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Resolution No. 2020-71RCLEO CITY OF CLERMONT ..;,. RESOLUTION NO.2020-71R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A CHURCH FACILITY GREATER THAN 5,000 SQUARE FEET IN THE C-1 LIGHT COMMERCIAL ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held December 1, 2020 recommended approval of this Conditional Use Permit to allow for a church use greater than 5,000 square feet in the C-1 Light Commercial zoning district; at the following location: LOCATION: New Jacob Chapel Baptist Church 410 West Highway 50 (Alternate Key# 1612501) WHEREAS, from the evidence presented at the public hearing and after consideration of the factors set forth in Sec. 86-144 (d) of the Land Development Code, the city council finds, that: (1) granting the conditional use permit will not adversely affect the officially adopted comprehensive plan of the city; (2) Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity; (3) The proposed use will comply with the regulations and conditions specified in the codes for such use; and (4) The proposed use may be considered desirable at the particular location WHEREAS, the City Council determines that the application for a conditional use permit meets the criteria set forth in the Land Development Code and otherwise it is 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 based on the findings stated above and incorporated herein: 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. This application for a Conditional Use Permit to allow for a church use greater than 5,000 square feet in the C-1 Light Commercial zoning district; be granted subject to the following conditions: CONDITIONAL USE PERMIT CONDITIONS: SECTION 1: GENERAL CONDITIONS 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 Page I l of 4 • CITY OF CLERMONT RESOLUTION NO.2020-71R 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. 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 or require further conditions as deemed appropriate. 4. 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 voided. 7. 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. 8. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may open the Conditional Use Permit for further conditions or revoke this Conditional Use Permit by Resolution. 9. 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 Clermont Development Services Department. 10. Should approved uses cease operation for more than one year, a new Conditional Use Permit shall be required for the same or similar operations. 11. 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 that may include additional parking requirements or revocation of the Conditional Use Permit. 12. 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. 13. Should a new business that sells alcoholic beverages for onsite consumption wish to locate within 500 feet of the church, the church would not contest said use within 500 feet of the church. SECTION 2: LAND USE Page 12 of 4 CITY OF CLERMONT T� RESOLUTION NO.2020-71R 1. This Conditional Use Permit shall grant approval to allow a Church Facility greater than 5,000 square feet, with ancillary buildings for support services to the church. Any future development must be able to comply with the Land Development Regulations, and all building and fire safety codes. The property may also be used for any C-1 Light Commercial permitted uses. 2. Driveway access apron must be paved in accordance with City engineering and Site Review Committee approval. 3. No outside public address (PA) systems including "bull horns" or similar systems shall be used unless approved through an amendment to the Conditional Use Permit. 4. The site shall be developed according to the City of Clermont Land Development Codes and all buildings shall be designed to comply with the City of Clermont Architectural Standards. All interior site lighting shall be directed downward into the site to prevent any spill over onto adjacent properties. 6. All landscaping, drainage/water retention and site plan approved conditions must be maintained in perpetuity for the site. 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 plans shall show location of all proposed buildings, structures, outdoor sports/recreation areas, parking, and 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. Page 13 of 4 CITY OF CLERMONT RESOLUTION NO.2020-71R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 8th day of December 2020. F _ � tL{♦ ��� IGtayF 4 I g i b Tracy Ackroyd, City Clerk Approved as to form and legality: Daniel F. Mantzaris, Page 14 of 4 Attorney CITY OF CLERMONT Tim Murry, ayor