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R-03-1316• • CITY OF CLERMONT RESOLUTION NO. 1316 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A STRUCTURE GREATER THAN 20,000 SQUARE FEET AND TO ALLOW FOR A BUSINESS ESTABLISHMENT TO OCCUPY MORE THAN 20,000 SQUARE FEET OF FLOOR SPACE. THE BUSINESS IS A WALMART SUPERCENTER THAT WILL INCLUDE GENERAL RETAIL SALES, GARDEN CENTER, GROCERY, PHARMACY, PERSONAL SERVICES, PROFESSIONAL OFFICES, RESTARUANTS, GAS STATION AND TIRE AND LOBE EXPRESS. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 3, 2003 approved this Conditional Use Permit to allow a structure greater than 20,000 square feet and to allow for a business establishment to occupy more than 20,000 square feet of floor space. The business is a Walmart Supercenter that will include general retail sales, garden center, grocery, pharmacy, personal services, professional offices, restaurants, gas station and Tire and Lube Express at the following location: LOCATION See Attached 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 a structure greater than 20,000 square feet and to allow for a business establishment to occupy more than 20,000 square feet of floor space. The business is a Walmart Supercenter that will include general retail sales, garden center, grocery, pharmacy, personal services, professional offices, restaurants, gas station and Tire and Lube Express; 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 5/12/03 and prepared by CPH Engineers. 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. • • • CITY OF CLERMONT RESOLUTION NO. 1316 Page-2- 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. 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. This permit is fora 218,685 sq. ft. Wal-Mart SuperCenter that will include general retail sales, a garden center, grocery store, pharmacy, personal services, professional offices, restaurants, a gas station, and a Tire and Lube Express consistent with the conceptual site plan dated May 12, 2003 as prepared by CPH Engineers. Section 3 -Site Development 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. • 2 • • • CITY OF CLERMONT RESOLUTION NO. 1316 Page-3- 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. 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. 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. 3. Citrus Tower Blvd. shall be constructed from Hooks St. to Johns Lake Road prior to issuance of the certificate of occupancy for the Wal-Mart SuperCenter. 4. The right-of-way for the frontage road shall be dedicated prior to construction plan approval. The frontage road shall be constructed from Citrus Tower Blvd. to the north property line prior to issuance of a certificate of occupancy. 5. A signal warrant analysis for the intersection of US 27 and Johns Lake Rd. shall be completed and submitted to FDOT prior to construction plan approval. The certificate of occupancy for the Wal-Mart store will not be issued until the signal is installed and operational. 6. A signal shall be installed and operational at the intersection of Citrus Tower Blvd. and Johns Lake Rd. prior to the issuance of a certificate of occupancy. 7. Dual southbound left-turn lanes from US 27 onto Johns Lake Road shall be constructed prior to issuance of a certificate of occupancy. An additional eastbound lane with appropriate turn lanes shall be constructed on Johns Lake Road between US 27 and Citrus Tower Blvd. 8. Amass transit stop shall be provided on site in accordance with the Lost Lake Reserve DRI and PUD. 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 -Landscaping and miscellaneous site improvements 1. Side slopes of the water retention areas shall be sodded and landscaped with trees. Trees shall be provided in the water retention areas that are appropriate for the soils and hydrology of the area. CITY OF CLERMONT RESOLUTION NO. 1316 Page-4- • 2. 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. 3. Cardboard recycling dumpsters shall be in dumpster enclosures constructed per code. Section 7 - SipnaAe 1. All signs for the project shall be monument signs and their size and height, etc. shall be in accordance with the approved Lost Lake PUD and the pending sign revision ordinance. Only the lettering of the brand name on the fascia of the gas station canopy may be lit. Section 8 -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. 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 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. 4 • • • CITY OF CLERMONT RESOLUTION NO. 1316 Page-5- 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: • (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 unless within the framework of an enclosure. The blue background color for the Wal-Mart SuperCenter signs shall be reduced to a limited area around the lettering. This area to be determined by staff during site plan review. 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. 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. • • CITY OF CLERMONT RESOLUTION N0. 1316 Page-6- Outdoor storage: All materials stored outside must be within an opaque enclosure. 2. All landscape materials stored outside must be within an enclosure. If the enclosure is not opaque, the enclosure shall consist of columns of the same material as the primary structure with ornamental metal fencing as screening. 3. All fencing shall be ornamental metal; chain link fencing is prohibited. Outdoor display: 1. Outdoor display will only be allowed by the Garden Center, this area shall be clearly delineated on the site plan. Outdoor display shall be separated into two categories: daily display and seasonal display. Daily display is to be taken into the store at the end of each business day, while seasonal display may remain outside overnight. Outdoor storage of inventories of fertilizer and landscaping materials, or any other inventory, is prohibited. Flowers that are displayed outside must be on movable carts and • brought in after business hours. Parking spaces cannot be used for any outdoor display or storage of inventory. Miscellaneous: 1. Cart corrals or returns shall be provided for in the parking lot. No advertising shall be allowed on the cart corrals. 