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R-01-1232• • • CITY OF CLERMONT RESOLUTION NO. 1232 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 COMMERCIAL PROJECT COMPRISED OF EIGHT (8) PARCELS TO BE DEVELOPED AS HOTEL, RESTAURANT, AND PROFESSIONAL OFFICE USES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held September 4, 2001 recommended approval of this Conditional Use Permit to allow the construction of a commercial project comprised of eight (8) parcels to be developed as hotel, restaurant, and professional office uses, at the following location: Legal Description See Attachment "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: • This application for a Conditional Use Permit; to allow the construction of a commercial project comprised of eight (8) parcels to be developed as hotel, restaurant, and professional office 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 dated 8/24/01 as prepared by Harb Design Group, 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 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. • • CITY OF CLERMONT RESOLUTION NO. 1232 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 contain up to eight (8) commercial parcels that will include . restaurant, hotel and professional office uses consistent with the conceptual site plan dated August 24, 2001 as prepared Harb Design Group, Inc. 2. Each out parcel is limited to one structure. Section 3 -Site Preparation 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 out parcel and 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. 2 • L' C1TY OF CLERMONT RESOLUTION NO. 1232 Page-3- Section 4 -Transportation Improvements :7 1. Sidewalks shall be required along all public road frontages, including U.S. 27 and S.R. 50, in accordance with FDOT and City Codes. City staff shall determine the location and alignment of the sidewalks 2. Prior to construction plan approval, the permittee/developer shall provide a traffic study that identifies the development's impact on the City's transportation system. Based upon results of the traffic study, the City may require that transportation improvements, necessitated by the portion of the project for which a building permit is sought, be made at the time of construction of that portion of the project. Project specific on-site/off-site transportation improvements consistent with identified project impacts, per the traffic study, will be the sole responsibility of the developer. 3. The permittee shall contribute its fair share of costs of improvements to Grand Highway and Hook St. as determined by Lake County. 4. Cross access shall be provided between all adjoining parcels. 5. All rights-of-way for the planned improvements to Grand Highway and Hook St. must be dedicated by March 3, 2002. Right-of-way shall be dedicated so as to have a total of 80 feet of right-of- wayfor Grand Highway. A temporary construction easement for an additional 25 feet on each side of the 80 ft. right-of-way shall also be granted. Seventy (70) feet of right-of-way shall be dedicated north of the existing right-of-way of Hook St. so as to have a total of 100 ft. of right-of-way for Hook St. A temporary construction easement for an additional 50 feet on each side of the 100 ft. right-of-way shall also be granted. Planned improvements for Grand Highway and Hook St. must be constructed prior to the issuance of the first certificate of occupancy. 6. Driveway access shall be provided through the project so as to create access from the west side of the RaceTrac gas station through the project to Grand Highway as depicted on the conceptual site plan dated August 24, 2001 as prepared by Harb Design Group, Inc. Section 5 -Utilities and Stormwater 1. Restaurants will be required to install grease traps at a size to be determined by the Public Works Director. Section 6 -Landscaping and miscellaneous site improvements 1. The landscape buffers along U.S. 27 and S.R. 50 shall be 10 feet in width. The landscape buffers along Grand Highway and Hook St. shall be 10 ft. in width. 2. Per code, side slopes of water retention areas shall be sodded and irrigated. Trees shall be provided in the water retention areas that are appropriate for the soils and hydrology of the area. n U 3 • • CITY OF CLERMONT RESOLUTION NO. 1232 Page-4- • 3. Parking lot landscape islands shall be a minimum of 200 sf in area and 10 ft. in width not including the curb. 4. 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, or irrigation meter connected to the city system. Final determination for the source of irrigation water shall be made by the City Council prior to the commencement of construction. 5. Cardboard recycling dumpsters shall be in dumpster enclosures constructed per code. 6. Every effort shall be made to save as many existing trees as possible. On aparcel-by-parcel basis, staff shall have the authority to determine which trees must be saved. Once those trees have been identified, the proposed use must be designed around the tree or where appropriate and at staff's discretion, the tree may be relocated elsewhere on the property. 7. A minimum of 60% of the required canopy trees for all parking areas shall be live oak trees. • Section 7 - Si4nacle 1. Billboards and other signage not directly associated with the approved project shall be removed prior to the commencement of any construction on the site, including grading. signage for all parcels shall meet the requirements per the code for out parcel signage. Section 8 -Architectural Design Standards Architectural finish and building 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 properly addressed. The following design standards shall apply to all development on the site and shall apply until such time as citywide architectural design standards are adopted unless otherwise approved by the City of Clermont Site Review Committee. 