R-07-1509CITY OF CLERMONT
RESOLUTION
NO.1509
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 RETAIL STORE
OVER 20,000 SQUARE FEET.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held January 2, 2007 recommended approval of this Conditional
Use Permit to allow for a retail store over 20,000 square feet at the following location:
LOCATION
1530 E. State Road 50 (in the Clermont Town Center)
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 retail store over 20,000 square feet
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. Upon approval of this 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.
3. Construction and operation of the proposed use shall at all times comply with the
regulations of this and other governmental agencies.
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
CITY OF CLERMONT
RESOI U'I'ION
N O. 1509
Page - 2
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. As part of this Conditional Use Permit, the applicant /owner shall maintain the site in
substantial conformance with the approved site plan as prepared by Greenberg Farrow,
dated 12/13/06. The site plan 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. All improvements as noted within this Conditional Use Permit and on the site plan must
be completed within one year of final approval of this resolution.
?. The property shall remain in substantial accordance with an approved site plan and
Operation/Reclamation Plan incorporating all conditions of the original Conditional Use
Permit for the Clermont Town Center.
8. All applicable rules and regulations shall be met, including but not limited to, final site
plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks.
All required landscaping shall be served with a permanent irrigation system including
back flow prevention device and rain sensor equipment. All such appurtenances shall be
properly maintained. The drainage and stormwater retention requirements of the City
and the appropriate regulatory agencies shall be met, and approved by the City Engineer.
All such areas shall be properly maintained.
9. Performance bonding shall be required .for all public infrastructure (transportation,
potable water, and waste water systems) and reclamation improvements, including on-site
and off-site locations, evidencing impact by the development. An estimate of costs shall
be prepared, certified and submitted by the Engineer of record and approved by the City
Engineer. The City shall then determine the bond amount in accordance with adopted
City Code regulations.
10. All inspection costs will be borne by the applicant. This shall include final inspection and
ongoing random inspections for compliance with Conditional Use Permits conditions.
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 Conditional Use Permit shall remain in full effect for the life of the development
unless amended or replaced by a new Conditional Use Permit.
CITY OF CLERMONT
RESOLUTION
NO. 1509
Page - 3
13. Outdoor speaker/ public announcement systems shall only be used during the hours of
7:00 A.M. to 7:00 P.M. Should the outdoor system be determined a nuisance to the
surrounding area by the City, the City my require it to be eliminated within 60 days of
notification.
Section 2 -Land Use
The Conditional Use Permit for the home improvement retail development shall mean and
include the total of the following land uses:
1. Square Footage and Type of Development
The development may contain one primary home improvement and supply retail store with up to
129,748 square feet (94,870 sq. ft. building, 2,918 sq. ft. vestibule, and a 31,9b0 sq. ft. garden
center), and may remain developed per the criteria specified within the adopted City Land
Development Regulations.
The established uses shall be compatible with those uses indicated within the C-2 Zoning
Category of the City of Clermont Land Development Regulations.
2. Building Setbacks and Building Height
All buildings shall maintain their current setbacks in compliance with the C-2 General
Commercial zoning district.
3. Go Dark requirements:
(a) Any and all future leases by Owner, its assigns or transferees shall provide that in the
event any tenant of any of the premises contemplated herein ceases to conduct
business for a period of six (b) months the Lease shall be automatically terminated
without cause. For purposes of this section conducting business shall be defined as
the Tenants failure to maintain wholesale or retail operation for members of the
general public and shall not include the following events:
(i) the failure of Landlord to commence or complete construction of the premises;
(ii) alteration, repair, or restoration of the Premises;
(iii) interruption of utilities;
(iv) fire or other casualty;
(v) default by Landlord;
(vi) eminent domain;
(vii) force of nature.
CITY OF CLERMONT
RESOLUTION
NO. 1509
Page - 4
(b) Owner on its behalf and that of its assigns and transferees expressly agrees that it will
enforce the lease provision set forth above as an express condition of this
Conditional Use Permit.
4. The customer pick-up lane, a.k.a. fire lane, may be reduced from 12 feet to 5' from the
entry vestibule west to the end of the garden center.
