R-00-1128• •
• CITY OF CLERMONT
RESOLUTION
NO. 1128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1036 TO
INCREASE THE ALLOWABLE SQUARE FOOTAGE FROM 204,732 SQUARE FEET TO 232,331
SQUARE FEET AND TO INCLEASE THE NUMBER OF OUT PARCELS FROM FOUR (4) TO FIVE (5).
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a
meeting held May 2, 2000 recommended approval of this Conditional Use Permit to amend Resolution No. 1036 to
increase the allowable square footage from 204,732 squaee feet to 232,331 squaee feet and to increase the number of
out.{~azcels from fo}tr (4) to five (5) located in the C-2 General Commercial district at the following location:
LOCATION
In the Kash `n Karry shopping center located at the corner of S.R. 50 and Citrus Tower Blvd.
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; to amend Resolution No. 1036 increase the allowable square
footage from 204,732 square feet to 232,331 square feet and to increase the number of out pazcels from four (4) to
five (5).
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 amend Resolution No. 1036 to increase the allowable
square footage from 204,732 square feet to 232,331 squaee feet and to increase the number of out parcels from four
(4) to five (5) located in the C-2 General Commercial District.
• CONDITIONS:
Section 1 -General Conditions
1. The Conceptual Site Plan
,Clermont Town Center dated
February 2000 as areaared by Miller. Einhouse. Rymer & Associates, Inc., shall serve as the
conceptual plan for future development.
2. 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.
3. Upon approval of this 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.
4. Construction and operation of the proposed use shall at all times comply with the regulations of this and
other governmental agencies.
5. 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.
•
• •
• 6. 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.
7. The property shall be developed in substantial accordance with an approved site plan and
Operation/Reclamation 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.
8. All applicable rules and regulations shall be met, including but not limited to, final site plan approval,
landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping shall
. be served y~ith a permanent irrigation system including back flow prevention device and rain sensor
equipment. All such appurtenances shall be properly maintained. The drainage and stormwater retention
requirements of the City and the appropriate regulatory agencies shall be met, and approved by the City
Engineer. All such areas shall be properly maintained.
9. Performance bonding shall be required for all public infrastructure (transportation, potable water, and waste
water systems) and reclamation improvements, including on-site and off-site locations, evidencing impact
by the proposed development. An estimate of costs shall be prepared, certified and submitted by the
Engineer of record and approved by the City Engineer. The City shall then determine the bond amount in
accordance with adopted City Code regulations.
10. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random
inspections for compliance with Conditional Use Permits conditions.
• 11. 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.
12. 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
The Conditional Use Permit for the Shopping Center shall mean and include the total of the following land uses:
Square Footaee and Tvpe of Development
The proposed development may contain up to a total of 2A4;~32 232.331 square feet of commercial development on
30 acres of land. with up to
a maximum of €e~{4) five 5 out parcels. Ultimate, physical development will be dependant upon actual tenant
construction scenarios, contingent upon compliance with development criteria specified within the adopted City
Land Development Regulations. Specifically, out parcel development shall not exceed the €eur-(4~ five 5 sites as
indicated on the Conceptual Site Plan provided for preliminary project approval.
The established uses shall be compatible with those uses indicated within the C-2 Zoning Category of the City of
Clermont Land Development Regulations. The list of allowable uses shall include those following:
Automobile and Home Supply Stores
Automotive Service Stations with Pump Islands*
Banks
Barbers/Beauty Shops
Book and Stationary Shops**
2
• •
• Business and Personal Services**
Child Care Facilities****
Clothing and Shoe Stores
Department and Home Improvement Stores
Drug Stores
Eating and Drinking Establishments**
Fabric Stores
Florist
Hardware Stores
Health and Fitness Centers
Jewelry Stores
Laundry and Dry Cleaning Establishments
. Liquor Stores 1
Medical/Dental Offices/Professional Offices
Movie TheaterNideo Establishments**
Office Supplies
Pet Shops
Public Facilities and Services
Retail Music Store
Retail Nurseries and Garden Stores
Shoe Repair
Sporting Goods Stores
Supermarkets/Other Retail Food Stores (e.g., bakery, butcher, seafood market)
Toy and Games Shops
Travel Agents
Veterinary***
• Notes:
* Excludes Automobile Repair Gazages.
** Excludes "Adult" oriented forms of business or service.
*** Excludes Kennels or Boazding except as approved by a Conditional Use Permit.
**** Requires Approval of a Conditional Use Permit.
2. Buildin¢ Setbacks and Buildine Heieht
All buildings shall maintain a 50' setback from State rights-of-way, 25' setback from City and County rights-of-way,
and 25' setback from adjacent properties.
The maximum building height shall be 35 feet.
3. Parking
Parking shall be provided as required by the City of Clermont Land Development Regulations for each individual
land use, as the project is developed.
Out Parcel
Only one structure may be built on each out pazcel. One of the out parcels may have a restaurant with a drive
through window.
3
• •
•
Section 3 -Transportation Improvements
1. Sidewalks shall be required along all public road frontages in accordance with adopted City Codes.
2. The permittee/developer shall provide off-street parking and loading spaces as required by City Code. Due
to the potential diversity and vaziability in pazking demand for the project, the final decision on the
aggregate amount of parking and vehicular use space shall be determined by the City Site Review
Committee in consideration of traffic engineering and site specific data that are applicable to the proposed
development and intended uses to be constructed. All said required parking and vehicular use azeas shall
be landscaped in conformance with adopted City Code.
r
3. The permittee/developer shall construct an internal traffic connection link that provides direct
transportation access between the out pazcels and property situated adjacent to the west of the site.
