R-99-1067• •
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RESOLUTION
NO. 1067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF SHOPPING CENTER WITH UP TO 247,000 SQUARE FEET OF
FLOOR AREA AND FIVE (5) OUT PARCELS, LOCATED IN THE C-2 GENERAL
COMMERCIAL BUSINESS DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held May 4, 1999 recommended approval of this Conditional Use
Permit to allow the construction of a shopping center with up to 247,000 square feet of floor area
and five (5) out parcels, located in the C-2 General Commercial Business District at the
following location:
LEGAL DESCRIPTION
See Attachment "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 the construction of a shopping center with
up to 247,000 square feet of floor area and five (5) out parcels, located in the C-2 General
Commercial Business District shall be granted subject to the following conditions:
Section 1-General Conditions
1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with
the land and the terms, conditions, and provisions hereof, and shall be binding upon the present
owner and any successor in title or interest, and shall be subject to each and every condition
herein set out.
2. Upon approval of the resolution the aforementioned property shall only be used for the
purposes described herein. No further expansion of the use or additions to this project shall be
permitted except as approved by another Conditional Use Permit. Any other proposed use shall
be specifically authorized by amendment and approval of the City of Clermont City Council.
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CI?j'O~ CLE.R,M091~?
RESOLUTION
NO. 1067
Page-2-
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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 necessary
approvals, and obtaining necessary permits in accordance with the City of Clermont Land
Development Regulations and those of other appropriate jurisdictional entities.
4. 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.
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. This permit shall become null and void if substantial work has not begun within one (1)
year of the date of issuance of this Conditional Use Permit.
Section 2 -Land Use
1. The proposed development may contain up to 247,000 square feet of shopping center
space and in addition the project is approved for up to a maximum of five (5) out parcels,
consistent with the conceptual site plan dated April 11, 1999 prepared by KCG, Inc., with the
understanding that the area depicting up to 180,000 retail store is to be amended to read retail
stores (plural).
2. The allowable uses shall be those uses indicated within the C-2 Zoning Category of the
City of Clermont Land Development Regulations.
3. The permittee shall reserve a strip of land thirty (30) feet in width along the north and
east boundaries of the site for the future South Lake Trail.
Section 3 -Transportation Improvements
1. Sidewalks shall be required along all public road frontages in accordance with adopted
FDOT and City Codes.
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cr~yo~cL~a~to~r
RESOLUTION
NO. 1067
Page - 3 -
2. Prior to construction and development of the Shopping Center project, the
permittee/developer shall provide a traffic analysis which identifies the development's impact on
the City's transportation system.
3. Based upon results of the traffic study as referenced in Item 2 above, the City may
require that transportation improvements necessitated by the portion of the project for which a
building permit is sought be made at the time of construction of that portion of the project.
Nothing herein shall be construed to limit the right of the applicant to pursue all available
remedies to dispute any specific transportation improvements which may be required by the City.
At such time as signalization is determined warranted and necessary on Highway 50 and North
Hancock Road the permittee/developer shall pay a pro rata share of signalization improvement
costs based on traffic counts. Project specific on-site/off-site transportation improvements
consistent with identified project impacts, per the traffic study, will be the sole responsibility of
the developer.
4. Right-of-way shall be dedicated and access to the site shall be constructed in accordance
with an existing agreement between Lake County, the City of Clermont, and the developer.
Section 4 -Excavation and Grading/Operation Plans
1. The applicant shall submit a detailed excavation, grading and erosion control plan for the
entire site during the site plan review process which must be approved by the City Site Review
Committee prior to initiation of development activity.
2. The permittee/developers shall provide ground cover on all out parcel and 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.
3. 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.
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CITY OF CLERMONT
RESOLUTION
NO. 1067
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Section 5 -Site Imurovements/Landscaning
1. Architectural finish, building, and landscape design plans for the commercial center shall
be submitted and approved by the Site Review Committee prior to any development activity to
ensure aesthetic and public safety considerations are not adversely impacted.
2. The permittee shall construct a landscaped buffer, in excess of City regulations, that
effectively provides a visual barrier along the rear of the shopping center. This landscaped
buffer is to be constructed at the time of construction of the shopping center.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 25~ DAY OF MAY, 1999.
Harold S. Turville, Jr., Mayor
Attest:
seph E. Van le ity C rk
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Resolution No. 1067
Attachment "A"
A PARCEL OF LAND LOCATED IN THE NORTHWEST i/4 OF SECTION 27 AND THE SOUTHWEST iL4
OF SECTION 22, T223, R26E, LAKE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FFOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE S89'li'05"E ALONG THE
NORTHERLY LINE OF SAID SECTION 27, A DISTANCE OF 25.00 FEET TO THE EASTERLY RIGHT
OF MAY LINE OF HANCOCK ROAD (VARIABLE RIGHT OF NAY) AND THE POINT OF BEGINNING:
THENCE LEAVING THE NORTHERLY LINE OF SAID SECTION 27. NO'S0'10"E ALONG THE EASTERLY
RIGHT OF WAY LINE OF SAID HANCOCK ROAD A DISTANCE OF 0.10 FEET TO A POINT: THENCE
CONTINUING ALONG SAID EASTERLY RIGHT 0~ WAY LINE OF HAN(
OF 557.64 FEET TO A POINT; THENCE LEAVING SAID EASTERLY
ROAD, S60'ii'05"E. A DISTANCE OF 1246.20 FEET TO A POIN1
OF 1!91.59 FEET TO A POINT ON THE NORTHERLY RIGHT OF LIB
OF RIGHT OF WAY NORTH OF THE CENTERLINE); THENCE N89'21'
MAY LINE OF STATE ROUTE 50, 1504.69 FEET TO A POINT ON 1
OF HANCOCK ROAD; THENCE LEAVING SAID NORTHERLY RIGHT OF
NO.50'10"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF SAIL
OF !!66.55 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 40.7698 ACRES OF LAND MORE OR LESS.
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D, NO'21' 08'E,
~F NAY LINE OF
f 3i9'46'2i'E.
ATE ROUTE 50
ONG THE NORTHE
ERLY RIGHT OF
E OF STATE ROl
K ROAD. A DSII
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