R-98-1032• •
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CITY OF CLERMONT
RESOLUTION
No. 1032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED
UNIT DEVELOPMENT TO CONSIST OF TWO (2) 18,000 SQUARE FEET OFFICE
BUILDINGS.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held October 6, 1998 recommended approval of this Conditional Use Permit
for a Planned Unit Development to consist of two (2) 18,000 square feet office buildings at the
following location:
LEGAL DESCRIPTION
See Attachment "A"
The City Council deems it advisable in the interest of the general welfare of the City of Clermont,
Lake County, Florida to grant this Conditional Use Permit;
• NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont,
Lake County, Florida that:
SECTION 1.
This application for a Conditional Use Permit for a Planned Unit Development to consist
of two (2) 18,000 square feet office buildings be granted subject to the following conditions:
Section 1 -General Conditions
1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with
the land and the terms, conditions, and provisions hereof, and shall be binding upon the present
owner and any successor in title or interest, and shall be subject to each and every condition
herein set out.
2. Upon approval of the this resolution the aforementioned property shall only be used for
the purposes described herein. No further expansion of the use or additions to this project shall be
permitted except as approved by another Conditional Use Permit. Any other proposed use shall
be specifically authorized by amendment and approval of the City of Clermont City Council.
3. Construction and operation of the proposed use shall at all times comply with the
regulations of this and other governmental agencies.
a
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CITY OF CLERMONT
RESOLUTION
No. 1032
Page-2-
4. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any manner
within the boundary of the project without first submitting necessary plans, obtaining necessary
approvals, and obtaining necessary permits in accordance with the City of Clermont Land
Development Regulations and those of other appropriate jurisdictional entities.
5. Prior to the issuance of any permits, the applicant shall be required to submit formal site
plans for review and approval by the City of Clermont Site Review Committee. The site plans
shall meet all submittal requirements and comply with the conditions of this Resolution, applicable
City Codes, Regulations, Ordinances, and provide compliance with the adopted City
Comprehensive Plan, as amended.
6. The property shall be developed in substantial accordance with an approved site plan and
Operation/Reclamation Plan incorporating all conditions of this Conditional Use Permit. Said
plans shall be submitted for review and approval of the Site Review Committee prior to
• authorization and issuance of a development permit.
7. All applicable rules and regulations shall be met, including but not limited to, final site
plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All
required landscaping shall be served with a permanent irrigation system including back flow
prevention device and rain sensor equipment. All such appurtenances shall be properly
maintained. The drainage and stormwater retention requirements of the City and the appropriate
regulatory agencies shall be met, and approved by the City Engineer. All such areas shall be
properly maintained.
8. Performance bonding shall be required for all public infrastructure (transportation, potable
water, and waste water systems) and reclamation improvements, including on-site and off-site
locations, evidencing impact by the proposed development. An estimate of costs shall be
prepared, certified and submitted by the Engineer of record and approved by the City Engineer.
The City shall then determine the bond amount in accordance with adopted City Code regulations.
9. All inspection costs will be borne by the applicant. This shall include final inspection and
ongoing random inspections for compliance with Conditional Use Permits conditions.
10. If any of the stated conditions are violated, the applicant understands and agrees that the
City Council may revoke this Conditional Use Permit by resolution.
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CITY OF CLERMONT
RESOLUTION
No. 1032
Page - 3 -
11. This permit shall become null and void if substantial work has not begun within one (1)
year of the date of issuance of this Conditional Use Permit.
12. No further expansion of the use, additions to the use, or additions to the facility shall be
permitted except as approved by another Conditional Use Permit.
Section 2 -Physical Site Development
1. The applicant shall submit a detailed excavation, grading and erosion control plan for the
site during the site plan review process which must be approved by the City Site Review
Committee prior to initiation of development activity.
2. Noise levels during construction shall not exceed those recommended by the Florida
Department of Environmental Protection. Any vibratory compaction shall be limited to the hours
of 8:00 A.M. to 6:00 P.M. Monday through Saturday only. Vibrations shall be limited to avoid
• any damages to neighboring persons or properties. Heavy Equipment and normal work
operations will be allowed on the site between the hours of 7:00 A.M. and 7:00 P.M. Monday
through Saturday. Heavy Equipment or heavy machinery engines will not be started earlier than
7:00 A.M. on any approved work day.
All excavated material shall be stored in a location approved by the City Engineer.
