R-97-943i •
• C17Y OF CLF.RMOIV7'
RESOLUTION
No. 943
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 CONVENIENCE STORE/GAS STATION, LOCATED IN THE
C-2 GENERAL COMMERCIAL DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held March 4, 1997 recommended approval of this
Conditional Use Permit to allow the construction of a convenience store/gas station,
located in the C-2 General Commercial District at the following location:
GENERAL LOCATION
Parcel generally located at the northwest corner of Grand
Highway and State Road 50.
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 a
convenience store/gas station, located in the C-2 General Commercial District be granted
subject to the following conditions:
1. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns and/or successors in title or interest.
2. The property may be used as a convenience store/gasoline sales business only. No
change of the use or additions to the use shall be permitted except as approved by
another Conditional Use Permit.
3. The property shall be developed in substantial accordance with an approved site
plan and grading/excavation 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.
• •
•
CI7Y OF CLF.RMOIV7'
RESOLUTION
No. 943
Page - 2 -
4. 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 must be served with a permanent irrigation system
including City approved back-flow prevention device and rain sensor gauge. All landscape
areas must be properly maintained.
5. The drainage and stormwater retention requirements of the City and the
appropriate regulatory agencies shall be met, and approved by the City Engineer.
Verification of the stormwater run-off data and other assumption and calculations must
be provided and approved by the City Engineer prior to any development activity. These
areas shall be properly maintained.
6. 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.
7. 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.
8. Roadway improvement plans for State Road 50, Grand Highway, Lake View
Drive and the commercial site, including but not limited to, access drives, accel/decel
lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement
lanes shall be submitted to and approved by the City Site Review Committee, FDOT and
Lake County prior to commencement of any development activity.
9. Ingress/egress to the site from SR 50 and Grand Highway shall utilize right-in/
right-out movement scenarios only, and such locations shall construct defined lane
separator devices as approved by the FDOT, Lake County and the City.
10. The permittee agrees to dedicate three (3) feet of right-of--way the length of the
site adjacent to Grand Highway for conformance with adopted collector roadway
standards. Said dedication shall be provided and recorded prior to any development
activity on the site.
11. Sidewalks shall be required and constructed along all road frontages in accordance
with adopted FDOT and City Codes.
n
~J
• •
• CITY OF CLERMONT
RESOLUTION
No. 943
Page - 3 -
12. Applicable FDOT and Lake County construction permits will be required and
filed with the City for any excavation/grading activity along S.R. 50 and Grand Highway
rights-of--way rior to issuance of a Development Permit by the City.
13. The permittee/developer shall provide on-site and off-site utility improvements as
necessary to address and satisfy the impacts of the project. Plans and specifications shall
be provided to and approved by the City Site Review Committee prior to the issuance of
any development permit by the City.
14. The permittee/developer shall provide a turn lane on Grand Highway to
accommodate west bound traffic access to S.R. 50 and the subject site. The required
turn lane shall be constructed at such a length so as to permit direct egress from the
driveway of the proposed project to the west bound turn lane. East bound turning
movements to SR 50 shall be prohibited from the SR 50 driveway.
15. The permittee/developer shall provide turn lane and drainage improvements to the
• US 27 on-ramp as required by the FDOT and the City.
16. Noise levels during construction of the project shall not exceed those
recommended by F.D.E.R. 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 maintenance operations and/or heavy machinery engines will
not be started earlier than 7:00 A.M. on any day.
17. Ingress/egress to the site for construction shall be from Grand Highway or Lake
View Drive as approved by the City Engineer. No ingress or egress of machinery or
trucks shall be allowed on S.R. 50.
18. 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 prior to issuance of any development
permit by the City. Landscape buffering along the north property line shall be doubled
(i.e. number of shrubs and trees). The stormwater retention area shall be located on the
north property line, so as to allow additional buffering between the commercial and
residential uses.
19. All dumpster and other equipment sites shall be enclosed with masonry structures
• and landscaped in accordance with plans approved by the City Site Review Committee.
Said dumpster shall be located near the building, away from residential uses.
•
C
•
CITY OF CLERMONT
RESOLUTION
No. 943
Page - 4 -
20. 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 or traffic on
SR 50 and Grand Highway.
21. Architectural finish and design plans for the commercial building, especially the
rear of the building, shall be submitted to and approved by the Site Review Committee
to ensure aesthetic and public safety considerations are not adversely impacted.
22. All signage shall conform to adopted City Codes and Regulations.
23. If, at a future date, parking at this site proves inadequate the applicant
understands and agrees that the City may require additional parking or rescind this
Conditional Use Permit.
24. The permit shall expire if construction has not begun within one year from the
date of grant of this Conditional Use Permit.
• 25. 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.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 25TH DAY OF MARCH, 1997.
c~
ROBERT A. POOL, Mayor
•
ATTEST:
EP E. V IL ,City Clerk
• •
•
Exhibit "A"
DESCRIPTION
A PARCEL OF LAND LYING NORTHERLY OF THS NORTHERLY RIGHT-OF-WAY LINE OF
STATE ROAD NO. 50 AND WEST OF THE WEST RIGHT-OF-WAY LINE OF GRAND
HIGHWAY IN SECTION 30, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY,
FLORIDA, BEING DESCRIBED AS FOLLOWS:
BEGIN AT A POINT 5.00 FEET EAST OF THE SOUTHWEST CORNER OF LOT 36 AS
SHOWN ON THE PLAT OF LAKEVIEW HEIGHTS SUBDIVISION, SECTION ONE, AS
RECORDED IN PLAT BOOK 12, PAGE 83,.OF THE PUBLIC RECORDS OF LAKS COUNTY,
SAID POINT BEING ON THS SOUTH .LINE OF SAID LOT 36; THENCE NORTH
8832 ~ 17" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 126.00 FEET TO THE
SOUTHEAST CORNER .OF SAID LOT 36; THENCE SOUTH 1~27~43" EAST ALONG THE
WEST LINE OF LOT 1 OF SAID I.AKEVIEW HEIGHTS SUBDIVISION, A DISTANCE OF
66.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 88~32~17"
EAST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 131.01 FEET TO
THE SOUTHEAST CORNER OF SAID LOT l; THENCE SOUTH 127'43" EAST, ALONG
THS WEST RIGHT-OF-WAY LINE OF GRAND HIGHWAY, A DISTANCE OF 149.04 FEET
TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO.
50, SAID POINT OF INTERSECTION BEING ON THE ARC OF A CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 8519.37 FEET AND A CHORD SEARING OF
NORTH 83~04~52" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF
• 005647", AN ARC DISTANCE OF 140.73 FEET TO THE POINT OF TANGENCY OF
SAID CURVE; THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
NORTH 75~02~20" WEST, A DISTANCE OF 122.79 FEET; THENCE DEPARTING SAID
RIGHT-OF-WAY LINE, RUN PARALLEL WITH AND 5.00 FEET EAST OF THE SOUTHERLY
EXTENSION OF THE WEST LINE OF AFORESAID LOT 36, A DISTANCE OF 159.81
FEET TO THE POINT OF BEGINNING. LESS THE EASTERLY 7.00 FEET THEREOF.
AND,
LOT 36 OF AFORESAID LAKEVIEW HEIGHTS SUBDIVISION, SECTZON ONE, LESS THE
WESTERLY 5.00 FEET, THEREOF.
CONTAINING 47,783 SQUARE FEET, BEING 1.10 ACRES, MORE OR LESS.
•