R-2017-14 CITY OF CLERMONT
RESOLUTION NO. 2017-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR AN AUTOMOTIVE
SERVICE CENTER IN THE CENTRAL BUSINESS DISTRICT.
WHEREAS,the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held April 4, 2017 recommended approval of this Conditional Use Permit to
allow for an automotive service center in the Central Business District, at the following location:
LOCATION:
898 West Montrose Street
AK 1615062 & 2512971
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 applicant has applied for a Conditional Use Permit to allow for an
automotive service center in the Central Business District.
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 for an automotive service center in the
Central Business District; be granted subject to the following conditions:
Section 1-General Conditions
1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with
the land and the terms, conditions, and provisions hereof, and shall be binding upon the
present owner and any successor in title or interest, and shall be subject to each and every
condition herein set out.
2. Upon approval of the resolution the aforementioned property shall only be used for the
purposes described herein. No further expansion of the use or additions to this project shall
be permitted except as approved by another Conditional Use Permit. Any other proposed
use shall be specifically authorized by amendment and approval of the City of Clermont
City Council.
1
CITY OF CLERMONT
RESOLUTION NO. 2017-14
3. 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.
4. 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 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.
5. 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 Development Services
Department.
6. 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.
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. 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.
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. 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.
11. This permit shall become null and void if substantial work has not begun within two (2)
years of the date of issuance of this Conditional Use Permit.
12. No outdoor storage located in front of the building. Any storage of vehicles must be behind
the privacy fence.
13. Should the existing fencing on the adjoining properties be removed/damaged the applicant
shall be responsible for erecting a new privacy fence on the applicant's property.
2
CITY OF CLERMONT
RESOLUTION NO. 2017-14
Section 2—Land Use
1. This automotive and light truck repair service would be limited strictly to cars, SUVs,vans,
recreational vehicles, and small utility(light) trucks. No semi-trailer, or heavy equipment
(e.g. bulldozers), repairs, parking or storage, shall be permitted.
2. 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 Development Services 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.
3. If any of the stated conditions are violated, the applicant understands and agrees that the
City Council may revisit and/or revoke the Conditional Use Permit by Resolution.
4. Any and all signage, appendage, attachments, displays, depictions or the like, attached to
the building or placed on the premises,shall be in accordance with City of Clermont Codes.
5. All repairs must be done within an enclosed building, or within the enclosed fence or wall
area of the site.
6. Display sales of any vehicle(s) shall not be allowed.
7. No outside storage of any vehicles shall be allowed on site, except for vehicles awaiting
immediate repair and located in designated parking areas.
8. No parking, storage of vehicles or equipment, or other uses of any kind are allowed on any
adjacent right-of-way.
9. A six-foot privacy fence and associated opaque gates shall be provided per the site plan
drawn by Germana Engineering. Said fencing shall be generally described as being along
the eastern side of the site; portions of the northern rear of the site; the Montrose St.
entrance driveway area; and the western exit drive area on West Ave.
10. No overnight parking of vehicles outside of the fenced area.
3
CITY OF CLERMONT
RESOLUTION NO. 2017-14
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 1 `h day of April, 2017.
i4naaona,,
4 ' P;n hMy CITY OF CLERMONT
• J
•
N
' •� f,' `' '� Gail L. Ash, Mayor
ATTEST: ,f
Denise Noak, Acting City Clerk
Approved a • , egality:
Dani' "171.7a. _ -