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Resolution No. 2020-30R(P. CLE06NT CITY OF CLERMONT RESOLUTION NO.2020-30R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR EATERY BUSINESS IN THE CENTRAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held August 4, 2020 recommended approval of this Conditional Use Permit to allow an outdoor eatery in the Central Business District; at the following location: LOCATION: North of Montrose Street adjacent to the Art Walk (A portion of Alternate Key # 1087210) 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, based on the foregoing, 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 outdoor eatery in the Central Business 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 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. 3. No business can occupy an eatery pad unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Development Services Department. d=, CLER' NT CITY OF CLERMONT �fRESOLUTION NO.2020-30R 4. 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. 5. 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. 6. 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. 7. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 8. Should this use cease operation for more than 180 days, a new Conditional Use Permit shall be required for a same or similar operation. 9. The improvements shall be inspected by the Fire Marshall for life safety requirements. All requirements must be met prior to any Certificate of Occupancy being issued. 10. The improvements shall be inspected by the City Building Inspector and all building code violations must be corrected prior to a Certificate of Occupancy being issued. SECTION 2. Land Use 1. Permitted use shall include two (2) outdoor eatery vehicles/trailers on the 8 feet by 18 feet eatery pad as shown on the Conceptual Eatery Site Plan prepared by McCoy & Associates. Placement of the units shall be approved through the City's Site Review process. 2. The operation shall have a proper waste disposal plan and if needed, grease trap connections. 3. The operation shall meet all City, County, and State regulations for food preparation, cooking, dispensing and consumption of food. 2 CLERAOIT CITY OF CLERMONT RESOLUTION NO.2020-30R EXHIBIT A - CONCEPTUAL EATERY SITE PLAN ART WALK FEAT E 1p i 3 6" CLE06NT CITY OF CLERMONT �� RESOLUTION NO.2020-30R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 25th day of August, 2020. .,� CITY OF CLERMONT t y Gail L. Ash, Mayor ATTEST: jka Tracy Ackroyd Howe, City Clerk Approved as to form and legality: