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R-2010-01CITY OF CLERMONT RESOLUTION N0.2010-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO RE-DESIGNATE ALLOWABLE USES FOR PARCEL C WITHIN THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held December 1, 2009 recommended for approval of this amendment to a Conditional Use Permit to re-designate allowable uses for Parcel C within the Planned Unit Development Zoning District; at the following location: LOCATION: Southwest of Citrus Tower Boulevard and Steve's 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 to re-designate allowable uses for Parcel C within the Planned Unit Development Zoning District; be granted subject to the following conditions: CUP 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 master site plan as shown in the revised Exhibit "A" incorporating all conditions of this Conditional Use Permit. 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 RESOLUTION N0.2010-O1 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. 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 that 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 Lost Lake Reserve project shall be developed in accordance with the directives of the DRI, this CUP/PUD and the Comprehensive Plan for this Master Planned Development. The project shall be permitted for a maximum total of 1,108 single and multifamily residential dwelling units. The development consists of the following elements as depicted in Exhibit "A": Residential: • Parcel "A" -detached single family residential units with a minimum lot size of 9000 sq. ft. and a minimum lot width of 75 ft. All other development standards shall be consistent with the R-1 Single-family Medium Residential Zoning District. • Parcel "B" -detached single family residential units with a minimum lot size of 01020 sq. ft. and a minimum lot width of 100 ft. All other development standards shall be consistent with the R-1-A Single-family Low Density Residential Zoning District. • Parcel "C1" - 20.77 acres of park land. A deed restriction shall be imposed by the developer to allow only athletic fields, recreation and open space uses. Parcel C-1 shall be developed in substantial accordance with the conceptual site plan dated March 6, 2010 2 CITY OF CLERMONT RESOLUTION N0.2010-O1 and the perspective drawings as developed by AECOM and Forum Architectures & Interior Design Inc. for Maxcy Development Group, as shown in Exhibit "B". • Parcel "C2" - 16.41 acres with up to 192 multi-family residential units. Townhomes, duplexes, quadruplexes, condominiums, or apartments may be constructed at a maximum density of 12 dwelling units per acre. Parcel C-2 shall be developed in substantial accordance with the conceptual site plan dated March 6, 2010 and the perspective drawings as developed by AECOM and Forum Architectures and Interior Design Inc. for Maxcy Development Group, as shown in Exhibit "B". • Parcel "D" - up to 300 multifamily residential units on 25 acres. Townhomes, duplexes, quadruplexes, condominiums, or apartments may be constructed at a maximum density of 12 dwelling units per acre. • Parcel "E" -detached single family residential units with a minimum lot size of 9000 sq. ft. and a minimum lot width of 75 ft. All other development standards shall be consistent with the R-1Single-family Medium Residential Zoning District. • Parcel "F" -detached single family residential units with a minimum lot size of 9000 sq. ft. and a minimum lot width of 75 ft. All other development standards shall be consistent with then-1Single-family Residential Zoning District. • Parcel "G" - up to 300 multifamily residential units on 25 acres Townhomes condominiums or apartments may be constructed at a maximum density of 12 dwelling units per acre. Non-residential: • Parcels "H" & "R" -allow for a variety of professional office and personal services uses. Allowed uses shall be the professional office and personal services as permitted in the C- 1zoning district. All regulations of the C-1 zoning district shall apply to these uses. In addition, residential uses are limited to 1 du/5,000 sq. ft. of the heated and cooled area. Subdivisions of commercial land must go through the commercial subdivision platting process. • Parcel "I" -Worship and Daycare - A 5.04 acre parcel reserved for a worship site. In addition to worship uses the parcel can also include daycare and primary educational uses associated with the church; however, and daycare and educational uses shall be subject to a conditional use approval by the City. • Parcels "K" & "J" -Commercial Villages -allow development of a variety of retail and service uses to serve the PUD and nearby neighborhoods, consistent with the regulations in the C-2 General Commercial zoning district. Permitted uses in C-2 shall be permitted 3 CITY OF CLERMONT RESOLUTION N0.2010-O1 and Conditional Uses in C-2 shall require a conditional use permit. The following uses shall be prohibited: "adult" oriented forms of business or services including adult bookstores; tattoo and body piercing establishments; psychic readers; pawn shops and campgrounds. Shopping centers require a CUP and other subdivisions of commercial land must go through the commercial subdivision platting process. The construction of a retail establishment which exceeds 