R-06-1470CITY OF CLERMONT
RESOLUTION
NO. 1470
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO.
1370 TO ALLOW FOR THE ISSUANCE OF SOME
CERTIFICATES OF OCCUPANCY PRIOR TO THE
INSTALLATION AND OPERATION OF A TRAFFIC SIGNAL AT
THE CORNER OF OAKLEY SEAVER DR AND HIGHWAY 50.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held March 7, 2006 approved this Conditional Use Permit to
amend Resolution No. 1370 to allow for the issuance of some certificates of occupancy
prior to the installation and operation of a traffic signal at the corner of Oakley Seaver Dr
and Highway 50 at the following location:
LOCATION
Oakley Plaza Shopping Center, 1200 Oakley Seaver Dr
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. 1370 to allow for
the issuance of some certificates of occupancy prior to the installation and operation of a
traffic signal at the corner of Oakley Seaver Dr and Highway 50; 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, additions to the use, or additions to the facility
shall be permitted except as approved by another Conditional Use Permit.
3. The property shall be developed in substantial accordance with the conceptual site
plan dated May 2004 and prepared by McCoy and Associates, (hereafter called
"Conceptual Site Plan"). Formal site development plans, incorporating all
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• RESOLUTION
NO. 1470
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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 site plans
shall meet all submittal requirements and comply with the conditions of this
Resolution, applicable City Codes, Regulations, Ordinances, and the City
Comprehensive Plan, as amended. The conceptual site plan submitted with the
Conditional Use Permit application is not the approved final development plans.
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.
6. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
7. If any of the stated conditions are violated, the applicant understands and agrees
• that the City Council may revoke this Conditional Use Permit.
8. 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.
9. This conditional use 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.
Section 2 -Land Use
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1. The proposed development will consist of a shopping center to include
restaurants, retail, light duty auto service, oil change facility, full service car
wash, and professional office.
2. Only one (1) of the restaurants proposed to be located on the out parcels shall be
permitted to have a drive through window.
3. Out parcels shall be limited to one structure per out parcel.
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RESOLUTION
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4. Hours of operation for the light duty auto service facility (Tire Kingdom) shall be
limited from 7:00 a.m. to 7:00 p.m. The light duty auto service facility shall
remain closed on Christmas, Easter and Thanksgiving.
5. The car wash and oil change hours of operation are limited from 7:00 a.m. to 8:00
p.m.
6. The oil change facility shall not utilize power hydraulic or air powered tools. All
operations within the oil change facility shall be performed by hand tools.
Section 3 -Site Development
1. The applicant shall submit a detailed excavation, grading and erosion control plan
for the site during the site plan review process which must be approved by the
City Site Review Committee prior to initiation of development activity.
2. Noise levels during construction shall not exceed those recommended by the
Florida Department of Environmental Protection. Any vibratory compaction shall
• be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday through Saturday only.
Vibrations shall be limited to avoid any damages to neighboring persons or
properties. Heavy Equipment and normal work operations will be allowed on the
site between the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday.
Heavy Equipment or heavy machinery engines will not be started earlier than 7:00
A.M. on any approved workday.
3. All excavated material shall be stored in a location approved by the City
Engineer.
4. Geotechnical information regarding the soil characteristics of the site shall be
submitted to the City as part of the Site Review process.
5. The permittee/developers shall provide both temporary and permanent grassing
including fertilizer application on all 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 (BMPs) of the U.S.D.A. Soil Conservation Service.
6. 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. The plan must
specifically outline those measures recommended by the United States
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Department of Agriculture Soil Conservation Service and the Florida Department
of Environmental Protection.
7. All areas being modified to a slope of three (3) horizontal to one (1) vertical (3:1),
such as water retention areas, shall be sodded.
8. Ingress/egress to the site for construction shall be as approved by the City Site
Review Committee.
9. The Developers will construct a six foot stucco wall on the north side of the
service drive, behind Tire Kingdom and the Elite Car Wash. The wall will begin
at the property line between the Messy Dog, LLC and Pavilion Land Company
ending at the southeast corner of Lot 4, Southlake Forest Sub. (Ratliff parcel) The
developers will landscape the north side of the wall with trees and ivy or shrubs.
10. The Developers will construct a four foot stucco wall on the north end of the
property, between the Messy Dog ,LLC and Pavilion Land Company, stretch
east, northeast between the parking lot and the water retention area up to the
• northern end of the parking lot -turning east (parallel to Hunt Race Blvd.). The
wall will be designed to meet acceptable visibility safety standards. The developer
will landscape both sides of the wall.
