R-2012- 08 CITY OF CLERMONT
RESOLUTION NO. 2012-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO CONDITIONAL USE PERMIT (2011 -13) TO
REMOVE THE ACCELERATION LANE REQUIREMENT FOR A GAS
STATION AND CONVENIENCE STORE WITHIN A C -1 LIGHT
COMMERCIAL ZONING DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held February 7, 2012 recommended for approval of this
amendment to Conditional Use Permit (2011 -13) to remove the acceleration lane requirement for
a gas station and convenience store within a C -1 Light Commercial Zoning District; at the
following location:
LOCATION:
Northeast corner of South US 27 and Citrus Tower Boulevard
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 Conditional Use Permit (2011 -13) to remove the
acceleration lane requirement for a gas station and convenience store within a C -1 Light
Commercial Zoning District; be granted subject to the following conditions:
CONDITIONAL USE PERMIT 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 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.
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CITY OF CLERMONT
RESOLUTION NO. 2012-08
3. No business can occupy any portion of the building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Planning & Zoning
Department.
4. 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.
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 applicant shall be required to submit a formal site plan for review and approval by the
City staff. The project shall be designed in substantial accordance with the plan presented
at the preliminary site review meetings and public hearings with the exception of
modifications necessary to comply with final Conditional Use Permit conditions.
9. 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.
10. 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.
11. An emergency generator shall be installed to allow continuous operation of the gas station
in the event of any power shortages, in accordance with Florida Statutes.
Section 2 — Land Use
1. Permitted uses shall include a gas station with up to six fuel islands for 12 fueling stations
and a convenience store. Other permitted uses in the C -2 General Commercial zoning
district are also permitted.
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CITY OF CLERMONT
RESOLUTION NO. 2012-08
Section 3 - Transportation Improvements:
The developer shall provide the following transportation improvements:
Access to South U.S. Highway 27 and Citrus Tower Boulevard shall be approved by the applicable
state and local agencies and meet all codes as required. All access installation shall be at the
developer's cost.
1. Florida Department of Transportation, Lake County, and City of Clermont shall determine if
any deceleration turning lane would be required for access. Installation shall be at the
developer's cost.
2. U.S. Highway 27: A deceleration lane shall be provided for the right -in access off South
U.S. Highway 27 with Flonda Department of Transportation approval. If no approval is
granted by Florida Department of Transportation than normal right- in/right -out access is
granted.
3. Citrus Tower Boulevard:
a. Southern access location — shall be limited to right - in/right -out.
b. Northern access location — shall be granted full access with a left out; see 3.c. below.
c. In the event staff determines that adverse transportation issues develop at the northern
access due to the full access with the left north -bound turn, the Conditional Use Permit
shall be brought back before the City Council for consideration and further conditions,
including but not limited to, elimination of the left north -bound turn, at the applicant's
expense.
4. A traffic study shall be required to address level of service (LOS) for the area, including any
connection to South U.S. Highway 27 and Citrus Tower Boulevard as needed per code or
policy.
Section 4 — Utilities
1. The permittee shall be responsible for purchasing, installing, and maintaining fire hydrants
within the project. They shall be installed according to City code.
2. Restaurants or similar uses will be required to install grease traps at a size to be determined
by an engineer and approved by the Utility Director.
3. The project shall be plumbed for reuse water with purple piping and appurtenances east of
U.S. Highway 27. Until such time as reuse water is available, the developer shall provide
irrigation water by a pnvate well.
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CITY OF CLERMONT
RESOLUTION NO. 2012-08
4. All electric power, including major transmission lines, and any utility lines; including but
not limited to phone and cable, must be placed underground according to all local, state and
federal guidelines.
5. The developer shall construct a 12 -inch water main from the terminus point on Citrus
Tower Boulevard at the north east corner of the property boundary and continue along
Citrus Tower Boulevard to South U.S. Highway 27 prior to final Certificate of Occupancy.
6. The City shall be responsible for the difference in cost of materials to oversize the line if
the City chooses to oversize based on plans and cost estimates provided by owner to City,
and approved in advance by the City.
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 allowed:
1. All fencing within public view shall be ornamental metal or brick, 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. Signage shall not be allowed on the canopy covering the pumps. All other signage shall
comply with applicable codes.
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CITY OF CLERMONT
RESOLUTION NO. 2012-08
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 28th day of February, 2012.
CITY OF CLERMONT
. 41111 . M4
Harold S. Turville, Jr., M. or
ATTEST:
Ali ,y1
Tracy A oyd, City Clerk w
Approved as to form and legality:
"Tg.'an z.r ' , i y Attorney