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eet,5234711 RR_w CITY OF CLERMONT
RESOLUTION NO. 2015-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW A MIXED USE PLANNED
UNIT DEVELOPMENT IN THE UE URBAN ESTATE ZONING
DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held April 7, 2015 made no recommendation on this Conditional
Use Permit to allow a mixed use Planned Unit Development in the UE Urban Estate zoning
district; at the following location:
LOCATION:
(Alternate Keys 1707242, 1707234, 1037433, 3878786, 1592399, and 1592381)
North of S.R. 50, West of the Orange County line,
South of Old Highway 50
The City Council deems it advisable in the interest of the general welfare of the City of
Clermont, Lake County, Florida to grant this Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida that:
This application for a Conditional Use Permit to allow a mixed-use Planned Unit Development
in the UE Urban Estate zoning district; 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. The property shall be developed in substantial accordance with the Conceptual Site Plan
prepared by Florida Engineering Group, seal date March 30, 2015, Exhibit A. 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.
3. 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. INSTRUMENT#2015079118
OR BK 4654 PG 1514-1527 (14PGS)
DATE 7/21/2015 1 22 43 PM
NEIL KELLY, CLERK OF THE CIRCUIT COURT
LAKE COUNTY
RECORDING FEES$120 50
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CITY OF CLERMONT
RESOLUTION NO. 2015-08
4. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
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.
6. The Conditional Use Permit must be executed and processed through 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.
7. 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. This permit is for a mixed-use commercial center including a shopping center not to
exceed 1,200,000 square feet of floor area and may include 200 residential dwelling
units. Residential dwelling units may consist of townhomes or multi-family.
2. Residential units shall be constructed only when there is adequate capacity within the
schools serving the property. This restriction shall not apply if the residential units are
restricted to occupants who are 55 years of age or older, in compliance with state or
federal law.
3. Plaza Collina will include those uses as permitted in the C-2 General Commercial zoning
district, retail, personal service, professional offices, and restaurants, consistent with the
conceptual site plan prepared by-Florida Engineering Group, seal date March 30, 2015,
Exhibit A, along with 200 residential units.
4. A total of two automotive dealerships may be permitted on site. Any additional proposed
automotive dealership shall require an amendment to this Conditional Use Permit.
5. The Developer may have one commercial building not to exceed 187,000 square feet of
floor area. Any other single-use retail structure with a floor area greater than 100,000
square feet shall require an amendment to this Conditional Use Permit.
Section 3—Site Development
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.
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CITY OF CLERMONT
RESOLUTION NO. 2015-08
2. All excavated material shall be stored in a location approved by the City Engineer.
3. Geo-technical information regarding the soil charactenstics of the site shall be submitted
to the City as part of the final site review process
4. The permittee/developers shall provide both temporary and permanent grassing including
fertilizer application on all disturbed areas where construction is not immediately
intended. Said plan shall be provided in accordance with an approved ground cover plan
acceptable to the City in accordance with Best Management Practices (BMP) of the U.S.
Department of Agriculture Soil Conservation Service.
5. Retaining walls may exceed six feet in height and may be constructed as previously
approved by Lake County for the mass grading plan for the site.
6. The commercial portions of the project shall be platted after the fourth parcel split.
Section 4 - Transportation Improvements
1. The Developer shall coordinate with the Lake County Public Works Department on all
transportation improvements to increase efficiency of design and construction.
2 Sidewalks shall be required along all public road frontages, including State Road 50 (SR
50), in accordance with Florida Department of Transportation regulations and City codes.
3. The City may require that once the project exceeds 37,289 average daily tnps that
transportation improvements, necessitated by the portion of the project for which a
building permit is sought, be made at the time of construction. Project specific on- and
off-site transportation designs are the sole responsibility of the developer.
4. Roadway improvement plans for SR 50, Old Highway 50/County Road 50 (CR 50),
additional public streets, and the project site, including but not limited to, access dnves,
acceleration/deceleration lanes, turn lanes, traffic signalization devices, and internal
signage and traffic movement lanes shall be submitted to and approved, appropriately by
the City's Site Review Committee, the Florida Department of Transportation and Lake
County prior to commencement of any development activity for any portion of the
project.
