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R-97-943i • • C17Y OF CLF.RMOIV7' RESOLUTION No. 943 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 CONVENIENCE STORE/GAS STATION, 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 March 4, 1997 recommended approval of this Conditional Use Permit to allow the construction of a convenience store/gas station, located in the C-2 General Commercial District at the following location: GENERAL LOCATION Parcel generally located at the northwest corner of Grand Highway and State Road 50. LEGAL DESCRIPTION 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 convenience store/gas station, located in the C-2 General Commercial District be granted subject to the following conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. The property may be used as a convenience store/gasoline sales business only. No change of the use or additions to the use shall be permitted except as approved by another Conditional Use Permit. 3. The property shall be developed in substantial accordance with an approved site plan and grading/excavation 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. • • • CI7Y OF CLF.RMOIV7' RESOLUTION No. 943 Page - 2 - 4. All applicable rules and regulations 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 permanent irrigation system including City approved back-flow prevention device and rain sensor gauge. All landscape areas must be properly maintained. 5. The drainage and stormwater retention requirements of the City and the appropriate regulatory agencies shall be met, and approved by the City Engineer. Verification of the stormwater run-off data and other assumption and calculations must be provided and approved by the City Engineer prior to any development activity. These areas shall be properly maintained. 6. A St. John's River Water Management District stormwater permit shall be required and filed with the City prior to receipt of a building permit or any development activity. 7. The applicant shall submit a detailed excavation, grading and erosion control plan for the entire site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity. 8. Roadway improvement plans for State Road 50, Grand Highway, Lake View Drive and the commercial site, including but not limited to, access drives, accel/decel lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to and approved by the City Site Review Committee, FDOT and Lake County prior to commencement of any development activity. 9. Ingress/egress to the site from SR 50 and Grand Highway shall utilize right-in/ right-out movement scenarios only, and such locations shall construct defined lane separator devices as approved by the FDOT, Lake County and the City. 10. The permittee agrees to dedicate three (3) feet of right-of--way the length of the site adjacent to Grand Highway for conformance with adopted collector roadway standards. Said dedication shall be provided and recorded prior to any development activity on the site. 11. Sidewalks shall be required and constructed along all road frontages in accordance with adopted FDOT and City Codes. n ~J • • • CITY OF CLERMONT RESOLUTION No. 943 Page - 3 - 12. Applicable FDOT and Lake County construction permits will be required and filed with the City for any excavation/grading activity along S.R. 50 and Grand Highway rights-of--way rior to issuance of a Development Permit by the City. 13. The permittee/developer shall provide on-site and off-site utility improvements as necessary to address and satisfy the impacts of the project. Plans and specifications shall be provided to and approved by the City Site Review Committee prior to the issuance of any development permit by the City. 14. The permittee/developer shall provide a turn lane on Grand Highway to accommodate west bound traffic access to S.R. 50 and the subject site. The required turn lane shall be constructed at such a length so as to permit direct egress from the driveway of the proposed project to the west bound turn lane. East bound turning movements to SR 50 shall be prohibited from the SR 50 driveway. 15. The permittee/developer shall provide turn lane and drainage improvements to the • US 27 on-ramp as required by the FDOT and the City. 16. Noise levels during construction of the project shall not exceed those recommended by F.D.E.R. 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 maintenance operations and/or heavy machinery engines will not be started earlier than 7:00 A.M. on any day. 17. Ingress/egress to the site for construction shall be from Grand Highway or Lake View Drive as approved by the City Engineer. No ingress or egress of machinery or trucks shall be allowed on S.R. 50. 18. 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 prior to issuance of any development permit by the City. Landscape buffering along the north property line shall be doubled (i.e. number of shrubs and trees). The stormwater retention area shall be located on the north property line, so as to allow additional buffering between the commercial and residential uses. 19. All dumpster and other equipment sites shall be enclosed with masonry structures • and landscaped in accordance with plans approved by the City Site Review Committee. Said dumpster shall be located near the building, away from residential uses. • C • CITY OF CLERMONT RESOLUTION No. 943 Page - 4 - 20. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site and does not adversely impact abutting properties or traffic on SR 50 and Grand Highway. 21. Architectural finish and design plans for the commercial building, especially the rear of the building, shall be submitted to and approved by the Site Review Committee to ensure aesthetic and public safety considerations are not adversely impacted. 22. All signage shall conform to adopted City Codes and Regulations. 23. If, at a future date, parking at this site proves inadequate the applicant understands and agrees that the City may require additional parking or rescind this Conditional Use Permit. 24. The permit shall expire if construction has not begun within one year from the date of grant of this Conditional Use Permit. • 25. 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 25TH DAY OF MARCH, 1997. c~ ROBERT A. POOL, Mayor • ATTEST: EP E. V IL ,City Clerk • • • Exhibit "A" DESCRIPTION A PARCEL OF LAND LYING NORTHERLY OF THS NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 AND WEST OF THE WEST RIGHT-OF-WAY LINE OF GRAND HIGHWAY IN SECTION 30, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGIN AT A POINT 5.00 FEET EAST OF THE SOUTHWEST CORNER OF LOT 36 AS SHOWN ON THE PLAT OF LAKEVIEW HEIGHTS SUBDIVISION, SECTION ONE, AS RECORDED IN PLAT BOOK 12, PAGE 83,.OF THE PUBLIC RECORDS OF LAKS COUNTY, SAID POINT BEING ON THS SOUTH .LINE OF SAID LOT 36; THENCE NORTH 8832 ~ 17" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 126.00 FEET TO THE SOUTHEAST CORNER .OF SAID LOT 36; THENCE SOUTH 1~27~43" EAST ALONG THE WEST LINE OF LOT 1 OF SAID I.AKEVIEW HEIGHTS SUBDIVISION, A DISTANCE OF 66.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 88~32~17" EAST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 131.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT l; THENCE SOUTH 127'43" EAST, ALONG THS WEST RIGHT-OF-WAY LINE OF GRAND HIGHWAY, A DISTANCE OF 149.04 FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50, SAID POINT OF INTERSECTION BEING ON THE ARC OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 8519.37 FEET AND A CHORD SEARING OF NORTH 83~04~52" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF • 005647", AN ARC DISTANCE OF 140.73 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE CONTINUE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 75~02~20" WEST, A DISTANCE OF 122.79 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, RUN PARALLEL WITH AND 5.00 FEET EAST OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF AFORESAID LOT 36, A DISTANCE OF 159.81 FEET TO THE POINT OF BEGINNING. LESS THE EASTERLY 7.00 FEET THEREOF. AND, LOT 36 OF AFORESAID LAKEVIEW HEIGHTS SUBDIVISION, SECTZON ONE, LESS THE WESTERLY 5.00 FEET, THEREOF. CONTAINING 47,783 SQUARE FEET, BEING 1.10 ACRES, MORE OR LESS. •