R-07-1501CITY OF CLERMONT
RESOLUTION
NO. 1501
Page - 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A BUSINESS CENTER
DEVELOPMENT WITH PROFESSIONAL OFFICE AND COMMERCIAL
WITH MORE THAN 20,000 SQUARE FEET AND SHARED PARKING.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Labe
County, Florida at a meeting held January 2, 2007 recommended approval of this Conditional
Use Permit to allow for a business center development with Professional Office and Commercial
with more than 20,000 square feet and shared parking at the following location:
LOCATION
East of Hancock Rd., South of S.R. 50 and North of Hooks St.
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 Business Center Development with
Professional Office and Commercial with more than 20,000 square feet and with shared parking;
be granted subject to the following conditions:
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.
2. The property shall be developed in substantial accordance with the Hancock East
Business Center, Conceptual Master Site Plan, as prepared by McCoy & Associates, dated
11!30/06. 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 CUP 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
CITY OF CLERMONT
RESOLUTION
NO. 1501
Page - 2
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. 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. 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. The proposed development may contain up to 92,000 square feet of professional office
space and commercial uses on the 9.86 acres, and shall be in accordance with the C-2 General
Commercial Zoning District with the exception of those uses as outlined in the Development
Agreement shown in Exhibit "A" of this document, between Hancock Fifteen, LLC
(Owner/Applicant) and the Hills of Clermont Homeowner's Association.
Section 3 -Transportation Imurovements
1. Sidewalks shall be required along all public road frontages in accordance with adopted
FDOT and City Codes.
2. Prior to construction and development of the Shopping Center project, the
permittee/developer shall provide a traffic analysis which identifies the development's impact on
the City's transportation system.
3. The development plan for the professional office and commercial project proposed is for
the eastern 9.86 acres (of Parcel #2, 15.5 acres, Hills of Clermont CUP) east of Hancock Rd.
The development shall provide driveway access to Hooks St. in addition to Hancock Road. As
shown in the Hancock East Business Center, Conceptual Master Site Plan, as prepared by
McCoy & Associates, dated 11/30/06, the three outparcels (5.64 acres) facing Hancock Road
CITY OF CLERMONT
RESOLUTION
NO. 1501
Page - 3
may be developed without construction of Hooks Street east of Hancock Road. Hooks Street
shall be constructed from Hancock Road to the east boundary of Phase 1 (including any
entrances) before any certificates of occupancy are issued for Phase 1. Hooks Street shall be
constructed from the east boundary of Phase 1 to the east boundary of Phase 2 (including any
entrances) before any certificates of occupancy are issued for Phase 2.
4. Any additional right-of--way required to construct Hooks Street shall be dedicated prior to
any zoning clearances being issued for building construction.
5. At such time as signalization is determined warranted and necessary at the intersection of
Hancock Rd. and Hooks St., the permittee/developer shall pay a pro rata share of improvement
costs based on the total trips generated by the proposed project as a percentage of the total trips
on the roadway. Project specific on-site/off-site transportation improvements consistent with
identified project impacts will be the sole responsibility of the developer.
Section 4 -Excavation and Gradin~/Operation Plans
1. The applicant shall submit a detailed excavation, grading and erosion control plan for the
entire site during the site plan review process which must be approved by the City Site Review
Committee prior to initiation of development activity.
2. The permittee/developers shall provide ground cover on all out parcel and 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 U.S.D.A. Soil Conservation Service.
3. 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.
Section 5 -Utilities
1. The wastewater collection system shall be constructed in accordance with the City's
master plan. This may include, but not be limited to, a regional lift station and associated gravity
pipe and force mains to connect to the City's existing collection system.
Section 6 -Site Imnrovements/Landscaain~
1. Architectural finish, building, and landscape design 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 not adversely impacted.
CITY OF CLERMONT
RESOLUTION
NO. 1501
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2. The permittee shall construct a landscaped buffer, in excess of City regulations, that
effectively provides a visual barrier along the rear of the shopping center. This landscaped
buffer is to be constructed at the time of construction of the shopping center.
Section 7 -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.
Facades and Exterior Walls:
1. Ground floor facades that face public streets shall have arcades, display windows, entry
areas, awnings 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 grocery and retail stores. 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 nqt
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.
CITY OF CLERMONT
RESOLUTION
NO. 1501
Materials and colors:
Page - 5
1. The predominant exterior finish shall be of high quality materials, including, but nat
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 paneas
or prefabricated steel panels.
2. Facade colors shall be low reflective, subtle, neutral or earth tone colors. The use of higk~-
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 one (1) foot wide band around the building. Nean
tubing shall not be an acceptable feature for building trim or accent areas.
Entr ~vays:
(a) 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;
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/or places far
sitting.
Si na e:
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.
Lighting;
1. Light poles shall not be painted in primary colors and they shall be no greater than 25 ft. i~
height.
