R-08-1565CITY OF CLERMONT
RESOLUTION
NO. 1565
Page 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO THE CONDITIONAL USE PERMIT TO ALLOW
MORE THAN FOUR TENANTS WITHIN A COMMERCIAL SHOPPING
CENTER AND TO ALLOW FOR A BUILDING TO EXCEED 20,000
SQUARE FEET IN THE C-2 GENERAL COMMERCIAL DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held April 1, 2008 recommended for approval of this amendment to
the Conditional Use Permit to allow more than four tenants within a commercial shopping center
and to allow for a building to exceed 20,000 square feet in the C-2 General Commercial District
at the following location:
LOCATION
North side of State Road 50, approximately 1,000 feet
east of Citrus Tower Boulevard
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 an amendment to the Conditional Use Permit to allow more than four tenants
within a commercial shopping center and to allow for a building to exceed 20,000 square feet in
the C-2 General Commercial District; be granted subject to the following conditions:
CONDITIONS:
Section 1 -General Conditions
1. The conditions as set forth in this Conditional Use Permit (CUP) shall be legally binding
upon any heirs, assigns and successors in title or interest.
2. No further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
3. The property shall be developed in substantial accordance with the conceptual site plan
prepared by Denham Summitt Engineering, LLC and dated February 5, 2008. Formal
construction plans, 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
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RESOLUTION
NO. 1565
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clearance or other development permits. The conceptual site plans submitted with the
CUP application are not the approved construction plans.
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. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
6. 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.
7. The Conditional Use Permit must be executed and processed through the office of the
City Manager within 90 days of its date of grant by the City Council or the permit shall
become null and void.
8. 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 South Lake Village development may consist of those uses as permitted
within the C-2 General Commercial zoning district.
2. No business can occupy any portion of any building after construction and final
Certificate of Occupancy, unless the proposed business has applied for and obtained a
Local Business Tax Receipt from the Clermont Planning & Zoning Department.
Section 3 -Excavation and Grading/Operation Plans
1. 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. The dust abatement plan shall detail
measures to be taken to eliminate the migration of dust particles from the site.
2. The permittee/developers shall provide ground cover on all disturbed areas, where
construction is not immediately intended. Ground cover shall be provided in accordance
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RESOLUTION
NO. 1565
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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. All excavated material shall be stored in a location approved by the City Engineer.
4. Geo-technical information regarding the soil characteristics of the site shall be submitted
to the City as part of the final site review process
5. Ingress and egress to the site for construction shall be determined by the City Engineer.
6. The property shall be graded in accordance with the conceptual site plan prepared by
Denham Summitt Engineering, LLC and dated February 5, 2008; this allows for a change
in elevation of up to 20 feet over a portion of the site as depicted on the grading plan-
Section 4 -Transportation Improvements
1. Dedicate a total right of way of 70 feet along the eastern property boundary from State
Road 50 to Legends Way for Champions Way.
2. Champions Way shall be designed, permitted and constructed from State Road 50 to
Legends Way. The design and construction of the roadway shall include a three lane
section, and must be completed prior to the first Certificate of Occupancy is issued.
3. Improvements along State Road 50 shall include an east bound directional onto
Champions Way, west bound turn lane onto Champions Way and a west bound right turn
lane into the project site.
4. Sidewalks shall be constructed along all right-of--ways adjacent to the site. Sidewalks
along S.R. 50 may be delayed, with approval by City staff, due to the widening of the
road.
5. All improvements and dedications shall be completed prior to issuance of any certificate
of occupancy for the site.
6. The cost of design, permitting and construction of all improvements are the responsibility
of the developer.
Section 5 -Utility Improvements
1. Lower and relocate the 16-inch water main along Legends Way to accommodate the
grading of the project site. The newly constructed water main shall be ductile iron pipe
and shall accommodate future connections to adjacent parcels.
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RESOLUTION
NO. 1565
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2. Dedicate a 15-foot easement for the existing water main along the west property
boundary.
3. All improvements and dedications shall be completed prior to issuance of any certificate
of occupancy for the site.
4. The cost of design, permitting and construction of all improvements are the responsibility
of the developer.
Section 6 -Landscaping
1. All landscape plans and plantings shall be in accordance with the landscape site plan, as
submitted by Landscape Designs, LLC and dated February 5, 2008, and shall meet or
exceed the City of Clermont Land Development Code.
Section 7 -Architectural Design Standards
All structures shall be designed and constructed in accordance with the Architectural Standards
of the City of Clermont. In addition, the following shall be allowed:
1. All fencing within public view shall be ornamental metal or brick.
2. All materials stored outside must be within an opaque enclosure, as part of the site plan
and approved by the City's Site Review Committee. Storage trailers or other storage
systems shall be prohibited.
Li hting_:
1. 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 anon-vehicular pedestrian area. Height shall be
measured from the finished grade to the top of the light fixture.
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RESOLUTION
NO. 1565
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3. Pedestrian walkways and bikeways. In pedestrian walkways or bikeways the light
fixture/luminaire shall be decorative in appearance, style and finish.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ON THIS 27th DAY OF May, 2008.
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Harold Turville, Mayor