5. The Developer shall provide a proportionate share; based on share of traffic on Lake
Boulevard, of a grade-separated crossing at Lake Boulevard for the trail, if Lake County
decides to construct such a crossing.
6. Any alterations to the proposed frontage road, as shown on the conceptual site plan
prepared by Florida Engineenng Group, seal date March 30, 2015, Exhibit A, shall
require an amendment to the Conditional Use Permit.
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CITY OF CLERMONT
RESOLUTION NO. 2015-08
Section 5- Utilities and Stormwater
1. The permittee shall be responsible for purchasing, installing, and maintaining fire
hydrants within the project. They shall be installed according to City code.
2. Restaurants will be required to install grease traps at a size to be determined by an
engineer and approved by the Environmental Services Department.
3. 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.
4. The Developer shall construct at its expense, the facilities, lines and appurtenances
necessary to serve the development, including but not limited to the following off-site
improvements:
(i) Extend the existing 12-inch water main from the existing connection point located
near Autoplex Lane to the existing connection point located west of the entrance
to the Verde Park subdivision.
(ii) Extend the existing 12-inch water main located on the north side of SR 50 from
the existing connection point located near Magnolia Pointe Boulevard east along
the Plaza Collura proposed Frontage Road alignment, shown on the conceptual
master plan, and connect to the existing main at a point adjacent to the Honda
dealership just west of Lake Boulevard.
5. All on-site utilities shall be privately owned and maintained with the exception of the 12-
inch water line dedicated to the City running parallel with the frontage road.
6. The Developer shall install a 2-inch conduit specified for future fiber optic use running
parallel to the 12-inch water line in the frontage road.
7. The Impervious Surface Ratio (ISR) of the entire site shall be 70 percent. ISR calculation
will be based upon the entire site acreage.
Section 6—Landscaping
1. Landscaping materials and design shall comply with City code.
2. Landscaping within automotive sales inventory areas will not be required to install
canopy trees. These areas shall be reviewed and approved by the Site Plan Review
Committee.
3. The Landscape design for all parking areas, buffers, rights of way, pedestrian ways and
focal points shall be unified and complementary to the ambiance of the center.
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CITY OF CLERMONT
RESOLUTION NO. 2015-08
4. SR 50 and Lake Boulevard frontage: Minimum 20 feet in width, with 10 feet located
inside the property line and 10 feet located within the SR 50 nght-of-way (ROW), as
depicted in Exhibit B prepared by Cuhaci & Peterson, Architects, dated November 10,
2005. Developer will seek a Right-of-Way Utilization Agreement with the Florida
Department of Transportation to permit landscaping inside the right-of-way for the SR 50
frontage. If developer is unable to secure a Right-of-Way Utilization Agreement with the
Florida Department of Transportation to permit landscaping inside the right-of-way for
SR 50, the developer will be allowed to reduce the landscape area from 20' to 10' in
width located inside the property line, as long as the entire 10' is in plantings, as opposed
to sod.
Section 7-Architectural Design Standards and Lighting
1. Architectural design standards shall comply with City code.
2. Light fixture: types. All light fixtures; including security lighting, shall be cutoff fixtures,
and shall be incorporated as an integral design element that complements the design of
the building or project through style, material or color. Luminaires shall not be tilted.
Lighting of or on buildings shall be limited to wall-washer type fixtures or up-lights,
which do not produce spill light or glare. Sag lenses, convex lenses, and drop lenses shall
be prohibited. Lighting at a building or project shall not be comprised in whole or part by
floodlights.
3. Lighting Height. Except as otherwise required under this article, the height of an outdoor
lighting fixture; inclusive of the pole and light source/luminane, shall be a maximum of
30 feet within a parking lot and maximum of 20 feet within a non-vehicular pedestrian
area. Height shall be measured from the finished grade to the top of the light fixture.
