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R-02-1239• ~ • CITY OF CLERMONT RESOLUTION NO. 1239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1235 TO REVISE CONDITION #5, SECTION #2 WHICH ADDRESSES THE "GO DARK" LANGUAGE FOR THE HOME DEPOT STORE. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held February 5, 2002 recommended approval of this Conditional Use Permit to amend Resolution No. 1235 to revise Condition #5, Section #2 which addresses the "Go Dark" language for the Home Depot store; at the following location: Legal Description Clermont Town Center, 1700 block of E. State Road 50 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 amend Resolution No. 1235 to revise Condition #5, Section #2 which addresses the "Go Dark" language for the Home Depot store; be granted subject to the following conditions: CONDITIONS: Section 1 -General Conditions The property shall be developed in substantial accordance with the conceptual site plan as prepared by Pecht, Evans, Engineering, Inc. and dated November 19, 2001. 2. 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 and any successor in title or interest, and shall be subject to each and every condition herein set out. 3. Upon approval of this resolution the aforementioned property shall only be used for the purposes described herein. No further expansion of the use or additions to this project shall be permitted except as approved by another Conditional Use Permit. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. 4. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 5. 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 • • • CITY OF CLERMONT RESOLUTION N O. 1239 Page - 2 - approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 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. The property shall be developed in substantial accordance with an approved site plan and Operation/Reclamation 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. 8. 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 shall be served with a permanent irrigation system including back flow prevention device and rain sensor equipment. All such appurtenances 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. All such areas shall be properly maintained. 9. Performance bonding shall be required for all public infrastructure (transportation, potable water, and waste water systems) and reclamation improvements, including on-site and off-site locations, evidencing impact by the proposed development. An estimate of costs shall be prepared, certified and submitted by the Engineer of record and approved by the City Engineer. The City shall then determine the bond amount in accordance with adopted City Code regulations. 10. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. 11. 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. 12. This permit shall become null and void if substantial work has not begun within two (2) years of the date of issuance of this Conditional Use Permit. Section 2 -Land Use The Conditional Use Permit for the Shopping Center shall mean and include the total of the following land uses: • 2 • CITY OF CLERMONT RESOLUTION NO. 1239 Page-3- Square Footage and Type of Development The proposed development may contain up to a total of 237,111 square feet of commercial development on 30 acres of land with up to a maximum of five (5) out parcels. Ultimate, physical development will be dependant upon actual tenant construction scenarios, contingent upon compliance with development criteria specified within the adopted City Land Development Regulations. Specifically, out parcel development shall not exceed the five (5) sites as indicated on the Conceptual Site Plan provided for preliminary project approval. The established uses shall be compatible with those uses indicated within the C-2 Zoning Category of the City of Clermont Land Development Regulations. The list of allowable uses shall include those following: Automobile and Home Supply Stores Banks Barbers/Beauty Shops Book and Stationary Shops** Business and Personal Services** Child Care Facilities**** • Clothing and Shoe Stores Department and Home Improvement Stores Drug Stores Eating and Drinking Establishments** Fabric Stores Florist Hardware Stores Health and Fitness Centers Jewelry Stores Laundry and Dry Cleaning Establishments Liquor Stores Medical/Dental Offices/Professional Offices Movie TheaterNideo Establishments** Office Supplies Pet Shops Public Facilities and Services Retail Music Store Retail Nurseries and Garden Stores Shoe Repair Sporting Goods Stores Supermarkets/Other Retail Food Stores (e.g., bakery, butcher, seafood market) Toy and Games Shops Travel Agents Veterinary*** • 3 • • • CITY OF CLERMONT RESOLUTION NO. 1239 Page-4- Notes: Excludes Automobile Repair Garages. '* Excludes "Adult" oriented forms of business or service. *** Excludes Kennels or Boarding except as approved by a Conditional Use Permit. ~'"" Requires Approval of a Conditional Use Permit. Building Setbacks and Building Height All buildings shall maintain a 50' setback from State rights-of-way, 25' setback from City and County rights-of-way, and 25' setback from adjacent properties. The maximum building height shall be 35 feet for habitable space and 45 feet overall. 3. Parking Parking shall be provided as required by the City of Clermont Land Development Regulations for each individual land use, as the project is developed. • 4. Out Parcel Only one structure may be built on each out parcel. One of the out parcels may have a restaurant with a drive through window. 