Loading...
Resolution No. 2021-028Rd-- CLANT CITY OF CLERMONT �� RESOLUTION NO.2021-28R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PROFESSIONAL AND ADMINISTRATIVE OFFICE USE IN THE R-3 RESIDENTIAL/PROFESSIONAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. 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, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held May 4, 2021 recommended approval of this Conditional Use Permit to allow for a professional and administrative office use in the R-3 Residential/Professional Zoning District; at the following location: LOCATION: 792 East Montrose Street, Clermont, FL (Alt. Key 1621011) 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 outside storage and display rental equipment use in the C-2 General Commercial Zoning District; shall be granted subject to the following conditions: Page I 1 of 5 CLERWONT CITY OF CLERMONT RESOLUTION NO.2021-28R CONDITIONAL USE PERMIT CONDITIONS: SECTION 1: GENERAL CONDITIONS This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor in title or interest, and shall be subject to each condition herein set out. 2. Upon approval of the resolution, the aforementioned property shall only be used for the purposes described herein. No further expansion of the use or additions to this project shall be permitted except as approved by another Conditional Use Permit. Any other proposed use shall be specifically authorized by an amendment and approval of the City of Clermont City Council. 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. 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 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, as amended. 5. No business can occupy any portion of the building unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Development Services Department. 6. The Conditional Use Permit must be executed and processed by the Clermont City Clerk's office within 90 days of its date of grant by the City Council or the permit shall become null and void. 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. The Fire Marshal shall inspect the structure for life safety requirements. All requirements must be in compliance prior to the issuance of any Certificate of Occupancy. Page 12 of 5 dr: CLERON, CITY OF CLERMONT RESOLUTION NO.2021-28R 9. The City Building Inspector shall inspect the structure and all building code violations must be corrected prior to the issuance of any Certificate of Occupancy. 10. 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. 11. This permit shall become null and void if substantial work has not begun within two (2) years of the date of issuance of this Conditional Use Permit. 12. Should the professional/medical office 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, including permitting the parking of vehicles on any unauthorized adjacent or nearby private properties,_ 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. SECTION 2: LAND USE This Conditional Use Permit shall grant approval to allow for a professional/medical office use for employees to facilitate and provide administrative support services for the business and management team located within the R-3 Residential/Professional Zoning District. 2. The site may also be used for any permitted use in the R-3 Residential/Professional Zoning District. All uses must adhere to the requirements of the Land Development Code. 3. The conversion from residential use to professional office use must comply with any required building and fire life safety code requirements for use as a commercial structure. 4. The site must comply with all Land Development Codes for parking and Landscape Buffers to ensure adequate screening for the property. SECTION 3: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. Page 13 of 5 CLE06NT CITY OF CLERMONT RESOLUTION NO.2021-28R SECTION 5: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 6: PUBLICATION & EFFECTIVE DATE This Resolution shall be published as provided by law and it shall become law and shall take effect immediately upon its Final Passage. Page 14 of 5 CITY OF CLERMONT ��� 1- RESOLUTION NO.2021-28R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 25t' day of May 2021. CITY OF CLERMONT Tim Murry, M or ATTEST: Tracy Ackroy H 4, &iiy Clerk Approved as to form and legality: Dance ari aris, A_ ttom"