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R-00-1117 • • ci~y o~ cL~~~to~7 RESOLUTION NO. 1117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A LANDSCAPE MATERIALS BUSINESS. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held March 7, 2000 recommended approval of this Conditional Use Permit to allow the operation of a landscape materials business, located in the G2 Commercial District, at the following location: GENERAL LOCATION The west side of U.S. Highway 27, north of Montrose Street and Ambassador Cleaners. 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 operation of a landscape materials business, located in the C-2 Commercial District be granted subject to the following 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. The property shall be developed in substantial accordance with the attached conceptual site plan. 4. Prior to issuance of any development permits and the commencement of construction, the applicant shall submit site and construction plans for review and approval by the Site Review Committee. These plans shall incorporate all conditions of this Conditional Use Permit. 5. 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. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. • r • • • CI7~O~ CL~RMOT(7 RESOLUTION NO. 1117 Page 2 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. 8. 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. 9. This permit shall become null and void if substantial construction work has not begun within one (1) year of the date this Conditional Use Permit is executed and signed by the permittee. "Substantial construction work" means the commencement and continuou~rosecution of construction of required improvements ultimatelX finalized at completion. Section 2 -Land Use 1. The property maybe used as a landscape materials business only, Any change of the use or addition to the approved use shall require another Conditional Use Permit. Section 3 - Physical Site Development 1. A dust abatement and soil erosion plan shall be submitted to the City detailing measures to be taken to eliminate the migration of dust particles and soil erosion. All disturbed areas that are not developed within 30 days after grading shall be seeded and mulched or sodded. Section 4 -Transportation Improvements 1. Access to the site from U.S. 27 shall be right-in, right-out only and a decel lane into the project shall be constructed within one year from the date of execution of this Conditional Use Permit. Right in, right out access shall be contingent upon Florida D.O.T. agreeing to place "No U Turn" signs at the median cut adjacent to Montrose Street and at the first full median cut north of the subject property. All roadway improvements shall be submitted to and approved by the Site Review Committee and the Florida Department of Transportation prior to the commencement of any development activity. 2. A sidewalk shall be constructed along U.S. 27 at the time that the sidewalk is constructed along the property to the south. Section 5 -Site Improvements/Landscapine 1. Along the U.S. 27 frontage, one tree per 50 ft. of frontage and a continuous hedge along the outside perimeter of the fence shall be provided. All other landscaping shall be provided and maintained per code and served by a permanent irrigation system with backflow valve and rain sensor guage. 2. A site lighting plan shall be submitted and approved for the parcel. Lighting shall be designed, installed, and directed to fall upon the subject site and not adversely impact abutting properties or highway traffic. • • cr~yo~ cL~~,~toa~~ RESOLUTION NO. 1117 Page 3 • 3. All dumpster and other external equipment sites shall be enclosed with masonry structure with wooden gates. All such structures and appurtenances shall be landscaped in accordance with City code and plans approved by the site review committee. 4. Architectural finish, building, and landscape design plans shall be submitted to and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are not adversely impacted. 5. Containment devices/structures for landscape materials (mulch, bark, stone) excluding living materials shall be no higher than 6' and shall be constructed of masonry materials or as approved by the Site Review Committee prior to any development activity occurring on the site. 6. Stored landscape material shall not exceed 6' in height. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, • LAKE COUNTY, FLORIDA THIS 28th DAY OF MARCH, 2000. ._ ~ '~ ~~ Harold S. Turville, Jr., Mayor Attest: ~ J~ J ph E. VV an Zile, Ci C k •