R-07-1532CITY OF CLERMONT
RESOLUTION
NO. 1532
Page 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR CLARIFICATION
LANGUAGE FOR THE EAST AND WEST SIDES OF THE TUSCANY
VILLAGE PUD.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Like
County, Florida at a meeting held June 5, 2007 recommended for approval of this Conditional
Use Permit to allow for clarification language far the East and West sides of the Tuscany Villalge
PUD at the following location:
LOCATION
South of U.S. 50, East and West of U.S. 27~the
intersection of Highway 27 & Citrus Tower Blvd.
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 clarification language for the East and
West sides of the Tuscany Village PUD; be granted subject to the following conditions:
CONDITIONS:
Section 1-General Conditions
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. The property located on the East side of U.S. 27 shall be developed in substantial
accordance with the conceptual site plan dated May 25, 2005 prepared by Avid Engineering Inc.
The property located on the West side of U.S. 27 shall be developed in substantial accordance
with the conceptual site plan dated April 23, 2007 prepared by Paradise Development Group,
Inc. Formal construction plans for either the East or the West parcels, 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 for that
specific parcel located on either the East or West side of U.S. 27. The conceptual site plans
submitted with the CUP application are not the approved construction plans.
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RESOLUTION
NO. 1532
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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 Lind
Development Regulations and those of other appropriate jurisdictional entities.
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.
5. 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.
8. The CUP is contingent upon the approval of the sewer line along the South Clermont
Connector by the City of Clermont.
9. The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
10. A slab survey shall be submitted after the form boards have been installed and before the
concrete has been poured. This is to ensure the setbacks and location of the building will
conform to the Land Development Regulations.
Section 2 -Land Use
This permit is for a mixed merchant center not to exceed 459,000 square feet. Tuscany Village -
may include those uses as permitted in the C-1 Commercial Zoning District, such as retail,
clothing apparel, home decor, and home furnishing retailers, personal services, professional
offices, and restaurants consistent with the conceptual site plan for the West side dated April 23,
2007 prepared by Paradise Development Group, Inc. The conceptual site plan dated May 25,
2005 prepared by Avid Engineering Inc. will dictate development of the Tuscany Village
property on the East side of U.S. 27 only.
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RESOLUTION
NO.1532
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Section 3 -Site Development
1. The Tuscany Village property is divided by U.S. 27 with each side being under separate
ownership and which will be developed at different stages. Detailed grading, erosion control,
and dust abatement plans for each side, shall be submitted to and approved by the Site Review
Committee prior to any construction plan approvals and the initiation of development activity for
either the West or East side. 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 portion of the site
under development 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.
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. Sidewalks along U.S. 27 may be delayed,
with approval by City staff, due to the widening of the road.
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. All right of ways located on the subject property for the Citrus Tower Boulevard and the
South Clermont Connector must be dedicated by the developer within 30 days of execution of
the Conditional Use Permit.
5. The portion of Citrus Tower Boulevard/South Clermont Connector lying west of U.S. 27
and along the subject property must be under construction prior to issuance of any building
permit for those buildings located on the subject property west of U.S. 27. The construction of
said portions of Citrus Tower Boulevard/South Clermont Connector must be completed prior to
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RESOLUTION
NO. 1532
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issuance of any certificate of occupancy for those buildings located on the property west of U.S.
27.
6. The portion of Citrus Tower Boulevard/South Clermont Connector lying east of U.S. ~~ 27
and along the subject property must be under construction prior to issuance of any build~ng
permit for those buildings located on the subject property east of U.S. 27. The construction's of
said portions of Citrus Tower Boulevard/South Clermont Connector must be completed prior) to
issuance of any certificate of occupancy for those buildings located on the subject property east
of U.S. 27.
7. It shall be the developer's responsibility to install all required street lights, which mustlbe
installed and operational on US 27, Citrus Tower Boulevard and the South Clermont Connector
prior to issuance of any certificate of occupancy.
8. The developer or owner is required to install a traffic signal at the intersection of US 27,
Citrus Tower Boulevard and the South Clermont Connector, when warranted, unless funded and
installed by another entity. The traffic signal must be installed and operational prior to issuance
of any certificate of occupancy, unless delayed by FDOT. Upon approval by FDOT, regardless
of any delay, the developer or owner is required to install a traffic signal at the intersection of US
27, Citrus Tower Boulevard and the South Clermont Connector.
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 and approved by the Utility Director.
3. The project shall be plumbed for reuse water with purple piping and appurtenances, East
of US 27. Until such time as reuse water is available, the developer shall provide irrigati¢n
water shall be provided for by a private well.
