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R-2010-24 CITY OF CLERMONT RESOLUTION NO. 2010 -24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT (2010 -1) TO CORRECT THE STATED ACREAGE OF PARCEL C -1 FROM 20.77 ACRES TO 14.73 ACRES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County. Florida at a meeting held October 5, 2010 recommended for approval of this amendment to a Conditional Use Permit (2010 -1) to correct the stated acreage of Parcel C -1 from 20.77 acres to 14.73 acres; at the following location: LOCATION: Southwest of Citrus Tower Boulevard 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 Pennit. 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 (2010 -1) to correct the stated acreage of Parcel C -1 from 20.77 acres to 14.73 acres; he granted subject to the billowing conditions: CONDITIONS: SECTION 1 — General Conditions I . 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 master site plan as shown in the revised Exhibit `A" incorporating all conditions of this Conditional Use Permit. 4. No person fine 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. 2010-24 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 that 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 The Lost Lake Reserve project shall be developed in accordance with the directives of the Development Regional Impact, this Conditional Use PermitlPlanned Unit Development and the Comprehensive Plan for this Master Planned Development. The project shall be permitted for a maximum total of 1,108 single and multifamily residential dwelling units. • The development consists of the following elements as depicted in Exhibit "A ": Residential: • Parcel "A" — detached single family residential units with a minimum lot size of 9000 sq. ft. and a minimum lot width of 75 ft. All other development standards shall be consistent with the R -1 Single - family Medium Residential Zoning District. • Parcel "B" — detached single family residential units with a minimum lot size of 01020 sq. ft. and a minimum lot width of 100 ft. All other development standards shall be consistent with the R -1 -A Single - family Low Density Residential Zoning District. • Parcel "C I" —14.73 acres of park land. A deed restriction shall be imposed by_the developer to allow only athletic fields, recreation and open space uses. Parcel C1 shall be developed in substantial accordance with the conceptual site plan dated March 6, 2010 and the perspective drawings as developed by AECOM and Forum Architectures & Interior Design Inc. for Maxcy Development Group, as shown in Exhibit "B ". • Parcel "C2" — 16.41 acres with up to 192 multi - family residential units. Townhomes, duplexes, quadruplexes, condominiums, or apartments may be constructed at a maximum density of 12 dwelling units per acre. Parcel C2 shall be developed in substantial CITY OF CLERMONT RESOLUTION NO. 2010-24 accordance with the conceptual site plan dated March 6, 2010 and the perspective drawings as developed by AECOM and Forum Architectures and Interior Design Inc: for Maxey Development Group, as shown in Exhibit "B"". • • Parcel "D" — up to 300 multifamily residential units on 25 acres. Townhomcs, duplexes, quadruplexes. condominiums, or apartments may he constructed at a maximum density of 12 dwelling units per acre. • • Parcel "E" — detached single family residential units with a minimum lot size of 9000 sq. ft. and a minimum lot width of 75 ft. All other development standards shall be consistent with the R- 1Single- family Medium Residential Zoning District. • Parcel "F" — detached single family residential units with a minimum lot size of 9000 sq. ft. and a minimum lot width of 75 ft. All other development standards shall be consistent with theR -1 Single - family Residential Zoning District. • Parcel "G" — up to 300 multifamily residential units on 25 acres Townhomes condominiums or apartments may he constructed at a maximum density of 12 dwelling units per acre. •Non- residential: • Parcels "FI" & "R " — allow for a variety of professional office and personal services uses. Allowed uses shall he the professional office and personal services as permitted in the Cl zoning district. All regulations of the C1 zoning district shall apply to these uses. In addition, residential uses are limited to 1 du /5,000 sq. ft. of the heated and cooled arca. Subdivisions of commercial land must go through the commercial subdivision platting process. • Parcel "I " — Worship and Daycare — A 5.04 acre parcel reserved for a worship site. In addition to worship uses the parcel can also include daycare and primary educational uses associated with the church; however, and daycare and educational uses shall he subject to a conditional use approval by the City. • Parcels "K" & "J" — Commercial Villages — allow development of a variety of retail and service uses to serve the Planned Unit Development and nearby neighborhoods, consistent with the regulations in the C2 General Commercial zoning district. Permitted uses in C'2 shall he permitted and Conditional Uses in C2 shall require a conditional use permit. The tbllowing uses shall be prohibited: "adult" oriented forms of business or services including adult bookstores; tattoo and body piercing establishments; psychic readers; pawn shops and campgrounds. Shopping centers require a Conditional Use Permit and other subdivisions of commercial land must go through the commercial subdivision platting process. • CITY OF CLERMONT RESOLUTION NO. 2010 -24 The construction of a retail establishment which exceeds 100,000 square feet in size shall be permitted on Parcel K without obtaining a variance. A Conditional