4. Roadway improvement plans for East Jack's Lake Road, North Ridge Boulevard, Pitt Street, State Road 50,
Grand Highway, additional public streets, and the project site, including but not limited to, access drives,
acceUdecel 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
Depaztment of Transportation and Lake County prior to commencement of any development activity for
any portion of the project. At such time as signalization is determined warranted and necessazy on
Highway 50 and/or Grand Highway the permitteeJdeveloper shall pay a pro rata share of improvement
costs based on traffic counts. Project specific on-siteJoff-site transportation improvements consistent with
identified project impacts will be the sole responsibility of the developer.
• 5. Prior to construction and development of the Shopping Center project, the permittee/developer shall
provide a traffic analysis which identifies the development's impact on the City's transportation system.
Project expansion whose site location, anticipated total trip generation, circulation patterns, or other such
factors that warrant a more extensive review of traffic impacts may also be required a traffic analysis;
performance shall be contingent upon formal notification by the City.
6. Ingress/egress to the site for construction shall be from East Jack's Lake Road. No ingress or egress of
machinery or trucks shall be allowed from Highway 50.
7. A Florida Department of Transportation (FDOT) permit will be required and filed with the City for any
activity proposed to occur along Highway 50 right-of--way prior to issuance of development approval or
permitting by the City.
8. The applicant will be required to maintain swales and/or other acceptable erosion protection devices along
SR 50, East Jack's Lake Road, and/or other roadways (temporary or permanent) which are utilized for
construction of the project and property. Said improvements will be approved and inspected by the City
Engineer prior to any development activity being conducted.
Section 4 -Stormwater Manaeement
Permeability tests must be submitted as part of the site plan review process. Permeability shall be
maintained.
Verification of the Stormwater run-off data, assumptions, and calculations shall be provided and approved
by the City Engineer and other applicable jurisdictional agencies prior to any development activity.
r:
4
•
• 3. A St. John's River Water Management District stormwater permit shall be required and filed with the City
prior to receipt of a building permit or any development activity on the site.
4. Final disposition of Stormwater outfall shall be as approved by the City Engineer.
5. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V). The side slopes shall be
sodded. All other azeas being disturbed shall be stabilized with landscape and sod in accordance with
adopted City Code.
6. Final disposition of Stormwater outfall shall be as approved by the City Engineer.
Section 5 -Excavation and Gradine/Oueration Plans
• r
1. The applicant shall submit a detailed excavation, grading and erosion control plan for the entire site during
the site plan review process which must be approved by the City Site Review Committee prior to initiation
of development activity.
2. All excavated material shall be stored in a location approved by the City Engineer.
3. Geotechnical 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 temporazy and permanent grassing including fertilizer
application on all out pazcel and disturbed azeas, 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. The out-pazcels located
• on the site shall be hydro-seeded and supplied with a constant source of irrigation that will ensure
stabilization of each out pazcel until actual construction occurs.
5. In areas where substantial earth work requires filling/compaction, density tests will be conducted at a
maximum of 2 foot intervals in order to prove compaction requirements. All disturbed soils shall be
compacted to 95% density of modified proctor.
6. 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. The plan must specifically outline those measures recommended
by the United States Department of Agriculture Soil Conservation Service and the Florida Department of
Environmental Protection (FDEP).
7. 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. Slopes greater than 3:1 shall be prohibited.
8. Noise levels shall not exceed those recommended by the Florida Department of Environmental Protection
(FDEP). All vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday thru
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 thru Saturday. Heavy equipment maintenance operations and\or heavy machinery
engines will not be started earlier than 7:00 A.M. on approved work days.
Section 6 -Site Imarovements/Landscaaine
All signage shall conform to adopted City Codes and Standards.
5
• •
• 2. Buffering and screening shall be required in accordance with adopted City Codes. All buffering and
screening shall be provided in conformance with the site and landscaping plan approved by the City Site
Review Committee. All required landscaping must be served with a permanent irrigation system, backflow
prevention device, and rain sensor gauge. The system and all dependant devices shall be properly
maintained.
3. All dumpster and other external equipment sites shall be enclosed with masonry structures with wooden
gates. All such structures and appurtenances shall be landscaped in accordance with City code and plans
approved by the City Site Review Committee.
4. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site
and does not adversely impact abutting properties.
r
5. Architectural finish, building, and landscape design plans for the commercial center 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.
6. Commercial display of commodities for sale shall be located within a completely enclosed building and
conform to City regulations for storage, screening, and location criteria for placement adjacent to the tenant
structure, unless an open air sales permit has been received and approved by the City.
Section 7 -Architectural Desien 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.
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. The average height of such pazapets 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 pazapet 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.
•
6
•
•
• 3. Building trim, window 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~ys:
(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/projec[ions;
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.
Sienaae:
1. Neon tubing shall not be used in building signage unless within the framework of an opaque cover. 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.
• Outdoor storaee:
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.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 23rd DAY OF MAY, 2000.
Attest:
/ Harold S. Turville, r., Mayor
Jo ph E. VanZile, Jerk
•
7