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R-2012-37 9 CITY OF CLERMONT RESOLUTION NO. 2012-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A SCHOOL FACILITY IN THE C-1 LIGHT COMMERCIAL ZONING DISTRICT. WHEREAS, tht Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held October 2, 2012 recommended for approval of this Conditional Use Permit to allow a school facility in the C-1 Light Commercial zoning distnct; at the following location: LOCATION: 161 West Highway 50 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 school facility in the C-1 Light Commercial 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 further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. 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 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 appropnate jurisdictional entities. 1 I F f CITY OF CLERMONT RESOLUTION NO. 2012-37 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 6. 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. 7. 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. 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. 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"y 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. No business can occupy any portion of the building(s) after construction and final Certificate of Occupancy, unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning and Zoning Department. 11. 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. 12. The student population shall be a maximum of 40 students, A student roster shall be provided to the City for inspection when requested for compliance to this condition. 13. All impact fees must be paid per City standards prior any Certificate of Occupancy. 14. Should this use cease operation for more than 180 days, a new Conditional Use Permit shall be required for a same or similar operation. 15. 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. 2 CITY OF CLIRMONT RESOLUTION NO. 2012-37 Section 2—Land Use 1. The property is approved for use as a children's school facility as well as uses permitted with the C-1 zoning district. 3 CITY OF CLERMONT RESOLUTION NO. 2012-37 Exhibit A 1 '-'7.1'-' ::,., ,,„ / ' l',,,:_._ , . - . , , .1,. ist, ,,,, -1,,,,.,_,,,:-.,:::,,i,,,',.:•,, .-'„Iftt. ,:,,c,,,-,,,,, , , , 1 iF'' - z,- 411,p0f M 6 lW (� n a? I i 11 Q f4y•f! 414* a a!y!y!y a a: CITY OF CLERMONT RESOLUTION NO. 2012-37 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 27th day of November, 2012. CITY OF CLERMONT old S. urville, Jr., Mayor ATTEST: Tracy Ackroy,City Clerk df Approved as to form and legality: 4 1 ■