Use Permit is required for the purpose of reviewing the plan for compliance with this Conditional Use Permit and other City Codes and Ordinances. (29.17 acres developed Wal -Mart; 11.30 acres available). • Parcel "L — Town Center allows a variety of retail and service uses, consistent with the Cl Light Commercial zoning district. Residential uses shall he allowed at a ratio of 1 du /2500 sq. ft. of heated and cooled space. The following uses shall be prohibited: "adult" oriented forms of business or services, i.c. adult bookstores; tattoo and body piercing establishments; psychic readers; pawnshops and campgrounds. Shopping centers require a Conditional Use Permit and other subdivisions of commercial land must go through the commercial subdivision platting process. • Parcel "M" — An 11.4 acre Recreation and Open Space (ROS) parcel bridges the gap between the Eagle Lake perimeter park and Lost Lake Elementary School. It is proposed for active community recreation such as field and court sports. • Approximately 1 52 acres is planned for passive recreation for the perimeter of Lake Felter. This Recreation and Open Space (ROS) feature coincides with the 100 year floodplain: • • A linear park that borders both sides of Citrus Tower Boulevard along Parcels "B ", "C', "D", and "E ". • Parcel "N " — A 1.0 acre parcel is reserved for a Community Facility at the northeast corner of the 11.2 acre ROS parcel. SECTION 3 — Physical Site Development and Environmental Issues 1. A dust abatement and soil erosion plan shall he submitted to the City detailing measures to he taken to eliminate the migration of dust particles and soil erosion. A water buffalo shall be available to apply water within 24 hours of notification by City. All disturbed areas that are not to be developed within 30 days after grading is completed shall be seeded and mulched or sodded unless an alternative plan is submitted to and approved by the City. 2. Gopher tortoises shall be relocated to an approved reception site subject to approval of the Florida Game and Fresh Water Fish Commission. If relocation is not approved due to health reasons a Take Permit will be obtained from the Fish and Game for tortoises that cannot he relocated due to health reasons. 3. The Lake Felter mitigation has been completed in accordance with the plans .approved by the City and the SJRWMD. The mitigation is subject to the monitoring requirements under the permit. The Eagle Lake mitigation plans have been submitted to the SJRWMD in accordance with the Consent Order issued by SJRWMD. In accordance with the • CITY OF CLERMONT RESOLUTION NO. 2010 -24 Consent Order, the Eagle Lake restoration must be completed prior to development north of John's Lake Road or when water levels rise to normal levels. All activity in the floodplains or wetlands requires a permit from the City per SECTION 94 -34 of the code. 4. A tree survey and inventory is required for all trees six (6) inches and over in diameter and a replacement plan is required for those trees to be removed. 5. Mass grading shall be permitted in substantial accordance with the proposed Mass Grading 2002 Cut /Fill Program as originally approved by the City, which depicts those areas which will exceed ten (10) feet or fifteen (15) feet of cut or till in residential and commercial areas respectively. Final grading plans shall be submitted with construction plans for each phase of the development and shall substantially comply with those grading plans. Notwithstanding the above, any City approval of a site improvement plan will allow the Developer to move earth outside or into that parcel's boundary provided that earthwork is completed consistent with the approved master grading plan but only to the extent such work is needed to complete the earthwork required of the approved site plan. Retaining walls up to ten (10) feet in height may be utilized in the commercial parcels, as long as landscaping is incorporated into their design. Tiering of retaining walls in commercial areas is permitted. Residential parcel retaining walls are restricted to a maximum of sir (6) feet in height. Two foot horizontal to one foot vertical slopes are allowed in non- residential parcels provided slopes are vegetated with drought tolerant, low maintenance materials. Filling the U.S. 27 tloodplain in the commercial arca is permitted as long as the appropriate permits are obtained from SJRWMD and tloodplain compensation is provided. A dust abatement and soil erosion plan shall be submitted to the City detailing measures to be taken to eliminate the migration of dust particles and soil erosion with each site improvement plan. SECTION 4 — Transportation Improvements 1. Citrus Tover Blvd. A. Mill County contribution: Developer shall substantially complete the construction of Citrus Tower Boulevard from the southern boundary of the property to the northern boundary within 240 days of Developer receiving final permits and approvals and, the County providing its share of the construction cost in the form of cash. The portion from the northern boundary of the property to Hook Street shall be completed within 240 days of the County or City acquiring the necessary right of way to construct the roadway along with the necessary drainage improvements and obtaining all final permits to construct improvements. Development approved through the adoption of the Development Order for the Development Regional Impact can commence on Parcel "F" without any improvement to Citrus Tower Blvd. Parcel "G" shall require the construction of Citrus Tower Boulevard from John's Lake Road south to the secondary entrance of Parcel "G" within