R-2010-02CITY OF CLERMONT
RESOLUTION N0.2010-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO A CONDITIONAL USE PERMIT FOR A
PLANNED UNIT DEVELOPMENT TO ALLOW C-2 GENERAL
COMMERCIAL USES WITHIN THE DEVELOPMENT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held December 1, 2009 recommended for approval of this
amendment to a Conditional Use Permit for a Planned Unit Development to allow C-2
General Commercial uses within the development; at the following location:
LOCATION:
Clermont Crossings at Lost Lake
(Southeast corner of US Highway 27 and Steve's Road)
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 an amendment to a Conditional Use Permit for a Planned Unit
Development to allow C-2 General Commercial uses within the development; be granted
subject to the following conditions:
CONDITIONS:
Section 1-General Conditions
The conditions as set forth in this Conditional Use Permit shall be legally binding upon
any heirs, assigns and successors in title or interest.
1. The property shall be developed in substantial accordance with the conceptual
Conditional Use Plan site plan dated February 1, 2007 as prepared by KCG, Inc.
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
Conditional Use Plan site plans submitted with the Conditional Use Permit
application are not the approved construction plans.
2. 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 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 N0.2010-02
3. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
4. 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.
5. The Conditional Use Permit must be executed and processed through 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.
6. 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.
7. The convenience store portion of the gas station & convenience store shall be closed
from 12:00 midnight to 6:OOam.
8. The gas station shall have an attendant at all times, including dawn to dusk.
9. The gas station owner shall abide by any future vapor recovery system ordinance if
enacted prior to building permit application.
10. An emergency generator shall be installed to allow continuous operation of the gas
station in the event of any power shortages.
11. A security guard shall be on the premises for the anchor building (BJ's).
12. Surveillance cameras shall be installed and operational for the parking lot of the
anchor store (BJ's).
13. The development shall be constructed in substantial compliance with the architectural
elevations as presented by the applicant and owner and attached as Exhibit "A".
14. All repairs must be done within an enclosed building.
15. No outside storage of any vehicles shall not be allowed on site, except for vehicles
awaiting immediate repair. No overnight outdoor storage shall be allowed at all.
16. In the event that the noise levels create a nuisance to the surrounding property owners
or tenants, the City reserves the right to require sound attenuated measures be in
place, and may bring the Conditional Use Permit back before the City Council for
additional review and conditions.
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RESOLUTION N0.2010-02
Section 2 -Land Use
1. This permit is for a mixed merchant center including an anchor building and six
additional retail buildings not to exceed 182,954 square feet, a gas station, and six
outparcel sites fronting U.S. Highway 27. The total square feet not to exceed
400,000 square feet. CLERMONT CROSSING AT LOST LAKE - will include
those uses as permitted in the C-2 General Commercial Zoning District; retail
merchants, personal services, professional offices, and restaurants consistent with the
conceptual Conditional Use Plan site plan dated, February 1, 2007 as prepared by
KCG, Inc.
2. No business can occupy any portion of the building(s) after construction and final
Certificate of Occupancy, unless the proposed business has applied for and obtained a
Local Business Tax Receipt from the Planning and Zoning Department.
3. The development and uses shall be consistent with the regulations in the C-2 General
Commercial District, or those uses contained within this Conditional Use Permit.
4. Go Dark Requirements:
(a) Any and all future leases by Owner, its assigns or transferees shall provide
that in the event any tenant of any of the premises contemplated herein
ceases to conduct business for a period of six (6) months the lease shall be
automatically terminated without cause. For purposes of this section
conducting business shall be defined as the tenant's failure to maintain
wholesale or retail operation for members of the general public and shall not
include the following events:
(i) The failure of landlord to commence or complete construction of the
premises;
(ii) Alteration, repair, or restoration of the premises;
(iii) Interruption of utilities;
(iv) Fire or other casualty;
(v) Default by landlord;
(vi) Eminent domain;
(vii) Force of nature.