4. Sewer lines along the subject property West of US 27 must be under construction prior to
issuance of any building permits for buildings located on the subject property west of U.S. 27.
S. All electric power, including major transmission lines, and any utility lines including but
not limited to phone and cable, must be placed underground according to all local, state and
federal guidelines.
6. The developer shall construct a 12-inch water main along the east side of US 27 along the
property boundary and connect to the existing water main.
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RESOLUTION
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7. The developer shall construct a lift station to be privately owned and maintained,
conforming to the City of Clermont's standard lift station construction details, to serve the entire
project site. The lift station shall be connected to the future South Clermont Connector
Wastewater Collection System via a privately owned and maintained force main. The developer
will transfer ownership and maintenance responsibility for the lift station and force main to the
City upon the City's request.
Section 6 - Landscanin~
1. The Landscape design for all parking areas, buffers, rights of way, pedestrian ways wind
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.
3. The stormwater pond along highway 27 shall be landscaped with 3 canopy trees and 5
understory trees per one hundred feet around the perimeter of the pond. The trees shall be
planted along the perimeter and along the slopes of the pond. Shrubs shall planted and form a
continuous row along the top perimeter of the pond.
4. All areas that have been disturbed/ graded shall be stabilized using methods approved by
the City Engineer within 30 days of grading.
5. All landscaped areas East of US 27 shall be irrigated with a private well until reuse water
is available from the City. The developer shall be responsible for connections at that time.
b. All landscape buffers adjacent to public right-of-ways shall be established as separate
landscape tracts and maintained by an owner's association or other management entity.
Landscaping within these tracts shall be installed prior to issuing any certificates of occupancy.
7. In accordance with the Tuscany Village variance (4), the landscape buffer lines along
property lines as required by Section 118-37(d)(1) of the City Code, shall be relocated
throughout the internal portions of the project in order to maintain open space and landscaping
within the project, as approved by City staff.
8. Decorative masonry walls shall be installed adjacent to residential properties whe#~e
retaining walls are not already present, as approved by City staff.
Section 7 -Architectural Design Standards
All structures shall be designed and constructed in accordance with the following design
standards:
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RESOLUTION
NO. 1532
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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.
Roo s:
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 (101,0)
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. 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 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 tubiryg
shall not be an acceptable feature for building trim or accent areas.
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Entrvways:
(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;
S. 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 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.
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RESOLUTION
NO. 1532
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Section 8 -Site Improvements
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 di~lay:
Outdoor display of merchandise is prohibited.
Fencing:
All fencing within public view shall be ornamental metal or brick.
Section 9 -Public Safety
PUBLIC SAFETY COMMUNICATIONS AMPLIFICATION
(Bi-Directional Amplified Distributed Antenna System)
Except as otherwise provided, no person or organization shall maintain, own, erect or construct
any building or structure or any part thereof or cause the same to be done which fails to support
adequate radio coverage to public safety service workers, including but not limited to firefighters
and police officers.
For the purposes of this section, adequate radio coverage shall be as determined by the city fire
official. The frequency ranges which must be supported include frequencies in use and/or
Licensed to the fire, law enforcement and EMS providers for the City of Clermont. The building',
official andlor City of Clermont Fire Marshal may require tests as evidence of compliance to be'
made at no expense to this jurisdiction.
Buildings and structures over thirty-five (35) feet in height, buildings with below grade spaces or
parking, buildings with any floor greater than 30,000 square feet and other buildings where
required to provide adequate signal strength which cannot independently support the required
level of radio communications coverage shall be equipped with any of the following in order to
achieve the required adequate radio communications coverage: a radiating cable system or an
internal multiple antenna system with FCC type-accepted signal booster amplifiers as needed.
If any part of the installed system or systems contains an electrically powered component, the
system shall be capable of operating on an independent battery and/or generator system for a
period of at least twelve (12) hours without external power input. Any battery system employed
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shall automatically recharge in the presence of an external power input. In the event that a signal
booster is employed it shall be fully encased within a dust and water resistant case.
For purposes of this section elevators maybe excluded from the definition of "all parts of a
building" or "any part thereof'. The requirements of this section may be waived by the City of
Clermont fire official for buildings which do not have below grade spaces or parking in areas and
circumstances where it is recognized that adequate radio communications coverage will be
acceptable.
A certificate of occupancy may not be issued for any building or structure which fails to comply
with this requirement.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ON THI5 26th DAY OF JUNE, 2p07.
Harold Turville, Mayor