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R-01-1177• • r 1 U CI'I~'O~" CL~~,M091~7 RESOLUTION NO. 1177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A SHOPPING CENTER WITH UP TO 202,500 SQUARE FEET OF RETAIL SPACE AND FIVE (5) OUT PARCELS, LOCATED IN THE C-2 COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held January 4, 2001 recommended approval of this Conditional Use Permit to allow the construction of a shopping center with up to 202,500 square feet of retail space and five (5) out parcels in the C-2 Commercial District at the following location: LEGAL DESCRIPTION See Attachment "A" 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: SECTION 1. This application for a Conditional Use Permit to allow the construction of a shopping center with up to 202,500 square feet of retail space and five (5) out parcels be granted subject to the following conditions: CONDITIONS: Section 1 -General Conditions 1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor in title or interest, and shall be subject to each and every condition herein set out. 2. Upon approval of the resolution the aforementioned property shall only be used for the purposes described herein. No further expansion of the use or additions to this project shall be permitted except as approved by another Conditional Use Permit. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. 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. 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. 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. This permit shall become null and void if substantial work has not begun within two (2) years of the date of issuance of this Conditional Use Permit. Section 2 -Land Use 1. The proposed development may contain up to 202,500 square feet of shopping center space and in addition the project is approved for up to a maximum of five (5) out parcels, consistent with the conceptual site plan dated December 1, 2000 as prepared by KCG, Inc. 2. The allowable uses shall be those uses indicated within the C-2 Zoning Category of the City of Clermont Land Development Regulations with the exception of a convenience store and/or gas station which shall be prohibited. 3. The permittee shall reserve a strip of land up to thirty (30) feet in width along the north and east • boundaries of the site for the future South Lake Trail. Section 3 -Trans ortation Im rovements 1. Sidewalks shall be required along all public road frontages in accordance with adopted FDOT and City Codes. 2. Prior to construction and development of the Shopping Center project, the permittee/developer shall provide a traffic study that identifies the development's impact on the City's transportation system. 3. Based upon results of the traffic study as referenced in Item 2 above, 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 of that portion of the project. Nothing herein shall be construed to limit the right of the applicant to pursue all available remedies to dispute any specific transportation improvements that may be required by the City. Project specific on-site/off-site transportation improvements consistent with identified project impacts, per the traffic study, will be the sole responsibility of the developer. 4. Right-of-way shall be dedicated and access to the site shall be constructed in accordance with an existing agreement between Lake County, the City of Clermont, and the developer. 5. All right-of-way necessary for the completion of N. Hancock Rd. from its current terminus to C.R. 50 shall be dedicated prior to the commencement of construction. This includes right-of-way for roads and water retention. In addition, right-of-way shall be dedicated to connect Northridge Blvd. with N. Hancock Rd. 6. Easements shall be provided to access water retention areas from N. Hancock Rd. 7. Right-of-way shall be dedicated for Oakley Seaver Drive from N. Hancock to Citrus Tower Blvd. • • Cross access shall be provided between all adjoining out parcels. 9. Access to each out parcel shall be provided as far from the S.R. 50 and N. Hancock Rd. rights-of- ways as practical. Section 4 -Excavation and GradinNOperation Plans 1. The applicant has submitted a detailed grading plan in conjunction with this CUP and the grading plan is hereby accepted by the City Council. 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. 2. The permittee/developers shall provide ground cover on all out parcel and 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. 3. 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. Section 5 -Site Improvements/Landscagina 1. Architectural finish, building, and landscape design plans for the commercial center and out • parcels shall be submitted and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are not adversely impacted. Design of the commercial building_shall follow the criteria in Section 6 -Architectural Design Standards. 2. The permittee shall construct a wall and landscaped buffer, in excess of City regulations, that effectively provides a visual barrier along the east side of the shopping center from the northeast corner of the main retail space to the southeast corner of the smaller retail space. The landscape buffer shall be continued along the east side of the shopping center parking lot. It shall be planted in a level, 10 ft. wide planting area that is at the same elevation as the wall, building, and parking lot. This buffer will include shrubbery per code and oak trees planted 40 ft. on center. This landscaped buffer is to be constructed at the time of construction of the shopping center. 3. The landscape buffer on the west side of the project shall be 10 ft. wide with a level planting area and in addition to the required shrubs, trees shall be planted 40 ft. on center. 4. The landscape buffer along the north property line shall run from Hancock Rd. to a point at the northeast corner of the building and tie into the buffer that runs along the east side of the building. 5. All out parcel landscape buffers along SR 50 and N. Hancock Rd shall be 10 ft. in width. 6. Parking lot landscape islands shall be a minimum of 250 sf in area and 10 ft. in width not including curb. 7. Slopes of the water retention areas shall be sodded and landscaped with trees. 8. The project shall be plumbed for reuse water. Until such time as reuse water is available, irrigation water shall be provided for by well. • • • • Section 6 - Siana9e 1. All out parcel ground signs shall be monument signs and the overall size of the sign including sign face and base shall be limited to 100 sf. Section 7 -Architectural Design Standards The following standards described in Section 7 herein shall apply 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 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. 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. 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. 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. Signage: 1. Neon tubing shall not be used in building signage. The letters in the signage shall be the primary color. 2. Signage may include store identification including garden center and contractor pickup, etc., but not advertising such as "We Sell for Less" or "Low Prices", etc. Outdoor storage: 1. All building or landscape materials stored outside must be within an enclosure. If the enclosure is not opaque, the enclosure shall consist of columns of the same material as the primary structure with metal fencing as screening. Plastic slats in chain link fencing will not be allowed. Outdoor display: 1. After business hours, all outdoor inventory must be on a concrete slab and under roof, i.e. an arcade. These design standards shall apply until such time as citywide architectural design standards are adopted. Section 8 -Variances 1. The applicant is requesting a wall height of 10 ft. as opposed to the six (6) ft. per code in order to construct retaining walls. 2. The applicant is requesting that a single retail establishment occupy 186,500 square feet as opposed to the maximum 100,000 square feet per the code. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 23rd DAY OF JANUARY 2001. Attest: oseph Van Zile, Clerk Harold S. Turville, Jr., Mayo • ft~T • f ~_ :f Attachmcnt "A" • ~P~TION 22. TP28r R26E. tA~KE(.O11t1T . FLOpI0~M0PA~RTI~q~.Y~DESt~iA81POLL01~lS: COl41ENCE AT THE NORTF~ST COANER OF SAID SECTION 2fi TtENCE S89 •!!'08'E Al.ONB THE OFMAY~LINE ~ HMI OCK ~ ry 27 pIT6~OF MAYS ~ AND ~ P~OIN~T OF ~IMIYINBI~ • • 8AI0 PARCEL CONTAINS ~0.76'~ ACRE8 OF LAND MORE OR t.E8S. ~ .