one (1) year of the first CO being CITY OF CLERMONT RESOLUTION NO. 2010 -24 issued in Parcel "G ". Parcels "CC' and "E" shall require the construction of Citrus Tower from John's Lake Road to Steve's Road prior to the issuance of any CO in Parcels "C" or "E ". Further development shall commence as provided for in the Development Regional Impact Development Order. The one hundred feet of right of way for the construction of Citrus Tower Boulevard from the southern property boundary to the northern property boundary will be contained in a right of way reservation corridor map (the "Map ") which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the southern to northern property boundary. The exact 100 -foot right of way to be dedicated will be furnished to the City upon completion and approval of the construction drawings for Citrus Towcr Boulevard. The Developer will complete and submit the construction plans for Citrus Tower Blvd. from the southern property boundary to the northern property boundary within 6 months of the Conditional Use Permit approval. Simultaneously with the dedication of the right of way to the' City, the City in turn will grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. Notwithstanding the above, the Developer shall dedicate the one hundred feet (100') of right of way for Citrus Tower Blvd. no later than twelve (12) months after the approval of this Conditional Use Permit. City will assist developer in making sure that Citrus Tower Boulevard is eligible for impact fee credits from the County. B. Without County contribution: Developer shall construct Citrus Tower Boulevard from the southern property Iine to the northern property line within four (4) years of approval of the Development Regional Impact Development Order. Development approved through the Development Regional Impact Development Order can commence on Parcel "F" without any improvement to Citrus Tower Blvd. Parcel "G" shall require the construction of Citrus Tower Boulevard from John's Lake Road south to the secondary entrance of Parcel "G" within one (1) year of the first CO being issued in Parcel "G ". Parcels "C" and "E" shall require the construction of Citrus Tower from John's Lake Road to Steve's Road prior to the issuance of any CO in Parcels "C" or "E ". Further development shall commence as provided for in the Development Regional Impact Development Order. The one hundred feet of right of way for the construction of Citrus Tower Boulevard from the southern property boundary to the northern property boundary will be contained in a right of way reservation corridor map (the "Map ') which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the southern to northern property boundary. The exact right of way to he dedicated will be furnished to the City upon completion and approval of the construction drawings for Citrus Towcr Boulevard. The Developer will complete and submit the construction plans for Citrus Tower Blvd. from the southern property boundary to the northern property boundary within 6 CITY OF CLERMONT RESOLUTION NO. 2010 -24 months of the Conditional Use Permit approval. Simultaneously with the dedication of the right of way to the City, the City in turn will grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. Notwithstanding the above, the Developer shall dedicate the one hundred feet (100') of right • of way for Citrus Tower Blvd. no later than twelve (12) months after the approval of this Conditional Use Pen City will assist developer in making sure that Citrus Tower Boulevard is eligible for impact fee credits from the County. 2. Steve's Road Construction A. With Comity contribution: Steve's Road from the eastern property boundary to the western boundary shall be constructed within 240 days of the County providing funding and the County or City providing the necessary rights of way. The portion west of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "A" and the portion east of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "B ". Regardless, Steve's Rd. must he constructed from Citrus Tower Blvd. to the east property boundary when Citrus Tower Blvd. is extended to Steve's Road. The eighty foot (80') right of way for the construction of Steve's Road from the western property boundary to Citrus Tower Blvd. and the sixty foot (60') right of way from Citrus Tower Blvd. along the northern property boundary will he contained in a right of way reservation corridor map (the "Map ") which shall he an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the eastern to • western property boundary. The exact right of way to be dedicated will be furnished to the City upon completion and approval of the construction drawings for Steve's Road. The Developer will complete and submit the construction plans for Steve's Road from the eastern property boundary to the western property boundary within 6 months of the Conditional Use Permit approval. Simultaneously with the dedication of the right of way to the City, the City will in tuna grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. B. Without Comity contribution: Steve's Road from the eastern property boundary to the western boundary shall he constructed within four (4) years of approval of the Planned Unit Development or the portion west of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "A" and the portion east of Citrus Tower Blvd. must he completed prior to the first CO being issued in Parcel "B ". The eighty foot (S0') right of way for the construction of Steve's Road from the western property boundary to Citrus Tower Blvd. and the sixty foot (60') right of way from Citrus Tower Blvd. along the