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R-05-1443CITY OF CLERMONT RESOLUTION NO.1443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A COMMERCIAL DEVELOPMENT TO INCLUDE RESTAURANTS AND RETAIL STORES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held July 5, 2005 approved this Conditional Use Permit to allow for the construction of a commercial development to include restaurants and retail stores at the following location: LOCATION Property generally located at the South side of Highway 50, approximately 330 feet east of Hancock 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 the construction of a commercial development to include restaurants and retail stores; be granted subject to the following conditions: CONDITIONS: Section 1 -General Conditions 1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor in title or interest, and shall be subject to each and every condition herein set out. 2. The property shall be developed in substantial accordance with the conceptual site plan as prepared by KCG Inc dated 5-10-05. Construction plans incorporating all conditions of this permit shall be submitted for review and approval by City staff prior to authorization and issuance of a development permit. The conceptual plan submitted with the CUP application is not an approved site plan. • • CITY OF CLERMONT RESOLUTION NO. 1443 Page-2- 3. Upon approval of the resolution the aforementioned property shall only be used for the purposes described herein. No further expansion of the use or additions to this project shall be permitted except as approved by another Conditional Use Permit. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. 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. Prior to the issuance of any permits, the applicant shall be required to submit formal site plans for review and approval by the City of Clermont Site Review Committee. The site plans shall meet all submittal requirements and comply with the conditions of this Resolution, applicable City Codes, Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as amended. • 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. This permit shall become null and void if substantial work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. Section 2 -Land Use 1. The proposed development may contain up to 39,000 square feet of shopping center space and in addition the project is approved for up to a maximum of four (4) out parcels, consistent with the conceptual site plan prepared by KCG, Inc. 2. The allowable uses shall be those uses indicated within the C-2 Zoning Category of the City of Clermont Land Development Regulations. Section 3 -Transportation Improvements 1. Sidewalks shall be required along all public road frontages in accordance with adopted FDOT and City Codes. • 2 . CITY OF CLERMONT RESOLUTION NO. 1443 Page - 3 - 2. Prior to construction and development of the Shopping Center project, the permittee/developer shall provide a traffic analysis which identifies the development's impact on the City's transportation system. Section 4 -Excavation and Gradin~/Operation Plans 1. The applicant shall submit a detailed excavation, grading and erosion control plan for the entire site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity. 2. The permittee/developers shall provide ground cover on all out parcel and disturbed areas, where construction is not immediately intended. Said plan shall be provided in accordance with an approved ground cover plan acceptable to the City in accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service. 3. A dust abatement plan shall be submitted to the City detailing measures to be taken in • eliminating the migration of dust particles from the site. Section 5 -Utilities 1. The wastewater collection system shall be constructed in accordance with the City's master plan. This may include, but not be limited to, a regional lift station and associated gravity pipe and force mains to connect to the City's existing collection system. Section 6 -Site Improvements/Landscaping 1. Architectural finish, building, and landscape design plans for the commercial center shall be submitted and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are not adversely impacted. 2. The permittee shall construct a landscaped buffer, in excess of City regulations, that effectively provides a visual barrier along the rear of the shopping center. This landscaped buffer is to be constructed at the time of construction of the shopping center. n U 3 • CITY OF CLERMONT RESOLUTION NO. 1443 Page - 4 - Section 7 -Architectural Design Standards Architectural finish and building plans for the commercial center shall be submitted and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are properly addressed. The following design standards shall apply to all development on the site and shall apply until such time as citywide architectural design standards are adopted unless otherwise approved by the City of Clermont Site Review Committee. 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: 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. • 4 S CITY OF CLERMONT RESOLUTION NO. 1443 Page - 5 - 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: (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. The letters in the Signage shall be the primary color. 2. Signage may include store identification including garden center and contractor pickup, etc., but not advertising such as "We Sell for Less" or "Low Prices", etc. • 5 • • CITY OF CLERMONT RESOLUTION NO. 1443 Page-6- Lighting: 1. Light poles shall not be painted in primary colors and they shall be no greater than 25 ft. in height. 2. 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 of 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 not 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. Outdoor storage: 1. All materials stored outside must be within an opaque enclosure. Chain link fencing is prohibited. Miscellaneous: 1. Cart returns in the parking lot shall be provided for those stores that provide shopping carts. 2. Mobile storage systems are metal shipping containers and trailers that are used to store additional inventory outside of the store. Mobile storage systems shall be prohibited. 3. Chain link fencing shall be prohibited. Fencing around water retention areas and all other fencing shall be ornamental metal fencing. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 23~a DAY OF AUGUST 2005. ~`°~, 'ATTEST: m Traci Ack~oyd, City Clerk ~.~ ~. ~ 6 Harold Turville, Mayor ~,~: