R-90-652• •
CITYOF CLERMONT
RESOLUTION
No. 652
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW
EXCAVATION OF PROPERTY TO FACILITATE FURTHER DEVELOPMENT IN THE
C-2 GENERAL COMMERCIAL BUSINESS DISTRICT AT THE FOLLOWING LOCATION:
PROPERTY: Sec 29-22-26 Portions of Tracts 3, 4, 5A, 5B, 8B, 9A, 9B
and 14.
LOCATION: Vacant property north and east north east of Quincy~s
Restaurant. Approximately 19 acres.
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 to allow
excavation/fill of property to facilitate further development in
the C-2 General Commercial Business District Zoning District be
granted subject to the following conditions:
1. This project shall be completed within eighteen (18) months of
the date of issuance for the Conditional Use Permit. If the
project is not completed by this time, the applicant will cease all
fill activity and have thirty (30) days to completely reclaim the
site according to the reclamation plan.
All plans and specification are to be prepared by an Engineer
registered by the State Department of Professional Regulation who
will be retained as supervising engineer through completion. The
engineer of record shall certify each phase as completed according
to approved plans and phasing conditions outlined herein. Engineer
will certify final reclamation and reforestation.
2. The property must 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 Site Review Committee.
3. No further expansion of the use or additions to this facility
shall be permitted except as approved by another Conditional Use
Permit.
4. All auplicable rules and regulations shall be met, including
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 must be met, and
approved by the City Engineer. These areas must be properly
maintained.
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CITYOF CLERMONT
RESOLUTION
RESOLUTION NO. 652
5. This permit shall expire eighteen (18) months from the date of
issuance of this Conditional Use Permit.
6. 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.
7. 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.
Section 2.
With regards to the Operation Plan as outlined in the attached
manual as submitted by the applicant the following amendments are
required:
1. The plan as submitted does not address off-site
stormwater. The applicant will be required to
incorporate into the stormwater calculations, all
offsite drainage entering the property.
2. The overflow mechanisms as outlined on the plan are
inadequate. They should be designed so that the
overflow water will not cause erosion.
3. The existing driveway located on Grand Highway was
built incorrectly. The applicant will be required
to construct a concrete apron from the street to the
property line. This will keep all stormwater from
Grand Highway from entering the property and provide
adequate ingress and egress for service vehicles.
4. The applicant will be required to construct and
maintain swales or other acceptable erosion
protection along the existing driveway which runs
between Jacks Lake north and south, in such a way
as to prevent erosion on the road. This has been
a problem in the past and will continue to be a
problem and worsen as this road is to be used for
ingress and egress by dump trucks and heavy
equipment. This work will be completed and
inspected prior to any fill activity.
5. 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.
6. 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.
7. The applicant shall submit a detailed erosion
control plan for the entire site during the site
plan review process.
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CITY OF CLERMONT
RESOLUTION
RESOLUTION NO. 652
8. Both temporary and permanent grassing including
fertilizer shall be done in accordance with an
approved plan designed by the U. 5. Department of
Agriculture Soil Conservation Service stationed in
Tavares.
9. A dust abatement plan will 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.
10. Noise levels shall not exceed those recommended by
F.D.E.R. Vibratory compaction shall be limited to
the hours of 9:00 A.M. to 5:00 P.M. Monday thru
Saturday only. Heavy equipment will be allowed to
operate on the site between the hours of 7:00 A.M.
and 7:00 P.M. Monday thru Saturday. Machinery
engines will not be started earlier than 7:00 A.M.
and 9:00 A.M. respectively. Vibrations must be
limited to avoid any damages to neighboring persons
or properties.
11. A 6' high sodded and maintained berm will be
required along Grand Highway from Quincy's property
line to existing driveway.
12. Ingress to the site shall be from Highway 50 east
of Quincy's Restaurant, egress shall be from
existing clay road. The Site Review Committee shall
review ingress and egress prior to permitting of
subsequent phases and if any problems, refer to the
City Council for amendment.
