R-00-1127i, ~ ~
CITY OF CLERMONT
RESOLUTION
NO. II27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A SHOPPING CENTER AND
FOUR OUT PARCELS.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a
meeting held May 2, 2000 recommended approval of this Conditional Use Permit to allow a shopping center and
four (4) out parcels, located in the G2 General Commercial Business District, at the following location:
LEGAL DESCRIPTION
See "Exhibit A"
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 a shopping center and four (4) out parcels,
located in the C-2 General Commercial Business 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, additions to 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 an approved site 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.
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. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met.
7. 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.
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• 8. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its
date of grant by the City Council or the permit shall become null and void.
9. 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 ultimatelX
finalized at completion.
Section 2 -Land Use
1. The proposed project will consist of a shopping center and four (4) out parcels, and shall be constructed
consistent with the conceptual site plan dated April 18, 2000 as prepared by Farner, Barley and Associates, Inc.
Each out parcel shall be limited to one structure.
Two of the tour out parcels may have a restaurant with a drive through window
4. This Conditional Use Permit shall include section 27.02 of the lease agreement between Publix and
Halverson Development Corporation. This section prevents Publix from causing the grocery store to "go dark", that
is continuing to pay the lease after vacating the building in order to prevent a competitor from using the vacated
space. See Exhibit "B".
Section 3 - Physical Site Development
1. The applicant shall submit a grading and erosion control plan for the site during the site plan review
process which must be approved by the City Site Review Committee prior to initiation of development activity.
• 2. Noise levels during construction shall not exceed those recommended by the Florida Department of
Environmental Protection. Any vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M.
Monday through 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 through Saturday. Heavy Equipment or heavy machinery engines will not be started
earlier than 7:00 A.M. on any approved workday.
All excavated material shall be stored in a location approved by the City Engineer.
30 days.
The permittee/developers shall seed and mulch or sod all disturbed areas that are not to be developed within
5. 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.
6. 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.
Ingress/egress to the site for construction shall be as approved by the City Site Review Committee.
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Section 4 -Site Plan and Architectural Design
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1. The developer shall construct a six (6) foot high screen wall around the rear property line of the site (from
the Winsley Street connection to Danbury Mill Road connection). In addition Lennar shall extend the 6' screen wall
from the Publix property across Winsley Street and turning the corner to block that area and supplement with
appropriate landscaping. Also, the house closest to the Publix property at this area shall be reasonably screened by
landscaping.
2. Rear site lighting poles will be no greater than 25 feet in height and include directional shields or lenses to
contain the lighting "onsite".
3. A minimum of sixteen (16) golf cart parking spaces shall be provided. The golf cart lane shall be extended
into the main parking lot.
4. The designated truck route for Publix will be U.S. Highway 27 to Hartwood Marsh Road, rather than
Hancock Road to Hartwood Marsh Road. Delivery trucks shall enter from Hartwood Marsh Road, not from Danbury
Mills Blvd, and exit from Winsley Street.
S. Truck deliveries shall be prohibited between the hours of 12:00 a.m. and 5:00 a.m., and discouraged
between the hours of 11:00 p.m. and 7:00 a.m.
6. All cardboard "recyclable" goods will be picked up daily.
7. Out parcels:
a. Each out parcel shall be limited to one monument sign, eight (8) feet in height. The total sign area
including sign face and base shall be limited to 100 square feet.
b. Out parcel structures shall be architecturally compatible with the shopping center design.
c. The general building height shall be limited to 25 feet in accordance with the Publix lease. This
does not include cupolas or decorative enhancements.
8. Both the Publix and the retail shops shall provide rear parapet walls to screen rooftop mechanical
equipment from view.
9. The number of trees required along the rear property line buffer shall be increased from one per 75 feet to a
minimum of one per 50 feet.
10. A sign shall be erected at Danbury Mills Blvd. and the shopping center road that reads "Kings Ridge
Residents Only".
Section 5 - Transuortation Imarovements
1. Approval of construction plans shall not be granted until the right-of-way for Hartwood-Marsh Road has
been dedicated. Right-of-way shall be dedicated so as to create 50 feet of right-of-way from the centerline of the
existing right-of-way.
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2. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee.
3. The western entrance from Hartwood Marsh Road (entrance closest to U.S. 27) shall be converted to a
right-in, right-out only entrance if and when determined necessary by the City.
4. Cross-access shall be provided between all out parcels.
5. Access to the out parcels shall be from Winsley Street or the shopping center parking lot. Parcels 1 and 2
shall share a joint driveway, parcels 2 and 3 shall share a joint driveway, and parcels 3 and 4 shall share a joint
driveway, and parcel 4 may have aright-in, right-out access on to Winsley Street.