4. Pedestnan walkways and bikeways. In pedestrian walkways or bikeways the light
fixture/luminaire shall be decorative in appearance, style, and finish.
5. Each row of parking shall be defined by landscaped islands on the ends and shall have no
more than 15 parking spaces in a row without an additional intermittent landscape island.
6. Minimum number of parking spaces shall be one space for each 225 square feet of
building area dedicated for commercial use. Commercial use shall include; retail
business, wholesale business and personal services, and office (excluding outdoor storage
facilities, garden centers, outdoor seating areas, and residential uses).
7. Restaurants and food services shall be parked per City code.
Section 8—Signage
1. The proposed automotive dealership may have one off-site sign that is adjacent to the
west main entrance and adjacent to their parcel.
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CITY OF CLERMONT
RESOLUTION NO. 2015-08
2. All other signage shall comply with City code.
3. The Developer shall dedicate 2,000 square feet to the City at the corner of SR 50 and
Lake Boulevard for a gateway feature to be designed, permitted and constructed by the
City. The Developer shall dedicate 1,000 square feet to the City along the northern
property line adjacent to the South Lake Trail for a trail gateway feature. These
dedications shall occur prior to the first certificate of occupancy.
Section 9—Site Improvements
1. All matenals stored outside must be within an opaque enclosure.
2. Storage of inventory in trailers or other storage systems shall be prohibited.
3. Shopping cart returns shall be provided within the retail structures.
4. Outdoor display of merchandise, except vehicles at the automotive dealerships, is
prohibited.
5. Chain link fencing shall be prohibited. Fencing around water retention areas, outdoor
storage areas and all other fencing shall be ornamental metal fencing.
6. Dumpster enclosures: Each dumpster and compactor location shall be located behind the
front setback of the primary building and shall be surrounded by a concrete masonry unit
enclosure with gates constructed of wood, architectural metal, or other material that is
architecturally compatible with the pnmary building design. The material used shall
provide an opaque screen so the dumpster will not be visible from the outside. Chain link
fencing is not permitted. The enclosure shall exceed the vertical height of the dumpster
by at least 6 inches with a maximum height of 9 feet. The required setback for enclosures
shall be 25 feet adjacent to property that is either zoned or used as residential. The
enclosure shall be constructed using colors and architectural treatments consistent with
the structure or facility it serves.
Section 10 - Special Planned Unit Development Conditions
1. The Developer shall find the engineering and installation of an interconnected
intersection system to maximize the movement of vehicles on SR 50, with prioritization
given to through traffic to the maximum extent practicable as determined by the Florida
Department of Transportation. The extent of the system shall include the section of SR
50; from the Florida Turnpike to Hancock Road, where the project is expected to have
significant impacts and may be divided into separate interconnected systems as deemed
appropriate by the Florida Department of Transportation. This condition has been met.
2. Any improvements on CR 438 through the Town of Oakland shall take into
consideration the rural nature of the area and capacity improvements shall include
landscaping, turn lanes, and traffic calming as deemed warranted by the Town of
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CITY OF CLERMONT
RESOLUTION NO. 2015-08
Oakland and Orange County. Consideration of alternatives to the signalization of Tubb
Street and Oakland Avenue shall be explored; including, but not limited to the use of
landscaped traffic roundabouts. Roadway widening shall be discouraged.
3. In order to provide safe access and to preserve operational capacity, left and right-turn
lanes shall be evaluated and installed by the developer at all project entrances on collector
and arterial roadways. The Developer, Florida Department of Transportation, and Lake
County have confirmed the need for and the cost of signalization at the Project
entrance(s) consistent with policies of the appropriate governing entity and when
nationally recognized warrants are met. The cost for signalization at the project entrances
is the responsibility of the Developer. Dual left turn lanes shall be provided at the
signalized intersections on SR 50, along the frontage of the project. Design of the dual
left turn lanes shall be coordinated with Florida Department of Transportation design
standards. Developer will work with the Florida Department of Transportation and Lake
County to expedite that portion of the widening of SR 50 which abuts the project.