2. Light fixtures; types. All light fixtures, including security lighting, shall be cutoff fixtures,
CITY OF CLERMONT
RESOLUTION
NO.1501
Page - 6
and shall be incorporated as an integral design element that complements the design of the
building or project through style, material or color. Luminaires shall not be tilted. Lighting of
or on buildings shall be limited to wall-washer type fixtures or up-lights, which do not
produce spill light or glare. Sag lenses, convex lenses, and drop lenses shall be prohibited.
Lighting at a building or project shall not be comprised in whole or part by floodlights.
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure. Chain link fencing is
prohibited.
Miscellaneous:
1. Cart returns in the parking lot shall be provided for those stores that provide shopping
carts.
2. Mobile storage systems are metal shipping containers and trailers that are used to store
additional inventory outside of the store. Mobile storage systems shall be prohibited.
3. Chain link fencing shall be prohibited. Fencing around water retention areas and all other
fencing shall be ornamental metal fencing.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 23rd DAY OF JANUARY 2007.
Harold S. Turville Jr., Mayor
ATTEST::
Tracy'Ackroyd, City Clerk
CITY OF CLERMONT
RESOLUTION
NO. 1501
Page - 7
EXHIBIT "A"
IigIIEIIIIBIIflA IG6pigIIWIUS IfllNfbillll~ll
T
•~ CFN 2006149904
8k 03275 Pss 2237 - 22401 i4vss>
DATE: 10/OS/200L 08:52:13 AM
k.Nu~r
J~/fk
(C~1 DEVELOPMENT AGREEMENT
.SAtIES C. 6dATKINS+ CLERK DF COURT
$13 K'•A~n+hrl~St'• LAKE COUNTY
BETWEEN RECORDING FEES 35.50
Cp,,my~ f.` ~~I HANCOCK 1S, LLC •
AND
THE HILLS OF CLERMONT HOMEOWNERS' ASSOCIATION, INC. -
RELATED TO AND AS PART OF THE
APPLICATION FOR LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT FOR CERTAIN REAL
PROPERTY AS DESCRIBED BELOW
This Agreement, entered into by and between Hancock 15, LLC., whose address is Go Guy Bouchard,
16554 Cagan Crossings Bivd., Clermont, FL 34712, hereinafter sometimes referred to as "DEVELOPER" and The
Hills of Clermont Homeowners' Association, Inc.
WITNESSETH
WHEREAS, the DEVELOPER has submitted to the CITY a request to amend the comprehensfire plan.
more particuiarty described in DEVELOPER'S AppUcation for Comprehensive Pian Amendment to. CITY
dated February 9, 2006; and
WHEREAS, the DEVELOPER seeks to change the Future Land Use of that certain rat property from
Undeveloped District 6 (UD~S) Residentlal to UD-6 Commerolal so as to develop a commercai office park and
adjacent commercial outparcels identified as Hancock Fifteen Commercial Park and as more parUcutarty set forth
in the legal description attached hereto and incorporated herein as Exhiblt'A'; and
WHEREAS, Chapter 163.3220, Flortda Statutes provides mechanisms, including Development Agreements which
allow for development permits to be subject to conditions of a development agreement, the strengthening of the
public planning process, encouraging sound capital improvement planning and financing, assisting in assuring
there are adequate capita! facilities for the development, encouraging private participation in comprehensive
planning, and reducing the economic costs of development, ail to insure compliance with adopted Comprehensive
Plans; and Land Development Regulations of the Ciry of Clermont, Florida, and to secure future performance; and
WHEREAS, the DEVELOPER finds it necessary to articulate assurances for the proper development of the
PROPERTY, and protect the interest of the owners of the PROPERTY; and
WHEREAS, DEVELOPER warrants and represents that it is the owner in fee simple of the PROPERTY and is
authorized to enter into this Agreement.
NOW THEREFORE, the parties hereto do hereby agree, in consideration of the above, and the promises and
undertakings hereinafter set forth, as follows:
i. The above recitals are true and cottect and are incorporated herein as if set forth below.
2, This Agreement Shari apply and pertain to the real property more pertlcularty described in ExhibR °A" attached
hereto and incorporated herein and referred to herein as the "PROPERTY":
3. DEVELOPER does hereby agree on behalf of itself and on behalf of the any, heirs, assigns, transferees,
beneficiaries, or property owner associations that the PROPERTY shall be developed in accordance with
the restriction that the following fisted operations shalt not be permitted on the property:
A. A1124-Hour operations;
B. Automobile and truck services, car washes and automobile, truck, boat and farm equipment
sales;
C. Recreation tacirities, theatres including drive-ins, bowling alleys, skating rinks, billiard halls,
miniature golf courses, driving ranges and tourist attractions;
D. Restaurants with drive-ins;
Book3275/Page2237 CFN#2006149904 Page 1 of 4
CITY OF CLERMONT
RESOLUTION
NO. 1501
Page - 8
E. Stand-alone restaurant on the southernmost comer facing Hancock Rd.
F. Lounges, liquor stores, lodges or clubs;
G. Residential storage warehouses; '
H. Agricultural servlx operations;
L Utility facilities (i.e., electrical transformers, gas regulator stations; eic.);
J. Convenience stores and gas stations;
K. Laundries;
L. Hotels, motels and recreational vehicle parks;
M. Automobile and truck repair garages, painting, welding and body shops;
N. Multifamily residential development;
O. Mobile home parks;
P. Cemeteries;
Q. Bua terminals, major equipment sales, manufactured housing sales, travel trailer and recreational
vehicle sates.
