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Resolution No. 2024-027R6 CLER' M, CITY OF CLERMONT d RESOLUTION NO.2024-027R 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 C-2 GENERAL COMMERCIAL 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 August 6, 2024, recommended approval of this Conditional Use Permit to allow for a private school in the C-2 General Commercial zoning district at the following location: LOCATION: 102 South US Highway 27 (Alternate Key 1071127) 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 C-2 General Commercial 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. S CLER' -r CITY OF CLERMONT Ch-40 p- RESOLUTION NO.2024-027R 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. 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. 8. 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 80 special needs students. All building and fire safety codes must be in compliance with the Federal, State, County, and Local jurisdictions requirements for a private school. The Dream Academy is a therapeutic school servicing students from kindergarten to 8t' grade. 2. The hours of operation shall be 8:30 AM until 2:30 PM, Monday through Friday. 3. The maximum number of students shall not exceed 80 students per academic year. 4. Parents will be required to park their vehicles and safely walk the student to the school for student pick up and drop off services to the building. d✓ CITY OF CLERMONT ��E RESOLUTION NO.2024-027R 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. 6. The private school currently has 15 employees, and the school is required to ensure sufficient parking is available for any future growth. 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. CLER • CITY OF CLERMONT ,, RESOLUTION NO.2024-027R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 27t' day of August, 2024. CITY OF CLERMONT Tim Murry, Ma r ATTEST: Tracy Ackroyd H we, C City Clerk s- CITY OF CLERMONT C�ER� RWOE RESOLUTION NO.2024-027R EXHIBIT A INSTRUMENT#: 2024116602 OR BK 6409 PG 319 PAGES: 1 10/3/2024 11:54:45 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $10.00 RETURN TO: City of Clermont RETURN � evelopment Services Dept. K685 West Montrose St Clermont, FL 34711 SHORT FORM CONDITIONAL USE PERMIT THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit adopted and approved by the Clermont City Council by Resolution No. 2024-027R and agreed to and accepted by the undersigned developer/applicant as of August 27, 2024 with regard to the following described real property: LOCATION: 102 South Highway 27 (Alternate Kev 1071127 ) and is for the purposes of providing notice to all interested parties, the assigns, successors and heirs of the undersigned developer/applicant and all future owners of the above -referenced property that the real property described above is subject to the terms and conditions of the above - referenced Conditional Use Permit. IN WITNESS WHEREOF, the undersigned has duly executed this Short Form Conditional Use Permit as of the day set forth below. Signed, -led and delivered in the presence of: _* X. Propertyliwner Applica t 17 ``,� Y a\ e S , L�Q L ii?_ -P_� V Cam. C�_ �w � Printed Name and Title Printed Name and Title STATE OF FLORIDA: COUNTY OF L 4K P, IEBY CERTIFY that on this 3 tz day of 5� p�- , 2024, before me, by means of [ physical presence or [ ] online notarization, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared -Dole_ Ladd 4-• L.0 Z'c l Cya� who is personally known to me or who has produced as identification, and who executed the foregoing instrument, and who did take an oath. .+o,21— -.. N6TARY PU$ LIC My commission expires: OGDEN '.; MY COMMISSION 4 HH 115104 EXPBonQeIRES: August 1, 2025 ThM N.Wy Public Und.,ft n c U Q 2 SIGNATURE PAGE I, enders gne , do reby agree to each condition of this Conditional Use Permit. (Applic n Date STATE OF FLORIDA COUNTY OF Loc:j- The foregoing instrument was acknowledged before me this 3Q^day of 2024, by f (name of person acknowledging) MIMI OGDEN MY COMMISSION # HH 115704 ,Q°`= EXPIRES: August 7, 2025 Sign re of Notary Public F ••. o, •..