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Resolution No. 2019-11R CLERWONT CITY OF CLERMONT RESOLUTION NO.2019-11R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PRIVATE SCHOOL IN THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT. WHEREAS,the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held April 2, 2019 recommended approval of this Conditional Use Permit to allow for a private school in the(PUD)Planned Unit Development zoning district at the following location: LOCATION: Vacant parcel behind the Belk's Plaza, north of Citrus Tower Boulevard and south of East Division Street (Alternate Key 3838179) 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 a private school in the Planned Unit Development which allows C-2 General Commercial permitted uses, 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. 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. 1 dY C� CITY OF CLERMONT .aa. RESOLUTION NO. 2019-11 R 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. All impact fees must be paid per City standards prior to issuing any Certificate of Occupancy. 12. Should this use cease operation for more than 180 days, a new Conditional Use Permit shall be required for a same or similar operation. 13. 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. 14. If, at a future date, noise at the site proves to be a nuisance to the surrounding property owners, the applicant understands and agrees that the City may require additional sound attenuation measures or rescind this Conditional Use Permit. 15. The Applicant shall record in the Public Records of Lake County within 90 days of the 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. 2 CLERMONT CITY OF CLERMONT RESOLUTION NO.2019-11R SECTION 2. Land Use 1. The property shall be developed in substantial accordance with the Conceptual Plan prepared by Riddle-Newman Engineering dated 12/01/17 (Exhibit A). The project may be developed to allow for a 9,100 square feet private school facility. The property may also be developed with any other C-2 General Commercial permitted uses with compliance to the Clermont Land Development Code. 2. All landscaping, drainage/water retention and site plan approved conditions must be maintained in perpetuity for the site. 3. Any fencing shall be decorative with a maximum six (6)foot height. 4. No outside pubic address(public address systems including"bull horns"or similar systems shall not be used unless approved through an amendment to the Conditional Use Permit). 5. Interior lighting on the site shall be directed downward into the site and shall not spill over onto adjacent properties. All lighting must comply with City Code and regulations. 6. A Traffic Impact Analysis (TIA) shall be completed and reviewed by the Lake-Sumter Metropolitan Planning Organization. The study and comments shall be shared with all jurisdictions within the traffic impact area. If the study identifies a deficiency in the Level of Service of transportation facilities due to the proposed project, the developer shall be required to participate in mitigation strategies. 7. 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 plan shall show the location of all proposed buildings,structures,outdoor sports/recreation areas,parking landscaping,modular classrooms 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. SECTION 3. Transportation Improvements 1. Sidewalks shall be required along all public road frontages in accordance with City codes. 2. Driveway access aprons must be paved in accordance with City engineering and Site Review Committee approval. SECTION 4. Architectural Design Standards 1. All structures shall be designed and constructed in accordance with the City of Clermont Architectural Design Standards and Guidelines. 3 1 CLERMONT CITY OF CLERMONT RESOLUTION NO.2019-11R Exhibit A Conceptual Plan a N. N"----. F.. 0 ....,1 fi) .. I ti , I - . - - , : I E / • I` I . CI I •'r ' j ....A - 11 I.6 ."-'l ft • 1p .4 - I N 1"I4 'II } k I •;•. { 1 Pi i I }� • 1 wvd 1 1 � .i , IR C7 I CEOYE7RY RANealoPau . t sc. .n..r.....c. ry CITRUS TOWER COMPLEX —"'r LT L 4 lirfoNT CITY OF CLERMONT C a � RESOLUTION NO. 2019-11 R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 23rd day of April, 2019. stt' _ CITY OF CLERMONT //X 4°,/ ail L. Ash, May. • ATTEST: 1 Tracy Ackroyd Howe, City Clerk Approved as to form and legality: dipp O 'R��antzaris, City Attorney