4. Geotechnical information regarding the soil characteristics of the site shall be submitted to
the City as part of the Site Review process.
5. The permittee/developers shall provide both temporary and permanent grassing including
fertilizer application on all disturbed areas where construction is not immediately intended. Said
plan shall be provided in accordance with an approved ground cover plan acceptable to the City in
accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service.
6. In areas where substantial earth work requires filling/compaction, density tests will be
conducted at a maximum of 2 foot intervals in order to prove compaction requirements. All
disturbed soils shall be compacted to 95% density of modified proctor.
7. A dust abatement plan shall be submitted to the City detailing measures to be taken in
eliminating the migration of dust particles from the site. The plan must specifically outline those
measures recommended by the United States Department of Agriculture Soil Conservation
• Service and the Florida Department of Environmental Protection (FDEP).
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L'
CITY OF CLERMONT
RESOLUTION
No. 1032
Page-4-
8. All areas being modified to a slope of three (3) horizontal to one (1) vertical (3:1), such as
water retention areas, shall be sodded. Slopes greater than 3:1 shall be prohibited.
9. Noise levels shall not exceed those recommended by the Florida Department of
Environmental Protection (FDEP). All vibratory compaction shall be limited to the hours of 8:00
A.M. to 6:00 P.M. Monday thru Saturday, only. Vibrations shall be limited to avoid any damages
to neighboring persons or properties. Heavy equipment and normal work operations will be
allowed on the site between the hours of 7:00 A.M. and 7:00 P.M. Monday thru Saturday. Heavy
equipment maintenance operations and\or heavy machinery engines will not be started earlier than
7:00 A.M. on approved work days.
10. The developer/permittee shall be responsible for the cost of all required on-site and off-site
infrastructure improvements necessitated by impacts of the project.
Section 3 -Transportation Improvements
• 1. Sidewalks shall be constructed along all roadways in conformance with City and Florida
Department of Transportation (FOOT) Standards, the length of the subject property.
Construction shall be provided in accordance with adopted City Codes.
2. The penmittee/developer shall provide off-street parking and loading spaces as required by
City Code. All said required parking and vehicular use areas shall be landscaped in conformance
with adopted City Code.
3. The permittee/developer shall construct internal traffic connection links that provide direct
transportation access between the parcels to be initially developed and those identified for future
development.
4, Roadway improvement plans for State Road S0, the reverse frontage road, connector
roads and the project site, including but not limited to, access drives, acceVdecel lanes, turn lanes,
traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to
and approved, appropriately, by the City Site Review Committee, the Florida Department of
Transportation and Lake County prior to commencement of any development activity for any
portion of the project. At such time as signalization is determined warranted and necessary on
Highway 50, the permittee/developer shall pay a pro rata share of improvement costs based on
traffic counts. Project specific on-site/off--site transportation improvements consistent with
identified project impacts will be the sole responsibility of the developer.
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CITY OF CLERMONT
RESOLUTION
No. 1032
Page - 5 -
5. Prior to any construction and development of the professional office center project, the
permittee/developer shall provide a traffic analysis which identifies the development's impact on
the City's transportation system. Project expansion whose site location, anticipated total trip
generation, circulation patterns, or other such factors that warrant a more extensive review of
traffic impacts may also be required a traffic analysis; performance shall be contingent upon
formal notification by the City.
6. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
7. A Florida Department of Transportation (FDOT) permit will be required and filed with the
City for any activity proposed to occur along Highway 50 right-of--way prior to issuance of
development approval or permitting by the City.
8. The applicant shall be required to maintain swales and/or other acceptable erosion
• protection devices along SR 50, and/or other roadways (temporary or permanent) which are
utilized for construction of the project and property. Said improvements will be approved and
inspected by the City Engineer prior to any development activity being conducted.
9. The permittee shall dedicate sixty (60) feet ofright-of--way and construct the north-south
road connection from the reverse frontage road to SR 50. The designated road shall be permitted
as a right-in/ right-out facility at SR 50, off. Formal construction shall be as approved by the
City Site Review Committee. Right-of--way dedication shall be provided prior to any construction
or development activity on the site.
10. The permittee shall dedicate forty (40) feet ofright-of--way and construct the reverse
frontage road the length of the subject property. Physical construction of the reverse frontage
road shall commence within 90 days of formal notification by the City. Formal construction shall
be as approved by the City Site Review Committee. Right-of--way dedication, including the
additional forty (40) feet from the adjacent owner, shall be provided prior to any construction or
development activity on the site.
