R-06-1505CITY OF CLERMONT
RESOLUTION
NO. 1505
• 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 PLANNED UNIT
DEVELOPMENT CONSISTING OF A RETAIL SHOPPING CENTER
AND A SIXTEEN SCREEN MOVIE THEATER.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held December 5, 2006 recommended for approval of this
Conditional Use Permit to allow for a Planned Unit Development consisting of a retail shopping
center and a sixteen screen movie theater at the following location:
LOCATION
South of US 50, East of Hwy 27 ~ Norheast corner of Highway 27 & Steve's Rd.
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 Planned Unit Development
• consisting of a retail shopping center and a sixteen screen movie theater; be granted subject to
the following conditions:
CONDITIONS:
Section 1 -General Conditions
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. The property shall be developed in substantial accordance with the conceptual site plan dated
September 29, 2006 prepared by KCG Inc. Formal 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. The
conceptual site plans submitted with the CUP application are not the approved construction
plans.
3. 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. 1505
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4. The final Certificate of Occupancy shall not be issued until each of the stated conditions has
been met.
5. 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.
6. The Conditional Use Permit must be executed and filed in 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.
7. This 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 prosecution of
construction of required improvements ultimately finalized at completion.
Section 2 -Land Use
1. This permit is for a mixed merchant center including a shopping center (north and south
retail areas) not to exceed 267,000 square feet, a movie theater with retail shops not to exceed
75,000 square feet, and six outparcel sites fronting U.S. 27. The total square feet not to exceed
• 400,000. CLERMONT LANDING -will include those uses as permitted in the C-2 Commercial
Zoning District, retail merchants, personal services, professional offices, and restaurants
consistent with the conceptual site plan dated, September 29, 2006 as prepared by KCG Inc.
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 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 (BMP) of the U.S.D.A. Soil Conservation
• Service.
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RESOLUTION
NO. 1505
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Section 4 -Transportation Improvements
1. The developer shall coordinate with the Lake County Public Works Department on all
transportation improvements as to negate duplication of design and construction.
2. Sidewalks shall be required along all public road frontages, including U.S. 27, in accordance
with FDOT regulations and City Codes.
3. 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. Project
specific on and off site transportation designs are the sole responsibility of the developer.
4. Cross access shall be provided between outparcels 2 and 3, and between outparcels 4,5, and 6.
5. Steve's road shall be constructed form Highway 27 east to Citrus Tower Blvd. before any
certificates of occupancy are issued.
6. Roadway improvement plans for Steve's Road, Highway 27, additional public streets, and the
project site, including but not limited to, access drives, accel/decel lanes, turn 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.
7. At such time as signalization is determined warranted and necessary at the intersection of
Highway 27 and Steve's Road the permittee/developer shall be responsible for the installation of
the traffic light. Project specific on-site/off-site transportation improvements consistent with
identified project impacts will be the sole responsibility of the developer.
8. Median cuts along Highway 27 shall be limited to one directional cut located at the north end
of the site. South bound movements from the site onto Highway 27 shall be prohibited from this
location.
9. Median cuts along Steve' Road shall be limited to one right-in right-out driveway adjacent to
outparcel #6, and one full median cut located approximately 800 feet from highway 27.
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. Restaurants will be required to install grease traps at a size to be determined by an engineer
CITY OF CLERMONT
RESOLUTION
NO. 1505
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and approved by the Utility Director.
3. The project shall be plumbed for reuse water with purple piping. Until such time as reusc
water is available, irrigation water shall be provided for by well.
Section 6 - LandscaninP
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
All structures shall be designed and constructed in accordance with the following design
standards:
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
or a four foot landscape area and brick wall. 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 oar
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.
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RESOLUTION
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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. Facade 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.
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.
Entr~wa~
(a) Each establishment greater than 5,000 square feet in size 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 areas for sitting.
Signage:
1. All signs for the project shall be monument signs or wall signs.
2. Flag poles shall have a maximum height of 30 feet above grade.
Lighting_
1. Light fixtures; types. All light fixtures, including security lighting, shall be cutoff fixtures,
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
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RESOLUTION
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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.
2. Height. The height of an outdoor lighting fixture (inclusive of the pole and light
source/luminaire) shall be a maximum of thirty feet (30') within a parking lot, and a maximum of
fifteen feet (15') within anon-vehicular pedestrian area. Height shall be measured from the
finished grade to the top of the light fixture.
3. Pedestrian walkways and bikeways.
In pedestrian walkways or bikeways the light fixture/luminaire shall be decorative in appearance,
style and finish.
Section 8 -Site Imarovements
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure.
2. Storage of inventory in trailers or other storage systems shall be prohibited.
3. Shopping cart returns shall be provided within the retail structures.
• Outdoor display:
1. Outdoor display of merchandise is prohibited.
Fencing:
1. All fencing within public view shall be ornamental metal or brick,
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 12th DAY OF DECEMBER 2005.
Harold Turville, Mayor
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