R-2012 -01 .
CITY OF CLERMONT
RESOLUTION NO. 2012-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO THE CONDITIONAL USE PERMIT TO INCLUDE
DEFINITIONS AND CLARIFY USES FOR THE GUN RANGE
WITHIN THE C -2 GENERAL COMMERCIAL ZONING DI'STRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held December 6, 2011 recommended for approval of this
amendment to the Conditional Use Permit to include definitions and clarify uses for the gun
range within the C -2 General Commercial Zoning District; at the following location:
LOCATION:
West of Highway 27, south of Twisty Treat and north of Desoto 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 an amendment to the Conditional Use Permit to include definitions and
clarify uses for the gun range within the C -2 General Commercial Zoning District, 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 further 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 final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
5. 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.
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CITY OF CLERMONT
RESOLUTION NO. 2012-01
6. 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.
7. This Conditional Use Permit shall be recorded by the City into the Public Records.
8. 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.
9. No business can occupy any portion of the building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Planning and Zoning
Department.
10. 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.
11. The owner shall be responsible for all applicable fees including but not limited to impact
fees, connection fees and permitting fees.
12. A slab survey shall be submitted after the form boards have been installed and before the
concrete has been poured. This is to ensure the setbacks and location of the building will
conform to the Land Development Regulations.
13. 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.
14. The structure shall be inspected by the City Building Inspector and all building code
violations must be corrected prior to Certificate of Occupancy being issued.
Section 2 — Land Use
1. The property is approved for C -2 General Commercial Zoning District permitted uses and
may include a - gun range as provided by the Conditional Use Permit conditions.
2. In the event that the noise levels create a nuisance to the surrounding property owners,
the City reserves the right to require additional sound attenuated measures be in installed.
Any range noise must be inaudible from the adjacent properties.
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CITY OF CLERMONT
RESOLUTION NO. 2012-01
3. The property shall be developed in substantial accordance with the conceptual
Conditional Use Plan site plan dated June, 1, 2009 as prepared by Denham Summitt
Engineering, LLC. Formal 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
Conditional Use Permit site plans submitted with the Conditional Use Permit application
are not the approved construction plans.
4. Should this use cease operation for more than 180 days, a new Conditional Use Permit
shall be required for the same or similar operation. _
5. In the event that the gun range ceases operation, the range portion may only be used as
storage /warehouse space for a permitted business unless a parking variance is applied for
and granted. This is due to the actual range area not being calculated for parking.
6. Definitions for the type of firearms and uses at the gun range:
a. Autoloader shall be defined as: Any firearm that loads another bullet or cartndge
from a magazine without the need to operate a bolt or other loading mechanism.
b. Semi - automatic firearm shall be defined as: Any autoloader firearm that fires
only one shot at each pull of the trigger. Single fire and Semi - automatic weapons
may be discharged - on the gun range.
c. Fully automatic firearm shall be defined as: Any autoloader firearm that fires
continual (two or more) shots when the tngger is pulled once. No fully- automatic
weapons shall -be discharged, sold or housed at this facility at anytime.
Section 3 - Transportation Improvements
1. Desoto Street shall be constructed by the applicant in accordance with City codes to
connect to the existing street and U.S. Highway 27 prior to issuance of the Certificate of
Occupancy.
2. Sidewalks shall be required along all public road frontages in accordance with Florida
Department of Transportation regulations and City Code.
3. A traffic study shall be required to address any connection to U.S. Highway 27 as needed
per Code or policy. Flonda _Department of Transportation and City of Clermont shall
determine if any deceleration turning lane off U.S. Highway 27 would be required for
access to DeSoto Street. Installation shall be at the developer's cost.
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CITY OF CLERMONT
RESOLUTION NO. 2012-01
Section 4 - Architectural Design Standards
All structures shall be designed and constructed in accordance with the Architectural Standards
of the City of Clermont. In addition, the following shall be allowed:
1. All fencing within public view shall be ornamental metal or bnck, as approved by the
City's Site Review Committee.
2. A security plan for the building must be submitted to the City for approval by the Police
Department and staff, and may include items such as; but not limited to, security lighting
or cameras.
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CITY OF CLERMONT
RESOLUTION NO. 2012-01
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 10th day of January, 2012.
CITY OF CLERMONT
arol • S. Tur`ville, Jr., Mayor
ATTEST:
j a6.6(8
Tracy Ackroyd, City Clerk
Approved as to form and legality:
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