5. Shopping cart storage area under store front canopy shall be approved by the City of
Clermont, and shall be consistent in design with the store. (see Section 7, Site
Improvements/Landscaping)
6. All parking areas must be maintained and kept clear of debris or store material (shelves,
sales merchandise, waste material, pallets, cardboard, or similar materials) unless
exclusively approved by the City of Clermont.
Section 3 -Transportation Improvements
All transportation requirements from Resolution No. 1235 (Attachment "A") shall remain in full
effect in association with this Conditional Use Permit.
Section 4 - Stormwater Management
All stormwater Management requirements from Resolution No. 1235 (Attachment "A") shall
remain in full effect in association with this Conditional Use Permit.
Section 5 -Excavation and Grading/Operation Plans
All Excavation and Grading/Operation Plans requirements from Resolution No. 1235
(Attachment "A") shall remain in full effect in association with this Conditional Use Permit.
Section 6 -Site Improvements/Landscaping
1. All Site Improvements/Landscaping requirements from Resolution No. 1235 (Attachment
"A"} shall remain in full effect, except as indicated in Section 2 Land Use, in association with
this Conditional Use Permit.
2. Landscaping along the exterior (north side) of the north wall which borders the retentign
pond, where the new storage areas are located, must be upgraded at a minimum per code to
include canopy and understory trees, and shrubs.
CITY OF CLERMONT
RESOLU'PION
NO. 1509
Page - 5
3. Landscaping shall be installed in front of the propane tank display area directly west and
adjacent to the entry vestibule, to be approved by the City's Site Review Committee.
Section 7 -Architectural Design Standards
All Architectural Design Standards from Resolution No. 1235 (Attachment "A") shall remain in
full effect in association with this Conditional Use Permit, except as provided herein.
Architectural finish, building, and landscape design plans for the home improvement retail
development shall be submitted to and approved by the Site Review Committee prior to
construction plan approval.
The following design standards shall apply to all development on the site and shall apply until
such time as citywide architectural standards are adopted unless otherwise approved by the City
of Clermont Site Review Committee.
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. Fagade 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, window 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.
signage:
1. Neon tubing shall not be used in building signage unless within the framework of an
opaque cover. 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.
CITY OF CLERMONT
RESOLUTION
NO. 1509
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Outdoor storage:
1. Two locations at the rear of store may be utilized for storage areas. These areas, formally
utilized for 17 parking spaces (7 and 10 spaces) shall be noted on the site plan. This area
shall be screened from view on three sides with a maximum 10-foot wall, to be the same
architecture as the existing wall and decor of the main building, in order to provide
screening from public view. The storage area shall be delineated on the pavement, and
no materials may extend past the front of the storage area. No materials may extend
above the walled storage area. Landscaping shall be planted at all ends as a buffer. All
travel lanes must remain open and unobstructed from all merchandise and materials,
other than temporary truck parking for delivery.
2. All pallets, boxes, and related items shall be stored in an enclosed area (new storage area)
and screened from public view.
Outdoor display:
Merchandise display may be placed in front of the garden center entry area a maximum
of 15 feet from the west front entry doors, and maintain a minimum 5 foot clear
sidewalk area. Said display area may be used for rolling plant display, garden/lawn
equipment, and various yard merchandise display, but shall not be stacked or stored on a
permanent basis.
2. Merchandise display may also be in the front on the west side of the entry vestibule to
the western side of the primary building, and maintain a minimum S foot clear sidewalk
area.
3. A fence panel display may be located west of the Exit vestibule (front lumber yard area)
and may be utilized to display samples of each type of fence panel, provided no storage
or stacks are kept.
4. No storage or stacks of merchandise, other than for immediate pick-up, may occur at the
Exit vestibule (front lumber yard area).
5. A Tool Rental area may located east of the Exit vestibule (front lumber yard area), and
must be screened from view using ornamental screening materials as approved by the
City of Clermont. Display of rental equipment cannot extend past the front building line
of the primary structure, and cannot be left out in view after business hours. No repair
of any equipment can occur outside. Fire access must be maintained at all times.
