R-07-1545CITY OF CLERMONT
RESOLUTION
NO. 1545
Page 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR AN AMENDMENT TO
A CONDITIONAL USE PERMIT TO ALLOW TWO STRUCTURES ON
OUTPARCEL #1 WITHIN THE C-2 GENERAL COMMERCIAL ZONING
DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held September 4, 2007 recommended for approval of this
Conditional Use Permit to allow for an amendment to a conditional use permit to allow two
structures on outparcel #1 within the C-2 General Commercial zoning district at the following
location:
LOCATION
Northeast corner of U.S. Hwy. 27 and Hartwood Marsh 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 a Conditional Use Permit to allow for an amendment to a conditional use
permit to allow two structures on outparcel #1 within the C-2 General Commercial zoning
district; 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.
3. The property shall be developed in substantial accordance with an approved site plan
incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted
for review and approval of the Site Review Committee prior to authorization and
issuance of a development permit.
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RESOLUTION
NO. 1545
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.
5. Prior to the issuance of any permits, the applicant shall be required to submit formal site
plans for review and approval by the City of Clermont Site Review Committee. The site
plans shall meet all submittal requirements and comply with the conditions of this
Resolution, applicable City Codes, Regulations, Ordinances, and provide compliance
with the adopted City Comprehensive Plan, as amended.
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 by resolution.
8. The Conditional Use Permit must be executed and filed in the office of the City Manager
within 90 days of its date of grant by the City Council or the permit shall become null and
void.
9. This permit shall become null and void if substantial construction work has not begun
within two (2) years of the date 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 project will consist of a shopping center and four (4) out parcels, and shall
be constructed consistent with the conceptual site plan dated April 18, 2000 as prepared
by Farner, Barley and Associates, Inc.
2. Each out parcel shall be limited to one structure, except out parcel #1 which may be
allowed two associated structures to include a convenience store with attached fuel island
canopy and a car wash.
3. Two of the four out parcels may have a restaurant with a drive through window
4. This Conditional Use Permit shall include section 27.02 of the lease agreement between
Publix and Halverson Development Corporation. This section prevents Publix from
CITY OF CLERMONT
RESOLUTION
NO. 1545
Page 3
causing the grocery store to "go dark", that is continuing to pay the lease after vacating
the building in order to prevent a competitor from using the vacated space. See Exhibit
«B»
Section 3 - Physical Site Develoament
The applicant shall submit a 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. The permittee/developers shall seed and mulch or sod all disturbed areas that are not to
be developed within 30 days.
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.
6. 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.
7. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
Section 4 -Site Plan and Architectural Design
The developer shall construct a six (6) foot high screen wall around the rear property line
of the site (from the Winsley Street connection to Danbury Mill Road connection). In
addition Lennar shall extend the 6' screen wall from the Publix property across Winsley
Street and turning the corner to block that area and supplement with appropriate
landscaping. Also, the house closest to the Publix property at this area shall be reasonably
screened by landscaping.
2. Rear site lighting poles will be no greater than 25 feet in height and include directional
shields or lenses to contain the lighting "onsite".
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RESOLUTION
NO. 1545
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3. A minimum of sixteen (16) golf cart parking spaces shall be provided. The golf cart lane
shall be extended into the main parking lot.
4. The designated truck route for Publix will be U.S. Highway 27 to Hartwood Marsh Road,
rather than Hancock Road to Hartwood Marsh Road. Delivery trucks shall enter from
Hartwood Marsh Road, not from Danbury Mills Blvd, and exit from Winsley Street.
5. Truck deliveries shall be prohibited between the hours of 12:00 a.m. and 5:00 a.m., and
discouraged between the hours of 11:00 p.rn. and 7:00 a.m.
6. All cardboard "recyclable" goods will be picked up daily.
7. Out parcels:
a. Each out parcel shall be limited to one monument sign, eight (8) feet in height.
The total sign area including sign face and base shall be limited to 100 square
feet.
b. Out parcel structures shall be architecturally compatible with the shopping center
design.
c. The general building height shall be limited to 25 feet in accordance with the
Publix lease. This does not include cupolas or decorative enhancements.
8. Both the Publix and the retail shops shall provide rear parapet walls to screen rooftop
mechanical equipment from view.
9. The number of trees required along the rear property line buffer shall be increased from
one per 75 feet to a minimum of one per fifty (50} feet.
10. A sign shall be erected at Danbury Mills Blvd. and the shopping center road that reads
"Kings Ridge Residents Only".
Section 5 -Transportation Improvements
1. Approval of construction plans shall not be granted until the right-of--way for Hartwood-
Marsh Road has been dedicated. Right-of--way shall be dedicated so as to create 50 feet
ofright-of--way from the centerline of the existing right-of--way.
2. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
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RESOLUTION
NO. 1545
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3. The western entrance from Hartwood Marsh Road (entrance closest to U.S. 27) shall be
converted to a right-in, right-out only entrance if and when determined necessary by the
City.
4. Cross-access shall be provided between all out parcels.
5. Access to the out parcels shall be from Winsley Street or the shopping center parking lot.
Parcel #1 shall have two (2) driveways; parcel #2 shall have one (1) driveway; and
parcels #3 and #4 shall share a joint driveway, and parcel #4 may have driveway access
to Winsley Street.
Section b -Site Improvements/Landscaping
Architectural finish, building, and landscape design plans for the project shall be
submitted to and approved by the Site Review Committee prior to any development
activity to ensure aesthetic and public safety considerations are not adversely impacted.
Section 7 -Utilities
1. Restaurants will be required to install grease traps at a size to be determined by the Public
Works Director.
2. A 12" water main shall be provided along U.S. 27 and shall extend from the southwest
corner of the property to the northwest corner as the out parcels are developed, unless the
site review committee finds this is not needed for further extension of the City's system
or determines an alternate location would be satisfactory.
3. The water main on Hartwood Marsh Road is required to be a minimum of 10 inches per
our code. It shall be upsized to 12 inches and the City shall provide water impact fee
credits for the difference of the cost of materials for the upsizing.
Section S -Variances
The shopping center shall be allowed to place its sign on one of the out parcels, rather
than place it on the shopping center property itself as required by code.
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RESOLUTION
NO. 1545
Page 6
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ON THIS 25th DAY OF SEPTEMBER, 2007.
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Tracy Ackr yd, City Clerk'-
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