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R-07-1539CITY OF CLERMONT RESOLUTION NO. 1539 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 STORE OVER 20,000 SQUARE FEET. 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 for a retail store over 20,000 square feet at the following location: LOCATION South of S.R. 50, North of Hooks Street, and West of Grand Highway 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 a retail store over 20,000 square feet; 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. The property shall be developed in substantial accordance with the conceptual Conditional Use Permit site plan dated 6/21/07 as prepared by Interplan, LLC. 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 Conditional Use Permit site plans submitted with the CUP application are not the approved construction plans. 3. 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 approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. CITY OF CLERMONT RESOLUTION NO. 1539 Page - 2 4. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 5. 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. 6. 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. 7. 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. This permit is for a retail building not to exceed 57,000 square feet, fronting Grand Highway and backing up to U.S. 27. The development may include those uses as permitted in the C-2 General Commercial Zoning District, and be consistent with the conceptual Conditional Use Permit site plan dated 6/21/07 as prepared by Interplan, LLC. 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. 3. The development and uses shall be consistent with the regulations in the C-2 General Commercial Zoning District, or those uses contained within this CUP. 4. 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; CITY OF CLERMONT RESOLUTION NO. 1539 Page - 3 (v) default by Landlord; (vi) eminent domain; (vii) force of nature. (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 - Physical Site Development 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. All excavated material shall be stored in a location approved by the City Engineer. 3. Geo-technical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. 4. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all 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. Section 4 -Transportation Improvements 1. The developer shall coordinate with the Lake County Public Works Department and the Florida Department of Transportation on all transportation improvements as to negate duplication of design and construction. 2. Sidewalks shall be required along all public road frontages, including Grand Highway, Hooks Street, and U.S. 27, in accordance with FDOT regulations and City Codes. Sidewalks along U.S. 27 maybe delayed, with approval by City staff, due to the widening of the road. 3. The City may require that transportation improvements, necessitate by the portion of the project for which a building permit is sought, be made at the time of construction. Project specific on and off site transportation designs are the sole responsibility of the developer. CITY OF CLERMONT RESOLUTION NO. 1539 Page - 4 4. Grand Highway shall be widened and constructed from S.R. 50 to Hooks Street, in accordance with the applicable standards of FDOT, Lake County, or the City of Clermont, before any certificates of occupancy are issued. 5. Hooks Street shall be widened and constructed from U.S. 27 to and including the intersection of Grand Highway, in accordance with the applicable standards of FDOT, Lake County, or the City of Clermont, before any certificates of occupancy are issued. 6. Roadway improvement plans for Grand Highway, additional public streets, and the project site, including but not limited to, access drives, accel/decal 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. 7. At such time as signalization is determined warranted and necessary at the intersection of Grand Highway and Hooks Street, the permittee/developer shall be responsible for their proportionate share for the installation of the traffic light. Project specific on-site/off-site transportation improvements consistent with identified project impacts will be the sole responsibility of the developer. 8. Additional right-of-way shall be dedicated along Grand Highway to accommodate required turn lanes into the property as determined by the Site Review Committee. Section 5 -Utilities and 5tormwater 1. The permittee shall be responsible for purchasing, installing, and maintaining fire hydrants within the project. They shall be installed according to City code. 2. Restaurants will be required to install grease traps at a size to be determined by an engineer and approved by the Utility Director. 3. 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. 4. A gravity sewer system shall be designed, permitted and constructed along Grand Highway and connect to Lift Station E-4. The system shall be designed to accommodate the master plan requirements of the lift station service area as determined by the Engineering Department. The system shall include stub outs to serve all adjacent properties. The improvements may require upsizing of Lift Station E-4 to accommodate the additional flows. CITY OF CLERMONT RESOLUTION NO. 1539 Page - 5 5. The City shall compensate for materials only for upsizing of improvements. Compensation shall be by impact fee credits. 