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R-2011-02 CITY OF CLERMONT RESOLUTION NO. 2011-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT (RES. # 1472) TO REMOVE A PARCEL FROM THE CONDITIONAL USE PERMIT AND CLARIFY LANGUAGE FOR USES TO INCLUDE RETAIL, PROFESSIONAL AND MEDICAL OFFICES, PERSONAL SERVICES, LOUNGE, FINANCIAL INSTITUTION AND RESTAURANT USES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Flonda at a meeting held January 4, 2011 recommended for approval of this amendment to a Conditional Use Permit to remove a parcel from the conditional use permit and clarify language for uses to include retail, professional and medical offices, personal services, lounge, financial institution and restaurant uses; at the following location: LOCATION: 2400 South Highway 27 The City Council deems it advisable in the interest of the general welfare of the City of Clermont, Lake County, Flonda to grant this Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida that: This application for an amendment to a Conditional Use Permit to remove a parcel from the conditional use permit and clarify language for uses to include retail, professional and medical offices, personal services, lounge, financial institution and restaurant uses; be granted subject to the following conditions: CONDITIONAL USE PERMIT 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. 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 Conditional Use Permit 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 1 CITY OF CLERMONT RESOLUTION NO. 2011-02 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. 5. 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 or require further conditions as deemed appropriate. 7. The Conditional Use Permit must be executed and processed through the office of the City Clerk within 90 days of its date of approval by the City Council or the permit shall become null and void. 8. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by the City Council, a short-form version of this Conditional Use Permit as provided by the City or a form acceptable to the City, to provide notice to all interested parties, the assigns, successors and heirs of the developer /applicant and all future owners of the above - referenced property that the real property described above is subject to the terms and conditions of the Conditional Use Permit. 9. The final Certificate of Occupancy shall not be issued for each phase until each of the stated conditions has been met. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may open the Conditional Use Permit for further conditions or revoke this Conditional Use Permit by resolution. 10. No business can occupy any portion of the building(s) after construction and final Certificate of Occupancy unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Clermont Planning & Zoning Department. 11. Should this use cease operation for more than one year, a new Conditional Use Permit shall be required for the same or similar operations. 12. In the event that parking at this site proves inadequate the City reserves the right to open the Conditional Use Permit for further review and additional conditions which may include additional parking requirements or revocation of the Conditional Use Permit. 13. In the event that the noise levels create a nuisance to the surrounding property owners, the City reserves the right to open the Conditional Use Permit for further review and additional conditions. 14. All backflows must be brought up to code when each individual unit is built out. 15. All grease traps must be pumped at a minimum of once per quarter, unless otherwise approved by the Director of Utilities. The City reserves the right to open the Conditional Use Permit for further review and additional conditions if violation of this Conditional Use Permit condition occurs, which may include revocation of the Conditional Use Permit and Code Enforcement actions. 2 CITY OF CLERMONT RESOLUTION NO. 2011-02 16. All other conditions as previously approved in Resolution No. 1472 (Exhibit A) shall remain in effect where applicable, with the exception of Parcel C, which will be removed from the Conditional Use Permit along with the residential use originally allowed. 17. Parcel C shall be provided access as provided by State, County and City requirements. Section 2 — Land Use 1. The property is approved for the following uses within the C -2 General Commercial zoning District: retail, professional & medical offices, personal service, lounge, financial institution and restaurant uses. All uses must adhere to the requirements of the Land Development Code. Section 3 — Landscaping 1. At the onginal site development 1,407 tree inches were deficient from the overall site which included Parcel B - buildings A, B, C and D. The costs for the deficient inches /trees are to be paid into the City's tree fund. 1,407 inches equals a minimum of 469 trees at the Code required three inch (3 ") caliper (and further code requires 12' ht, 6' spread, 65 gallon containers, Florida grade #1). To date 600 inches (200 trees) have been paid for (based on replacement tree costs as agreed on with the City). Prior to permitting of any of the remaining proposed buildings E, F, G or H, or any further building development on the site, the remaining inches /tress must be paid for in full to the City. Tree costs and a payment timeline for the remaining 807 inches (269 trees) shall be negotiated with the City Manager's office. In the event the City Manager is unsuccessful in negotiating an acceptable payment plan within a reasonable time frame, the Conditional Use Permit shall be brought back to the Council for amendment or revocation. 2. All further landscaping shall adhere to the current Land Development Code. Section 4 - Architectural Design Standards 1. All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. 2. All fencing within public view shall be ornamental metal or brick, as approved by the Site Review Committee. 3 CITY OF CLERMONT RESOLUTION NO. 2011-02 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 22nd day of February, 2011. CITY OF CLERMONT Harold S. Turville, Jr., Mayor ATTEST: 1/ / - e Tracy Ackroyd, ity Clerk T I J / _ 4 CITY OF CLERMONT RESOLUTION NO. 2011 Exhibit A CITY OF CLERMONT RESOLUTION NO. 1472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1308 TO ALLOW FOR RESIDENTIAL, PROFESSIONAL OFFICE, PERSONAL SERVICE, LOUNGE, MEDICAL OFFICE, FINANCIAL INSTITUTION AND RESTAURANT USES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held March 7, 2006 approved this Conditional Use Permit to amend Resolution No. 1308 to allow for residential, professional office, personal service, lounge, medical office, financial institution and restaurant uses at the following location: LOCATION 2400 S. Highway 27 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. 1308 to allow for residential, professional office, personal service, lounge, medical office, financial institution and restaurant 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 prepared by Farner Barley and Associates, Inc. and dated February 24, 2003. 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. 1 CITY OF CLERMONT RESOLUTION NO. 2011-02 CITY OF CLERMONT RESOLUTION NO. 1472 Page -2 - 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. 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 consist of residential, retail, professional office, personal service, lounge, medical office, financial institution, and restaurant uses. 2. The lounge use shall be defined as the following Ultra Lounge: An establishment devoted to serving or providing alcoholic beverages for consumption on the premises, in conjunction with the sale of food and the proper controls in place to maintain the integrity of the establishment while complying with all applicable laws, regulations and ordinances. Conditions/Stipulations: 1. Entertainment — All entertainment shall be conducted internally. 2 CITY OF CLERMONT RESOLUTION NO. 2011-02 CITY OF CLERMONT RESOLUTION NO. 1472 Page -3- 2. Safety — The security staff located on premises during business hours will maintain the safety and well being of the guests. 3. In the event City Staff determines that the operation of a Lounge creates a concern to the general welfare of the City of Clermont, this resolution shall be presented to the City Council for reconsideration of the approval of the lounge granted herein. Staff concern as referenced herein shall be defined as three documented complaints in a one year period of violations of applicable laws, regulations and ordinances. Section 3 - Excavation and Grading/Oneration 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 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. 5. The property shall be graded in accordance with the grading plan prepared by Fanner Barley and Associates and dated March 31, 2003; this allows for a change in elevation of up to 20 feet over a portion of the site as depicted on the grading plan. Section 4 - Transportation Improvements 1. Sidewalks shall be required along all public road frontages. 2. A westbound left turn lane from Brogden Drive into the project shall be constructed prior to the issuance of the first Certificate of Occupancy. 3 CITY OF CLERMONT RESOLUTION NO. 2011-02 CITY OF CLERMONT RESOLUTION NO. 1472 Page -4- 3. The permittee shall contribute a pro rata share of the cost of the future signal at U.S. 27 and Steves Road, if the signal is not funded by County impact fees. Section 5 - Utilities 1. Restaurants will be required to install grease traps at a size to be determined by the Public Works Director. 2. Dumpsters shall not be located along the western property boundary adjacent to the Lakeview Hills subdivision. Dumpster enclosures shall be covered. Section b — Landscaping & Signage 1. An opaque landscape buffer shall be provided along the western boundary of the project to screen the project from the homes in the Lakeview Hills subdivision. Existing trees and as much other natural vegetation as possible shall be retained in this buffer. 2. All signs for the project shall be monument signs. Section 7 - Architectural Design Standards 1. Architectural design shall be similar to and contain the major design elements as depicted on the conceptual architecture plans as prepared by Timothy Gaus Architecture. Architectural plans for all buildings must be submitted to and approved by the Site Review Committee prior to construction plan approval. All structures shall be designed and constructed in accordance with the pending Architectural Design Ordinance. 2. The architectural design of the future expansion of the Harley Davidson dealership shall be an extension of the design of the existing structure. The intent is to limit the amount of metal surface visible from public rights -of -way. 1 Parking lot lights shall be aimed straight down and be enclosed in a shroud so that light will not project out in an upward or horizontal direction. 4 CITY OF CLERMONT RESOLUTION NO. 2011-02 CITY OF CLERMONT RESOLUTION NO. 1472 Page -5— Section S — yar ianeels1 1. The applicant is requesting walls 10 ft. in height rather than the 6 fl. allowed for by code. 2. To allow for 10 ft. of the requited 20 ft wide landscape buffer along U.S. 27 to be sloped and 10 R. to be flat as opposed to the code which calls for the entire buffer to be level flat ground. DONE AND RESOLVED BY THE CITY COUNCIL 01? THE CITY 01? CLERMONT, LAKE COUNTY, FLORIDA THIS 0 DAY OF MAY 2006. Harold Turville, Mayor A 'T: ,... Jut Tracy Ackroyd, City CI • 5