Resolution No. 2022-029R6
CLEOONT CITY OF CLERMONT
7 RESOLUTION NO.2022-029R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A HOTEL USE
GREATER THAN 5,000 SQUARE FEET IN THE TUSCANY VILLAGE
PUD, RESOLUTION 1532; 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 October 4, 2022 recommended approval of this Conditional Use Permit
to allow for a hotel use greater than 5,000 square feet in the Tuscany Village PUD, Resolution
1532; at the following location:
LOCATION:
Vacant parcel located southwest of the US 27 and Hammock Ridge intersection
2.5 +/- acres
(Portion of AK 3890913)
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:
This application for a Conditional Use Permit to allow for a hotel use greater than 5,000 square
feet in the Tuscany Village PUD, Resolution 1532; be granted subject to the following conditions:
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 further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
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.
d'
CLE06M, CITY OF CLERMONT
7 RESOLUTION NO.2022-029R
4. The Fire Inspector shall provide building inspections for life safety requirements and all
fire code regulations must be in compliance prior to the issuance of any Building Certificate
of Occupancy.
5. The Building Inspector shall inspect all structures and building for compliance and any
building code violations shall be corrected before the issuance of the Certificate of
Occupancy.
6. 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.
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. If any of the stated conditions are violated, the applicant understands and agrees that the
City Council may open the Conditional Use Permit for further conditions or revoke this
Conditional Use Permit by Resolution.
9. No business can occupy any portion of the building(s) after construction and final
Certificate of Occupancy unless the proposed business has applied for and obtained a Local
Business Tax Receipt from the Clermont Development Services Department.
10. Should approved uses cease operation for more than 180 days, a new Conditional Use
Permit shall be required for the same or similar operations.
11. The property shall be developed in substantial accordance with the Conceptual Site Plan,
sheet number CSP1, dated August 2022 and prepared by Kimley-Horn. 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 presentation site plan submitted with the Conditional Use
Permit application is not the approved and final construction plan.
SECTION 2: LAND USE
This permit is for a 72,500 square foot four-story hotel building. The site may also be used
for other permitted C-1 uses as indicated in the Tuscany Village PUD, Resolution 1532.
2. Maximum building height will be 55 feet, measured at the highest point for the building.
3. The building setback will be 20 feet from the internal drive, 15 feet from the interior sides
and 30 feet from rear.
4. The building shall be designed in a manner that shall meet the City of Clermont's
Architectural Standards and as represented in the provided elevation.
d9,
C� ' CITY OF CLERMONT
d RESOLUTION NO.2022-029R
5. The site shall be designed and developed to comply with the Clermont Land Development
Regulations.
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.
(P
CLERMONT CITY OF CLERMONT
RESOLUTION NO.2022-029R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 25th day of October 2022.
jX +
1.
A`PTES
Tracy Ackroyd Howe, MMC
City Clerk
Approved as -to form and legality:
CITY OF CLERMONT
Tim Murry, yor
d�
CL CITY OF CLERMONT
.do RESOLUTION NO.2022-029R
Exhibit A — Legal Description:
That part of Lot 1, Block 1 of Tuscany Village Phase 1, according to the plat thereof, as recorded
in Plat Book 64, pages 13 through 15, Public Records of Lake County, Florida, being described
as:
Commence at the Southerly corner of said Lot 1, also being the northwest corner of Lot 2, Block
1 of said Tuscany Village Phase 1; thence North 65°10'25" East, 233.33' feet to the westerly line
of the 27.00 foot wide ingress -egress and utility easement according to said Tuscany Village Phase
1;
thence North 24*49'11" West along said westerly line, 135.00 feet to the Point of Beginning;
thence continue along the said westerly line North 24'49'11" West, 189.39 feet; thence South
65110'49" West, 540.42 feet; thence South 24'49'11 "East, 98.64 feet; thence South 39°41'52" East,
25.78 feet; thence South 70°04'06" East, 73.77 feet; thence South 82° 13'39" East, 194.18 feet to
the northeasterly line of a parcel recorded in Official Record Book 4445, Page 24, Public Records
of Lake County, Florida; thence along the said northeasterly line the following two courses: 1)
North 24°53'25" West, 10.01 feet; thence 2) North 65°06'35" East, 35.62 feet; thence North
24*49'11" West, 80.65 feet; thence North 65110'49" East, 282.19 feet to the Point of Beginning.