2. Outdoor storage of inventory in trailers or other storage systems shall be restricted to the six (6) parking spaces identified for this use on the approved site plan, and can only be utilized during the months of October through January. 3. 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 24th DAY OF JUNE 2003. __. ~._~ ---7 Harold Turville, Mayor Attest: Jo ph Van Zile, ~ Clerk • 6 • • • Legs/ Description: A TRACT OF LAND LYING IN SECTION 32, TOWNSHIP 22 SOUTH. RANGE 26 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: POINT OF BEGINNING BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY N0. 27 (S.R. 25) PER THE F.D.O.T. RIGHT-OF-WAY MAP SECTION 11200--2509, DATED 9-22-72 AND THE NORTH RIGHT-OF-WAY UNE OF JOHN'S LAKE ROAD PER OFFlCIAL RECORDS BOOK 1771, PAGE 810 AS RECORDED IN THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. THENCE RUN ALONG SAID EASTERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY N0. 27 THE FOU_OWING THREE COURSES NORTH 25'09'24" WEST, A DISTANCE OF 7.86 FEET; THENCE NORTH 16'24'07" WEST, A DISTANCE OF 505.89 FEET; THENCE NORTH 25'09'25" WEST, A DISTANCE OF 510.74 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY UNE RUN NORTH 64'49'42" EAST, A DISTANCE OF 863.24 FEET TO POINT ON ANON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS 'OF 450.00 FEET AND A CHORD BEARING OF SOUTH 78'53'07 EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09'05'22" FOR A DISTANCE OF 71.39 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 400.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID • CURVE THROUGH A CENTRAL ANGLE OF 43'13'43" FOR A DISTANCE OF 301.79 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 500.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'08'44" FOR A DISTANCE OF 245.62 FEET; THENCE RUN SOUTH 68'20'48" EAST, A DISTANCE OF 222.78 FEET; THENCE RUN SOUTH 23'20'57" EAST, A DISTANCE OF 71.15 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY UNE OF THE PROPOSED CITRUS TOWER BOULEVARD; THENCE RUN ALONG SAID RIGHT-OF-WAY UNE THE FOLLOWING THREE COURSES, SOUTH 21'40'04" WEST, A DISTANCE OF 420.33 FEET.; THENCE NORTH-68'19'56" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 21'40'04" WEST, A DISTANCE OF 260.35 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1565.00 FEET, THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'35'20", A DISTANCE OF 98.03 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET, THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81'20'57", A DISTANCE OF 35.50 FEET TO THE NORTH RIGHT-OF-WAY UNE OF SAID JOHN'S LAKE ROAD AND A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1320.00 FEET, THENCE RUN SOUTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY UNE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34'35'06", A DISTANCE OF 796.78 FEET TO THE POINT OF TANGENCY, THENCE RUN SOUTH 64'50'35" WEST. A DISTANCE OF 84.55 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1,297,536 t SQUARE FEET, 29.79 ACRES MORE OR LESS. • • • Legal Description Reverse Frontage Road Tract: A TRACT OF LAND LYING IN SECTION 32, TOWNSHIP 22 SOUTH, RANGE 26 EAST, GTY OF CLERMONT, LAKE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: POINT OF COMMENCEMENT BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY N0. 27 (S.R. 25) PER THE F.D.O.T. RIGHT-OF-WAY MAP SECTION 11200-2509, DATED 9-22-72 AND THE NORTH RIGHT-OF-WAY UNE OF JOHN'S LAKE ROAD PER OFFlGAL RECORDS BOOK 1771, PAGE 810 AS RECORDED IN THE PUBUC RECORDS OF LAKE COUNTY. FLORIDA. THENCE RUN ALONG SAID EASTERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY N0. 27 THE FOLLOWING THREE COURSES NORTH 25'09'24" WEST, A DISTANCE OF 7.86 FEET; THENCE NORTH 16'24'07" WEST. A DISTANCE OF 505.89 FEET; THENCE NORTH 25'09'25" WEST, A DISTANCE OF 510.74. FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY UNE RUN NORTH 64'49'42" EAST, A DISTANCE OF $63.24 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 15'39'34" EAST, A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF THE PROPOSED REVERSE FRONTAGE ROAD TRACT; THENCE RUN ALONG SAID RIGHT-OF-WAY UNE THE FOU_ONANG FIVE COURSES; SAID POINT BEING ON ANON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 390.00 FEET AND A CHORD BEARING OF SOUTH 78'53'07 EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09'05'22" FOR A DISTANCE OF 61.87 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 460.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'13'43" FOR A DISTANCE OF 347.06 FEET A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF . 440.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'08'44" FOR A DISTANCE OF 216.14 FEET TO A POINT OF TANGENCY, THENCE RUN SOUTH 68'20'48" EAST, A DISTANCE OF 222.78 FEET; THENCE RUN NORTH 66'41'05" EAST, A DISTANCE OF 49.94 FEET TO A POINT OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY UNE OF THE PROPOSED CITRUS TOWER BOULEVARD ANO THE NORTHERLY RIGHT OF WAY UNE OF THE PROPOSED REVERSE FRONTAGE ROAD TRACT THENCE RUN ALONG SAID WESTERLY RIGHT-OF-WAY UNE THE FOLLOWING THREE COURSES, RUN SOUTH 21'40'04" WEST. A DISTANCE OF 120.49 FEET; THENCE RUN SOUTH 68'19'56" EAST, A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 21'40'04" WEST, A DISTANCE OF 25.10 FEET; TO A POINT OF INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY UNE OF THE PROPOSED CITRUS TOWER BOULEVARD AND THE SOUTHERLY RIGHT OF WAY UNE OF THE PROPOSED REVERSE FRONTAGE ROAD TRACT; THENCE RUN ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE THE FOU_OWING FIVE COURSES; RUN NORTH 23'20'57" WEST, A DISTANCE OF 71.15 FEET; THENCE RUN NORTH 68'20'48" wEST, A DISTANCE OF 222.78 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 500.00 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'08'44" FOR A DISTANCE OF 245.62 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 400.00 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'13'43" FOR A DISTANCE OF 301.79 FEET TO A POINT ON A REVERSE CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 450.00 FEET AND A CHORD BEARING OF NORTH 78'53'07 WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09'05'22" FOR A DISTANCE OF 71.39 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 53,313 t SQUARE FEET, 1.25 ACRES MORE OR LESS.