R-92-751
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CITY OF CLERMONT
RESOLUTION
NO. 751
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 CONSTRUCT A SHOPPING CENTER IN THE C-2 GENERAL
COMMERCIAL BUSINESS DISTRICT AND THE R-2 MEDIUM DENSITY RESIDENTIAL
DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of
Clermont, Lake County, Florida at a meeting held April 7, 1992,
recommended approval of the Conditional Use Permit for a Planned
Unit Development to construct a shopping center at the following
location:
LEGAL DESCRIPTION: Commence at the northwest corner of section 29,
Township 22 south, Range 26 east, Lake County, Florida; Thence SOOo
16'29"W along the west boundary of said Section 29, also being the
centerline of right-of-way for Grand Highway, 236.89'. Thence S89°
43'31"E 30.00' to the easterly right-of-way line of said Grand
Highway and the POB; Thence continue S89°43'31"E 20.00'; Thence
N81°23'43"E 682.29'; Thence S30032'07"E 16.46'; Thence S29°50'12"E
112.88'; Thence S30058'43"E 115.06'; Thence S40007'29"E 125.22';
Thence Sll°25'47"E 70.84'; Thence Sll°10'30"W 48.04'; Thence S32°
44'55"W 106.29'; Thence S68°18'30"E 179.57'; Thence S21°41'30"W
20.00'; Thence N68°18'30"W 179.57'; Thence S10038'04"W 110.79';
Thence S05°40'00"W 106.48'; Thence S33°18'38"E 169.97'; Thence S54°
23'12"E 112.87'; Thence S70045'11"E 153.92'; Thence N65°25'40"E
102.82'; Thence N77°46'36"E 68.87'; Thence S00018'23"W 323.43' to
the northerly right-of-way line of state Road 50; Thence N89 °
41'37"W along said northerly right-of-way line, 194.89'; Thence
N83°29'59"W along said northerly right-of-way line, 481.47'; Thence
S03°32'30"W along said northerly right-of-way line, 35.05'; Thence
N83°29'59"W along said northerly right-of-way line, 425.03'; Thence
N00016'29"E 297.28'; Thence N83°29'59"W 206.22' to the easterly
right-of-way line for Grand Highway; Thence N00016'29"E along said
easterly right-of-way line 779.16' to the POB.
GENERAL LOCATION:
North of State Road 50 and east of Grand
Highway
The City Council deems it advisable in the interest of the general
welfare of the City of Clermont, Lake County, Florida to grant the
Conditional Use Permit;
NOW THEREFORE BE IT RESOLVED by the City Council of the City
of Clermont, Lake County, Florida that:
section 1
General Conditions
1. 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.
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CITY OF CLERMONT
RESOLUTION
NO. 751
2. No further expansion of the use or additions to this facility
shall be permitted except as approved by another Conditional
Use Permit.
3. 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 and 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. These areas shall be properly
maintained.
4. 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.
5. Performance bonding shall be required for all 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.
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. 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.
section 2.
operation Plans (Excavation, Grading, and Reclamation) are to
be outlined for site alteration in an attached manual and
submitted by the applicant:
1. Geotechnical information regarding the soil to be placed on
the property must be submitted. This information will be
required before a development permit is issued.
2. Densi ty tests will be conducted at a maximum of 2 foot
intervals in order to prove compaction requirements. Fill
shall be compacted to 95% density of modified proctor.
3. 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.
4. Prior to any site development activity the boundary of the
designated 100-year flood plain shall be physically
delineated. Upon formal delineation, silt barriers and hay
bales shall be utilized for protection of all identified flood
plain areas. Encroachment in any manner shall be disallowed.
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CITY OF CLERMONT
RESOLUTION
NO. 751
5. Noise levels shall not exceed those recommended by F.D.E.R.
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 or heavy machinery
engines will not be started earlier than 7:00 A.M.
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 F.D.E.R.
7. Ingress/egress to the site for construction shall be from
Highway 50 east of Quincy's Restaurant. No ingress or egress
of machinery or trucks shall be allowed on Grand Highway.
8. A DOT permit will be required and filed with the City for fill
activity along Highway 50 right-of-way prior to issuance of a
Development Permit by the city.
9. The applicant will be required to maintain swales or other
acceptable erosion protection along the existing temporary
haul road which runs between Jacks Lake north and south in the
event the roadway is utilized for soil delivery to the
property. This work will be inspected and approved prior to
any fill activity.
10. All excavated material shall be stored in a location approved
by the City Engineer.
11. Any areas being modified to a slope of three (3) horizontal to
one (1) vertical (3:1), such as water retention areas, shall
be sodded. Any areas being modified to a slope greater than
two (2) horizontal to one (1) vertical (2:1) shall be
stabilized with an approved geotechnical system and then
sodded with a long-stemmed grass species appropriate for
prevention of erosion according to standards acceptable to and
approved by the U.S.D.A. Soil Conservation Service.
12. All disturbed slopes in the fill areas shall be planted with
a mixture of approved conifer trees, at a ratio to be agreed
upon by the site Review Committee and the developer, with the
advice of the USDA Soil Conservation Service.
13. Both temporary and permanent grassing including fertilizer
shall be done in accordance with an approved plan acceptable
to the City and the U.S.D.A. Soil Conservation Service located
in Tavares.
14. The out-parcel located at the southeast corner shall be hydro
seeded and supplied with a source of irrigation.
section 3.
with regards to a stormwater management plan, the following
are required:
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CITY OF CLERMONT
RESOLUTION
NO. 751
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 must be provided and approved prior
to any development activity.
3. A st. John's River Water Management District stormwater permit
will be required and filed with the City prior to receipt of
a building permit or any development activity.
4. Final disposition of stormwater outfall shall be to the
existing south pond portion of Jack's Lake.
section 4.
with regard to the general improvements/landscaping of the
site, the following shall be required:
1. Sidewalks shall be required along all road frontages in
accordance with adopted FDOT and City Codes.
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. Trees shall be spaced at no less
than fifty (50) feet intervals along the east and north buffer
strips on the site.
3. All dumpster and other equipment sites shall be enclosed with
masonry structures in accordance with 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 and unobstructed roadway design plans for
the rear of the commercial center shall be submitted and
approved to ensure aesthetic and public safety considerations
are not adversely impacted.
6. All signage shall conform to adopted City Codes and
Regulations¡ Off site signage shall be disallowed.
7. Roadway improvement plans for State Road 50, Grand Highway,
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. If signalization is determined
necessary prior to any development on the south side of
Highway 50 utilizing the signalization, total cost will be
borne by this developer. Should development occur on the
south side of Highway 50 which warrants signalization at that
time, this developer will pay a pro rata share based on
traffic counts.
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CITY OF CLERMONT
RESOLUTION
NO. 751
8. The permittee shall provide a minimum of 685 parking spaces
for the commercial center. The parking spaces to be allocated
for the Kmart store may be 9' x 18' and double-striped,
however, all remaining spaces shall be the standard 10' x 20'¡
all spaces shall be designed and built in conformance with
adopted city Codes and Regulations.
9. The existing billboard located on the out parcel shall be
removed prior to issuance of a certificate of occupancy.
10. Commercial oriented laundry service uses shall be disallowed
on the site.
11. The permittee agrees to dedicate twenty (20) feet of right-of-
way the length of the site adjacent to Grand Highway for
conformance with adopted collector roadway standards.
12. The northern most ingress/egress driveway shall be directly
aligned with Almond street.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
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(Lf~·f
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, 1992.
LAKE COUNTY, FLORIDA THIS
/ J../i.t DAY OF
ATTEST:
~ E!(::¡::)City Clerk
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