Resolution No. 2020-20Rdy
CITY OF CLERMONT
C a RESOLUTION NO.2020-20R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO A CONDITIONAL USE PERMIT (RESOLUTION 1488)
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 June 2, 2020, recommended approval of this amendment to the
Conditional Use Permit (Resolution No 1488) to allow for an expansion to the existing Lowes
Home Improvement Store; at the following location:
LOCATION:
Lowes Home Improvement Store
1501 Sandy Hooks Avenue
(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 (Resolution No 1488) is
to allow for an increase to the existing Lowes Home Improvement 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.
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.
CITY OF CLERMONT
C� d a RESOLUTION NO.2020-20R
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.
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.
10. Outdoor speaker/ public announcement systems shall only be used during the hours of
7:00 A.M. to 7:00 P.M. Should the outdoor system be determined a nuisance to the
surrounding area by the City, the City my require it to be eliminated within 60 days of
notification.
11. One outdoor mobile Food Vendor cart may be located in front of the Garden Center, and
shall adhere to the following conditions:
(a) Limited to 100 square feet.
(b) Bench seating allowed.
(c) No advertising signage.
(d) Maximum hours of operation: 11:00 A.M. until 7:00 P.M.
(e) Shall not inhibit pedestrian flow and shall not block sidewalk or fire lane.
(f) Relocation of any Vendor Cart shall require approval of the City Site Development
Review Committee.
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SECTION 2. Land Use
CITY OF CLERMONT
RESOLUTION NO.2020-20R
1. This Conditional Use Permit to amend (Resolution No 1488) to allow for a building
addition of approximately 3,500 square foot and for a 1,500 square foot outdoor storage
area for tool rentals at the existing site. The existing Conditional Use Permit allows up to
172,000 square foot building area, the addition will provide an increase up to the maximum
of 178,000 square feet building area. The 3,500 square foot building addition shall be
consistent with the Conceptual Site Plan dated 3/4/2020 (Exhibit A) as prepared by CPH,
Inc. The outdoor storage area shall be consistent to the existing outdoor storage and
completely screened from public view and any rights -of way.
2. The site shall comply with the C-2 General Commercial Zoning District of the Clermont
Land Development Regulations unless otherwise stated in this Resolution. All building
shall maintain a 25-foot setback from City and County rights -of -way, and 25-foot setback
from adjacent properties.
3. Go Dark Requirements:
(a) Any and all future leases by Owner, its assigns or transferees shall provide that in the
event any tenant of any of the premises contemplated herein ceases to conduct
business for a period of six (6) months the Lease shall be automatically terminated
without cause. For purposes of this section, conducting business shall be defined as
the Tenants failure to maintain wholesale or retail operation for members of the
public and shall not include the following events:
(i) the failure of Landlord to commence or complete construction of the premises;
(ii) alteration, repair, or restoration of the Premises;
(iii) interruption of utilities;
(iv) fire or other casualty;
(v) default by Landlord;
(vi) eminent domain;
(vii) force of nature.
(b) Owner on its behalf and that of its assigns and transferees expressly agrees that it will
enforce the lease provision set forth above as an express condition of 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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OF CLERMONT
C� . RESOLUTION NO.2020-20R
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 street frontages in accordance with City
Codes.
2. All transportation improvements identified and required with Resolution No 1488 shall
remain enforceable and shall aggregate any amendments of this resolution.
SECTION 5. Utilities and Storm water
A St. John's River Water Management District Stormwater Permit shall be required and
filed with the City prior to receipt of a building permit or any development activity on the
site.
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. Cardboard recycling dumpsters shall be in dumpster enclosures constructed per Code.
All Landscape Buffers and Site Improvements shall conform to the Land Development
Regulations and Clermont Codes.
SECTION 7. Signage
I . All signs shall conform to Clermont Land Development Regulation and Building Codes.
2.
SECTION 8. Architectural Design Standards
Architectural Plans for all buildings must be approved by the Site Review Committee prior
to Construction Plan approval.
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CITY OF CLERMONT
C� d� RESOLUTION NO.2020-20R
2. All building structures shall be similar in design and color as the primary building facade
and constructed in accordance with the design regulations for the Clermont Architectural
Design Standards, unless otherwise approved by the City of Clermont Site Review
Committee.
3. The loading areas must be completely screened from public view and streets. Screening
shall include but not be limited to provision of a minimum 10-foot wide landscape buffer
along the rear and sides of the retail stores. All outside storage shall be completely screened
from public view any public rights -of -way.
Lighting:
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 fencing shall be decorative ornamental metal; chain link fencing is prohibited.
Miscellaneous:
1. Cart corrals or returns shall be provided for in the parking lot. No advertising shall be
allowed on the cart corrals.
2. All fencing, including fencing around water retention areas, shall be ornamental metal and
decorative; chain link fencing is prohibited.
CITY OF CLERMONT
RESOLUTION NO. 2020-20R
Exhibit A - Conceptual Site Plan
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CITY OF CLERMONT
'rh d RESOLUTION NO.2020-20R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this day of June 2020.
CITY OF CLERMONT
Tracy Ackroyd Howe, City Clerk
Daniel F. Mantzaris, City Attorney