100,000 square feet in size shall be permitted on Parcel K without obtaining a variance. A CUP is required for the purpose of reviewing the plan for compliance with this CUP and other City Codes and Ordinances. (29.17 acres developed Wal-Mart; 11.30 acres available). • Parcel "L" -Town Center - allows a variety of retail and service uses, consistent with the C-1 Light Commercial zoning district. Residential uses shall be allowed at a ratio of 1 du/2500 sq. ft. of heated and cooled space. The following uses shall be prohibited: "adult" oriented forms of business or services, i.e. adult bookstores; tattoo and body piercing establishments; psychic readers; pawnshops and campgrounds. Shopping centers require a CUP and other subdivisions of commercial land must go through the commercial subdivision platting process. • Parcel "M" - An 11.4 acre Recreation and Open Space (ROS) parcel bridges the gap between the Eagle Lake perimeter park and Lost Lake Elementary School. It is proposed for active community recreation such as field and court sports. • Approximately 15.2 acres is planned for passive recreation for the perimeter of Lake Felter. This Recreation and Open Space (ROS) feature coincides with the 100 year floodplain. • A linear park that borders both sides of Citrus Tower Boulevard along Parcels "B", "C", "D", and "E". • Parcel "N" - A 1.0 acre parcel is reserved for a Community Facility at the northeast corner of the 11.2 acre ROS parcel. Section 3 -Physical Site Development and Environmental Issues 1. A dust abatement and soil erosion plan shall be submitted to the City detailing measures to be taken to eliminate the migration of dust particles and soil erosion. A water buffalo shall be available to apply water within 24 hours of notification by City. All disturbed areas that are not to be developed within 30 days after grading is completed shall be seeded and mulched or sodded unless an alternative plan is submitted to and approved by the City. 2. Gopher tortoises shall be relocated to an approved reception site subject to approval of the Florida Game and Fresh Water Fish Commission. If relocation is not approved due to health 4 CITY OF CLERMONT RESOLUTION N0.2010-O1 reasons a Take Permit will be obtained from the Fish and Game for tortoises that cannot be relocated due to health reasons. 3. The Lake Felter mitigation has been completed in accordance with the plans approved by the City and the SJRWMD. The mitigation is subject to the monitoring requirements under the permit. The Eagle Lake mitigation plans have been submitted to the SJRWMD in accordance with the Consent Order issued by SJRWMD. In accordance with the Consent Order, the Eagle Lake restoration must be completed prior to development north of John's Lake Road or when water levels rise to normal levels. All activity in the floodplains or wetlands requires a permit from the City per Section 94-34 of the code. 4. A tree survey and inventory is required for all trees six (6) inches and over in diameter and a replacement plan is required for those trees to be removed. 5. Mass grading shall be permitted in substantial accordance with the proposed Mass Grading 2002 Cut/Fill Program as on ig nall~pproved by the CitX, which depicts those areas which will exceed ten (10) feet or fifteen (15) feet of cut or fill in residential and commercial areas respectively. Final grading plans shall be submitted with construction plans for each phase of the development and shall substantially comply with those rg ading_plans. Notwithstanding the above, any City approval of a site improvement plan will allow the Developer to move earth outside or into that parcel's boundary provided that earthwork is completed consistent with the approved master grading plan but only to the extent such work is needed to complete the earthwork required of the approved site plan. Retaining walls up to ten (10) feet in height may be utilized in the commercial parcels, as long as landscaping is incorporated into their design. Tiering of retaining walls in commercial areas is permitted. Residential parcel retaining walls are restricted to a maximum of six (6) feet in height. Two foot horizontal to one foot vertical slopes are allowed in non-residential parcels provided slopes are vegetated with drought tolerant, low maintenance materials. Filling the U.S. 27 floodplain in the commercial area is permitted as long as the appropriate permits are obtained from SJRWMD and floodplain compensation is provided. A dust abatement and soil erosion plan shall be submitted to the City detailing measures to be taken to eliminate the migration of dust particles and soil erosion with each site improvement plan. Section 4 -Transportation Improvements 1. Citrus Tower Blvd. A. With County contribution: Developer shall substantially complete the construction of Citrus Tower Boulevard from the southern boundary of the property to the northern boundary within 240 days of Developer receiving final permits and approvals and, the County 5 CITY OF CLERMONT RESOLUTION N0.2010-O1 providing its share of the construction cost in the form of cash. The portion from the northern boundary of the property to Hook Street shall be completed within 240 days of the County or City acquiring the necessary right of way to construct the roadway along with the