R-2013-02 CITY OF CLERMONT
RESOLUTION NO. 2013-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE REPAIR
CENTER WITHIN A 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, 2013 recommended for approval of this Conditional
Use Permit to allow an automobile repair center within a C-2 General Commercial Zoning
District; at the following location:
LOCATION: .
Hancock Commons Development on
Highway 50 (East portion of Lot 3)
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 center within a C-2
General 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 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.
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CITY OF CLERMONT
RESOLUTION NO. 2013-02
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.
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. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
11. 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. The property is approved for an automobile & tire repair center as well as permitted uses
within the C-2 General Commercial Zoning District.
2. The property shall be developed in substantial accordance with the conceptual site plan
dated October 31, 2012 prepared by Howard Civil Engineering. Formal construction
plans, incorporating all conditions stated in this permit shall be submitted for review and
approval by the Site Review Committee prior to the issuance of a zoning clearance of
other development permits. The conceptual site plans submitted with the Conditional Use
Permit application are not the approved construction plans.
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RESOLUTION NO. 2013-02
3. 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.
4. Display sales of any vehicle(s) shall not be allowed.
5. No outside storage of any vehicles shall be allowed on site, except for vehicles awaiting
immediate repair.
6. No parking, storage of vehicles or equipment, or other uses of any kind are allowed on
any adjacent right-of-way.
7. 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 revocation of the Conditional Use Permit.
8. 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. Recurring documented complainants 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.
9. 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—Site Development
1. Detailed grading, erosion control, and dust abatement plans for the entire site shall be
submitted to and approved by the Site Review Committee prior to construction plan
approval and the initiation of development activity. The dust abatement plan shall detail
measures to be taken to eliminate the migration of dust particles from the site.
2. All excavated material shall be stored in a location approved by the City Engineer.
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CITY OF CLERMONT
RESOLUTION NO. 2013-02
3. Geo-technical information regarding the soil characteristics of the site shall be submitted
to the City as part of the final site review process.
4. The permittee/developers shall provide both temporary and permanent grassing including
fertilizer application on all disturbed areas where construction is not immediately
intended. Said plan shall be provided in accordance with an approved ground cover plan
acceptable to the City in accordance with Best Management Practices (BMP) of the
United States Department of Agriculture Soil Conservation Service.
Section 5—Utilities and Stormwater
1. The permittee shall be responsible for purchasing, installing, and maintaining fire
hydrants within the project. They shall be installed according to City Code.
2. The project shall be plumbed for reuse water with purple piping, Until such time as reuse
water is available, irrigation water shall be provided for by well.
Section 7- Architectural Design Standards
1. All structures shall be designed and constructed in accordance with the Architectural
Standards of the City of Clermont.
2. Direct exposed view neon tubing or similar type tubing shall not be utilized for building
trim or accent areas.
3. All fencing within public view shall be ornamental metal or brick, as approved by the
Site Review Committee.
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CITY OF CLERMONT
RESOLUTION NO. 2013-02
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 22nd day of January, 2013.
CITY OF CLERMONT
4 !" . S. Turville, Jr., Mayor
ATTEST:
`racy Ackre d, City Clerk
Approved as to form and legality:
r. Mantz.-�° 'Attorne