Containing 2.50 acres, more or less.
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CITY OF CLERMONT
RESOLUTION NO.2022-029R
Exhibit B:
Zoomed Area on Conceptual Site Plan
10 iT LS 8UF
Sample Elevation
r � Tr
-��
- 1i^ i r
Entry Tower
Subtle Base Palette
Flexible Projections
Front Porch
Cultured Sone Base
Denotes building
EIFS is used as the
Bump -outs add
Enhances sense of
Change in material
entrance and provides
primary exterior
additional interest
arrival by locating
at the base of the
visual interest with a
building material, with
to the exterior and
space to relax
building helps grounds
higher -quality finish
warm neutral colors
allow for room mix
immediately near
the building mass.
material.
applied to the majority
flexibility.
building entrance.
of the facade.
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• CITY OF CLERMONT
C dam. RESOLUTION NO.2022-029R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A HOTEL USE
GREATER THAN 5,000 SQUARE FEET IN THE TUSCANY VILLAGE
PUD, RESOLUTION 1532; 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 October 4, 2022 recommended approval of this Conditional Use Permit
to allow for a hotel use greater than 5,000 square feet in the Tuscany Village PUD, Resolution
1532; at the following location:
LOCATION:
Vacant parcel located southwest of the US 27 and Hammock Ridge intersection
2.5 +/- acres
(Portion of AK 3890913)
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:
This application for a Conditional Use Permit to allow for a hotel use greater than 5,000 square
feet in the Tuscany Village PUD, Resolution 1532; be granted subject to the following conditions:
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 further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
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.
CLE CITY OF CLERMONT
a�w.da... RESOLUTION NO.2022-029R
4. The Fire Inspector shall provide building inspections for life safety requirements and all
fire code regulations must be in compliance prior to the issuance of any Building Certificate
of Occupancy.
5. The Building Inspector shall inspect all structures and building for compliance and any
building code violations shall be corrected before the issuance of the Certificate of
Occupancy.
6. 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.
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. If any of the stated conditions are violated, the applicant understands and agrees that the
City Council may open the Conditional Use Permit for further conditions or revoke this
Conditional Use Permit by Resolution.
9. No business can occupy any portion of the building(s) after construction and final
Certificate of Occupancy unless the proposed business has applied for and obtained a Local
Business Tax Receipt from the Clermont Development Services Department.
10. Should approved uses cease operation for more than 180 days, a new Conditional Use
Permit shall be required for the same or similar operations.
11. The property shall be developed in substantial accordance with the Conceptual Site Plan,
sheet number CSPI, dated August 2022 and prepared by Kimley-Horn. 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 presentation site plan submitted with the Conditional Use
Permit application is not the approved and final construction plan.
SECTION 2: LAND USE
1. This permit is for a 72,500 square foot four-story hotel building. The site may also be used
for other permitted C-1 uses as indicated in the Tuscany Village PUD, Resolution 1532.
2. Maximum building height will be 55 feet, measured at the highest point for the building.
3. The building setback will be 20 feet from the internal drive, 15 feet from the interior sides
and 30 feet from rear.
4. The building shall be designed in a manner that shall meet the City of Clermont's
Architectural Standards and as represented in the provided elevation.
jf
CITY OF CLERMONT
r, RESOLUTION NO.2022-029R
The site shall be designed and developed to comply with the Clermont Land Development
Regulations.
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.
- CITY OF CLERMONT
RESOLUTION NO.2022-029R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 25th day of October 2022.
