magic11
CITY OF CLERMONT
AGENDA ITEM
Page 1 of 4
Planning & Zoning Commission
City Council
May 3, 2016
May 24, 2016
FROM: Planning & Zoning Department
Requested Action
MOTION TO APPROVE: Resolution No. 2016-14
Conditional Use Permit to allow a Daycare Facility in the CBD, Central Business District Zoning
District
Summary Explanation/Background Magic Moments Daycare Center – Conditional Use Permit
The applicant is requesting a Conditional Use Permit to allow a Daycare Facility in the CBD, Central
Business District Zoning District. Childcare centers are designated as a conditional use within the CBD
zoning district.
The proposed location of 756 West Avenue was previously approved in 2009 for a Conditional Use
Permit for a youth counseling center.
Magic Moments, the current applicant, is proposing to occupy the 2,100 square foot building for their
Schooler Program (ages 5-12) which is currently operated at 855 West Desoto St. 855 West Desoto St.
is also the home of the Veterans of Foreign Wars (VFW) building. The VFW currently has an
agreement with Magic Moments to allow this Schooler Program to operate out of their building. The
VFW is also growing, and would like to occupy more of their building space displacing the Magic
Moments Schooler program.
Magic Moments has identified this new location and building as an ideal location to relocate their
Schooler Program of approximately 46 kids. One improvement with this location will be the bus pick
up and drop off will be handled on site within the parking lot rather than the performed on Desoto St. as
currently done at the VFW building. Hours of operation will remain the same as before from 12:00
p.m. to 6:30 p.m. during the school year, and 9 a.m. to 6:30 p.m. during summer months Monday
through Friday.
Exhibits Attached (copies of original agreements)
Exhibit 1 – Site information & Aerial map of site
Exhibit 2 – CUP Conditions
Exhibit 1
Location Map:
Exhibit 2
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 expansion of the use or additions to the facility shall be permitted except as approved by another
Conditional Use Permit.
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. The structure shall be inspected by the Fire Inspector for life safety requirements, all requirements must
be met prior to any certificate of occupancy being issued.
5. The structure shall be inspected by the Building Inspector and all building code violations must be
corrected prior to a certificate of occupancy being issued.
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.
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. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by
the City Council, a short-form version of this Conditional Use Permit as provided by the City or a form
acceptable to the City, to provide notice to all interested parties, the assigns, successors and heirs of the
developer/applicant and all future owners of the above-referenced property that the real property
described above is subject to the terms and conditions of the Conditional Use Permit.
10. If, at a future date, parking at this site proves inadequate the applicant understands and agrees that the
City may require additional parking or rescind this Conditional Use Permit.
11. Should the daycare use become an infringement upon the other business within the development, the city
reserves the right to reopen the Conditional Use Permit for additional review and conditions.
12. Should the daycare use cease operations for a period greater than 180 days, a new Conditional Use Permit
shall be required.
13. The student population shall be a maximum of 48 students, and well as five staff members (or as
required by Florida State staffing requirements). A student count shall be provided to the City
for inspection when requested for compliance to this condition.
Section 2 – Land Use
1. 756 West Ave. may be used as a daycare facility in addition to any permitted CBD uses.