Developer shall have the option to enter into an agreement with the Florida Department
of Transportation and Lake County whereby Developer will advance the funding for SR
50 widening along the project boundary and receive reimbursement and/or impact fee
credits from the appropnate governmental agency.
4. In the interest of safety and to promote alternative forms of transportation, the Developer
shall provide an on-site system of bikeways and pedestnan circulation that accesses all
area within the Project and shall install appropriate signage identifying bike routes and
pedestnan facilities. These bike and pedestrian facilities shall be installed as each site
plan for the Project is developed.
5. The on-site bicycle systems shall be connected into any proximate external bicycle
systems existing at the time of construction. Construction standards shall conform to
latest state standards and criteria. Improvements to area roadways should be encouraged
to incorporate bicycle and pedestrian facilities.
6. As part of the site plan approval process, the Developer will notify the appropriate transit
authority(Lake Xpress or LYNX) to request a determination of whether a bus stop on the
Plaza Collina site is needed and when it is needed. If such bus stop is needed, the
appropnate transit authority will approve the bus stop as part of the site plan approval
process. The Developer will contribute to an operations fund for transit service to the site
through a one-time payment of$200,000 to Lake County at the time Developer obtains
the first certificate of occupancy issued for a total of 200,000 gross square feet
(cumulative).
7. The following transit related conditions shall apply:
(i) Internal collector and artenal road geometrics will accommodate standard 40 foot
and articulated buses as descnbed in the most current edition of the LYNX
Design Manual. The design manual is located in local libraries and on the LYNX
website under news and events, LYNX documents at www.golynx.com.
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CITY OF CLERMONT
RESOLUTION NO. 2015-08
(ii) The bus stop sites size, location and amenities shall be of adequate size for
amenities; including passenger shelters, transit parking bays and parking spaces
for vanpool vehicles, in the development area subject to approval by the
appropriate transit agency. Passenger shelters shall be built at no cost to the
Developer and maintained by the appropnate transit authonty.
(iii) Developer will provide two designated locations for bus stops together with
parking for 25 cars in addition to the on-site bus stop, within reasonable proximity
and with appropriate access.
(iv) The Developer shall employ or appoint, part-time, an Employee Transportation
Coordinator (ETC) when employment levels reach 500 and a full-time Employee
Transportation Coordinator if employment levels and on-site residency reach
4,000. The Employee Transportation Coordinator may be incorporated into the
functions of any Transportation Management Association if one exists for the
project area. The Developer shall also coordinate with the area transit provider,
hold ridesharing campaigns, and distribute information regarding alternative
transit modes.
(v) The Developer is required to inform both residents and tenants that the
Development is served by LYNX's rideshanng program. Literature regarding the
ridesharing program is suggested to be displayed in public, commercial and
employment areas.
(vi) Sufficient finding shall be provided to the Employee Transportation Coordinator
to undertake a program to identify 100 employees and pay 50% of the cost of
transit for those employees.
(vii) The Developer shall promote and encourage variable work hours and flextime
participation by on-site employers.
8. In order to minimize impacts to the roadway network, parcels within Plaza Collina DRI
property shall; subject to environmental constraints, be interconnected to the maximum
extent feasible. The Developer shall cooperate with any city or county-supported efforts
to continue roadways from or through the site with other roadway facilities that are
hereafter endorsed by Lake County. At a minimum, an east-west roadway shall be
constructed in phases within the Project from Lake Boulevard to the west as each site
plan within the Project is developed. Final alignment to be determined at site plan
approval.
9. In order to protect the integrity of CR 50 as a Flonda Scenic Highway and the South
Lake Trail as an attractive and safe facility, the Developer:
(i) Shall preserve and protect the existing oaks along the north property line, unless
unavoidable due to site development. Existing oaks internal to the site shall be
preserved to the maximum extent feasible.
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CITY OF CLERMONT
RESOLUTION NO. 2015-08
(ii) Shall provide native trees and plantings along the property adjacent to the trail
where applicable.