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. • 4 • • CITY OF CLERMONT RESOLUTION N0. 1232 Page-5- • 3. The loading areas shall be properly screened from public view. Proper screening shall include but not be limited to provision of a minimum 10 ft. wide landscape buffer along the rear of the grocery and retail stores. 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 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; 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. • 5 • • r1 u C1TY OF CLERMONT RESOLUTION NO. 1232 Page-6- Signage: 1. Neon tubing shall not be used in building signage. 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 such as "We Sell for Less" or "Low Prices", etc. Lighting: 1. Light poles shall be located in landscape islands. They shall not be painted in primary colors and they shall be no greater than 25 ft. in height. Outdoor storage: 1. All materials stored outside must be within an opaque enclosure. Chain link fencing is prohibited. Miscellaneous: 1. Cart returns in the parking lot shall be provided for those stores that provide shopping carts. 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. 3. Chain link fencing shall be prohibited. Fencing around water retention areas and all other fencing shall be ornamental metal fencing. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 9th DAY OF OCTOBER 2001. -mil Harold Turville, Mayor Attest: ~ seph Van Z' ity Clerk 6 Resolution No. 1232 - H~esign Group, Inc. Mayor Turville read the resolution by title only. Planning Director Brown stated that that the applicant is requesting a Conditional Use Permit to allow a • commercial center consisting of 8 parcels including restaurant, hotel and professional office uses on approximately 14.7 undeveloped acres located at the southeast corner of U.S. 27 and S.R. 50. Ply 'll~ I71!'i'tCl" l~fl~\~~,1 cy~t~y~ +'• ^~t t'.iC P~,l''~:11P.~ cR 7lYail',~* ~11n:'i?:~~Il>il 'L.. Planning Director Brown then provided ahand-out of additions/changes as follows: ~ '~ ~`''; ~ ~`. . 4.'j~lr~tljip~t-M-+~ei~1e'1~~'-: ~C.~ita•~~`~~'ftfttrtfi~Tic luc,ahuii and alignment ~~' of`thc , ,~~~ a1ks. ~, Section Transportation -Add Condition #5 -All rights-of--way for the planned improvements to Grand Highw and Hook St. must be dedicated by March 3, 2002. Right-of--way shall be dedicated so as to have a ' total 80 feet ofright-of--way for Grand Highway. A temporary construction easement for an additiona125 { feet ~~ each side of the 80 ft. right-of--way shall also be granted. 70 feet ofright-of--way shall be dedicated :;: no of the existing right-of--way of Hook St. so as to have a total of 100 ft. ofright-of--way for Hook St. A `# t porary construction easement for an additional 50 feet on each side of the 100 ft. right-of--way shall alsoe gnted. Planned improvements for Grand Highway and Hook St. must be constructed prior to the issuance tI~ first certificate of occupancy. `' -,:. / Sep~ion 4 Transportation -Add Condition #6 -Driveway access shall be provided through the project so as V toa~~reate access from the west side of the RaceTrac gas station through the project to Grand Highway as . ~icted on the conceptual site plan dated August 24, 2001 as prepared by Harb Design Group, Inc. • ~ Section 6, Landscaping -Revise Condition #1 -The landscape buffers along U.S. 27 and S.R. 50 shall be ~1„a •., feet m width. The landscape buffers along Grand Highway and Hook St. shall be 10 ft. m width. Section 6, Landscaping -Add Condition #6 -Every effort shall be made to save as many existing treys as possible. On aparcel-by-parcel basis, staff shall have the authority to determine which trees must bra' saved. yy~ Once those trees have been identified, the proposed use must be designed around the tree or where" .~ a > >ro ~ri• •~ located ~. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Dick Candler of Candler Development Co., the owner, 180 Alan Road, Suite 202 South, Atlanta, Ga., stated he would be available to answer questions as needed. `~OL1nC111~"(l'lll t~ lid b~fcr on tlu D.O.T. right of way; i~:a~~.~ ~:~ City Manager Saunders stated that each parcel would be required to submit individual site plans and that the intent is to save as many trees as possible above a minimum size. Mr. Candler stated that he had provided an overall site plan indicating trees to be saved. irector Brown d that the site plan provided shows an ave~e of 55% of the trees being saved Planning D with 16 of them being 18" in diameter. He stated that the number of trees to be saved will go up before a final approved site plan is in place. City Manager Saunders stated that the submitted site plan will be revised further, with some possible • movement of buildings in order to save trees. ~~' _ ct£ ,.~.,~ tie r: _ .. ~ ~~ Mayor Turville asked if the 45 to 55 foot landscape buffer will decrease to 10 feet after the U.S. 27 improvements are completed. City Manager Saunders stated that the City is unaware of any planned improvements to widen the off-ramp. V A rnotion was made by Council Member Mullins seconded by Council Member Renick and carried unanimously to adopt Resolution No. 1232, as amended. • Mayor Turville closed the public hearing at this time.