northern property boundary will he contained in a right of way CITY OF CLERMONT RESOLUTION NO. 2010 -24 reservation corridor map (the "Map') which shall he an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the eastern to western property boundary. The exact right of way will be dedicated to the City upon completion and approval of construction drawings for Steve's Rd. The Developer will complete and submit the construction plans for Steve's Road from the eastern property boundary to the western property boundary within 6 months of the Conditional Use Permit approval. Simultaneously with the dedication of Steve's Rd., the City will in turn grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. Notwithstanding the foregoing, Steve's Road east of Citrus Tower Boulevard will be completed by the time the portion of Citrus Tower Blvd. is extended from John's Lake Road North to Steve's Rd. 3. All roads within the project shall he designed and constructed in accordance with adopted City standards. 4. The pcnnittee shall pay a pro rata share of the traffic study to determine if a signal is warranted at the intersection of U.S. 27 and John's Lake Road. If a signal is warranted, the permittee shall pay its pro rata share of the cost for a signal and its installation. The permittee • shall also pay for the total cost of warning signs and lights north of the signal as required by the FDOT and the City of Clermont. 5. If in the future it is determined by the City that a signal is necessary at the intersection of John's Lake Road and Citrus Tower Blvd.. the cost of engineering, equipment, and installation shall he the responsibility of the permittee and may be eligible for impact fee credits. 6. A mass transit stop shall be provided for in the Commercial Village. 7. Ingress /egress to the site for construction shall be as approved by the City Site Review Committee. 8. An FDOT permit will be required and filed with the City for any activity proposed to occur along U.S. 27 right -of -way prior to issuance of development approvals or permitting by the City. 9. Single family units shall not front on, or be permitted direct access to John's Lake Road, Steve's Road, or Citrus Tower Boulevard. 10. The permittee shall be permitted to extend the maximum length of a cul -de -sac street from one thousand two hundred (1,200) feet to two thousand (2,000) feet. 11. The developer shall pay the City for the purchase and installation of the traffic signal (span wire) at the intersection of Citrus Tower Blvd. and Steve's Road as designed and installed by Lake County, not to exceed $200,000. The signal shall be installed and paid for CITY OF CLERMONT RESOLUTION NO. 2010 -24 • prior to the first Certificate of Occupancy being issued for Parcel C2 or for any buildings in Phase 2, whichever comes first. The City will support and reasonably cooperate with the developer with regard to the developer's application for eligible impact fee credits from Lake County. SECTION 5 — Utilities 1. An acceptable well site of approximately one -half acre in size either on or off site shall be provided prior to commencement of construction. 2. The project shall be plumbed for reclaimed water use. Reclaimed water lines shall be installed using purple colored piping. 3. Irrigation wells shall be used to provide water for irrigation until reclaimed water is available. 4. 300 units of water impact fees shall be paid at the time the first building permit is pulled. 5. The City shall work with the developer /permittee m the design of water and reuse line within the right -of -way or easements to accommodate and encourage the planting of trees between the curb and sidewalk. 6. The developer / pennittee shall not place more than thirty -six (36) inches of overburden on utility lines. Where landscape may be located over such line, the City shall receive indemnification in the event of necessary operation and /or maintenance of the utility. Repair and /or replacement of landscape shall be the responsibility of the developer /permittee. SECTION 6 - Linear Park 1. A linear park shall be provided on both sides of Citrus Tower Boulevard that will run along Parcels "B", `C ", "D ", and "E ". This linear park shall be a minimum of 10 ft in width and average 25 ft. in width. It shall be located outside of the public right -of -way. An eight foot pedestrian/bikeway shall be constructed the length of the park on both sides of Citrus Tower Boulevard. The pedestrian/bikeway does not have to follow the right -of -way line, but can meander in a serpentine manner through the buffer and 5 ft. into the right -of -way; however, in no case shall the pedestrian /bikeway be located closer than five (5) feet to the back of curb of Citrus Tower Blvd. Construction plans for the linear park shall he submitted for review and approval by sfaff along with construction plans for Citrus Tower Blvd. The plans shall include a description of the street furniture and lighting to be used and the design of berms and landscaping. Landscaping shall include one canopy tree per 50 ft. of street frontage with planting areas el, ery 150 ft. These planting areas shall he a minimum 500 sq. ft. in size. The linear park shall he constructed in . CITY OF CLERMONT RESOLUTION NO. 2010 -2.4 conjunction with each phase of Citrus Tower Blvd. construction. Maintenance of the linear park shall he by the homeowners association. SECTION 7- Recreation 1. Public Park - The developer will dedicate the approximately 11.4 acre park site to the City prior to the issuance of the first certificate of occupancy. The Developer will receive impact fee credits for the cost of the design