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R-02-1238• • • CITY OF CLERMONT RESOLUTION N0. 1238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1107 TO INCLUDE THE OPERATION OF A RESTAURANT AND BAR. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held January 2, 2002 recommended approval of this Conditional Use Permit to amend Resolution No. 1107 to include the operation of a restaurant and bar; at the following location: Legal Description 848 Osceola Street 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 amend Resolution No. 1107 to include the operation of a restaurant and bar; be granted subject to the following conditions: CONDITIONS: 1. The property shall be developed in substantial accordance with the conceptual site plan as prepared by McCoy & Associates and dated March 4, 2002. Construction plans incorporating all conditions of this permit shall be submitted for review and approval by City staff prior to authorization and issuance of a development permit. The conceptual plan submitted with the CUP application is not an approved site plan. 2. Landscape buffers shall be constructed along Osceola St. and around the car and boat parking areas to screen them from public view. A Landscape buffer in excess of code may be required to screen the boat parking area. The nature of this buffer will be determined by staff during site plan review. 3. Permitted uses shall include the wakeboard camp, boardinghouse, restaurant, and bar. All other uses must be approved by another Conditional Use Permit. 4. Water structures shall be located at least 275 feet west of the western most portion of the City's Eighth Street Pier, and if the water structures located west of the western property boundary become a problem, the City Council reserves the right to require their removal. 5. Property shall be reserved for the realignment of the Lake Minneola Trail so that it will run along the Lake Minneola shoreline rather that along Osceola St. If the trail is realigned, property for the trail might be dedicated as right-of-way or provided by an easement. 6. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. • • • C1TY OF CLERMONT RESOLUTION NO. 1238 Page - 2 - 7. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 8. 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. met. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been 10. 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. 11. 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. • 12. 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. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 26th DAY OF MARCH 2002. J F#aroid` urville, Mayor Attest: ~ seph an Zile y Clerk 2