necessary drainage improvements and obtaining all final permits to construct improvements. Development approved through the adoption of the Development Order for the DRI can commence on Parcel "F" without any improvement to Citrus Tower Blvd. Parcel "G" shall require the construction of Citrus Tower Boulevard from John's Lake Road south to the secondary entrance of Parcel "G" within one (I) year of the first CO being issued in Parcel "G". Parcels "C" and "E" shall require the construction of Citrus Tower from John's Lake Road to Steve's Road prior to the issuance of any CO in Parcels "C" or "E". Further development shall commence as provided for in the DRI Development Order. The one hundred feet of right of way for the construction of Citrus Tower Boulevard from the southern property boundary to the northern property boundary will be contained in a right of way reservation corridor map (the "Map") which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the southern to northern property boundary. The exact 100-foot right of way to be dedicated will be furnished to the City upon completion and approval of the construction drawings for Citrus Tower Boulevard. The Developer will complete and submit the construction plans for Citrus Tower Blvd. from the southern property boundary to the northern property boundary within 6 months of the CUP approval. Simultaneously with the dedication of the right of way to the City, the City in turn will grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. Notwithstanding the above, the Developer shall dedicate the one hundred feet (100') of right of way for Citrus Tower Blvd. no later than twelve (12) months after the approval of this CUP. City will assist developer in making sure that Citrus Tower Boulevard is eligible for impact fee credits from the County. B. Without County contribution: Developer shall construct Citrus Tower Boulevard from the southern property line to the northern property line within four (4) years of approval of the DRI Development Order. Development approved through the DRI Development Order can commence on Parcel "F" without any improvement to Citrus Tower Blvd. Parcel "G" shall require the construction of Citrus Tower Boulevard from John's Lake Road south to the secondary entrance of Parcel "G" within one (1) year of the first CO being issued in Parcel "G". Parcels "C" and "E" shall require the construction of Citrus Tower from John's Lake Road to Steve's Road prior to the issuance of any CO in Parcels "C" or "E". Further development shall commence as provided for in the DRI Development Order. The one hundred feet of right of way for the construction of Citrus Tower Boulevard from the southern property boundary to the northern property boundary will be contained in a right 6 CITY OF CLERMONT RESOLUTION N0.2010-O1 of way reservation corridor map (the "Map") which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the southern to northern property boundary. The exact right of way to be dedicated will be furnished to the City upon completion and approval of the construction drawings for Citrus Tower Boulevard. The Developer will complete and submit the construction plans for Citrus Tower Blvd. from the southern property boundary to the northern property boundary within 6 months of the CUP approval. Simultaneously with the dedication of the right of way to the City, the City in turn will grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. Notwithstanding the above, the Developer shall dedicate the one hundred feet (100') of right of way for Citrus Tower Blvd. no later than twelve (12) months after the approval of this CUP. City will assist developer in making sure that Citrus Tower Boulevard is eligible for impact fee credits from the County. 2. Steve's Road Construction A. With County contribution: Steve's Road from the eastern property boundary to the western boundary shall be constructed within 240 days of the County providing funding and the County or City providing the necessary rights of way. The portion west of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "A" and the portion east of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "B". Regardless, Steve's Rd. must be constructed from Citrus Tower Blvd. to the east property boundary when Citrus Tower Blvd. is extended to Steve's Road. The eighty foot (80') right of way for the construction of Steve's Road from the western property boundary to Citrus Tower Blvd. and the sixty foot (60') right of way from Citrus Tower Blvd. along the northern property boundary will be contained in a right of way reservation corridor map (the "Map") which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the eastern to western property boundary. The exact right of way to be dedicated will be furnished to the City upon completion and approval of the construction drawings for Steve's Road. The Developer will complete and submit the construction plans for Steve's Road from the eastern property boundary to the western property boundary within 6 months of the CUP approval. Simultaneously with the dedication of the right of way to the City, the City will in turn grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. B. Without County contribution: Steve's Road from the eastern property boundary to the western boundary shall be constructed