and improvements, but not the value of the land. Cost estimates shall be submitted and approved by the City prior to construction fan- the propose of confirming recreation impact fee credits. The developer and City shall work together to plan the park. Developer will design, engineer, permit, and build the park improvements .substantially in accordance with the conceptual plan as prepared by McIntosh and Associates and Canin Associates construction plans, May 15, 2002 submitted to the City of Clermont. Grading and preparation of the site for construction as well as the construction of rectroont facilities and the softball fields shall be completed before the issuance of the 2 single family certificate of occupancy. Prior to the issuance of the 100 single family certificate of occupancy the entire facility must be completed and the entire facility must be completed within 24 months after issuance of the first single ,family residential certificate of occupancy. If upon issuance of the 100 single family certificate of occupancy, the developer has not completed the facility of the facility is not completed within the 24 month period, the developer shall post a letter of credit or performance bond fin- the remaining improvements that can be dram) by the City if the irnprorenucnts are not completed within 90 chow. ?. Eagle Lake Park and the Lake Felter passive park shall be constructed in conjunction with Phase 2 of the 11.4 acre active City park. 3. All recreation and park areas shall link with the pedestrian/bikeway system. 4. A neighborhood play lot (tot lot) shall be provided in each residential tract prior to the issuance of any certificates of occupancy for the tract. The neighborhood play lots shall be connected to the internal pedestrian /bikeway system. SECTION 8 — Landscaping 1. A 30 ft. landscape buffer shall be constructed along the eastern boundary of Parcel "F" prior to the issuance of the first c/o in' Parcel "F". The buffer shall be planted with a minimum of three rows of 3"-caliper 6" above grade pines planted 20 ft. on center. The rows shall he planted in a staggered manner so as to provide an opaque harrier. 2. In addition to the Linear Park, additional landscape buffers shall be provided along Citrus Tower Boulevard. A 20 ft. buffer shall be provided along all commercial properties except for the Town Center. A 25 ft. buffer shall be provided along the frontage of Parcel "G". Landscaping in the Linear Park and other buffers shall exceed minimum code requirements. CITY OF CLERMONT RESOLUTION NO. 2010 - 24 3. A wall and landscaped buffer shall he required along all double frontage lots (residential lots along Citrus Tower Blvd. and John's Lake Road unless otherwise approved by the site review committee. 4. The landscape buffer for the commercial and office parcels along U.S. 27 shall he 25 ft. wide with berm and double the planting of shrubs. 5. The developer shall landscape and maintain the Citrus Tower Blvd. median from Steve's Road to John's Lake, in substantial accordance with Exhibit "C ". The developer shall install all landscape material (as approved by the City), and maintain the median of Citrus Tower Blvd. within the Lost Lake Reserve from Steve's Road to John's Lake Road. Said landscaping shall he installed prior to the first Certificate of Occupancy being issued for Parcel Cl or C2 or for any building. SECTION 9 — Architectural Design Standards • All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. In addition, the following shall be adhered to: 1. The developer /pennittee shall create a set of design standards which establish the scale, mass, and form of development for the non - residential components of the Planned Unit Development. The non - residential standards shall include specific landscape controls for all rights -of -way, parking areas, plazas, and public open space, as well as a complete palette of street furnishings where appropriate. 2. The design standards for the non- residential areas shall be reviewed and approved by the City Site Review Committee and shall be applied to all development in the Planned Unit Development unless the City has established its own design standards and has adopted such standards as part of its code. 3. The following design standards shall apply to large retail establishments unless otherwise approved by the City of Clermont Site Review Committee: Facades and Exterior Walls: 1. Primary round floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than twenty -five (25) percent of ' their horizontal length. 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. The average height of such parapets shall not exceed fifteen (15) percent of the height of the supporting CITY OF CLERMONT RESOLUTION NO. 2010 -24 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 tinished surface of the exterior walls shall not include smooth -faced concrete block, tilt -up concrete panels or prefabricated steel panels. 2. Facade colors shall he low reflective, subtle, neutral or earth tone colors. The use of high- intensity colors, metallic colors, black or fluorescent colors shall he 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 two (2) foot wide band around the building. Neon tubing shall not be an acceptable feature for building trim or accent areas. Entryways: 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 tile 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. Neon tubing shall not be used in building signage. The letters in the signagc shall he 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. CITY OF CLER[Y/ONT RESOLUTION NO. 2010 -24 Outdoor storage: L All building or landscape materials stored outside must be within an enclosure. If the enclosure is not opaque, the enclosure shall consist of ornamental fencing as screening. Plastic slats in chain link fencing will not he allowed. 