Resolution No. 2023-039R6
CLE ' M, CITY OF CLERMONT
mod« RESOLUTION NO.2023-039R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR AN AUTOMOTIVE
QUICK LUBE AND OIL CHANGE BUSINESS IN THE C-2 GENERAL
COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT,
SEVERABILITY, THE 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 3, 2023, recommended approval of this Conditional Use Permit
to allow for an automotive quick lube and oil change business in the C-2 General Commercial
zoning district, at the following location:
LOCATION:
Vacant parcel located between Roper Boulevard and
Caspian Lane on the west side of US Highway 27
(AK 3909643)
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 an automotive quick lube and oil change
business be constructed on a vacant parcel located between Roper Boulevard and Caspian Lane on
the west side of US Highway 27; 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.
S,
CLE ' M, CITY OF CLERMONT
0d«- RESOLUTION N0.2023-039R
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.
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. All redevelopment 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.
12. The property shall be developed in substantial accordance with the Conditional Use Site
Plan, prepared by Sloan Engineering Group, Exhibit A. 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.
CC
CLERI" 6N-r CITY OF CLERMONT
RESOLUTION NO.2023-039R
13. 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 USE
1. This Conditional Use Permit is to allow for an automotive quick lube and oil change service
facility to be constructed on a vacant parcel located between Roper Boulevard and Caspian
Lane on the west side of US Highway 27. The site may also be used for any other permitted
uses in the C-2 General Commercial zoning district.
2. The quick lube and oil change business is proposing the construction of an automotive
service building with three service bays at this facility. All automotive services will be
performed inside the service bays.
3. The development of the site must comply with the Clermont Land Development
Regulations and adopted construction standards. The site shall be similar in design to the
Conceptual Plan Layout, Exhibit A.
4. The building shall be designed in a manner that complies with the City of Clermont's
Architectural Design Standards as represented in the Conceptual Building Elevations,
Exhibit B.
5. The project includes a waiver to allow the existing billboard on the south side of the
property to remain in place for the duration of the current lease agreement with Lamar
Outdoor Advertising. The billboard shall be removed no later than July 15, 2043.
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'
CLERWONT CITY OF CLERMONT
- I � —' �, RESOLUTION NO.2023-039R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 24 b day of October 2023.
AN
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ATTEST:
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Tracy Ackroyd How6, MMC
City Clerk
Approved as to form and legality:
Dame antzans, i rney
CITY OF CLERMONT
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Tim Murry, ayory
CLER NT
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CITY OF CLERMONT
RESOLUTION NO.2023-039R
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RESOLUTION NO.2023-039R
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I, the undersigned, do hereby agree to each condition of this, Conditional i Ise Permit
/A, cant) Date
S TE OF FL(4IDA
COUNTY OF {�
The foregoing instrument was acknowledged before me this day of
, 2023, by e4t"S� IQS C 4 e
(Owner)
(name of
'ublic
•1pBY p(i"•,
+ ;•:Q.• •••�•„: AMBER GRIFFIN
•i *` MY COMMISSION # HH 331583
EXPIRES: March 10. 2027
cnown to me or whom has produced a valid identification.
10 1
Date
Rom' STATE OF FL-GRiE) O REC1004
3 COUNTY OF "U L''T N ON A H
O
The foregoing instrument was acknowledged before me thisZ & day of
OGTO Cif- , 2023, by --j?W-rWA ry %TI= %= P.c Dmu,2V
(Name of person acknowledging)
—.. OFFICIAL S1AMP
RLnWA NITEEN DHURU
j NOTARY PUBLIC - OREGON
Signature of Notary Public COMMISSION 140.1031050
MY COMMMSSION EAMF.S NOVEMBER 17, 2M
Whom is personally known to me or whom has produced a valid identification.
°J Receiv in the office of the City Clerk on 10-
Date
;f---
INSTRUMENT#: 2023133126 OR BK 6234 PG 1022 PAGES: 1 10/30/2023 2:05:43 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $10.00
RETURN TO:
Kathy Heard, CMC
City of Clermont
685 West Montrose St
Clermont, FL 34711
5BORT 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. 2023-039R and agreed to and accepted by the
undersigned developer/applicant as of October 24, 2023 with regard to the following described real property:
LOCATION: Vacant parcel located between Roper Boulevard and
Caspian Lane on the west side of US EQ�hwa% 27 (AK 3909643).
