R-07-1540f
CITY OF CLERMONT
RESOLUTION
NO. 1540
Page - 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW MORE THAN FOUR (4)
TENANTS WITHIN A COMMERCIAL SHOPPING CENTER LOCATED
IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held August 7, 2007 recommended for approval of this Conditional
Use Permit to allow more than four (4) tenants within a commercial shopping center located in
the C-2 General Commercial Zoning District at the following location:
LOCATION
North side of S.R. 50, approximately 600 feet west of Hancock Road
and between S.R. 50 and Legends Way
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 more than four (4) tenants within a
commercial shopping center located in the C-2 General Commercial Zoning District; 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 plan
prepared by Denham Summitt Engineering, LLC and dated May 15, 2007. 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.
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RESOLUTION
NO. 1540
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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 processed through the office of the
City Manager 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 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 Universal Village development may consist of those uses as permitted
within the C-2 General Commercial zoning district.
2. No business can occupy any portion of the building after construction and final
Certificate of Occupancy, unless the proposed business has applied for and obtained a Local
Business Tax Receipt from the Clermont Planning & Zoning Department.
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 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.
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RESOLUTION
NO. 1540
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3. All excavated material shall be stored in a location approved by the City Engineer.
4. Geo-technical information regarding the soil characteristics of the site shall be submitted
to the City as part of the final site review process
5. Ingress and egress to the site for construction shall be determined by the City Engineer.
6. The property shall be graded in accordance with the conceptual site plan prepared by
Denham Summitt Engineering, LLC and dated May 15, 2007; this allows for a change in
elevation of up to 20 feet over a portion of the site as depicted on the grading plan:
Section 4 -Transportation Improvements
1. Improvements on State Road 50 shall include an east bound left turn lane into the western
entrance driveway to the project and west bound right turn lane into the east entrance and a west
bound right turn lane into the west entrance.
2. Improvement to Legends Way shall include right and left turn lanes into the project site.
3. All improvements and dedications shall be completed prior to issuance of any certificate
of occupancy for the site.
4. The cost of design, permitting and construction of all improvements are the responsibility
of the developer.
Section 5 -Utility Improvements
1. Abandon the existing force main along the State Road 50 right of way and include the
wastewater flows from the abandoned main into the wastewater collection system of the project.
2. Provide a 20-foot utility easement centered over the existing force main along the
western property boundary.
3. All improvements and dedications shall be completed prior to issuance of any certificate
of occupancy for the site.
4. The cost of design, permitting and construction of all improvements are the responsibility
of the developer.
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RESOLUTION
NO. 1540
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Section 6 - Landscanin~
1. All landscape plans and plantings shall be in accordance with the landscape site plan, as
submitted by Denham Summitt Engineering, LLC and dated May 22, 2007, and shall meet or
exceed the City of Clermont Land Development Code.
Section 7 -Architectural Design Standards
All structures shall be designed and constructed in accordance with the following design
standards:
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.
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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RESOLUTION
NO. 1540
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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.
Entryway
(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;
8. Integral planters or wing walls that incorporate landscaped areas and areas for sitting.
Si~nage:
1. All signs for the project shall be monument signs or wall signs.
2. Flag poles shall have maximum height of 30 feet above grade.
Li tin
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.
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RESOLUTION
NO. 1540
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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.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 28th DAY OF AUGUST 2007.
ATT T:
Tracy Ac royd, City Clerk
Harold Turville, Mayor