6. Any seasonal display or tent permits shall be in accordance with the applicable City of
Clermont approval process.
CITY OF CLERMONT
RESOLUTION
NO. 1509
Page - 7
7. Storage or display of trailers and sheds in required parking areas is prohibited. Display
areas cannot extend or block sidewalk or fire lanes.
8. All outdoor display areas shall be clearly delineated on the site plan (see Section 1, 5.)
and on-site pavement, and only those areas shall be used for outdoor display. Outdoor
display shall be separated into two categories: daily display and seasonal display. Daily
display is to be taken into the store at the end of business hours each day. Seasonal
display may remain outside overnight. Flowers that are displayed outside must be on
movable carts and brought in after business hours.
Miscellaneous:
1. Cart corrals or returns shall be provided in the parking lot. No advertising shall be
allowed on the cart corals, and the cart corals cannot be counted toward the parking
requirements.
2. Cart storage may be provided under the primary vestibule entry area and shall be
screened fxom view with a maximum 4-foot high wall, of the same architecture as the
main building. Said wall shall contain landscape planter(s), to be approved by the City
Site Review Committee, with maintained landscaping. Fire access shall be maintained
at all times in accordance with fire regulations.
3. 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.
4. Fire lane striping may be reduced to 5 feet west of the main entry vestibule, in
accordance with fire regulations.
Section 8 -Variances:
All variances granted Resolution No. 1235 (Attachment "A") shall remain in full effect in
association with this Conditional Use Permit.
CITY OF CLERMONT
RESOLUTION
NO. 1509
Page - 8
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 23rd DAY OF JANUARY 2007.
.y.-'~~~
Harold S. Turville Jr., Mayor
CITY OF CLERMONT
RESOLUTION
NO. 1509
Page - 9
Attachment "A"
• •
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CITY OF CLERMONT
CONDITIONAL USE PERMIT
Article IX of the City Zoning Ordinance provides that the Conditional Use Permit shall not become effective
for any reason unless and until the following events have occurred:
1. Pennittees shall have agreed to each and every condition by properly executing and signing the
Conditional Use Permit.
2. Such Conditional Use Penn'st executed as indicated shall have been filed in the office of the City
Manager within ninety (90) days of its approval by City Council. Upon expiration of this period, the permit
shaft become nuN and void, and the permittses must apply for rehearing.
3. In the event of failure of the permittee to fulfill development in substantial accordance with the plans as
submitted to the Planning and Zoning Commission and the City Council; comply with the codes of the
• governmental agencies having lawful and appropriate jurisdiction thereon; or meet any of the terms of the
Conditional Use Permit, the permit maybe revoked after due public hearings before the Planning and
Zoning Commission and the City Council.
PERMITTEE: Don M. Casto Organization
Mr. Mark Sneed
480 N. Orlando Ave. Suite 238
Winter Park, FL 32789
CONDITIONAL USE PERMIT FOR: To amend Resolution i f 28 to allow an increase in the area of
commercial space to be constructed on the site by 4,780 square feet, In order to accommodate the
construction of a Home Depot store.
LOCATION: Clermont Town Center, 1700 block of E State Road 50.
ZONING: C•2 General Gommercial
RESOLUTfON: No. 1235
EXECUTION DATE: This CUP must be signed and returned to the office of the City Manager by
February 27, 2002 or this permit shall expire and become null and void.
CONDITIONS:
Section 1 -General Conditions
. 1. The property shall be developed in substantial accordance with the conceptual site plan as
prepared by Pecht, Evans, Engineering, Inc. and dated November 19, 2001.
P.O. BOX 720219 CLER1140NT, FLORIDA 3477 2-02 7 9
PHONE: 352/394-4083 FAX: 352/394-3542
CITY OF CLERMONT
RESOLUTION
NO. 1509
Page - 10
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• 2. This Resolution shalt 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.
3. Upon approval of this resolution the aforementioned properly shall onfy 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. Construction and operation of the proposed use shall at all times comply with the regulations of
this and other governmental agencies.
5. 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 sand 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. 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 alt
submittal requirements and comply wfth the conditions of this Resolution, applicable City Codes,
Regulations, Ordinances, and provede compliance with the adopted City Comprehensive Plan, as
amended.
