R-09-1612CITY OF CLERMONT
RESOLUTION NO. 1612
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
AND TO INCLUDE A 137,000 SQUARE FEET RETAIL BUILDING ON
THE WE5T SIDE OF HAMMOCK RIDGE ROAD.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held April 7, 2009 with a tie vote making it no recommendation for
this Conditional Use Permit for a Planned Unit Development and to include a 137,000 square
feet retail building on the west side of Hammock Ridge Road at the following location:
LOCATION:
North and south corners of the west side of the intersection of US Highway 27 &
Citrus Tower Blvd. (East and west of Hammock Ridge Road)
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 to a Conditional Use Permit for a Planned Unit Development
and to include a 137,000 square feet retail building on the west side of Hammock Ridge Road; 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. The property located on the North & South corners of the West side of the intersection of
U.S. 27 and Hammock Ridge Road (east and west of Hammock Ridge Road) shall be developed
in substantial accordance with the conceptual site plan dated 2/27/09 prepared by Cochrane
Engineering, Inc. and the Sam's portion dated 2/27/09 prepared by Cochrane Engineering, Inc.
Formal construction plans for either the East or the West parcels, 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 for that specific parcel
located on either the East or West side of Hammock Ridge Road. The conceptual site plans
submitted with the CUP application are not the approved construction plans.
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CITY OF CLERMONT
RESOLUTION NO. 1612
3. 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.
4. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
5. 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.
6. 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.
7. 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.
8. The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
9. A slab survey shall be submitted after the form boards have been installed and before the
concrete has been poured. This is to ensure the setbacks and location of the building will
conform to the Land Development Regulations.
10. Go Dark requirements:
(a) Any and all future leases by Owner, its assigns or transferees shall provide that in the
event any tenant of any of the premises contemplated herein ceases to conduct business
for a period of six (6) months the Lease shall be automatically terminated without cause.
For purposes of this section conducting business shall be defined as the Tenants failure to
maintain wholesale or retail operation for members of the general public and shall not
include the following events:
(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 of nature.
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CITY OF CLERMONT
RESOLUTION NO. 1612
(b) Owner on its behalf and that of its assigns and transferees expressly agrees that it will
enforce the lease provision set forth above as an express condition of this Conditional
Use Permit.
11. All previous CUP's (Res. #1442 on 7/12/05 and Res. #1532 on 6/26/07) and conditions
shall remain in effect where applicable.
Section 2 -Land Use
1. This permit is for a mixed merchant center not to exceed 349,000 square feet, including
one 137,000 sq. ft. building. Tuscany Village (west) -may include those uses as permitted in the
C-1 Commercial Zoning District, such as retail, clothing apparel, home decor, and home
furnishing retailers, personal services, professional offices, and restaurants consistent with the
conceptual site plan for the West side dated 2/27/09 prepared by Cochrane Engineering, Inc. and
the Sam's portion dated 2/27/09 prepared by Cochrane Engineering, Inc.
2. Sam's Club hours of operation:
Monday -Saturday: 7:00 AM - 8:30 PM
Sunday: 10:00 AM - 6:00 PM
Sam's Fueling Station hours of operation:
Monday -Saturday: 6:00 AM - 9:00 PM
Sunday: 9:00 AM - 7:00 PM
Alternate hours of operation (e.g. seasonal) must be approved by the Site Review Committee.
Section 3 -Site Development
1. The Tuscany Village west side is divided by Hammock Ridge Road. Detailed grading,
erosion control, and dust abatement plans shall be submitted to and approved by the Site Review
Committee prior to any construction plan approvals and the initiation of development activity for
either side. The dust abatement plan shall detail measures to be taken to eliminate the migration
of dust particles from the site.
2. All excavated material shall be stored in a location approved by the City Engineer.
3. Geo-technical information regarding the soil characteristics of the portion of the site
under development shall be submitted to the City as part of the final site review process
4. 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 (BMP) of the U.S.D.A. Soil Conservation
Service.
CITY OF CLERMONT
RESOLUTION NO. 1612
5. The landscaping along Hammock Ridge Road and U.S. 27 shall be completed as
approved by the Site Review Committee, prior to the final Certificate of Occupancy for the
Sam's Club, or other building development within the Tuscany Village (west side), whichever
comes first.
6. The slope adjacent to Hammock Ridge Road may be constructed to include the required
landscape buffer and then sloped at a minimum 4:1 and stabilized with sod except in the areas
where retaining wall construction is required to facilitate permanent construction of the required
landscape buffer and street lights along the road. In addition, guard rails shall be installed as
determined by the Site Review Committee.
Section 4 -Transportation Improvements
1. The developer shall coordinate with the Lake County Public Works Department on all
transportation improvements as to negate duplication of design and construction.
2. Sidewalks shall be required along all public road frontages, including U.S. 27, in
accordance with FDOT regulations and City Codes. Sidewalks along U.S. 27 may be delayed,
with approval by City staff, due to the widening of the road.
3. 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. Project
specific on and off site transportation designs are the sole responsibility of the developer.
4. It shall be the developer's responsibility to install all required street lights, which must be
installed and operational on U.S. 27 and Hammock Ridge Road, prior to issuance of any
certificate of occupancy.
5. The developer or owner shall be required to install a traffic signal at the intersection of
Hammock Ridge Road and the center entrance (see car wash on west side), unless funded and
installed by another entity. The traffic signal must be installed and operational prior to issuance
of any Certificate of Occupancy, unless a delay approved by Lake County or the City of
Clermont.
