R-04-1370CITY OF CLERMONT
RESOLUTION
NO. 1370
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1124 TO
ALLOW A SHOPPING CENTER WITH OUT PARCELS THAT WILL
ACCOMMODATE RESTAURANTS, RETAIL, LIGHT DUTY AUTO
SERVICE, OIL CHANGE FACILITY, A FULL SERVICE CAR WASH
AND OFFICE SPACE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held April 6, 2004 denied this Conditional Use Permit to amend
Resolution No. 1124 to allow a shopping center with out parcels that will accommodate
restaurants, retail, light duty auto service, oil change facility, a full service car wash and office
space at the following location:
LOCATION
The southwest corner of Oakley Seaver Drive and Hunt Trace 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 a Conditional Use Permit to amend Resolution No. 1124 to allow a shopping
center with out parcels that will accommodate restaurants, retail, light duty auto service, oil
change facility, a full service car wash and office space ; 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 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.
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• CITY OF CLERMONT
RESOLUTION
NO. 1370
Page 2
3. The property shall be developed in substantial accordance with the conceptual site plan
dated May 2004 and prepared by McCoy and Associates, (hereafter called "Conceptual
Site Plan"). Formal site development 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 clearance or other development permits. The site plans shall
meet all submittal requirements and comply with the conditions of this Resolution,
applicable City Codes, Regulations, Ordinances, and the City Comprehensive Plan, as
amended. The conceptual site plan submitted with the Conditional Use Permit
application is not the approved final development 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.
6. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
7. If any of the stated conditions are violated, the applicant understands and agrees that the
City Council may revoke this Conditional Use Permit.
8. 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.
9. This conditional use 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.
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CITY OF CLERMONT
RESOLUTION
NO. 1370
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Section 2 -Land Use
1. The proposed development will consist of a shopping center to include restaurants, retail,
light duty auto service, oil change facility, full service car wash, and professional office.
2. Only one (1) of the restaurants proposed to be located on the out parcels shall be
permitted to have a drive through window.
3. Out parcels shall be limited to one structure per out parcel.
4. Hours of operation for the light duty auto service facility (Tire Kingdom) shall be limited
from 7:00 a.m. to 7:00 p.m. The light duty auto service facility shall remain closed on
Christmas, Easter and Thanksgiving.
5. The car wash and oil change hours of operation are limited from 7:00 a.m. to 8:00 p.m.
6. The oil change facility shall not utilize power hydraulic or air powered tools. All
• operations within the oil change facility shall be performed by hand tools.
Section 3 -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.
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CITY OF CLERMONT
RESOLUTION
NO. 1370
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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
acceptable to the City in accordance with best management practices (BMPs) 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.
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.
9. The Developers will construct a six foot stucco wall on the north side of the service drive,
behind Tire Kingdom and the Elite Car Wash. The wall will begin at the property line
between the Messy Dog, LLC and Pavilion Land Company ending at the southeast corner
of Lot 4, Southlake Forest Sub. (Ratliff parcel) The developers will landscape the north
side of the wall with trees and ivy or shrubs.
10. The Developers will construct a four foot stucco wall on the north end of the property,
between the Messy Dog ,LLC and Pavilion Land Company ,stretch east, northeast
between the parking lot and the water retention area up to the northern end of the parking
lot -turning east (parallel to Hunt Race Blvd.). The wall will be designed to meet
acceptable visibility safety standards. The developer will landscape both sides of the wall.
11. The Service Bays for Tire Kingdom shall be designed and constructed so as the open
bays do not face west (turned inward).
12. The Car Wash facility shall be designed and constructed with sound attenuating devices
(mufflers) added to the vacuum system and dryers placed at the greatest distance from the
residential zones.
