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R-08-1569CITY OF CLERMONT RESOLUTION NO. 1569 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 SHOPPING CENTER WITH MORE THAN FOUR USERS AND FOR A BUILDING TO OCCUPY MORE THAN 20,000 SQUARE FEET OF SPACE IN THE C- 2GENERAL COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 3, 2008 recommended for approval of this Conditional Use Permit to allow for a retail shopping center with more than four users and for a building to occupy more than 20,000 square feet of space in the C-2 General Commercial District at the following location: LOCATION Northwest corner of Hooks Street and 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 a retail shopping center with more than four users and for a building to occupy more than 20,000 square feet of space in the C-2 General Commercial 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 dated May 2, 2008 as prepared by McCoy Engineering. 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 Conditional Use Permit application are not the approved construction plans. CITY OF CLERMONT RESOLUTION NO. 1569 Page 2 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. No business can occupy any portion of the building(s) after construction and final Certificate of Occupancy, unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning and Zoning Department. 9. 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. 10. A slab survey shall be submitted after the form boards have been installed and before the concrete has been poured. This is to ensure the setbacks and location of the building will conform to the Land Development Regulations. Section 2 -Land Use 1. The property is approved for use as a commercial center; including, a restaurant with outdoor seating, bowling alley, arcade, retail, and professional office. Section 3 -Transportation Improvements: 1. Sidewalks shall be required along all public road frontages in accordance with City codes. Section 4 -Architectural Design Standards All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. In addition, the following shall be allowed: CITY OF CLERMONT RESOLUTION NO. 1569 Page 3 1. All fencing within public view shall be ornamental metal or brick. 2. All materials stored outside must be within an opaque enclosure, as part of the site plan and approved by the City's Site Review Committee. Storage trailers or other storage systems shall be prohibited. Li tin 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. 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, ON THIS 24th DAY OF JUNE, 2008. Harold Turville, Mayor ATTEST: Tracy Ackroyd, City erk