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R-91-743 CITY OF GLERMONT RESOLUTION ~0, 743 ~ RESOLUTION OF THE CZT¥ COUNCIL OF THE CITY OF CLBI~ONT~ L~KE COUNTY~ FLORIDA GI~I~TING A CONDITION~.~ USE ~BRMIT FOR ~ PI.~.NNED UNIT DEVELOPMENT TO CONSTRUCT ~ SHOPPING CENTER IN THE C-2 GBNEI~L COMMERCI&L BUSINESS DISTRICT ANDTHER-2MEDIUMDENSITYRESlDENTI&L DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida 'at a.meeting held November 5, 1991, recommended approval of the Conditional Use Permit for a Planned Unit Development to construct a shopping center at the following location: LEGAL DEBCRIPTIONz Commence at the northwest corner of Section 29, Township 22 south, Range 26 east, Lake County, Florida; Thence SOO 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 POS; Thence continue S89 43'31"E 20.00'; Thence NSl 23'43"E 682.29'; Thence S30 32'07"E 16.46'; Thence S29 50'12"E 112.88'; Thence S30 58'43"E 115.06'; Thence S40 07'29"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 S10 38'04"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 S70 45'11"E 153.92'; Thence N65 25'40"E 102.82'; Thence N77 46'36"E 68.87'; Thence SOO 18'23"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 N00 16'29"E 297.28'; Thence N83 29'59"W 206.22' to the easterly right- of-way line for Grand Highway; Thence N00 16'29"E along said easterly right-of-way line 779.16' to the POS. 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 The application for a Conditional Use Permit for a Planned Unit Development to construct a shopping center in C-2 General Commercial Business District and the R-2 Medium Density Residential District be granted subject to the following conditions: 1 CITY OF CLERMONT RESOLUTION NO. 743 ~eneral OonSitions 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. 2. No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 3. Ail 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. Ail 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, an5 Reclamation) are to be outline5 for site alteration in an attaohe~ 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. CITY OF CLERMONT RESOLUTION NO. 743 2. Density 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. 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. Ail 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. 3 CITY OF CLERMONT RESOLUTION NO. 743 12. Ail disturbed slopes in the fill areas shall be planted with a mixture of approved conifer trees, to be determined at the time of Site Review, at a ratio of two hundred (200) per one (1) acre (200:1). 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 regarSs to 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 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 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 re~uired: 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. 3. Ail 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. 4 CITY OF CLERMONT RESOLUTION ~0. 743 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. 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, ATTEST.. E.~ty Clerk 5