13. The Developers are required to conduct all uses on the property that the decibel level as
measured at the property line of adjacent residential properties shall not exceed seventy
(70) decibels
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• CITY OF CLERMONT
RESOLUTION
NO. 1370
Page 5
Section 4 -Transportation Improvements
The permittee shall purchase and install streetlights per City code along Oakley Seaver
Drive frontage. Installation and maintenance of lighting internal to the project shall be
the responsibility of the permittee.
2. 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 traffc
study, will be the sole responsibility of the developer.
• 3. Roadway improvement plans for State Road 50, Citrus Tower Boulevard, Oakley Seaver
Drive and Hancock Road, including but not limited to, access drives, accel/decel 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.
4. Ingress and egress to the site for construction shall be as approved by the City Site
Review Committee.
5. No driveway access shall be provided from Hunt Trace Boulevard.
6. A northbound left turn land from Oakley Seaver Drive into the site shall be provided at
the northern driveway (north entrance) on Oakley Seaver Drive.
7. A revised site plan shall reflect he median on Oakley Seaver Drive (at the middle access
point) shall be extended north to properly reconfigure the proposed intersection.
8. A signal at the intersection of SR 50 and Oakley Seaver Drive shall be installed and
operational prior to the issuance of the first certificate of occupancy for the properties.
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RESOLUTION
NO. 1370
Page 6
Section 5 -Site Improvements/Landscaping
The landscape buffer on the north property line shall run the length of the entire parcel,
including the water retention area. The Developer shall landscape both sides of the wall,
as reflected in the conceptual plan for Resolution 1370, dated May 2004.
2. All. walls and buffers shown on the Conceptual Site Plan dated May 2004 must be
constructed as shown, and must be maintained in good condition for the duration of this
Permit.
Section 6 -Utilities
1. The permittee shall connect to the water line on the frontage road and extend the water
main on Oakley Seaver Drive to S.R. 50 and terminate at the S.R. 50right-of--way with a
cross, three valves, and a hydrant at the Southeast corner of the property. The water main
shall be shown in the Oakley Seaver Drive right-of--way and shall be installed using
• ductile iron pipe under pavement.
2. Irrigation water shall be provided by well until such time as reuse water is available. The
irrigation system shall be constructed using purple pipe to designate reuse water.
3. The permittee shall be responsible for purchasing, installing, and maintaining fire
hydrants within the project. They shall be installed according to City code.
4. The permittee shall provide a stub out from the Southwest manhole to the property line.
5. The restaurants will be required to install grease traps at a size to be determined by the
Public Works Director.
Section 7 - Signage
1. No new signage shall be allowed on Hunt Trace Boulevard.
2. One monument sign on State Road 50 not to exceed fifteen (15) feet in height and
150 square feet in size.
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• CITY OF CLERMONT
RESOLUTION
NO. 1370
Page 7
3. One monument sign on Oakley Seaver Drive not to exceed ten (10) feet in height and
100 square feet in size.
Section 8 -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. Proper screening shall
include but not be limited to provision of a minimum 10 ft. wide landscape buffer along the
rear of the structures. 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.
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CITY OF CLERMONT
RESOLUTION
NO. 1370
Page 8
2. No uninterrupted length of any roofline or parapet 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.
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:
• Each use shall have a clearly defined customer entrance featuring three or more of the following:
1. Canopies or porticos;
2. overhangs;
3. recesses/projections;
4. arcades;
5. peaked roof forms;
6. Arches;
7. Tile work and moldings which are integrated into the structure and design.
8. Integral planters or wing walls that incorporate landscaped areas and/or sitting areas.
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.
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CITY OF CLERMONT
RESOLUTION
NO. 1370
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Outdoor storage:
1. All materials stored outside must be within an opaque enclosure.
2. Mobile storage systems shall be prohibited. Mobile storage systems are the metal shipping
containers and trailers that are used to store additional inventory outside of the store.
Other:
1. Chain link fencing shall be prohibited.
2. 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 THIS 25TH DAY OF MAY 2004.
Attes
Tracy Ac oyd, City Jerk
o urville, Mayor
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