Resolution No. 2019-21R CITY OF CLERMONT
C�LERWONT RESOLUTION NO. 2019-21R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO A CONDITIONAL USE PERMIT (RESOLUTION 1316
AND 2016-12) TO ALLOW FOR AN EXPANSION TO THE EXISTING
BUILDING IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING
DISTRICT.
WHEREAS,the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held on September 3, 2019, recommended approval of this amendment to the
Conditional Use Permit to allow for an expansion to the existing Walmart Building; at the
following location:
LOCATION:
Walmart Supercenter
1450 John's Lake Road
(Alternate Key 3836309)
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 an amendment to the Conditional Use Permit is to allow for an increase
to the existing Wal-Mart Store, 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.
1
dam.
CITY OF CLERMONT
C .a RESOLUTION NO. 2019-21R
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
have 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. 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. 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 Conditional Use Permit is to allow an automotive/truck rental services business be
located at the existing Wal-Mart Super-Center that will include general retail sales, a
garden center, liquor store, grocery store, pharmacy, personal services, professional
offices, restaurants, a gas station, and a Tire and Lube Express. The maximum permitted
floor space is 230,000 square foot. The 3,112 square foot building addition shall be
consistent with the Conceptual Site Plan dated 7/29/2019(Exhibit A)as prepared by CPH,
Inc.
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.
2
d
CITY OF CLERMONT
Cljea a,. RESOLUTION NO. 2019-21R
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 United States Department of Agriculture 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. Highway 27, in
accordance with Florida Department of Transportation and City Codes.
2. Based upon results of the traffic study, the City may require that transportation
improvements, necessitated by the portion of the project for which a building permit is
sought, be made at the time of construction of that portion of the project. Project specific
on-site/off-site transportation improvements consistent with identified project impacts,per
the traffic study, will be the sole responsibility of the developer.
3. Citrus Tower Boulevard shall be constructed from Hooks Street to Johns Lake Road prior
to issuance of the Certificate of Occupancy for the Wal-Mart Supercenter.
4. The right-of-way for the frontage road shall be dedicated prior to Construction Plan
approval. The frontage road shall be constructed from Citrus Tower Boulevard to the north
property line prior to issuance of a Certificate of Occupancy.
5. A signal warrant analysis for the intersection of U.S. Highway 27 and Johns Lake Road
shall be completed and submitted to Florida Department of Transportation prior to
Construction Plan approval. The Certificate of Occupancy for the Wal-Mart store will not
be issued until the signal is installed and operational.
6. A signal shall be installed and operational at the intersection of Citrus Tower Boulevard
and Johns Lake Road prior to the issuance of a Certificate of Occupancy.
7. Dual southbound left-turn lanes from U.S. Highway 27 onto Johns Lake Road shall be
constructed prior to issuance of a Certificate of Occupancy. An additional eastbound lane
with appropriate turn lanes shall be constructed on Johns Lake Road between U.S.
Highway 27 and Citrus Tower Boulevard.
8. A mass transit stop shall be provided on site in accordance with the Lost Lake Reserve
Development of Regional Impact and Planned Unit Development.
3
CITY OF CLERMONT
!�.a�.�,� RESOLUTION NO. 2019-21R
SECTION 5. Utilities and Storm water
1. Restaurants will be required to install grease traps at a size to be determined by the
Environmental Services Director.
SECTION 6. Landscaping and Miscellaneous Site Improvements
1. Side slopes of the water retention areas shall be sodded and landscaped with trees. Trees
shall be provided in the water retention areas that are appropriate for the soils and
hydrology of the area.
2. 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.
3. Cardboard recycling dumpsters shall be in dumpster enclosures constructed per Code.
SECTION 7. Signage
1. All signs for the project shall be monument signs and their size and height, and so forth,
shall be in accordance with the approved Lost Lake Planned Unit Development and the
pending sign revision ordinance.
2. Only the lettering of the brand name on the fascia of the gas station canopy may be lit.
SECTION 8. Architectural Design Standards
1. Architectural Plans for all buildings must be approved by the Site Review Committee prior
to Construction Plan approval.
2. All structures shall be designed and constructed in accordance with the following design
standards and the pending Architectural Design Ordinance unless otherwise approved by
the City of Clermont Site Review Committee.
Facades and Exterior Walls:
1. Ground floor façades that face public streets shall have arcades, display windows, entry
areas, awnings or other such features along no less than sixty (60) percent of their
horizontal length.
2. Facades greater than one hundred (100) feet in length, measured horizontally, shall
incorporate wall plane projections or recesses having a depth of at least three (3) feet. No
uninterrupted length of any facade shall exceed one hundred (100) horizontal feet.
