Resolution No. 2023-047RE,
CITY OF CLERMONT
C d RESOLUTION NO.2023-047R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A CHILDCARE
FACILITY IN A PLANNED UNIT DEVELOPMENT ZONING DISTRICT;
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 on December 5, 2023, recommended approval of this Conditional Use
Permit to allow for a childcare facility at the following location:
LOCATION:
The Learning Experience
Vacant parcel west of the intersection of US Highway 27
and Bella Lago Drive
Alternate Key 3890913 & 3877642
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 applicant has applied for a Conditional Use Permit to allow for a childcare
facility to be located in a Planned Unit Development Zoning District, with C-1 permitted uses, the
subject parcel is part of the Tuscany Village Planned Unit Development Master Plan (Resolution
No. 1532) also known as The Shoppes at Hammock Ridge Phase 3;
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:
This application for a Conditional Use Permit to allow for a childcare facility be located in
Planned Unit Development zoning district, be granted subject to the following conditions:
SECTION 1: GENERAL CONDITIONS
This Resolution shall inure to the benefit of, and shall constitute a covenant running with
the land and the terms, conditions, and provisions hereof, and shall be binding upon the
present owner and any successor in title or interest, and shall be subject to each and every
condition herein set out.
C
CLER NT CITY OF CLERMONT
Ct.,, RESOLUTION N0.2023-047R
2. Upon approval of the resolution the aforementioned property shall only be used for the
purposes described herein. No further expansion of the use or additions to this project shall
be permitted except as approved by another Conditional Use Permit. Any other proposed
use shall be specifically authorized by amendment and approval of the City of Clermont
City Council.
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. Prior to the issuance of any permits, the applicant shall be required to submit formal site
plans for review and approval by the City of Clermont Site Review Committee. 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.
5. No business can occupy any portion of the building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Development Services
Department.
6. The Conditional Use Permit must be executed and processed through the office of the City
Clerk within 90 days of its date of grant 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.
The structure shall be inspected by the Fire Marshal for life safety requirements. All
requirements must be met prior to any Certificate of Occupancy being issued.
9. The structure shall be inspected by the City Building Inspector and all building code
violations must be corrected prior to the issuance of a Certificate of Occupancy.
10. 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.
11. This permit shall become null and void if substantial work has not begun within two (2)
years of the date of issuance of this Conditional Use Permit.
' CITY OF CLERMONT
C.d RESOLUTION NO.2023-047R
SECTION 2: LAND USES AND SPECIFIC CONDITIONS
1. This Conditional Use Permit is to allow for a childcare center with up to 12,275 square feet
to be located in the Tuscany Village Planned Unit Development (Resolution No. 1532),
also known as The Shoppes at Hammock Ridge. The Planned Unit Development allows
C-1 Light Commercial permitted uses. The childcare center will allow up to the maximum
of 232 children, and the parents will be required to park their vehicles and sign their
children into the center. The project shall not have any pick-up and drop-off areas. The
center hours of operation will be 6:00 am to 6:30 pm, Monday thru Friday.
2. The property shall be developed in substantial accordance with the Preliminary Conceptual
Site Plan (Exhibit A) prepared by Planeng, Inc. The conceptual plan submitted with the
Conditional Use Permit application is not an approved site plan. Formal construction plans
incorporating all conditions stated in this Permit shall be submitted for review and
approved by the Site Review Committee prior to the issuance of a Zoning Clearance or
other development permits. The site will be required to comply with the Clermont
Architectural Design Standards and Land Development Codes.
3. The site may also be used for any permitted use in the C-1 Light Commercial zoning
district. All uses must adhere to the requirements of the Land Development Code.
4. The childcare facility playground area must be completely screened from adjacent
properties and public streets.
5. In the event the operation of the use as authorized herein results in three (3) documented
violations of City Code Chapter 34, Article II, "Noise" as may be amended or revised, in
any thirty (30) consecutive -day period as verified by staff, this Conditional Use Permit
shall be presented to the City Council for consideration of further conditions or revocation
of this Conditional Use Permit.
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=
CAE MOB CITY OF CLERMONT
�.� RESOLUTION NO.2023-047R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 12th day of December, 2023.
CITY OF CLERMONT
Tim Murry, Ma r "A
Tracy Ackroyd Howe, ,MMC
City Clerk
Approved as to form and legality:
o�
Darzans,�--Attorn�y
d,
CLERWONT CITY OF CLERMONT
- RESOLUTION NO. 2023-047R
Exhibit A — Preliminary Conceptual Site Plan
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RETURN TO:
City of Clermont
Development Services Dept.
Attn: Kathy Heard
685 West Montrose St
Clermont, FL 34711
INSTRUMENT #2024011038
OR 8K 6277 PG 578 - 579 (2 PGS)
DATE. 1,130/2024 2:49:29 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT
AND COMPTROLLER, LAKE COUNTY, FLORIDA
RECORDING FEES $18.50
SHORT FORM CONDITIONAL USE PERMIT
THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit
adopted and approved by the Clermont City Cauncil by Resolution No. 2023-047R and agreed to and
accepted by the undersigned developer/applicant as of December 12.2023 with regard to the following
described real property:
LOCATION: Vacant narec located %pest of US Highwav 27
and Belk• La go Ike
(Alternate "e% # 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.
N WITNESS WHERI#OF, 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
5hoppes at hammock Ridge Crossings, LMC
by: Tula reen Wave, LLG, Manager N/A
Prope y ne Applicant
N/A
Printed Name and Title Printed Name and Title
STATE OF FLORIDA:
COUNTY OF Dkca.rtq,e-
I HEREBY CERTIFY that on this all day of bees mbex- . 2023, before me, by means of
[ j physical presence or [ J online notarization, in officer duly authorized in the State aforesaid and
in the Co ai a acknowledgements, personally appearedT&wW-5 passe ,
who i rsonall known to or who has prokuced as identification, and who
executed the oregotng instrument, and who diG_ take an oath.
My commission expires: Se,,O+ - al, "Z- 7
NOTARY PU
', }
MILDRED ROTGER
Notary Public • State of Florida
_
Bonded
Commission X HH a67171
My Comm. Expires Sep 2 t, 2027
tnrougn National Notary Assn.
1, the undersigned. do hereby agree to each condition of this Conditional Use Permit.
(Applicant) Date
«- STATE OF FLORIDA
M COUNTY OF f c o
EL
CL The foregoing instrument was acknowledged b0bre me this �� d �� ut
1�iE C. c 0., L r , . 2023, by
(name o.' person acknowlodw 0100 CDLE
Noun Pt,bHc • State of Fwnaa
4 CanTusia+r NN 4624t4
My COMM. bDtrts Nos 0, 2021
SiLmaturc ofNotar\ Public
Whom is personally known to me or whom has Kroduced a valid idcntitirtstitn.
Shoppes at Hammock Ridge Crogsinge, LL.
by: Tula een a7,C, Manager —
,Manager 12/27/2023
r) Date
STATE OF FLORIDA
COUNTY OF 094 ✓79 e-
The foregoing instrument was acknowledged bet xe me this o2 -7 day of
—'\ec�eM �✓ .
2023, by .Ja,"c-s P-4s s ;
(Nainc t t person itt.'kno%%lodging)
Signature of N ubliC
gn OtAiy
r+" MILDRED ROTGER
Nota Pubtk • state of Flonda
tt� �� ry
Commission 0 HH 467171
. My Comm. Expires Sep 21, 2027
Sonata through National Notary Assn.
Whom is personally kno%%n to me tlr �%hom ha. ryoduccd a valid identification.
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� Received in t e office of the City Clerk on 1—o "-Z 7
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