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R-2011-07 CITY OF CLERMONT RESOLUTION NO. 2011-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A CHURCH FACILITY IN THE CBD, CENTRAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held March 1, 2011 recommended for approval of this Conditional Use Permit to allow a church facility in the CBD Central Business District; at the following location: LOCATION: 821 West Minneola 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 church facility in the CBD Central Business District; be granted subject to the following conditions: CONDITIONAL USE PERMIT 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 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. 1 CITY OF CLERMONT RESOLUTION NO. 2011-07 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 church 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. The church occupancy load shall be governed by the amount of parking on site. No more than 4 seats per 1 parking space. 13. Should a new business that sells alcoholic beverages for onsite consumption wish to locate within 500 feet of the church, the church would not contest a variance application to allow said use within 500 feet of the church. 14. This Conditional Use Permit shall be valid for a maximum 30 month from the date of City Council approval. A new CUP must be approved for any additional use for a church. 15. Should the church use cease operations for a period greater than 180 days, a new Conditional Use Permit shall be required. Section 2 — Land Use 1. 821 West Minneola St. may be used as a church facility in addition to any permitted CBD Central Business District uses. 2 CITY OF CLERMONT RESOLUTION NO. 2011-07 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Flonda, this 22nd day of March, 2011. CITY OF CLERMONT p` x4 enact 5 4: nz; 41111P o d S. Turville, Jr., Mayor tTTEST L / - +dor 40 , Tracy Ac Acd, City Cler 3