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Resolution No. 2021-052RCITY OF CLERMONT d RESOLUTION NO.2021-052R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OUTSIDE STORAGE, DISPLAY AND SALES OF RECREATIONAL VEHICLES IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held November 2, 2021 recommended approval of this Conditional Use Permit to allow for the outside storage, display and sales of recreational vehicles, at the following location: LOCATION: 2480 South US Highway 27 (Alternate Key 3828876) 5.39+/- Acres 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. WHEREAS, 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 based on the findings stated above and incorporated herein: 1. This application for a Conditional Use Permit (CUP) to allow for the outside storage, display and sales of Recreational Vehicles (RV) in the (PUD) Planned Unit Development with "C-2 General Commercial permitted uses shall be granted subject to the following conditions: Page 11 of 6 dAE . CITY OF CLERMONT dam. RESOLUTION NO.2021-052R SECTION 1: GENERAL CONDITIONS l . 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. 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. 4. 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. 5. The Fire Marshal shall inspect all buildings and structures to ensure all life safety requirements and fire safety codes are in compliance to the code prior to the issuance of any Certificate of Occupancy. 6. The City Building Inspector shall inspect all structures and buildings for compliance with the Florida Building Codes and all code violations must be corrected prior to the issuance of the Certificate of Occupancy. 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, picnic areas, and outdoor recreation areas 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, as amended. 8. No expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 9. 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 after a public hearing. Page 12 of 6 OF CITY OF CLERMONT 00,d..�.. RESOLUTION N0.2021 052R 10. 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. SECTION 2: LAND USES AND SPECIFIC CONDITIONS 1. This Conditional Use Permit (CUP) will allow for the outside storage, display, sales, and service of recreational vehicles (RV) as a permitted use. No engine, chassis, or heavy mechanical work shall be conducted on site. 2. The parking, display or storage of any recreational vehicles may only be allowed for the side and rear yards of the existing building as appropriate for the site. At no time shall the parking and display of any recreational vehicles impede or block any public/private access points, streets, public/private easements, or any adjacent properties. 3. The hours of operation will be Monday through Frida, 8:00 AM to 6:00 PM, on Saturday, 9:00 AM to 5:OOPM and on Sunday, 12::00 PM to 5:00 PM. 4. The site may also be used for any other permitted uses in the "C-2" General Commercial zoning district. a. Any new development and/or changes to the subject property must submit for site plan approval 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 and final construction plans. The conceptual site plan does not grant any development entitlements or uses and is only used for conceptual purposes. 5. The site shall be developed in accordance to the Clermont Land Development Regulations and the provision of the "C-2" General Commercial zoning district in the Land Development Codes. All Landscape buffers and screening must be in accordance with Clermont Land Development Regulations. All buildings and structures must comply with Clermont Architectural Design Standards. 6. The parking, storage and display of the recreational vehicles shall be arranged and kept in an orderly manner and state of maintenance so the appearance of the property, shall not be considered a nuisance. 7. Sidewalks are required adjacent to any streets -right -of way for the entire length of the subject property; any required sidewalk installation shall be coordinated with the appropriate City, County or State Agency prior to construction. 8. No outside speaker systems shall be permitted. Page 13 of 6 CITY OF CLERMONT RESOLUTION NO.2021-052R 9. Site lighting shall be installed and operated to reflect downward onto the site and shall not spill over onto the adjacent properties. 10. All fencing shall be ornamental metal or decorative PVC/Vinyl. The construction of any walls shall provide aesthetically pleasing design features and elements for any streets and public viewpoints. 11. Any signage must comply with Clermont Sign Code, Section 102-Signs. A separate permit is required for any signs. 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. 