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R-08-1557CITY OF CLERMONT RESOLUTION NO. 1557 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 PLANNED UNIT DEVELOPMENT TO ALLOW UP TO 70,000 SQUARE FEET OF COMMERCIAL/OFFICE OF WHICH 40,000 IS RETAIL. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held January 3, 2008 recommended for approval of this Conditional Use Permit to allow for a Planned Unit Development to allow up to 70,000 square feet of commercial/office of which 40,000 is retail at the following location: LOCATION The north and south corners of the east side of the intersection of Highway 27 and Citrus Tower Boulevard 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 Planned Unit Development to allow up to 70,000 square feet of commercial/office of which 40,000 is retail; 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 located on the East side of U.S. 27 shall be developed in substantial accordance with the conceptual site plan dated December 3, 2007 prepared by Denham Summitt Engineering, 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 permit. The conceptual site plans submitted with the CUP application are not the approved construction plans. CITY OF CLERMONT RESOLUTION NO.1557 Page 2 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 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. 8. The CUP is contingent upon the approval of the sewer line along the South Clermont Connector by the City of Clermont. 9. The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 10. A slab survey shall be submitted after the form boards have been installed and before the concrete has been poured. This is to ensure the setbacks and location of the building will conform to the Land Development Regulations. Section 2 -Land Use This permit is for a mixed merchant center not to exceed 70,000 square feet. King's Crossing - may include those uses as permitted in the C-1 Commercial Zoning District, such as retail (40,000 sq. ft. on north side), clothing apparel, home decor, and home furnishing retailers, personal services, professional offices, and restaurants consistent with the conceptual site plan as prepared by Denham Summitt Engineering, LLC (except no retail on the south side). CITY OF CLERMONT RESOLUTION NO. 1557 Page 3 Section 3 -Site Development 1. Detailed grading, erosion control, and dust abatement plans shall be submitted to and approved by the Site Review Committee prior to any construction plan approvals 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 portion of the site under development 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 U.S.D.A. Soil Conservation Service. Section 4 -Transportation Improvements 1. 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 FDOT regulations and City Codes. Sidewalks along U.S. 27 may be delayed, with approval by City staff, due to the widening of the road. 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. Additional right-of-way may be required for Citrus Tower Boulevard to accommodate turn lanes into the site, as determined by the site review committee. Right-of-way shall be dedicated by the developer prior to site plan approval. 5. Street lights shall be installed by the developer along Citrus Tower Blvd. as approved by the site review committee. CITY OF CLERMONT RESOLUTION NO. 1557 Page 4 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 and appurtenances, East of U.S. 27. Until such time as reuse water is available, the developer shall provide irrigation water shall be provided for by a private well. 4. All electric power, including major transmission lines, and any utility lines including but not limited to phone and cable, must be placed underground according to all local, state and federal guidelines. 5. The developer shall construct a 12-inch water main from the terminus point on Citrus Tower Blvd. at the north east corner of the property boundary, continue along Citrus Tower Blvd., and turn south along the east side of U.S. 27 and connect to the existing water on U.S. 27. The water main along U.S. 27 shall be located within an easement obtained and dedicated by the owner. 6. The developer shall construct a 12-inch reclaimed water main from the terminus point on Citrus Tower Blvd. at the north east corner of the property boundary, continue along Citrus Tower Blvd., and turn south along the east side of U.S. 27 and continue to the property boundary. The reclaimed water main along U.S. 27 shall be located within an easement obtained and dedicated by the owner. 7. The developer shall construct a lift station to be privately owned and maintained, conforming to the City of Clermont's standard lift station construction details, to serve the entire project site. The lift station shall be connected to the future South Clermont Connector Wastewater Collection System via a privately owned and maintained force main. The developer will transfer ownership and maintenance responsibility for the lift station and force main to the City upon the City's request. Section 6 - Landscauin~ 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. CITY OF CLERMONT RESOLUTION NO.1557 Page 5 2. All landscape plans and plantings shall meet or exceed the City of Clermont Code. 3. All stormwater ponds shall be landscaped with 3 (three) canopy trees and five (5) understory trees per one hundred feet around the perimeter of the pond, adjacent to the development, as approved by the City's Site Review Committee. Shrubs shall also be planted and form a continuous row along the same area, as approved. 4. All areas that have been disturbed/graded shall be stabilized using methods approved by the City Engineer within 30 days of grading. 5. All landscaped areas East of U.S. 27 shall be irrigated with a private well until reuse water is available from the City. The developer shall be responsible for connections at that time. 6. All landscape buffers adjacent to public right-of-ways shall be established as separate landscape tracts and maintained by an owner's association or other management entity. Landscaping within these tracts shall be installed prior to issuing any certificates of occupancy. 7. In accordance with the Tuscany Village variance (4), the landscape buffer lines along property lines as required by Section 118-37(d)(1) of the City Code, shall be relocated throughout the internal portions of the project in order to maintain open space and landscaping within the project, as approved by City staff. 8. Decorative masonry walls shall be installed adjacent to residential properties where retaining walls are not already present, as approved by City staff. Section 7 -Architectural Design Standards All structures shall be designed and constructed in accordance with City of Clermont Architectural Standards. In addition, the following shall be allowed: 1. 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. 2. Pedestrian walkways and bikeways: The light fixture/luminaire shall be decorative in appearance, style and finish. CITY OF CLERMONT RESOLUTION NO. 1557 Page 6 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 cart returns may not contain store name or advertising of any kind. Outdoor display: 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 22nd DAY OF JANUARY, 2008. ~:,. `~ Harold Turville, Mayor ATTES~': f j ~, ~l Tracy Ack oyd, City Cl k •~ ;F_a