R-01-1181• •
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CITY OF CLERMONT
RESOLUTION
NO. 1181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1127, WHICH IS A
PREVIOUSLY APPROVED PUD THAT ALLOWED THE CONSTRUCTION OF A SHOPPING CENTER
WITH FOUR (4) OUT PARCELS. THE AMMENDMENT WILL REVISE SECTION 5, CONDITION 5,
ALLOWING OUT PARCEL#1 TO HAVE 2 DRIVEWAYS, OUT PARCEL #2 TO HAVE 1 DRIVEWAY,
OUT PARCELS #3 AND #4 SHALL SHARE A JOINT DRIVEWAY AND ALLOW OUT PARCEL #4 TO
HAVE DRIVEWAY ACCESS ON WINSLEY STREET.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a
meeting held February 6, 2001 recommended approval of this Conditional Use Permit to amend
Resolution No. 1127, which is a previously approved PUD that allowed the construction a shopping
center with four (4) out parcels. The amendment will revise section 5,condition 5,allowing out parcel #1 to
have 2 driveways, out parcel #2 to have 1 driveway, out parcels #3 and #4 shall share a joint driveway
and allow out parcel #4 to have driveway access on Winsley Street, at the following location:
LEGAL DESCRIPTION
See Exhibit "A" Attached
• The City Council deems it advisable in the interest of the general welfare of the City of Clermont, Lake
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Lake County,
Florida that:
SECTION 1.
This application for a Conditional Use Permit to amend Resolution No. 1127, which is a previously
approved PUD that allowed the construction a shopping center with four (4) out parcels. The amendment
will revise section 5,condition 5,allowing out parcel #1 to have 2 driveways, out parcel #2 to have 1
driveway, out parcels #3 and #4 shall share a joint driveway, and allow out parcel #4 to have driveway
access on Winsley Street; 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, additions to the use, or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
County, Florida to grant this Conditional Use Permit;
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CITY OF CLERMONT
RESOLUTION
NO. 1181
Page - 2 -
3. The property shall be developed in substantial accordance with an approved site plan
incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and
approval of the Site Review Committee prior to authorization and issuance of a development permit.
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. Prior to the issuance of any permits, the applicant shall be required to submit formal site plans for
review and approval by the City of Clermont Site Review Committee. The site plans shall meet all
submittal requirements and comply with the conditions of this Resolution, applicable City Codes,
Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as
amended.
6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been
met.
• 7. 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.
8. 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.
9. 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.
Section 2 -Land Use
1. The proposed project will consist of a shopping center and four (4) out parcels, and shall
be constructed consistent with the conceptual site plan dated April 18, 2000 as prepared by Farner,
Barley and Associates, Inc.
2. Each out parcel shall be limited to one structure.
3. Two of the four out parcels may have a restaurant with a drive through window
4. This Conditional Use Permit shall include section 27.02 of the lease agreement between Publix
and Halverson Development Corporation. This section prevents Publix from causing the grocery store to
"go dark", that is continuing to pay the lease after vacating the building in order to prevent a competitor
from using the vacated space. See Exhibit "B".
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CITY OF CLERMONT
RESOLUTION
NO. 1181
Page - 3 -
Section 3 - Physical Site Development
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1. The applicant shall submit a grading and erosion control plan for the site during the site plan
review process which must be approved by the City Site Review Committee prior to initiation of
development activity.
2. Noise levels during construction shall not exceed those recommended by the Florida Department
of Environmental Protection. Any vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00
P.M. Monday through Saturday only. Vibrations shall be limited to avoid any damages to neighboring
persons or properties. Heavy Equipment and normal work operations will be allowed on the site between
the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday. Heavy Equipment or heavy machinery
engines will not be started earlier than 7:00 A.M. on any approved workday.
All excavated material shall be stored in a location approved by the City Engineer.
4. The permittee/developers shall seed and mulch or sod all disturbed areas that are not to be
developed within 30 days.
. 5. A dust abatement plan shall be submitted to the City detailing measures to be taken in eliminating
the migration of dust particles from the site.
6. All areas being modified to a slope of three (3) horizontal to one (1) vertical (3:1), such as water
retention areas, shall be sodded.
7. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
Section 4 -Site Plan and Architectural Design
1. The developer shall construct a six (6) foot high screen wall around the rear property line of the
site (from the W insley Street connection to Danbury Mill Road connection). In addition Lennar shall
extend the 6' screen wall from the Publix property across W insley Street and turning the corner to block
that area and supplement with appropriate landscaping. Also, the house closest to the Publix property at
this area shall be reasonably screened by landscaping.
2. Rear site lighting poles will be no greater than 25 feet in height and include directional shields or
lenses to contain the lighting "onsite".
3. A minimum of sixteen (16) golf cart parking spaces shall be provided. The golf cart lane shall be
extended into the main parking lot.
