R-06-1492• CITY OF CLERMONT
RESOLUTION
NO. 1492
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 COMMERCIAL DEVELOPMENT TO INCLUDE RESTAURANTS
AND RETAIL STORES.
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 commercial development to include restaurants and retail stores at
the following location:
LOCATION
Property generally located at the South side of Highway 50, approximately 330 feet east of
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 allow for the construction of a commercial
development to include restaurants and retail stores; 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. The property shall be developed in substantial accordance with the conceptual site plan as
prepared by KCG Inc dated 5-10-05. Construction plans incorporating all conditions of this
permit shall be submitted for review and approval by City staff prior to authorization and
issuance of a development permit. The conceptual plan submitted with the CUP application is
not an approved site plan.
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• CITY OF CLERMONT
RESOLUTION
NO. 1492
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3. Upon approval of the 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.
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. 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. 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. 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.
Section 2 -Land Use
1. The proposed development may contain up to 39,000 square feet of shopping center
space and in addition the project is approved for up to a maximum of four (4) out parcels,
consistent with the conceptual site plan prepared by KCG, Inc.
2. The allowable uses shall be those uses indicated within the C-2 Zoning Category of the
City of Clermont Land Development Regulations.
Section 3 -Transportation Improvements
1. Sidewalks shall be required along all public road frontages in accordance with adopted
FDOT and City Codes.
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• CITY OF CLERMONT
RESOLUTION
NO. 1492
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2. 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.
Section 4 -Excavation and Grading/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. The permittee/developers shall provide ground cover 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.
• 3. 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.
Section 5 -Utilities
1. The wastewater collection system shall be constructed in accordance with the City's
master plan. This may include, but not be limited to, a regional lift station and associated gravity
pipe and force mains to connect to the City's existing collection system.
Section 6 -Site Imarovements/Landscauing
1. 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.
2. The permittee shall construct a landscaped buffer, in excess of City regulations, that
effectively provides a visual barrier along the rear of the shopping center. This landscaped
buffer is to be constructed at the time of construction of the shopping center.
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RESOLUTION
NO. 1492
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Section 7 -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.
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CITY OF CLERMONT
RESOLUTION
NO. 1492
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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 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.
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RESOLUTION
NO. 1492
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Lighting:
1. Light poles shall not be painted in primary colors and they shall be no greater than 25 ft. in
height.
2. 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.
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.
3. Chain link fencing shall be prohibited. Fencing around water retention areas and all other
fencing shall be ornamental metal fencing.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 10~h DAY OF OCTOBER 2006.
ATTEST:
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Tracy Ackro d, City Clerk
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Harold Turville, Mayor