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CITY OF CLERMONT
RESOLUTION
NO. 1269
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A SHOPPING
CENTER WITH THREE (3) COMMERCIAL PARCELS.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held October 1, 2002 approved this Conditional Use Permit to allow the construction of a
shopping center with three (3) commercial parcels at the following location:
LOCATION
Northwest corner of State Road 50 and Hancock 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 the construction of a shopping center with three (3)
commercial parcels; 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 site shall be developed in substantial accordance with the conceptual site plan as prepared
by American Civil Engineering Co. and dated September 26, 2002. 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.
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RESOLUTION
NO. 1269
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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 shall consist of 3 commercial parcels, an anchor parcel with up to
25,100 square feet of retail and restaurant space, and two (2) out parcels. The out parcels may include
retail, pharmacy, and financial institution users.
Section 3 -Excavation and Grading/Operation Plans
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 S.R. 50, Hancock Rd., and
the frontage road, 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. 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.
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CITY OF CLERMONT
RESOLUTION
NO. 1269
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Project specific on-siteloff-site transportation improvements consistent with identified project impacts, per
the traffic study, will be the sole responsibility of the developer.
3. Prior to construction plan approval, the permittee shall dedicate right-of-way 40 ft. in width along
the entire north property line in order to accommodate the planned frontage road.
4. The frontage road must be constructed from Hancock Rd. to the first driveway prior to the
issuance of a certificate of occupancy. At such time as impact fee reimbursement is available, the
remainder of the frontage road shall be constructed along the north property line. If the north half of the
right-of-way for the frontage road is not dedicated by the adjoining property owner in time to allow for the
construction of the frontage road, temporary access to the project will be allowed. A letter of credit or
other instrument that would cover the cost of roadway construction must be provided to the City before
temporary access will be approved.
5. A westbound left turn lane shall be constructed from the frontage road into the site.
6. Cross access shall be provided between all adjoining out parcels.
• 7. Cross access shall be provided to the property to the west. Across access easement agreement
shall be executed and recorded prior to the approval of construction plans.
8. If determined necessary by staff an eastbound right turn lane into the site from the frontage road
shall be provided.
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.
2. The water main that runs along the north property line shall be lowered by the permittee to
accommodate the construction of the frontage road and in accordance with direction from the City
engineer.
Section 6 -Landscaping and miscellaneous site improvements
A minimum of 60% of the required canopy trees for all parking areas shall be live oak trees.
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.
Cardboard recycling dumpsters shall be in dumpster enclosures constructed per code.
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RESOLUTION
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Section 7 - Signage
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1. All signage for the project shall be monument signs and the signage for the two out parcels shall
meet the code for out parcel signage.
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 Design 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.
All development on the site shall follow the City's pending architectural design ordinance and the
following design standards 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.
2. No uninterrupted length of any roofline or parapet wall shall exceed one hundred (100) horizontal feet.
Materials and colors:
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RESOLUTION
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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 (i) 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. 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 be located in landscape islands. They 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.
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.
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RESOLUTION
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DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 8'h DAY OF OCTOBER 2002.
Attest: ~
Jo ph Van Zi e, City Cler
d Turville, Mayor
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