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R-06-1473CITY OF CLERMONT RESOLUTION NO. 1473 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1230 TO ALLOW FOR A VETERINARY CLINIC AND TO ALLOW FOR A MODIFICATION OF THE ORIGINAL SITE PLAN. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held March 7, 2006 approved this Conditional Use Permit to amend Resolution No. 1230 to allow for a veterinary clinic and to allow for the modification of the original site plan at the following location: LOCATION The Southwest corner of Highway 50 and Hancock Road. 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 amend Resolution No. 1230 to allow for a veterinary clinic and to allow for the modification of the original site plan; 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 plan prepared by KCG Engineering, conditions stated in this permit, shall Review Committee prior to the issu permits. The conceptual site plans approved construction plans. in substantial accordance with the conceptual site Inc. Formal construction plans, incorporating all be submitted for review and approved by the Site once of a zoning clearance or other development submitted with the CUP application are not the CITY OF CLEIZMONT RESOLUTION NO. 1473 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 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. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 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. 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. 8. 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. The proposed development may contain up to 92,700 square feet of retail space and four (4) out parcels consistent with the conceptual site plan dated August 15, 2001 as prepared by KCG Engineering, Inc. 2. The allowable uses shall be those uses indicated within the C-2 Zoning Category of the City of Clermont Land Development Regulations. 3. A 1,900 square foot retail outlet with drive through may be permitted within the parking lot in accordance with the conceptual site plan prepared by KCG Engineering, Inc. 4. In the event that Staff determines that the hours of operation of the above-stated uses creates a concern to the general welfare of the City of Clermont, this resolution shall be presented to the City Council for reconsideration of approval of the above-stated uses. • 2 CITY OF CLERMONT RESOLUTION • NO. 1473 Page - 3 - 5. A veterinary clinic not to exceed 3,000 square feet shall be permitted as an approved use. 6. Each out parcel is limited to one structure. 7. Retail users shall not be allowed to "go dark as specified in the following language: (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, or having commenced conducting business from the premises thereafter 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: (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 majeure. Section 3 -Excavation and Grading/Operation Plans 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. The permittee/developers shall provide ground cover on all out parcel and disturbed areas, where construction is not immediately intended. Ground cover 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. All excavated material shall be stored in a location approved by the City Engineer. 4. Ingress and egress to the site for construction shall be determined by the City Engineer. • 3 CITY OF CLERMONT RESOLUTION • NO. 1473 Page-4- Section 4 -Transportation Improvements 1. Sidewalks shall be required along all public road frontages, including S.R. 50, Hancock Rd., and the north-south roadway, in accordance with FDOT and City Codes. 2. Prior to construction plan approval, the permittee/developer shall provide a traffic study that identifies the development's impact on the City's transportation system. Based upon results of the traffic study, 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 of that portion of the project. Project specific on-site/off-site transportation improvements consistent with identified project impacts, per the traffic study, will be the sole responsibility of the developer. 3. The permittee shall contribute its fair share of costs of improvements to Hancock Rd. as determined by Lake County. 4. Prior to the issuance of a certificate of occupancy for the main retail center on the southern portion of the project, the roadway improvements for Hancock Road must be completed. And prior to the issuance of a certificate of occupancy for either of the two • out parcels on the western portion of the project or the main retail center on the southern portion of the project, the north-south roadway connecting State Road 50 and Hook Street must be constructed. Cost of the roadway is the responsibility of the applicant and the property owner to the west and south. 5. Eastbound decel lanes shall be provided into the site from S.R. 50. 6. Cross access shall be provided between all adjoining out parcels. 7. Cross access shall be provided to the property to the south at two locations. Across access easement agreement shall be executed and recorded prior to the approval of construction plans. 8. Loading areas for grocery and retail stores do not appear to be adequate in size or depth. At the time of construction plan review, the applicant will be required to demonstrate that the loading areas as depicted on the conceptual site plans will be adequate. Required parking spaces cannot be blocked by loading areas. 9. Right-of--way necessary for the planned improvements to Hancock Road shall be dedicated prior to any development approvals. • 4 CITY OF CLERMONT RESOLUTION • NO. 1473 Page - 5 - 10. A construction easement for the Hancock Road improvements shall be granted to Lake County in an amount to be determined by Lake County. Section 5 -Utilities and Stormwater 1. Restaurants will be required to install grease traps at a size to be determined by the Public Works Director. Section 6 - Landscaping and miscellaneous site improvements 1. The landscape buffer along S.R. 50 shall be 20 feet in width. The landscape buffers along Hancock Road and the north-south roadway shall be 10 ft. in width. 2. Per code, side slopes of water retention areas shall be sodded and irrigated. Trees shall be provided in the water retention areas that are appropriate for the soils and hydrology of the area. . 3. Parking lot landscape islands shall be a minimum of 200 sf in area and 10 ft. in width not including the curb. 4. A minimum of 60% of the required canopy trees for all parking areas shall be live oak trees. 5. The project shall be plumbed for reuse water with purple piping. Until such time as reuse water is available irrigation water shall be provided for by well, or irrigation meter connected to the City system. Final determination for source of irrigation water shall be made by the City Council prior to the commencement of construction. 6. Cardboard recycling dumpsters shall be in dumpster enclosures constructed per code. Section 7 - Signage 1. One sign for the retail space shall be allowed on each street frontage. The signs on Hancock Rd. and the north-south roadway shall be monument signs limited to 100 square feet. 2. Billboards and other signage not directly associated with the approved project shall be removed prior to the commencement of any construction on the site, including grading. • 5 CITY OF CLERMONT RESOLUTION • NO. 1473 Page-6- Section 8 -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 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 (100) horizontal feet. • 6 CITY OF CLEIZMONT RESOLUTION NO. 14'73 Page-7- 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. Entryways: (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 for sitting. Signage: 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. • 7 CITY OF CLERMONT RESOLUTION NO. 1473 Page - 8 - Lighting: 1. Light poles shall be located in landscape islands. They shall not be painted in primary colors and they shall be no greater than 25 ft. in height. 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. • DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 11th DAY OF APRIL 2006. e~ . . ;~ ATT'~~T:.: ~~ ~~ •~ Tracy Ackroyd, City Clerk ~~ / ~ arold Turville, Mayor 8