Resolution No. 2022-038Rd'
CLERWONT CITY OF CLERMONT
«I * RESOLUTION NO.2022-038R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A VETERINARY
CLINIC IN THE C-2 GENERAL COMMERCIAL 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 November 1, 2022 recommended approval of this Conditional Use Permit
to allow for a veterinary clinic in the C-2 General Commercial zoning district; at the following
location:
LOCATION:
1670 East Highway 50, Unit E
Alternate Key 3790873
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 veterinary clinic in the C-2 General
Commercial zoning district; be granted subject to the following conditions:
SECTION 1: GENERAL CONDITIONS
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.
CANT CITY OF CLERMONT
RESOLUTION NO.2022-038R
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. 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.
SECTION 2: LAND USE
1. This Conditional Use Permit shall grant approval to allow for a veterinary clinic with a
range of services including, but not limited to: vaccinations, routine testing, dentistry,
standard surgeries and treatment for illness and injury.
d'
CLERMONT CITY OF CLERMONT
— RESOLUTION NO. 2022-038R
2. The veterinary clinic will be limited to small animals only, consisting of canine and feline
species. No large animals shall be allowed, such as horses, cows, swine, or other livestock
species.
3. The veterinary clinic may not offer grooming, boarding, or overnight stays.
4. The hours of operation for the veterinary clinic will be typical business hours, seven days
a week, between the hours of 8 am to 6 pm. The veterinary clinic may operate within these
hours of operation.
5. A waste management and operation plan shall be developed to properly deal with the
animal waste in an effort to minimize smells and unpleasant odors emitting from the site.
In the event that odors create a nuisance to the surrounding property owners, the City
reserves the right to open the Conditional Use Permit for further review and additional
conditions.
6. The renovations of the building shall include a higher STC rated wall and NRC acoustical
ceiling tiles to minimize sound transfer from the building. In the event that the noise levels
create a nuisance to the surrounding property owners, the City reserves the right to open
the Conditional Use Permit for further review and additional conditions.
7. The location of the veterinary clinic will be limited to Unit E, which is approximately
1,515 square feet, as shown below. Any expansions into other units will require an
amendment to this Conditional Use Permit.
1i
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SECTION 3: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
6
cLANT CITY OF CLERMONT
_ RESOLUTION NO. 2022-038R
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-
CLER%NT CITY OF CLERMONT
11,,,' RESOLUTION NO.2022-038R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 8th day of November 2022.
CITY OF CLERMONT
\,�11►.►.Tim Murry, N�qyor ' IN
Tracy Ackroyd owe, MMC
City Clerk
Approved as to form and legality:
I� the undersigned, do hereby agree to each condition of this Conditional Use Permit.
11/1
PP icant) Date
STATE OF FLORIDA
COUNTY OF Kct.vi o ✓)
c
Lj rum
The foregoing instrument was acknowledged before me this °� a day of
a
< N "'` , 2022, by LAILA rC,
parson acknowledging)
FEUX RODRIGUEZ
Notary Public, State of Honda
Commission# HH 243404
_ �oomm. expires Mardi 21. 2026
S�aim�na u
Whom tTo90y known to me or whom has produced a valid identification.
1A —
(Owner) Date —t
STATE OF FMKIMO141 O
COUNTY OF f'- A1VW-L4 N
The foregoing instrument was acknowledged before me this day of
J
O 17t; QJLM LU- , 2022, by
(Name ofr ion acknowledging)
_<
Sign ure ofNotary ublic
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on (�, lU "
�c Date
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4.
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u City Clerk
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INSTRUMENT 82022161985
OR 13K 6068 PG 954 - 954 (1 PGS)
DATE: 12/19/2022 12:15:40 PM
RETURN TO:
GARY J. COONEY, CLERK OF THE CIRCUIT COURT
AND COMPTROLLER, LAKE COUNTY, FLORIDA
Rae Chidlow
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 certain Conditional Use Permit
adopted and approved by the Clermont City Council by Resolution No. 2022-038R and agreed to and
accepted by the applicant as of November 8.2022 with regard to the following described real property:
LOCATION: 1670 E. HiQhway 50, Unit E
Alternate Key #3790873
and is for the purposes of providing notice to all interested parties, the assigns, successors and
heirs of the undersigned 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.
6Sign sealed and
%delivered in the presence of
a
pplicant
Printed Name and Title
STATE OF FLORIDA:
COUNTY OF PrQVl 6f-,
I HEREBY CERTIFY that on this a6t day of 2022, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowledgements,
personally peared 1 i C k who is personally known to me or who has
produced � � as identification, and who executed the foregoing
instrument, and who did take an oath.
NOTARY PUBLIQ
My commission expires:
SARA IRIZWY
Notary Pubk, State 0 Florida
Commiagont HH 271622
My Comm. MOSS Jule 5, 201