6. A 12-inch water main shall be designed, permitted and constructed along the property boundary in the Grand Highway right of way. The water main shall continue along the Hooks Street right of way and connect to the terminus of the existing 12-inch water main, east of the property boundary. 7. A gravity sewer system shall be designed, permitted and constructed along Grand Highway and connect to Lift Station E-4. The system shall be designed to accommodate the master plan requirements of the lift station service area as determined by the Engineering Department. The improvements may require upsizing of Lift Station E-4 to accommodate the additional flows. The City shall compensate for materials only for upsizing of improvements. Compensation shall be by impact fee credits. 8. A 15-foot utility easement shall be dedicated along the south property boundary, adjacent to the northern boundary of the Hooks Street right of way to accommodate the City's force main. The force main shall be constructed at the same time as the Hooks Street construction. 9. A 12-inch water main shall be designed, permitted and constructed along the property boundary in the Grand Highway right of way. 10. The 12-inch water main shall be connected to the existing 12-inch water main on the west side of US 27 via jack and bore. 11. A 100 x 100 foot tract shall be dedicated to the City along or near the Hooks Street right of way for utility improvements. 12. All improvements shall be designed, permitted and constructed at the developer's expense. Compensation for materials only of upsizing of utilities shall be through impact fee credits. Section 6 -Landscaping 1. The landscape design for all parking areas, buffers, rights of way, pedestrian ways and focal points shall be unified and complementary to the ambiance of the center. 2. All landscape plans and plantings shall meet or exceed the City of Clermont Code. CITY OF CLERMONT RESOLUTION NO. 1539 Page - 6 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. 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. CITY OF CLERMONT RESOLUTION NO. 1539 Page-7 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. Entr~va (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. Signage: 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. 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. CITY OF CLERMONT RESOLUTION NO. 1539 Page - 8 Section 8 -Site Improvements Outdoor storage: 1. All materials stored outside must be within an opaque enclosure. 2. Storage of inventory in trailers or other storage systems shall be prohibited. 3. Shopping cart returns shall be provided within the retail structures. 4. Cart corrals or returns may be provided for in the parking lot. No advertising shall be allowed on the cart corrals. Outdoor displace 1. Outdoor display of merchandise is prohibited. Fencing: 1. All fencing within public view shall be ornamental metal or brick, and shall be finished. Section 9 -Public Safety PUBLIC SAFETY COMMUNICATIONS AMPLIFICATION (Bi-Directional Amplified Distributed Antenna System) Except as otherwise provided, no person or organization shall maintain, own, erect or construct any building or structure or any part thereof or cause the same to be done which fails to support adequate radio coverage to public safety service workers, including but not limited to firefighters and police officers. For the purposes of this section, adequate radio coverage shall be as determined by the city fire official. The frequency ranges which must be supported include frequencies in use and/or licensed to the fire, law enforcement and EMS providers for the City of Clermont. The building official and/or City of Clermont Fire Marshal may require tests as evidence of compliance to be made at no expense to this jurisdiction. Buildings and structures over thirty-five (35) feet in height, buildings with below grade spaces or parking, buildings with any floor greater than 30,000 square feet and other buildings where required to provide adequate signal strength which cannot independently support the required level of radio communications coverage shall be equipped with any of the following in order to achieve the required adequate radio communications coverage: a radiating cable system or an internal multiple antenna system with FCC type-accepted signal booster amplifiers as needed. CITY OF CLERMONT RESOLUTION NO. 1539 Page - 9 If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input. In the event that a signal booster is employed it shall be fully encased within a dust and water resistant case. For purposes of this section elevators maybe excluded from the definition of "all parts of a building" or "any part thereof'. The requirements of this section maybe waived by the City of Clermont fire official for buildings which do not have below grade spaces or parking in areas and circumstances where it is recognized that adequate radio communications coverage will be acceptable. A certificate of occupancy may not be issued for any building or structure which fails to comply with this requirement. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 28th DAY OF AUGUST 2007. ATTEST: Tracy,Ackroyd, City Clerk Harold Turville, Mayor