R-2017-51 —— - -
CITY OF CLERMONT
RESOLUTION NO.2017-51
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE
' PERMIT TO ALLOW FOR AN AUTOMOTIVE TRANSMISSION REPAIR ,
FACILITY IN THE C-2 COMMERCIAL ZONING DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held October 3,2017 recommended approval of this Conditional Use
Permit to allow for a carwash facility, at the following location:
LOCATION:
1220 Oakley Seaver Dr.
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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 to allow an automotive
transmission repair facility in the Commercial Zoning District;
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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, :1
Lake County, Florida that:
This application for a Conditional Use Permit to allow an automotive transmission repair facility
in the C-2 Commercial zoning district; be granted subject to the following conditions:
Section 1- General Conditions •
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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, additions to the use, or additions to the
facility shall be permitted except as approved by another Conditional Use
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Permit.
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3. The property shall be developed in substantial accordance with the
conceptual site plan dated May 2004 and prepared by McCoy and
Associates, (hereafter called "Conceptual Site Plan"). Formal site
development plans, incorporating all conditions stated in this permit shall 11
be submitted for review and approved by the Site Review Committee prior
to the issuance of a zoning clearance or other development permits. The
site plans shall meet all submittal requirements and comply with the
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CITY OF CLERMONT 1'
RESOLUTION NO.2017-51
conditions of this Resolution, applicable City Codes; Regulations, ,
Ordinances, and the City Comprehensive Plan, as amended. The conceptual '
site plan submitted with the Conditional Use Permit application is not
- the approved final development plans. 4
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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.
6. The final Certificate of Occupancy shall not be issued until each of the11
stated conditions has been met.
T. Ifany of the stated conditions are violated, the applicant understands and
agrees that the City Council may revoke this.Conditional Use Permit.
8. The Conditional Use Permit must be executed and filed in the office of 11
the City Clerk within 90 days of its date of grant by the City Council or
the permit shall become null and void: ` i,
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9. This conditional use 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 I
prosecution of construction of required improvements ultimately finalized
at completion. I
Section 2-Land U se I C
1. The proposed development will consist of a shopping center to include
restaurants, retail, light duty auto service, oil change facility, automotive ,I
transmission repair facility, full service car wash, and professional office.
2. Only one (1) of the restaurants proposed to be located on the out parcels
shall be permitted to have a drive through window.
3. Out parcels shall be limited to one structure per out parcel. �I
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4. Hours of operation for the light duty auto service facility (Tire Kingdom)
shall be limited from 7:00 a.m. to 7:00 p.m. The light duty auto service ,
facility shall remain closed on Christmas, Easter and Thanksgiving.
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CITY OF CLERMONT
RESOLUTION NO. 2017-51
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5. The car_wash'and automotive service center hours of operation are limited �{
from 7:00 a.m. to 8:00 p.m.
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performed b, hand tools I.
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Section 3 Site Development !I
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1: The applicant shall submit a detailed excavation, grading and erosion !
control plan for the site during the site plan review process which must
be approved by the City Site Review Committee prior to initiation of
development activity.
2: . Noise levels during construction shall not exceed those recommended by
the Florida Department of Environmental Protection. Any vibratory
compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. I1.
Monday through Saturday only. Vibrations shall be limited to avoid any
damages to neighboring persons or properties: Heavy Equipment and
normal work operations will be allowed on the site between the hours of
7:00 A.M. and 7:00 P.M. Monday through Saturday. Heavy Equipment or
heavy machinery engines will not be started earlier than 7:00 A.M. on any
approved workday. V
3. All excavated material shall be stored in a location approved by the City
Engineer.
4. Geotechnical information regarding the soil characteristics of the site
shall be submitted to the City as part of the Site Review process.
5. The permittee/developers shall provide both temporary and permanent
grassing including fertilizer application on all 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 (BMPs) of the
U.S.D.A. Soil Conservation Service.
6: A dust abatement plan shall be submitted to the City detailing
measures to be taken in eliminating the migration of dust particles from
the site. The plan must specifically outline those measures
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CITY OF CLERMONT
RESOLUTION NO.2017-51
I recommended by the United States Department of Agriculture Soil i
Conservation Service and the Florida Department of Environmental
i Protection.
7. All areas being modified to a slope of three (3) horizontal to one (1)
vertical (3:1), such as water retention areas, shall be sodded. I'
8. Ingress/egress to the site for construction shall be as approved by the
City Site Review Committee. - ;I
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9. The Developers will construct a six foot stucco wall on the north side of the it
service drive, behind Tire Kingdom and the Elite Car Wash. The wall will
begin at the property line between the Messy Dog, LLC and Pavilion Land I
Company ending at the southeast comer of Lot 4, Southlake Forest Sub.
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(Ratliff parcel) The developers, will landscape the north side of the wall
with trees and ivy or shrubs.
10. The Developers will construct a four foot stucco wall on the north end
of the property,between the Messy Dog , LLC and Pavilion Land Company
, stretch east, northeast between the parking lot and the water retention 4
area up to the northern end of the parking lot turning east (parallel to I.
Hunt Race Blvd.). The wall will be designed to meet acceptable visibility
safety standards. The developer will landscape both sides of the wall.
11. The Service Bays for Tire Kingdom shall be designed and constructed so
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as the open bays do not face west (turned inward). :
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12., " The Car Wash facility shall be designed and constructed with sound
attenuating devices (mufflers) added to the vacuum system and dryers
placed at the greatest distance from the residential zones.
13. The Developers are required to conduct all uses on the property that the
decibel level as measured at the property line of adjacent residential
properties shall not exceed seventy (70)decibels.
