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R-98-1027• • • C17Y OF CLERMONT RESOLUTION No. 1027 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO TRANSFER CERTAIN PORTIONS OF AN EXISTING LAKE COUNTY CONDITIONAL USE PERMIT TO THE CITY, AND TO MODIFY THE CUP TO ALLOW REMOVAL OF A BERM ALONG STATE ROAD 50 AND CONTINUE BORROW OPERATIONS SOUTH OF THE PROPOSED NEW BERM, LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held September 1, 1998 recommended approval of this Conditional Use Permit to transfer certain portions of an existing Lake County Conditional Use Permit to the City, and to modify the CUP to allow removal of a berm along State Road 50 and continue borrow operations south of the proposed new berm, located in the C-2 General Commercial District at the following location: LEGAL DESCRIPTION The West '/2 of Tract 19, all of Tracts 20 and 21, lying south of State Road 50; all of Tracts 28, 29 and 30, in Section 29, Township 22, Range 26. 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 transfer certain portions of an existing Lake County Conditional Use Permit to the City, and to modify the CUP to allow removal of a berm along State Road 50 and continue borrow operations south of the proposed new berm, located in the C-2 General Commercial District be granted subject to the following conditions: 1. This Conditional Use Permit shall be granted subject to all previous conditions for the project specified within Lake County Conditional Use Permit #86/8/3-3 with the exception of Condition 2,(C),1 of that permit. • • • c; CITY OF CLERMONT RESOLUTION No. 1027 Page - 2 - 2. Approval of this Conditional Use Permit shall be conditioned upon construction of replacement berms to be located as indicated on the project site plan provided with this application. Said berm and location criteria shall be reviewed and approved by the City Engineer prior to removal of the existing berm. 3. The permittee shall provide the City a 30 feet wide utility easement adjacent to SR 50. Said easement shall be provided the length of the subject property. 4. The permittee shall provide a formal authorization permit from the Florida Department of Transportation pertinent to SR 50 right-of--way alteration activities associated with the berm removal prior to any berm alteration activity on the site. 5. The permittee shall dedicate right-of--way for Hook Street for a total right-of--way width of eighty (80) feet. 6. The permittee shall provide a sealed engineers certification attesting the site does not contain asphalt fill material. 7. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 8. No expansion of the use, additions to the use, or amendments to the use shall be permitted except as approved by another Conditional Use Permit. 9. The property shall be altered in substantial accordance with an approved site plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development permit. 10. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 11. 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. 12. 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 • • • CITY OF CLERMONT RESOLUTION No. 1027 Page - 3 - 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. 13. 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. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 22'~ DAY OF SEPTEMBER, 1998. • ROBERT A. POOL, Mayor ATTEST: J~ J SEPH E. V E, City Clerk •