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R-2011-08 CITY OF CLERMONT RESOLUTION NO. 2011-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO OPERATE A CHURCH IN A R -3 RESIDENTIAL /PROFESSIONAL ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held May 3, 2011 recommended for approval of this Conditional Use Permit to operate a church in a R -3 Residential/Professional zoning district; at the following location: LOCATION: 792 East Montrose 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 operate a church in a R -3 Residential/Professional zoning 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. The property may be used as a Church facility only. No expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. The property shall be developed in substantial accordance with the conceptual site plan prepared by Highland Industries, Inc. Formal site plan and construction plans incorporating all conditions stated in this permit 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 Conditional Use Permit 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. 1 CITY OF CLERMONT RESOLUTION NO. 2011-08 5. The structure shall be inspected by the Fire Marshall for life safety requirements. All requirements must be met prior to any Certificate of Occupancy being issued. 6. The structure shall be inspected by the City Building Inspector and all building code violations must be corrected prior to a Certificate of Occupancy being issued. 7. Required on -site parking spaces must be paved in accordance with City Code unless otherwise approved by the City Council through the variance process. Handicap parking spaces must be paved with access. 8. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met and final building permits and landscaping have been completed. 9. 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. 10. 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. 11. 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 descnbed above is subject to the terms and conditions of the Conditional Use Permit. 12. This Conditional Use Permit shall become null and void if all necessary permits have not been issued within six (6) months, and all improvements, renovations and items as outlined in the conceptual site plan are not completed within one (1) year of the date this Conditional Use Permit is executed and signed by the permittee. 13. Should this church use cease operation for more than one year, a new Conditional Use Permit shall be required for the same or similar operations. 14. This Conditional Use Permit is contingent upon the applicant obtaining variances from the City Council for on -site grass parking, building setbacks, and landscape buffer setbacks. 2 CITY OF CLERMONT RESOLUTION NO. 2011-08 Section 2 — Land Use 1. The property is to be used as a church facility, or other permitted uses in the R -3 zoning district by which further requirements may be required. 2. Maximum Church occupancy shall be limited to 28 people based on the available seven on -site parking spaces. If adjacent property is acquired and parking spaces are subsequently approved, occupancy may increase based on the Land Development Code requirements. Additional grass parking must obtain a variance. All handicap parking must be paved with access. 3. In the event that parking at this site proves inadequate, the City reserves the right to open the Conditional Use Permit for further review and additional conditions which may include additional parking requirements or revocation of the Conditional Use Permit. Section 3 - Transportation Improvements: 1. The permittee shall construct a five (5) foot wide sidewalk along Montrose Street the length of the subject property prior to any Certificate of Occupancy, in accordance with City codes. 2. A driveway apron is required for the access to the site, and shall be constructed per City Code. 3 CITY OF CLERMONT RESOLUTION NO. 2011-08 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 24th day of May, 2011. CITY OF CLERMONT Harold S. Turville, Jr., Mayor ATTEST: IL a ;0 Tracy Ackr. , d, City Clerk ' 4