R-2012- 05 CITY OF CLERMONT
RESOLUTION NO. 2012-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE REPAIR
GARAGE AND SHOPPING CENTER WITH FIVE OR MORE USERS
WITHIN THE C -2 GENERAL COMMERCIAL ZONING DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held January 3, 2012 recommended for approval of this Conditional
Use Permit to allow an automobile repair garage and shopping center with five or more users
within the C -2 General Commercial Zoning District; at the following location:
LOCATION:
South of State Road 50 and northeast of Emerald Lakes Mobile Home Park
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 an automobile repair garage and shopping
center with five or more users 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 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.
3. No business can occupy any portion of a building unless the proposed business has applied
for and obtained a Local Business Tax Receipt from the Planning & Zoning Department.
4. The Conditional Use Permit must be executed and processed through 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.
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CITY OF CLERMONT
RESOLUTION NO. 2012-05
5. 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.
6. This permit shall become null and void if substantial construction work has not begun
within two (2) years of the date the Conditional Use Permit is executed and signed by the
appropriate parties. Substantial construction work means the commencement and
continuous construction of required improvements ultimately finalized at completion.
7. The applicant shall be required to submit a formal site plan for review and approval by the
City staff. The project shall be designed in substantial accordance with the site plan at the
preliminary site review meetings and public hearings with the exception of modifications
necessary to comply with final Conditional Use Permit conditions.
8. 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.
9. 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.
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.
Section 2 — Land Use
Permitted uses shall include an automobile repair garage and multi tenant commercial building
for permitted uses within the C -2 General Commercial Zoning District.
1. All repairs or service; other than minor repairs such as wiper blades or headlight/taillight
bulbs, or similar minor items, must be done within an enclosed building.
2. Display sales of any vehicle(s) shall not be allowed.
3. No outside storage of any vehicles shall be allowed on site, except for vehicles awaiting
immediate repair.
4. No parking, storage of vehicles or equipment, or other uses of any kind are allowed on any
adjacent right -of -way.
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CITY OF CLERMONT
RESOLUTION NO. 2012-05
5. In the event that the noise levels create a nuisance to the surrounding property owners, the
City reserves the right to open the Conditional Use Permit for further review and additional
conditions. Recumng 'documented complaints related to noise or other disturbances
emanating from the operation shall be considered prima facie evidence of a violation of this
provision. The owner shall be given written notice of such violations and shall have seven
(7) days after receipt of such notice within which to demonstrate that adequate measures
have been taken to alleviate the source of the disturbance which gave rise to the recurring
complaints. If, in the opinion of the Planning and Zoning Director, the disturbances have
not been corrected, the owner will be scheduled for the next available City Council meeting
to determine the appropriate action necessary to alleviate the disturbance, including any
additional restrictions on the operation of the business deemed necessary to alleviate the
complaints.
6. Automotive and truck repair service would be limited strictly to cars, SUVs, vans,
recreational vehicles, dump trucks, agricultural or construction implements such as; but not
limited to, tractors and front end loaders, semi tractors without trailers attached, and small
light utility trucks. No semi - trailer, or heavy equipment such as bulldozers, repairs, parking
or storage, shall be permitted.
Section 3 — Landscaping:
Prior to the first Certificate of Occupancy for any phase, the developer shall:
1. Plant the entire perimeter buffer areas in accordance with the Land Development Code.
2. Stabilize and sod the remaining lots and/or phases as approved by the City Engineer.
3. All landscaping shall comply with the Land Development Code.
Section 4 - Transportation Improvements:
The developer shall provide the following transportation improvements:
1. Access to any adjoining street shall be approved by the applicable state and local agencies
and meet all codes as required.
2. A Transportation Impact Study shall be required to address the level of service for the area,
including any connection to State ( Road 50 as needed per Code or policy. Review shall be by
the Lake- Sumter Metropolitan Planning Organization.
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CITY OF CLERMONT
RESOLUTION NO. 2012-05
Section 5 - Architectural Design:
All structures shall be designed and constructed in accordance with the Architectural Standards
of the City of Clermont. In addition, the following shall be required:
1. All fencing within public view shall be ornamental metal or brick, as approved by the
City's Site Review Committee. Chain link fencing shall be prohibited.
2. Direct exposed view neon tubing and scrolling text message boards are prohibited. Neon
tubing shall not be utilized for building trim or accent areas.
3. All other signage shall comply with applicable codes.
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CITY OF CLERMONT
RESOLUTION NO. 2012-05
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 24th day of January, 2012.
CITY OF CLERMONT
, _cok.A-6,4_,___..-
arold S. Turville, Jr., Mayor
ATTEST:
i = i A /A
Tracy Ac 4 oyd, City Cl
Approved as to form and legality:
' `
DAT 11 1 's City Attorney