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R-2016-29 CITY OF CLERMONT RESOLUTION NO. 2016-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AN EXPANSION TO AN EXISTING AUTOMOTIVE DEALERSHIP IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Flonda at a meeting held August 2, 2016 recommended approval of this Conditional Use Permit to allow for an automotive dealership, at the following location: LOCATION: Napleton 15859 State Road 50 AK 3329198, 2585021, & 2585013 WHEREAS, the granting of this Conditional Use Permit will not adversely affect the officially adopted Comprehensive Plan of the City; such use will not be detrimental to the health,, safety, or general welfare of persons residing or working in the vicinity; the proposed use will comply with the regulations and conditions specified in the codes for such use; and the proposed use may be considered desirable at the particular location; WHEREAS, the project, Napleton/Clermont Motors LLC, was an existing automotive dealership developed in Lake County and is served by the City of Clermont with water and sewer services; WHEREAS, the owner requested annexation, rezoning and a comprehensive plan amendment with the City of Clermont in Apnl, 2016 and received Council approval; WHEREAS, the project was rezoned to C-2 General Commercial with the understanding that any future changes, additions, or expansions would necessitate a Conditional Use Permit; WHEREAS, the applicant has applied for a Conditional Use Permit to seek an expansion to the project and building areas; 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 expansion to an existing automotive dealership in the C-2 General Commercial zoning district; be granted subject to the following conditions: 1 CITY OF CLERMONT RESOLUTION NO. 2016-29 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. 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. 4. 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. 5. The structure shall be inspected by the Fire Marshal for life safety requirements. All requirements must be met prior to any Certificate of Occupancy being issued. 6. 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. 7. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 8. Prior to the issuance of any permits, the applicant shall be required to submit Formal Site Plans for review and approval by the City of Clermont Site Review Committee. The site plans shall show location of all proposed buildings, structures, picnic areas, and outdoor recreation areas as indicated in the Conditional Use Permit application. The site plans shall meet all submittal requirements and comply with the conditions of this Resolution, applicable City Codes, Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as amended. 9. 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. 2 CITY OF CLERMONT RESOLUTION NO. 2016-29 10. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. Section 2 - Land Uses and Specific Conditions: 1. This permit is for an automotive dealership not to exceed 48,956 square feet. 2. The property shall be developed in substantial accordance with the Site Plan prepared by Germana Engineering and Associates, LLC, dated 07-01-16 Preliminary-Concept Plan. 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. 3. The site may also be used for any permitted use in the C-2 General Commercial zoning district. 3 CITY OF CLERMONT RESOLUTION NO. 2016-29 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 23rd day of August, 2016. CITY OF CLERMONT l aCM'" SfiP Y` q r� r �� '•i 4aett& all L. Ash, Mayor ,ATTEST �fAP nnn,.n sA.: - �� Tracy Ackroyd Howe, City Clerk Approved .. o form and legality: a' ar Daui7 T n zaris, rty Attorney