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 AND EFFECTIVE DATE This Resolution shall be published as provided by law and it shall take effect immediately upon its Second Reading and Final Passage. Page 14 of 6 CITY OF CLERMONT RESOLUTION NO.2021-052R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 9th day of November, 2021. CITY OF CLERMONT Tim Murry, Mayor ATTES,Tf- " lR�1.\ Rl�?��• -' Tracy Ackroyd Howe, MMC City Clerk Approved as to Form and Legality: Daniel F. Mantzaris, City Attorney Page 15 of 6 CITY OF CLERMONT �d RESOLUTION N0.2021 052R EXHIBIT A: - .Li ' �" � _rem '• i� -ti. /` � � a p a A Af J MAN �- MEN I tb i IMIT[BnAtI LO i �. _. i _—.EONonevlMto'• 9W1Yg+W1NLT.CI � � 13M7< '.nH 9.ICFRLIX.lM 91pnn1R4' �X�1^[O�iitn xv UWM! Page 16 of 6 1 CLERI Chace of November 12, 2021 FCH Properties, LLC Salem Hassan 7965 James Island Trail Jacksonville, FL 32256 Re: Conditional Use Permit — Travelcamp RV 2480 South Highway 27 (Alternate Key# 3828876) Dear Mr. Hassan, DEVELOPMENT SERVICES 352-394-4083 The Clermont City Council approved your request for a Conditional Use Permit (Resolution No. 2021-052R) at their regular scheduled meeting held Tuesday, November 9, 2021. Enclosed is a copy of the Resolution with the conditions. Please sign the signature page in the presence of a notary public and return it to the office of the City Clerk's office within ninety 90 days (due February 7, 2022) or the Conditional Use Permit will become null and voided. Please note that the CUP Short Form must be signed and recorded with the Lake County Clerk of Courts Office. A signed copy of the recorded document must be returned to the Clermont City Clerk within ninety (90) days (due February 7, 2022). The Public Records Center is located at: Lake County Courthouse 550 W. Main Street Tavares, FL 32778 Thank you for your cooperation. If you have any questions, please feel free to contact me at 352-241-7335. Sincerely, Rae Chidlow Planning Coordinator Enclosures 685 W. Montrose Street Clermont, FL 34711 - www.ClermontFL.gov CITY OF CLERMONT 9:..,a..M RESOLUTION NO.2021-052R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OUTSIDE STORAGE, DISPLAY AND SALES OF RECREATIONAL VEHICLES IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held November 2, 2021 recommended approval of this Conditional Use Permit to allow for the outside storage, display and sales of recreational vehicles, at the following location: LOCATION: 2480 South US Highway 27 (Alternate Key 3828876) 5.39+1- Acres 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 fords, 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. WHEREAS, 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 based on the findings stated above and incorporated herein: 1. This application for a Conditional Use Permit (CUP) to allow for the outside storage, display and sales of Recreational Vehicles (RV) in the (PUD) Planned Unit Development with "C-2 General Commercial permitted uses shall be granted subject to the following conditions: Page 11 of 6 d CITY OF CLERMONT dd..... RESOLUTION NO.2021-052R 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. 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. 4. 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. 5. The Fire Marshal shall inspect all buildings and structures to ensure all life safety requirements and fire safety codes are in compliance to the code prior to the issuance of any Certificate of Occupancy. 6. The City Building Inspector shall inspect all structures and buildings for compliance with the Florida Building Codes and all code violations must be corrected prior to the issuance of the Certificate of Occupancy. 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, picnic areas, and outdoor recreation areas 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, as amended 8. No expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 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 after a public hearing. Page 12 of 6 CITY OF CLERMONT �.„1d.,... hbw RESOLUTION NO.2021-052R 10. 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. SECTION 2: LAND USES AND SPECIFIC CONDITIONS 1. This Conditional Use Permit (CUP) will allow for the outside storage, display, sales, and service of recreational vehicles (RV) as a permitted use. No engine, chassis, or heavy mechanical work shall be conducted on site. 2. The parking, display or storage of any recreational vehicles may only be allowed for the side and rear yards of the existing building as appropriate for the site. At no time shall the parking and display of any recreational vehicles impede or block any public/private access points, streets, public/private easements, or any adjacent properties. 