No ingress or egress of machinery or trucks shall
be allowed on Grand Highway.
13. A DOT permit will be required and filed with the
City for fill activity along Highway 50 right of
way prior to issuance of Development Permit by the
City.
Section 3.
With regards to the stormwater management plan, the following
amendments and/or clarifications to the plan are required:
1. Permeability tests must be submitted as part of the
site plan review process. Permeability shall be
maintained.
2. Verification of the run-off data and other
assumption & calculations must be provided.
3. A St. John's River Water Management District permit
will be required and filed with the City.
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CITYOF CLERMONT
RESOLUTION
RESOLUTION NO. 652
Section 4.
With regards to the reclamation of the site, the following
amendments and/or clarifications to the reclamation plan are
required:
1. Reclamation of the site will be phased in accordance
with a fill phasing plan. The project will be
phased in such a way that the applicant will not be
permitted to construct Phase III until Phase I has
been completed, reclaimed, inspected and approved
by City Engineer. A phasing schedule must be
submitted and approved by City Engineer prior to any
development approvals. Development permits will be
issued on a phase by phase basis in accordance with
an approved phasing plan.
The silt barrier shall be placed at the floodplain
elevation prior to any activity on site and shall
remain until final reclamation is complete and
accepted. The easterly retention area will then be
constructed and approved prior to any fill activity
for Phase I.
2. Stockpiles of topsoil and/or fill material must be
located in an area of the site approved by City
Engineer, which shall be at a minimum of 100' from
Grand Highway right of way. All stockpiled topsoil
and/or fill causing an erosion problem will be
covered, mulched or any similar technique used to
avoid erosion, migration of dust particles, etc..
No debris, refuse, or other construction related
articles shall be stored or left on site at any
time.
3. All WRA slopes, inside and outside, will be sodded.
The east WRA outside slope will be sodded to the 100
year floodplain elevation. The westerly WRA outside
slope will be sodded to an elevation equal to the
depth of the WRA. Westerly slopes shall be sodded
from the bottom of the WRA to an elevation equal to
the top of the berm.
4. All reforestation operations shall be completed
thirty (30) days prior to the expiration date of the
Conditional Use Permit. The reforestation plan will
consist of 20 trees per acre. Trees shall meet City
of Clermont Tree Ordinance specifications.
5. All revegetation and reclamation operation other
than reforestation shall be completed for Phase I
before any development permit is issued for the
Phase III, likewise Phase II must be completed
before permitting of Phase IV, etc.
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CITYOF CLERMONT
RESOLUTION
RESOLUTION NO. 652
6. All Conditional Use Permits abutting a residential
use shall provide a landscape buffer between the two
uses. In this case, along Grand Highway which shall
include one approved tree per 50' of frontage and
a landscape buffer with irrigation.
7. A reclamation Cash or Performance Bond amounting to
110$ of actual reclamation costs by phase; including
reforestation, shall be submitted to the City. Upon
completion of each phase, the bond will be rolled
over to the next succeeding phase of fill operation
and adjusted for cost difference. Three phases
shall be bonded at all times pursuant to operation
procedures outlined in Section 4, Conditions 1 and
5.
Site preparation costs as outlined in Section 4,
Condition 1, Paragraph 2, shall be bonded as
a part of Phase I.
An estimate of costs shall be prepared,
certified and submitted by the Engineer of
record and approved by the City Engineer. The
City will then determine the bond amount.
8. At the end of six (6) months after the completion
of each phase, at least 80$ of the reclaimed areas
shall have established ground cover, by the end of
one year of completion of each phase, ground cover
shall be established on 100 percent of the
reclaimed area. Should erosion problems occur
after final revegetation by phase, the applicant
will take whatever steps are necessary to correct
the problem.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
r~
LAKE COUNTY, FLORIDA THIS G.~' DAY OF 1990.
ROBERT A. POOL, Mayor
ATTEST:
V
E. VAN ILE, City Clerk
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