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R-97-951• • • CITY OF CLERMON7' RESOLUTION No. 951 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 MOTEL AND TWO ADDITIONAL COMMERCIAL USES, LOCATED IIv THE C-2 GENERAL COMMERCIAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held May 6, 1997 recommended approval of this Conditional Use Permit to allow the construction of a motel and two additional commercial uses, located in the C-2 General Commercial Business District at the following location: See Attached Exhibit "A" 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 a motel and two additional commercial uses, located in the C-2 General Commercial Business District be granted subject to the following conditions: 1. The conditions as set forth in this Conditional Use Penmit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. The property shall be developed 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 City Site Review Committee prior to authorization and issuance of a development permit. 3. The Permittee/ Developer shall eliminate X11 formal pending Code Enforcement violations pertinent to the site prior to receipt of a development permit from the City and initiation of foam of development activity on the site. Specifically, development of the site shall not occur until legal resolution of the Code Enforcement Violation has been performed. 4. 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, • • • CITY OF CLERMONT RESOLUTION No. 951 Page-2- and all yard setbacks. All required landscaping shall be served with a low volume permanent irrigation system including City approved and State mandated back-flow prevention device and rain sensor gauge. All landscape areas shall 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. These areas shall be properly maintained. 5. A St. John's River Water Management District stormwater permit shall be required and filed with the City prior to issuance of a development permit or any development activity. 6. 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 a combination of grass species appropriate for prevention of erosion according to standards acceptable to and approved by the City Site Review Committee. 7. Permeability tests must be submitted as part of the site plan review process. • 8. Verification of the stormwater run-off data and other assumption & calculations shall be provided and approved by the City Engineer prior to any development activity. Positive outfall for stormwater shall be provided as approved by the City Engineer. 9. 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. 10. All excavated material shall be stored in a location approved by the City Engineer. 11. Roadway improvement plans for Hook Street, the Frontage Road and U.S. 27, including but not limited to right-of--way dedication, access drives, acceVdecel lanes, turn lanes, traffic signalization devices, signage, traffic movement lanes and curb and gutter shall be submitted to and approved by the City Site Review Committee, Lake County and Florida Department of Transportation prior to commencement of any development activity. Total costs of the improvements will be borne by the applicant. All applicable Florida Department of Transportation and Lake County permits shall be required prior to commencement of any development activity. 12. The developer/perrnittee shall be responsible for the cost of all required on-site and off-site infrastructure improvements necessitated by impacts of the project. • • • • CITY OF CLERMONT RESOLUTION No. 951 Page - 3 - 13. All lots shall be provided ingess/egess from the interior roadway system. The actual number and location of driveways from the US 27 frontage road shall be as approved by the City Site Review Committee and the Florida Department of Transportation. 14. The permittee/developer shall install a sidewalk in accordance with City standards along Hook Street and along the US 27 frontage road as approved by the City Site Review Committee. All required sidewalks shall extend the length of the subject property. 15. The permittee/developer shall submit a landscape plan which will address required landscape provisions for the site, to include a berm incorporating a ten (10) foot wide opaque buffer adjacent to the west side of the property. All other required landscape shall be provided in compliance with City codes for buffering and screening. The required plan shall be submitted to and approved by the Site Review Committee prior to issuance of any development permit. 16. Ingess/egess to the site for construction shall be from the frontage road only. No ingress or egess of machinery or trucks shall be allowed directly from Hook Street. • 17. Noise levels during construction of the project shall not exceed those recommended by F.D.E.P. 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. Construction equipment preparation, noise or machinery engines will not commence earlier than 7:00 A.M. on any day. 18. In the event that overall site preparation is proposed to commence prior to actual structure construction for a specific phase or phases of the project, the permittee, heirs or assigns shall provide a complete reclamation plan for the land area being prepared. Reclamation shall be performed in conformance with the reclamation plan approved by the City Engineer, and in accordance with accepted best management practices (BMP) designated by publications of the U.S.D.A. Soil Conservation Service and St. Johns River Water Management District. The minimum reclamation plan shall address the following characteristics: A. Objective -The primary objective of the reclamation plan is to provide for a final project site which is conducive to future development, compatible with the surrounding topography and approximate pre-construction surface water drainage characteristics without subsequent erosion. The final grading of the project site shall conform to the grades, lines, slopes and contours shown on the approved reclamation site plan. B. Grading and stabilization -All areas disturbed during the land preparation • operation shall be graded, dressed and stabilized, in accordance with the approved • • • CITY OF CLERMONT RESOLUTION No. 951 Page-4- reclamation site plan and the U.S.D.A., S.C.S. recommendations. Topsoil from the site shall be stockpiled and applied as the final soil cover material for all reclaimed areas. The retention areas shall be regaded to the original dimensions and stabilized in accordance with plans approved by the City Engineer. C. Landscaping and reforestation - Within 30 days of notification by the City all areas of the subject site shall be seeded and mulched, or sodded, as required to control erosion and prevent the creation of washes, rills, gullies, etc. All site areas shall also be seeded with a quick growing Bass species which will provide an early cover during the season in which it is planted, and will not later compete with the permanent gassing. All City of Clermont landscape and tree requirements shall be complied with. All reforestation operations shall provide a minimum density of 20 hardwood trees per acre. Acceptable tree species shall be in compliance with the City of Clermont Land Development Regulations. Conversely, tree species • designated as undesirable by the City of Clermont Land Development Regulations shall not be acceptable. D. Reclamation time horizons - At the end of six months from the completion of the reclamation project, at least SO% of the reclaimed areas shall have permanently established ground cover. By the end of one year, Bound cover shall be established on 100% of the reclaimed areas. Should erosion problems occur prior to final approvals by the City of Clermont, such eroded areas shall be regaded and stabilized as necessary to comply with the intent of this reclamation requirement. E. Structure and debris eradication -All debris, refuse, junk, poles, piling, cables and other related articles shall be removed from the project area as part of the reclamation process. Any structures erected during the development operation shall be dismantled and removed, unless approvals from the appropriate jurisdictional entity permits otherwise. In general, the area shall be returned to natural conditions that are conducive to future development and compatible with the surrounding topography. 19. A site lighting plan shall be provided for review and approval of the City Site Review committee. Street lighting shall be required along all road frontages in accordance with adopted FDOT and City Codes. • • CITY OF CLERMONT RESOLUTION No. 951 Page - 5 - 20. All dumpster and other equipment sites shall be enclosed with masonry structures with wood gates, in accordance with requirements of the City of Clermont Land Development Regulations and plans approved by the City Site Review Committee. 21. All signage shall conform to adopted City Codes and Regulations. 22. Land uses developed on the two (2) end parcels shall be consistent with those described as commercial business including restaurants, personal service and professional office uses described under the C-2 Zoning District category. Land uses other than those described above and those defined as "conditional uses" under C-2 Zoning criteria shall warrant City Council review and approval on an individual parcel by parcel basis. 23. This permit shall become null and void if substantial construction work on the site has not begun within one (1) year from the date of formal grant by the City Council for this Conditional Use Permit. "Substantial construction work" means the commencement and continuous . prosecution of construction of required improvements ultimately finalized at co ~letion. 24. 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 27TH DAY OF MAY, 1997. ,/ ~ ROBERT A. P L, Mayor ATTEST: /' SEPH E. VAN E, ity Clerk