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R-07-1527CITY OF CLERMONT RESOLUTION NO. 1527 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 SHOPPING CENTER WITH MORE THAN 4 USERS, AND FOR A BUILDING TO I, OCCUPY MORE THAN 20,000 SQUARE FEET OF SPACE. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 5, 2007 recommended for approval of this Conditional Use Permit to allow for a retail shopping center with more than 4 users, and for a building t~ occupy more than 20,000 square feet of space at the following location: LOCATION Southwest corner of Highway 50 and Oakley Seaver Dr. The City Council deems it advisable in the interest of the general welfare of the City o~ Clermont, Lake County, Florida to grant this Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City off Clermont, Lake County, Florida that: This application for a Conditional Use Permit to allow for a retail shopping center with more than 4 users, and for a building to occupy more than 20,000 square feet of space; 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. No further expansion of the use or additions to the facility shall be permitted except as, approved by another Conditional Use Permit. 3. The property shall be developed in substantial accordance with the conceptual site plane, dated 03/07 as prepared by Knight Engineering Consultants 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. CITY OF CLERMONT RESOLUTION NO. 1527 Page 2 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 an manner within the boundary of the project without first submitting necessary plan , obtaining necessary approvals, and obtaining necessary permits in accordance with th City of Clermont Land Development Regulations and those of other appropriat jurisdictional entities. 5. The final Certificate of Occupancy shall not be issued until each of the stated condition has been met. ', ~~II 6. if any of the stated conditions are violated, the applicant understands and agrees that th~ City Council may revoke this Conditional Use Permit by resolution. 7. The Conditional Use Permit must be executed and processed through the office of the City Manager within 90 days of its date of grant by the City Council or the permit shah become null and void. 8. No business can occupy any portion of the building(s) after construction and fina~ Certificate of Occupancy, unless the proposed business has applied for and obtained a Local Business_Tax Receipt from the Clermont City Clerk. 9. 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. 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 The property is approved for use as a commercial center; including, retail, professional office, and personal service uses. Section 3 -Transportation Improvements: Sidewalks shall be required along all public road frontages in accordance with City codes. CITY OF CLERMONT RESOLUTION NO. 1527 Page 3 2. Oakley Seaver Road and Sandy Grove Ave. shall be completed prior to the issuance of the first Certificate of Occupancy (CO) for the site. ction 4 -Architectural Desi n Standards Se ~ Architectural finish and building plans for the commercial center shall be submitted an approved by the Site Review Committee prior to any development activity to ensure aestheti and public safety considerations are properly addressed. The following design standards shall apply to all development on the site and shall apply unt~l such time as citywide architectural design standards are adopted unless otherwise approved b the City of Clermont Site Review Committee. Facades and Exterior Walls: 1. Ground floor facades that face public streets shall have arcades, display windows, entr~ areas, awnings or other such features along no less than sixty (60) percent of them horizontal length. 2. Facades greater than sixty (60) feet in length, measured horizontally, shall incorporate wal~ plane projections or recesses having a depth of at least three (3) feet. No uninterrupte length of any facade shall exceed sixty (60) horizontal feet. I 3. The loading areas shall be properly screened from public view. Proper screening shah 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 b~ within screened enclosures. Roofs: 1. Parapet walls or other design features shall be used to conceal flat roofs and rooftop equipment such as HVAC units from public view from all sides of the building. Parapet walls or other design features shall be constructed at a height of at least one (1) inch above the tallest roof top unit. A metal or other enclosure for roof top equipment does not constitute screening from public view. The average height of such parapets shall not exceed fifteen (15) percent of the height of the supporting wall and such parapets shall notl at any point exceed one-third (113) of the height of the supporting wall. 2. No uninterrupted length of any roofline or parapet wall shall exceed sixty (60) horizontal feet. CITY OF CLERMONT RESOLUTION NO. 1527 Page 4 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 oft e exterior walls shall not include smooth-faced concrete block, tilt-up concrete panels qr 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 primar color in the building trim is limited to a one (1) foot wide band around the building. Neo~i tubing shall not be an acceptable feature for building trim or accent areas. Entryways: 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 buildin~ structure and design; 8. integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Si__gnage: 1. Neon tubing shall not be used in building signage. The letters in the signage shall be the primary color. Lighting_ Light poles shall not be painted in primary colors. Parking lot lights shall be aimed straigh~ down and be enclosed in a shroud so that light will not project out in an upward o horizontal direction. No portion of the bulb shall extend beyond the bottom of the shroud. CITY OF CLERMONT RESOLUTION NO. 1527 Page 5 Outdoor storage: 1. All materials stored outside must be within an opaque enclosure. Chain link fencing i~s prohibited. Miscellaneous: 1. 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. 2. Chain link fencing shall be prohibited. Fencing around water retention areas and all otheir fencing shall be ornamental metal fencing. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 10th DAY OF JULY, 2007. Harold Turville, Mayor