7. The property shaft be developed in substantial accordance with an approved site plan and
Operation/Reclamation Plan incorporating all conditions of this Conditional Use Permit. Said
plans shall be submitted for review and approval of the Site Review Committee prior to
authorization and issuance of a development permit.
$. All applicable rules and regulations shall be met, including but not limited to, final site plan
approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required
landscaping shall be served with a permanent 'srrigation system including back flow prevention
device and rain sensor equipment. All such appurtenances shall be properly maintained. The
drainage and stormwater retention requirements of the City and the appropriate regulatory
agencies shall be met, and approved by the City Engineer. Aii such areas shall be properly
maintained.
9. Performance bonding shall be required for all public Infrastructure (transportation, potable water,
and waste water systems) and reclamation improvements, including on-site and off-site locations,
evidencing impact by the proposed development. An estimate of costs shall be prepared, certrfied
and submitted by the Engineer of record and approved by the City Engineer. The City shall then
determine the bond amount in accordance w'sth adoptetl City Code regulations.
10. All inspection costs will be borne by the applicant. This shat! include final inspection and ongoing
random inspections for compliance with Conditional Use Permits condtions.
i 1. 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.
i
2
CITY OF CLERMONT
RESOLUTION
NO. 1509
-11
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Section 2 -Land Use
~J
The Conditional Use Permft for the Shopping Center shall mean and include the total of the following land
uses:
Square Foofage and Type of Development
t~ J
The proposed development may contain up to a total of 237,11 i square feet of commercial development
on 30 acres of land with up to a maximum of live (5) out parcels. Ultimate, physical development will be
dependant upon actual tenant construction scenarios, contingent upon compliance with development
criteria specified within the adopted City Land Development Regulations. Specifically, out parcel
development shall not exceed the five (5) sites as indicated on the Conceptual Site Plan provided for
preliminary project approval.
The established uses shall be compatible with those uses indicated within the C-2 Zoning Category of the
City of Clermont Land Development Regulations. The list of allowable uses shall include those following:
Pet Shops
Public Facilities and Services
Retail Mus+c Store
Retail Nurseries and Garden Stores
Shoe Repair
Sporting Goods Stares
Supermarkets/Other Retail Food Stores
Toy and Games Shops
Travel Agents
Veterinary"'
Automobile and Nome Supply S#ores
Banks
Barbers/Beauty Shops
Book and Stationary Shops"
Business and Personal Services`'
Child Care Facilities''''
Clothing and Shoe Stores
Department and Home Improvement Stores
Drug Stores
Eating and Drinking Establ€shments"
Fabr'K; Stores
Florist
Hardware Stores
Health and Fitness Centers
Jewelry Stores
Laundry and Dry Cleaning Establishments
Liquor Stores
Medical/Dental Offices/Professional Offices
Movie TheaterNideo Establishments"
Office Supplies
(e.g., bakery, butcher, seafood market)
Notes:
' Excludes Automobile Repair Garages.
Excludes °Adult" oriented forms of business or service.
*'" Excludes Kennels or 8oarding except as approved by a Conditional Use Permit.
""' Requires Approval of a Conditionat Use Permit.
CITY OF CLERNfONT
RESOLUTION
NO. 1509
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2. Building Setbacks and Building Height
All buildings shall maintain a 50' setback from State rights-of-way, 25' setback from City and County
rights-of-way, and 25' setback from adjacent properties.
The maximum building height shall be 35 feet for habitable space and 45 feet overall.
Parking
Parking shall be provided as required by the City of Clermont Land Development Regulations for each
individual land use, as the project is developed.
Out Parcel
Only one structure may be built on each out parcel. One of the out parcels may have a restaurant with a
drive through window.
5. in the event that the owner/operator of the phase II site ceases to conduct business for a
continuous, consecutive period in excess of one year, without cause, and fails to reinstitute doing
business on the phase II site after notice, then the owner of the phase I site shall have tha continuing right
or option to acquire the phase It site for the then book value of said property. In addition, any future leases
for phase I or II shall not "go dark" as specified in the following language unless precluded by existing
leases.
