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R-07-1533CITY OF CLERMONT RESOLUTION NO. 1533 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 GAS STATION AND CONVENIENCE STORE WITHIN 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 July 3, 2007 recommended for approval of this Conditional Use Permit to allow for a gas station and convenience store within the C-2 General Commercial Zoning District at the following location: LOCATION Northeast corner of U.S. 27 and Hartwood Marsh Road -out-parcel #1 of the Publix Shopping Center at Kings Ridge 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 gas station and convenience store within 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 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. 4. No business can occupy any portion of the building unless the proposed business has applied for and obtained a Local Business Tax Receipt from Clermont Planning and Zoning . CITY OF CLERMONT RESOLUTION NO. 1533 Page 2 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. The applicant shall be required to submit a formal site plan for review and approval by the City staff. The project shall be designed in substantial accordance with the plan presented at the preliminary site review meetings and public hearings with the exception of modifications necessary to comply with final CUP conditions. 8. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date the Conditional Use Permit is executed and signed by the appropriate parties. Substantial construction work means the commencement and continuous construction of required improvements ultimately finalized at completion. 9. An emergency generator shall be installed to allow continuous operation of the gas station in the event of any power shortages Section 2 -Land Use 1. Permitted uses shall include a gas station with up six fuel islands for 12 fueling stations, one car wash and a convenience store. 2. The Gas Station and Convenience store shall be closed from 11:00 P.M. to 5:00 A.M. Section 3 -Transportation Improvements• The developer shall provide the following transportation improvements: 1. A sidewalk shall be constructed along U.S. 27 and Hartwood Marsh Rd. as needed prior to final certificate of occupancy. Section 4 -Architectural Design: 1. Architectural finish and elevations for the gas stationlconvenience store & car wash shall be reviewed and approved by the site review staff prior to any development activity to ensure aesthetic considerations are addressed. CITY OF CLERMONT RESOLUTION NO. 1533 Page 3 2. The outparcel structures shall be architecturally compatible with the existing shopping center design. 3. Architectural Design standards shall apply to all development on the site. 4. Facades and Exterior Walls: a. Facades: The Architectural Elevations provided with the CUP application shall be amended to reflect the architectural compatibility with the existing shopping center design on all four sides of the structures. Amended plans shall be reviewed and approved by the City's site review committee. All signage shall meet city codes and be permitted separately. b. The loading areas shall be properly screened from public view. c. All storage of pallets, cardboard boxes, and other materials shall be within a screened enclosure. d. Chain link fencing shall be prohibited. 5. Roofs: a. 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 above the tallest roof top unit. A metal or other enclosure for roof tap equipment does not constitute screening from public view. 6. Materials and colors: a. The exterior finish of all improvements shall be of high quality materials, including, but not limited to, brick, stone, stucco and textured concrete masonry units. The finished surface of exterior walls shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels. 7. Signage: a. Neon tubing and scrolling text message boards are prohibited. b. There shall be no advertising on the canopy. 8. Lighting: CITY OF CLERMONT RESOLUTION NO. 1533 Page 4 a. The height of an outdoor lighting feature shall be a maximum of thirty feet. b. Outdoor lighting poles shall be designed to aim light straight down and be enclosed in a houseside shield and reflectors to prevent light from projecting in an upward or horizontal direction. Sag lenses, convex lenses, and drop lenses shall be prohibited. c. Neon tubing shall not be utilized for building trim or accent areas. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 25th DAY OF SEPTEMBER, 2007. ~---- _. ...._ -~ Harold Turville, Mayor ATTEST: ~~ ~~ Tracy Ac oyd, City Cler