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R-06-1472CITY OF CLERMONT RESOLUTION • NO. 1472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1308 TO ALLOW FOR RESIDENTIAL, PROFESSIONAL OFFICE, PERSONAL SERVICE, LOUNGE, MEDICAL OFFICE, FINANCIAL INSTITUTION AND RESTAURANT USES. 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. 1308 to allow for residential, professional office, personal service, lounge, medical office, financial institution and restaurant uses at the following location: LOCATION 2400 S. Highway 27 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. 1308 to allow for residential, professional office, personal service, lounge, medical office, financial institution and restaurant uses ; 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. The property shall be developed in substantial accordance with the conceptual site plan prepared by Farner Barley and Associates, Inc. and dated February 24, 2003. Formal 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 site plans submitted with the CUP application are not the approved construction plans. r~ U CITY OF CLERMONT RESOLUTION • NO. 1472 Page - 2 - 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. Section 2 -Land Use 1. The proposed development may consist of residential, retail, professional office, personal service, lounge, medical office, financial institution, and restaurant uses. 2. The lounge use shall be defined as the following Ultra Lounge: An establishment devoted to serving or providing alcoholic beverages for consumption on the premises, in conjunction with the sale of food and the proper controls in place to maintain the integrity of the establishment while complying with all applicable laws, regulations and ordinances. Conditions/Stipulations: Entertainment -All entertainment shall be conducted internally. • 2 CITY OF CLERMONT RESOLUTION • NO. 1472 Page - 3 - 2. Safety -The security staff located on premises during business hours will maintain the safety and well being of the guests. 3. In the event City Staff determines that the operation of a Lounge creates a concern to the general welfare of the City of Clermont, this resolution shall be presented to the City Council for reconsideration of the approval of the lounge granted herein. Staff concern as referenced herein shall be defined as three documented complaints in a one year period of violations of applicable laws, regulations and ordinances. Section 3 -Excavation and Grading/Operation Plans 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. The dust abatement plan shall detail measures to be taken to eliminate the migration of dust particles from the site. 2. The permittee/developers shall provide ground cover on all 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. All excavated material shall be stored in a location approved by the City Engineer. 4. Ingress and egress to the site for construction shall be determined by the City Engineer. 5. The property shall be graded in accordance with the grading plan prepared by Farner Barley and Associates and dated March 31, 2003; this allows for a change in elevation of up to 20 feet over a portion of the site as depicted on the grading plan. Section 4 -Transportation Improvements 1. Sidewalks shall be required along all public road frontages. 2. A westbound left turn lane from Brogden Drive into the project shall be constructed prior to the issuance of the first Certificate of Occupancy. • 3 CITY OF CLERMONT RESOLUTION NO. 1472 Page - 4 - 3. The permittee shall contribute a pro rata share of the cost of the future signal at U.S. 27 and Steves Road, if the signal is not funded by County impact fees. Section 5 -Utilities 1. Restaurants will be required to install grease traps at a size to be determined by the Public Works Director. 2. Dumpsters shall not be located along the western property boundary adjacent to the Lakeview Hills subdivision. Dumpster enclosures shall be covered. Section 6 -Landscaping & Signage 1. An opaque landscape buffer shall be provided along the western boundary of the project to screen the project from the homes in the Lakeview Hills subdivision. Existing trees and as much other natural vegetation as possible shall be retained in this buffer. • 2. All signs for the project shall be monument signs. Section 7 -Architectural Design Standards 1. Architectural design shall be similar to and contain the major design elements as depicted on the conceptual architecture plans as prepared by Timothy Gaus Architecture. Architectural plans for all buildings must be submitted to and approved by the Site Review Committee prior to construction plan approval. All structures shall be designed and constructed in accordance with the pending Architectural Design Ordinance. 2. The architectural design of the future expansion of the Harley Davidson dealership shall be an extension of the design of the existing structure. The intent is to limit the amount of metal surface visible from public rights-of--way. 3. 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 CITY OF CLERMONT RESOLUTION • NO. 1472 Page - 5 - Section 8 -Variance(s) 1. The applicant is requesting walls 10 ft. in height rather than the 6 ft. allowed for by code. 2. To allow for 10 ft. of the required 20 ft. wide landscape buffer along U.S. 27 to be sloped and 10 ft. to be flat as opposed to the code which calls for the entire buffer to be level flat ground. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, I;AKE COUNTY, FLORIDA THIS 9t6 DAY OF MAY 2006. • F'. ATT1E T: ~~ .,~~ -~~ ' Tracy Ackroyd, City Cle • Harold Turville, Mayor 5