(a) Without Cause. In the event Tenant ceases to conduct business from the Premises
for any reason other than those set forth in Paragraph (b} entitled "With Cause", for a
period of six (6) consecutive months, the landlord shall terminate the lease.
(b) With Cause. The terms and provisions of Paragraph (a) shall not apply in the event
tenant does not commence conducting business from the Premises fhereaEter
ceases to conduct business from the Premises, due to causes for which such failure
to commence or such cessation are excused including, without limitation, the
following: ('r) the failure of Landlord to commence or complete construction of the
Premises; (ii) alteration, repair, or restoration of the Premises; (iii) interruption of
utilities, (IV) fire or other casualty; (v) default by Landlord; (vi} eminent domain; (vii)
force majeure.
Section 3 -Transportation Improvements
1. Sidewalks shall be required along al! public road frontages in accordance with adopted C'sty
Codes.
2. The permittee/developer shall provide off-street parking and Loading spaces as required by City
Code. Due to the potential diversity and variability in parking demand for the project, the final
decision an the aggregate amount of parking and vehicular use space shall be determined by the
City Sfte Review Committee in consideration of traffic engineering and site specific data that are
applicable to the proposed development and intended uses to be constructed. All said required
parking and vehicular use areas shall be landscaped in conformance with adopted City Code.
3. The permittee/developer shall construct an internal traffic connection link that provides direct
transportation access between the out parcels and property situated adjacent to the west of the
site.
4. Roadway improvement plans for Citrus Tower Bfvd., North Ridge Boulevard, Pitt Street, State
Road 50, Grand Highway, additional public streets, and the project site, including but not limited
to, access drives, acceUdecel lanes, turn lanes, traffic signalization devices, and intemal signage
and traffic movement lanes shall be submitted to and approved, appropriately, by the City Site
CITY OF CLERMONT
RESOLUTION
NO. 1509
-13
..
Review Committee, the Florida Department of Transportation and Lake County prior to
commencement of any development actvity for any portion of the project. Project specffic on-
site/off-site transportation improvements consistent with identified project impacts will be the sole
responsibility of the developer.
The permittee/developer shall make application within 90 days of site plan approval and make all
reasonable efforts to obtain a permit from the Florida Department of Transportation, Lake County,
Florida, and the City of Clermont for the installation of a traffic signal device at the intersection of
OaWey Seaver Drive and S.R. 50. The permittee/developer will proceed to instal{ the traffic signal
within nine months of receiving alt permits, licenses, easements, or other entitlements necessary
to install the signal device. The permittee/developershell turn the signal over to the appropriate
agency once R is installed. The City will assist the permittee/developer in obtaining equitable
reimbursement for the costs of the design, permitting, and construction of the signal from
surrounding landowners
5. 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. Project expansion whose site location, anticipated total trip generation,
circulation patterns, or other such factors that warrant a more extensive review of traffic impacts
may also be required a traffic analysis; perfomtance shall be contingent upon formal notification
by the City.
6. Ingress/egress to the site for construction shall be determined by staff. No ingress or egress of
machinery or trucks shall be allowed from Highway 50.
. 7. A Florida Department of Transportation (FOOT) permit will be required and filed with the City for
any activity proposed to occur along Highway 50 right-of-way prior to issuance of development
approval or permitting by the City.
S. The applicant will be required to maintain swales and/or other acceptable erosion protection
devices along SR 50, and/or other roadways (temporary or permanent) which are utilized for
construction of the project and property. Said improvements wilt be approved and inspected by
the City Engineer prior to any development activity being conducted.
9. The parking area to the rear of the western anchor tenant and at the northwest corner of the
property shall be designated for employee parking. All employees of the Home Depot store shall
be required to park in the designated employee parking area.
Section 4 - Stormwater Management
1. Permeability tests must be submitted as part of the site plan review process. Permeability shall
be maintained.
2. Verification of the stormwater run-off data, assumptions, and calculations shall be provided and
approved by the City Engineer and other applicable jurisdictional agencies prior to any
development activity.
