R-06-1488CITY OF CLERMONT
• RESOLUTION
NO. 1488
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION
OF A HOME IMPROVEMENT RETAIL DEVELOPMENT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held September 5, 2006 approved this Conditional Use Permit to
allow for the construction of a home improvement retail development at the following location:
LOCATION
Sandhill Commons Unit II, western portion of Lot 2.
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 the construction of a home
improvement retail development; 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
manner within the boundary of the project without first submitting necessary plans,
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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. 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 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. The property shall 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.
7. 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.
8. 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, 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. The property shall be developed in substantial accordance with the conceptual site plan
dated August 17, 2006, as revised per City Council meeting held on September 26, 2006
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by Upham, Inc., and the architectural rendering by Scott & Goble Architects as
• presented. Formal construction plans, incorporating all conditions stated in this permit
shall be submitted for review and approval by the Site Review Committee prior to the
issuance of a zoning clearance of other development permits. The conceptual site plans
submitted with the CUP application are not the approved construction plans.
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 proposed development may contain an anchor tenant with up to 172,000 square feet of retail
space. 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.
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 a 25' setback from City and County rights-of-way, and 25' setback
from adjacent properties.
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 (6) 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.
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(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.
Section 3 - Transuortation Improvements
Sidewalks shall be required along all public road frontages in accordance with adopted
City 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 on the aggregate amount of parking and vehicular use space
shall be determined by the City Site 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. Roadway improvement plans for Highway 50, Oakley Seaver, Hooks Street, 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. Project
• specific on-site/off-site transportation improvements consistent with identified project
impacts will be the sole responsibility of the developer.
4. Prior to construction and development of the home improvement retail 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;
performance shall be contingent upon formal notification by the City. Based on the
traffic analysis, additional roadway improvements may be required.
5. Ingress/egress to the site for construction shall be determined by staff.
6. If determined by staff in the future that the site requires any portion of the deferred 288
spaces, those spaces would be installed, in accordance with the conditional use permit.
a. The development and/or owner must provide the required number, per the Land
Development Code, within six (6) months of notification by the City of the need.
b. All grading, perimeter landscaping, and drought tolerant grass (over the entire
deferred parking area) and irrigation must be in place for the entire deferred
parking area prior to building certificate of occupancy being issued.
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7. All landscaping should be in accordance with Chapter 118, Vegetation
• 8. All right-of-ways associated with this project must be dedicated prior to any building
permit.
9. The development and/or owner must construct Oakley Seaver Drive from Highway 50 to
Hooks street, and shall develop Hooks Street from Oakley Seaver Dr. to the western
right-of-way Sandhill View Blvd. Sandhill View Blvd. shall also be constructed form
Sandy Grove Ave. to Hooks St. in accordance with the master design approved by Lake
County and the City of Clermont. Construction must be completed prior to issuance of
certificate of occupancy.
Section 4 - 5tormwater 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 shall 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 outfall shall be as approved by the City Engineer.
5. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V). The side
slopes shall be sodded. All other areas being disturbed shall be stabilized with landscape
and sod in accordance with adopted City Code.
Section 5 -Excavation and Gradine/Operation Plans
1. The applicant shall submit a detailed excavation, grading and erosion control plan for the
entire site during the site plan review process which must be approved by the City Site
Review Committee prior to 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 City as part of the Site Review process.
4. The penmittee/developers shall provide both temporary and permanent grassing including
fertilizer application on all out parcel and disturbed areas, where construction is not
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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 until actual construction occurs.
5. In areas where substantial earthwork requires filling/compaction, density tests will 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 be taken in
eliminating the migration of dust particles from the site. The plan must specifically
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 (3:1), such
as water retention areas, shall be sodded. Slopes greater than 3:1 shall be prohibited.
Slopes of the water retention areas shall be irrigated. Trees shall be provided in the WRA
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). All 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 shall conform to adopted City Codes and Standards.
2. No outside storage or display, unless indicated on the site plan and approved by the
Clermont City Council.
3. All dumpster and other external equipment sites shall be enclosed with masonry
structures with approved 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.
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5. Commercial display of commodities for sale shall 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.
6. 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 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.
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. Loading areas shall be properly screened from public view. 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.
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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, 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) The home improvement 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.
(b) An eight foot wide unobstructed pedestrian walkway shall be maintained the length of
the store. This area shall not be used for display and will not serve as the fire lane.
Signal
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.
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Outdoor storage:
i 1. The outdoor storage/ staging area behind the building shall be within a walled area that
matches the decor of the main building, in order to provide screening from public view,
as approved by city staff.
All travel lanes must remain open and unobstructed from all merchandise and materials.
2. All pallets, boxes, and related items shall be stored in an enclosed area and screened from
public view.
Outdoor displace
All outdoor display areas shall 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 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. Storage of
trailers and sheds in required parking areas is prohibited. Display areas cannot extend or
block sidewalk or fire lanes.
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. 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 26u' DAY OF SEPTEMBER 2006.
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~~~~4~,; Ttacy Aekroyd, City Clerk
Harold Turville, Mayor
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