R-07-1514CITY OF CLERMONT
RESOLUTION
NO. 1514
Page 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR AN AMENDMENT OF
RESOLUTION NO. 1406 FOR THE OPERATION OF A RESTAURANT
AND BAR.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held February 6, 2007 recommended for approval of this
Conditional Use Permit to allow for an amendment of Resolution No. 1406 for the operation of a
restaurant and bar at the following location:
LOCATION
848 W. Osceola St. (along Lake Minneola)
The City Council deems it advisable 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 an amendment of Resolution No. 1406
for the operation of a restaurant and bar; be granted subject to the following conditions:
CONDITIONS:
Section 1-General Conditions
1. The property shall be developed in substantial accordance with the conceptual site plan as
prepared by McCoy & Associates and dated 1/9/07. Construction plans incorporating all
conditions of this permit shall be submitted for review and approval by City staff prior to
authorization and issuance of a development permit. The conceptual plan submitted with the
CUP application is not an approved site plan.
2. Landscape buffers shall be constructed along Osceola St. and around the car parking
areas to screen them from public view. The nature of this buffer will be determined by staff
during site plan review.
~. All parking areas shall be paved and constructed to meet the minimum city requirements.
CATTY OF CLERMONT
RESOLUTION
NO.1514
Page 2
4. Water structures shall be located at least 275 feet west of the western most portion of the
City's Eighth Street Pier, and if the water structures located west of the western property
boundary become a problem; the City Council reserves the right to require their removal.
5. Property shall be reserved for the realignment of the Lake Minneola Trail so that it ~ivill
run along the Lake Minneola shoreline rather than along Osceola St. If the trail is realigned,
property for the trail might be dedicated as right-of-way or provided by an easement.
6. The conditions as set forth in this Conditional Use Permit shall be legally binding upon
any heirs, assigns and successors in title or interest.
7. No further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
8. 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 approvals,
and obtaining necessary permits in accordance with the City of Clermont Land Development
Regulations and those of other appropriate jurisdictional entities.
9. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
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. The Conditional Use Permit must be executed an filed in 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.
12. This permit shall become null and void if substantial construction work has not begun
within two (2) years of the date of this Conditional Use Permit is executed and signed by the
permittee. "Substantial construction work" means the commencement and continuous
prosecution of construction of required improvements ultimately finalized at completion.
Section 2 -Land Use
1. Permitted uses shall include a restaurant and bar. Any other uses, unless permitted in the
CBD zoning district, must be approved by another Conditional Use Permit.
2. The restaurant and bar authorized herein shall be operated to ensure that the use does not
create a nuisance to others or pose a serious threat to the public, health, safety and welfare of
others.
CITY OF CLERMONT
RESOLUTION
NO. 1514
Page - 3
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 27th DAY OF FEBRUARY 2007.
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ATTEST: r ~
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Harold Turville, Mayor
Tracy Ackroyd, Cii~ Clerk