Section 4 - Stormwater Management
1. Permeability tests must be submitted as part of the site plan review process. Permeability
shall be maintained.
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CITY OF CLERMONT
RESOLUTION
No. 1032
Page-6-
2. Verification of the stormwater run-off data, assumptions and calculations shall be provided
to, and approved by, the City Engineer prior to any development activity. Positive outfall for
stormwater shall be provided as approved by the City Engineer.
3. A St. John's River Water Management District stormwater permit shall be required and
filed with the City prior to receipt of a development permit or any development activity on the
site.
4. Stormwater retention areas shall be constructed at a maximum relief 3 :1 (H: V). The side
slopes shall be sodded. All other areas being disturbed shall be stabilized with landscape and sod
in accordance with adopted City Code.
Final disposition of stormwater outfall shall be as approved by the City Engineer.
Section 5 -Site Improvements/Landscaaing
• 1. All signage shall conform to adopted City Codes and Standards.
2. Buffering and screening shall be required from all abutting uses in accordance with
adopted City Codes and in conformance with the approved site and landscaping plan approved by
the City Site Review Committee. All required landscaping must be served with a permanent
irrigation system, backflow prevention device, and rain sensor gauge. The system and all
dependant devices shall be properly maintained.
3. A site lighting plan shall be submitted and approved for each parcel developed on the site.
Lighting shall be designed, installed and directed to fall upon the subject site and not adversely
impact abutting properties.
4. All dumpster and other external equipment sites shall be enclosed with masonry structures
with wooden gates. All such structures and appurtenances shall be landscaped in accordance with
City code and plans approved by the City Site Review Committee.
5. Architectural finish, building, and landscape design plans for the professional offices shall
be submitted to and approved by the Site Review Committee prior to any development activity to
ensure aesthetic and public safety considerations are not adversely impacted.
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CITY OF CLERMONT
RESOLUTION
No. 1032
Page-7-
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS 27~' DAY OF OCTOBER, 1998.
~..~- `-
KEN NORQUI ,Mayor
ATTEST:
J PH E. VAN ,City Clerk
•
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. Resolution No. 1032
Attachment "A"
That part of Tract 11, Lake Highlands Company Subdivision as recorded in Plat Book 2, Page 28,
of the Public Records of Lake County, Florida, lying north of northerly right-of--way of State
Road 50; Less and Except that tract of land conveyed to Florida Power Corporation and recorded
in Official Records Book 91, Page 572, of the Public Records of Lake County, Florida.
AND
That portion of Tract 12, Lake Highlands Company Map of Section 28, Township 22 South,
Range 26 East lying north of State Road 50, LESS AND EXCEPT -Commence at the southwest
corner of Section 28, Township 22 South, Range 26 East, Lake County, Florida. Thence run N
00° 16'40" E along the west line of the southwest '/< of said Section 28, a distance of 1447.86 feet
to the centerline of S.R. 50; Thence run S 89°30'11" E along the centerline of S.R. 50 a distance
of 1513.42 feet to a centerline P.I. STA. 1361+34.80; thence run S 89°05'34" E along the
centerline of S.R. 50 a distance of 765.18 feet, to a change in the north right-of--way centerline
STA. 1369+00; thence run N 00°54'26" E a distance of 160.00 feet to the northerly right-of--way
of S.R. 50; thence run S 89°05'34" E along the northerly right-of--way of S.R. 50 a distance of
155.67 feet to the Point of Beginning: 1) Thence continue S 89°05'34" E along the motherly
• right-of--way a distance of 200.00 feet to a point 15.0 feet west of the east line of the nrohwest '/4
of Section 28, Township 22 South, Range 26 East, (the east line of Tract 12, Map of Section 28,
Township 22 South, Range 26 East, Lake Highlands Co. Subdivision, recorded in Plat Book 2,
Page 28, Public Records, Lake County, Florida.) 2) thence run N 00°34'52" E 15.0 feet west of
and parallel to the said east line of the northwest '/< a distance of 200.00 feet; 3) thence run N
89°05'34" W a distance of 200.00 feet parallel to the northerly right-of--way of S.R. 50. 4) Thence
run S 00°34'52" W parallel to the east line of the northwest '/4 of said Section 28, a distance of
200.00 feet to the Point of Beginning to close.
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