Resolution No. 2021-057Rdv'
CITY OF CLERMONT
'rN d,,,., Z- RESOLUTION NO.2021-057R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1010 TO
ALLOW THE CONSTRUCTION AND OPERATION OF A 6TH THROUGH
12TH GRADE CHARTER SCHOOL ON THE COLLEGE CAMPUS (LAKE
SUMTER STATE COLLEGE), AND PROVIDING FOR CONFLICT,
SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR, PUBLICATION AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held January 4, 2022 recommended approval of this Conditional Use Permit
amendment to allow the construction and operation of a 6th through 12th grade Charter School on
the College Campus (Lake Sumter State College), at the following location:
LOCATION:
Lake Sumter State College
1250 North Hancock Road
(Alternate Key: 3777502, 3777498, 3777505,
3777506, 3784773, 3784776, 3777499, 3777500, 3808649)
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 amendment to allow
a 6tn through 12th grade charter school on the subject parcel that is part of the Lake Sumter State
College Campus, Planned Unit Development Master Plan (Resolution No. 1010);
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:
Page I 1 of 8
CLE ft , CITY OF CLERMONT
��"� RESOLUTION NO.2021-057R
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 but are only applicable to the charter school
facilities.
2. No person, firm, corporation or entity shall erect, construct, enlarge, remove, move, 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 with 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 for the charter school facilities, 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.
No expansion of the use or additions to the charter school facility, other than College
Campus expansions, 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 8
CLE06 vT CITY OF CLERMONT
7�'-'�� ��RESOLUTION NO.2021-057R
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 in the
construction of the 6th grade through 121h grade charter school. "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 construction and operation of a 6th
through 12th grade charter school on the existing Lake Sumter State College Campus. The
College Campus and related facilities may continue to operate exclusive of whether the
charter school is constructed or not.
2. The charter school shall only be allowed the construction and operation of the Phase 1
Main Classroom Building to serve up to 650 students in phase one. An amendment to this
Conditional Use Permit shall be requested prior to increasing enrollment or the addition of
new buildings for the charter school. Any amendment shall include public hearings before
the City's Planning and Zoning Commission and the City Council and an updated traffic
impact study, based upon the requirements of the Lake Sumter MPO Traffic Impact Study
Methodology and Guidelines, dated 2021, or as amended. The written methodology shall
be submitted, reviewed and approved by the City's traffic consultant prior to the initiation
of the study to confirm the correct methodology and assumptions. The TIA shall include
the necessary intersections and provide recommendations of any off -site improvements due
to this connection. The cost of the City's review by the City's third -party traffic consultant
shall be paid by the Charter School.
The charter school shall only be permitted to access the campus via Oakley Seaver Drive
(as shown in the Year One/Traffic Operations Plan) for the 2022-2023 school year. The
applicant shall post signage along Oakley Seaver Drive indicating "No Stopping or
Standing" at the direction of the City and shall be responsible for the full cost of this
signage.
4. The existing trail crossing at the Oakley Seaver Drive access point shall be upgraded to a
"Case IV Major Side Street Crossing Near Intersection" by August 1, 2022. Coordination
of this upgrade shall be conducted through the City and Lake County Department of Public
Works. This upgrade shall be at the full expense of the Charter School.
5. The charter school must construct access from Legends Way prior to the 2023-2024 school
year, as shown on the Year Two/Traffic Operations Plan, Exhibit B. Prior to approval of
the site plan for this access, the charter school must update the Traffic Impact Study to
include an operational analysis of Legends Way, including the intersections of Legends
Way with Skytop View Way, the school driveway, and North Hancock Road. Any
necessary off -site improvements identified as part of the updated analysis shall be
completed prior to utilizing the connections from Legends Way. No access for the Charter
School shall be allowed from Oakley Seaver Drive once the Legends Way access point is
Page 13 of 8
d9-
CITY OF CLERMONT
RESOLUTION NO.2021-057R
constructed, except for emergency services.
6. A detailed traffic/queue management plan with proposed backup plans to avoid off -site
stacking or queueing shall be submitted and reviewed prior to using Oakley Seaver Drive
and Legends Way. These plans may be modified upon review by the City and applicant
due to evidence of stacking off -site or other off -site traffic issues. The plan shall be
submitted by June 1st of each year of Year One/Traffic Operations Plan and Year
Two/Traffic Operations Plan. The cost of the City's review by the City's third -party traffic
consultant shall be paid by the Charter School.
7. The City may request from the Charter School additional updates to the detailed traffic
management plan if queueing, stacking and off -site traffic movement is impeded. Off -site
improvements, such as turn lanes, additional signage and traffic improvements may be
required to mitigate the off -site impacts and will be at the full cost of the Charter School.
The cost of the City's review by the City's third -party traffic consultant shall be paid by
the Charter School.
8. Any new development and/or changes to the subject property for the Charter School 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.
9. If the Charter School campus requires a school resource officer or crossing guard, this
requirement and expense will be at the full cost of the Charter School.
10. If student busing is added to the transportation network, this shall be reviewed and
approved by the City prior to starting this service. The cost of the City's review by the
City's third -party traffic consultant shall be paid by the Charter School.