�OF F��, Bonded 7htu Notary Public Underwriters Whom is personally known to me or whom has produced a valid identification. q-3t-Zq (Owner? Date STATE OF FLORIDA COUNTY OF "I<I , The foregoing instrument was acknowledged before me this 3 Q day of S off-• , 2024, by (Name of person acknowledging) 4 MIMI OLDEN MY COMMISSION # HH 115704 + lic EXPIRES: August 7, 2025 Si e of Not Pub''�' aF�� � Bonded Thn, Notary Public Underwriters Whom is personally known to me or whom has produced a valid identification. L Received in the office of the City Clerk onc�r Qj c Date a1 u City40erk RETURN TO: City of Clermont RETURN evelopment Services Dept. ��6185 West Montrose St Clermont, FL 34711 INSTRUMENT #2024116602 OR BK 6409 PG 319 - 319 (1 PGS) DATE: 10/3/2024 11:54:45 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT AND COMPTROLLER, LAKE COUNTY, FLORIDA RECORDING FEES $10.00 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. 2024-027R and agreed to and accepted by the undersigned developer/applicant as of Au,-,ust 27. 2024 with regard to the following described real property: LOCATION: 102 South Hiahwav 27 (Alternate Kev 1071127) 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, sed and delivered in the presence of: t Property Owner Applic t Ir � Printed Name and Title Printed Name and Title STATE OF FLORIDA: COUNTY OF I HFJ,REBY CERTIFY that on this 3 p day of S , 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 '1i ale Lad ci 3- Lr17�I &-aet•Q- who is personally known to me or who has produced as identification, and who executed the foregoing instrument, and who did take an oath. N�T46_ My commission expires: - ;`�ot!�"•'•`•'Qc� : MIMI OLDEN MY COMMISSION # HH 115704 -4+ �� ` EXPIRES: August 7, 2025 EXPIRES: PublicU _ T� Notary Public INSTRUMENT#: 2024116602 OR BK 6409 PG 319 PAGES: 1 10/3/2024 11:54:45 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $10.00 RETURN TO: City of Clermont RETURN �6185 evelopment Services Dept. West Montrose St Clermont, FL 34711 SHORT FORM CONDITIONAL USE PERMIT THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit adopted and approved by the Clermont City Council by Resolution No. 2024-027R and agreed to and accepted by the undersigned developer/applicant as of August 27, 2024 with regard to the following described real property: LOCATION: 102 South Highwav 27 (Alternate Kev 1071127) and is for the purposes of providing notice to all interested parties, the assigns, successors and heirs of the undersigned developer/applicant and all future owners of the above -referenced property that the real property described above is subject to the terms and conditions of the above - referenced Conditional Use Permit. IN WITNESS WHEREOF, the undersigned has duly executed this Short Form Conditional Use Permit as of the day set forth below. Signed, se ed and delivered in the presence of: Property Owner '3O a\ e S . I_C'� Printed Name and Title STATE OF FLORIDA: COUNTY OF L aK P k _ Applica t V C, � •IA, � Y Printed Name and Title I H EBY CERTIFY that on this 3�_day of Sepli- , 2024, before me, by means of [v] ph sical presence or [ ] online notarization, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared -Dale_ Ladd 4- I-uul &4r6a• who is personally known to me or who has produced as identification, and who executed the foregoing instrument, and who did take an oath. �NTY PU$LIC My commission expires: :.• MY COMMISSION # HH 115704 EXPIRES: August 7, 2025 '.ROF FAO•.••• B-ded 7?yu Notary Public Undarwriigry c c� U CL a 2 SIGNATURE PAGE I, unders gne , do reby agree to each condition of this Conditional Use Permit. (Appl nt) Date STATE OF FLORIDA COUNTY OF L aV-e The foregoing instrument was acknowledged before me this ._day of '�:N-- , 2024, by _L-%Azw ,\ tf ; a (name of person acknowledging) %% t�►'q•• MIMIOGDEN : MY COMMISSION # HH 115704 ` EXPIRES: August 7, 2025 Signa re of Notary Public '''F�FF�e Bonded Thru Notary public Underwriters Whom is personally known to me or whom has produced a valid identification. a3t-zj (Owner) Date STATE OF FLORIDA COUNTY OF i--al<la. The foregoing instrument was acknowledged before me this- -3 0 day of rn04-• , 2024, by S, 1_ccO, (Name of person acknowledging) MIN MY COMMISSIONSSION # # HH 115704 ,+�o= EXPIRES: August 7, 2025 Sign e of Notary Public `' FOg °``' j Bonded Thru Notary public Underwriters Whom is personally known to me or whom has produced a valid identification. r_ Received in the office of the City Clerk on ��Tel' , 2. o Z y a u Date 'v City Clerk