11. The Service Bays for Tire Kingdom shall be designed and constructed so as the
open bays do not face west (turned inward).
12. The Car Wash facility shall be designed and constructed with sound attenuating
devices (mufflers) added to the vacuum system and dryers placed at the greatest
distance from the residential zones.
13. The Developers are required to conduct all uses on the property that the decibel
level as measured at the property line of adjacent residential properties shall not
exceed seventy (70) decibels
Section 4 -Transportation Improvements
1. The permittee shall purchase and install streetlights per City code along Oakley
Seaver Drive frontage. Installation and maintenance of lighting internal to the
project shall be the responsibility of the permittee.
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2. Prior to construction and development of the Planned Unit Development project,
the permittee/developer shall provide a traffic analysis that identifies the
development's impact on the City's transportation system. Based upon results of
the traffic study, 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. The permittee/
developer shall pay a pro rata share of improvement costs based on traffic counts
prior to the issuance of the first certificate of occupancy for the shopping center
portion of the project. 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.
3. Roadway improvement plans for State Road 50, Citrus Tower Boulevard, Oakley
Seaver Drive and Hancock Road, 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.
4. Ingress and egress to the site for construction shall be as approved by the City Site
Review Committee.
5. No driveway access shall be provided from Hunt Trace Boulevard.
6. A northbound left turn land from Oakley Seaver Drive into the site shall be
provided at the northern driveway (north entrance) on Oakley Seaver Drive.
7. A revised site plan shall reflect he median on Oakley Seaver Drive (at the middle
access point) shall be extended north to properly reconfigure the proposed
intersection.
8. A signal at the intersection of SR 50 and Oakley Seaver Drive shall be installed
and operational prior to the issuance of a certificate of occupancy or certificate of
completion for the properties, except that Tire Kingdom be allowed a certificate
of occupancy; and that the primary building shell and the five suites (108, 109,
110, 111, and 213) be allowed a certificate of occupancy and completion,
respectively, prior to traffic signal installation and operation, provided that the
remaining CUP site development requirements are met.
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RESOLUTION
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Section 5 -Site Improvements/Landscaping
1. The landscape buffer on the north property line shall run the length of the entire
parcel, including the water retention area. The Developer shall landscape both
sides of the wall, as reflected in the conceptual plan for Resolution 1370, dated
May 2004.
2. All walls and buffers shown on the Conceptual Site Plan dated May 2004 must be
constructed as shown, and must be maintained in good condition for the duration
of this Permit.
Section 6 -Utilities
1. The permittee shall connect to the water line on the frontage road and extend the
water main on Oakley Seaver Drive to S.R. 50 and terminate at the S.R. 50 right-
of-way with a cross, three valves, and a hydrant at the Southeast corner of the
property. The water main shall be shown in the Oakley Seaver Drive right-of-
way and shall be installed using ductile iron pipe under pavement.
• 2. Irrigation water shall be provided by well until such time as reuse water is
available. The irrigation system shall be constructed using purple pipe to
designate reuse water.
3. The permittee shall be responsible for purchasing, installing, and maintaining fire
hydrants within the project. They shall be installed according to City code.
4. The permittee shall provide a stub out from the Southwest manhole to the
property line.
5. The restaurants will be required to install grease traps at a size to be determined
by the Public Works Director.
Section 7 -Signage
No new Signage shall be allowed on Hunt Trace Boulevard.
2. One monument sign on State Road 50 not to exceed fifteen (15) feet in height and
150 square feet in size.
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3. One monument sign on Oakley Seaver Drive not to exceed ten (10) feet in height
and 100 square feet in size
Section 8 -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 structures. 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.
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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:
Each use shall have a clearly defined customer entrance featuring three or more of the
following:
1. Canopies or porticos;
2. Overhangs;
3. Recesses/Projections;
4. Arcades;
5. Peaked roof forms;
6. Arches;
7. Tile work and moldings which are integrated into the structure and design.
8. Integral planters or wing walls that incorporate landscaped areas and/or sitting
areas.
Signage:
1. Neon tubing shall not be used in building signage. The letters in the Signage shall
be the primary color.
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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. No portion of the bulb shall extend beyond
the bottom of the shroud.
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure.
2. Mobile storage systems shall be prohibited. Mobile storage systems are the metal
shipping containers and trailers that are used to store additional inventory outside
of the store.
Other:
1. Chain link fencing shall be prohibited.
• 2. 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 14th DAY OF MARCH 2006.
Harold Turville, Mayor
AT ST:
Tracy c oyd, City Clerk
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