Resolution No. 2021-030RCITY OF CLERMONT
,.� RESOLUTION NO.2021-03OR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A TIRE STORE WITH
FIVE SERVICE BAYS WITHIN COSTCO AS PART OF THE MIXED -USE
PLANNED UNIT DEVELOPMENT OF PLAZA COLLINA WITHIN THE
URBAN ESTATE ZONING.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held June 1, 2021 recommended approval of this Conditional Use Permit to
allow for a fire store with five service bays within the Costco, at the following location:
LOCATION:
Vacant parcel within the Plaza Collina Development
Directly north of SR 50 and West of the Orange County Line
Alternate Key 1037433
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 applicant has applied for a Conditional Use Permit to allow a tire store
within the Costco building, which is a conditional use under the C-2 General Commercial uses,
the subject parcel is part of the Plaza Collina Planned Unit Development Master Plan (Resolution
No. 2015-08);
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 tire store with five automotive service
bays in the Mixed -Use Planned Unit Development in the UE Urban Estate zoning district, be
granted subject to the following 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 and every
condition herein set out.
' CITY OF CLERMONT
AGE a RESOLUTION NO.2021-03OR
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 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.
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 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.
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 structure shall be inspected by the Fire Marshal for life safety requirements. All
requirements must be met prior to any Certificate of Occupancy being issued.
9. The structure shall be inspected by the City Building Inspector and all building code
violations must be corrected prior to a Certificate of Occupancy being issued.
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.
2
CITY OF CLERMONT
RESOLUTION NO.2021-03OR
SECTION 2. Land Uses and Specific Conditions:
1. This Conditional Use Permit is for an internal tire store with five (5) service bays located
in the Plaza Collina Mixed Use Development Master Plan (Resolution No. 2015-08). The
Planned Unit Development allows C-2 General Commercial permitted uses.
2. The property shall be developed in substantial accordance with the Preliminary Conceptual
Site Plan (Exhibit A) prepared by Maser Consulting with a date of 07/31/2020. The
conceptual plan submitted with the Conditional Use Permit application is not an approved
site plan. 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 site will be required to comply
with the City's Architectural Design Standards and Land Development Codes.
3. The orientation of the bay doors shall be directed to the East, as shown on the East
Elevation, and will be internal to the site and towards Plaza Collina Blvd.
4. No outside storage of any tires will be allowed. Any fire storage shall be completely
enclosed and screened from public view and any public streets. All enclosures shall be
designed to be compatible and complement the architecture color and materials of the
primary building.
No outside auto service operations shall be permitted.
6. The hours of operation of the tire sales/service will coincide with the general operating
hours of the Costco Wholesale club. This use shall not be allowed to operate without the
club being open.
6. In the event the operation of the use as authorized herein results in three (3) documented
violations of City Code Chapter 34, Article II, "Noise" as may be amended or revised, in
any thirty (30) consecutive -day period as verified by staff, this Conditional Use Permit
shall be presented to the City Council for consideration of further conditions or revocation
of this Conditional Use Permit.
3
CITY OF CLERMONT
ch d� � RESOLUTION NO.2021-03OR
Exhibit A — Preliminary Conceptual Site Plan
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4
CITY OF CLERMONT
� RESOLUTION NO.2021-03OR
DONE AND RESOLVED by the City Council of the City of Clermont, Lake
County, Florida, this 22nd day of June, 2021.
