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R-2017-50 CITY OF CLERMONT RESOLUTION NO. 2017-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A • CONDITIONAL USE PERMIT TO ALLOW FOR A SKILLED NURSING FACILITY UP TO 73,000 SQUARE FEET IN THE C-2 COMMERCIAL ZONING DISTRICT. WHEREAS,the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held October 3, 2017 recommended approval of this Conditional Use Permit to allow for a skilled nursing facility, at the following location: LOCATION: • Southwest corner of Citrus Tower Blvd. and Hooks Street. Alt Key: 3829168, 1017637, 3884750 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 a skilled nursing facility in the Commercial Zoning 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 a skilled nursing facility in the C=2 - Commercial zoning district; be granted subject to the following 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. The property shall be developed in substantial accordance with the conceptual site plan dated September 2017 prepared by Kimley Horn. 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. 1 CITY OF CLERMONT RESOLUTION NO. 2017-50 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. 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 Councilor 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 that 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. 7. 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. 8. 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. 9. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 10. 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 Development Services Department. 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. This Conditional Use Permit (CUP) is for a skilled nursing facility up to 73,000 square feet. 2 CITY OF CLERMONT RESOLUTION NO. 2017-50 2. The City's Site Review Committee must approve the site plan prior to the construction plan approval. 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. 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 4—Transportation Improvements 1. The City may require that transportation improvements,necessitated by the portion of the project for which a building permit is sought, be made at the time of construction. Project specific on and off-site transportation designs are the sole responsibility of the developer. 2. A traffic study in accordance with City Codes shall be required to address Level of Service (LOS) for the area. The applicant/owner must coordinate with Lake County and the Lake—Sumter Metropolitan Planning Organization (MPO) for compliance with the Transportation Management System (TMS). 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 6-Landscaping 1. The Landscape design for all parking areas, buffers, rights-of-way, pedestrian ways and focal points shall be unified and complementary to the ambiance of the center: 3 CITY OF CLERMONT RESOLUTION NO. 2017-50 2. All landscape plans and plantings shall meet or exceed the City of Clermont Code. 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. All fencing within public view shall be ornamental metal or brick,as approved by the Site Review Committee. • 4 CITY OF CLERMONT RESOLUTION NO. 2017-50 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 28th day of November, 2017. CITY OF CLERMONT if h I` try lnl / • Gail L. Ash, Mayor , /ATTEST/ Tracy Ackroyd Howe, City Clerk Approved as to form and legality: Dame F. Mantzaris, City Attorney