R-08-1587CITY OF CLERMONT
RESOLUTION
NO. 1587
Page 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO A CONDITIONAL USE PERMIT (RESOLUTION #
1547) TO ALLOW THE USE OF AN AUTO RENTAL BUSINESS IN A C-2
GENERAL COMMERCIAL DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held August 5, 2008 recommended for approval of this amendment
to the Conditional Use Permit (Resolution # 1547) to allow the use of an auto rental business in a
C-2 General Commercial district at the following location:
LOCATION
South Lake Plaza Shopping Center, north of S.R. 50 and west of Bloxam Ave.
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 for a Conditional Use Permit (Resolution # 1547) to allow
the use of an auto rental business in a C-2 General Commercial district; be granted subject to the
following conditions:
CONDITIONS:
Section 1-General Conditions
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, additions to 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
submitted with the CUP application dated May 2, 2008 and prepared by Montverde
Engineering Inc. Formal construction plans and/or permits incorporating all conditions
stated in this CUP shall be submitted for review and approved by the Site Review
Committee prior to the issuance of a zoning clearance or other development permits. The
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RESOLUTION
NO. 1587
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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. 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 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.
Section 2 -Land Use
1. The proposed development shall consist of the existing shopping center with the added
use of an automotive rental business with no more than 13 rental cars on site.
2. All rental automotives shall be parked/stored on the west side of the parking lot, where 13
spaces are shown on the site plan dated May 2, 2008 by Montverde Engineering, Inc. as
submitted with the CUP application.
3. Any wash basin/area to be used shall utilize at a minimum, an oil/water separator (OWS)
system, and may drain into the City sewer system only. The system shall be maintained
and serviced on at least a quarterly basis by a company specializing in this OWS wash
system.
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RESOLUTION
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4. The wash area and OWS system shall be enclosed on three sides (N,W & S) by an
opaque fence material to be approved by the Site Review Committee.
5. Any cleaning or interior maintenance may be monitored by the City. In the event that the
noise levels create a nuisance to the surrounding property owners, the City reserves the
right to open the CUP for further review and additional conditions.
6. The automotive rental business would be limited strictly to cars, SUVs, vans, etc., that
can park in a normal 10' x 20' parking space. Any trucks over 1 '/2 tons shall be
prohibited.
7. This portion of the permit shall become null and void if the business has not begun
operation within one (1) year from the formal date of grant by the City Council for this
Conditional Use Permit.
8. No business can occupy any portion of the 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 and Zoning Department.
Section 3 - Physical Site Development
1. The applicant shall submit a detailed excavation, grading and erosion control plan for the
site during the site plan review process which must be approved by the City Site Review
Committee prior to initiation of development activity.
2. Noise levels during construction shall not exceed those recommended by the Florida
Department of Environmental Protection. Any vibratory compaction shall be limited to
the hours of 8:00 A.M. to 6:00 P.M. Monday through 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 through Saturday. Heavy Equipment or heavy machinery engines
will not be started earlier than 7:00 A.M. on any approved workday.
3. All excavated material shall be stored in a location approved by the City Engineer.
4. Geotechnical information regarding the soil characteristics of the site shall be submitted
to the City as part of the Site Review process.
5. 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
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RESOLUTION
NO. 1587
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acceptable to the City in accordance with best management practices (BMP) of the
U.S.D.A. Soil Conservation Service.
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.
8. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
Section 4 -Transportation Improvements
1. Prior to construction and development of the Planned Unit Development project, the
permittee/developer shall provide a traffic analysis that identifies the development's
impact on the City's transportation system. Based upon results of the traffic study, 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 of that
portion of the project. The permittee/ developer shall pay a pro rata share of
improvement costs based on traffic counts prior to the issuance of the first certificate of
occupancy for the shopping center portion of the project. Project specific on-site/off-site
transportation improvements consistent with identified project impacts, per the traffic
study, will be the sole responsibility of the developer.
2. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
3. The permittee/developers shall provide cross access to the property to the west.
Section 5 -Site Improvements/Landscaping
1. East buffer; perimeter wall shall be cleaned and repaired. Also the shrubs shall be
replaced in the landscape buffer.
2. Along the west property line, west of Beall's, remove the fence and re-landscape buffer
according to the current code.
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RESOLUTION
NO. 1587
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3. Additional landscape islands shall be constructed per the conceptual site plan.
4. Remove the two Palm trees located west of the northwest driveway.
5. Existing Holly trees in the parking lot shall be replaced with Live Oak trees that meet the
minimum city code requirement.
Section 6 -Architectural Design Standards
Architectural finish and building 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 properly addressed.
The following design standards shall apply to all development on the site and shall apply until
such time as citywide architectural design standards are adopted unless otherwise approved by
the City of Clermont Site Review Committee.
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. 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:
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RESOLUTION
NO. 1587
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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.
Entryways:
(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/projections;
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.
Signage:
1. Neon tubing shall not be used in building Signage. The letters in the Signage shall be the
primary color.
Lighting:
1. Light poles shall not be painted in primary colors. Parking lot lights shall be aimed
straight down and be enclosed in a shroud so that light will not project out in an upward or
horizontal direction. No portion of the bulb shall extend beyond the bottom of the
shroud.
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure. Chain link fencing is
prohibited.
Miscellaneous:
1. Mobile storage systems are metal shipping containers and trailers that are used to store
additional inventory outside of the store. Mobile storage systems shall be prohibited.
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RESOLUTION
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2. Chain link fencing shall be prohibited. Fencing around water retention areas and all other
fencing shall be ornamental metal fencing.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ON THIS 26th DAY OF AUGUST, 2008.
Harold Turville, Mayor
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