R-04-1415CITY OF CLERMONT
RESOLUTION
NO. 1415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1377 TO
REMOVE THE CONDITION THAT GRAND HIGHWAY BE
RECONSTRUCTED AS A THREE (3) LANE ROADWAY FROM
HIGHWAY 27 TO BLOXAM AVE. PRIOR TO THE ISSUANCE OF A
CERTIFICATE OF OCCUPANCY.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Labe
County, Florida at a meeting held November 2, 2004 denied this Conditional Use Permit ~o
amend Resolution No. 1377 to remove the condition that Grand Highway be reconstructed as la
three (3) lane roadway from Highway 27 to Bloxam Ave. prior to the issuance of a Certificate df
Occupancy at the following location:
GENERAL LOCATION
The Southwest corner of Highway 27 and E. Grand Highway.
The City Council deems it advisable in the interest of the general welfare of the City ~f
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. 1377 to remove the
condition that Grand Highway be reconstructed as a three (3) lane roadway from Highway 27 to
Bloxam Ave. prior to the issuance of a Certificate of Occupancy; be granted subject to tl~e
following conditions:
CONDITIONS:
Section 1 -General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding upop
any heirs, assigns and successors in title or interest.
2. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remov~,
improve, move, convert, or demolish any building or structure, or alter the land in any mann~r
within the boundary of the project without first submitting necessary plans, obtaining necessary
CITY OF CLERMONT
RESOLUTION
NO.1415
Page - 2 -
approvals, and obtaining necessary permits in accordance with the City of Clermont Larpd
Development Regulations and those of other appropriate jurisdictional entities.
3. The applicant shall be required to submit a formal site plan for review and approval by
the City staff. The project shall be designed in substantial accordance with the conceptual plan
presented at the preliminary site review meetings and public hearings with the exception pf
modifications necessary to comply with final CUP conditions.
4. If any of the stated conditions are violated, the applicant understands and agrees that tl~e
City Council may revoke this Conditional Use Permit. ',
5. The Conditional Use Permit must be executed and filed in the office of the City Cle~k
within 90 days of its date of grant by the City Council or the permit shall become null and void.
6. This permit shall become null and void if substantial construction work has not begulp
within two (2) years of the date the Conditional Use Permit is executed and signed by the
appropriate parties. Substantial construction work means the commencement and continuouls
construction of required improvements ultimately finalized at completion.
Section 2 -Land Use
The property is approved for use as a gas station with up to ten (10) fueling stations a car wash
and convenience store.
Section 3 -Transportation Improvements:
1. Only one (1) driveway connection shall be allowed from the site to Grand Highway. This
connection shall be located as far west as possible to meet acceptable transportation safety
planning principles.
2. Grand Highway shall be reconstructed as a three (3} lane roadway from Highway 27 to
Bloxam Ave. prior to issuance of a Certificate of Occupancy for the project. The design of thi
roadway section shall include a westbound left turn into the western most driveway and ar~
eastbound taper into the same driveway.
2
•
CITY OF CLERMONT
RESOLUTION
NO. 1415
Page - 3 -
3. The applicant /developer shall coordinate with the Lake County Public Works Department
via A 1rID Enginecrin~, Inc. on all transportation improvements as to negate duplication of design
and construction as well as the necessity of overlaying the intersection.
4. The applicant shall provide an internal access to the properties to the south by connection
to the existing cross access way.
5. Prior to issuance of a Certificate of Occupancy, Grand Highway shall be reconstructed to
have four lanes at its intersection with US 27; one west bound lane and three eastbound lanes Qo
include: a separate left turn lane, a through lane, an a separate right turn lane.
Provided, however, in the event the aforesaid intersection improvements have not been
completed at the time of application for a Certificate of Occupancy, a Temporary Certificate of
Occupancy shall be issued subject to the following conditions:
• a. vehicular access to the site shall be limited to U.S. 27;
b. the Temporary Certificate of Occupancy shall automatically expire ON~
HUNDRED AND TWENTY DAYS from the date it is issued unless the above-referenced
intersection improvements have been completed; and
c. the applicantldeveloper shall provide to City a performance bond acceptable t{~
City in the amount of ONE HUNDRED AND FIFTY PERCENT (150%) of the estimated
construction costs of the above-referenced improvements. The bond shall be for the purpose of,
and available to, the City to draw the funds to complete the improvements in the event they are
not completed at the time of expiration of the Temporary Certificate of Occupancy.
6. In order to provide a direct alignment of Grand Highway with Citrus Tower Boulevard
the permittee shall dedicate up to ten (10) feet of right-of--way along Grand Highway.
Section 4 -Architectural Design:
1. Architectural finish and elevations for the station shall be reviewed and approved by the
site review staff prior to any development activity to ensure aesthetic considerations are
addressed.
2. Architectural Design standards shall apply to all development on the site.
3. Facades and Exterior Walls:
CITY OF CLERMONT
RESOLUTION
NO. 1415
Page - 4 -
A. The Architectural finish and elevations provided with the CUP application shall be
amended to reflect the knee wall and band design on all four sides of the structures. Amend~d
plans shall be reviewed by site review staff. All signage shall meet city codes and be permitt d
separately.
B. The loading areas shall be properly screened from public view. Buffering shall include blot
not be limited to an enhanced landscape area provided along the rear (west) side of the structure
to create a visual screen for residential properties and the traveling public.
C. All storage of pallets, cardboard boxes, and other materials shall be within a screened
enclosure.
D. Chain link fencing shall be prohibited.
4. Roofs:
A. 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 ar
other design features shall be constructed at a height above the tallest roof top unit. A metal or
other enclosure for roof top equipment does not constitute screening from public view.
5. Materials and colors:
A. The exterior finish of all improvements shall be of high quality materials, including, but
not limited to, brick, stone, stucco and textured concrete masonry units. The finished surface of
exterior walls shall not include smooth-faced concrete block, tilt-up concrete panels o1r
prefabricated steel panels.
6. Signage:
A. Neon tubing and scrolling text message boards are prohibited.
7. Lighting:
A. The height of an outdoor lighting feature shall be a maximum of thirty feet.
•
4
•
CITY OF CLERMONT
RESOLUTION
NO. 1415
Page - 5 -
B. Outdoor lighting poles shall be designed to aim light straight down and be enclosed it a
houseside shield and reflectors to prevent light from projecting in an upward or horizontal
direction. Sag lenses, convex lenses, and drop lenses shall be prohibited.
C. Neon tubing shall not be utilized for building trim or accent areas.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 23rd DAY OF NOVEMBER 2004.
Harold Turville, Mayor
Attest:
r ~ ~, ~
~ ~~ '
~ zZCf ~' C' °~__
Tracy A~kroyd, City erk
5