R-03-1340l ' %~
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CITY OF CLERMONT
RESOLUTION
NO. 1340
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO ALLOW THECONSTRUCTION OF AN AUTOMOTIVE
REPAIR SHOP WITH RETAIL.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held August 5, 2003 had no recommendation regarding this Conditional Use Permit to allow
the construction of an automotive repair shop with retail, at the following location:
LOCATION
The southwest corner of U.S. Highway 27 and Hartwood Marsh Road South of the Walgreens.
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 allow the construction of an automotive retain
shop with retail; 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 conceptual site plan dated
07/15/03 as prepared by American Civil Engineering. 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.
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.
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CITY OF CLERMONT
RESOLUTION
NO. 1340
Page-2-
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
The property is to be used as an automotive repair/retail center. No automobile sales will be
allowed.
2. The existing buffer wall on parcel No. 1 shall be continued south along the west boundary of
parcel No. 2, between parcel No. 2 and the retention pond, and then run east along the southern
boundary to the retail building. The wall shall be a 6 ft. high masonry wall with a ten ff. landscape
buffer along the outside perimeter of the wall. The landscape buffer shall be level across the
width of the buffer per code.
3. The landscape buffer along the north property line, adjacent to the Walgreens, shall be planted in
excess of code as directed by staff to provide an opaque landscape buffer.
Section 3 -Transportation Improvements:
Sidewalks shall be required along all public road frontages in accordance with City codes.
Section 4 -Utilities:
Grease and oil separators will be required. The size will be determined by the City Engineer and
approved by the City Utility Director.
Section 5 -Architectural design standards
Architectural plans for all buildings must be approved by the Site Review Committee prior to construction
plan approval.
All structures shall be designed and constructed in accordance with the following design standards and
the pending Architectural Design Ordinance unless otherwise approved by the City of Clermont Site
Review Committee.
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C1TY OF CLERMONT
RESOLUTION
N0. 1340
Page - 3 -
Facades and Exterior Walls:
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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. No uninterrupted length of any facade shall exceed 35 horizontal feet, except for arcaded facades
which may have an uninterrupted length of 60 linear feet. Projections, recesses, and columns are
examples of design features that can be used to meet this condition.
3. 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 six (6) inches 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 fifty (50) 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 surtace of the exterior walls shall not
include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.
2. Fagade 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 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;
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CITY OF CLERMONT
RESOLUTION
NO. 1340
Page - 4 -
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 unless within the framework of an enclosure. The
freestanding sign shall be a monument sign and constructed according to the pending sign ordinance and
as approved by staff.
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.
Outdoor storage:
All materials stored outside must be within an opaque enclosure.
• 2. All fencing shall be ornamental metal; chain link fencing is prohibited.
Outdoor display:
1. Outdoor display shall not be allowed. Outdoor storage of inventories of tires, parts, or any other
inventory, is prohibited. Parking spaces cannot be used for any outdoor display or storage of inventory.
Miscellaneous:
1. Mobile storage systems are metal shipping containers that are used to store additional inventory
outside of the store. Mobile storage systems shall be prohibited.
2. All fencing, including fencing around water retention areas, shall be ornamental metal; chain link
fencing is prohibited.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 26th DAY OF AUGUST 2003.
Attest:
Joseph Van Zile, City Clerk
Harold Turville, Mayor
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0°106:'2003 16:4? 16 ~ VACATION VILLA
1lugust 6, 2003
C1erAO~otrt City Cotmcil
P.O. Box 120219
Clermont, FL 34712-0219
Rc: Tl~e Southwest corner of US Hwy. 27 az~d Hartwood Marsh. Road South of
Waigreens
Gentlemen:
A.s owners of. Vacation. Village Condo. Assn., are respectfully requesting you
do not approve a Conditional Use Permit to allow the construction of, an automotive
repairs shop ou the property abutting ours.
We live in a quiet residential neighborhood, and we are really concerned about the noise,
pollution, and other problems that would jeopardize our peaceful surrouxtdings.
In ~malcing your final decision, please trace our thoughts into consideratiozt.
PAGE 03
Siz~cercly,
Fred, Bob, Tim, Gayle
~'a;ir letter mLSt be received by 8/20/2003, for the City Council review.
Thanks, Frankie
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Clermont City Council
P.O. Box 120219
Clermont, FL 34712-0219
Dear Council Members,
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August 19, 2003
We are writing in regards to the Conditional Use Permit request for the
construction of an automotive repair shop with 12 automotive repair bays
and retail sales at the Southwest corner of US Highwax27 and Hartwood
Marsh Road south of Walgreens.
While we recognize that this property is zoned commercial, we ask that the
City Council and Planning Department be mindful that this area abuts a
residential. community.
We ask that the quality of life of our residential community be given careful
consideration.
• An automotive repair shop in this area should be of limited size and scope.
It should be aesthetically appropriate for the area and have security and
sound barriers between it and our residential community (walls, fences, and
trees). Hours of operation should be limited to regular business hours - 9:00
a.m. - 5:00 p.m. Monday through Friday.
With proper design and cooperation, both the residences and commercial
business can coexist in harmony.
Thank you for your consideration.
Sincerel ,
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Paul & Francine Marconi
Unit 150
10301 US HWY 27
Clermont, FL 34711-8927
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PETITION
AGAINST, Conditional Use Permit to allow the construction of a 12 Bay
Automotive Repair Shop with retail sales.
LOCATION: US 27 and Hartwood Marsh/Vista Largo Blvd., South of Walgreens,
and North of Vacation Village property line. (1.85 acres)
This open air business will be located in a very populated residential area, and we
arc very concerned about the inpact it will have on our Community, and property
values.
SIGNED:
NAME:
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PETITION
AGAINST, Conditional Use Permit to allow the construction of a 12 Bay
Automotive Repair Shop with retail sales.
LOCATION: US 27 and Hartwood Marsl~/Vista Largo Blvd., South of Walgreens,
and North of Vacation Village property line. (1.85 acres)
This open air business will be located in a very populated residential area, and we
arc very concerned about the inpact it will have on our Community, and property
values.
SIGNED:
NAME: ,
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ADDRESS:
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. Date: August 21, 2003
To: City Council members
From: John B. Garzia, Jr.
Subject: Tufty variance request
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As an owner within 150 fleet of this parcel l am vehemently opposed
to the granting of this variance. Based on the information i have
reviewed there is no overwhelming hardship to grant this variance.
There are reasons you have these ordinances in place and if you
continue to grant variances at every tune then they become meaningless.
I am also troubled by staffs inconsistent application of the ordinances
we should ail abide. When planning our building wee wrere but one
parking space short of what we wanted to do but staff was adamant
that the project needed to be reworked to meet the ordinance. All of
us like to think we have a good reason for a variance but in the end
folbwing the guidelines of the parking ordinance was the right course
of action.
• The request to utilize the maintenance bays as parking is
ludicrous and reducing the required parking by almost 17% and having
smaller spaces in my opinion is unacceptable. Grantlng this request
will once again open the floodgates for other businesses to get
variances that will result in distorted development.
ohn B. Garz r.
Marie's Cards ~ Giifts
Alexmark, Inc.
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