11. 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.
12. No outside speaker systems shall be permitted for the Charter School.
13. Any signage for the Charter School must comply with Clermont Sign Code, Section 102-
Signs. A separate permit is required for any Charter School signs.
SECTION 3: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
Page 14 of 8
d
CLE bW CITY OF CLERMONT
7 RESOLUTION NO.2021-057R
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 15 of 8
CLEO'fOW CITY OF CLERMONT
'�� � RESOLUTION NO.2021-057R
DONE AND RESOLVED by the Mayor and the City Council of the City of Clermont,
Lake County, Florida, this 1 lth day of January, 2022.
Is
ATTEST
r., / 0 0 0 1 1 1
cy Ackroyd owe, MMC
City Clerk
Approved as to Foi-w :jnd Legality:
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
Tim Murry, ayor
Page 16 of 8
LE CITY OF CLERMONT
C��� RESOLUTION NO.2021-057R
EXHIBIT A:
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Page 17 of 8
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INSTRUMENT #2022009971
OR BK 5881 PG 786 - 786 (1 PGS)
DATE: 1/21/20222:09:40 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT
RETURN TO: AND COMPTROLLER, LAKE COUNTY, FLORIDA
Tracy Ackroyd Howe, City Clerk RECORDING FEES $10.00
City of Clermont
685 West Montrose St
Clermont, FL 34711
SHORT FORM CONDITIONAL USE PERMIT
THIS SHORT FORM CONDITIONAL USE PERMIT evidences that a certain Conditional
Use Permit adopted and approved by the Clermont City Council by Resolution No. 2021-
057R and agreed to and accepted by the undersigned developer/applicant as of January 11,
2022 with regard to the following described real property:
LOCATION: Lake Sumter State College, 1250 N. Hancock
Road (Alternate Keys: 3777502, 3777498, 3777505, 3777506,
3784773, 3784776, 3777499, 3777500 and 3808649
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 ed, sealed and delivered in the presence of -
Property Owner Applicant
Printed Name and Title LSS C_
STATE OF FLORIDA
COUNTY OF LKV:
Printed Name and'rifle LSS.L
I HEREBY CERTIFY that on this day of doptar's 2022, before me, an
officer duly authorized in the State afores�i�d a in th Co ty aforesaid to take
acknowledgements, personally appeared % Q ho is personally known to
me or who has produced KSona11 V )UoOlas iden fication, and who executed the
foregoing instrument, and who did take an oath. ,
� NOTARY PUBLIC
My commission expires: AV, 1 � � k�-
r :* CLAWIAMOMWO
CLAVDIA
MY COMMISSION # GG .
ORES: November. W�'`"....-h'
?oE„ �`Bonded TWu Notary Pubk Urct
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $10.00
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 a certain Conditional
Use Permit adopted and approved by the Clermont City Council by Resolution No. 2021-
057R and agreed to and accepted by the undersigned developer/applicant as of January 11,
2022 with regard to the following described real property:
LOCATION: Lake Sumter State Colleae,1250 N. Hancock
Road (Alternate Keys: 3777502, 3777498, 3777505, 3777506,
3784773, 3784776, 3777499, 3777500 and 3808649
and is for the purposes of providing notice to alrinterested 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.
Z
ed, sealed and delivered in the presence of
Property Owner Applicant
Printed Name and Title L SS C_
STATE OF FLORIDA
COUNTY OF C,jkKE
Printed Name and Tith
I HEREBY CERTIFY that on this �1 day of 0fitLa/2022, before me, an
officer duly authorized in the State afores#id aM in th `Co y aforesaid to take
acknowledgements, personally appeared / ho is personally known to
me or who has produced Pef&aall Y bWas ideniffficaii6. and who executed the
foregoing instrument, and who did take an oath.
/ , j // SNOT RY PUBLIC
My commission expires: li , `cy--
Ir1YCOINYrSS10N69Ga
Baded Tlro 11i1c Uc:� µ � � s ,sit 1i�dM��
0
U
I, the undersigned, do hereby agree to each condition of this Conditional Use Permit.
(Applicant) 0 Date
STATE OF FLORIDA
COUNTY OF L&k C
The foregoing instrument was acknowledged before me this day of
t(L MULL , 2022, by l
(name of person acknowledging)
cTudik MPVLJd)
CLAUDIA MORRIS
,'. MY COMMISSION ik GG 235603
Signature of Notary Public v�°f ` EXPIRES: November 4,2022
`�• Bonded Trti Notary Underwriters
Public
Whom is personally known to me or whom has produced a valid identification.
4 1. A t� 12); � � 044
(Owner)
STATE OF FLORIDA
COUNTY OF _(04,
�la�la�
Date
L'
The foregoing instrument was acknowledged before me this day of
UAKUO-c 2022, byopv-d( 4 M d rV
(Name of person acknowledging)
z CLAUDIA N # GG
�• �'; RIS
ci
MY COMMISSION IE GG 235603
Signature of Notary Public °;, o`,.•` EXPIRES: November 4, 2022
Bonded Thru Notary Public Underwrilea
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on 3 / 021 CW J a
Date
( Ci y erk