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R-99-1047• • • CITY OF CLERMONT RESOLUTION No.1047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A FIBER OPTICS REGENERATION STATION 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 January 19, 1999 recommended approval of this Conditional Use Permit to allow the construction of a fiber optics regeneration station 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 welfaze 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: This application for a Conditional Use Permit to allow the construction of a fiber optics regeneration station 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 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. 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, • • CITY OF CLERMONT RESOLUTION No. 1047 Page-2- • and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and City Code of Ordinances. 5. The property maybe 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. 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 imgation 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 be i 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. • • • CITY OF CLERMONT RESOLUTION No. 1047 Page - 3 - 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 pazking spaces as required by City Code. All said required pazking 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 pazk 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. Section 5 -Site Improvements/Landscaping • 21. All signage shall conform to adopted City Codes and Standards. i J CITY OF CLERMONT RESOLUTION No. 1047 Page-4- 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 imgation 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 CTTY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS ' DAY OF , 1999. q {h ~ b,~,~ary -~tr~-~ AROLD S. TURVII.,LE, JR., Mayor ATTEST: • EPH E. VA ZILE, Ci Clerk