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R-98-0986 • CITY OF CLERMONT RESOLUTION No. 986 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 IN THE C-2 GENERAL COMMERCIAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held January 6, 1998 recommended approval of this Conditional Use Permit to allow the construction of a shopping center in the C-2 General Commercial Business 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 located in the C-2 General Commercial Business District be granted subject to the following conditions: Section 1 -General Conditions 1. The Conceptual Site Plan (Trust 101 Property), dated November 11, 1997 [Amended Page 2- 12/18/97) -- (Project No. 97080.12), prepared by Miller, Sellers, Conner & Walsh, shall serve as the approved 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 the 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. • • CITY OF CLERMONT RESOLUTION No. 986 Page-2- 4. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 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 with 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. • CITY OF CLERMONT RESOLUTION No. 986 Page - 3 - • 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 one (1) year 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 Footage and Tvae of Development The proposed development may contain up to a total of 204,732 square feet of commercial development on 23.5 acres of land. Initial development may commence with 100,500 square feet • of commercial space with up to a maximum of four (4) 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 four (4) 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** 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 • • CITY OF CLERMONT RESOLUTION No. 986 Page - 4 - Jewelry Stores Laundry and Dry Cleaning Establishments Liquor Stores MedicaVDental Offices/Professional Offices Movie Theater/Video 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 Garages. * * Excludes "Adult" oriented forms of business or service. *** Excludes Kennels or Boarding except as approved by a Conditional Use Permit. * * * * Requires Approval of a Conditional Use Permit. 2. Building Setbacks and Building Height 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. Parkin Parking shall be provided as required by the City of Clermont Land Development Regulations for each individual land use, as the project is developed. Section 3 -Transportation Improvements • 1. Sidewalks shall be required along all public road frontages in accordance with adopted City Codes. • • CITY OF CLERMONT RESOLUTION No. 986 Page - 5 - 2. The permittee/developer shall provide ofd street parking and loading spaces as required by City Code. Due to the potential diversity and variability in parking 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 areas shall be landscaped in conformance with adopted City Code. The permittee/developer shall construct an internal traffic connection link that provides direct transportation access between the out parcels 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 Department 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 necessary on Highway 50 and/or Grand Highway the permittee/developer shall pay a pro rata share of improvement costs based on traffic counts. Project specific on-site/off--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 • • CITY OF CLERMONT RESOLUTION No. 986 Page-6- (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 Management 1. Permeability tests must be submitted as part of the site plan review process. Permeability shall be maintained. Z. 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. 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 areas 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 Grading/Oaeration Plans 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 temporary and permanent grassing including • fertilizer application on all out parcel and 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 C~ J • CITY OF CLERMONT RESOLUTION No. 986 Page-7- • the U.S.D.A. Soil Conservation Service. The out-parcels located on the site shall be hydro-seeded and supplied with a constant source of irrigation that will ensure stabilization of each out parcel 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 Improvements/Landscaping All signage shall conform to adopted City Codes and Standards. 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. • • • CITY OF CLF,XMONT RESOLUTION No. 986 Page-8- 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 conunodities 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. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 27TH DAY OF JANUARY, 1998. ROBERT A. POOL, Mayor ATTEST: SEPH E. V ZILE, City Clerk • • • • Attachment "A" Resolution No. 986 That part of Tracts 1, 2, 15 and 16, Lake Highlands Company, Section 29, Township 22, Range 26, according to the plat thereof, recorded in Plat Book 3, Page 30, Public Records of Lake County, Florida, being more particularly described as follows: Commence at the northeast corner of Section 29, Township 22, Range 26; thence run S88 °46'51 "E, along the north line of said Section 29, a distance of 40.01' to the westerly right-of- way line of East Jacks Lake Road; Thence S00 ° 03' 13 "E along said westerly right-of--way line 45.41' to the point of beginning; thence continue S00 °03' 13 "E along said right-of--way 1030.01' to the northerly right-of--way line of State Road 50; thence departing aforesaid westerly right-of--way line run N89°41'37"W along said northerly right of way line of State Road 50 a distance of 993.85 ;thence departing said northerly right of way line, run N00°03'13" 1030.01; thence 589° 41'37"E 993.85' to the point of beginning. •