3. A St. John's River Water Management District stormwater permit shelf be required and filed with
the City prior to receipt of a building permit or any development activity on the site.
4. Final disposition of stormwater outtall shall be as approved by the City Engineer.
. 5. Starmwater retention areas shall be constructed at a maximum relief 3:1 (H:Vj. The side slopes
shall be sodded. All other areas being disturbed shall be stabilized with landscape and sod in
accordance with adopted City Code.
CITY OF CLERMONT
RESOLUTION
NO. 1509
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Section 5 -Excavation and Grading/Operation Plans
f. The appl'~cant shall submit a detailed excavation, grading and erosion control plan for the entire
site during the site plan review process wh[ch m ust be approved by the Ciry Site Review
Committee prior io initiation of development activity.
2. All excavated material shall be stored in a location approved by the City Engineer.
3. Geotechnical information regarding the soil characteristics of the site shall be submitted to the Ciry
as part of the Site Review process.
4. The permittee/developers shall provide both temporary and permanent grassing including fertilizer
application 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. The out-parcels located on the site shall be hydro-seeded and supplied
with a constant source of irrigation that will ensure stabilization of each out parcel un#il actual
construction occurs.
5. 1n areas where substantial earthwork requires fillinglwmpaction, density tests wiN be conducted at
a maximum of 2 foot intervals in order to prove compaction requirements. All disturbed soils shall
be compacted to 95% density of modified proctor.
6. A dust abatement plan shall be submitted to the City detailing measures to betaken in eliminating
the migration of dust particles from the site. The plan must specrfically outline those measures
recommended by the United States Department of Agriculture Soil Conservation Service and the
Florida Department of Environmental Protection {FDEP).
7. All areas being modified to a slope of three (3) horizontal to one (1) vertical {3:t), such as water
retention areas, shall be sodded. Slopes greater than 3:7 shall be prohibited. Slopes of the water
retention areas shall be irrigated. Trees shall be provided in the W RA that are appropriate for the
soils and hydrology of the area.
8. Noise levels shall not exceed those recommended by the Florida Department of Environmental
protection (FDEP). Ali vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M.
Monday thru 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 thru Saturday. Heavy equipment
maintenance operations and\or heavy machinery engines will not be started earlier than 7:00 A.M.
on approved work days.
Section 6 -Site Improvements/Landscaping
All signage shah conform to adopted City Codes and Standards.
2. Buffering and screening shall be required in accordance with adopted City Codes. AI{ buffering
and screening shall be provided in conformance with the site and landscaping plan approved by
the Ciiy Site Review Committee. All required landscaping must be served with a permanent
irrigation system, backflow prevention device, and rain sensor gauge. The system and all
dependant devices shah be properly maintained. In addition a masonry wall and Landscaping shall
be provided along the rear of the Home Depot store. The wall shalt run from the hydrant in the
east (near the west end of the retaining wall) to the employee parking tot in the west. The outside
perimeter of the wall shat! be landscaped according to current code, with live oaks planted 40 feet
on center with shrubs provided per code.
CITY OF CLERMONT
RESOLUTION
NO. 1509
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• 3. Ali dumpster and other external equipment sites shall be enclosed with masonry structures with
wooden gates. All such structures and appurtenances shall be landscaped in accordance with
City code and plans approved by the City Site Review Committee.
4. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon
the site and does not adversely impact abutting properties.
5. 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.
6. Commercial display of commodities for sale shalt be located within a completely enclosed building
and conform to City regulations for storage, screening, and location criteria for placement
adjacent to the tenant structure, unless an open air sales permit has been received and approved
by the City.
7. A minimum of 60% of the required canopy trees for al! parking areas shall be live oak trees.
8. If noise becomes an issue in the future the City Council reserves the right to address delivery
issues or restrict the hours of delivery.
Section 7 -Architectural Design Standards
Architectural finish, building, and landscape design plans for the shopping center shall be submitted to and
approved by the Site Review Committee prior to construction plan approval.
The following design standards shall apply to all development on the site and shalt apply until such time as
citywide architectural 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 shalt exceed one hundred (100) horizontal feet.
