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R-97-945• C17YOF CJ.E1?MO1V1" RESOLUTION No. 945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF MIN-WAREHOUSES (CONTAINING APPROXIMATELY 53,975 SQUARE FEET) WITH ON-SITE LIVING QUARTERS FOR A CARETAKER, LOCATED IN THE C-2 GENERAL COMMERCIAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held April 1, 1997 recommended approval of this Conditional Use Permit to allow the construction of min-warehouses (containing approximately 53,975 square feet) with on-site living quarters for a caretaker, located in the C-2 General Commercial Business District at the following location: LEGAL DESCRIPTION See Attached Exhibit "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 to allow the construction of min- warehouses (containing approximately 53,975 square feet) with on-site living quarters for a caretaker, located in the C-2 General Commercial Business District be granted subject to the following conditions: Section 1 General Conditions The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. 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. T • • CflY OF CLF.RMONT RESOLUTION No. 945 Page-2- 3. 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. 4. All applicable rules and regulations for development within the City 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 must be served with a low volume, permanent imgation system that must 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. 5. The developeripermittee shall be responsible for the cost of all required on-site and off-site infrastructure improvements necessitated by impacts of the project. • 6. In ess and egress to all ro'ect warehouses shall be rovided from the interior ~' P J P roadway system. Direct property ingress\egress shall be from US 27, as indicated on the approved site plan. 7. The developer/permittee shall install a suc (6) foot high concrete block perimeter wall adjacent to all residential uses and the north and south boundaries of the property. A combination concrete block/wrought iron wall as approved by the City Site Review Committee shall be provide adjacent to US 27. In addition to the perimeter wall, a five (5) feet wide, opaque vegetative buffer shall required adjacent to all residential uses. Other required landscape buffering and screening shall be as approved by the City Site Review Committee. 8. A minimum six (6) feet high temporary (opaque) wood fence shall be provided at the terminus boundary of each phase of construction as delineated on the approved site plan. The temporary wood fence shall be permitted for a period not to exceed eighteen (18) months from the date a Certificate of Occupancy is issued for each phase of development. At the end of eighteen (18) months temporary fence period a six (6) feet high concrete block wall shall be constructed as a replacement buffer. The concrete wall shall be provided with landscape in accordance with adopted City Code. • • • CITY OF CLI.RMONT RESOLUTION No. 945 Page-3- 9. All storage shall be conducted within an enclosed structure. The outside storage of vehicles, watercraft, commodities or other items shall be prohibited. 10. The caretakers quarters shall be considered an ancillary use contingent upon the mini-storage use. If the mini-warehouse use or facility ceases to exist, the quarters for the caretaker shall in no way provide vested interest as a residence. 11. 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. 12. The mini-warehouse facility shall be utilized for storage purposes only. The manufacturing, wholesaling, or retailing of services, goods or materials shall be prohibited. 13. 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" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at ~omgletion. e tion 2 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. • CITY OF CLERMOIVT RESOLUTION No. 945 Page - 4 - 3. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. Determination for selected ingress/egress locations shall be determined prior to the commencement of any development activity for a specific use or area. 4. All excavated material shall be stored in a location 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 areas being disturbed shall be stabilized with a combination of grass species appropriate for prevention of erosion according to standards acceptable to and approved by the City Site Review Committee. 7. In the event that overall site preparation is proposed to commence prior to actual structure construction for a specific phase of the project, the permittee, heirs or • assigns shall provide a complete reclamation plan for the land area being prepared. Reclamation shall be performed in conformance with the reclamation plan (as required in Section 1, Item 3) approved by the City Engineer, and in accordance with accepted best management practices (BMP) designated by publications of the U.S.D.A. Soil Conservation Service and St. Johns River Water Management District. The minimum reclamation plan shall address the following characteristics: A. Objective -The primary objective of the reclamation plan is to provide for a final project site which is conducive to future development, compatible with the surrounding topography and approximate pre-construction surface water drainage characteristics without subsequent erosion. The final grading of the project site shall conform to the grades, lines, slopes and contours shown on the approved reclamation site plan (as required in Section 1, Item 3). B. Grading and stabilization -All areas disturbed during the land preparation operation shall be graded, dressed and stabilized, in accordance with the approved reclamation site plan (as required in Section 1, Item 3) and the U.S.D.A., S.C.S. recommendations. Topsoil from the site shall be stockpiled and applied as the final soil cover material for all reclaimed areas. The retention areas shall be regraded to the original dimensions and _ stabilized in accordance with plans approved by the City Engineer. • CITY OF CLBRMONT RESOLUTION No. 945 Page - 5 - C. Landscaping and reforestation - Within 30 days all areas of the subject site shall be seeded and mulched, or sodded, as required to control erosion and prevent the creation of washes, rills, gullies, etc. All site areas shall also be seeded with a quick growing grass species which will provide an early cover during the season in which it is planted, and