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R-2018-22R CITY OF CLERMONT c� RESOLUTION NO. 2018-22R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND (RESOLUTION NO. 2016-03) TO ALLOW A SIX-FOOT-HIGH FENCE INSTEAD OF LANDSCAPING AS REQUIRED BY THE STATED CONDITIONS OF RESOLUTION AS GRANTED IN THE R-3 RESIDENTIAL/PROFESSIONAL ZONING DISTRICT. WHEREAS,the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held August 7, 2018 recommended denial of this Conditional Use Permit to amend (Resolution No. 2016-03)to allow a six-foot-high fence instead of landscaping as required along the south eastern property line where children for a school facility in the R-3 Residential/Professional zoning district at the following location: LOCATION: 983 West Desoto Street (Alternate Key 1758670) 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 amend (Resolution No. 2016-03)to allow a six (6) foot high fence instead of required landscaping along the south eastern property line of subject property in the R-3 Residential/Professional 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. 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. 1 CITY OF CLERMONT cc CHER RESOLUTION NO. 2018-22R Grace d Chr.pve 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. 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 6. 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. 7. 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. 8. 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 Development Services Department. 9. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date 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. 10. A slab survey shall be submitted after the form boards have been installed and before the concrete has been poured. This is to ensure the setbacks and location of the building will conform to the Land Development Regulations. 11. The student population shall be a maximum of 65 students, as well as four staff members (or as required by Florida State staffing requirements). A student roster shall be provided to the City for inspection when requested for compliance to this condition. 12. All impact fees must be paid per City standards prior to issuing any Certificate of Occupancy. 13. Should this use cease operation for more than 180 days, a new Conditional Use Permit shall be required for a same or similar operation. 14. 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. 2 CLERMONTCITY OF CLERMONT Cl.cr of Chaercecns RESOLUTION NO. 2018-22R SECTION 2. Land Use 1. The property is approved for use as a children's school facility as well as any permitted uses in the R-3 zoning district. 2. All conditions within Resolution No. 2016-03 and Resolution No. 1199 shall remain in effect unless otherwise noted by this conditional use permit or updated with an approved site plan. 3. All landscaping, drainage/water retention and site plan approved conditions must be maintained in perpetuity for the site. 4. The applicant shall install "NO RIGHT TURN" signs exiting the parcel along the north driveways. 5. A six (6) foot high decorative fence that will provide an opaque screen shall be installed along the south eastern property line where children play outside. SECTION 3. Transportation Improvements 1. Sidewalks shall be required along all public road frontages in accordance with City codes. SECTION 4. Architectural Design Standards 1. All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. 3 6-4\ CITY OF CLERMONT / am RESOLUTION NO. 2018-22R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 28th day of August, 2018. / CITY OF CLERMONT ��/• Gail L. Ash, Mayor ATTEST: Tracy Ackroy. owe, City Clerk Approved arm and legality: WA. alear Daniel F. Mantzaris Attorney