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Resolution No. 2023-011RS CLERMON-t CITY OF CLERMONT RESOLUTION NO.2023-011R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT, RESOLUTION 2012-21 AND RESOLUTION 2022-003R TO INCLUDE ADDITIONAL USES WITHIN THE PROPERTY; 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 May 2, 2023 recommended approval of this Conditional Use Permit Amendment; at the following location: LOCATION: 846 & 848 West Osceola Street Salt Shack (AK 3784611 & 1616891) 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 Amendment, Resolution 2012-21 and 2022-003R to allow a restaurant greater than 3,000 square feet; 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. 'S CLER CITY OF CLERMONT C�dC RESOLUTION NO.2023-011R 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, as shown in Attachment A, 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 and in Attachment B 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. Permitted uses shall include a restaurant over 3,000 square feet at 846 West Osceola St., as well as uses permitted with the CBD Central Business District. Outdoor dining may occur in the area east of the restaurant, as indicated on Attachment A, Outdoor Dining Area. d~ CLER' M, CITY OF CLERMONT ��d« RESOLUTION NO.2023-OIIR 2. The existing 4,040 square foot building (west of the restaurant) shall only be permitted for storage and a 150 square foot office space, directly associated with the restaurant use. Any warehouse rental operations or similar use shall not be permitted. No other uses shall be permitted without a Conditional Use Permit amendment. No signage shall be permitted on the existing 4,040 square foot building. 3. This Resolution will repeal and replace Resolution 2012-21 and 2022-003R. 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. d' C ,LERWONT CITY OF CLERMONT � RESOLUTION NO.2023-011R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 23rd day of May 2023. CITY OF CLERMONT r !► �� TL Tim Murry, Nhy0'r ATTEST: Tr ey,Ackrq,yd Howe, MMC , icy Clerk "•4 npgvednm and legality: •........ v S CLER ' NT CITY OF CLERMONT Ch fc RESOLUTION NO. 2023-011R Attachment A: Existing Site Plan & Outdoor Dining Area Lake Mlnnedo - ----------- L o I S- , ,. ,... O Easterly along shoreline 318' .iT a C• bw + 11Z Point Intersection of the Yle.1 the of Eighth Street, eetended, and the ■ �'^ Sodtherly shore line of lake Mk m,eda 1 ` Parcel 1 ' a , I Outdoor s Dining -� - Area story Commercial Restourant T - concrete block budding I ' t © :O.CO Utility sement Per 0 R. •593. 55 s.e a«k S89°46'31'W 197,61' (M) ` d' CLERMOIT CITY OF CLERMONT --_11Z,�1' RESOLUTION NO. 2023-011R Attachment B — Legal Description: SALT SHACK LEGAL DESCRIPTION Property Description Parcel 1: The land referred to herein below is situated in the County of Lake, State of FL, and is described as follows: BEGIN at the intersection of the West line of Eighth Street, extended, and the Southerly shore line of Lake Minneola, according to the Official Map of Clermont, recorded in Plat Book 8, Pages 17 through 23, inclusive, Public Records of Lake County, Florida, run thence Southerly along the West line of Eighth Street to a point 54 feet Northerly, measured at right angles, from the center line of the Seaboard Coast Line Railroad Company's main tract; thence Westerly, parallel with the center line of said main track 200 feet, more or less, to the point of intersection with a line parallel to and 30 feet Southerly, measured at right angles, from the center line of the former Tavares and Gulf Railroad Company's main track as formerly located; thence Westerly along said line parallel to said center line of Tavares and Gulf Railroad Company's former track, 287.5 feet, more or less, to the east line of West Avenue, Official Map of Clermont; thence North along the East line of West Avenue extended to the Southerly shore line of Lake Minneola; thence Easterly along said shore line 490 feet, more or less, to the POINT OF BEGINNING. Also: The East 112.5 feet of the following described parcel of land: BEGIN at the intersection of the East line of West