R-98-1011• •
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CITY OF CLEIZMONT
RESOLUTION
No. 1011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF A RETAIL BUSINESS CENTER WITH ASSOCIATED
RESTAURANT AND CONVENIENCE STORE USES, LOCATED IN THE C-1
COMMERCIAL DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held July 7, 1998 recommended approval of this Conditional Use Permit to
allow the construction of a retail business center with associated restaurant and convenience store
uses, located in the C-1 Commercial District 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:
This application for a Conditional Use Permit to allow the construction of a retail business
center with associated restaurant and convenience store uses, located in the C-1 Commercial
District 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.
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CITY OF CLEIZMONT
RESOLUTION
No. 1011
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. 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.
9. This permit shall become null and void if substantial construction work has not begun
within one (1) year of the date of issuance of this Conditional Use Permit. Substantial
construction work shall mean the commencement and continuous construction of required
improvements ultimately finalized at completion of the project.
Section 2 -Land Use
• The Conditional Use Permit for the Retail Commercial Center shall mean and include the total of
the following land uses:
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CITY OF CLERMONT
RESOLUTION
No. 1011
Page - 3 -
Square Footage and Type of Development
The proposed development shall be permitted for a retail business center with associated
restaurant and convenience store uses. Ultimate, physical development shall be dependant upon
actual tenant construction scenarios, contingent upon compliance with development criteria
specified within the adopted City Land Development Regulations. The established uses shall be
compatible and consistent with those uses indicated within the C-1 Zoning Category of the City of
Clermont Land Development Regulations.
2. Building Setbacks and Building Height
All buildings shall maintain a 50' setback from State rights-of--way, 25' setback from City and
County rights-of--way, and 25' setback from adjacent properties.
. The maximum building height shall be 35 feet.
Parking
Parking shall be provided as required by the City of Clermont Land Development Regulations for
each individual land use, as the project is developed.
Section 3 -Transportation Improvements
1. Sidewalks shall be constructed along all roadways in conformance with City and Florida
Department of Transportation (FDOT) Standards, the length of the subject property.
Construction shall be provided in accordance with adopted City Codes.
2. The permittee/developer shall provide off-street parking and loading spaces as required by
City Code. Due to the potential diversity and variability in parking demand for the project, the
final decision on the aggregate amount of parking and vehicular use space shall be determined by
the City Site Review Committee in consideration of traffic engineering and site specific data that
are applicable to the proposed development and intended uses to be constructed. 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 uses to be initially developed and those intended for future
development.
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CITY OF CLERMONT
RESOLUTION
No. 1011
Page-4-
4. Roadway improvement plans for US Highway 27 and Vista Del Lago Boulevard,
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 US Highway 27 and/or
Vista Del Lago Boulevard the permitteeldeveloper 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.
5. Prior to construction and development of the retail business center project, the
permitteeldeveloper 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 Engineer. No
direct ingress or egress of machinery or trucks shall be allowed from US Highway 27.
7. A Florida Department of Transportation (FDOT) access management permit will be
required and filed with the City for any activity proposed to occur along US Highway 27 right-of-
way prior to issuance of development approval or permitting by the City. Applicable Lake
County access management permits shall be required and filed any activity proposed to occur
along Vista Del Lago Boulevard prior to issuance of development approval or permitting by the
City.
8. The applicant will be required to maintain swales and/or other acceptable erosion
protection devices along US Highway 27, 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.
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. 1011
Page = 5 -
2. Verification of the stormwater run-off data, assumptions, and calculations shall be
provided and approved by the City Engineer and other applicable jurisdictional agencies prior to
any development activity.
3. A St. John's River Water Management District stormwater permit shall be required and
filed with the City prior to receipt of a building permit or any development activity on the site.
4. Final disposition of stormwater outfall shall be as approved by the City Engineer.
5. Stormwater retention areas shall be constructed at a maximum relief 3 :1 (H: V). The side
slopes shall be sodded. All other azeas being disturbed shall be stabilized with landscape and sod
in accordance with adopted City Code.
6. Final disposition of stormwater outfall shall be as approved by the City Engineer.
• Section 5 -Excavation and Grading/Operation Plans
1. The applicant shall submit a detailed excavation, grading and erosion control plan for the
entire site during the site plan review process which must be approved by the City Site Review
Committee prior to initiation of development activity..
2. All excavated material shall be stored in a location approved by the City Engineer.
3. Geotechnical information regarding the soil characteristics of the site shall be submitted to
the City as part of the Site Review process.
4. The permitteeldevelopers 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 (BMI') of the U.S.D.A. Soil Conservation Service.
Such areas on the site shall be hydro-seeded and supplied with a constant source of imgation that
will ensure stabilization until actual construction occurs.
5. In areas where substantial earth work may require 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.
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CITY OF CLEIZMONT
RESOLUTION
No. 1011
Page-6-
6. 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).
7. 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.
8. 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.
Section 6 -Site Improvements/Landscaping
All signage shall conform to adopted City Codes and Standards.
2. Buffering and screening shall be required in accordance with adopted City Codes. All
buffering and screening shall be provided in conformance with the 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. 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.
4. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed
upon the site and does not adversely impact abutting properties.
5. Architectural finish, building, and landscape design plans for the project shall be submitted
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. 1011
Page - 7 -
6. Commercial display of commodities for sale shall be located within a completely enclosed
building and conform to City regulations for storage, screening, and location criteria for
placement adjacent to the tenant structure, unless an open air sales permit has been received and
approved by the City.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
i3a6G rJ~r~~6~~.-
COUNTY, FLORIDA THIS -I DAY OF , 1998.
..~ ~-
KEN NORQUIST, May Pro Tem
ATTEST:
J EPH E. V ZILE, ~ ity Clerk
•
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