No preview available
Resolution No. 2025-010Rd= CLERMONT CITY OF CLERMONT 7— RESOLUTION NO.2025-01OR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A REQUEST. - FOR A CONDITIONAL USE PERMIT (2025-010R) TO ALLOW FOR OUTDOOR DISPLAY OF MERCHANDISE FOR THE SPROUTS FARMERS MARKET, PHASE 3 COMMERCIAL — LOT 14, ALONG WITH SPECIAL CONDITIONS: (1) ADDITIONAL WALL SIGNAGE UP TO 550 SQUARE FEET ON THE PRIMARY FRONTAGE WALL AND 155 SQUARE FEET ON THE SECONDARY SIGNAGE; AND (2) AN OFF -SITE MONUMENT SIGN WITH THE DIMENSIONS OF 20 FEET HIGH AND 18 FEET WIDE AND A COPY AREA OF 203 SQUARE FEET PER SIDE; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida, at a meeting held April 1, 2025, recommended approval of this Conditional Use Permit to allow for an amendment to the Planned Unit Development (PUD), at the following location: LOCATION: Sprouts Vacant parcel, Lot 14, within the Shoppes at Hammock Ridge Crossing Located West of US Hwy 27 and East of Hammock Ridge Road WHEREAS, the granting of this Conditional Use Permit will not adversely affect the officially adopted Comprehensive Plan of the City; such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; the proposed use will comply with the regulations and conditions specified in the codes for such use; and the proposed use may be considered desirable at the particular location; WHEREAS, the applicant has applied for a Conditional Use Permit Amendment to allow outdoor display of merchandise for the Sprouts Farmers Market along with special conditions for additional wall signage and an off -site monument sign in which the subject parcel is part of the Shoppes at Hammock Ridge Crossing Development, formerly known as Tuscany Village PUD Development Master Plan (Resolution No. 1532); 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 is to allow for an amendment to allow outdoor display of merchandise for the Sprouts Farmers Market along with special conditions for additional wall signage and an off -site monument sign, be granted subject to the following conditions: S- CLERI" iONT CITY OF CLERMONT — RESOLUTION NO.2025-OIOR SECTION 1: GENERAL CONDITIONS l . 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 May 25, 2005 prepared by Avid Engineering, Inc. The property located on the West side of U.S. 27 shall be developed in substantial accordance with the conceptual site plan dated April 23, 2007 prepared by Paradise Development Group, Inc. Formal construction plans for either the East or the West parcels, 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 for that specific parcel located on either the East or West side of U.S. 27. The conceptual 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 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 have 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 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. 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. d CIERWONT CITY OF CLERMONT 7- RESOLUTION NO.2025-01OR SECTION 2: LAND USE This permit is for a mixed merchant center not to exceed 459,000 square feet. Tuscany Village - may include those uses as permitted in the C-1 Commercial Zoning District, such as retail, clothing apparel, home decor, and home furnishing retailers, personal services, professional offices, and restaurants consistent with the conceptual site plan for the West side dated April 23, 2007 prepared by Paradise Development Group, Inc. The conceptual site plan dated May 25, 2005 prepared by Avid Engineering Inc. will dictate development of the Tuscany Village property on the East side of U.S. 27 only. SECTION 3: SITE DEVELOPMENT The Tuscany Village property is divided by U.S. 27 with each side being under separate ownership and which will be developed at different stages. Detailed grading, erosion control, and dust abatement plans for each side, shall be submitted to and approved by the Site Review Committee prior to any construction plan approvals and the initiation of development activity for either the West or East side. 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. 