3. Loading areas shall be properly screened from public view. All storage of pallets, cardboard boxes, etc
shall be within screened enclosures.
Roofs:
1, parapet watts or other design features shall be used io conceal flat roofs and rooftop equipment such
as HVAC units from public view from all sides of the building. Parapet walls or ether design features shall
be constructed at a height of at feast one (1 }inch above the tallest roof top unit. A meta! or other
enclosure for roof top equipment does not constitute screening from publ'u; 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 waU 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 wails shall not
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RESOLUTION
NO. 1509
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include smooth-faced concrete block, tiff-up concrete panels or prefabricated steel panels.
2. 1=agade 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, window 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.
Entryways:
(a) Each Large ratan establishment shall have a clearly defined customer entrance featuring no Tess than
three (3) of the following:
1. canopies or porticos;
2. overhangs;
3. recesses/projections;
Q. 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 pianlers or wing walls that incorporate landscaped areas and/or places for sitting.
(bj An eight foot wide unobstructed pedestrian walkway shall be maintained the length of the store. This
area shall not be used for display and wilt not serve as the fire lane.
signage:
1. Neon tubing shall not be used in building signage unless within the framework of an opaque cover.
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.
Outdoor storage:
1. Atl building or landscape materials stored outside must be within an enclosure. if the enclosure is not
opaque, the enclosure shall consist of columns of the same material as the primary structure with metal
fencing as screening. Chain link fencing is prohibited.
2. Al! pallets, boxes, and related items shall be stored in an enclosed area and screened from public view.
Outdoor display:
1. All outdoor display areas shalt be clearly delineated on the site plan and only those areas shall be
used for outdoor display. Outdoor display shall be separated into two categories: daily display and
seasons! display. Daily display fs to be taken into the store at the end of business hours each day.
Seasonal display may remain outside overnight. For both daily and seasonal display, only one model of
each item can be on display. Outdoor storage of inventories of (umber and other building materials,
fertilizer and landscaping materials, or any other inventory, is prohibited. Flowers that are displayed
outside must be on movable carts and brought in after business hours. Storage of trailers and sheds in
required parking areas is prohibited.
Miscellaneous:
Cart corrals ar returns shall be provide in the parking tot.
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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.
Section 8 -Variances
1. A variance for a single retail establishment to be 129,788 square feet in size as opposed to the
code which limits retail establishments to 100,000 square feet.
2. A variance to allow up to 13 continuous parking spaces without a landscape island as opposed to
the code, which allows for a maximum of 10 continuous parking spaces without a landscape island.
3. A variance to allow for the provision of 645 spaces, rather than the 649 parking spaces required
by code.
4. A variance to allow for two freestanding signs along S.R. 50, rather than the one allowed for by
code.
5. A variance to allow the sign on the Cracker Barrel out parcel to be 200 square feet rather than the
100 square feet allowed by code.
6. A variance to allow the Cracker Barre! out parcel sign to be a freestanding/pylon sign rather than
the monument sign called for by code.
7. A variance to allow for a freestanding sign to be located 22 feet from the intersecting street right of
way tines on Highway 50, rather than the 50 feet per code.
8. The requested signage variances are in lieu of the monument sign for the Cracker Barrel on
Oakley Seaver Dr. and the freestanding/pylonslgns for the shopping center on Oakley Seaver Drive and
Hunt Trace Blvd.
1, the undersig a do hereby agree to each and every condition of this Conditional Use Permit.
~ ~1
200 by `NV~p~ ~. ~ n.n _
(name of person acknowledging) n~ra.~¢ Downs
~_ c ~T_._._.. My Carom ~. OlS7rI00~
No. cc a6etao
Signature of Notary Public ~~~ ~raw.~a
Who is personally known to me er-whai~as~eddeed ~~~
Received in th ffice of th City Manager on ~- ~j 7!O'Z
• ~
Date _ ~ il~~---"
Deputy City Clerk
Mark T. Sneed, Vice res. Casto Clermont Corp. Date
STATE OF ~ovl~
COUNTY OF ~_~~
The foregoing instrument was acknowledged before me this ~_ day of