within four (4) years of approval of the PUD or the portion west of Citrus Tower Blvd. must be completed prior to the first CO being issued in 7 CITY OF CLERMONT RESOLUTION N0.2010-O1 Parcel "A" and the portion east of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "B". The eighty foot (80') right of way for the construction of Steve's Road from the western property boundary to Citrus Tower Blvd. and the sixty foot (60') right of way from Citrus Tower Blvd. along the northern property boundary will be contained in a right of way reservation corridor map (the "Map") which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the eastern to western property boundary. The exact right of way will be dedicated to the City upon completion and approval of construction drawings for Steve's Rd. The Developer will complete and submit the construction plans for Steve's Road from the eastern property boundary to the western property boundary within 6 months of the CUP approval. Simultaneously with the dedication of Steve's Rd., the City will in turn grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. Notwithstanding the foregoing, Steve's Road east of Citrus Tower Boulevard will be completed by the time the portion of Citrus Tower Blvd. is extended from John's Lake Road North to Steve's Rd. 3. All roads within the project shall be designed and constructed in accordance with adopted City standards. 4. The permittee shall pay a pro rata share of the traffic study to determine if a signal is warranted at the intersection of U.S. 27 and John's Lake Road. If a signal is warranted, the permittee shall pay its pro rata share of the cost for a signal and its installation. The permittee shall also pay for the total cost of warning signs and lights north of the signal as required by the FDOT and the City of Clermont. 5. If in the future it is determined by the City that a signal is necessary at the intersection of John's Lake Road and Citrus Tower Blvd., the cost of engineering, equipment, and installation shall be the responsibility of the permittee and may be eligible for impact fee credits. 6. Amass transit stop shall be provided for in the Commercial Village. 7. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 8. An FDOT permit will be required and filed with the City for any activity proposed to occur along U.S. 27 right-of-way prior to issuance of development approvals or permitting by the City. 9. Single family units shall not front on, or be permitted direct access to John's Lake Road, Steve's Road, or Citrus Tower Boulevard. 8 CITY OF CLERMONT RESOLUTION N0.2010-O1 10. The permittee shall be permitted to extend the maximum length of a cul-de-sac street from one thousand two hundred (1,200) feet to two thousand (2,000) feet. 11. The developer shall pay the City for the purchase and installation of the traffic signal (span wire) at the intersection of Citrus Tower Blvd. and Steve's Road as designed and installed by Lake County, not to exceed $200,000. The signal shall be installed and paid for prior to the first Certificate of Occupancy being issued for Parcel C2 or for any buildings in Phase 2, whichever comes first. The City will support and reasonably cooperate with the developer with regard to the developer's application for eligible impact fee credits from Lake County. Section 5 -Utilities 1. An acceptable well site of approximately one-half acre in size either on or off site shall be provided prior to commencement of construction. 2. The project shall be plumbed for reclaimed water use. Reclaimed water lines shall be installed using purple colored piping. 3. Irrigation wells shall be used to provide water for irrigation until reclaimed water is available. 4. 300 units of water impact fees shall be paid at the time the first building permit is pulled. 5. The City shall work with the developer/permittee in the design of water and reuse line within the right-of-way or easements to accommodate and encourage the planting of trees between the curb and sidewalk. 6. The developer/permittee shall not place more than thirty-six (36) inches of overburden on utility lines. Where landscape may be located over such line, the City shall receive indemnification in the event of necessary operation and/or maintenance of the utility. Repair and/or replacement of landscape shall be the responsibility of the developer/permittee. Section 6 -Linear Park 1. A linear park shall be provided on both sides of Citrus Tower Boulevard that will run along Parcels "B", "C", "D", and "E". This linear park shall be a minimum of 10 ft in width and average 25 ft. in width. It shall be located outside of the public right-of-way. An eight foot pedestrian bikeway shall be constructed the length of the park on both sides of Citrus Tower Boulevard. The pedestrian bikeway does not have to follow the right-of-way line, but can meander in a serpentine manner through the buffer and 5 ft. into the right-of-way; however, in no case shall the pedestrian bikeway be located closer than five (5) feet to the back of curb of Citrus Tower Blvd. 9 CITY OF CLERMONT RESOLUTION N0.2010-01 Construction plans for the linear park shall be submitted for review and approval by staff along with construction plans for Citrus Tower Blvd. The plans shall include a description of the street furniture and lighting to be used and the design of berms and landscaping. Landscaping shall include one canopy tree per 50 ft. of street frontage with planting areas every 150 ft. These planting areas shall be a minimum 500 sq. ft. in size. The linear park shall be constructed in conjunction with each phase of Citrus Tower Blvd. construction. Maintenance of the linear park shall be by the homeowners association. Section 7- Recreation 1. Public Park - The developer will dedicate the approximately 11.4 acre park site to the City prior to the issuance of the first CO. The Developer will receive impact fee credits for the cost of the design and improvements, but not the value of the land. Cost estimates shall be submitted and approved by the City prior to construction for the purpose of confirming recreation impact fee credits. The developer and City shall work together to plan the park. Developer will design, engineer, permit, and build the park improvements substantially in accordance with the conceptual plan as prepared by McIntosh and Associates and Canin Associates construction plans, May 15, 2002 submitted to the City of Clermont. Grading and preparation of the site for construction as well as the construction of restroom facilities and the softball fields shall be completed before the issuance of the 25`h single family certificate of occupancy. Prior to the issuance of the 100`h single family CO the entire facility must be completed and the entire facility must be completed within 24 months after issuance of the first single family residential CO. If upon issuance of the 100` single family CO, the developer has not completed the facility of the facility is not completed within the 24 month period, the developer shall post a letter of credit or performance bond for the remaining improvements that can be drawn by the City if the improvements are not completed within 90 days. 2. Eagle Lake Park and the Lake Felter passive park shall be constructed in conjunction with Phase 2 of the 11.4 acre active City park. 3. All recreation and park areas shall link with the pedestrian bikeway system. 4. A neighborhood play lot (tot lot) shall be provided in each residential tract prior to the issuance of any certificates of occupancy for the tract. The neighborhood play lots shall be connected to the internal pedestrian bikeway system. 10 CITY OF CLERMONT RESOLUTION N0.2010-O1 Section 8 - Landscagin 1. A 30 ft. landscape buffer shall be constructed along the eastern boundary of Parcel "F" prior to the issuance of the first c/o in Parcel "F". The buffer shall be planted with a minimum of three rows of 3"-caliper 6" above grade pines planted 20 ft. on center. The rows shall be planted in a staggered manner so as to provide an opaque barrier. 2. In addition to the Linear Park, additional landscape buffers shall be provided along Citrus Tower Boulevard. A 20 ft. buffer shall be provided along all commercial properties except for the Town Center. A 25 ft. buffer shall be provided along the frontage of Parcel "G". Landscaping in the Linear Park and other buffers shall exceed minimum code requirements. 3. A wall and landscaped buffer shall be required along all double frontage lots (residential lots along Citrus Tower Blvd. and John's Lake Road unless otherwise approved by the site review committee. 4. The landscape buffer for the commercial and office parcels along U.S. 27 shall be 25 ft. wide with berm and double the planting of shrubs. 5. The developer shall landscape and maintain the Citrus Tower Blvd. median from Steve's Road to John's Lake, in substantial accordance with Exhibit "C". The developer shall install all landscape material (as approved by the City), and maintain the median of Citrus Tower Blvd. within the Lost Lake Reserve from Steve's Road to John's Lake Road. Said landscaping shall be installed prior to the first Certificate of Occupancy being issued for Parcel C-1 or C2 or for any building. Section 9 -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 adhered to: 1. The developer/permittee shall create a set of design standards which establish the scale, mass, and form of development for the non-residential components of the PUD. The non- residential standards shall include specific landscape controls for all rights-of-way, parking areas, plazas, and public open space, as well as a complete palette of street furnishings where appropriate. 2. The design standards for the non-residential areas shall be reviewed and approved by the City Site Review Committee and shall be applied to all development in the PUD unless the City has established its own design standards and has adopted such standards as part of its code. CITY OF CLERMONT RESOLUTION N0.2010-O1 3. The following design standards shall apply to large retail establishments unless otherwise approved by the City of Clermont Site Review Committee: Facades and Exterior Walls: 1. Primary ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than twenty-five (25) percent of their horizontal length. 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. 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. 