Resolution No. 2022-022RCITY OF CLERMONT
A.-alt RESOLUTION NO.2022-022R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A MIXED -USE
DEVELOPMENT WITH 115,000 MAXIMUM TOTAL BUILDING
SQUARE FEET TO BE PERMITTED IN THE PLANNED UNIT
DEVELOPMENT (PUD) ZONING DISTRICT; 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 August 2, 2022 recommended approval of this Conditional Use Permit
to allow for a mixed -use development with up to 115,000 total building square feet to be permitted
for a Planned Unit Development (PUD) zoning district, at the following location:
LOCATION:
Lost Lake Reserve PUD
Vacant parcel located east of US 27 and west of Cross Ridge Road
(Alternate Key #3821846)
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 is in the interest of the
general welfare of the City of Clermont, Lake County, Florida to grant this Conditional Use Permit.
WHEREAS, the property owner requested this Conditional Use Permit to allow for a
mixed -use development with up to 115,000 maximum total building square footage be permitted
in the Planned Unit Development (PUD) zoning district; and
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:
This application for a Conditional Use Permit to allow for a mixed -use development with up to the
maximum of 115,000 total building square footage to be allowed in the Planned Unit Development
(PUD) zoning district, which shall granted subject to the following conditions:
d"
CLERWONT CITY OF CLERMONT
— RESOLUTION NO.2022-022R
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
Clermont City Clerk within 90 days of the 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 building 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 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.
tQ-
CITY OF CLERMONT
-02t. i RESOLUTION NO.2022-022R
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 will allow for a mixed use commercial development with up
to the maximum 115,000 total building square footage be located in the Planned Unit
Development (PUD) zoning district.
2. The site may also be used for any other permitted uses identified in the Planned Unit
Development.
3. The property shall be developed in substantial accordance with the conceptual site plan
(Exhibit A) prepared by Knight Engineering Services, submitted with the CUP application.
All 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.
4. The site shall be developed in accordance to the Clermont Land Development Regulations
and the provision of the Clermont Codes of Ordinances. The design and construction of
any buildings must be in compliance to the Clermont Architectural Design Standards.
5. Sidewalks are required adjacent to any street right-of-ways for the entire property
boundaries; any sidewalk installation shall be coordinated with the appropriate City,
County or State Agency prior to construction.
6. No outside speaker systems shall be permitted, except as part of an approved drive-thru
use.
7. Site lighting shall be installed and operated to reflect downward onto the site and shall not
spill over onto the adjacent properties.
8. All fencing shall be ornamental metal or decorative PVCNinyl. Any fences and walls
shall provide aesthetically pleasing design features adjacent to residential development and
public streets.
9. Any signage must comply with Clermont Sign Code, Section 102-Signs and requires a
separate permit.
10. The clearance of any parcels of land shall require conformance to the requirements of the
Endangered Species Protection Act.
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C� nR CITY OF CLERMONT
I RESOLUTION NO.2022-022R
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 take effect immediately upon its adoption.
S
CLEOONT CITY OF CLERMONT
�— RESOLUTION NO.2022-022R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 23rd day of August, 2022.
CITY OF CLERMONT
Tim Murry, Mayor
l
Tracy Ackroyd H we, MMC
City Clerk
Approved as to F rm and Legality:
Daniel F. Mantzaris, City Attorney
6-
CLERWONT CITY OF CLERMONT
— RESOLUTION NO.2022-022R
Exhibit A
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INSTRUMENT#: 2022136927
GARY J. COONEY, CLERK OF
REC FEES: $10.00
OR BK 6039 PG 638 PAGES: 1 10/17/2022 1:18:25 PM
THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
RETURN TO:
Rae Chidlow
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. 2022-022R and agreed to and
accepted by the undersigned developer/applicant as of August 23, 2022 with regard to the following
described real property:
LOCATION: Parcel located between US 27 and Cross Ridge Road
Alternate Key #3821846
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.
delivered in the presence of:
Property
Name and Title
App 'can —
�gk t�a�(• u2,
Punted Name and Title
STATE OF FLC�j; ������y
COUNTY OF (( ffff:
1 HEREBY CERTIFY
'tthaatt`on this day of 7 f 2022, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowledgements,
personally appeared �/ ��/ �who is personall k own o me or who has
produced as identification, d w o exgcut the 'regoing
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instrument, and who did take an oath. P
p USA & SELLS
NaaryPublk NOT Y PUBLIC
*, SUte of Florida
My commission ex COMM#HR226096
Ezp M 8/16/20I6
SCHMID CONSTRUCTION INC
15690 W COLONIAL DR
WINTER GARDEN FL 34787
q,c couep
1 certify that the foregoing is a true and accurate copy of the document as
reflected in the Official Records. Portions may be redacted as required by law.
�T GARY J. C,rcOOONE1Y, Clerk of the Circuit Court and Comptroller, Lake County, Florida
13Y Deputy Clerk 10/17/2022 1:18:28 PM
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do hereby agree to each condition of this Conditional Use Permit.
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(Applicant) Dat
STATE OF FL IDA
COUNTY OF �,
The foregoing instrument was acknowledged before me this i -% day of
Cl</ ro A b 2022, by
(name of person acknowledging)
A USA S. SELLS
Notary Public
State of Florida
y a Comm# HH28M6
Sign ure of Notary Public Vce I;P,% Expires9/16/2026
is personally known to me or whom has produced a valid identification.
(:D
(Owner)
STATE OF FL I
COUNTY OF
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to
The foregoing instrument was acknowledged before me this day of
0(,rv&Qf 2022, by —Tru-J.NV� 42
Name of person acknowledging)
USA S. SELLS
Notary Public
State of Florida
ry Comm# HH286086
Expires 8/16/2026
Whom is personally known to me or whom has produced a valid identification.
Received in he office of the City Clerk on
City Clerk
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Date