CITY OF CLERMONT
Tim Murry, ayor
ATTEST:
C' 16� Z-- -
F
Tracy Ackr d fiowe, City Clerk
Approved as to form and legality:
Danie antzaris, i ey
INSTRUMENT#: 2021133593 OR BK 5803 PG 387 PAGES: 2 9/28/2021 8:42:09 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $18.50
RETURN TO:
Tracy Ackroyd Howe, City Clerk
City of Clermont
685 West Montrose St
Clermont, FL 34711
SHORT FORM CONDITIONAL USE PERMIT
THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use
Permit adopted and approved by the Clermont City Council by Resolution No. 2021-03OR and
agreed to and accepted by the undersigned developer/applicant as of June 22. 2021 with regard
to the following described real property:
LOCATION: Vacant uarcel within the Plaza Collins
Develoument directly- north of SR 50 and west of the Ora=
County Line [Alternate Key# 1037433)
and is for the purposes of providing notice to all interested parties, the assigns, successors
and heirs of the undersigned developer/applicant and all future owners of the above -
referenced property that the real property described above is subject to the terms and
conditions bf the above -referenced Conditional Use Permit.
IN WITNESS WHEREOF, the undersigned has duly executed this Short Form
Conditional Use Permit as of the day set forth below.
Signed, seated and delivered in the presence of:
Property Owner
Printed Name and Title
STATE OFF RIDA:
COUNTY OF v a
A gicant��Z
nted Name an Tit e
I HEREBY CERTIFY that on thisU day of 'Plh4- , 202l, before me, an
officer duly authorized in the State afor d and etthe County aforesaid to take
acknowledgements, personally appeared l +d .�, $S , , who is personally known to
me or who has produced as identification, and who execut e
Foregoing instrument, and who did take an oath.
N TARY PUBLIC 4
My commission expires:
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I, the undersigned, do hereby agree to each condition of this Co ditional Use Permit.
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(Ap icant) Date
STATE OF FLQRIDA
COUNTY OF A>A 0 a
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The foregoing instrument was acknowledged before me this 2Zday of
vr• bc/ _ _, 2021, by
(name of person acknowledging)
MWA BURRY
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Signature of Notary Public ''Eoc�Lo°� 7hMM0iWrysr+"
Whom is personally known to me or whom has produced a valid identification.
(Owner)
STATE OFF E)RIB v itt6-W i k
COUNTY OF Lo,,.,
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Date
The foregoing instrument was acknowledged before me this 2X5T day of <<.�•"����"'''�,,
r.. �� P R' s� U •.
-5 , 2021, by - 4e;(Cl� Teu)eA v 'No�ARY.
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MY COMMISSION ' a
EXPIRES
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Signat re of Not ry ublic �•'•�'EAL7 ��,�
Whom is personally known to me or whom has produced a valid identification.
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Received in the office of the City Clerk on ZOZ
Date
City Clerk
INSTRUMENT# 2021133593 OR BOOK 5803/PAGE 388 PAGE 2 of 2
RETURN TO:
Tracy Ackroyd Howe, City Clerk
City of Clermont
685 West Montrose St
Clermont, FL 34711
SHORT FORM CONDITIONAL USE PERMIT
THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use
Permit adopted and approved by the Clermont City Council by Resolution No. 2021-0301Z and
agreed to and accepted by the undersigned developer/applicant as of June 22, 2021 with regard
to the following described real property:
LOCATION: Vacant parcel within the Plaza Collins
Develo ment directly north of SR 50 and west of the Oranee
County Line (Alternate Kerr# 1037433)
and is for the purposes of providing notice to all interested parties, the assigns, successors
and heirs of the undersigned 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 above -referenced Conditional Use Permit.
IN WITNESS WHEREOF, the undersigned has duly executed this Short Form
Conditional Use Permit as of the day set forth below.
Si zed, sealed and delivered in the presence of
r
'Property O ner Applicant
I ,&
Printed Name and Title Printed Name and Title
LFa
STATE OF T-EE)Ri A: vir a-inj+a'
COUNTY OF L ,.,,4 e n
I HEREBY CERTIFY that on this Zt'rday of 5,e,_.t
, 2021, before me, an
officer duly authorized in the State aforesaid and in the
County aforesaid to take
acknowledgements, personally appeared He-"J , Scwc►1
, who is ersonall known to
me or who has produced is 1 t` as identification, and who executed the
Foregoing instrument, and who did take an oath.
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My commission expires: - c ;' &)-c � iS � -
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