R-07-1519CITY OF CLERMONT
RESOLUTION
NO. 1519
Page 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A PLANNED UNIT
DEVELOPMENT CONSISTING OF RETAIL STORES, RESTAURANTS,
AND GAS STATION/CONVENIENCE STORE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lae
County, Florida at a meeting held March 6, 2007 recommended for denial of this Conditional
Use Permit to allow for a Planned Unit Development consisting of retail stores, restaurants, aid
gas station/convenience store.
LOCATION
Southeast corner of U.S. Hwy. 27 and Steve's Road
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 for a Planned Unit Development
consisting of retail stores, restaurants, and gas station/convenience store; 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. The property shall be developed in substantial accordance with the conceptual
Conditional Use Plan site plan dated February 1, 2007 as prepared by KCG Inc. Forrmal
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 Conditional Use Plan site plans submitted with the CT~1P
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 approvals,
CITY OF CLERMONT
RESOLUTION
NO. 1519
Page 2
and obtaining necessary permits in accordance with the City of Clermont Land Development
Regulations and those of other appropriate jurisdictional entities.
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 Manager 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 begin
within two (2) years of the date of this Conditional Use Permit is executed and signed by tie
permittee. "Substantial construction work" means the commencement and continuous
prosecution of construction of required improvements ultimately finalized at completion.
8. The convenience store portion of the gas station & convenience store shall be closed from
12:00 midnight to 6:00 A.M.
9. The gas station shall have an attendant at all times, including dawn to dusk. ',
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10. The Gas Station owner shall abide by any future vapor recovery system ordinance if
enacted prior to building permit application.
11. An emergency generator shall be installed to allow continuous operation of the gas
station in the event of any power shortages.
12. A security guard shall be on the premises for the anchor building (BJ's).
13. Surveillance cameras shall be installed and operational for the parking lot of the anchor
store (BJ's). I,
14. The development shall be constructed in substantial compliance with the architectural
elevations as presented by the applicant and owner and attached as Exhibit "A".
Section 2 -Land Use
1. This permit is for a mixed merchant center including an anchor building and six
additional retail buildings not to exceed 182,954 square feet, a gas station, and six outparcel sites
fronting U.S. 27. The total square feet not to exceed 400,000. CLERMONT CROSSING AT
CITY OF CLERMONT
RESOLUTION
NO. 1519
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LOST LAKE -will include those uses as permitted in the C-1 Light Commercial Zoning District,
retail merchants, personal services, professional offices, and restaurants consistent with the
conceptual Conditional Use Plan site plan dated, February 1, 2007 as prepared by KCG Inc.
2. 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 Lodal
Business Tax Receipt from the Clermont City Clerk.
3. The development and uses shall be consistent with the regulations in the C-1 Light
Commercial District, or those uses contained within this CUP.
4. Go Dark Requirements:
(a) Any and all future leases by Owner, its assigns or transferees shall provide that in t~e
event any tenant of any of the premises contemplated herein ceases to condtjct
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
general 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 - Physical Site Development j
1. Detailed radin erosion control, and dust abatement laps for the entire site shall Ibe
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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 tal~en
to eliminate the migration of dust particles from the site.
2. All excavated material shall be stored in a location approved by the City Engineer.
3. Geo-technical information regarding the soil characteristics of the site shall be submitted', to
the City as part of the Site Review process.
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RESOLUTION
NO. 1519
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5. The permittee/developers shall provide both temporary and permanent grassing including
fertilizer application on all disturbed areas where construction is not immediately intended. Saxd
plan shall be provided in accordance with an approved ground cover plan acceptable to the Citty
in accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation
Service.
Section 4 -Transportation Improvements
1. The developer shall coordinate with the Lake County Public Works Department on all
transportation improvements as to negate duplication of design and construction.
2. Sidewalks shall be required along all public road frontages, including U.S. 27, in
accordance with FDOT regulations and City Codes. Sidewalks along U.S. 27 may be delayed,
with approval by City staff, due to the widening of the road.
3. The City may require that transportation improvements, necessitate 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. Cross access shall be provided between outparcels 1, 2 and 3, and between outparcels 4, 5,
and 6.
5. Steve's Road shall be constructed from Highway 27 east to Citrus Tower Blvd. before any
certificates of occupancy are issued.
6. Roadway improvement plans for Steve's Road, Highway 27, additional public streets,
and the project site, including but not limited to, access drives, accel/decal lanes, turn lanes,
traffic signalization devices, and internal signage and traffic movement lanes shall be submitted
to and approved, appropriately, by the City Site Review Committee, the Florida Department of
Transportation and Lake County prior to commencement of any development activity for any
portion of the project.
7. At such time as signalization is determined warranted and necessary at the intersection!, of
Highway 27 and Steve's Road the permittee/developer shall be responsible for the installation, of
the traffic light. Project specific on-site/off-site transportation improvements consistent with
identified project impacts will be the sole responsibility of the developer.
8. Access along Highway 27 shall be limited to one right-in, right-out located at the center of
the site, between out parcels 3 and 4; and one directional median cut at the south end of the site
next to out parcel 6. South bound movements from the site onto Highway 27 shall be prohibited
from this location.
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RESOLUTION
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9. Median cuts along Steve's Road shall be limited to one right-in right-out driveway adjacent
to outparcel #1, and one full median cut located approximately 800 feet from Highway 27.
10. The north/south reverse frontage road shall be dedicated and constructed prior to ashy
certificate of occupancy being issued to the development.
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 ~n
engineer and approved by the Utility Director. 'i
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.
Section 6 -Landscaping
1. The landscape design for all parking areas, buffers, rights of way, pedestrian ways aid
focal points shall be unified and complementary to the ambiance of the center.
2. All landscape plans and plantings shall meet or exceed the City of Clermont Code.
Section 7 -Architectural Design Standards
All structures shall be designed and constructed in accordance with the following design
standards:
Facades and Exterior Walls:
1. Ground floor facades 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 horizo tal
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. ~To
uninterrupted length of any facade shall exceed one hundred (100) horizontal feet.
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RESOLUTION
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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 ft. wide landscape buffer along the rear
or a four foot landscape area and brick wall. All storage of pallets, cardboard boxes, etc. shall the
within screened enclosures. ~I
Roofs:
1. Parapet walls or other design features shall be used to conceal flat roofs and rooftpp
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 fram
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) Hof
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 'lor
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 off' 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:
(a) Each establishment greater than 5,000 square feet in size shall have a clearly defined
customer entrance featuring no less than three (3) of the following: '~
1. Canopies or porticos;
2. Overhangs;
3. recesses/projections;
4. Arcades;
5. Peaked roof forms;
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RESOLUTION
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6. Arches;
7. Architectural details such as the work and moldings which are integrated into the
building structure and design;
8. Integral planters or wing walls that incorporate landscaped areas and areas for sitting.
Si~nage:
1. All signs for the project shall be monument signs or wall signs.
2. Flag poles shall have maximum height of 30 feet above grade.
Li~htin~
1. Light fixtures; types. All light fixtures, including security lighting, shall be cutoff
fixtures, and shall be incorporated as an integral design element that complements the design lof
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 riot
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.
2. Height. The height of an outdoor lighting fixture (inclusive of the pole and light
source/luminaire) shall be a maximum of thirty feet (30') within a parking lot, and a maximum
of fifteen feet (15') within anon-vehicular pedestrian area. Height shall be measured from the
finished grade to the top of the light fixture.
3. Pedestrian walkways and bikeways. In pedestrian walkways or bikeways the light
fixture/luminaire shall be decorative in appearance, style and finish.
Section 8 -Site Improvements
Outdoor storage:
1. All materials 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. Cart corrals or returns may be provided for in the parking lot. No advertising shall jbe
allowed on the cart corrals.
Outdoor displace
1. Outdoor display of merchandise is prohibited.
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RESOLUTION
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Fencing:
1. All fencing within public view shall be ornamental metal or brick, and shall be finished.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ON THIS 26th DAY OF JUNE, 2007.
Harold Turville, Mayor
A'T'TEST:
Tracy Ackroyd,~City Clerk