R-2014-19 CITY OF CLERMONT
RESOLUTION NO. 2014-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A HOUSE OF
WORSHIP IN 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 August 5, 2014 recommended approval of this Conditional
Use Permit to allow for a house of worship in the C-2 General Commercial zoning district; at the
following location:
LOCATION:
2400 South Highway 27, Unit 4209
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 allow for a house of worship in the 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 further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
3. For the remaining pads E, F, G & H, all 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 appropriate
jurisdictional entities.
1
CITY OF CLERMONT
RESOLUTION NO. 2014-19
5 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 or require further
conditions as deemed appropriate.
6. 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.
7. 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.
8. For the remaining pads E, F, G & H, the final Certificate of Occupancy shall not be
issued for each building/pad until each of the stated conditions have 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.
9. 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 Clermont Planning&Zoning Department.
10. Should all approved uses cease operation for more than one year, a new Conditional Use
Permit shall be required for the same or similar operations.
11. 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.
12. 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.
13. For the remaining pads E, F, G &H, all backflows must be brought up to code when each
individual building is completed in conjunction with the Certificate of Occupancy.
14. All grease traps must be pumped at a minimum of once per quarter, unless otherwise
approved by the Director of Utilities. The City reserves the right to open the Conditional
Use Permit for further review and additional conditions if violation of this CUP condition
occurs, which may include revocation of the Conditional Use Permit and Code
Enforcement actions.
2
CITY OF CLERMONT
RESOLUTION NO.2014-19
15. All other conditions as previously approved in Resolution No. 1472 (Exhibit A) shall
remain in effect where applicable, with the exception of Parcel C, which will be removed
from the Conditional Use Permit along with the residential use originally allowed.
16. Parcel C from the original Conditional Use Permit (Res. No. 1472) shall be provided
access as provided by State, County and City requirements.
17. Student drop-off and pick-up locations and access to and from the site, if determined to
be unsafe or inadequate due to: backed up conditions into public right-of-way;
interference with neighboring businesses or property; pedestrian access or accidents;
police/fire response interference; or other public safety or general welfare conditions; the
City reserves the right to open the Conditional Use Permit for further review and
additional conditions which may include additional requirements, revocation of those
uses listed in Section 2 Land Use#2 below, or revocation of the Conditional Use Permit.
Section 2—Land Use
1. The property is approved for the following uses within the C-2 General Commercial
zoning District: retail, professional & medical offices, personal service, lounge, church,
children's daycare, financial institution, restaurant uses and residential uses on pads E, F,
G &H. All uses must adhere to the requirements of the Land Development Code.
2. Other uses may include pre-school, day care, nursery schools, churches and related
activities as approved by the Site Review Committee.
3. Should a business that sells alcoholic beverages for onsite consumption wish to locate
within 500 feet of those uses listed in Section 2 Land Use #2, those uses would not
contest a variance application to allow said business within 500 feet of those uses.
Section 3—Landscaping
1. At the original site development 1,407 tree inches were deficient from the overall site
which included Parcel B - buildings A, B, C and D. The costs for the deficient
inches/trees are to be paid into the City's tree fund. 1,407 inches equals a minimum of
469 trees at the Code required three inch (3") caliper(and further, the Land Development
Code requires 12' ht, 6' spread, 65 gallon containers, Florida grade#1).
To date 600 inches (200 trees) have been paid for (based on replacement tree costs as
agreed on with the City). Prior to permitting of any of the remaining proposed buildings
E, F, G or H, or any further building development on the site, the remaining inches/tress
must be paid for in full to the City. Tree costs and a payment timeline for the remaining
807 inches (269 trees) shall be negotiated with the City Manager's office.
3
CITY OF CLERMONT
RESOLUTION NO. 2014-19
In the event the City Manager is unsuccessful in negotiating an acceptable payment plan
within a reasonable time frame, the CUP shall be brought back to the Council for
amendment or ratification.
2. All further landscaping shall adhere to the current Land Development Code.
Section 4- Architectural Design Standards
1. All structures shall be designed and constructed in accordance with the Architectural
Standards of the City of Clermont.
2. All fencing within public view shall be ornamental metal or brick, as approved by the
Site Review Committee.
4
CITY OF CLERMONT
RESOLUTION NO. 2014-19
DONE AND RESOLVED by the City Council of the City of Clermont, Lake
County, Florida, this 26th day of August, 2014.
CITY OF CLERMONT
0---' ' , 4,
41 __11.1.1k / -_ -.44F
r;f , , . Harold S.Turvil e, Jr., Ma•r
t` ;ATTEST:,
i 7 +r /
Tracy Ackroyd, City Clerk
Approved as to form and legality:
a
D 7441171.1.-" zans,1 y ' -orney