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R-09-1639CITY OF CLERMONT RESOLUTION NO. 1639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DAYCARE FACILITY IN THE R-3-A RESIDENTIAL/PROFESSIONAL ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held November 3, 2009 recommended for approval of this Conditional Use Permit to allow a daycare facility in the R-3-A Residential/Professional Zoning District; at the following location: LOCATION: 176 East Highland Avenue 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 daycare facility in the R-3-A Residential/Professional 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 further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit (CUP). 3. The property shall be developed in substantial accordance with the conceptual site plan as submitted. A site plan 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 CUP application are not the approved construction plans. 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. CITY OF CLERMONT RESOLUTION NO. 1639 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 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. 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 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. Should this use cease operation for more than 180 days, a new Conditional Use Permit shall be required for a same or similar operation. Section 2 -Land Use 1. The property is approved for use as a children's day care facility as well as uses permitted with the R-3-A zoning district. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 24th DAY OF NOVEMBER, 2009. .l- Harold S. Turville, Jr., Mayor ATTEST,t ~'-' - Tracy Ackrdyd, City Clerk 2