Resolution No. 2019-02R d✓
c� NT CITY OF CLERMONT
C,��� RESOLUTION NO. 2019-02R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR AN INDOOR
RECREATIONAL FACILITY OCCUPYING MORE THAN 20,000
SQUARE FEET OF FLOOR SPACE 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 on January 3, 2019 recommended approval of this Conditional
Use Permit to allow for an indoor recreational facility occupying more than 20,000 square feet of
floor space in the C-2 General Commercial zoning district; at the following location:
LOCATION:
Vacant property on the south side of Highway 50,
West of County Road 455
(Alternate Key 3911321)
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 indoor recreational facility
occupying more than 20,000 square feet of floor space 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 expansion of the use or additions to the facility shall be permitted except as approved
by another Conditional Use Permit.
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 structure shall be inspected by the Fire Inspector for life safety requirements and all
requirements must be met prior to any Certificate of Occupancy being issued.
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CI� NT CITY OF CLERMONT
��a.� RESOLUTION NO. 2019-02R
5. The structure shall be inspected by the Building Inspector and all building code violations
must be corrected prior to a Certificate of Occupancy being issued.
6. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met and all impact fees have been paid per City standards.
7. 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.
8. The Conditional Use Permit must be executed and filed in 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.
9. 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.
10. 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.
11. The property shall be developed in substantial accordance with the Conceptual Site Plan
(Exhibit A), prepared by McCoy & Associates, dated November, 2018. Any new
development on the subject property must be submitted for site plan 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.
12. This permit shall become null and void if substantial construction work has not begun
within two (2) years of the date of 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.
SECTION 2. Land Use
1. The Conditional Use permit is to allow for a 38,850 square feet indoor recreational
facility in the C-2 General Commercial zoning district.
2. The site may also be used for any permitted use in the C-2 General Commercial zoning
district.
3. The site shall be developed according to the City of Clermont Land Development Codes
and all building must meet the City of Clermont Architectural Standards.
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CITY OF CLERMONT
� RESOLUTION NO. 2019-02R
4. Any fencing shall be ornamental metal or decorative PVC/vinyl.
5. No outside storage will be allowed.
6. Interior lighting on the site shall be directed downward into the site and shall not spill
over onto adjacent properties.
7. No outside speaker systems will be allowed.
8. All landscaping, drainage/water retention and site plan approved conditions must be
maintained in perpetuity for the site.
9. A minimum five-foot wide sidewalk shall be constructed along each street right-of-ways
adjacent to parcel that meet Americans with Disabilities Act requirements and provide
pedestrian access. Sidewalk construction shall be coordinated with Lake County Public
Works for any Lake County designated streets.
10. Building elevations for all sides shall comply with City of Clermont Architectural Design
Standards.
11. 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.
12. 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.
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CLERNT CITY OF CLERMONT
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Exhibit A—Conceptual Plan
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CLERMONT CITY OF CLERMONT
RESOLUTION NO. 2019-02R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 8th day of January, 2019.
CITY OF CLERMONT
Gail L. Ash,Mayor
ATTEST:
0
Tracy Ackroyd Howe, City Clerk
Approved as to form and legality:
to
Daniel F. Mantzaris, City Attorney