Section 6 -Site Improvements/Landscapin~
1. Architectural finish, building, and landscape design plans for the project shall be submitted to and approved
by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations
are not adversely impacted.
Section 7 -Utilities
Restaurants will be required to install grease traps at a size to be determined by the Public Works Director.
2. A 12" water main shall be provided along U.S. 27 and shall extend from the southwest corner of the
property to the northwest corner as the out parcels are developed, unless the site review committee finds this is not
needed for further extension of the City's system or determines an alternate location would be satisfactory.
3. The water main on Hartwood Marsh Road is required to be a minimum of 10 inches per out code. It shall
• be upsized to 12 inches and the City shall provide water impact fee credits for the difference of the cost of materials
for the upsizing.
Section S -Variances
I . The shopping center shall be allowed to place its sign on one of the outparcels, rather than place it on the
shopping center property itself as required by code.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 23rd DAY OF MAY, 2000.
~__
arold S. Turville, Jr., Mayor
Attest:
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oseph E. Van Zil ity Clerk
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Book 1792 Page 2411
..'` gXHIBIT "A"
Legal Description
Lake Butler Groves. Inc.
A parcel of land Tying within Section 9, Township 23 South, Range 26 East, Lake
County, Florida, described as follows:
Commence at the Northeast comer of Section 4, Township 23 South, Range 26 East,
Lake County, Florida; thence along the North line of the Northeast 1 4 of Section 4 run
N89 °47'11"W 2650.48 feet to the North'/ comer of Section 1; thence run S22 °57'45"W
2618.13 feet; thence S89 °48 °E 2962.46 feet thence S00 °34'16'W 2800.16 feet;
.. thence Sq9 °34'05"W 81.29 feet thence S00 °53'07"W 2734.31 feet to the East -West
mld- section line of aforesaid Section 9; thence along said mid- section line run
N89 °42'0S°W 2078.98 feet thence departing said mid - section line run NO0 °18'40 "E
40.00 feet` to the North right -of -way line of Hartwood Marsh Road for the Point of
Beginning; thence continue N00 °18'40 "E 687.46 feet to the South boundary of Whitehall
at Kings Ridge Phase I, according to the plat thereof as recorded in Plat Book 40,
Pages 75, 76, and 77, Public Records of Lake County, Florida; thence along the
boundary of Whitehall at Kings Ridge Phase I run N89 °41'41 "W 645.08 feet; thence
N18 °22'36"W 180.49 feet thence departing said platted boundary run S71 °37'16"W
399.90 feet to the Northeasterly right -of -way line of U.S. Highway 27; thence along said
right -of -way line with the following three (3) courses; S18 °22'36 "E 389.56 feet thence
N71 °37'24 "E 5.00 feet; thence 518°22'36 "E 383.19 feet to the Northerly right -of -way line
of Hartwood Marsh Road (being 40 feet North of mid - section line); thence along said
right - of-way line run S89 °42'05 "E 829.40 feet to the Point of Beginning. (Containing
16.00 acres).
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9TO /OTO®1 NOJiV XH'IHSV LL6T Z89 LOi+ IVA 80:CO Hf1.L tCOZ /8T /60
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Tenant shall not use or permi~the use the
(L ) ~,v Tenon
Premises for the generation, storage, treatment, use,
transportation or disposal of any chemical, material, or substance
which is regulated as toxic or hazardous or exposure to which is
ohibited, limited, or regulated by any federal, state, county,
tonal, local, or other governmental authority or which, even if
t so regulated, may or could pose a hazard to the health and
safety of the other tenants and occupants of the Landlord's
property or adjacent property. If any such chemical, material or
substance is used upon the Premises in the ordinary course of
Tenant's permitted business, Tenant shall not use any such
chemical, material or substance in a hazardous manner. In the
event of any use in violation of this provision Tenant will
indemnify Landlord for any loss or expense, including reasonable
attorney fees, it suffers as a result of the violation. Tenant's
liability for such indemnification is not limited by any
exculpatory provision of this Lease, and shall survive any
cancellation or termination of this Lease or transfer of Landlord's
interest in the Premises.
26. COVENANT OF QUIET ENJOYMENT
26.0 1 ,Qovenant of Ouiet Enjo en If Tenant shall pay the
Fixed Minimum Rent and other amounts payable hereunder and
substantially perform all of its covenants and conditions to be
performed by Tenant hereunder, Tenant shall, during the Term,
freely, peaceably, and quietly occupy and enjoy possession of the
Premises, together with the rights, privileges, easements, and
appurtenances herein demised, without molestation or hindrance,
lawful or otherwise, subject, however, to the Permitted Title
Exceptions.
