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R-04-1406 CITY OF CLERMONT RESOLUTION NO. 1406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT ON THE SECOND FLOOR OF AN EXISTING WAKEBOARD CAMP. WHEREAS, the Planning and Zoning Commission of the City of Clermont, L~lce County, Florida at a meeting held September 7, 2004 approved this Conditional Use Permi~ to allow for the operation of a restaurant on the second floor of an existing wakeboard camp at lthe following location: LOCATION 848 W. Osceola Street 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 Clermojnt, Lake County, Florida that: This application for a Conditional Use Permit to allow the operation of a restaurant on the second floor of an existing wakeboard camp; 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 August 6, 2004. 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 and bgat parking areas to screen them from public view. A Landscape buffer in excess of code may be required to screen the boat parking area. The nature of this buffer will be determined by stiff during site plan review. • • CITY OF CLERMONT RESOLUTION NO. 1406 Page - 2 - 3. Permitted uses shall include the wakeboard camp, boardinghouse, restaurant, and bar. All other uses must be approved by another Conditional Use Permit. 4. All parking areas shall be paved and constructed to meet the minimum city requirements. 5. Boat trailers and equipment associated with the wakeboard camp shall be parked on ~ite and shall not interfere with the required car parking. 6. 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. 7. Property shall be reserved for the realignment of the Lake Minneola Trail so that it v~ill run along the Lake Minneola shoreline rather than along Osceola St. If the trail is realigned, property for the trail shall be dedicated as right-of--way or provided by an easement. • 8. The conditions as set forth in this Conditional Use Permit shall be legally binding up~n any heirs, assigns and successors in title or interest. 9. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 10. 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 necessa~`y approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 11. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 12. 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. 13. The Conditional Use Permit must be executed and 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. • 2 • CITY OF CLERMONT RESOLUTION NO. 1406 Page - 3 - 14. This permit shall become null and void if substantial construction work has not begun within two (2) yeazs 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 the wakeboazd camp, boardinghouse, restaurant, and bar. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 26th DAY OF OCTOBER 2004. • az Id Turville, Mayor Atte~#: r racy Ackroyd, City Cler ^ , .it u