R-07-1544CITY OF CLERMONT
RESOLUTION
NO. 1544
Page 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR AN AMENDMENT TO
THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT
DEVELOPMENT TO ALLOW CERTIFICATE OF OCCUPANCY FOR
SPECIFIC CONDITIONS AND IMPACT FEE CREDITS
REQUIREMENTS.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held September 4, 2007 recommended for approval of this
Conditional Use Permit to allow for an amendment to the conditional use permit for a planned
unit development to allow certificate of occupancy for specific conditions and impact fee credits
requirements at the following location:
LOCATION
South of S.R. 50, east of US Hwy 27 ~ northeast corner
of Highway 27 & Steve's Rd.
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 an amendment to the conditional use
permit for a planned unit development to allow certificate of occupancy for specific conditions
and impact fee credits requirements; 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. The property shall be developed in substantial accordance with the conceptual site plan
dated September 29, 2006 prepared by KCG Inc. 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
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RESOLUTION
NO. 1544
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other development permits. The conceptual site plans submitted with the CUP
application are not the approved construction plans.
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. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
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. The Conditional Use Permit must be executed and filed in the office of the City Manager
within 90 days of its date of grant by the City Council or the permit shall become null and
void.
7. 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. This permit is for a mixed merchant center including a shopping center (north and south
retail areas) not to exceed 267,000 square feet, a movie theater with retail shops not to
exceed 75,000 square feet, and six outparcel sites fronting U.S. 27. The total square feet
not to exceed 400,000. CLERMONT LANDING -will include those uses as permitted in
the C-2 Commercial Zoning District, retail merchants, personal services, professional
offices, and restaurants consistent with the conceptual site plan dated, September 29,
2006 as prepared by KCG Inc.
Section 3 -Site Development
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.
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RESOLUTION
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2. All excavated material shall be stored in a location approved by the City Engineer.
3. Geo-technical information regarding the soil characteristics of the site shall be submitted
to the City as part of the final site review process
4. 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 (BMP) of the
United States Department of Agriculture Soil Conservation Service.
Section 4 -Transportation Imurovements
The developer shall coordinate with the Lake County Public Works Department on all
transportation improvements as to negate duplication of design and construction.
2. Sidewalks shall be required along all public road frontages, including U.S. 27, in
accordance with Florida Department Of Transportation regulations and City Codes.
3. 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.
Project specific on and off site transportation designs are the sole responsibility of the
developer.
4. Cross access shall be provided between outparcels 2 and 3, and between outparcels 4,5,
and 6.
5. No building permit certificates of occupancy (CO) shall be issued for the project until
Steve's Road has been completed from U.S. 27 to the eastern entrance, and all
improvements connected with access drives to the project have been fully constructed
and are available for public use.
6. Building permits that have been issued prior to the first CO may obtain subsequent CO's
in adherence with #5 above. All other subsequent building permit CO's may not be
approved until the remaining portion of Steve's Road from the eastern access point to
Citrus Tower is completed. Building permits issued after the first CO cannot obtain
subsequent CO's until all of Steve's Road is completed, or that Steve's Road be
completed within one year of the first building permit being CO'd.
7. Roadway improvement plans for Steve's Road, Highway 27, additional public streets,
and the project site, including but not limited to, access drives, accel/decel lanes, turn
CITY OF CLERMONT
RESOLUTION
NO. 1544
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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.
8. At such time as signalization is determined warranted and necessary at the intersection of
Highway 27 and Steve's Road the permittee/developer shall be responsible for the
installation of the traffic light. Project specific on-site/off-site transportation
improvements consistent with identified project impacts will be the sole responsibility of
the developer.
9. Median cuts along Highway 27 shall be limited to one directional cut located at the north
end of the site. South bound movements from the site onto Highway 27 shall be
prohibited from this location.
10. Median cuts along Steve' Road shall be limited to one right-in right-out driveway
adjacent to outparcel #6, and one full median cut located approximately 800 feet from
highway 27.
Section 5 -Utilities and Stormwater
1. The permittee shall be responsible for purchasing, installing, and maintaining fire
hydrants within the project. They shall be installed according to City code.
2. Restaurants will be required to install grease traps at a size to be determined by an
engineer and approved by the Utility Director.
3. 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.
Section 6 -Landscaping
1. The Landscape design for all parking areas, buffers, rights of way, pedestrian ways and
focal points shall be unified and complementary to the ambiance of the center.
2. All landscape plans and plantings shall meet or exceed the City of Clermont Code.
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RESOLUTION
NO. 1544
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Section 7 -Architectural Design Standards
All structures shall be designed and constructed in accordance with the following design
standards:
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 or a four foot landscape area and brick wall. 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.
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. Fagade 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.
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RESOLUTION
NO. 1544
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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 establishment greater than 5,000 square feet in size 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;
?. Architectural details such as the work and moldings which are integrated into the building
structure and design;
S. Integral planters or wing walls that incorporate landscaped areas and areas for sitting.
Sienase:
1. All signs for the project shall be monument signs or wall signs.
2. Flag poles shall have a maximum height of 30 feet above grade.
Li tin
1. 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.
2. Height. The height of an outdoor lighting fixture (inclusive of the pole and light
source/luminaire) shall be a maximum of thirty feet (30') within a parking lot, and a
maximum of fifteen feet (15') within anon-vehicular pedestrian area. Height shall be
measured from the finished grade to the top of the light fixture.
3. Pedestrian walkways and bikeways.
In pedestrian walkways or bikeways the light fixture/luminaire shall be decorative in
appearance, style and finish.
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RESOLUTION
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Section 8 -Site Improvements
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure.
2. Storage of inventory in trailers or other storage systems shall be prohibited.
3. Shopping cart returns shall be provided within the retail structures.
Outdoor displace
1. Outdoor display of merchandise is prohibited.
Fencing:
1. All fencing within public view shall be ornamental metal or brick.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ON THIS 25th DAY OF SEPTEMBER, 2007.
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Tracy A~kro d,.City Clerk