R-06-1473CITY OF CLERMONT
RESOLUTION
NO. 1473
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO.
1230 TO ALLOW FOR A VETERINARY CLINIC AND TO
ALLOW FOR A MODIFICATION OF THE ORIGINAL SITE
PLAN.
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. 1230 to allow for a veterinary clinic and to allow for the
modification of the original site plan at the following location:
LOCATION
The Southwest 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.
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. 1230 to allow for
a veterinary clinic and to allow for the modification of the original site plan; 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
plan prepared by KCG Engineering,
conditions stated in this permit, shall
Review Committee prior to the issu
permits. The conceptual site plans
approved construction plans.
in substantial accordance with the conceptual site
Inc. Formal construction plans, incorporating all
be submitted for review and approved by the Site
once of a zoning clearance or other development
submitted with the CUP application are not the
CITY OF CLEIZMONT
RESOLUTION
NO. 1473
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 contain up to 92,700 square feet of retail space and
four (4) out parcels consistent with the conceptual site plan dated August 15, 2001 as
prepared by KCG Engineering, Inc.
2. The allowable uses shall be those uses indicated within the C-2 Zoning Category of
the City of Clermont Land Development Regulations.
3. A 1,900 square foot retail outlet with drive through may be permitted within the
parking lot in accordance with the conceptual site plan prepared by KCG Engineering,
Inc.
4. In the event that Staff determines that the hours of operation of the above-stated uses
creates a concern to the general welfare of the City of Clermont, this resolution shall be
presented to the City Council for reconsideration of approval of the above-stated uses.
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RESOLUTION
• NO. 1473
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5. A veterinary clinic not to exceed 3,000 square feet shall be permitted as an approved
use.
6. Each out parcel is limited to one structure.
7. Retail users shall not be allowed to "go dark as specified in the following language:
(a) Without cause. In the event Tenant ceases to conduct business from
the Premises for any reason other than those set forth in Paragraph (b)
entitled "With Cause", for a period of six (6) consecutive months, the
landlord shall terminate the lease.
(b) With Cause. The terms and provisions of Paragraph (a) shall not
apply in the event Tenant does not commence conducting business
from the Premises, or having commenced conducting business from
the premises thereafter ceases to conduct business from the Premises,
due to causes for which such failure to commence or such cessation
are excused including, without limitation, the following: (i) the
failure of Landlord to commence or complete construction of the
• Premises; (ii) alteration, repair, or restoration of the Premises; (iii)
interruption of utilities, (iv) fire or other casualty; (v) default by
Landlord; (vi) eminent domain; (vii) force majeure.
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 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. 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.
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RESOLUTION
• NO. 1473
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Section 4 -Transportation Improvements
1. Sidewalks shall be required along all public road frontages, including S.R. 50,
Hancock Rd., and the north-south roadway, in accordance with FDOT and City Codes.
2. Prior to construction plan approval, the permittee/developer shall provide a traffic
study 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. 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. The permittee shall contribute its fair share of costs of improvements to Hancock Rd.
as determined by Lake County.
4. Prior to the issuance of a certificate of occupancy for the main retail center on the
southern portion of the project, the roadway improvements for Hancock Road must be
completed. And prior to the issuance of a certificate of occupancy for either of the two
• out parcels on the western portion of the project or the main retail center on the southern
portion of the project, the north-south roadway connecting State Road 50 and Hook Street
must be constructed. Cost of the roadway is the responsibility of the applicant and the
property owner to the west and south.
5. Eastbound decel lanes shall be provided into the site from S.R. 50.
6. Cross access shall be provided between all adjoining out parcels.
7. Cross access shall be provided to the property to the south at two locations. Across
access easement agreement shall be executed and recorded prior to the approval of
construction plans.
8. Loading areas for grocery and retail stores do not appear to be adequate in size or
depth. At the time of construction plan review, the applicant will be required to
demonstrate that the loading areas as depicted on the conceptual site plans will be
adequate. Required parking spaces cannot be blocked by loading areas.
9. Right-of--way necessary for the planned improvements to Hancock Road shall be
dedicated prior to any development approvals.
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RESOLUTION
• NO. 1473
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10. A construction easement for the Hancock Road improvements shall be granted to
Lake County in an amount to be determined by Lake County.
Section 5 -Utilities and Stormwater
1. Restaurants will be required to install grease traps at a size to be determined by the
Public Works Director.
Section 6 - Landscaping and miscellaneous site improvements
1. The landscape buffer along S.R. 50 shall be 20 feet in width. The landscape buffers
along Hancock Road and the north-south roadway shall be 10 ft. in width.
2. Per code, side slopes of water retention areas shall be sodded and irrigated. Trees
shall be provided in the water retention areas that are appropriate for the soils and
hydrology of the area.
. 3. Parking lot landscape islands shall be a minimum of 200 sf in area and 10 ft. in width
not including the curb.
4. A minimum of 60% of the required canopy trees for all parking areas shall be live oak
trees.
5. 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, or irrigation meter
connected to the City system. Final determination for source of irrigation water shall be
made by the City Council prior to the commencement of construction.
6. Cardboard recycling dumpsters shall be in dumpster enclosures constructed per code.
Section 7 - Signage
1. One sign for the retail space shall be allowed on each street frontage. The signs on
Hancock Rd. and the north-south roadway shall be monument signs limited to 100 square
feet.
2. Billboards and other signage not directly associated with the approved project shall be
removed prior to the commencement of any construction on the site, including grading.
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• NO. 1473
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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 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.
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RESOLUTION
NO. 14'73
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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.
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RESOLUTION
NO. 1473
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Lighting:
1. Light poles shall be located in landscape islands. They shall not be painted in
primary colors and they shall be no greater than 25 ft. in height.
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.
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DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 11th DAY OF APRIL 2006.
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ATT'~~T:.:
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Tracy Ackroyd, City Clerk
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arold Turville, Mayor
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