2. Shopping cart returns shall be provided within the retail structures. 3. Cart corrals or returns may be provided for in the parking lot. No advertising shall he allowed on the cart corrals. Outdoor display: 1. After business hours, all outdoor inventory must be on a concrete slab and under roof, i.e. an arcade. SECTION 10 — Signa 10.1 General Provision: 1.1 Anything defined as a `sign" by the City, but which is not specifically allowed by this section, shall be governed by the current City Land Development Code Signage Regulations. 1 0.2 Directional Signs: 2.1 Directional Signs which identify amenities and /or uses which serve the general public and /or residents of the development shall be regulated as follows: 2.1.1 Directional Signs may identify amenities and /or uses; builders and /or neighborhoods. 2.1.2 Directional Signs shall be limited to locations along Citrus Tower Boulevard and John's Lake Road within the boundaries of the development. 2.1.3 Directional Signs shall be limited to a double faced maximum of sixteen (16) square feet per sign face, not more than ten (10) feet in height. 2.1.4 Directional Signs shall maintain a five hundred (500) foot separation from other directional signs and a minimum fifty (50) foot peripheral setback from all other signs. 2.1.5 Directional Signs shall be setback a minimum of five (5) feet from all property lines, provided that a safe line of sight is maintained and the placement of said sign does not otherwise create a hazard to pedestrian or vehicular traffic as determined by the City of Clermont. CITY OF CLERMONT RESOLUTION NO. 2010 -24 10.3 Main Entrance Signs: 3.1 Main Entrance Monuments may be located at the main entrance to the project at US Highway 27 and John's Lake Road. 3.2 Main Entrance signage shall include either one of the following: 1) Entrance - Monument signs and a Project Identification Sign in the median of the entry or 2) . Project Identification Signs on either side of the right -of -way only. 3.3 Main Entrance Monuments may be placed adjacent to the north and south right -of -way lines of John's Lake Road and shall have a five (5) foot setback provided that placement of these monuments do not create a hazard to public health and safety as determined by the City of Clermont. 3.4 Main Entrance Monuments shall he four sided structures a maximum of eighteen (18) feet high and shall be limited to the project logo and a maximum of nine (9) square feet each side. 3.5 Main Entrance Project Identification Signs shall have a maximum copy area of thirty (32) square feet and a maximum height of eight (8) feet. The \.vall shall he placed in such a manner that a clear line of sight is maintained and does • not create a hazard to public safety, health or welfare as determined by the City. 10.4 Boundary Markers: 4.1 At the north and south entrances to the development on Citrus Tower Boulevard and at the east entrance on John's Lake Road, either project identification signs or boundary markers may be provided. They shall be located at or near the project boundaries. 4. Boundary Markers shall be located along both sides of the right -of -way up to the property line provided; however, that placement of these structures shall not create a hazard to public health or safety as determined by the City of Clermont. 4.3 Boundary Markers shall be four (4) sided structures a maximum of six (6) fcet high. Boundary Markers shall be limited to the project logo and a maximum of four (4) square feet each side. 10.5 Project Identification Signs: 5.1 At the north and south entrances to the development on Citrus Tower Boulevard and at the cast entrance on Johns Lake Road, either project identification signs or boundary markers may be provided. They shall be located at or near the project boundaries. CITY OF CLERMONT RESOLUTION NO. 2010 -24 5.2 A single faced wall display may be located on each side of the boulevard with a maximum copy area of thirty (32) square feet and a maximum height of eight (8) feet. '[he wall shall he placed in such a manner that a clear line of sight • is maintained and does not create a hazard to public safety, health or welfare as determined by the City. 5.3 In lieu of the single faced wall display on each side of the boulevard, the developer may elect to locate identification signs within medians of the entry boulevards. Such features shall consist of a double faced monument or wall with a maximum thirty -two (32) square feet of copy area per sign face. The structure shall be located a minimum of ten (10) feet from edge of pavement, provided that a clear line of sight is maintained, and the placement of these facilities does not otherwise create a hazard to public safety, health or welfare as determined by the City.' 10.6 Village (Subdivision) Identification Signs: 6.1 Village Identification Signs shall he located at the entry ways to neighborhood villages within the Development. 6.2 A single faced wall display may he located on each side of the boulevard with a maximum copy area of thirty (32) square feet and a maximum height of eight (8) feet. The wall shall he placed in such a manner that a clear line of sight is maintained and does not create a hazard to public safety, health or welfare as determined by the City. 6.3 In lieu of the single faced wall display on each side of the boulevard, the developer may elect to locate identification signs within medians of the entry boulevards. 