Avenue with the North line of Osceola Street, in Clermont, Lake County, Florida; thence run North along the East line of West Avenue 35 feet, more or less, to the right-of-way of the Tavares and Gulf Railway; thence in an Easterly direction 300 feet along said right-of-way; thence South to the North line of Osceola Street; thence West 300 feet to the POINT OF BEGINNING. Less the following: Commence at the intersection of the East right of way line of West Avenue with the North right of way line of Osceola Street in Clermont, Lake County, Florida, thence run North 00°04'04" East along said East right of way line of West Avenue for a distance of 43.10 feet to the POINT OF BEGINNING; thence continue North 00°04'04" East along said East right of way line for a distance of 161 feet, more or less, to a point on the shoreline of Lake Minneola, said point hereafter referred to as point "A"; thence return to the POINT OF BEGINNING and run South 84°57'54" East for a distance of 187.98 feet; thence run North 00°02'22" West for a distance of 148 feet, more or less, to a point on the shore line of Lake Minneola; thence run Westerly along said shoreline to the aforesaid point "A". Parcel 2: Together with Non -Exclusive Easement for the benefit of Parcel 1 above, as set forth in that certain Non -Exclusive Access Easement between the City of Clermont, and Lilly Pad Lodge, LLC, recorded March 10, 2014 in Official Records Book 4449, Page 972, of the Public Records of Lake County, Florida. Parcel 3: Together with Non -Exclusive Easement for the benefit of parcel 1 above, as set forth in that certain Non -Exclusive Stormwater Utility Easement and Stormwater Pond Use Agreement between the City of Clermont, and Lilly Pad Lodge, LLC, recorded March 10, 2014 in Official Records Book 4449, Page 976, of the Public Records of Lake County, Florida. INSTRUMENT #2023073175 OR BK 6162 PG 666 - 667 (2 PGS) DATE: 6/19/2023 112:08 PM GAF J. COONOLLER, LAKEEY, CLERK OCOUNTY, FLORIDA F: THE CIRCUIT COURT RETURN TO: AND COMPTR Rae Chidlow RECORDING FEES $18.50 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. 2023-OIIR and agreed to and accepted by the undersigned developer/applicant as of August 21.2023 with regard to the following described real property: LOCATION: 846/848 Osceola Street Alternate Key #3784611 & 1616891 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 o Property Own Owner Ve y-0-�,I,c.�( 'Wov n Lowoev) Printed Name and Title STATE OF FLORIDA: COUNTY OFYl Q� : f: plicant Printed Name and Title I HEREBY CERTIFY that on this Stday of Mfttj 2023, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared �Ikf ry..o S ) , who is personally known to me or who has produced 1=((}6r_Qp I�yx U& as identification, and who executed the foregoing instrument, and who did take an oath.., Mean 5 c)f &Ti ca ( 1p rew nce . lskills My commission expires: Ap6) . 1 -,102_' f L Qc�c��� oa,`'�N�CA c�� o%,' NOTARY PUBLIC ° •MY Comm Z • April Expires : Cn No. G l4. 2024 : C/) 9891g2 e to � �is�CC •�!BLIG•,..•�QP�.� 4-0 c� .Q CL Er W O x a v U I, a un isigned do hereby agree to each condition of this Conditional Use Permit. Z3 pplicant) Date STATE OF Fl,qp,IDA COUNTY OF H ) IS b Q K0 c./ fh The foregoing instrument was acknowledged before me this J It n 1: tP day of �YL>✓ , 2023, by G Y(k e int, f�-ru s e r . (name of person acknowledgin ) :rev' BETHANNAM.K. ZEITOUNI V ?4 �' Notary Public - State 2 Florid Commission # GG 921928 My Comm. Expires Oct 10, 2023 *SignatureAoft:Ltary APublic Bonded through National Notary Assn. Whom is personally known to me or whom has produced a valid identification. (Owner) STATE OF FLORIDA COUNTY OF ©l' kt *,j 51311a�3 Date The foregoing instrument was acknowledged before me this 3 day`Q0 ' 1 i ll ,i4l.,,er ® pN 2023, by l 6WY `�`�Q ......... O T9 o�ir y IY)eq�lS { piv�sl'cu t fir ,*tce . (Name of person acknowledg ng Apr11 14 Expires! D = -A NO Gc' 9691 '82 ? 6) 0 d C , oF. F LO�eea��� Signature of Notary Public "r r 111 a 0 Whom is personally known to me or whom has produced a valid identification. Received in the office of the City Clerk on „ LAW .Qra()Q Date City Clerk