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R-01-1205• • :~ CITY OF CLERMONT RESOLUTION NO. 1205 ?SJCo - ~~ni~ 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 THAT WILL CONSIST OF A SHOPPING CENTER WITH UP TO 160,086 SQUARE FEET OF RETAIL SPACE, SIX (6) OUT PARCELS, AND PROFESSIONAL OFFICE AND RESTAURANT USES. Legal Description Lake Highlands Section 18, Township 22, Range 26, Tracts 51 and 62 east of Highway, Tracts 49,50,63, and 64 south of Division Street. ORB 590, Page 1346, ORB 1780, Page 836, and ORB 590, Page 1346, ORB 1780, Page 836. 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 that will consist of a shopping center with up to 160,086 square feet of retail space, six (6) out parcels, and professional office • and restaurant use 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 5/17/01 and prepared by Avid Engineering, 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. 1205 Page-2- met. L` The final Certificate of Occupancy shall not be issued until each of the stated conditions has been 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 160,086 square feet of retail space, six (6) out parcels, and professional office and restaurant uses consistent with the conceptual site plan dated May 17, 2001 as prepared by Avid Engineering, Inc. 2. The allowable uses shall be those uses indicated within the C-2 Zoning Category of the City of Clermont Land Development Regulations. 3. The out parcels along U.S. Highway 27, out parcels A,B,C, and D, shall be limited to one structure per out parcel. 4. Retail and grocery store space shall not "go dark" as specified in the following language: (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 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. 5. Only one of the out parcels shall be eligible for a gas station/convenience store. A convenience store is a conditional use and must be approved pursuant to a Conditional Use Permit. r~ U 2 • • CITY OF CLERMONT RESOLUTION NO. 1205 Page - 3 - 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 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. • Section 4 -Transportation Improvements 1. Sidewalks shall be required along all public road frontages, including U.S. 27, in accordance with FDOT and City Codes. 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. 3. Based upon results of the traffic study as referenced in Item 2 above, 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. 4. The permittee shall contribute its fair share of the cost of improvements to Citrus Tower Blvd. and the intersection of U.S. 27 and Citrus Tower Blvd./ Grand Highway as determined by Lake County, F.D.O.T., and the City of Clermont. 5. If signalization is determined warranted and necessary at the intersection of Citrus Tower Blvd. and Grand Highway, the permittee/developer shall pay a pro rata share of signalization improvement costs based on traffic counts. 6. Cross access shall be provided between all adjoining out parcels. 7. Westbound decel lanes shall be provided into the site at the eastern most entrance off Citrus Tower Blvd. and at the entrance in front of the grocery and retail stores off Citrus Tower Blvd. • • • • CITY OF CLERMONT RESOLUTION NO. 1205 Page - 4 - 8. Within two years from the date the first certificate of occupancy is issued in Phase I, paved access shall be provided across Phase II to connect Phase I with Division St. The access across Phase II shall be provided by the permittee of Phase I. 9. Loading areas for grocery and retail stores do not appear to be adequate in size or depth. At the time of construction plan review, the applicant will be required to demonstrate that the loading areas as depicted on the conceptual site plans will be adequate. Required parking spaces cannot be blocked by loading areas. 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 buffer along U.S. 27 shall be 20 feet in width and landscaped in excess of code. • The landscape buffers along Citrus Tower Blvd. and Division Street shall be 10 ft. in width. 2. A buffet. shall be provided between the shopping center and the residential development to the east. It will consist of an 18 ft. landscape buffer with berm and a continuous hedge and live oak trees planted a maximum of 50 feet on center. The buffer shall include a 6 ft. high masonry wall along the east side of the easternmost drive isle off Citrus Tower Blvd. The wall shall run from Citrus Tower Blvd. north and west along the perimeter of the drive isle to a point such that headlights from eastbound vehicles will not shine into the residential homes. 3. 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. 4. Parking lot landscape islands shall be a minimum of 200 sf in area and 10 ft. in width, not including the curb. 5. Slopes of the water retention areas shall be sodded and landscaped with trees. 6. A minimum of 60% of the required canopy trees for all parking areas shall be live oak trees. 7. 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 source of irrigation water shall be made by the City Council prior to the commencement of construction. 8. Cardboard recycling dumpsters shall be in dumpster enclosures constructed per code. • 4 • CITY OF CLERMONT RESOLUTION NO. 1205 Page - 5 - Section 7 - Signage • 1. One sign for the grocery store and retail shall be allowed on each street frontage. The signs on Citrus Tower Blvd. and Division St. shall be monument signs limited to 100 square feet. 2. 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. 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. 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. • • • CITY OF CLERMONT RESOLUTION NO. 1205 Page-6- 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. Fagade 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. 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. • 6 • • CITY OF CLERMONT RESOLUTION NO. 1205 Page-7- 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 28th DAY OF AUGUST 2001. Attest: Harold Turville, Mayor • Joseph Van Zile, City Clerk U 7 Resolution No. 1205 ~ • Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant, Presco Associates, LLC, is requesting a • Conditional Use Permit to create a Planned Unit Development consisting of a shopping center with up to 160,086 square feet of retail space, six out parcels and professional office and restaurant uses for the property located at the northeast corner of U.S. 27 and Citrus Tower Boulevard. He stated that a shopping center is a conditional use in the C-2/General Commercial zoning district. Planning Director Brown stated he would like to make the following changes to Resolution No. 120 .„ ~ ... . ,. ': _„s .. , .. . , ~~ ~ ~~~~ .,. , ._ .. ~~ . ,, ~ .. .. .. ,~ r ,,. ~ .~'- .; ., ~ ~ - , - ~~' ZI C~ ,. ~ ~N~ ~1a r'~C~c a~ ~' ~:^ • Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: ~ob Shakar, 230 Mohawk Road, President of Presco & Associates, LLC, spoke regarding the request. He stated he would like the delete the use of the word `minimum' as used in Section 6, #1. He stated he would like to provide 40% of the required live oak trees versus 60% under Section 6, #6 and that he would like to delete the words `limited to 100 square feet' from Section 7 and add the words `providing square footage that will comply with the City of Clermont Land Development Regulations as they apply at the time of permit'. The City Council discussed the proposed changes with Staff and Mr. Shakar. Mayor Turville stated he felt the sign limit of 100 square feet in Section 7 should remain. V n Jane Caldera of Avid Engineering, Inc., 2300 Curlew Road, Suite 100, Palm Harbor, FL, spoke regarding the traffic study provided by her firm. • Discussion followed regarding the traffic study. Mr. Carl Palmisciano 39~Pa an Court asked the reason for the len th debate re ardin the g ~ g Y g g trees. • ~ Mayor Turville explained that there are various reasons including which varieties supply best canopy and growth and cost. Discussion followed regarding the best source of irrigation water for the site. . , . ... , ,, _ ~~ <- ,~, , ~fi~i~itr~.~ii~n Discussion followed regarding the construction of Citrus Tower Boulevard. ~~t L^ ^.~ A _ J Mayor Turville closed the public hearing at this time. • A motion was made by Council Member Biddle, seconded by by Council Member MacLauchlin, and carried unanimously to adopt Resolution 1205, as amended. LJ ~V/ ...~~ .~ ice` ~i~ b4~ #lt~''l~~v[ : ~•'~fii . ~ .. ~.