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Resolution No. 2024-022R(P CLER • CITY OF CLERMONT �dcRESOLUTION N0.2024-022R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PRIVATE SCHOOL IN THE R-2 MEDIUM DENSITY RESIDENTIAL 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 July 2, 2024, recommended approval of this Conditional Use Permit to allow for a private school in the R-2 Medium Density Residential zoning district at the following location: LOCATION: Brookside Church 100 East Minnehaha Avenue (Alternate Key 1626951) 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 a private school in the R-2 Medium Density Residential zoning district 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 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. 6— CLER' CITY OF CLERMONT Ch..,(c� RESOLUTION NO. 2024-022R 3. 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 voided. 4. 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. 5. 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. 6. 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. 7. Should approved uses cease operation for more than 180 days, a new Conditional Use Permit shall be required for the same or similar operations. In the event that parking at this site proves inadequate, the City reserves the right to open the Conditional Use Permit for further review and additional conditions that may include additional parking requirements or revocation of the Conditional Use Permit. 9. In the event that the noise levels create a nuisance to the surrounding property owners, the City reserves the right to open the Conditional Use Permit for further review and additional conditions. SECTION 2: LAND USE This Conditional Use Permit shall grant approval to allow for a private school with up to the maximum 15 special needs high school students, located at an existing church facility in the R-2 Medium Density Residential District. Any future development must be able to comply with the Land Development Regulations, and all building and fire safety codes must be in compliance to the Federal, State, County, and Local jurisdictions requirements for a private school. 2. The hours of operation shall be 8:00 AM until 6:00 PM, following the traditional school schedule with no weekends or nights. The school operation will be 8:15 AM to 3:15 PM with afterschool care until 6:00 PM. The maximum number of students shall not exceed 15 students per academic year. d CLER 6NT CITY OF CLERMONT RESOLUTION NO.2024-022R 4. The student pickup or drop-off system as presented in Exhibit A, shall be monitored to ensure sufficient vehicle stacking and traffic safety for the site. 5. No outside public address (PA) systems including "bull horns" or similar systems shall be used unless approved through an amendment to the 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. 6 CLER 'NT CITY OF CLERMONT �fC RESOLUTION NO.2024-022R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 23rd day of July, 2024. CITY OF CLERMONT Tim Murry, Ma r J)'au Tracy Ackroyd ITowe, MMC City Clerk CLERWONT CITY OF CLERMONT RESOLUTION NO.2024-022R EXHIBIT A 11CtJtt)aw wwWE • Os .� CM ttl•, It tCA- t et s / 1 14 ape • M M �•q? a•1 l!1M%! . rVllri to y p� 1m " i T ar..,,*yi ►s , r �t�tarr, t rt e*maw Qe4st"• r ..firt > w Cev*tr titer Dr' lute VVNKV to cttrttrtto to Qttrwwre] of, pavo int t,en1. t.,c g4*«t s�l1e a;e4s�.ril e • r 1 «. too i ......,..w cL tor0cw. ri a.7 c c rorw YtNt��M~Ytta►M s. �e�1'e„te��� i[Mhii ""1 el Al"/IN! t+AlsM %. fNMe tf i►-s •I twr M &*$of t "%*1 M w { +drat• flea& so"t•If am Yteo �� �i! Mr• !f iwMA w*w AF• Ilii ri► . ! N tcwLi t`•!yo W � 50 30o STUDENT DROP OFF/PICK-UP ., eL Kt s t. DT W ` % -Z" r 50 1 � jj +t►i�c�c t xa' i�1 14" 44 ' �w�M, ram,, �M,E{ • I ENTRANCE THE POTTER'S C. M.NNEHAH^ AVE: tow n - • v f+y1+4 .w.+a r gyp. . ourr • Mir'IF.• ACADEMY PROPOSED TRAFFIC FLOW Opto of ow vow arvow by Oftwcuoo ov' 6 /25/ 201 G 1 JPI„ I JPi L-XIT .v+rr.o *1004^ ao+F. .0% ! # Am$L.;. •cote do oowv;" 1 -50 15-os/ INSTRUMENT #2024091785 OR BK 6377 PG 1335 - 1335 (1 PGS) DATE: 8/7/2024 9:42:51 AM RETURN TO: GARY J. COONEY, CLERK OF THE CIRCUIT COURT City of Clermont AND COMPTROLLER, LAKE COUNTY, FLORIDA Development Services Dept. RECORDING FEES $10.00 685 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. 2024-022R and agreed to and accepted by the undersigned developer/applicant as of Julv 23, 2024 with regard to the following described real property: LOCATION: Brookside Church 100 East Minnehaha Avenue (Alternate Kev 1626951) 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, //s ed an del'. ered in the presence of: r f Property Owner �4c>ca L-DA vi, S � Printed Name and Title STATE OF FLORIDA: COUNTY OF L a 6e - adA plicant ' k�ShlI�Ki'vr Printed Name and Title I HEREBY CERTIFY that on thisay of : v , 2024, before me, by means of [ ] physical presence or [ ] online notarization, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared who is,personally known to me or who has produced as identification, and who executed the foregoing instrument, and who did take an oath. My commission expires: JOSHUA AMESBURY %)NotaryPublic State of Florida Comm# HH166995 Expires 9/5/2025 /�;� O ARY BLIC SIGNATURE PAGE I, the undersigned, do hereby agree to each condition of this Conditional Use Permit. k ate. r 07 (Applicant) Date STATE OF FLORIDA COUNTY OF 4a/.co U U a The foregoing instrument was acknowledged before me this g day of 2024, bybllhl('� (name of pez,son acknowledging) Si ate of N ublic �9 liWhom is personally known to n& or whom has produced a valid identification. ( wner) Date STATE OF FLORIDA COUNTY OF Jg[,, 3 The foregoing instrument was acknowledged before me thiszn� day of O 3v , 2024, by person acknowledging) (Name of p g g) :-g na of o ary Public F is IXhom is personally known to me or whom has produced a valid identification. vReceive the office of the City Clerk on u - Date +r City Clerk JOSHUA AMESBURY Notary Public State of Florida Commis HH166995 Expires 9/5/2025 JOSHUA AMESBURY NotaryPublic State of Florida Commis HH166995 Expires 9/5/2025