R-2011-21 CITY OF CLERMONT
RESOLUTION NO. 2011-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A SHOPPING CENTER
WITTH FIVE OR MORE BUSINESSES WITH SHARED PARKING
WITHIN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Flonda at a meeting held November 1, 2011 recommended for approval of this
Conditional Use Permit to allow for a shopping center with five or more businesses with shared
parking within the C -2 General Commercial Zoning District; at the following location:
LOCATION:
481 East Highway 50
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, THEREF 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 a shopping center with five or more
businesses with shared parking within the C -2 General Commercial Zoning District; be granted
subject to the following conditions:
CONDITIONAL USE PERMIT CONDITIONS:
f
Section 1 - General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any
heirs, assigns and su cessors in title or interest.
2. No further expansion of the use or additions to the facility shall be permitted except as
approved by anotheri Conditional Use Permit.
3. The property shall be developed in substantial accordance with the conceptual site plan
dated October 3, 2011 as prepared by Germans Engineering and Associates (Exhibit A).
The conceptual_ site plans submitted with the Conditional Use Permit application are not the
approved construction plans. A formal Site Plan and 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.
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CITY OF CLERMONT
RESOLUTION NO. 2011-21
4. Phasing: The property may have two phases as provided by the Phasing Plan dated
November 14, 2011 as prepared by Germana Engineering and Associates (Exhibit B).
Phase 1: A new 1,500 square foot building addition; removal.of the western State Road 50
access road and new landscaping; eleven new parking spaces on- the south side of the
existing building; and, a new dumpster. Phase 2: Must be completed within five years of
this Conditional Use Permit adoption unless extended with a Conditional Use Permit
amendment. The two buildings; 2,200 square foot' each, in Phase 2 do not have to be
completed within the 5-year time frame.
5. The Conditional Use Permit must be executed and processed through 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.
6. The Applicant shall record in the Public Records of Lake County within 90 days of its date
of approval by the City Council, a short-form version of this Conditional Use Permit as
provided by the City or a form acceptable to the City, to provide notice to all interested
parties, the assigns, successors and heirs of the developer /applicant and all future owners of
the above - referenced property that the real property described above is subject to the terms
and conditions of the Conditional Use Permit.
7. This permit shall become null and_ void if substantial construction work has not begun
within two (2) years of the date the Conditional Use Permit is executed and signed by the
appropriate parties. Substantial construction work means the commencement and
continuous construction of required improvements ultimately finalized at completion.
8. The structure shall be inspected by the Fire Marshall for life safety requirements. All
requirements must be met prior to any Certificate of Occupancy being issued.
9. The structure shall be inspected by the City Building Inspector and all building code
violations must be corrected prior to a Certificate of Occupancy being issued.
10. 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.
Section 2 — Land Use
1. The property is approved for use as a commercial center with five or more users; four
buildings in accordance with the Conditional Use Permit concept plan, and including those
uses as permitted in the C -2 General Commercial Zoning District.
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CITY OF CLERMONT
RESOLUTION NO. 2011-21
Section 3 - Transportation Improvements:
1. Sidewalks shall be required along all public road frontages in accordance with the Phasing
Plan and City codes.
2. The pnvate drive for this approved development utilizing Disston Avenue right -of -way for
access shall be maintained by the owner of the commercial center. Improvements to a 24-
foot drive shall be part of Phase 2 in accordance with the Phasing Plan and subsequent Site
Plan (to be approved by the City), or sooner as needed by the developer.
Section 4 — Landscaping:
Prior to the first Certificate of Occupancy (CO) for any phase, the developer shall:
1. Plant the perimeter buffer areas in accordance with the Land Development Code and the
Phasing Plan.
2. Stabilize and sod the remaining lots /phases as approved by the City Engineer.
3. All landscaping shall comply with the Land Development Code.
Section 5 - Architectural Design:
All structures shall be designed and constructed in accordance with the Architectural Standards
of the City of Clermont. In addition, the following shall be required:
1. All fencing within public view shall be ornamental metal or bnck, as approved by the
City's Site Review Committee. Chain link fencing shall be prohibited.
2. Direct exposed view neon tubing and scrolling text message boards are prohibited. Neon
tubing shall not be utilized for building trim or accent areas.
3. All other signage shall comply with applicable codes.
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CITY OF CLERMONT
RESOLUTION NO. 2011-21
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 13th day of December, 2011.
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