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 two (2) foot wide band around the building. Neon tubing shall not be an acceptable feature for building trim or accent areas. Entryways: 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; 12 CITY OF CLERMONT RESOLUTION N0.2010-O1 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 areas 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. Outdoor storage: 1. All building or landscape materials stored outside must be within an enclosure. If the enclosure is not opaque, the enclosure shall consist of ornamental fencing as screening. Plastic slats in chain link fencing will not be allowed. 2. Shopping cart returns shall be provided within the retail structures. 3. Cart corrals or returns may be provided for in the parking lot. No advertising shall be allowed on the cart corrals. Outdoor display: 1. After business hours, all outdoor inventory must be on a concrete slab and under roof, i.e. an arcade. Section 10 -Signage 10.1 General Provision: 1.1 Anything defined as a "sign" by the City, but which is not specifically allowed by this section, shall be governed by the current City Land Development Code Signage Regulations. 10.2 Directional Signs: 2.1 Directional Signs which identify amenities and/or uses which serve the general public and/or residents of the development shall be regulated as follows: 2.1.1 Directional Signs may identify amenities and/or uses; builders and/or neighborhoods. 13 CITY OF CLERMONT RESOLUTION N0.2010-O1 2.1.2 Directional Signs shall be limited to locations along Citrus Tower Boulevard and John's Lake Road within the boundaries of the development. 2.1.3 Directional Signs shall be limited to a double faced maximum of sixteen (16) square feet per sign face, not more than ten (10) feet in height. 2.1.4 Directional Signs shall maintain a five hundred (500) foot separation from other directional signs and a minimum fifty (50) foot peripheral setback from all other signs. 2.1.5 Directional Signs shall be setback a minimum of five (5) feet from all property lines, provided that a safe line of sight is maintained and the placement of said sign does not otherwise create a hazard to pedestrian or vehicular traffic as determined by the City of Clermont. 10.3 Main Entrance Signs: 3.1 Main Entrance Monuments may be located at the main entrance to the project at US Highway 27 and John's Lake Road. 3.2 Main Entrance signage shall include either one of the following: 1) Entrance Monument signs and a Project Identification Sign in the median of the entry or 2) Project Identification Signs on either side of the right-of-way only. 3.3 Main Entrance Monuments may be placed adjacent to the north and south right- of-way lines of John's Lake Road and shall have a five (5) foot setback provided that placement of these monuments do not create a hazard to public health and safety as determined by the City of Clermont. 3.4 Main Entrance Monuments shall be four sided structures a maximum of eighteen (18) feet high and shall be limited to the project logo and a maximum of nine (9) square feet each side. 3.5 Main Entrance Project Identification Signs shall have a maximum copy area of thirty (32) square feet and a maximum height of eight (8) feet. The wall shall be placed in such a manner that a clear line of sight is maintained and does not create a hazard to public safety, health or welfare as determined by the City. 10.4 Boundary Markers: 4.1 At the north and south entrances to the development on Citrus Tower Boulevard and at the east entrance on John's Lake Road, either project identification signs or 14 CITY OF CLERMONT RESOLUTION N0.2010-01 boundary markers may be provided. They shall be located at or near the project boundaries. 4.2 Boundary Markers shall be located along both sides of the right-of-way up to the property line provided; however, that placement of these structures shall not create a hazard to public health or safety as determined by the City of Clermont. 4.3 Boundary Markers shall be four (4) sided structures a maximum of six (6) feet high. Boundary Markers shall be limited to the project logo and a maximum of four (4) square feet each side. 10.5 Project Identification Signs: 5.1 At the north and south entrances to the development on Citrus Tower Boulevard and at the east entrance on John's Lake Road, either project identification signs or boundary markers may be provided. They shall be located at or near the project boundaries. 5.2 A single faced wall display may be located on each side of the boulevard with a maximum copy area of thirty (32) square feet and a maximum height of eight (8) feet. The wall shall be placed in such a manner that a clear line of sight is maintained and does not create a hazard to public safety, health or welfare as determined by the City. 5.3 In lieu of the single faced wall display on each side of the boulevard, the developer may elect to locate identification signs within medians of the entry boulevards. Such features shall consist of a double faced monument or wall with a maximum thirty-two (32) square feet of copy area per sign face. The structure shall be located a minimum of ten (10) feet from edge of pavement, provided that a clear line of sight is maintained, and the placement of these facilities does not otherwise create a hazard to public safety, health or welfare as determined by the City. 10.6 Village (Subdivision) Identification Signs: 6.1 Village Identification Signs shall be located at the entry ways to neighborhood villages within the Development. 