6.4 Such features shall consist of a double faced monument or wall with a maximum thirty -two (32) square feet of copy area per sign face. The structure shall be located a minimum of ten (10) feet from edge of pavement, provided that a clear line of sight is maintained, and the placement of these facilities does not otherwise create a hazard to public safety, health or welfare as determined by the City. 10.7 Gateway Markers: 7.1 Gateway Markers may he located at all four (4) corners of the intersection of Citrus Tower Boulevard and John's Lake Road. Boundary Markers shall be four (4) sided structures a maximum of six (6) feet high. Boundary Markers shall be limited to the project logo and a maximum of four (4) square feet each side. CITY OF CLERMONT RESOLUTION NO. 2010 - 10.8 Multi - Tenant Identification Signs: 8.1 Multi- Tenant Identification Signs shall be located along US Highway 27, Citrus Tower Boulevard. John's Lake Road and the unintemtpted parking drive within Parcel "K ". Multi - Tenant Identification Signs shall be in conformance with the City of Clemnont Land Development Regulations. 8.2 Multi- tenant Identification Signs located within Parcel "K' shall allow identification of tenants within any further subdivided parcel regardless of the location of the specific sign. 10.9 Single Tenant Identification Signs: • 9.1 All Single Tenant Identification Signs shall he monument signs and the overall size of the sign including sign face and base shall be limited to 100 sq. ft. The height and setback of Single Tenant Identification Signs shall he in conformance with the City of Clermont Land Development Regulations. 10.10 Minor Identification Signs: 10.1 Minor identification Signs shall identify community amenities located within the development such as, but not limited to: parks, schools, and tot lots. 10.2 Minor Identification Signs shall be a double -faced pole, pylon, ground or wall sign and may be located at each common area or facility and shall have a maximum copy area of sixteen (16) square feet per sign face, a maximum height of eight (8) feet and a minimum setback of five (5) feet from property lines. SECTION 11 — Public Safety PUBLIC SAFETY COMMUNICATIONS AMPLIFICATION (Bi- Directional Amplified Distributed Antenna System) Except as otherwise provided, no person or organization shall maintain, own, erect or construct any building or structure or any part thereof or cause the same to he done which fails to support adequate radio coverage to public safety service workers, including but not limited to firefighters and police officers. For the purposes of this section, adequate radio coverage shall he as determined by the city tire official. The frequency ranges which must be supported include frequencies in use and /or licensed to the fire, law enforcement and EMS providers for the City of Clermont. The building official and /or City of Clermont Fire Marshal may require tests as evidence of compliance to be made at no expense to this jurisdiction. CITE OF CLERMONT RESOLUTION NO. 2010 -24 Buildings and structures over thirty -five (35) feet in height, buildings with-below grade spaces or parking, buildings with any floor greater than 30,000 square feet and other buildings where required to provide adequate signal strength which cannot independently support the required level of radio communications coverage shall he equipped with any of the following in order to achieve the required adequate radio communications coverage: a radiating cable system or an internal multiple antenna system with FCC type - accepted signal booster amplifiers as needed. If any part of the installed system or systems contains an electrically powered component, the . system shall be capable of operating on an independent battery and /or generator system for a - period of at least twelve (12) hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input. In the event that a signal booster is employed it shall be fully encased within a dust and water resistant case. For purposes of this section elevators may be excluded from the definition of "all parts of a building" or `any part thereof'. The requirements of this section may be waived by the City of Clermont fire official for buildings which do not have below grade spaces or parking in areas and circumstances where it is recognized that adequate radio communications coverage will be acceptable. A certificate of occupancy may not be issued for any building or structure which fails to comply with this requirement. SECTION 12 — Developer Commitments & Design Standards • The Developer has agreed to include specific commitments Sr, design standards as part of this Conditional Use Permit, and is incorporated as Exhibit "D ". The City and developer recognize that the Code of Ordinances and specifically the Land Development Code requirements may prevail where applicable. 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Lc, K. 4 4 . g •a q " ) m , .4 ,.. „ilk% .:,- e't z t p e ,, .ii z .-- - , . - .. v *-: , ii '-„;* tcP a la ) '`..,\\\ . ^ --..4 i f t J! 0 1 IT ° § : 2 ,, ' :tr ili - ) _,,..07r— — E - ti. 4, Z 0 00 4.gc ; , ttagt`^ eci "Z f-q pg,1/23gi .73: zzi,. Itv.ft t; gc,.. 24,4 8 ... a . gg .f.. , CP e t e t - „ „ '.- az° i.•■ 0 R ... E e - . 2 .1 a c z ---.? 4c-4Ete 1.1,,, incr, e a. n, .E-...110.5i,,, z.. ,...