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R-2017-29 CITY OF CLERMONT RESOLUTION NO. 2017-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A COMMERCIAL SHOPPING CENTER OVER 20,000 SQUARE FEET IN THE LOST LAKE RESERVE PLANNED UNIT DEVELOPMENT. WHEREAS,the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held July 6, 2017 recommended approval of this Conditional Use Permit to allow for a Commercial Shopping Center over 20,000 square feet within the Lost Lake Reserve PUD, at the following location: LOCATION: Lost Lake Reserve Northeast corner of Citrus Tower Boulevard and Johns Lake Road 7 acres +/- WHEREAS, the granting of this Conditional Use Permit will not adversely affect the officially adopted Comprehensive Plan of the City; such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; the proposed use will comply with the regulations and conditions specified in the codes for such use; and the proposed use may be considered desirable at the particular location; WHEREAS, the applicant has applied for a Conditional Use Permit for a Commercial Shopping Center over 20,000 square feet, 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 for a Commercial Shopping Center over 20,000 square feet in the Lost Lake Reserve Planned Unit Development(PUD)zoning district;be granted subject to the following conditions: Section 1-General Conditions 1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor in title or interest, and shall be subject to each and every condition herein set out. 1 CITY OF CLERMONT RESOLUTION NO. 2017-29 2. Construction plans incorporating all conditions of this permit shall be submitted for review and approval by City staff prior to authorization and issuance of a development permit.The conceptual plan submitted with the Conditional Use Permit application is not an approved site plan. 3. Upon approval of the Resolution the aforementioned property shall only be used for the purposes described:herein.No further expansion of the use or additions to this project shall be permitted except as approved by another Conditional Use Permit. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. 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. Prior to the issuance of any permits, the applicant shall be required to submit formal site plans for review and approval by the City of Clermont Site Review Committee. The site plans shall meet all submittal requirements and comply with the conditions of this Resolution, applicable City Codes,Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as amended. 6. No business can occupy any portion of the building unless the proposed business has appliedfor and obtained a Local Business Tax.Receipt from the Development Services Department. 7. 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. 8. 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. 9. The structure shall be inspected by the Fire Marshal 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. 2 CITY OF CLERMONT RESOLUTION NO. 2017-29 11. 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. 12. This permit shall become null and void if substantial work has not begun within two (2) years of the date of issuance of this Conditional Use Permit. Section 2 -Land Use 1. This Conditional Use Permit is for a Commercial Shopping Center Development that will consist of multiple office and retail buildings for a total of 56,325 building square feet on the site.and submitted in the conceptual plan by Knight Engineering Services dated 6/2/2017. The multiple buildings will allow a variety of retail and service uses consistent with.the C-1 Light Commercial zoning districts:. Commercial lot splits must go through the commercialsubdivision platting process. The subject property is identified as Parcel "L" - Town Center in the Lost Lake Reserve PUD. 2. The City's Site Review Committee must approve the site plan prior to the construction plan approval. Section 3—,Site Development 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. All excavated material shall be stored in a location approved by the City Engineer. 3. Geo-technical information regarding the soil characteristics of the site shall be submitted to the City as part of the final site review process. 4. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application onall disturbed areas where construction is not immediately intended. Said plan shall be provided in accordance with an approved ground cover plan acceptable to the City in accordance with Best Management Practices (BMP) of the United States Department of Agriculture Soil Conservation Service. Section 4 Transportation Improvements 1. Sidewalks shall be required along Citrus Tower Boulevard, and Johns Lake Road also within the development, in accordance with Florida Department of Transportation regulations and City Codes. 3 CITY OF CLERMONT RESOLUTION NO. 2017-29 Section 5—Utilities and Stormwater 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. The project shallbe plumbedfor reuse water with purple piping, until such time as reuse water is available, irrigation water shall be provided for by well. Section 6-Landscaping 1. The Landscape design for all parking areas, buffers, rights-of-way, pedestrian ways and focal points shall be unified and complementary to the ambiance of the center 2. All landscape plans and plantings shall meet or exceed the City of Clermont Code. Section 7- Architectural Design Standards 1. All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. 2. All fencing withinpublic view shall be ornamental metal or brick, as approved by the Site Review Committee. 4 CITY OF CLERMONT RESOLUTION NO. 2017-29 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 25th day of July, 2017. CITY OF CLERMONT :.▪ .G , , - - , ,4)1:49. al le Gail L. Ash, Ma or 4p4 ''-• AT- EST: A , � - ti, Tracy Ackroyd Ho 7'pity Clerk Approved as to a rrr aandslegality: -7 41W i Alli411 Di ,...... iii, D 11"Cr erwrior 7, City Attorney