6.2 A single faced wall display may be located on each side of the boulevard with a maximum copy area of thirty (32) square feet and a maximum height of eight (8) feet. The wall shall be placed in such a manner that a clear line of sight is maintained and does not create a hazard to public safety, health or welfare as determined by the City. 15 CITY OF CLERMONT RESOLUTION N0.2010-O1 6.3 In lieu of the single faced wall display on each side of the boulevard, the developer may elect to locate identification signs within medians of the entry boulevards. 6.4 Such features shall consist of a double faced monument or wall with a maximum thirty-two (32) square feet of copy area per sign face. The structure shall be located a minimum of ten (10) feet from edge of pavement, provided that a clear line of sight is maintained, and the placement of these facilities does not otherwise create a hazard to public safety, health or welfare as determined by the City. 10.7 Gateway Markers: 7.1 Gateway Markers may be located at all four (4) corners of the intersection of Citrus Tower Boulevard and John's Lake Road. Boundary Markers shall be four (4) sided structures a maximum of six (6) feet high. Boundary Markers shall be limited to the project logo and a maximum of four (4) square feet each side. 10.8 Multi-Tenant Identification Signs: 8.1 Multi-Tenant Identification Signs shall be located along US Highway 27, Citrus Tower Boulevard, John's Lake Road and the uninterrupted parking drive within Parcel "K". Multi-Tenant Identification Signs shall be in conformance with the City of Clermont Land Development Regulations. 8.2 Multi-tenant Identification Signs located within Parcel "K" shall allow identification of tenants within any further subdivided parcel regardless of the location of the specific sign. 10.9 Single Tenant Identification Signs: 9.1 All Single Tenant Identification Signs shall be monument signs and the overall size of the sign including sign face and base shall be limited to 100 sq. ft. The height and setback of Single Tenant Identification Signs shall be in conformance with the City of Clermont Land Development Regulations. 10.10 Minor Identification Signs: 10.1 Minor Identification Signs shall identify community amenities located within the development such as, but not limited to: parks. schools, and tot lots. 10.2 Minor Identification Signs shall be a double-faced pole, pylon, ground or wall sign and may be located at each common area or facility and shall have a maximum copy area of sixteen (16) square feet per sign face, a maximum height of eight (8) feet and a minimum setback of five (5) feet from property lines. 16 CITY OF CLERMONT RESOLUTION N0.2010-O1 Section 11-Public Safetv 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 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. 17 CITY OF CLERMONT RESOLUTION N0.2010-O1 Section 12 -Developer Commitments & Design Standards The Developer has agreed to include specific commitments & design standards as part of this CUP, and is incorporated as Exhibit "D". The City and developer recognize that the Code of Ordinances and specifically the Land Development Code requirements may prevail where applicable. DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 23rd day of March, 2010. ~~ - ~ ~ ~ '`~~ ~ ~ Harol S. Turville, Jr., Mayor ATTEST: Tracy Ack oyd, City Jerk 18 CITY OF CLERMONT RESOLUTION N0.2010-O1 EXHIBIT "A" Lost Lake Reserve -Master Plan 19 O [r o H O N O ~ ~' U ~~ w ~. z ~ ~z ~~ ~ o ~ ~ O ~ ~ ~ a wa O V ~u'~.~-. ,,~ r ~~ r~ ~„ ~ d .< ~ ~~~ , ter ~~_ ~~ `~ ~ ~~ ~~ ~ ~ ,~ ~ 1 ~ , ~"~ ~~~ ~~ ~ ~ ~. ~ ' g'' ~j. ~ ,;ate :~;~ ~ ~ r.~ ; ~ , ~ t ~' ~^4 s a ~. . ,, ' r' =, , ": ~ ~' ~'~ ~ ~' a' ~~~ ~, a ~ ~ . ', ~~~ ~ ~ ~ .- ,~ m ~ ~ j Y. ~ F W ,,-~~ -- ~, ~~ ~~ ~'~~- -~ fir' ~ ~ ,~ ~ x~ ~ y i .ri r r ~ ~'' .~ ~;~ r' t ~ ~I ~. ~` ~r~a ~}-~,~`- ~ - ~ _ ~: t~ i ~' ~ {~ ;y ~' ~j l~ S'~ ~ { 1 ~.~-~ 0 3 i ~ ~' ~_ ~ 1~ ~~ ~~ _ '~ t < ,~ O N 0 ~ o ON wz ~o w~ o~ ~~ a v° N 0 ~° N ~O z vo ~y ~'' F .~ ~ V O C to U ~ F p ~a ~ ~ W ~ i. F. ~~ U W 1~~ ~ ~ ~: ~ ~ - c~+ s. 1® ~ ~, ~, s~;. #_`__ p ~, 2 ~ .~ ~~' ~ ~ ~ r ~ ~ ~' ~ ,,y tft9 ,' ~ r~ r ~. - ' R ~ m .. ~ .-. ~, a„ .~ ~ ~ .° A ~~ ~ ~ o `~ ~ ,~ ,= ~--~ 0 ~ ~ ..:~": , ~ *~ `~ .;^~ .~- -~ = tin tt ~ ~" ' ,~' '; ~ Q v ~ ~~ 1 z ~~17yF ~ `~. W ~ p1 ' t1> E,~r ~ ~ ~ i G i N r Q. ~_ ~ G .Ji[ ° ,Jj Q M ~ N ~ ~ PJ Q ~~ ~+ v~ c~~' 3 ~'' N C g ~ 1 G p, Q a4 Y+ r a ©'~ C CH~ =~ C ~ N r ~ ~+ d ~ f ~ ~ , t ~ N fi ~ v! ~6W ~4~ c4 ~ ;W ~+ ~ v,~~;~ ~~v~ "~ ~, ~ a x c £t..~, r, v m .