R-02-1266• •
CITY OF CLERMONT
RESOLUTION
NO. 1266
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 THREE STORY
BOLDING WHICH WILL INCLUDE RETAIL AND PROFESSIONAL OFFICES IN THE CBD CENTRAL
BUSINESS DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held August 6, 2002 granted approval of this Conditional Use Permit to allow the
construction of a three story building which will include retail and professional offices at the following
location:
LOCATION
898 W. Montrose St.
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 three story building which will
include retail and professional offices; 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
7/31/02 as prepared by Design Services, LBECI, Inc. 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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CITY OF CLERMONT
RESOLUTION
NO. 1266
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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
The proposed development may consist of office and retail uses.
2. Access to the site shall be as shown in the downtown streetscape plans.
• 3. The existing driveway on West Ave. shall be removed and as many parking spaces as possible
shall be constructed in the West Ave. right-of-way between Montrose St. and the Post Office driveway.
Section 3 -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.
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CITY OF CLERMONT
RESOLUTION
NO. 1266
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Roofs:
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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:
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. 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 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.
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RESOLUTION
NO. 1266
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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.
Section 4 -Variances
1. To be relieved from providing the full 10 ft. wide landscape buffer along the north property line.
No landscape buffer shall be required along the parking spaces, but as much of the required landscaping
shall be provided along the remainder of the north property line as possible.
2. To provide a 5 ft. wide landscape buffer along the east property line rather than the 10 ft. wide
buffer called for in the code.
3. To provide a 9 ft. wide landscape buffer adjacent to rights-of-way rather than the 15 ft. wide buffer
required by code.
4. To be relieved from providing vehicular use area (parking lot) interior landscaping as required by
code except as depicted on the site plan dated July 31, 2002 as prepared by Design Services, LBECI,
Inc.
5. To be relieved from providing a terminal landscape island at the end of a row of parking spaces.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 27'h DAY OF AUGUST 2002.
~-
ep Van ,City Clerk
.-~ _ l-`"
I-( urville, Mayor
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