(b) Owner on its behalf and that of its assigns and transferees expressly agrees
that it will enforce the lease provision set forth above as an express condition
of this Conditional Use Permit.
Section 3 -Physical Site Development
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.
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RESOLUTION N0.2010-02
2. All excavated material shall be stored in a location approved by the City Engineer.
3. Geo-technical information regarding the soil characteristics of the site shall be
submitted to the City as part of the Site Review process.
4. The permittee/developers shall provide both temporary and permanent grassing
including fertilizer application on all disturbed areas where construction is not
immediately intended. Said plan shall be provided in accordance with an approved
ground cover plan acceptable to the City in accordance with Best Management
Practices (BMP) of the United States Department of Agriculture Soil Conservation
Service.
Section 4 -Transportation Improvements
1. The Developer shall coordinate with the Lake County Public Works Department on all
transportation improvements as to negate duplication of design and construction.
2. Sidewalks shall be required along all public road frontages, including U.S. Highway
27, in accordance with Florida Department of Transportation regulations and City
Codes. Sidewalks along U.S. Highway 27 may be delayed, with approval by City
staff, due to the widening of the road.
3. The City may require that transportation improvements, necessitate by the portion of
the project for which a building permit is sought, be made at the time of construction.
Project specific on and off-site transportation designs are the sole responsibility of the
developer.
4. Cross access shall be provided between outparcels 1, 2 and 3, and between outparcels
4, 5, and 6.
5. Steve's Road shall be constructed from U. S. Highway 27 east to Citrus Tower
Boulevard before any Certificates of Occupancy are issued.
6. Roadway improvement plans for Steve's Road, U. S. Highway 27, additional public
streets, and the project site, including but not limited to; access drives, acceleration
and deceleration 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, the Florida Department of Transportation and Lake
County prior to commencement of any development activity for any portion of the
project.
7. At such time as signalization is determined warranted and necessary at the intersection
of U. S. Highway 27 and Steve's Road the permittee/developer shall be responsible
for the installation of the traffic light. Project specific on-site/off-site transportation
improvements consistent with identified project impacts will be the sole responsibility
of the Developer.
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RESOLUTION N0.2010-02
8. Access along U. S. Highway 27 shall be limited to one right-in/right-out located at the
center of the site between out parcels 3 and 4; and one directional median cut at the
south end of the site next to out parcel 6. South bound movements from the site onto
U. S. Highway 27 shall be prohibited from this location.
9. Median cuts along Steve's Road shall be limited to one right-in/right-out driveway
adjacent to outparcel 1, and one full median cut located approximately eight hundred
(800) feet from U. S. Highway 27.
10. The north/south reverse frontage road shall be dedicated and constructed prior to any
Certificate of Occupancy being issued to the development.
Section 5 -Utilities and Stormwater
1. The permittee shall be responsible for purchasing, installing, and maintaining fire
hydrants within the project. They shall be installed according to City code.
2. Restaurants will be required to install grease traps at a size to be determined by an
engineer and approved by the Utility Director.
3. The project shall be plumbed for reuse water with purple piping. Until such time as
reuse water is available, irrigation water shall be provided for by well.
Section 6 -Landscaping
The landscape design for all parking areas, buffers, rights-of--way, pedestrian ways
and focal points shall be unified and complementary to the ambiance of the center.
2. All landscape plans and plantings shall meet or exceed the City of Clermont Code.
Section 7 -Architectural Design Standards
All structures shall be designed and constructed in accordance with the following design
standards:
Facades and Exterior Walls:
1. Ground floor facades that face public streets shall have arcades, display windows,
entry areas, awnings or other such features along no less than sixty (60) percent of
their horizontal length.
2. Facades greater than one hundred (100) feet in length, measured horizontally,
shall incorporate wall plane projections or recesses having a depth of at least three
(3) feet. No uninterrupted length of any facade shall exceed one hundred (100)
horizontal feet.