5. In the event Home Depot, without cause, ceases store operations for a continuous 12 month period and fails to recommence operations within 60 days after the owner of the Phase I site gives Home Depot notice of default, the then owner of the Phase I site shall have an option to purchase the Phase II property for the greater of book value or fair market value, with contractual terms commensurate with standard Florida commercial real estate transactions, which option shall commence 60 days after the date of the notice of default and shall terminate nine months later. "Cause" shall include the cessation of operations due to alteration, repair, or restoration of the building, fire or other casualty, eminent domain, or force majeure. "Fair market value" shall be determined by an independent appraisal, commissioned and paid for jointly by the parties. In addition, any future leases for phase I shall not "go dark" as specified in the following language unless precluded by existing leases. (a) Without Cause. In the event Tenant ceases to conduct business from the Premises for any reason other than those set forth in Paragraph (b) entitled "With Cause", for a period of six (6) consecutive months, the landlord shall terminate the lease. (b) With Cause. The terms and provisions of Paragraph (a) shall not apply in the event tenant does not commence conducting business from the Premises thereafter ceases to conduct business from the Premises, due to causes for which such failure 4 • • CITY OF CLERMONT RESOLUTION NO. 1239 Page - 5 - to commence or such cessation are excused including, without limitation, the following: (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 majeure. Section 3 -Transportation Improvements Sidewalks shall be required along all public road frontages in accordance with adopted City Codes. 2. The permittee/developer shall provide off-street parking and loading spaces as required by City Code. Due to the potential diversity and variability in parking demand for the project, the final decision on the aggregate amount of parking and vehicular use space shall be determined by the City Site Review Committee in consideration of traffic engineering and site specific data that are applicable to the proposed development and intended uses to be constructed. All said required • parking and vehicular use areas shall be landscaped in conformance with adopted City Code. 3. The permittee/developer shall construct an internal traffic connection link that provides direct transportation access between the out parcels and property situated adjacent to the west of the site. 4. Roadway improvement plans for Citrus Tower Blvd., North Ridge Boulevard, Pitt Street, State Road 50, Grand Highway, additional public streets, and the project 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, 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. Project specific on- site/off-site transportation improvements consistent with identified project impacts will be the sole responsibility of the developer. The permittee/developer shall make application within 90 days of site plan approval and make all reasonable efforts to obtain a permit from the Florida Department of Transportation, Lake County, Florida, and the City of Clermont for the installation of a traffic signal device at the intersection of Oakley Seaver Drive and S.R. 50. The permittee/developer will proceed to install the traffic signal within nine months of receiving all permits, licenses, easements, or other entitlements necessary to install the signal device. The permittee/developer shall turn the signal over to the appropriate agency once it is installed. The City will assist the permittee/developer in obtaining equitable reimbursement for the costs of the design, permitting, and construction of the signal from surrounding landowners 5. Prior to construction and development of the Shopping Center project, the permittee/developer • shall provide a traffic analysis which identifies the development's impact on the City's • • • CITY OF CLERMONT RESOLUTION NO. 1239 Page-6- transportation system. Project expansion whose site location, anticipated total trip generation, circulation patterns, or other such factors that warrant a more extensive review of traffic impacts may also be required a traffic analysis; performance shall be contingent upon formal notification by the city. Ingress/egress to the site for construction shall be determined by staff. No ingress or egress of machinery or trucks shall be allowed from Highway 50. 7. A Florida Department of Transportation (FDOT) permit will be required and filed with the City for any activity proposed to occur along Highway 50 right-of-way prior to issuance of development approval or permitting by the City. 8. The applicant will be required to maintain swales and/or other acceptable erosion protection devices along SR 50, and/or other roadways (temporary or permanent) which are utilized for construction of the project and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. • 9. The parking area to the rear of the western anchor tenant and at the northwest corner of the property shall be designated for employee parking. All employees of the Home Depot store shall be required to park in the designated employee parking area. Section 4 -Stormwater Management Permeability tests must be submitted as part of the site plan review process. Permeability shall be maintained. 2. Verification of the stormwater run-off data, assumptions, and calculations shall be provided and approved by the City Engineer and other applicable jurisdictional agencies prior to any development activity. 3. 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 on the site. 4. Final disposition of stormwater outfall shall be as approved by the City Engineer. 5. 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. • 6 • • CITY OF CLERMONT RESOLUTION NO. 1239 Page - 7 - Section 5 -Excavation and Grading/Operation Plans • 1. 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. 2. All excavated material shall be stored in a location approved by the City Engineer. 3. Geotechnical 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 out parcel and 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 U.S.D.A. Soil Conservation Service. The out-parcels located on the site shall be hydro-seeded and supplied with a constant source of irrigation that will ensure stabilization of each out parcel until actual construction occurs. • 5. In areas where substantial earthwork 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. 6. A dust abatement plan shall be submitted to the City detailing measures to be taken in eliminating the migration of dust particles from the site. The plan must specifically outline those measures recommended by the United States Department of Agriculture Soil Conservation Service and the Florida Department of Environmental Protection (FDEP). 