Section 5 -Utilities and Stormwater
1. The permittee shall be responsible for purchasing, installing, and maintaining fire
hydrants within the project. They shall be installed according to City code.
2. Restaurants will be required to install grease traps at a size to be determined by an
engineer and approved by the Utility Director.
3. The project shall be plumbed for reuse water with purple piping and appurtenances, West
of U.S. 27. Until such time as reuse water is available, the developer shall provide irrigation
water shall be provided for by a private well.
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RESOLUTION NO. 1612
4. Sewer lines along the subject property West of U.S. 27 must be under construction prior
to issuance of any building permits for buildings located on the subject property west of U.S. 27.
5. All electric power, including major transmission lines, and any utility lines including but
not limited to phone and cable, must be placed underground according to all local, state and
federal guidelines.
6. The developer shall construct a lift station to be privately owned and maintained,
conforming to the City of Clermont's standard lift station construction details, to serve the entire
project site. The lift station shall be connected to the Wastewater Collection System via a
privately owned and maintained force main. The developer will transfer ownership and
maintenance responsibility for the lift station and force main to the City upon the City's request.
Section 6 -Landscaping
1. The Landscape design for all parking areas, buffers, rights of way, pedestrian ways and
focal points shall be unified and complementary to the ambiance of the center.
2. All landscape plans and plantings shall meet or exceed the City of Clermont Code.
3. The stormwater pond along highway 27 shall be landscaped with three (3) canopy trees
and five (5) understory trees per one hundred feet around the perimeter of the pond. The trees
shall be planted along the perimeter and along the slopes of the pond. Shrubs shall planted and
form a continuous row along the top perimeter of the pond.
4. All areas that have been disturbed/ graded shall be stabilized using methods approved by
the City Engineer within thirty (30) days of grading.
5. All landscaped areas shall be irrigated with a private well until reuse water is available
from the City. The developer shall be responsible for connections at that time.
6. All landscape buffers adjacent to public right-of-ways shall be established as separate
landscape tracts and maintained by an owner's association or other management entity.
Landscaping within these tracts shall be installed prior to issuing any certificates of occupancy.
7. In accordance with the Tuscany Village variance #3 granted 7/11/06, the landscape buffer
lines along internal property lines as required by Section 118-37(d)(1) of the City Code, may be
reduced or removed in order to maintain open space and landscaping within the project, as
approved by City staff. Minimum pervious space must still be maintained.
8. Decorative masonry walls shall be installed adjacent to residential properties where
retaining walls are not already present, as approved by City staff.
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CITY OF CLERMONT
RESOLUTION NOn 1612
Section 7 -Architectural Design Standards
All structures shall be designed and constructed in accordance with the Architectural Standards
of the City of Clermont. In addition, the following shall be allowed:
1. All fencing within public view shall be ornamental metal or brick, as approved by the
City's Site Review Committee.
Lighting:
1. Height. The height of an outdoor lighting fixture (inclusive of the pole and light
source/luminaire) shall be a maximum of thirty feet (30') within a parking lot, and a
maximum of fifteen feet (15') within anon-vehicular pedestrian area. Height shall be
measured from the finished grade to the top of the light fixture.
Section 8 -Site Improvements
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure, as part of the site plan
and approved by the City's Site Review Committee.
2. Storage of inventory in trailers or other storage systems shall be prohibited.
3. Shopping cart returns shall be provided within the retail structures. Exterior returns are
not permitted any store or merchandise advertising.
Outdoor display:
1. Outdoor display of merchandise is prohibited.
Section 9 -Public Safety
PUBLIC SAFETY COMMUNICATIONS AMPLIFICATION
(Bi-Directional Amplified Distributed Antenna System)
Except as otherwise provided, no person or organization shall maintain, own, erect or construct
any building or structure or any part thereof or cause the same to be done which fails to support
adequate radio coverage to public safety service workers, including but not limited to firefighters
and police officers.
For the purposes of this section, adequate radio coverage shall be as determined by the city fire
official. The frequency ranges which must be supported include frequencies in use and/or
licensed to the fire, law enforcement and EMS providers for the City of Clermont. The building
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CITY OF CLERMONT
RESOLUTION NO. 1612
official and/or City of Clermont Fire Marshal may require tests as evidence of compliance to be
made at no expense to this jurisdiction.
Buildings and structures over thirty-five (35) feet in height, buildings with below grade spaces or
parking, buildings with any floor greater than 30,000 square feet and other buildings where
required to provide adequate signal strength which cannot independently support the required
level of radio communications coverage shall be equipped with any of the following in order to
achieve the required adequate radio communications coverage: a radiating cable system or an
internal multiple antenna system with FCC type-accepted signal booster amplifiers as needed.
If any part of the installed system or systems contains an electrically powered component, the
system shall be capable of operating on an independent battery and/or generator system for a
period of at least twelve (12) hours without external power input. Any battery system employed
shall automatically recharge in the presence of an external power input. In the event that a signal
booster is employed it shall be fully encased within a dust and water resistant case.
For purposes of this section elevators may be excluded from the definition of "all parts of a
building" or "any part thereof '. The requirements of this section may be waived by the City of
Clermont fire official for buildings which do not have below grade spaces or parking in areas and
circumstances where it is recognized that adequate radio communications coverage will be
acceptable.
A certificate of occupancy may not be issued for any building or structure which fails to comply
with this requirement.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ON THIS 28th DAY OF APRIL, 2009.
ATTEST•
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Tracy Ackroy ,City Clerk
Harold S. Turville, r., Mayor
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