will not later compete with the permanent grassing. All City of Clermont landscape and tree requirements shall be complied with. All reforestation operations shall provide a minimum density of 20 hardwood trees per acre. Acceptable tree species shall be in compliance with the City of Clermont Land Development Regulations. Conversely, tree species designated as undesirable by the City of Clermont Land Development Regulations shall not be acceptable. D. Reclamation time horizons - At the end of six months from the completion of the reclamation project, at least 80% of the reclaimed areas shall have • permanently established ground cover. By the end of one year, ground cover shall be established on 100% of the reclaimed areas. Should erosion problems occur pnor to final approvals by the City of Clermont, such eroded areas shall be regraded and stabilized as necessary to comply with the intent of this reclamation requirement. E. Structure and debris eradication -All debris, refuse, junk, poles, piling, cables and other related articles shall be removed from the project area as part of the reclamation process. Any structures erected during the development operation shall be dismantled and removed, unless approvals from the appropriate jurisdictional entity permits otherwise. In general, the area shall be returned to natural conditions that are conducive to future development and compatible with the surrounding topography. Section General improvements for development of the site shall require the following: 1. Sidewalks and street lighting shall be required along all road frontages in accordance with adopted FDOT and City Codes. 2. All dumpster and other equipment sites shall be enclosed with masonry structures • with wood gates, in accordance with requirements of the City of Clermont Land Development Regulations and plans approved by the City Site Review Committee. • Cl7Y OF CIF.RMONT RESOLUTION No. 945 Page-6- 3. All signage shall conform to adopted City Codes and Regulations. The most southern and middle billboards, which presently exist on the site, shall be removed at tune of commencement of Phase I. The most northern billboard shall be removed at time of commencement of Phase III. 4. Roadway improvement plans for US 27, including but not limited to, access drives, accel/decel lanes, and turn lanes shall be submitted to and approved by the City Site Review Committee and FDOT prior to commencement of any development activity. Traffic analysis shall be accomplished and provided as specified in the City of Clermont Land Development Regulations. Section 4. A stormwater management plan, the following are required: 1. Permeability tests must be submitted as part of the site plan review process. • Permeability shall be maintained. 2. Verification of the stormwater run-off data and other assumption & calculations shall be provided 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 and applicable Florida Department of Transportation permits shall be required and filed with the City prior to receipt of a development permit or any development activity on the site. 4. The permittee/developer shall be responsible for the cost and provision of all upstream and downstream stormwater improvements, appurtenances and devices required to continue the historic drainage and stormwater flow regime patterns from adjacent properties necessitated by impacts of the development. Plans and specifications to ensure post development flood damage will not occur to adjacent properties shall be submitted to and approved by the St. Johns River Water Management District and the City Engineer prior to any development activity on the site. Prior to a Certificate of Occupancy being requested by the permittee/ developer, the Engineer of Record shall provide formal certification to the St. Johns River Water Management District, City Manager and City Engineer that all required elements of the stormwater/drainage management system have been constructed m accordance wrth the approved stormwater management plans. GJ~y ~~- ~' I ~e~.s~e ~e~ ~ec.J ~pru~~~'~n ~~ g ~ ~ na-~-~. ~e , ~1~G n ks~ _~ • , • Cl7Y OF CLF.RMONT RESOLUTION No. 945 Page-7- DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS DAY OF APRIL, 1997. OBERT A. PO ,Mayor ATTEST: JOSEPH E. ZILE, City Clerk • • • EXhlblt "A" • That part of Government Lot 4, Section 30, Township 22 South, Range 26 East, Lake County, Florida being more particularly described as follows: COMMENCE at the Southeast corner of Tract "A', LAKEVIEW HILLS PHASE 1, as recorded in Plat Book 24, Pages 41 and 42 of the public records of Lake County, Florida; thence run N 25°17'40" W along the East line of said Tract "A" and the East line of Tract "A", LAKEVIEW HILLS PHASE II, as recorded in Plat Book 27, Pages 26 and 27 of the public records of Lake County, Florida for a distance of 405.28 feet to the POINT OF BEGINNING; thence run along the East, South and West lines of said Tract "A" of LAKEVIEW HILLS PHASE II the following courses and distances: thence continue N 25°17'40" W for a distance of 164.19 feet; thence run N 88°42'14" E for a distance of 399.98 feet; thence run S 34°52'00" E for a distance of 180.03 feet; thence leaving said Tract "A" run S 88°42'14" W for a distance of 432.75 feet to the Point of Beginning. Along with Block AA as represented on the map of Lake Minnehaha Chain-0.Lakes Subdivision, less and except that fractional part thereof described as follows: Begin at the NE corner of Lot 1, Block 2 as represented on said map of Lake Minnehaha Chain-O-Lakes Subdivision and run easterly along the south boundary of Hook Street 160.83 feet to the western right-of-way line of U.S. 27; thence southeasterly along said right-of-way line 200 feet; thence southwesterly at an angle of 90 degrees to said U.S. 27 a distance of 150 feet to the eastern boundary line of said block 2; • thence northwesterly along said eastern boundary of said block 2 to the point of beginning. And Less and except that fractional part thereof described as follows: begin at the SW corner of Block AA and Run N 88°48'23" E along the south boundary line of Block AA, a distance of 197.08 feet; thence N 01°11'37" W a distance of 50 feet; thence N 37°10'58" W a distance of 142.85 feet to a point on the NW boundary line of said Block AA; thence S 33°08'52" W along said boundary line of Block AA a distance of 200.54 feet to the Point of Beginning.