R-2012- 21 CITY OF CLERMONT
RESOLUTION NO. 2012-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT IN THE
CBD CENTRAL BUSINESS DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held July 3, 2012 recommended for approval of this Conditional
Use Permit to allow a restaurant in the CBD Central Business District; at the following location:
LOCATION:
848 West 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 allow a restaurant 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 further expansion of the use or additions to the facility shall be permitted except as
approved by the Site Review Committee. An amendment to the Conditional Use Permit
may be required.
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 Code and those of other appropriate jurisdictional entities.
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CITY OF CLERMONT
RESOLUTION NO. 2012-21
4. 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.
5. The Conditional Use Permit must be executed and processed through the office of the City
Clerk within 90 days of its date of approval by the City Council or the permit shall become
null and void.
6. 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 in the
form set forth in Exhibit "A" 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.
7. 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.
8. The restaurant use shall be required to install and maintain any required grease trap for
food services in accordance with the Clermont Code of Ordinances and other local or state
regulations. Installation and size are to be determined by the Utility Director.
9. 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
(Exhibit "A") presented at the preliminary site review meetings and public hearings with
the exception of modifications necessary to comply with final Conditional Use Permit
conditions and State, County or City Codes.
10. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met. If any of the stated conditions are violated, the applicant understands and
agrees that the City Council may open the Conditional Use Permit for further conditions or
revoke this Conditional Use Permit by resolution.
11. Should the restaurant use cease operations for a period greater than one year, a new
Conditional Use Permit shall be required.
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CITY OF CLERMONT
RESOLUTION NO. 2012-21
12. In the event that the noise levels create a nuisance to the surrounding property owners, the
City reserves the nght to open the Conditional Use Permit for further review and additional
conditions. Recurring documented complainants related to noise or other disturbances
emanating from the operation shall be considered pnma 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 nse 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.
13. No outdoor music shall be allowed past 11:00 P.M. on Friday or Saturdays, and 10:00 P.M.
Sunday thru Thursday.
14. The structure shall be inspected by the Fire Marshall for life safety requirements. All
requirements must be net pnor to any Certificate of Occupancy being issued.
15. 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.
16. 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
1. Permitted uses shall include a restaurant at 848 West Osceola St., as well as uses permitted
with the CBD Central Business Distnct. Additional uses, events and activities permitted in
direct association with the restaurant operation may include the following:
a) Weddings,holiday parties, special event venues.
b) Live music(on the restaurant deck and outdoor area)
c) Public movie night and poetry night.
d) Contests — talent show, hot dog eating, competition hosting for Miss Clermont and Lake
County, dancing, singing, music, karate, high school cheer/dance, sand castle, doggie
dress-up parades, and similar functions.
e) Children playground area, beach volleyball, horseshoe, corn hole and similar activities.
f) Bicycle and water sport rental area, ice/vending machines and bait sales.
2. No outdoor storage or display shall be permitted without obtaining City approvals (see
variance) in accordance with the Land Development Code.
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CITY OF CLERMONT
RESOLUTION NO. 2012-21
3. Once construction has commenced, the existing 4,040 square foot building shall only be
permitted for storage and a 150 square foot office space, directly associated with the
restaurant use. Any warehouse rental operations or similar use shall not be permitted. No
other uses shall be permitted without a Conditional Use Permit amendment.
Section 3 - Architectural Design and signage:
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 bnck, 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 tnm or accent areas.
3. No signage shall be permitted on the existing 4,040 square foot building.
4. All other signage shall comply with applicable codes.
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CITY OF CLERMONT
RESOLUTION NO. 2012-21
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 24th day of July, 2012.
CITY OF CLERMONT
!' 7
a old S. Turville, Jr., • ayor
ATTEST:
Tracy Ac A' d, ity Clerk if
Approved as to form and legality:
Daniel F. Mantzaris, City Attorney