(iii) Shall allow only one access point from CR 50 and no commercial delivery trucks
shall be permitted through this entrance. Deliveries shall be restricted through SR
50 and Lake Boulevard for ingress and egress.
(iv) Shall provide a proportionate share; based on share of traffic on Lake Boulevard,
of a grade separated crossing at Lake Boulevard for the trail, if Lake County
decides to construct such a crossing.
10. Wetland Buffers:
(i) Upland buffers between the on-site wetlands and any type of development or land
alteration shall be established in accordance with St. Johns River Water
Management District permit approvals, but shall be no less than an average 25
feet, minimum 15 feet in width for the on-site preserved wetland, provided that
the dry bottom retention pond is placed adjacent to and outside of the upland
buffer. The berms and dry bottom of the retention area provide additional
buffering to the wetland. In absence of the dry bottom pond being placed adjacent
to the upland buffer, the buffer shall be expanded to a minimum of 25 feet and an
average of 50 feet.
(ii) The on-site depressional wetland and the associated upland buffer shall be placed
under a conservation easement and conveyed to St. Johns River Water
Management District. The conservation easement has been recorded.
Section 11 - Transportation Special Conditions:
1. In order to provide trail user safety, the developer shall provide 10 feet to 15 feet of
additional right-of-way along the South Lake Trail on the northern property line.
2. Lake Boulevard shall be eliminated and two 18-foot wide driveways; one from SR 50 and
another from CR 50, shall be constructed to the existing commercial site.
3. An 8-foot wide trail connecting Plaza Collina property with the South Lake Trail shall be
constructed within the Lake Boulevard right-of-way.
4. Lake Boulevard and South Lake Trail crossing shall be reconstructed/moved away from
CR 50. For more details, see the link below for Lake Boulevard Trail Extension Concept
Plans.
ftp://ftp.co.lake.fl.us/Public Works/Engineering/Plaza%20Collina/Lake%20Blvd.pdf
5. As a developer option, a roundabout could be constructed instead of a three-way
intersection, at the intersection of the central or main Plaza Collina Boulevard and CR 50;
across from Tract "M"'of the Verde Park subdivision. If a three-way intersection is
9
•
CITY OF CLERMONT
RESOLUTION NO. 2015-08
chosen, the developer shall perform a traffic signal warrant study and, when warranted,
install a traffic signal at the subject intersection. At a minimum, the signal warrant study
shall be updated before final build-out. Please see the link below for roundabout concept
plans.
ftp://ftp.co.lake.fl.us/Public Works/Engineering/Plaza%20Collma/Roundabout.pdf
6. The Developer shall install signal heads at all SR 50 Plaza Collina entrances and ensure
that loop detectors, controllers and signal cabinets are working correctly pnor to signal
activation, coordinating with the governing authonty.
7. Pursuant to Section 380.115, Florida Statutes, if a development which has received a DRI
development order is located within a Dense Urban Land Area ("DULA"), as defined
under Section 380.06(29), Florida Statutes, and, therefore, is exempt from further DRI
review, then if requested by the developer or landowner, the development-of-regional-
impact development order shall be rescinded by the local government having jurisdiction
upon a showing that all required mitigation related to the amount of development that
existed on the date of rescission has been completed. The Plaza Collina DRI (pursuant to
that certain Development Order dated January 24, 2006,) has not had any development
activity and, therefore, has not been required to complete any mitigation. Pursuant to the
facts set for above, the City hereby rescinds the Development Order for the Plaza Collina
Development of Regional Impact.
10
CITY OF CLERMONT
RESOLUTION NO. 2015-08
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RESOLUTION NO. 2015-08
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RESOLUTION NO. 2015-08
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13
CITY OF CLERMONT
RESOLUTION NO. 2015-08
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 28th day of April, 2015.
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r1ATTEST '',,,,�_�'��'
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Tracy Ackroyd, City Clerk
Approved as to form and legality:
0,11111
Dame .PIL,ffira :
14