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. All right of ways located on the subject property for the Citrus Tower Boulevard and the South Clermont Connector must be dedicated by the developer within 30 days of execution of the Conditional Use Permit. d= CLERI" fO1T CITY OF CLERMONT �— RESOLUTION NO.2025-01OR 5. The portion of Citrus Tower Boulevard/South Clermont Connector lying west of U.S. 27 and along the subject property must be under construction prior to issuance of any building permit for those buildings located on the subject property west of U.S. 27. The construction of said portions of Citrus Tower Boulevard/South Clermont Connector must be completed prior to issuance of any certificate of occupancy for those buildings located on the property west of U.S. 27. 6. The portion of Citrus Tower Boulevard/South Clermont Connector lying east of U.S.: 27 and along the subject property must be under construction prior to issuance of any building permit for those buildings located on the subject property east of U.S. 27. The construction of said portions of Citrus Tower Boulevard/South Clermont Connector must be completed pri011 to issuance of any certificate of occupancy for those buildings located on the subject property east of U.S. 27. 7. It shall be the developer's responsibility to install all required street lights, which must be installed and operational on US 27, Citrus Tower Boulevard and the South Clermont Connector prior to issuance of any certificate of occupancy. 8. The developer or owner is required to install a traffic signal at the intersection of US 27, Citrus Tower Boulevard and the South Clermont Connector, when warranted, unless funded and installed by another entity. The traffic signal must be installed and operational prior to issuance of any certificate of occupancy, unless delayed by FDOT. Upon approval by FDOT, regardless of any delay, the developer or owner is required to install a traffic signal at the intersection of US 27, Citrus Tower Boulevard and the South Clermont Connector. SECTION 5: UTILITIES AND STORMWATER 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. The project shall be plumbed for reuse water with purple piping and appurtenances, East of US 27. Until such time as reuse water is available, the developer shall provide irrigation water shall be provided for by a private well. 4. Sewer lines along the subject property West of US 27 must be under construction prior to issuance of any building permits for buildings located on the subject property west of U.S. 27. 5. 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. 6. The developer shall construct a 12-inch water main along the east side of US 27 along the property boundary and connect to the existing water main. d, CLERWONT CITY OF CLERMONT RESOLUTION NO.2025-01OR 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: 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. 3. The stormwater pond along highway 27 shall be landscaped with 3 canopy trees and 5 understory trees per one hundred feet around the perimeter of the pond. The trees shall be planted along the perimeter and along the slopes of the pond. Shrubs shall planted and form a continuous row along the top perimeter of the pond. 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 US 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 m accordance with the following design standards: 6 CLERWOM. CITY OF CLERMONT RESOLUTION NO.2025-01OR 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. 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. d' CLERMON-r CITY OF CLERMONT �,.�� RESOLUTION NO.2025-01OR Entryways: (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 tile 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 a maximum height of 30 feet above grade. 3. The Sprouts building on Lot 14 under Shoppes at Hammock Ridge Crossing - Phase 3 Commercial PB 82, PG 60-62 may have up to five (5) wall signs on the front of the building. The primary wall sign shall not exceed 270 square feet with the secondary wall signs not to exceed 280 square feet; with a total square footage of front wall signage not to exceed 550 square feet. 4. Lot 9 under Shoppes at Hammock Ridge Crossing - Phase 3 Commercial PB 82, PG 60- 62 may have a multi -tenant monument shopping center sign that will not exceed 20 feet tall and 18 feet wide. The copy area shall not exceed 203 square feet per face. 5. Lot 14 under Shoppes at Hammock Ridge Crossing - Phase 3 Commercial PB 82, PG 60- 62 may have a multi -tenant monument sign that will not exceed 8 feet tall and 10 feet wide. The copy area shall not exceed 48 square feet per face. Lighting: 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 a non -vehicular pedestrian