4. The designated truck route for Publix will be U.S. Highway 27 to Hartwood Marsh Road, rather
than Hancock Road to Hartwood Marsh Road. Delivery trucks shall enter from Hartwood Marsh Road, not
from Danbury Mills Blvd, and exit from W insley Street.
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CITY OF CLERMONT
RESOLUTION
NO. 1181
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5. Truck deliveries shall be prohibited between the hours of 12:00 a.m. and 5:00 a.m., and
discouraged between the hours of 11:00 p.m. and 7:00 a.m.
6. All cardboard "recyclable" goods will be picked up daily.
7. Out parcels:
a. Each out parcel shall be limited to one monument sign, eight (8) feet in height. The total
sign area including sign face and base shall be limited to 100 square feet.
Out parcel structures shall be architecturally compatible with the shopping center design.
c. The general building height shall be limited to 25 feet in accordance with the Publix lease.
This does not include cupolas or decorative enhancements.
8. Both the Publix and the retail shops shall provide rear parapet walls to screen rooftop mechanical
equipment from view.
• 9. The number of trees required along the rear property line buffer shall be increased from one per
75 feet to a minimum of one per 50 feet.
10. A sign shall be erected at Danbury Mills Blvd. and the shopping center road that reads "Kings
Ridge Residents Only'.
Section 5 -Transportation Improvements
1. Approval of construction plans shall not be granted until the right-of-way for Hartwood-Marsh
Road has been dedicated. Right-of-way shall be dedicated so as to create 50 feet of right-of-way from
the centerline of the existing right-of-way.
2. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
3. The western entrance from Hartwood Marsh Road (entrance closest to U.S. 27) shall be
converted to a right-in, right-out only entrance if and when determined necessary by the City.
4. Cross-access shall be provided between all out parcels.
5. Access to the out parcels shall be from Winsley Street or the shopping center parking lot. Parcels
Parcel #1 shall have two
(2) driveways; parcel #2 shall have one (1) driveway; and parcels #3 and #4 shall share a joint driveway,
and parcel #4 may have driveway access to Winsley Street.
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CITY OF CLERMONT
RESOLUTION
NO. 1181
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Section 6 -Site Improvements/Landscapin
1. Architectural finish, building, and landscape design plans for the project shall be submitted to and
approved by the Site Review Committee prior to any development activity to ensure aesthetic and public
safety considerations are not adversely impacted.
Section 7 -Utilities
1. Restaurants will be required to install grease traps at a size to be determined by the Public Works
Director.
2. A 12" water main shall be provided along U.S. 27 and shall extend from the southwest corner of
the property to the northwest corner as the out parcels are developed, unless the site review committee
finds this is not needed for further extension of the City's system or determines an alternate location
would be satisfactory.
3. The water main on Hartwood Marsh Road is required to be a minimum of 10 inches per out code.
It shall be upsized to 12 inches and the City shall provide water impact fee credits for the difference of the
cost of materials for the upsizing.
Section 8 -Variances
1. The shopping center shall be allowed to place its sign on one of the out parcels, rather than place
it on the shopping center property itself as required by code.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 27th DAY OF FEBRUARY 2001.
t:
l
J eph Van Zile, Clerk
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G
aro d S. Turville, Jr., Mayor
5613679SE7 HALUORSEN
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472 P05 OCT 30 '00 15:37
Rook 1ei33 Page 15a
EXHYB=TT "A"
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LEGAL llESCRIPT~ON OF LAIVn
A parcel of land lying within Section 9, Township 23 South, Range 26 East, Lake County,
Florida, described as follows:
Begin at the most Westerly corner of Lot 814, Whitehall at Kings Ridge Phase T, according to the
plat thereof as recorded in Plat Book 40, Pages 75, 76 and 77, Public Records of Lakc County,
Florida; thence along the boundary of aforesaid plat with the following courses: South 18° 22'
36" East 120.49 feet; theme South 89° 41' 41" East 645.08 feet; thence South 04° 18' 40" Wcst
191.90 feet; thence South 89° 42' OS" East 285.OI feet; thence departing said platted boundary
run South 00° 18' 40" West 285.56 feet to a point that is 210.00 feet North of the North right-of-
way line of Hartwood Marsh Road; thence run parallel with said right-of--way line run North 89°
42' OS" West 150.00 feet; thence South 00° 18' 40" West 210.00 feet to the North right-of--way
line of Hariwood Marsh Road; thence along said right-of--way line and an extension thereof run
North 89° 42' OS" West 964.41 feet to the Northeasterly right-of--way line of U.S. PTighway 27;
thence along said right-of--way line with the following courses: North 18° 22' 36" West 383.19
feet; thence South 71° 37' 24" West 5.00 feet; thence North 18° 22' 36" West 359.56 feet to a
point that bears South 71° 37' 16" West of the Southwesterly extension of the ceaterline of
Winsley Street; thence run North 71° 37' 16" East 399.90 feet to the Westerly boundary of
Whitehall at Kings Ridge Phase I; thence along said Westerly boundary run South 18° 22' 36"
East 30.00 feet to the Point ofBeginning.
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