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Section 4 -Transportation Improvements
1. The permittee shall purchase and install streetlights per City code along
Oakley Seaver Drive frontage. Installation and maintenance of lighting
internal to the project shall be the responsibility of the permittee. j
2. Prior to construction and development of the Planned Unit.Development I
project, the permittee/developer shall provide a traffic analysis that
identifies the development's impact on the City's transportation system.
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CITY OF CLERMONT
RESOLUTION NO. 2017-51 'I
Based upon results of the traffic study, the City may require that
• transportation improvements necessitated by the portion of the project for
which a building permit is sought be made at the time of construction of
that portion of the project. The permittee/ developer shall.pay a pro rata
share of improvement costs based on traffic counts priorto the issuance r'
of the first certificate of occupancy for the shopping center portion of the is
project. Project specific on-site/off-site transportation improvements
consistent with identified project impacts, per the traffic study, will be
the sole responsibility of the developer.
3. Roadway improvement plans for.State Road 50, Citrus Tower Boulevard,
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Oakley Seaver Drive and Hancock Road, including but not limited to,
access drives, accel/decel lanes, tum lanes, traffic signalization devices,
and internal signage and traffic movement lanes shall be submitted to
and approved, appropriately, by. the City Site Review Committee, the
Florida Department of Transportation and Lake County prior to
commencement of any development activity for any portion of the project. ,
4. Ingress and egress to the site for construction shall be as approved by• the
City Site Review Committee.
5. No driveway access shall be provided from Hunt Trace Boulevard.
6. A northbound left tum land from Oakley Seaver Driveinto the site shall
be provided at the northern driveway (north entrance) on Oakley Seaver
Drive. �.
7. A revised site plan shall reflect he median on Oakley Seaver Drive (at
the middle access point) shall be extended north to properly reconfigure
the proposed intersection.
8. A signal at the intersection of SR 50 and Oakley Seaver Drive shall be
installed and operational prior to the issuance of the first certificate of
occupancy for the properties. •!
Section 5-Site Improvements/Landscaping
1. The landscape buffer on the north property line shallrun the length of
the entire parcel, including the water retention area. The Developer shall
landscape both sides of the wall, as reflected in the conceptual plan for
Resolution 1370, dated May 2004.
2. All walls and buffers shown on the Conceptual Site Plan dated May 2004
must be constructed as shown, and must be maintained in good condition
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for the duration of this Permit.
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CITY OF CLERMONT
• RESOLUTION NO. 2017-51
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Section 6 Utilities
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1. The permittee shall connect to the water line on the frontage road and `
extend the water main on Oakley Seaver Drive to S.R. 50 and terminate.
at the S.R. 50 right-of-way with a cross, three valves, and a hydrant at the
Southeast corner of the property. The water main shall be shown in the
Oakley Seaver Drive right-of-way, and shall be installed using ductile iron
pipe under pavement.
2. •irrigation water shall be provided by well until such time as reuse water
is available. The irrigation system shall be constructed using purple pipe I
to designate reuse water.
3. The permittee shall be -responsible for purchasing, installing, and '1
maintaining fire hydrants within the project. They shall be installed
according to City code:
4. The permittee shall provide a stub out.from the Southwest manhole to the
property line.
5. '. The restaurants will be required to install grease traps-at a size to be f
determined by the Public Works Director: ;}
Section 7—Signage
1.. No new signage shall be allowed on Hunt Trace Boulevard.
2. One monument sign on State Road 50 not to, exceed fifteen (15) feet
in height and 150 square feet in size.
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3. One monument sign on Oakley Seaver-Drive not to exceed ten (10) feet
in height and 100 square feet in-size.
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Section 8-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: The following design standards shall
apply to all development on the site and shall apply until such time as citywide architectural
design standards are adopted unless otherwise approved by the City of Clermont Site Review
Committee.
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CITY OF CLERMONT
RESOLUTION NO. 2017-51
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Facades and Exterior Walls:
1. Ground floor facades that face public streets shall have arcades, display
windows, entry areas, awnmgs 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 structures. All storage of pallets,
cardboard boxes, etc. shall be within screened enclosures.
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. 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. Fa9ade 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.
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CITY OF CLERMONT
RESOLUTION NO. 2017-51
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.
Each use shall have a clearly defined customer entrance featuring three or more of the
following: ,1
1. Canopies or porticos;
2. overhangs;
3. recesses/projections;
4. arcades;
5. peaked roof forms;
6. Arches; ;i
7. Tile work and moldings which are integrated into the structure and design.
8. Integral planters or wing walls that incorporate landscaped areas.
and/or sitting areas. Signage:
1. Neon tubing shall not be used in building signage. The letters in the signage.shall be
the primary color.
Lighting:
1. Light poles shall not be painted in primary colors. Parking lot lights shall be aimed
straight down and be enclosed in a shroud so that light will not project out in an upward or
horizontal direction. No portion of the bulb shall extend beyond the bottom ofthe shroud.
Outdoor storage:
.1. All materials stored outside must be within an opaque enclosure.
2. Mobile storage systems shall be prohibited..Mobile storage systems are the metal
shipping containers and trailers that are used to store additional inventory outside of the
store.
Other:
1. Chain link fencing shall be prohibited.
2. Fencing around water retention areas and all other fencing shall be
ornamental metal fencing.
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CITY OF CLERMONT
RESOLUTION NO. 2017-51
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 24th day of October, 2017.
CITY OF CLERMONT
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`_ Gail L. Ash, Mayor
ATTEST.
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Tracy Ackroyd Howe, City Clerk
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Approy. • • 0 . legality:
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