R-05-1445•
CITY OF CLERMONT
RESOLUTION
NO. 1445
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO AMEND RESOLUTION N0.1177 TO
ALLOW FOR A PLANNED UNIT DEVELOPMENT (PUD) WITH ZERO
LOT LINE SETBACKS AND TO ALLOW FOR A PARCEL THAT DOES
NOT HAVE RIGHT-OF-WAY FRONTAGE.
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 amend
Resolution No 1177 to allow for a Planned Unit Development (PUD) with zero lot line setbacks
and to allow for a parcel that does not have right-of--way frontage at the following location:
LOCATION
Property generally located at the Northeastern corner of Highway 50 and 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 to amend Resolution No
1177 to allow for a Planned Unit Development (PUD) with zero lot line setbacks and to allow for
a parcel that does not have nght-of--way frontage
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; 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. 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.
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RESOLUTION
NO. 1445
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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 necessary
approvals, and obtaining necessary permits in accordance with the City of Clermont Land
Development Regulations and those of other appropriate jurisdictional entities.
4. 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.
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. This permit shall become null and void if substantial work has not begun within two (2)
• years of the date of issuance of this Conditional Use Permit.
Section 2 -Land Use
1. The proposed development may contain up to 202,500 square feet of shopping center
space and in addition the project is approved for up to a maximum of five (5) out parcels,
consistent with the conceptual site plan dated December 1, 2000 as 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 with the exception of a convenience store
and/or gas station which shall be prohibited.
3. The permittee shall reserve a strip of land up to thirty (30) feet in width along the north
and east boundaries of the site for the future South Lake Trail.
4. The existing building on lot 6 shall have a zero lot line setback on the eastern property
line, and the existing building on lot 7 shall have a zero lot line setback along the north and west
property line. The existing parking shall remain as approved with the original site plan approval.
5. Direct right-of--way access shall not be required for lot 7, however, the recorded cross
access easements shall remain unchanged providing access to all parcels within the Planned Unit
• Development.
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RESOLUTION
NO. 1445
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Section 3 -Transportation Improvements
1. Sidewalks shall be required along all public road frontages in accordance with adopted
FDOT and City Codes.
2. Prior to construction and development of the Shopping Center project, the
permittee/developer shall provide a traffic study that identifies the development's impact on the
City's transportation system.
3. Based upon results of the traffic study as referenced in Item 2 above, the City may
require that transportation improvements, necessitated by the portion of the project for which a
building permit is sought, be made at the time of construction of that portion of the project.
Nothing herein shall be construed to limit the right of the applicant to pursue all available
remedies to dispute any specific transportation improvements that may be required by the City.
• Project specific on-site/off-site transportation improvements consistent with identified project
impacts, per the traffic study, will be the sole responsibility of the developer.
4. Right-of--way shall be dedicated and access to the site shall be constructed in accordance
with an existing agreement between Lake County, the City of Clermont, and the developer.
5. All right-of--way necessary for the completion of N. Hancock Rd. from its current
terminus to C.R. 50 shall be dedicated prior to the commencement of construction. This includes
right-of--way for roads and water retention. In addition, right-of--way shall be dedicated to
connect Northridge Blvd. with N. Hancock Rd.
6. Easements shall be provided to access water retention areas from N. Hancock Rd.
7. Right-of--way shall be dedicated for Oakley Seaver Drive from N. Hancock to Citrus
Tower Blvd.
Cross access shall be provided between all adjoining out parcels.
9. Access to each out parcel shall be provided as far from the S.R. 50 and N. Hancock Rd.
rights-of--ways as practical.
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RESOLUTION
NO. 1445
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Section 4 -Excavation and Gradin~/Oueration Plans
1. The applicant has submitted a detailed grading plan in conjunction with this CUP and the
grading plan is hereby accepted by the City Council. 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/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 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.
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Section 5 -Site Imnrovements/Landscauing
1. Architectural finish, building, and landscape design plans for the commercial center and
out parcels 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. Design of the commercial building shall follow the criteria in Section 6 -
Architectural Design Standards.
2. The permittee shall construct a wall and landscaped buffer, in excess of City regulations,
that effectively provides a visual barrier along the east side of the shopping center from the
northeast corner of the main retail space to the southeast corner of the smaller retail space. The
landscape buffer shall be continued along the east side of the shopping center parking lot. It
shall be planted in a level, 10 ft. wide planting area that is at the same elevation as the wall,
building, and parking lot. This buffer will include shrubbery per code and oak trees planted 40
ft. on center. This landscaped buffer is to be constructed at the time of construction of the
shopping center.
3. The landscape buffer on the west side of the project shall be 10 ft. wide with a level
planting area and in addition to the required shrubs, trees shall be planted 40 ft. on center.
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RESOLUTION
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4. The landscape buffer along the north property line shall run from Hancock Rd. to a point
at the northeast corner of the building and tie into the buffer that runs along the east side of the
building.
5. All out parcel landscape buffers along SR 50 and N. Hancock Rd shall be 10 ft. in width.
6. Parking lot landscape islands shall be a minimum of 250 sf in area and 10 ft. in width not
including curb.
7. Slopes of the water retention areas shall be sodded and landscaped with trees.
8. The project shall be plumbed for reuse water. Until such time as reuse water is available,
irrigation water shall be provided for by well.
• Section 6 - Signage
1. All out parcel ground signs shall be monument signs and the overall size of the sign
including sign face and base shall be limited to 100 sf.
Section 7 -Architectural Design Standards
The following standards described in Section 7 herein shall apply 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.
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. The average
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RESOLUTION
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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.
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.
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RESOLUTION
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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.
Outdoor storage:
1. All building or landscape materials stored outside must be within an enclosure. If the
enclosure is not opaque, the enclosure shall consist of columns of the same material as the
primary structure with metal fencing as screening. Plastic slats in chain link fencing will not be
allowed.
• Outdoor display:
1. After business hours, all outdoor inventory must be on a concrete slab and under roof, i.e. an
arcade.
These design standards shall apply until such time as citywide architectural design standards
are adopted
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 26th DAY OF JULY 2005.
Harold Turville, Mayor