R-05-1438
CITY OF CLERMONT
RESOLUTION
NO. 1438
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1319 TO
ALLOW FOR THE ISSUANCE OF THE CERTIFICATE OF
OCCUPANCY PRIOR TO THE CONSTRUCTION OF THE FRONTAGE
ROAD TO CITRUS TOWER BLVD. OR HANCOCK ROAD.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held May 3, 2005 approved this Conditional Use Permit to amend
Resolution No. 1319 to allow for the issuance of the Certificate of Occupancy prior to the
construction of the frontage road to Citrus Tower Blvd or Hancock Road at the following
location:
LOCATION
2200 E. 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 amend Resolution No. 1319 to allow for the
issuance of the Certificate of Occupancy prior to the construction of the frontage road to Citrus
Tower Blvd or Hancock Road ; 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. No further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
3. Construction plans incorporating all conditions of this Conditional Use Permit shall be
submitted for review and approval by the Site Review Committee prior to the issuance of a
development permit.
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RESOLUTION
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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
has 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. 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.
9. Road way construction of Legends Way shall be completed within nine months of the
certificate of occupancy issued to the hotel.
Section 2 -Land Use
1. The property is to be developed as hotel use only.
Section 3 -Grading and 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.
2. The permittee/developer 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 USDA Soil Conservation Service. A covenant to annex the remaining
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CITY OF CLERMONT
RESOLUTION
NO. 1438
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property on Tracts 13 and 14 prior to development shall be provided prior to construction plan
approval for the hotel.
3. A dust abatement plan shall be submitted to the City detailing measures to be taken to
eliminating the migration of dust particles from the site.
4. All area being modified to a slope of three (3) horizontal to (1) vertical (3 :1) or greater
shall be sodded.
5. A slab survey shall be provided prior to the pouring of the slab.
6. Any additional grading on the site will require approval from the City Council. This does
not include grading for driveway access from State Road 50.
• Section 4 -Transportation Improvements
1. Roadway improvement plans for State Road 50, the reverse frontage road, connector
roads and the project site, including but not limited to, access drives, accel/decel 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. Project specific on-site/off-site transportation
improvements consistent with identified project impacts will be the sole responsibility of the
developer.
2. Prior to any construction, the permittee/developer shall provide a traffic study that
identifies the development's impact on the City's transportation system.
3. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
4. A Florida Department of Transportation (FDOT) permit will be required and filed with
the City for any activity proposed to occur along Highway 50 right-of--way prior to issuance of
development approval or permitting by the City.
5. The driveway onto SR 50 shall be permitted as a right-in/ right-out facility only.
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RESOLUTION
NO. 1438
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6. The permittee shall dedicate up to eighty (80) feet of right-of--way and construct the
reverse frontage road the length of the subject property. Right-of--way dedication shall be
provided prior to any construction or development activity on the site and roadway construction
plans shall be approved by the Site Review Committee. Right-of--way for the planned frontage
road of up to 80 feet in width along the length of Tracts 13, 14 and 15 shall be dedicated prior to
the issuance of a building permit for the hotel.
Section 5 - Signage, Lighting, Landscaping and Architectural Design
1. All required landscaping must be served with a permanent irrigation system, backflow
prevention device, and rain sensor gauge. The system and all dependant devices shall be properly
maintained in perpetuity.
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. A site lighting plan shall be submitted and approved for each parcel developed on the
site. Lighting shall be designed, installed and directed to fall upon the subject site and not
adversely impact abutting properties. All 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.
4. All dumpster and other external equipment sites shall be enclosed with masonry
structures with wooden gates. All such structures and appurtenances shall be landscaped in
accordance with City code and plans approved by the City Site Review Committee.
Section 6 -Architectural Design Standards
Architectural plans for all buildings must be approved by the Site Review Committee prior to
construction plan approval.
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.
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RESOLUTION
NO. 1438
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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 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.
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 of the
grocery and retail stores. All storage of pallets, cardboard boxes, etc. 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.
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RESOLUTION
NO. 1438
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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:
(a) Each large retail establishment 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;
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/or places for sitting.
Signage:
1. Neon tubing shall not be used in building Signage unless within the framework of an
enclosure.
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 fencing, including fencing around water retention areas, shall be ornamental metal;
chain link fencing is prohibited.
• 3. Trailers or Mobile storage systems shall be prohibited.
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RESOLUTION
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4. Architectural finish, building, and landscape design plans for the professional offices
shall be submitted to and approved by the Site Review Committee prior to construction plan
approval.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 24th DAY OF MAY 2005.
~.~.. ~ ~~
~ . arold Turville, Mayor
. Attest:
Tracy Ackroyd, C' y Clerk
C
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