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R-02-1254• • CITY OF CLERMONT RESOLUTION NO. 1254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO CREATE A PLANNED UNIT DEVELOPMENT TO ALLOW FOR THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT THAT WILL CONSIST OF RESIDENTIAL, RETAIL, OFFICE, PERSONAL SERVICE AND RESTAURANT USES IN THE IN THE CBD CENTRAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held May 7, 2002 granted approval of this Conditional Use Permit to allow the construction of a new Church campus at the following location: Legal Description City of Clermont, Block 82 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 create a Planned Unit Development to allow for the construction of a mixed use development that will consist of residential, retail, office, personal service and restaurant uses in the CBD Central Business District; be granted subject to the following conditions: CONDITIONS: Section 1 -General Conditions 1. 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 or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. The property shall be developed in substantial accordance with the conceptual site plan prepared by The Evans Group and dated March 1,2002. Formal construction plans, incorporating all conditions stated in this permit, shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. The conceptual site plans submitted with the CUP application are not the approved construction plans. 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. • • • CITY OF CLERMONT RESOLUTION NO. 1254 Page-2- 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 6. 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. 7. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 8. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date of this Conditional Use Permit is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. Section 2 -Land Use 1. The proposed development may consist of residential, retail, professional office, personal service, • and up to 13,000 square feet of restaurant uses. 2. This project shall meet the regulations of the Central Business District zoning district for all issues not specifically addressed in the PUD or as presented on the site plan as referenced in Section #1, Condition #3. 3. On site consumption of alcohol shall be allowed in the development even though the licensee's place of business is within 500 feet of an established church or school. 4. Medical office uses shall be limited to 5,000 square feet. Restaurants with delivery and instructional studios, such as dance or karate studios, with groups of five (5) or more shall be prohibited. The intent of the limitation on instructional studios is to preclude activities that "create" a high demand for parking or pick-up and drop-off. Section 3 -Excavation and Grading/Operation Plans 1. Detailed grading, erosion control, and dust abatement plans for the entire site shall be submitted to and approved by the Site Review Committee prior to construction plan approval and the initiation of development activity. The dust abatement plan shall detail measures to be taken to eliminate the migration of dust particles from the site. 2. The permittee/developers shall provide ground cover on all out parcel and disturbed areas, where construction is not immediately intended. Ground cover 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. r1 U 2 • r 1 L_J 3. All excavated material shall be stored in a location approved by the City Engineer. C1TY OF CLERMONT RESOLUTION NO. 1254 Page-3- 4. Ingress and egress to the site for construction shall be determined by the City Engineer. Section 4 -Transportation Improvements Sidewalks shall be required along all public road frontages. 2. A minimum of 152 parking spaces shall be provided on site. Section 5 -Utilities & Landscaping 1. Restaurants will be required to install grease traps at a size to be determined by the Public Works Director. 2. The street improvements shall be made on Desoto Street as depicted on the conceptual site plan dated March 1, 2002 and consistent with the downtown streetscape plan. • Section 6 -Architectural Design Standards Architectural design shall be similar to and contain the major design elements as depicted on the conceptual architecture plans as prepared by The Evans Group and dated February 25, 2002. Architectural plans for all buildings must be submitted to and approved by the Site Review Committee prior to construction plan approval for each building. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 28T" DAY OF MAY 2002. rold Turvil e, Mayor st: i" J eph Va e, City Clerk 3