CITY OF CLERMONT
Tim Murry, Iayor
Tracy Ackroyd Howe, MMC
City Clerk
CITY OF CLERMONT
Iec-
RESOLUTION NO.2022-029R
Exhibit A — Legal Description:
That part of Lot 1, Block 1 of Tuscany Village Phase 1, according to the plat thereof, as recorded
in Plat Book 64, pages 13 through 15, Public Records of Lake County, Florida, being described
as:
Commence at the Southerly corner of said Lot 1, also being the northwest corner of Lot 2, Block
1 of said Tuscany Village Phase 1; thence North 65°10'25" East, 233.33' feet to the westerly line
of the 27.00 foot wide ingress -egress and utility easement according to said Tuscany Village Phase
1;
thence North 24'49'11" West along said westerly line, 135.00 feet to the Point of Beginning;
thence continue along the said westerly line North 24'49'11" West, 189.39 feet; thence South
65° 10'49" West, 540.42 feet; thence South 24149' 11 "East, 98.64 feet; thence South 39*4 F52" East,
25.78 feet; thence South 70°04'06" East, 73.77 feet; thence South 82° 13'39" East, 194.18 feet to
the northeasterly line of a parcel recorded in Official Record Book 4445, Page 24, Public Records
of Lake County, Florida; thence along the said northeasterly line the following two courses:1)
North 24°53'25" West, 10.01 feet; thence 2) North 65°06'35" East, 35.62 feet; thence North
24"49'11" West, 80.65 feet; thence North 6590'49" East, 282.19 feet to the Point of Beginning.
Containing 2.50 acres, more or less.
CITY OF CLERMONT
C ,,. RESOLUTION NO.2022-029R
Exhibit B:
Zoomed Area on Conceptual Site Plan
TE � — -.. rr r: rent• f � � ��
1
t:.sa•.rc
Sample Elevation
I
ii
T
Entry Tower
Subtle Base Palette
Flexible Projections
Denotes bullding
EIFS is usea as the
Bumpoutsadd
entrance and provides
primary exterior
additional interest
visual interest with a
building material. with
to the exterior and
higher quality fmish
warm neutral colors
allow for room mix
materiel.
applied to the majority
flexibility.
of the facade.
Front Porch
Cultured Sone Base
Enhances sense of
Change In material
arrival by locating
at the base of the
space to relax
building helps grounds
immediate;y near
the building mass.
building entrance.
I, the undersign , do hereby agree to each condition of this Conditional Use Permit.
11 1r1Zy
(Applicant) M#V �� I � J- Date
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
f law arv. ,r , 2022, by �\'.c_1�,� �\ -?-, . \�N �--
(name of person acknowledging)
Signature f Notary Public
ASHLEY RILEY
_Notary Public -State of Florida
Commission # HH 18679
My Commission Expires
July 07, 2024
Whom is personally known to me or whom has produced a valid identification.
(Owner) C (e,- A4.11 � f t , 0--Z 1. GG C- Date
STATE OF FLORIDA
COUNTY OF ?, \\j
The foregoing instrument was acknowledged before me this?� day of
Signs of Nota& Public
2022, by 1-a; C� o _\ 1` \ *Z
(Name of person acknowledging)
ASHLEY RILEY
L�¢;Notary Public -State of Florida
Commission # HH 18679
My Commission Expires
July 07, 2024
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on� -
1
Date
City Clerk
MPH HOTELS, INC.
100 2ND AVENUE SOUTH RETURN
SUITE 1103-S
SAINT PETERSBURG FL 33701
RETURN TO:
Rae Chidlow
City of Clermont
685 West Montrose St
Clermont, FL 34711
INSTRUMENT #k2022147011
OR BK 6051 PG 769 - 769 (1 PGS)
DATE: 11/9/2022 4:05:30 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT
AND COMPTROLLER, LAKE COUNTY, FLORIDA
RECORDING FEES $10.00
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. 2022-029R and agreed to and
accepted by the undersigned developer/applicant as of October 25, 2022 with regard to the following
described real property:
LOCATION: Vacant parcel located southwest of US 27 and Hammock Ridae Road
Alternate Key #3890913
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 (r`ef4o,p41'�L fYI22 (,(,(, Applicant M0 l�� Tih G
Printed Name and Title Printed Name and Title
STATE OF FLORIDA: 1�� µ6KG'f4r
COUNTY OF
I HEREBY CERTIFY that on this `day of �ovam�r , 2022, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to tal owledgements,
personally appeared t-A ,cNN,�\ -i?, , who is ftersmally know me or who has
produced ��� as identification, and who executed the foregoing
instrument, and who did take an oath.
My commission expires:
NOTA PofPUBLIC
�;aJP�%, ASHLEY RILEY
P400V
,;Notary Public -State of Florida
Commission ff HH 18679
=+My Commission Expires
''fit July 07, 2024