R-04-1358 CITY OF CLERMONT
RESOLUTION
NO. 1358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1205 TO ALLOW THE
PARKING LOT LIGHTS TO BE PLACED OUTSIDE OF LANDSCAPE ISLANDS; TO AMEND THE
SITE PLAN TO ALLOW A STAND ALONE, 6,000 SQUARE FOOT RETAIL CENTER; AND TO ALLOW
THE RETENTION POND AND OUT PARCEL "D" TO BE REPOSITIONED ON THE SITE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held January 6, 2004 approved this Conditional Use Permit to amend Resolution No. 1205,
to allow the parking lot lights to be placed outside of landscape islands; to amend the site plan to allow a
stand alone, 6,000 square foot retail center; and to allow the retention pond and out parcel "D' to be
repositioned on the site, at the following location:
LOCATION
Citrus Tower Village, Citrus Tower Blvd to the south, Division Street to the north and Highway 27 to the
West.
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. 1205, to allow the
parking lot lights to be placed outside of landscape islands; to amend the site plan to allow a stand alone,
6,000 square foot retail center; and to allow the retention pond and out parcel "D" to be repositioned on
the sit; 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 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 revised conceptual site plan dated
12/29/03 as prepared by Avid Engineering, Inc. 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 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.
CITY OF CLERMONT
RESOLUTION
NO. 1358
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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 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.
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 may contain up to 160,086 square feet of retail space, six (6) out parcels,
and professional office and restaurant uses consistent with the conceptual site plan dated December
29, 2003 as prepared by Avid Engineering, Inc.
2. The allowable uses shall be those uses indicated within the C-2 Zoning Category of the City of
Clermont Land Development Regulations.
3. The out parcels along U.S. Highway 27, out parcels A,B,C, and D, shall be limited to one structure per
out parcel.
4. Retail and grocery store space shall not "go dark" as specified in the following language:
(a) Without Cause. In the event Tenant ceases to conduct business from the Premises for
any reason other than those set forth in Paragraph (b) entitled "With Cause", for a
period of six (6) consecutive months, the landlord shall terminate the lease.
(b) With Cause. The terms and provisions of Paragraph (a) shall not apply in the
event Tenant does not commence conducting business from the Premises thereafter
ceases to conduct business from the Premises, due to causes for which such failure to
commence or such cessation are excused including, without limitation, the following: (i)
the failure of Landlord to commence or complete construction of the Premises; (ii)
alteration, repair, or restoration of the Premises; (iii) interruption of utilities, (iv) fire or
other casualty; (v) default by Landlord; (vi) eminent domain; (vii) force majeure.
5. Only one of the out parcels shall be eligible for a gas station/convenience store. A convenience store
is a conditional use and must be approved pursuant to a Conditional Use Permit.
CITY OF CLERMONT
RESOLUTION
NO. 1358
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Section 3 - Excavation and Grading/Operation Plane
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 out parcel and disturbed areas, where
construction is not immediately intended. Ground cover shall be provided in accordance 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. Ingress and egress to the site for construction shall be determined by the City Engineer.
Section 4 -TransPortation Improvements
1. Sidewalks shall be required along all public road frontages, including U.S. 27, in accordance with
FDOT and City Codes.
2. Prior to construction plan approval, the permittee/developer shall provide a traffic study that identifies
the development's impact on the City's transportation system.
3. Based upon results of the traffic study as referenced in Item 2 above, 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. 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.
4. The permittee shall contribute its fair share of the cost of improvements to Citrus Tower Blvd. and the
intersection of U.S. 27 and Citrus Tower Blvd./Grand Highway as determined by Lake County,
F.D.O.T., and the City of Clermont.
5. If signalization is determined warranted and necessary at the intersection of Citrus Tower Blvd. and
Grand Highway, the permittee/developer shall pay a pro rata share of signalization improvement costs
based on traffic counts.
6. Cross access shall be provided between all adjoining out parcels.
7. Westbound decel lanes shall be provided into the site at the eastern most entrance off Citrus Tower
Blvd. and at the entrance in front of the grocery and retail stores off Citrus Tower Blvd.
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CITY OF CLERMONT
RESOLUTION
NO. 1358
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8. Within two years from the date the first certificate of occupancy is issued in Phase I,
paved access shall be provided across Phase II to connect Phase I with Division St. The access
across Phase II shall be provided by the permittee of Phase I.
9. Loading areas for grocery and retail stores do not appear to be adequate in size or depth. At the time
of construction plan review, the applicant will be required to demonstrate that the loading areas as
depicted on the conceptual site plans will be adequate. Required parking spaces cannot be blocked
by loading areas.
Section 5 - Utilities and Stormwater
1. Restaurants will be required to install grease traps at a size to be determined by the Public Works
Director.
Section 6 - Landscaoin. and miscellaneous site im;)rovements
1. The landscape buffer along U.S, 27 shall be 20 feet in width and landscaped in excess of code. The
landscape buffers along Citrus Tower Blvd. and Division Street shall be 10 ft. in width.
2. A buffer shall be provided between the shopping center and the residential development to the east. It
will consist of an 18 ft. landscape buffer with berm and a continuous hedge and live oak trees
planted a maximum of 50 feet on center. The buffer shall include a 6 ft. high masonry wall along the
east side of the easternmost drive isle off Citrus Tower Blvd. The wall shall run from Citrus Tower
Blvd. north and west along the perimeter of the drive isle to a point such that headlights from
eastbound vehicles will not shine into the residential homes.
3. Per code, side slopes of water retention areas shall be sodded and irrigated. Trees shall be provided
in the water retention areas that are appropriate for the soils and hydrology of the area.
4. Parking lot landscape islands shall be a minimum of 200 sf in area and 10 ft. in width, not including the
curb.
5. Slopes of the water retention areas shall be sodded and landscaped with trees.
6. A minimum of 60% of the required canopy trees for all parking areas shall be live oak trees.
7. The project shall be plumbed for reuse water with purple piping. Until such time as reuse water is
available irrigation water shall be provided for by well, or irrigation meter connected to the City system.
Final determination for source of irrigation water shall be made by the City Council prior to the
commencement of construction.
8. Cardboard recycling dumpsters shall be in dumpster enclosures constructed per code.
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CITY OF CLERMONT
RESOLUTION
NO. 1358
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Section 7 - Sianaae
1. One sign for the grocery store and retail shall be allowed on each street frontage, The signs on Citrus
Tower Blvd. and Division St, shall be monument signs limited to 100 square feet.
2. Billboards and other signage not directly associated with the approved project shall be removed prior
to the commencement of any construction on the site, including grading.
Section 8 - Architectural Desian 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 grocery
and retail stores. 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 fiat 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 f~teen (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.
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RESOLUTION
NO. 1358
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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. Facxade colors shall be Iow 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 tile 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.
2. Signage may include store identification including garden center and contractor pickup, etc., but not
advertising such as "We Sell for Less" or "Low Prices", etc.
Lighting:
1. Light poles shall not be painted in primary colors and they shall be no greater than 25 ft. in height,
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure. Chain link fencing is prohibited.
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RESOLUTION
NO. 1358
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Miscellaneous:
1. Cart returns in the parking lot shall be provided for those stores that provide shopping carts.
2. 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.
3. 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 THIS 27th DAY OF JANUARY 2004.
Tracy Ackroy, d;City Cler~//
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