Resolution No. 2024-036Rck
CITY OF CLERMONT
C ., RESOLUTION NO.2024-036R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A CONTAINER
BUILDING IN THE CENTRAL BUSINESS DISTRICT (CBD) 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 November 5, 2024, recommended approval of this Conditional Use
Permit to allow for a 160 square foot container building to be located in the Central Business
District (CBD) zoning district at the following location:
LOCATION:
A Portion of the Northwest Corner of
782 West Montrose Street
(Alternate Key 1714001)
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 160 square foot container building to
be located in the Central Business District (CBD) zoning district be granted subject to the
following conditions:
SECTION 1: GENERAL CONDITIONS
1. 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.
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• CITY OF CLERMONT
Q ,, ,. RESOLUTION NO.2024-036R
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.
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
1. This Conditional Use Permit shall grant approval to allow for a 160 square foot container
building in the Central Business District. The container building shall be constructed in a
manner that provides architectural elements and features to enhance the building features
to be compatible with the surrounding areas and as shown at the end of this Resolution,
which was presented during the City Council meeting.
2. In the event the leased space is not renewed in the future, a new Conditional Use Permit
will be required at any other location.
3. The Conditional Use Permit will allow for the waiver of the one (1) parking space
requirement for the Land Development Code, Section 115-14.
S-
C LER ' M CITY OF CLERMONT
G.d« RESOLUTION NO.2024-036R
4. Prior to the final Certificate of Completion (COC) for the Midpoint Recreation project, the
existing 5 space carport directly south of the project area must be fully repaired or removed,
as evidence of supporting building permit documentation.
5. The property shall be designed to comply with the Clermont Land Development Codes.
The Conceptual Plan (Exhibit A) is not an approved site plan. Formal construction plans
incorporating all conditions 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.
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.
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CLE ' M, CITY OF CLERMONT
�d RESOLUTION N0.2024-036R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 12th day of November 2024.
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Tracy Ackroyd Howe, MMC
City Clerk
Approved as to form and legality:
C
Ma tzar , ' fey
CITY OF CLERMONT
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Tim Murry, ayo
CITY OF CLERMONT
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C�ER RESOLUTION NO.2024-036R
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