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RESOLUTION N0.2010-02
3. The loading areas shall be properly screened from public view. Proper screening
shall include but not be limited to provision of a minimum ten (10) foot wide
landscape buffer along the rear or a four (4) foot landscape area and brick wall.
All storage of pallets, cardboard boxes; etc. shall be within screened enclosures.
Roofs:
1. Parapet walls or other design features shall be used to conceal flat roofs and
rooftop equipment such as HVAC units from public view from all sides of the
building. Parapet walls or other design features shall be constructed at a height of
at least one (1) inch above the tallest roof top unit. A metal or other enclosure for
roof top equipment does not constitute screening from public view. The average
height of such parapets shall not exceed fifteen (15) percent of the height of the
supporting wall and such parapets shall not at any point exceed one-third (1/3) of
the height of the supporting wall.
2. No uninterrupted length of any roofline or parapet wall shall exceed one hundred
(100) horizontal feet.
Materials and colors:
1. The predominant exterior finish shall be of high quality materials, including, but
not limited to, brick, stone, stucco and textured concrete masonry units. The
finished surface of the exterior walls shall not include smooth-faced concrete
block, tilt-up concrete panels or prefabricated steel panels.
2. Facade colors shall be low reflective, subtle, neutral or earth tone colors. The use
of high-intensity colors, metallic colors, black or fluorescent colors shall be
prohibited.
3. Building trim and accent areas shall be limited to one primary color. The use of a
primary color in the building trim is limited to a one (1) foot wide band around
the building. Neon tubing shall not be an acceptable feature for building trim or
accent areas.
Entryways:
(a) Each establishment greater than 5,000 square feet in size shall have a clearly
defined customer entrance featuring no less than three (3) of the following:
1. Canopies or porticos;
2. Overhangs;
3. Recesses/projections;
4. Arcades;
5. Peaked roof forms;
6. Arches;
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RESOLUTION N0.2010-02
7. Architectural details such as the work and moldings which are integrated into
the building structure and design;
8. Integral planters or wing walls that incorporate landscaped areas and areas for
sitting.
Signage:
1. All signs for the project shall be monument signs or wall signs.
2. Flag poles shall have maximum height of thirty (30) feet above grade.
Lighting:
1. Light fixtures; types. All light fixtures, including security lighting, shall be cutoff
fixtures, and shall be incorporated as an integral design element that complements
the design of the building or project through style, material or color. Luminaires
shall not be tilted. Lighting of or on buildings shall be limited to wall-washer
type fixtures or up-lights, which do not produce spill light or glare. Sag lenses,
convex lenses, and drop lenses shall be prohibited. Lighting at a building or
project shall not be comprised in whole or part by floodlights.
2. Height. The height of an outdoor lighting fixture (inclusive of the pole and light
source/luminaire) shall be a maximum of thirty (30) feet within a parking lot, and
a maximum of fifteen (15) feet within anon-vehicular pedestrian area. Height
shall be measured from the finished grade to the top of the light fixture.
Pedestrian walkways and bikeways. In pedestrian walkways or bikeways the light
fixture/luminaire shall be decorative in appearance, style and finish.
Section 8 -Site Improvements
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure.
2. Storage of inventory in trailers or other storage systems shall be prohibited.
3. Shopping cart returns shall be provided within the retail structures.
4. Cart corrals or returns may be provided for in the parking lot. No advertising
shall be allowed on the cart corrals.
Outdoor display:
1. Outdoor display of merchandise is prohibited.
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RESOLUTION N0.2010-02
Fencing:
1. All fencing within public view shall be ornamental metal or brick, and shall be
finished.
DONE AND RESOLVED BY the City Council of the City of Clermont, Lake County,
Florida, this 12~h day of January, 2010.
~- .
Harol S. urville, Jr., Mayo
ATTES
Tracy Ackr d, ity Cler
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