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R-2012-31 I E , CITY OF CLERMONT RESOLUTION NO. 2012-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ADULT DAY CARE FACILITY IN THE M-1 INDUSTRIAL ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held September 4, 2012 recommended for approval of this Conditional Use Permit to allow an adult day care facility in the M-1 Industrial Zoning Distnct; at the following location: LOCATION: 246/248 Mohawk Road 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 adult day care facility in the M-1 Industrial 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. 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 the building unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning & Zoning Department. 4. 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. 1 CITY OF CLERMONT RESOLUTION NO. 2012-31 5. 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. 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 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. 7. This permit shall become null and void if the Adult Day Care has not begun operations with a Certificate of Occupancy within two (2) years of the date the Conditional Use Permit is executed and signed by the appropriate parties. 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. Residential uses shall not be permitted. • Section 2—Land Use 1. Permitted uses shall include an adult day care facility. Other permitted uses in the M-1 Industrial zoning district are also permitted. 2 CITY OF CLERMONT RESOLUTION NO. 2012-31 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 25th day of September, 2012. CITY OF CLERMONT %.� � is arol s S. urvi e, Jr., %fir ATTEST: Tracy Ackroy , City Clerk ' Approved as to form and legality: Dam-