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R-98-1013• • U CITY OF CLERMONT RESOLUTION No. 1013 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 IN THE C-2 GENERAL COMMERCIAL BUSINESS DISTRICT AND A PETITION FOR A VARIANCE TO ALLOW THE STORAGE OF HORTICULTURAL MATERIALS IN CONJUNCTION WITH THE RETAIL SALES, LOCATED IN THE R-3 RESIDENTIAL/PROFESSIONAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held August 4, 1998 recommended approval of this Conditional Use Permit to allow the operation of a landscape materials business in the C-2 General Commercial Business District and a petition for a variance to allow the storage of horticultural materials in conjunction with the retail sales, in the R-3 ResidentiaUProfessional District at the following location: LEGAL DESCRIPTION • The north 572 feet of the south 667.59 feet of Tract 34, according to the Lake Highlands Company plat of Section 19, Township 22 South, Range 26 East as recorded in Plat Book 2, Page 38, Public Records of Lake County, Florida, lying west of the right-of--way of Highway 27, less and except the south 190 feet thereof; also the south 190 feet of the east 215 feet of Lot 2, Block O, City of Clermont, as recorded in Plat Book 3, Page 5, Public Records of Lake County, Florida. 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 in the C-2 General Commercial Business District and a petition for a variance to allow the storage of horticultural materials in conjunction with the retail sales, in the R-3 ResidentiaUProfessional District be granted subject to the following conditions: U CITY OF CLERMONT RESOLUTION No. 1013 Page-2- Section 1 -General Conditions r~ ~~ 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. 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, 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 Landscape Materials Business 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 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. A landscape buffer consisting of two (2) rows of trees shall be provided along U.S. Highway 27 the length of the subject property. • • • • CITY OF CLERMONT RESOLUTION No. 1013 Page - 3 - 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 ultimatelyfinalized 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 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. Any excavated material shall be stored in a location approved by the City Engineer. 13. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. 14. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all disturbed areas. Grassing shall be provided in accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service. 15. In areas where earth work requires filling/compaction, density tests will be conducted at a maximum of 2 foot intervals in order to prove compaction requirements. All disturbed soils shall be compacted to 95% density of modified proctor. 16. Any areas being modified to a slope of three (3) horizontal to one (1) vertical (3:1), such • as water retention areas, shall be sodded. Slopes greater than 3:1 shall be prohibited. :7 • CITY OF CLERMONT RESOLUTION No. 1013 Page-4- • 17. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 18. 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. Section 3 -Transportation Improvements 19. Within one (1) year from the date of Certificate of Occupancy, sidewalks shall be constructed along all roadways in conformance with City and Florida Department of Transportation (FDOT) Standards, the length of the subject property. Construction shall be provided in accordance with adopted City Codes. 20. The permittee/developer shall provide ofl=street parking and loading spaces as required by • City Code. All said required parking and vehicular use areas shall be landscaped in conformance with adopted City Code. 21. The permittee/developer shall construct internal traffic connection links that provide direct transportation access between the subject parcel and the adjacent parcels. The connection link may be a frontage road or shared access to US Highway 27, as approved by the City and the Florida Department of Transportation (FDOT). 22. Roadway improvement plans for US Highway 27 and the project site, including but not limited to, access drives, acceUdecel lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to and approved, appropriately, by the City Site Review Committee and the Florida Department of Transportation prior to commencement of any development activity for any portion of the project. Project specific on-site/off-site transportation improvements consistent with identified project impacts will be the sole responsibility of the developer. 23. A Florida Department of Transportation (FDOT) permit will be required and filed with the City for any activity proposed to occur along US Highway 27 right-of--way prior to issuance of development approval or permitting by the City. 24. The applicant shall be required to maintain swales and/or other acceptable erosion protection devices along US Highway 27, and/or other roadways (temporary or • permanent) which are utilized for constn,iction of the project and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. • • CITY OF CLERMONT RESOLUTION No. 1013 Page - 5 - Section 4 - Stormwater Management • 25. Permeability tests must be submitted as part of the site plan review process. Permeability shall be maintained. 26. 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. 27. 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. • 28. Stormwater retention areas shall be constructed at a maximum relief 3 :1 (H: V). The side slopes shall be sodded. All other areas being disturbed shall be stabilized with landscape and sod in accordance with adopted City Code. 29. Final disposition of stormwater outfall shall be as approved by the City Engineer. Section 5 -Site Improvements/Landscapin~ 30. All signage shall conform to adopted City Codes and Standards. 31. Buffering and screening shall be required from all abutting uses 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 must be served with a permanent irrigation system, backflow prevention device, and rain sensor gauge. The system and all dependant devices shall be properly maintained. 32. 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. 33. All dumpster and other 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. • • • CITY OF CLERMONT RESOLUTION No. 1013 Page-6- 34. Architectural finish, building, and landscape design plans for the business 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. 35. Containment devices/structures for landscape materials (mulch, bark, stone) shall be provided for review and approval by the City Site Review Committee prior to any development activity occurring on the site. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 25"' DAY OF AUGUST, 1998. • ~'G ROBERT A. POOL, Mayor ATTEST: i SEPH E. VAN ZI ,City Clerk •