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R-04-1383 • CITY OF CLERMONT RESOLUTION NO. 1383 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 GASOLINE STATION WITH CAR WASH AND CONVENIENCE STORE. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 1, 2004 approved this Conditional Use Permit to allow the construction of a gasoline station with car wash and convenience store at the following location: LOCATION The Southeast corner of State Road 50 and Grand Highway. 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 the construction of a gasoline station with car wash and convenience store; 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 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. 3. Each of the stated conditions of this Conditional Use Permit must be fulfilled prior to the issuance of the Certificate of Occupancy. 4. The applicant shall be required to submit a formal site plan for review and approval by the City staff. The project shall be designed in substantial accordance with the plan presented at the 1 t CITY OF CLERMONT RESOLUTION NO. 1383 Page - 2 - preliminary site review meetings and public hearings with the exception of modifications necessary to comply with final CUP conditions. 5. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit. 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 the Conditional Use Permit is executed and signed by the appropriate parties. Substantial construction work means the commencement and continuous construction of required improvements ultimately finalized at completion. Section 2 -Land Use • 1. The property is approved for use as a gas station with up to 10 fueling stations a car wash and convenience store. Section 3 -Transportation Improvements: The developer shall provide the following transportation improvements: 1. One (1) connection shall be allowed from the site to Grand Highway. This connection shall be located as far south as possible to meet acceptable transportation safety planning principles. 2. The applicant f developer shall coordinate with the Florida Department of Transportation and City of Clermont staff on all transportation improvements as to negate duplication of design and construction as well as the necessity of overlaying the intersection to align with improvements scheduled for S.R. 50 and Grand Highway. 3. The applicant /developer shall dedicate twenty-two (22) feet of ROW along the western property boundary to accommodate improvements to Grand Highway. 4. The applicant shall provide internal access to the properties to east by connection to the existing frontage road. 2 i • CITY OF CLERMONT RESOLUTION NO. 1383 Page - 3 - 5. As reflected on Sheet 5, site plan dated 5/17/04, improvements made to Grand Highway by the developer shall consist of a. Three north bound lanes to S.R. 50, 1 left,lright,l through; and b. One southbound left turn lane into the site; and c. The Grand Highway improvements must be complete at time of Certificate of Occupancy. 6. A sidewalk shall be constructed along Grand Highway and State Road 50. 7. Access from State Road 50 shall be designed and constructed as a "right-in" only, located at the eastern part of the site with egress on the frontage road. Section 4 -Architectural Design: • 1. Architectural finish and elevations for the station shall be reviewed and approved by the site review staff prior to any development activity to ensure aesthetic considerations are addressed. 2. Architectural Design standards shall apply to all development on the site. 3. Facades and Exterior Walls: A. Facades: The Architectural Elevations provided with the CUP application shall be amended to reflect the knee wall and band design on all four sides of the structures. Amended plans shall be reviewed by site review staff. All signage shall meet city codes and be permitted separately. B. The loading areas shall be properly screened from public view. C. All storage of pallets, cardboard boxes, and other materials shall be within a screened enclosure. D. Chain link fencing shall be prohibited. 3 CITY OF CLERMONT RESOLUTION NO. 1383 Page-4- 4. Roofs: A. 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 above the tallest roof top unit. A metal or other enclosure for roof top equipment does not constitute screening from public view. 5. Materials and colors: A. The exterior finish of all improvements shall be of high quality materials, including, but not limited to, brick, stone, stucco and textured concrete masonry units. The finished surface of exterior walls shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels. 6. Signage: A. Neon tubing and scrolling text message boards are prohibited. 7. Lighting: A. The height of an outdoor lighting feature shall be a maximum of thirty feet. B. Outdoor lighting poles shall be designed to aim light straight down and be enclosed in a houseside shield and reflectors to prevent light from projecting in an upward or horizontal direction. Sag lenses, convex lenses, and drop lenses shall be prohibited. C. Neon tubing shall not be utilized for building trim or accent areas. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 22ND DAY OF JUNE 2004. arold Turville, Mayor Atte Tracy A oyd, City Jerk 4