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 abovo-refetanced Conditional Use Permit,
IN WITNESS WREREOF, 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 - —
30HN ;—PAGHd1R3 &0NSALL
Printed Name and Title
STATE OF.Q. .09SQON
COUNTY OF N! V LTAI " j4H
I HEREBY CERTIFY tbot on this 1--6day of Tb§ fe % 2023, baforc me, by moans of
ysieal presence or [ 1 online notarization, so officer duly saborizod in the 9t aforesaid and in rho County aforesaid to take
aclmowledgementa, personally appeared J6N14 z M nN rtALl, who is pessonAlly known to me or who has produced
as identification, and who executed the foregoing instrument, end who did take an oath.
`�' . NOT
�A�yR�Y�aP,iiBUC OREWN
l` Jr 0DWS M N0.103 t=
\ ton n�� n iT.
Wrr rm-7 to ryA
COUNTY OF
PUBLX�, -- -
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1 HEREBY CERTIFY that on this I
Jbdayof MW L . 2023, before me, by means ofl� physioal presence or f 1 online noarization, an
of hoer duly nuthadzed m the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
who is personally known to nmor wbo has produced as idectifle"on, and
w3w executed the foregoing instrument, and who did take an oath.
AM Mt,IWFIN NOTARY IC ,�J��,�
l� f my commBBsM / HH 331 W My commission expires: dwVµ+�"
' ' WM Mpdt 10. 21)2T
CTLER ON CITY OF CLERMONT
Development Services
1 685 W. Montrose St.
Choice of ChampionsP.O. Box 120219
Clermont, FL. 34712-0219
352-394-4083
Fax: 352-394-3542
October 25, 2023
CSC Properties LLC
Attn: Scott Ciocca
5795 Ulmerton Road
#200
Clearwater, FL 33760
Re: Conditional Use Permit — Clermont Take 5
Dear Applicant,
The Clermont City Council approved your request for a Conditional Use Permit (Resolution No.
2023-039R) at their regular scheduled meeting held Tuesday, October 24, 2023.
Article IX of the City Zoning Ordinance provides that the Conditional Use Permit shall not become
effective for any reason unless and until the following events have occurred:
1. Permittees shall have agreed to each and every condition by properly executing and signing
the Conditional Use Permit.
2. Such Conditional Use Permit executed as indicated, along with a copy of the recorded
Conditional Use Permit short form, shall have been filed in the office of the City Clerk within
ninety (90) days of its approval by City Council. Upon expiration of this period, the permit shall
become null and void, and the permittees must apply for rehearing.
3. In the event of failure of the permittee to fulfill development in substantial accordance with
the plans as submitted to the Planning and Zoning Commission and the City Council; comply with
the codes of the governmental agencies having lawful and appropriate jurisdiction thereon; or meet
any of the terms of the Conditional Use Permit, the permit may be revoked after due public
hearings before the Planning and Zoning Commission and the City Council.
EXECUTION DATE: This Conditional Use Permit must be signed and returned along with a
copy of the recorded Conditional Use Permit short form to the office of the City Clerk, by January
23, 2024 or this permit shall expire and become null and void.
Cl-ERWONT
Choice of Champions'
CITY OF CLERMONT
Development Services
685 W. Montrose St.
P.O. Box 120219
Clermont, FL. 34712-0219
352-394-4083
Fax: 352-394-3542
Enclosed is a copy of the Resolution with the conditions of the Conditional Use Permit. Please
sign the signature page in the presence of a notary public and return it to the office of the
Development Services within ninety (90) days (due January 23.2024) along with a copy of the
recorded short -form, or the Conditional Use Permit will become null and voided.
The Conditional Use Permit will not be effective until both documents have been received by the
City Clerk's office. Please mail these documents to:
Attn: Development Services
685 W. Montrose Street
Clermont, FL 34711.
Once both items have been received, they will be delivered to the City Clerk's office.
Below is the address for the Lake County Clerk of Courts where the short -form needs to be
recorded. If mailed for recording, please contact Lake County Clerk of Courts for the recording
fee and mail a check with the documents.
The Public Records Center is located at:
Lake County Courthouse
550 W. Main Street
Tavares, FL 32778
Thank you for your cooperation. If you have any questions, please feel free to contact me at
352-241-7335.
Sincerely,
Kathy Heard, CMC
Planning & Development Coordinator