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R-07-1530CITY OF CLERMONT RESOLUTION NO. 1530 Page 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A 10-UNIT COMMERCIAL BUILDING WITH SHARED PARKING. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 5, 2007 recommended for approval of this Conditional Use Permit to allow fora 10-unit commercial building with shared parking at the following location: LOCATION Vacant lot on east side of U.S. 27, West of Citrus Tower Blvd., adjacent to Bob Evans Restaurant 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 fora 10-unit commercial building with shared parking; 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 BESH and dated February, 2007. 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. 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 CITY OF CLERMONT RESOLUTION NO. 1530 Page 2 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 processed through 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. S. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date 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. 9. All requirements of the Lost Lake PUD shall be adhered to. Section 2 -Land Use 1. The proposed development may consist of a ten-unit commercial building. 2. No business can occupy any portion of the building after construction and final Certificate of Occupancy, unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Clermont Planning and Zoning. 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. CITY OF CLERMONT RESOLUTION NO. 1530 Page 3 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. Section 4 -Transportation Improvements 1. Sidewalks shall be required along all public road frontages. Section 5 -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 sixty (60) 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 sixty (60) 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. 4. The architecture shall be in substantial compliance with the drawings by Wallis Murphey Boyington Architects, Inc. as submitted with the CUP application, and are shown in Exhibit "A". 5. The rear of the building facing south shall be enhanced with brick, and reviewed by the Site Review Committee for approval. CITY OF CLERMONT RESOLUTION NO. 1530 Page 4 Roo s: 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 sixty (60) 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. CITY OF CLERMONT RESOLUTION NO. 1530 Page 5 S_iQnage: 1. Neon tubing shall not be used in building signage. The letters in the signage shall be the primary color. Lightinr:: 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. Chain link fencing is prohibited. Miscellaneous: 1. 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. 2. Chain link fencing shall be prohibited. Fencing around water retention areas and all other fencing shall be ornamental metal fencing. 3. Landscaping on the south side of the building shall be enhanced to provide additional screening. CITY OF CLERMONT RESOLUTION NO. 1530 Page 6 CITY OF CLERMONT RESOLUTION NO. 1530 Page 7 CITY OF CLERMONT RESOLUTION NO. 1530 Page 8 . ,:, ~~ ~ ~~ [~ PRIVATE ERS (IAIE~ ~ C~PJNECTC~R RC ti-" (1 .girt I i ~' 0 __ ~~~ ~~~ _- _ L , r h } j N t ~a ~ k I` ~" ~•,;`~', ,,~ f' ~ ~ v r r by Y `j ~ y~4`t' R`+-k k`w•f C~~' n~ f ,'~„~. ~ :~~....5'7t 1 ~~.j ~ r; .~y~'~ a ~~;.~lfs~ ~ ,i + ,~ ~ ~ ~~~'I ~~.~r•. ~~rs t ~'j"r. py ~% .- ~, ~ _ _ ~ ~ ~~ f„ ~ rn ~ ;~ IPA f".":~ [ ~.'-a"- 1~^^ 9 =t * r~' ~~, ~•:- -l~f~t~7 ~,q~ ~j' j' 'K ~* ~ a k~' ~ ~ ~'lf m ~ 1; ~ ~ ~ ~{ .";.i~~a, y~ „rich ~~~ {' c7~~ ~ ~~ ° C7' ' ~ ~~-_^` '~~', .. ~.v-l~,w.:-C .. _- - ~` a` Y..1~..,'~~ ~' 1i J {map, :~F ~1~ !rr ! ~ R.ETAiL CENTER stT~ ~r.AN ~ .'f DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 14th DAY OF AUGUST, 2007. -_ C _ Haro d Turville, Mayor