area. Height shall be measured from the finished grade to the top of the light fixture. d= CLERWONT CITY OF CLERMONT — RESOLUTION NO.2025-OIOR 3. Pedestrian walkways and bikeways. In pedestrian walkways or bikeways the light fixture/luminaire shall be decorative in appearance, style and finish. SECTION 8: SITE IMPROVEMENTS Outdoor stora-e: 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 displace 1. Outdoor display of merchandise is prohibited except on Lot 14, Shoppes at Hammock Ridge Crossing, Phase 3 Commercial PB 82, PG 60-62. The outdoor display shall be limited along the front of the Sprouts building only under the canopy area and shall be in an organized and maintained manner. Fencing: All fencing within public view shall be ornamental metal or brick. 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. d= CEER�" �ONT CITY OF CLERMONT RESOLUTION NO.2025-01OR 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 may be excluded from the definition of "all parts of a building" or "any part thereof". The requirements of this section may be 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. SECTION 10: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 11: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 12: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 13: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. S CITY OF CLERMONT CO*LE' RESOLUTION N0.2025-OlOR DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 22nd day of April, 2025. CITY OF CLERMONT Tim Murry, M for ATTEST: Tracy Ackroyd owe, MMC, City Clerk Approved as to form and legality: C61stian V. Waugh, yfty Attorney INSTRUMENT #2025055624 OR BK 6522 PG 2416 - 2417 (2 PGS) DATE: 5/6/2025 12:22:23 PM RETURN TO: GARY J. COONEY, CLERK OF THE CIRCUIT COURT AND City of Clermont RECORDING FEES $$18 o KE COUNTY, FLORIDA Development Services Dept. 685 West Montrose St Clermont, FL 34711 SHORT FORM CONDITIONAL USE PERMIT THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit adopted and approved by the Clermont City Council by Resolution No. 2025-OIOR and agreed to and accepted by the undersigned developer/applicant as of April 22, 2025 with regard to the following described real property: LOCATION: SPROUTS FARMERS MARKET Vacant parcel, Lot 14, within the Shoppes at Hammock Ridge Crossing Located West of US Hwy 27 and East of Hammock Ridge Road Alternate Key 3951412 3.95 +/- Acres and is for the purposes of providing notice to all interested parties, the assigns, successors and heirs of the undersigned developer/applicant and all future owners of the above -referenced property that the real property described above is subject to the terms and conditions of the above -referenced Conditional Use Permit. IN WITNESS WHEREOF, the undersigned has duly executed this Short Form Conditional Use Permit as of the day set forth below. Signe , sealed and delivered in the presence of: Si a -e of Prope y ner or Developer/Applicant �f- V N A*fl)eA Printed ame and it eA34 STATE OF I e1 COUNTY OF I HEREBY CERTIFY that on this Z$ day of ANCA , 2025, before me, by means of W physical presence or [ ] online notarization, an officer duly authorized in the State aforesaid and in the Count a acknowledgements, personally appeared7i UJPgPPeK' , who is ersonally known to me r who has produced identi ica i n, and who execute t e oregoing instrument, and who did take an oath. (Stamp) NU "111ZO� 'STATEsI �� OF -'TENNFSSEE NOTARY :. PUBLIC '�.,���1 SIN • C�V.� SIGNATURE PAGE I, the undersigned, do hereby agree to each condition of this CUP Resolution No 2025-01 OR: Devel perlApplican 4Da c STATE OF .e u COUNTY OF Q The foregoing instrument was acknowledged before me this day of ; STATE OF 2025, by nam erson ac o 1 d it; n NOTARY PUBLIC SON Signature of Notary Public (stamp) V/jWhom is personally known to me or [ ] Whom has produced a valid identification. I, the undersigned, do hereby agree to each condition of this CUP Resolution No 2025-01 OR: /1� —� i aS� Ownt Date STATE OF CYlrl� 55� °1 COUNTY OF W c 3 O The foregoing instrument was acknowledged before me this �_ day of .`````` 0 Hi 2025, by 1 r S p E (Name o persona edging) _ `TENNE SEE; NOTA RY PUBLIC...**� l Signature of Notary Public 4&64t: ����'',s,O�"C va`! ��E rNON• (stamp) J,14/Vhom is personally known to me or [ ] Whom has produced a valid identification. Y Received i the office of the City Clerk on — v Date u iJ City Clerk