3. The hours of operation will be Monday through Frida, 8:00 AM to 6:00 PM, on Saturday, 9:00 AM to 5:OOPM and on Sunday, 12::00 PM to 5:00 PM. 4. The site may also be used for any other permitted uses in the "C-2" General Commercial zoning district. a. Any new development and/or changes to the subject property must submit for site plan approval 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 and final construction plans. The conceptual site plan does not grant any development entitlements or uses and is only used for conceptual purposes. The site shall be developed in accordance to the Clermont Land Development Regulations and the provision of the "C-2" General Commercial zoning district in the Land Development Codes. All Landscape buffers and screening must be in accordance with Clermont Land Development Regulations. All buildings and structures must comply with Clermont Architectural Design Standards. 6. The parking, storage and display of the recreational vehicles shall be arranged and kept in an orderly manner and state of maintenance so the appearance of the property, shall not be considered a nuisance. 7. Sidewalks are required adjacent to any streets -right -of way for the entire length of the subject property; any required sidewalk installation shall be coordinated with the appropriate City, County or State Agency prior to construction. 8. No outside speaker systems shall be permitted. Page 13 of 6 ' CITY OF CLERMONT RESOLUTION NO.2021-052R 9. Site lighting shall be installed and operated to reflect downward onto the site and shall not spill over onto the adjacent properties. 10. All fencing shall be ornamental metal or decorative PVCNinyl. The construction of any walls shall provide aesthetically pleasing design features and elements for any streets and public viewpoints. 11. Any signage must comply with Clermont Sign Code, Section 102-Signs. A separate permit is required for any signs. 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. 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 AND EFFECTIVE DATE This Resolution shall be published as provided by law and it shall take effect immediately upon its Second Reading and Final Passage. Page 14 of 6 CITY OF CLERMONT RESOLUTION N0.2021-052R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 9th day of November, 2021. CITY OF CLERMONT Tim Murry, Mayor Tracy AdQoyd Howe, MMC City Clerk Approved as to Form and Legality: Daniel F. Mantzaris, City Attorney Page 15 of 6 CITT OF CLERMONT RESOLUTION NO.2021452R EXEUBIT A: Page 16 of 6 Received in the office of the City Clerk on z., a� U U City Clerk I, the undersigned, do hereby agree to each condition of this Conditional Use Permit. (Applicant) STATE OF FLORIDA COUNTY OF U�V 2A L_2__ Z Date The foregoing instrument was acknowledged before me this 941n day of �tMko, Y , 2022, by Sa lt'M '001MV-\ (name of person acknowledging) Notary Pubbc State of Flo�da Lmmm My CanHH 051138 Signature of Notary Public a.d e><p 1o�oeno� Whom is personally known to me or whom has produced a valid identification. z%312ZZ Date STATE OF FLORIDA COUNTY OF L ^ The foregoing instrument was acknowledged before me this 6-M day of abvk 'ly , 2022, by C1 UtM l 1 M fO� Ill O (Name of person acknowledging) w�-�(,/� ��►� Notary �AKefiey tale of Florida & C My ComHH osi 1w Signature of Notary Public expree lorosno24 Whom is personally known to me or whom has produced a valid identification. 2nZrAr Date INSTRUMENT #2022019264 OR BK 5894 PG 793 - 793 0 PGS) DATE: 2/10/2022 10:39:08 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT AND COMPTROLLER, LAKE COUNTY, FLORIDA RECORDING FEES $10.00 RETURN TO: Tracy Ackroyd Howe, City Clerk RCT'_ iy 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. 2021-052R and agreed to and accepted by the undersigned developer/applicant as of November 9, 2021 with regard to the following described real property: LOCATION: 2480 South US Highway 27, Clermont, FL 34711 (Alternate Kev# 3828876) 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. Signed, sealed and delivered in the presence of: Property Owner Sa h)O \A" Printed Name and Title STATE OF FLORIDA: COUNTY OF b U VCJ Applicant Printed Name and Title I HEREBY CERTIFY that on this 8 day of uaN 2022 before me, an officer duly authorized in the State aforesaid and in the Coun y aforesaid to take acknowledgements, personally appeared Sallm f0L h who is personall�knornto Tng who has produced as identificationho exe foregoing instrument, and who did take an oath. My commission expires: �0I ()to 1202Li &Odk. NOTXRY PUBLIC WAJA coke A K state a Floride EeNey AN�MCC MMHH 051138 EVa� t 0108I2024