7. All 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. Slopes of the water retention areas shall be irrigated. Trees shall be provided in the WRA that are appropriate for the soils and hydrology of the area. 8. Noise levels shall not exceed those recommended by the Florida Department of Environmental Protection (FDEP). Alf vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday thru 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 thru Saturday. Heavy equipment maintenance operations and\or heavy machinery engines will not be started earlier than 7:00 A.M. on approved work days. Section 6 -Site Improvements/Landscaping • 1. All signage shall conform to adopted City Codes and Standards. 7 • CITY OF CLERMONT RESOLUTION NO. 1239 Page - 8 - 2. Buffering and screening shall be required in accordance with adopted City Codes. All buffering and screening shall be provided in conformance with the 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. In addition a masonry wall and landscaping shall be provided along the rear of the Home Depot store. The wall shall run from the hydrant in the east (near the west end of the retaining wall) to the employee parking lot in the west. The outside perimeter of the wall shall be landscaped according to current code, with live oaks planted 40 feet on center with shrubs provided per code. 3. 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. 4. 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. • 5. Architectural finish, building, and landscape design plans for the commercial center shall be submitted and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are not adversely impacted. 6. Commercial display of commodities for sale shall be located within a completely enclosed building and conform to City regulations for storage, screening, and location criteria for placement adjacent to the tenant structure, unless an open air sales permit has been received and approved by the City. A minimum of 60% of the required canopy trees for all parking areas shall be live oak trees. 8. If noise becomes an issue in the future the City Council reserves the right to address delivery issues or restrict the hours of delivery. Section 7 -Architectural Design Standards Architectural finish, building, and landscape design plans for the shopping center shall be submitted to and approved by the Site Review Committee prior to construction plan approval. The following design standards shall apply to all development on the site and shall apply until such time as citywide architectural standards are adopted unless otherwise approved by the City of Clermont Site Review Committee. Facades and Exterior Walls: 8 • • CITY OF CLERMONT RESOLUTION NO. 1239 Page - 9 - • 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. 3. Loading areas shall be properly screened from public view. 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, window 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 large retail establishment 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; 9 r • • CITY OF CLERMONT RESOLUTION NO. 1239 Page -10 - 6. arches; 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/or places for sitting. (b) An eight foot wide unobstructed pedestrian walkway shall be maintained the length of the store. This area shall not be used for display and will not serve as the fire lane. Signage: 1. Neon tubing shall not be used in building signage unless within the framework of an opaque cover. The letters in the signage shall be the primary color. 2. Signage may include store identification including garden center and contractor pickup, etc., but not advertising. Outdoor storage: 1. All building or landscape materials stored outside must be within an enclosure. If the enclosure is not opaque, the enclosure shall consist of columns of the same material as the primary structure with metal fencing as screening. Chain link fencing is prohibited. 2. All pallets, boxes, and related items shall be stored in an enclosed area and screened from public view. Outdoor display: 1. All outdoor display areas shall be clearly delineated on the site plan and only those areas shall be used for outdoor display. Outdoor display shall be separated into two categories: daily display and seasonal display. Daily display is to be taken into the store at the end of business hours each day. Seasonal display may remain outside overnight. For both daily and seasonal display, only one model of each item can be on display. Outdoor storage of inventories of lumber and other building materials, fertilizer and landscaping materials, or any other inventory, is prohibited. Flowers that are displayed outside must be on movable carts and brought in after business hours. Storage of trailers and sheds in required parking areas is prohibited. Miscellaneous: Cart corrals or returns shall be provide in the parking lot. 2. Mobile storage systems are metal shipping containers and trailers that are used to store additional inventory outside of the store. Mobile storage systems shall be prohibited. • 10 • • • CITY OF CLERMONT RESOLUTION NO. 1239 Page - 11 - • • Section 8 -Variances 1. A variance for a single retail establishment to be 129,788 square feet in size as opposed to the code which limits retail establishments to 100,000 square feet. 2. A variance to allow up to 13 continuous parking spaces without a landscape island as opposed to the code, which allows for a maximum of 10 continuous parking spaces without a landscape island. 3. A variance to allow for the provision of 645 spaces, rather than the 649 parking spaces required by code. 4. A variance to allow for two freestanding signs along S.R. 50, rather than the one allowed for by code. 5. A variance to allow the sign on the Cracker Barrel out parcel to be 200 square feet rather than the 100 square feet allowed by code. 6. A variance to allow the Cracker Barrel out parcel sign to be a freestanding/pylon sign rather than the monument sign called for by code. 7. A variance to allow for a freestanding sign to be located 22 feet from the intersecting street right of way lines on Highway 50, rather than the 50 feet per code. 8. The requested signage variances are in lieu of the monument sign for the Cracker Barrel on Oakley Seaver Dr. and the freestanding/pylon signs for the shopping center on Oakley Seaver Drive and Hunt Trace Blvd. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 26T" DAY OF FEBRUARY 2002. Attest: o ph Van Zile, Cit I arol Tunrille, Mayor " 11