R-07-1539CITY OF CLERMONT
RESOLUTION
NO. 1539
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 RETAIL STORE
OVER 20,000 SQUARE FEET.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held August 7, 2007 recommended for approval of this Conditional
Use Permit to allow for a retail store over 20,000 square feet at the following location:
LOCATION
South of S.R. 50, North of Hooks Street, and West of Grand Highway
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 a retail store over 20,000 square feet;
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
Conditional Use Permit site plan dated 6/21/07 as prepared by Interplan, LLC. 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 Conditional Use Permit 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 approvals,
and obtaining necessary permits in accordance with the City of Clermont Land Development
Regulations and those of other appropriate jurisdictional entities.
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RESOLUTION
NO. 1539
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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 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.
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 retail building not to exceed 57,000 square feet, fronting Grand
Highway and backing up to U.S. 27. The development may include those uses as permitted in
the C-2 General Commercial Zoning District, and be consistent with the conceptual Conditional
Use Permit site plan dated 6/21/07 as prepared by Interplan, LLC.
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 & Zoning Department.
3. The development and uses shall be consistent with the regulations in the C-2 General
Commercial Zoning District, or those uses contained within this CUP.
4. Go Dark Requirements:
(a) Any and all future leases by Owner, its assigns or transferees shall provide that in the
event any tenant of any of the premises contemplated herein ceases to conduct
business for a period of six (6) months the Lease shall be automatically terminated
without cause. For purposes of this section conducting business shall be defined as
the Tenants failure to maintain wholesale or retail operation for members of the
general public and shall not include the following events:
(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;
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RESOLUTION
NO. 1539
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(v) default by Landlord;
(vi) eminent domain;
(vii) force of nature.
(b) Owner on its behalf and that of its assigns and transferees expressly agrees that it will
enforce the lease provision set forth above as an express condition of this
Conditional Use Permit.
Section 3 - Physical 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.
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 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 U.S.D.A. Soil Conservation
Service.
Section 4 -Transportation Improvements
1. The developer shall coordinate with the Lake County Public Works Department and the
Florida Department of Transportation on all transportation improvements as to negate
duplication of design and construction.
2. Sidewalks shall be required along all public road frontages, including Grand Highway,
Hooks Street, and U.S. 27, in accordance with FDOT regulations and City Codes. Sidewalks
along U.S. 27 maybe delayed, with approval by City staff, due to the widening of the road.
3. The City may require that transportation improvements, necessitate 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.
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RESOLUTION
NO. 1539
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4. Grand Highway shall be widened and constructed from S.R. 50 to Hooks Street, in
accordance with the applicable standards of FDOT, Lake County, or the City of Clermont, before
any certificates of occupancy are issued.
5. Hooks Street shall be widened and constructed from U.S. 27 to and including the
intersection of Grand Highway, in accordance with the applicable standards of FDOT, Lake
County, or the City of Clermont, before any certificates of occupancy are issued.
6. Roadway improvement plans for Grand Highway, additional public streets, and the
project site, including but not limited to, access drives, accel/decal 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.
7. At such time as signalization is determined warranted and necessary at the intersection of
Grand Highway and Hooks Street, the permittee/developer shall be responsible for their
proportionate share 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.
8. Additional right-of-way shall be dedicated along Grand Highway to accommodate
required turn lanes into the property as determined by the Site Review Committee.
Section 5 -Utilities and 5tormwater
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.
4. A gravity sewer system shall be designed, permitted and constructed along Grand
Highway and connect to Lift Station E-4. The system shall be designed to accommodate the
master plan requirements of the lift station service area as determined by the Engineering
Department. The system shall include stub outs to serve all adjacent properties. The
improvements may require upsizing of Lift Station E-4 to accommodate the additional flows.
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RESOLUTION
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5. The City shall compensate for materials only for upsizing of improvements.
Compensation shall be by impact fee credits.
6. A 12-inch water main shall be designed, permitted and constructed along the property
boundary in the Grand Highway right of way. The water main shall continue along the Hooks
Street right of way and connect to the terminus of the existing 12-inch water main, east of the
property boundary.
7. A gravity sewer system shall be designed, permitted and constructed along Grand
Highway and connect to Lift Station E-4. The system shall be designed to accommodate the
master plan requirements of the lift station service area as determined by the Engineering
Department. The improvements may require upsizing of Lift Station E-4 to accommodate the
additional flows. The City shall compensate for materials only for upsizing of improvements.
Compensation shall be by impact fee credits.
8. A 15-foot utility easement shall be dedicated along the south property boundary, adjacent
to the northern boundary of the Hooks Street right of way to accommodate the City's force
main. The force main shall be constructed at the same time as the Hooks Street construction.
9. A 12-inch water main shall be designed, permitted and constructed along the property
boundary in the Grand Highway right of way.
10. The 12-inch water main shall be connected to the existing 12-inch water main on the west
side of US 27 via jack and bore.
11. A 100 x 100 foot tract shall be dedicated to the City along or near the Hooks Street right
of way for utility improvements.
12. All improvements shall be designed, permitted and constructed at the developer's
expense. Compensation for materials only of upsizing of utilities shall be through impact fee
credits.
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. 1539
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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. 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.
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RESOLUTION
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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.
Entr~va
(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;
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 areas for sitting.
Signage:
1. All signs for the project shall be monument signs or wall signs.
2. Flag poles shall have 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.
4. Cart corrals or returns may be provided for in the parking lot. No advertising shall be
allowed on the cart corrals.
Outdoor displace
1. Outdoor display of merchandise is prohibited.
Fencing:
1. All fencing within public view shall be ornamental metal or brick, and shall be finished.
Section 9 -Public Safety
PUBLIC SAFETY COMMUNICATIONS AMPLIFICATION
(Bi-Directional Amplified Distributed Antenna System)
Except as otherwise provided, no person or organization shall maintain, own, erect or construct
any building or structure or any part thereof or cause the same to be done which fails to support
adequate radio coverage to public safety service workers, including but not limited to firefighters
and police officers.
For the purposes of this section, adequate radio coverage shall be as determined by the city fire
official. The frequency ranges which must be supported include frequencies in use and/or
licensed to the fire, law enforcement and EMS providers for the City of Clermont. The building
official and/or City of Clermont Fire Marshal may require tests as evidence of compliance to be
made at no expense to this jurisdiction.
Buildings and structures over thirty-five (35) feet in height, buildings with below grade spaces or
parking, buildings with any floor greater than 30,000 square feet and other buildings where
required to provide adequate signal strength which cannot independently support the required
level of radio communications coverage shall be equipped with any of the following in order to
achieve the required adequate radio communications coverage: a radiating cable system or an
internal multiple antenna system with FCC type-accepted signal booster amplifiers as needed.
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RESOLUTION
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If any part of the installed system or systems contains an electrically powered component, the
system shall be capable of operating on an independent battery and/or generator system for a
period of at least twelve (12) hours without external power input. Any battery system employed
shall automatically recharge in the presence of an external power input. In the event that a signal
booster is employed it shall be fully encased within a dust and water resistant case.
For purposes of this section elevators maybe excluded from the definition of "all parts of a
building" or "any part thereof'. The requirements of this section maybe waived by the City of
Clermont fire official for buildings which do not have below grade spaces or parking in areas and
circumstances where it is recognized that adequate radio communications coverage will be
acceptable.
A certificate of occupancy may not be issued for any building or structure which fails to comply
with this requirement.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 28th DAY OF AUGUST 2007.
ATTEST:
Tracy,Ackroyd, City Clerk
Harold Turville, Mayor