R-03-1308•
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CITY OF CLERMONT
RESOLUTION
NO. 1308
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO CREATE A PLANNED UNIT DEVELOPMENT TO
ALLOW FOR THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT THAT WILL CONSIST OF
RESIDENTIAL, RETAIL, OFFICE, PERSONAL SERVICE AND RESTAURANT USES.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held March 4, 2003 approved this Conditional Use Permit to create a Planned Use
Development to allow for the construction of a mixed-use development that will consist of residential,
retail, office, personal service and restaurant uses at the following location:
LOCATION
See Exhibit "A" Attached
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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:
This application for a Conditional Use Permit to create a planned unit development to allow for the
construction of a mixed-use development that will consist of residential, retail, office, personal service and
restaurant uses; be granted subject to the following conditions:
CONDITIONS:
Section 1 -General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs,
assigns and successors in title or interest.
2. No further expansion of the use or additions to the facility shall be permitted except as approved
by another Conditional Use Permit.
3. The property shall be developed in substantial accordance with the conceptual site plan prepared
by Farner Barley and Associates, Inc. and dated February 24, 2003. Formal construction plans,
incorporating all conditions stated in this permit, shall be submitted for review and approved by the Site
Review Committee prior to the issuance of a zoning clearance or other development permits. The
conceptual site plans submitted with the CUP application are not the approved construction plans.
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 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.
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CITY OF CLERMONT
RESOLUTION
NO. 1308
Page-2-
5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been
met.
6. 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.
7. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90
days of its date of grant by the City Council or the permit shall become null and void.
8. This permit shall become null and void if substantial construction work has not begun within two
(2) years of the date of this Conditional Use Permit is executed and signed by the permittee. "Substantial
construction work" means the commencement and continuous prosecution of construction of required
improvements ultimately finalized at completion.
Section 2 -Land Use
1. The proposed development may consist of residential, retail, professional office, personal service,
• and restaurant uses.
Section 3 -Excavation and Grading/Operation Plans
1. Detailed grading, erosion control, and dust abatement plans for the entire site shall be submitted
to and approved by the Site Review Committee prior to construction plan approval and the initiation of
development activity. The dust abatement plan shall detail measures to be taken to eliminate the
migration of dust particles from the site.
2. The permittee/developers shall provide ground cover on all disturbed areas, where construction is
not immediately intended. Ground cover shall be provided in accordance with an approved ground cover
plan acceptable to the City in accordance with best management practices (BMP) of the U.S.D.A. Soil
Conservation Service.
3. All excavated material shall be stored in a location approved by the City Engineer.
4. Ingress and egress to the site for construction shall be determined by the City Engineer.
5. The property shall be graded in accordance with the grading plan prepared by Farner Barley and
Associates and dated March 31, 2003; this allows for a change in elevation of up to 20 feet over a portion
of the site as depicted on the grading plan.
Section 4 -Transportation Improvements
1. Sidewalks shall be required along all public road frontages.
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CITY OF CLERMONT
RESOLUTION
NO. 1308
Page-3-
2. A westbound left turn lane from Brogden Drive into the project shall be constructed prior to the
issuance of the first Certificate of Occupancy.
3. The permittee shall contribute a pro rata share of the cost of the future signal at U.S. 27 and
Steves Road, if the signal is not funded by County impact fees.
Section 5 -Utilities
1. Restaurants will be required to install grease traps at a size to be determined by the Public Works
Director.
2. Dumpsters shall not be located along the western property boundary adjacent to the Lakeview
Hills subdivision. Dumpster enclosures shall be covered.
Section 6 -Landscaping & Signage
• 1. An opaque landscape buffer shall be provided along the western boundary of the project to
screen the project from the homes in the Lakeview Hills subdivision. Existing trees and as much other
natural vegetation as possible shall be retained in this buffer.
2. All signs for the project shall be monument signs.
Section 7 -Architectural Design Standards
1. Architectural design shall be similar to and contain the major design elements as depicted on the
conceptual architecture plans as prepared by Timothy Gaus Architecture. Architectural plans for all
buildings must be submitted to and approved by the Site Review Committee prior to construction plan
approval. All structures shall be designed and constructed in accordance with the pending Architectural
Design Ordinance.
2. The architectural design of the future expansion of the Harley Davidson dealership shall be an
extension of the design of the existing structure. The intent is to limit the amount of metal surface visible
from public rights-of-way.
3. Parking lot lights shall be aimed straight down and be enclosed in a shroud so that light will not
project out in an upward or horizontal direction.
Section 8 -Variance(s)
The applicant is requesting walls 10 ft. in height rather than the 6 ft. allowed for by code.
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CITY OF CLERMONT
RESOLUTION
NO. 1308
Page-4-
2. To allow for 10 ft. of the required 20 ft, wide landscape buffer along U.S. 27 to be sloped and 10
ft. to be flat as opposed to the code which calls for the entire buffer to be level flat ground.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 8th DAY OF APRIL 2003.
Turvi e, ayor
Attest: ~'
seph Van Zile, Ci C rk
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• Jan-24-03 10:02/
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'-1 I UI: HHk~V- Y UHV IUSUI'I :i5; ~ ~_iy p. c
1~~'tS~AL ~ lON
South of ISroEdert llrtvc
• Tltat part of Tracts 56, 57 and 58, of the Plat of LAKE HIGHLANDS
COMPANY of Flutida, fled January l0, 1914 and recorded in flat Book 2;
page 25 of the Public Records of Lake Cuunty, Florida, lying Nest of llte
Westerly tight of way line of State Road No. 25 (U.S. Highway No. 27), and
South of the 5outhetly right of way line of Brogden Drive as shown in plat Book
24, pages 41 and 42 of said Public.lZecords and being a part of Section 29,
Township ~2 5oudtr~Range 2G East, Lake County, Florida.
ALSa -That part ~ Government Lot 4, Section 30, Township 22 South, Rage
26 East, lying South' of the Southerly right of way line of $rogden Drive and East
of the Easterly line yf Lots I, 16 and 17 of Lakeview Hills Phase [ as recorded in
Plat $ook 24, page§ 41 and 42 and East of the Easterly line of Lakeview Hills
Phase III as recorded iu Plat Book 27, pages 26 and 27 of the Public Records of
Lake County, Florida. ,
LESS AND EXCEPT: All that property described as Lakeview Hills, Phase 1,
according to the plat thereof as recorded in Plat Book 24, Pages 41 and 42,
Public Records of Lake County, Florida.
AND LESS:
LAKEVIEW HILLS, PHASE II, according to ttte plat thereof as recorded in Plat
Book 2~; Pages 26 and 27, Public Records of Lake County, Plotida and
• LAKEVIBW IIILL5, PHASE III, according to the Plat thereof as recorded in
Plat Book 27, pages 28 atxl 29 of the Public Records of Lake County, NloCida.
Being subject to arty easements or rights of way of record.
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