~ A TS C ? LL 3R' ~T' 4 `pC R '~ ~y4.1 .O ~ f~J. y #~' ti0 si+ vt t~s !J5 L7 X~ ~ !Y ~ ,L *N a~ ~ 3 ~ rn ~»s`Cr~ N N CITY OF CLERMONT RESOLUTION N0.2010-O1 EXHIBIT "D" Developer Commitments & Design Standards Lost Lake Reserve -Parcels C-1 and C-2 3.11.10 Lost Lake Reserve has requested a CUP modification to allow: 1. Park/recreation/athletic field uses on the northern part of Parcel C (Parcel C-1), and 2. The ability to build 192 residential apartments on the remaining southern part of Parcel C (Parcel C-2). The owners of the two parcels will each be required to present detailed site plans to the City for review and approval prior to moving forward with actual development. Neither the Real Life Church/School nor Lost Lake Reserve, LLC are ready to proceed with development of either parcel at this time, but are interested in getting the zoning approvals necessary to accomplish the apartment and park plans. Due to concerns expressed by a few neighbors, and at the direction of the City Council, the owners have prepared detailed illustrative plans that further define the proposes use, met with neighbors again to review the plan and have established the following commitments and design standards, which they agree may be made part of the City's CUP approval. The standards are represented in the attached illustrative plan, which should also be made part of the record to document the City's final action. Developer Commitments and Design Standards Overall The developer shall meet all City code requirements and the Lost Lake CUP conditions as approved and those conditions recommended in the City's report prepared for the 2.9.10 City Council meeting, including, but not limited to: 1. Landscaping the median of Citrus Tower Boulevard from Steve's Road to the south end of Lost Lake Reserve. 2. Providing funding for the signalization of Citrus Tower Boulevard and Steve's Road intersection. If the signal is constructed prior to development of Parcel C, Lost Lake shall pay the City the amount to construct the signal, not to exceed $200,000 to be utilized by the City to benefit the regional transportation network. The City shall assist Lost Lake in obtaining impact fee credits and applying the amount to the future proportionate share payment due for Phase II of the Lost Lake DRI. Parcel C-1 - Park/Recreation/Athletic Fields 1. The Deed conveying the land to the Real Life Church /School shall: a. Restrict the use of the parcel to allow only athletic fields, recreation, open space, parking uses and support facilities such as maintenance and restroom buildings. 23 CITY OF CLERMONT RESOLUTION N0.2010-01 b. Require parcel to be operated, managed and maintained by Real Life Church/School or their successors and assigns. c. Prohibit sale or transfer of land to another party unless it is associated with the Real Life Church or another similar religious organization who will operate a church and school; ownership would instead revert to Lost Lake Reserve, LLC or the City of Clermont. 2. The CUP Zoning Conditions for Parcel C-1 shall include the following restrictions: a. Perimeter buffering will be handled working with existing grades to construct a 4- 6 foot high landscaped berm along the perimeter facing Citrus Tower Boulevard and Steve's Road except for that portion near the intersection of Citrus Tower and Steve's that would be adjacent to the proposed stormwater retention area. b. On-site drop-off areas and parking for the athletic fields will be provided. c. Exterior lighting will meet City codes and will be designed by a lighting professional to provide proper fixtures, heights, direction and shielding. All athletic field lighting will be turned off at the time limits noted in " 2.e." below. d. Public address systems, if any, will be designed to direct the sound to the spectators and not toward adjacent residences. e. Hours of operation for the athletic fields will be limited to 8AM to 9PM on Monday-Thursday, 8AM to lOPM on Friday and 9AM to lOPM on Saturday and 10AM to 9PM on Sunday. All athletic field lighting will be turned off at the time limits noted. f. Vehicular access will be limited to an entry drive from the existing Church/School entry road on Steve's Road. g. The athletic fields will be laid out and fenced as needed to prevent baseballs from being hit into adjacent roads. The entrance cut on Citrus Tower Blvd. across from Shearwater St. (entrance for the Reserve at Lost Lake) shall be removed. h. In the event that the noise levels or lighting create a nuisance to the surrounding property owners, the City reserves the right to open the Conditional Use Permit for further review and additional conditions. Parcel C-2 -Residential 1. The parcel will be limited to 192 residential units. 2. Uses will be limited to residential uses including apartments not to exceed 12 units per acre. 3. The primary access will be provided at the existing approved cut off road, which serves as the main entrance for The Vistas. Secondary access will be provided via The Vistas' circulation system with access out onto the Reverse Frontage road. No new direct access to Citrus Tower will be permitted. 4. The neighborhood will be served by private roads and will be gated. 24 CITY OF CLERMONT RESOLUTION N0.2010-O1 5. Exterior lighting will meet city codes and will be designed by a lighting professional to provide proper fixtures, heights, direction and shielding. 6. A wall similar to the wall on the east side of Citrus Tower will be constructed along the Citrus Tower frontage along with a security fence around the balance of the perimeter of the site. 7. Minimum setbacks from right-of-way of Citrus Tower Boulevard: a. Parking: 50' b. Buildings i. One story: 50' ii. Two stories: 100' iii. Three stories: 150' iv. Building will be staggered from 1-story to three stories as shown in the zoning plan. 8. Maximum building height: 35'; 3 stories. 9. Buildings will utilize a similar architectural theme and quality as the existing residential units at the Vistas at Lost Lake. Note: City codes may prevail in any instance where applicable. 25