R-99-1052• •
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CITY OF CLERMONT
RESOLUTION
No. 1052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF AN UNMANNED EQUIPMENT BUILDING (FIBER OPTIC) FOR
TIME WARNER COMMUNICATIONS LOCATED IN THE C-1 LIGHT COMMERCIAL
DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held February 2, 1999 recommended approval of this Conditional Use Permit to
allow the construction of an unmanned equipment building (fiber optic) for Time Warner
Communications located in the C-1 Light Commercial District at the following location:
LEGAL DESCRIPTION
Lots 1, 2, 3 and 7, Block 73
• 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 construction of an unmanned
equipment building (fiber optic) for Time Warner Communications located in the C-1 Light
Commercial 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 the 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 CLERMON7'
RESOLUTION
No. 1052
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4. No person, firm, corporation or entity shall erect, construct, enlazge, 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 switching facility (building) only. No change of the
use or additions to the use or facility shall be permitted except as approved by another Conditional Use
Permit. No antennas or satellite dishes shall be permitted.
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.
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, and sign regulations, and all yazd
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 any 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
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CITY OF CLERMONT
RESOLUTION
No. 1052
Page - 3 -
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 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
work day.
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 as approved by the City Engineer.
• 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 switching facility (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 Lake Avenue and Broome Street 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 a minimum of two (2) off-street parking spaces for the
unmanned facility. All 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 provided as approved by the City Engineer.
20. A St. John's River Water Management District stormwater permit 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. 1052
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Section 5 -Site Improvements/Landscaping
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21. All signage shall conform to adopted City Codes and Standards.
22. In accordance with information provide on the conceptual site plan a minimum five feet (5')
wide landscape buffer shall be provided adjacent to all streets and abutting properties. Buffering shall
also be required around the exterior areas of the fiber optics building as indicated on the conceptual site
plan. Said buffer is to consist of tree and shrub materials which after two (2) years from planting shall
provide an opaque screen to all adjacent properties. Buffering and screening from all abutting uses,
shall be required in accordance with the approved site and landscaping plan approved by the City Site
Review Committee. All required landscaping shall be served with a permanent (low volume) 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, Lake
Avenue or Broome Street traffic.
24. All external equipment sites shall be enclosed with masonry structures. 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 23~ DAY OF FEBRUARY, 1999.
HAROLD S. TURVILL , JR., Mayor
ATTEST:
JOSE H E. VAN E, C~ Clerk