-•,-, .c-aNz“ -.1 >t' ,..1, fr. , 1E; doe, vr'Eri-Sti .T4 at st7b.7:1 t'il I • I , / I CITY OF CLERMONT RESOLUTION NO. 2010 -24 EXHIBIT "D" Developer Commitments & Design Standards Lost Lake Reserve - Parcels Cl and C2 3.11.10 Lost Lakc Reserve has requested a Conditional Use Permit modification to allow: 1. Park /recreation /athletic Yield uses on the northern part of Parcel C (Parcel C1). and 2. The ability to build 192 residential apartments on the remaining southern part of Parcel C (Parcel C2). The owners of the two parcels will each he required to present detailed site plans to the City for review and approval prior to moving forward with actual development. Neither the Real Life Church /School nor Lost Lake Reserve, LLC are ready to proceed with development of either parcel at this time, but are interested in getting the zoning approvals necessary to accomplish the apartment and park plans. Due to concerns expressed by a few neighbors, and at the direction of the City Council, the owners have prepared detailed illustrative plans that further detine the proposes use, met with neighbors again to review the plan and have established the following commitments and design standards, which they agree may he made part of the City's Conditional Use Permit approval. The standards are represented in the attached illustrative plan, which should also be made part of the record to document the City's final action. Developer Commitments and Design Standards Overall The developer shall meet all City code requirements and the Lost Lakc Conditional Use Permit conditions as approved and those conditions recommended in the City's report prepared for the 2.9.10 City Council meeting, including, but not limited to: 1. Landscaping the median of Citrus Tower Boulevard from Steve's Road to the south end of Lost Lake Reserve. 2. Providing funding for the signa]ization of Citrus Tower Boulevard and Steve's Road intersection. If the signal is constructed prior to development of Parcel C, Lost Lake shall pay the City the amount to construct the signal, not to exceed $200,000 to be utilized by the City to benefit the regional transportation network. The City shall assist Lost Lake in obtaining impact fee credits and applying the amount to the future proportionate share payment due for Phase II of the Lost Lake Development Regional Impact. Parcel Cl — Park/Recreation /Athletic Fields 1. The Deed conveying the land to the Real Life Church / School shall: i. Restrict the use of the parcel to allow only athletic fields, recreation, open space, parking uses and support facilities such as - maintenance and restroom buildings. 27 CITY OF CLERMONT RESOLUTION NO. 2010-24 ii. Require parcel to be operated, managed and maintained by Rea Life Church /School or their successors and assigns. iii. Prohibit sale or transfer of land to another party unless it is associated with the Real Life Church or another similar religious organization NN ho will operate a church and school; ownership would instead revert to Lost Lake Reserve, LLC or the City of Clermont. 2. The Conditional Use Permit Zoning Conditions for Parcel C I shall include the following restrictions: a. Perimeter buffering will be handled working with existing grades to construct a 4 -6 foot high landscaped berm along the perimeter facing • Citrus Tower Boulevard and Steves Road except for that portion near the intersection of Citrus Tower and Stoves that would be adjacent to the proposed stonnwater retention area. b. On -sitc drop -off areas and parking for the athletic fields will be provided. c. Exterior lighting will meet City codes and will be designed by a lighting professional to provide proper fixtures, heights, direction and shielding. d. Public address systems, if any, will be designed to direct the sound to the spectators and not toward adjacent residences. e Hours of operation for the ball fields will be limited to SAM to 9PM on Monday - Thursday, 8AM to IOPM on Friday and SAM to 10PM on Saturday and LOAM to 9PM on Sunday. f. Vehicular access will be limited to an entry drive from the existing Church/School entry road, except that a controlled entry point will be allowed on Citrus Tower Boulevard for limited overflow /grassed parking. g. The athletic fields will be laid out and fenced as needed to prevent baseballs from being hit into adjacent roads. Parcel C2 — Residential 1. The parcel will be limited to 192 residential units. 2. Uses will be limited to residential uses including apartments not to exceed 12 units per acre. 3. The primary access will be provided at the existing approved cut off road, which serves as the main entrance for The Vistas. Secondary access will be provided via The Vistas' circulation system with access out onto the Reverse Frontage road. No new direct access to citrus Tower will be permitted. 4. The neighborhood will be served by private roads and will be gated. 5. Exterior lighting will meet city codes and will be designed by a lighting professional to provide proper fixtures, heights, direction and shielding. 73 CITY OF CLERMONT RESOLUTION NO. 2010 -24 6. A wall similar to the wall on the cast side of Citrus Tower will be constructed along the Citrus Tower frontage along with a security fence around the balance of the perimeter of the site. 7. Minimum setbacks from right -of -way of Citrus Tower Boulevard: a. Parking: 50' b. Buildings i. One story: 50' ii. Two stories: 100' iii. Three stories: 150' iv. Building will he staggered from 1 -story to three stories as shown in the zoning plan. 8. Maximum building height: 35'; 3 stories. 9. Buildings will utilize a similar architectural theme and quality as the existing residential units at the Vistas at Lost Lake. Note: City codes may prevail in any instance where applicable. 24 CITY OF CLERMONT RESOLUTION NO. 2010 -24 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 26th day of October. 2010. CITY OF CLERMONT 7 _ ` = -ms 1 : • 3 • arold S. Turville, Jr., Mayo • j �4f ATTEST: Tracy Ackroyd. City Clerk 1 • 75 •