27. OFERATION
27.01 Q~2,eration. Any provision of this Lease to the contrary
notwithstanding, Tenant shall not be required to continuously
occupy the Premises or operate therein, and Tenant shall not be
liable to Landlord or to any other tenant in the Shopping Center
for the failure of Tenant to operate in or occupy the Premises.
27.02 Go Dark.
(a) Without Cause. Tn the event Tenant° ceases to
conduct business from the Premises for any reason other than those
set forth in Paragraph 27.02(b) of this Lease, entitled "With
Cause", for a period of six (6) consecutive months, Tenant shall
deliver written notice to Landlord advising Landlord that Tenant
has ceased to conduct business from the Premises for said period.
In the event Tenant ceases conducting business from the Premises
for reasons other than those set forth in said Paragraph 27.02(a)
far a period of six (6) consecutive months, Landlord may, at its
option, elect to terminate this Lease by delivery of written notice
of such election to Tenant at any time after the expiration of said
six (6) month period, but in no event later than sixty (60) days
after the date of receipt by Landlord of written notice from Tenant
as set forth in the preceding sentence, whereupon this Lease shall
be deemed terminated and of no further force or effect, except as
otherwise expressly set forth herein, which termination shall be
effective as of the last day of the month next succeeding the month
in which Tenant is deemed to have received said notice of
termination; provided, however in the event Tenant commences
conducting business from the Premises prior to the effective date
of said notice of termination, said notice of termination shall be
deemed null and void and of no further farce or effect. In the
event Tenant notifies Landlord that Tenant has ceased conducting
business from the Premises as herein provided, and in the event
M Landlord fails to terminate this Lease as herein provided, then:
(i) Landlord's right to terminate this Lease pursuant to this
Paragraph 27.02 (a) shall be deemed null and void and of no further
January 12, 2000 -40-
force or effect; and (ii) any provision of this Lease to the
trary notwithstanding, the terms and provisions of Article 6 of
~s Lease, entitled "Percentage Rent", shall be deemed null and
void and of no further force or effect.
(b) With Cause. The terms and provisions of Paragraph
27.02(a) shall not apply in .the event Tenant does not commence
conducting business from the Premises, or having commenced
conducting business from the Premises thereafter ceases to conduct
business from the Premises, due to causes for which such failure to
commence or such cessation are excused under the terms and
provisions of this Lease, including, without limitation, the
following: (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 majeure; or (viii) failure to satisfy the
contingencies set forth in Article 47 of this Lease, entitled
"Contingency" .
28. SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT
28.01 Sl~bord~nat~on. Non-Disturbance and Attornment. Landlord
reserves the right to subject and subordinate this Lease at all
times to the lien of any first mortgage now or hereafter placed
upon Landlord's interest in the Premises; provided, however: (i)
no default by Landlord under any mortgage shall affect Tenant's
~ghts under this Lease, so long as Tenant performs its material
d monetary obligations imposed upon it hereunder; (ii) the holder
of any mortgage executed prior to the execution of this Lease will
execute a Subordination, Non-Disturbance and Attornment Agreement
in the form set forth in exhibit "E" which is attached hereto and
incorporated herein; and (iii) any mortgagee of a mortgage executed
after the date of the signing of this Lease shall execute a
Subordination, Non-Disturbance and Attornment Agreement in the form
set forth in Exhibit "E" attached hereto. The Subordination, Non-
Disturbance and Attornment Agreement shall be executed by all
parties thereto in recordable form and Tenant may, at Tenant's
election, file the executed Subordination, Non-Disturbance and
Attornment Agreement in the public records maintained by the
appropriate governmental authority having jurisdiction over real
property records in the municipality in which the Premises is
located.
29. ESTOPPEL CERTIFICATE
29.01 Eston}~el Certificate. Upon written request of Landlord
or Tenant, the other party, within thirty (30) days of the date of
receipt of such written request, agrees to execute and deliver to
the requesting party, without charge, a written Estoppel
Certificate in the form set forth in Exhibit "F" attached hereto
and incorporated herein, subject to revision thereof to reflect a
rue and accurate statement of facts.
0. TRADE FIXTURES
30.01 Ownership, Removal, and Waiver of Lien. All trade
fixtures, equipment, leasehold improvements and property of any
nature which may be installed or placed in or upon the Premises by
Tenant shall remain the property of Tenant. Tenant shall have the
right, at any time during the Term, and up to thirty (30) days
after the expiration or earlier termination of this Lease, to
remove such trade fixtures,' equipment, and property from the
remises; provided, however, Tenant shall promptly repair any
amage caused by such removal. Any trade fixtures, equipment,
leasehold improvements, or other property in the Premises which
remains in the Premises more than thirty (30) days after expiration
or earlier termination of this Lease shall be deemed abandoned and
may be disposed of by Landlord at its discretion. Tenant may
January 12.2000 -41-