4
CITY OF CLERMONT
C .da.�. RESOLUTION NO. 2019-21R
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-foot wide landscape buffer along
the rear of the grocery and retail stores. All storage of pallets, cardboard boxes, and so
forth, shall be within screened enclosures.
Roofs:
1. Parapet walls or other design features shall be used to conceal flat roofs and rooftop
equipment such as HVAC units from public view from all sides of the building. Parapet
walls or other design features shall be constructed at a height of at least one(1) inch above
the tallest roof top unit. A metal or other enclosure for roof top equipment does not
constitute screening from public view. The average height of such parapets shall not
exceed fifteen(15)percent of the height of the supporting wall and such parapets shall not
at any point exceed one-third (1/3) of the height of the supporting wall.
2. No uninterrupted length of any roofline or parapet wall shall exceed one hundred (100)
horizontal feet.
Materials and colors:
1. The predominant exterior finish shall be of high quality materials,including,but not limited
to, brick, stone, stucco and textured concrete masonry units. The finished surface of the
exterior walls shall not include smooth-faced concrete block, tilt-up concrete panels or
prefabricated steel panels.
2. Facade colors shall be low reflective, subtle, neutral,or earth tone colors. The use of high-
intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
3. Building trim and accent areas shall be limited to one primary color. The use of a primary
color in the building trim is limited to a one (1) foot wide band around the building. Neon
tubing shall not be an acceptable feature for building trim or accent areas.
Entryways:
1. Each large retail establishment shall have a clearly defined customer entrance featuring
no less than three (3)of the following:
a. canopies or porticos;
b. overhangs;
c. recesses/projections;
d. arcades;
e. peaked roof forms;
f. arches;
g• architectural details such as tile work and moldings which are integrated into the
building structure and design;
5
d✓
C CITY OF CLERMONT
ClmdOvgm RESOLUTION NO. 2019-21 R
h. 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 unless within the framework of an
enclosure. The blue background color for the Wal-Mart Supercenter signs shall be reduced
to a limited area around the lettering. This area is to be determined by staff during Site
Plan Review.
2. Signage may include store identification including garden center and contractor pickup,
and so forth, but not advertising such as "We Sell for Less" or"Low Prices", and so forth.
Lighting:
1. Light poles shall not be painted in primary colors. 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.
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure.
2. All landscape materials stored outside must be within an enclosure. If the enclosure is not
opaque,the enclosure shall consist of columns of the same material as the primary structure
with ornamental metal fencing as screening.
3. All fencing shall be ornamental metal; chain link fencing is prohibited.
Outdoor display:
1. Outdoor display will only be allowed by the garden center; this area shall be clearly
delineated on the Site Plan. Outdoor display shall be separated into two categories: daily
display and seasonal display. Daily display is to be taken into the store at the end of each
business day, while seasonal display may remain outside overnight. Outdoor storage of
inventories of fertilizer and landscaping materials, or any other inventory, is prohibited.
Flowers that are displayed outside must be on movable carts and brought in after business
hours. Parking spaces cannot be used for any outdoor display or storage of inventory.
Miscellaneous:
1. Cart corrals or returns shall be provided for in the parking lot. No advertising shall be
allowed on the cart corrals.
6
d✓:
CITY OF CLERMONT
• ChMOLOO RESOLUTION NO. 2019-21R
2. Outdoor storage of inventory in trailers or other storage systems shall be restricted to the
six (6) parking spaces identified for this use on the approved Site Plan, and can only be
utilized during the months of October through January.
3. All fencing, including fencing around water retention areas, shall be ornamental metal;
chain link fencing is prohibited.
7
CaQm• CITY OF CLERMONT
RESOLUTION NO. 2019-21R
Exhibit A - Conceptual Site Plan
I ' _•.... '. _�.T_ Pola.e i ...RAY.aMa Mean wt• ff '''
;1
I
'i 6, I j ... A •` • IIIIIMMIIII..wn..wawa
• \.t ..ate NVow.*no`.vmw S,
• . .onaww.mns..aro ma•
lb , MN 3441:683 cow avia...ab
�� r -
' ,fi _ —
::.l.-.'..c..,7ai—s.—-i,..,........,..:iE...Ff:E...:;
1 ; ,i m::. C3 — c=1.2 ±, ,/ • I', r i`1.
� ' , � _:fir '\ %
8
dy
C� CITY OF CLERMONT
RESOLUTION NO. 2019-21 R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 24th day of September, 2019.
00 / CITY OF CLERMONT
•
7 / /
�y b�
y✓ Gail L. Ash, a or
ATTEST:
rig
Tracy Ackroyd Howe, City Clerk
Approved as to form and legality:
D!4s' , Fl orney