R-99-1077Y ~
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CITY OF CLERMONT
RESOLUTION
NO. 1077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND
RESOLUTION NO. 1047 TO ALLOW THE EXPANSION OF A FIBER OPTICS
REGENERATION STATION, LOCATED IN THE M-1 LIGHT INDUSTRIAL
DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held July 6, 1999 recommended approval of this Conditional Use
Permit to amend Resolution No. 1047 to allow the expansion of a fiber optics regeneration
station, located in the M-1 Light Industrial District at the following location:
LEGAL DESCRIPTION
Lot 19, Clermont Commons Subdivision
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 amend Resolution No. 1047 to allow the
expansion of a fiber optics regeneration station, located in the M-1 Light Industrial District be
granted subject to the following conditions:
Section 1 -General Conditions
1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the
land and the terms, conditions, and provisions hereof, and shall be binding upon the present
owner/permittee and any successor in title or interest, and shall be subject to each and every
condition herein set out.
2. Upon approval of this resolution the aforementioned property shall only be used for the
purposes described herein. Any other proposed use shall be specifically authorized by amendment
and approval of the City of Clermont City Council.
• 3. Construction and operation of the proposed use shall at all times comply with the regulations
of this and other governmental agencies.
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CITY OF CLERMONT
RESOLUTION
NO. 1077
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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 Property without first submitting necessary plans, obtaining necessary approvals,
and obtaining necessary permits in accordance with the City of Clermont Land Development
Regulations and City Code of Ordinances.
5. The property may be used as a fiber optic regeneration station only. No change of the use
or additions to the use shall be permitted except as approved by another Conditional Use Permit.
6. Prior to the issuance of any permits, the applicant shall be required to submit formal site
plans for review and approval by the City of Clermont Site Review Committee. The site plans shall
meet all submittal requirements and comply with the conditions of this Resolution, applicable City
Codes, Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan,
as amended.
i 7. All applicable rules and regulations for development within the City 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 low volume, permanent irrigation
system that 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.
8. 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.
9. This permit shall become null and void if substantial construction work has not begun within
one (1) year of the date of issuance of this Conditional Use Permit. "Substantial construction work"
means the commencement and continuous prosecution of construction of required improvements
ultimately finalized at completion.
Section 2 -Physical Site Development
10. The applicant shall submit a detailed excavation, grading and erosion control plan for the site
during the site plan review process which must be approved by the City Site Review Committee prior
to initiation of development activity.
11. Noise levels during construction shall not exceed those recommended by the Florida
Department of Environmental Protection. Any vibratory compaction shall be limited to the hours of
• 8:00 A.M. to 6:00 P.M. Monday through Saturday only. Vibrations shall be limited to avoid any
damages to neighboring persons or properties. Heavy Equipment and normal work operations will
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CITY OF CLERMONT
RESOLUTION
NO. 1077
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be allowed on the site between the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday.
Heavy Equipment or heavy machinery engines will not be started earlier than 7:00 A.M. on any
approved workday.
12. The permittee/developers shall provide sod, including fertilizer application, on all disturbed
areas. Grassing and fertilization shall be provided in accordance with best management practices
(BMP) of the U.S.D.A. Soil Conservation Service.
13. Ingress/egress to the site for construction shall be from Commons Court only.
14. The developer/permittee shall be responsible for the cost of all required on-site and off-site
infrastructure improvements necessitated by impacts of the project.
15. The fiber optics building shall be constructed in strict conformance with SBCCI Standards.
• Section 3 -Transportation Improvements
16. A five feet (5~ wide sidewalk shall be constructed along Commons Court in conformance
with City Standards. Construction shall be provided the length of the subject property, and in
accordance with adopted City Codes.
17. The permittee/developer shall provide five (5) off-street parking spaces as required by City
Code. All said required parking and vehicular use areas shall be paved and landscaped in
conformance with adopted City Code.
Section 4 - Stormwater Management
18. Permeability tests must be submitted as part of the site plan review process.
19. Verification of the stormwater run-off data, assumptions and calculations shall be provided
to, and approved by, the City Engineer prior to any development activity. Positive outfall for
stormwater shall be to the industrial park common water retention area, and provided as approved by
the City Engineer.
20. A St. John's River Water Management District stormwater permit or letter of exemption shall
be required and filed with the City prior to receipt of a development permit or any development
activity on the site.
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CITY OF CLERMONT
RESOLUTION
NO. 1077
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Section S -Site Imnrovements/Landscapin~
21. All signage shall conform to adopted City Codes and Standards.
22. A minimum five feet (5~ wide landscape buffer shall be provided adjacent to all exterior
areas of the chain link fence that surrounds the fiber optics regeneration building. Said buffer is to
consist of shrub planting materials which after two (2) years from planting shall provide an opaque
screen to adjacent residential properties. The existing twenty-five (25) feet landscape buffer located
adjacent to South Avenue shall be maintained in good condition. Buffering and screening along
property lines, from all other abutting uses, shall be required in accordance with adopted City Codes
and in conformance with the approved site and landscaping plan approved by the City Site Review
Committee. All required landscaping shall be served with a permanent irrigation system, backflow
prevention device, and rain sensor gauge. The system and all dependant devices shall be properly
maintained.
• 23. 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, South Avenue or Commons Court traffic.
24. All external equipment sites shall be enclosed with masonry structures with wooden gates.
All such structures and appurtenances shall be landscaped in accordance with City code and plans
approved by the City Site Review Committee.
25. Architectural finish, building, and landscape design plans for the facility shall be submitted to
and approved by the Site Review Committee prior to any development activity on the site.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 27"' DAY OF JULY, 1999.
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Harold S. Turville, Jr., Mayor
Attest:
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J ph E. Van Zile ity Clerk