It is expressly agreed that the above terms and conditions are based on the referenced application. In
the event that the application is denied by the City of Clermont, or if the Future Land Use Map and
Comprehensive Plan are not amended by the Department of Community Affairs, this agreement shall not
apply.
This Agreement shag, at DEVELOPER'S expense, be recorded in the Public Records of Lake County and
shall remain in effect unless amended or terminated in accordance with applicable law. Therefore, it is
expressly agreed that the terms and conditions herein run with, appertain and attach m the PROPERTY,
as such this agreement is binding on the Parties hereto, their heirs, personal representatives, successors,
grantees and/or assigns.
iN WITNESS WHEREOF, the DEVELOPER has executed this agreement on thts ~^ dey of March, 2006.
Signed, sealed and delivered
In the presence of.
( name) Wit ~~iAa~~./"`
U
(P~nt r~me>
. (~ ~µ,~.f-.,~
(Print name)
~~~.r
HANCOCK 15, LLC
Guy Bo h
BernQQie W~~o~~ofJdy
1~rOG(/Q~~~%.
David Wallace
Book3275/Page2238 CFN#2006149904 Page 2 of 4
CITY OF CLERMONT
RESOLUTION
NO. 1501
Page - 9
iN WITNESS WHEREOF, THE HILLS OF CLERMONT HOMEOWNERS' ASSOCIATION, INC, has executed this
agreement on this ~_ day of March, 2006.
Signed, sealed and delivered
In the p of: rr,, '~
(Print name) ~t W
(Print name} P/+~ ~ Sk afaK R n
THE HILLS OF CLERMONT HOMEOWNERS'
ASSOCIATION, INC,
By: (/Yliw t/ vi
(Pflnt ame) ®~
Its: g5/d ~i~1?
ATTEST, Cotporete Secretary:
~.
Book3275/Page2239 CFN#2006149904
Page 3 of 4
CITY OF CLERMONT
RESOLUTION
NO.1501
Page - 10
DESCRIPAON:
fiat part of the Northwest 1/4 of Section 27 Township 22 South, Range 28 East, Lake County, .l-7~ido,
described as follows:
Commence at the West 1/4 corner of said Section 27; thence run S89'23'17"E along the South line of
said Northwest i/4 for a dlstonce of 50.00 feet to the East right-of--way line of Hancock Rood, as
described !n OfRciol Records Book 2010, Page 321, of the Public Records of Lake County, Florida; thence
run N0042'S1"E along said Eosf right-of-way line for o distance of 58.87 feet to fhe POINT OF
BEGINNING thence continue N00'42'51 "E along said East right-of--way line for a distance of 605.38 feet:
thence leaving sold Eost right-of-way line ran S8922'08"E along the North line of the South 1/2 cf ~s
Southwest i/4 of the Northwest i/4 of sold Sect;on 27 for o distance of 1268.28 feet; thence leaving
said Norfh line rvn 500~3'i5"W along the East line of the South 1/2 of the Southwest 1/4 of the
Northwest 1/4 of said Section 27 for a distance of 480.14 feet to a point being 95.52 feet on a
bearing of N00'23'15'~ from the Northeast comer of Lot 243, HILLS OF CLERMONT, according to the
plot thereof, as recorded in Plaf Book 44. Pages 27 and 28, of the Public Records of Cake County,
Florlda,• thence leaving sold Eost line run the following courses and distances: N8971'43"W for a
distance of 546.56 feet to the point of cur~roture of a curve conco~ro Southerly having a rodlus of
890.00 feet and o chord bearing of S7972'f3'W,' thence run Westerly along the arc of sotd curve
through o central angle of 222'07" for o dlstonce of 355.23 feat to tho point of reverse curvature of
o curve concave Northerly having a radius of 809.13 feat artd a chord 6eaNng of S73T~8'2i"W,• thence
run Westerly along the arc of sold curve fhrough a central angle of 10'40'23" for a distance of iS0.72
feet to the point of compound curvature of o curve concave Northerly having a radius of (00.00 feet
and a chord bearing of N88~8'21'N; thence run Westerly along the arc of saW curve through a central
angle of 2670'13" for a dlstonce of 45.88 feet to the point on anon-tangent curve concave Northerly
having a rodlus of 800.00 feet and o. chord bearing of 585 45'44'W,• thence run Westerly along the arc
of said curve through o central angle of 08'19'45" for a distance of 118.30 feat to the point of
tangency, thence run S895537"W for a distance of 74.19 feet to the POINT OF BEGINNING.
Containing 15.143 acres more or less and being subject to any rights-of-way, restrictions and
easements of record.
Book32751Page2240 CFN#2006149904 Page 4 of 4