Resolution No. 2025-005Rd!
CAE • NT CITY OF CLERMONT
C,�C. ,� . RESOLUTION NO.2025-005R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A COMMERCIAL
BUILDING OCCUPYING MORE THAN 3,000 SQUARE FEET OF FLOOR
AREA IN THE CENTRAL BUSINESS DISTRICT (CBD); PROVIDING
FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION
OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE.
WHEREAS, the City of Clermont Planning and Zoning Commission of Lake County,
Florida, at a meeting held on February 4, 2025, recommended approval of the Conditional Use
Permit to allow for a commercial building occupying more than 3,000 square feet of floor area in
the Central Business District (CBD), at the following location:
LOCATION:
935 W. Minneola Avenue
South of W. Minneola Ave. and west of West Ave.
Adjacent to Victory Pointe Stormwater Project
(Alternate Key #2558245)
WHEREAS, from the evidence presented at the public hearing and after consideration of
the factors set forth in Sec. 101-212 (c) 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:
This application for a Conditional Use Permit to allow a commercial building to occupy more than
3,000 square feet of floor area in the Central Business District (CBD), 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.
6
CLE - M, CITY OF CLERMONT
Ch—dch..pbc RESOLUTION NO. 2025-005R
2. No expansion of the use or additions to the facility shall be permitted except as approved
by another Conditional Use Permit.
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.
4. The structure shall be inspected by the Fire Inspector for life safety requirements and all
requirements must be met prior to any Certificate of Occupancy being issued.
The structure shall be inspected by the Building Inspector and all building code violations
must be corrected prior to a Certificate of Occupancy being issued.
6. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met and all impact fees have been paid per City standards.
7. 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.
8. 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.
9. 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.
10. 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 Development Services Department.
11. 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.
d
CITY OF CLERMONT
C . do RESOLUTION NO.2025-005R
SECTION 2: LAND USE
1. The property shall be developed to allow for a commercial building up to 7,500 square
feet in the Central Business District (CBD) and in substantial accordance with the
Conceptual Site Plan (Sheet CSP 3) prepared by MEI Partners, Exhibit A. The building
shall be designed to comply with Clermont Architectural Design Standards and be similar
to the elevations provided in Exhibit B. Any new development on the property shall be
submitted for site plan review and approved by the Site Review Committee prior to the
issuance of a zoning clearance or other development permits. The conceptual site plans
submitted with the Conditional Use Permit application are not the approved construction
plans.
2. The site may also be used for any permitted use in the Central Business District (CBD) as
indicated in the Land Development Code, Section 125-369.
3. The site shall be developed according to the City of Clermont Land Development Codes
and all building must comply with the City of Clermont Architectural Design Standards.
4. Interior lighting on the site shall be directed downward into the site and shall not spill over
onto adjacent properties.
5. All landscaping, drainage/water retention and site plan approval conditions must be
maintained in perpetuity for the site.
6. A minimum five -foot -wide concrete sidewalk shall be constructed adjacent to any right-
of-ways that meet Americans with Disabilities Act requirements and provide pedestrian
access.
7. The applicant/developer shall be required to construct up to six parking spaces off -site
within the West Minneola right-of-way that meet the Land Development Code in the areas
shown on the Conceptual Site Plan. This will be coordinated with the City and will be
required to be installed prior to receiving final certificate of occupancy for the project.
These spaces will be offered to the public and will not be reserved for the project. If
applicable, the applicant/developer may forego this requirement and pay into the Central
Business District parking fund and would not be required to build these spaces, if the Land
Development Code is permissible.
SECTION 3: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
6
CLE • M, CITY OF CLERMONT
0d« RESOLUTION NO.2025-005R
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.
ALE ' M, CITY OF CLERMONT
�« RESOLUTION NO.2025-005R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 11 th day of March, 2025.
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ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk
Approved as to form and legality:
dwi Al
Christian W. Waugh, I erim City Attorney
CITY OF CLERMONT
Tim Murry, 111ayoA
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CLERWON-r CITY OF CLERMONT
�, �• RESOLUTION NO.2025-005R
Exhibit A
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Exhibit B
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INSTRUMENT #2025041997
OR BK 6505 PG 1243 - 1244 (2 PGS)
DATE: 4/8/2025 8:54:18 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT
RETURN TO: AND COMPTROLLER, LAKE COUNTY, FLORIDA
City of Clermont RECORDING FEES $18.50
Development Services Dept.
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. 2025-005R and agreed to and
accepted by the undersigned developer/applicant as of March 11, 2025 with regard to the following
described real property:
LOCATION: 935 W. Minneola Avenue
South of W. Minneola Ave. and west of West Ave.
Adjacent to Victory Pointe Stormwater Project
(Alternate Key #2558245)
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, sealed and delivered in the presence of.
Signature of Property Owner or Developer/Applicant
Jude Meus - Owner.
Printed Name and Title
STATE OF FLORIDA:
COUNTY OF
I HEREBY CERTIFY that on this day of /Z/ ` , 2025, before me, by means of
physical presence or [ J online notarization, an officer duly authorized in the State aforesaid and
to 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.
(Stamp)
Notary ary L.
S of Florida
Oary L. Smith �
My Commlsslon HH 600523
Expire& 10/12/2028
MWAT PUBLIC
SIGNATURE PAGE
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Applicant Dat6
STATE OF FLORIDA:
COUNTY OF df
The foregoing instrument was acknowledged before me this 7 day of
/ , 2025, by �aI2kd d-S
ignature of Notary Public
IWhom is personally known to me or [
name of person acknowledging)
FMA,111-78W,�Ojires
Notary Pudic State o1 FloridaGary L. SmithMy Commission HH 60052�10112/2028
Whom has pr6duce3a va t i en i ca
I, the undersigned, do hereby agree to each condition of this CUP Resolution No 2025-005R•
7 oOP o?C)A
Date
STATE OF FLORIDA:
COUNTY OF
The foregoing instrument was acknowledged before me this 7 day of
2025, by S�,, �e .ilc(fs
(Name of person acknowledging)
Signature of Notary Public
Notary Public State of Florida
Gary L. Smith
1 11 My Commission HH 600528
Expires 10112/2028
0 Whom is personally known to me or [ ] Whom has produced a valid identification.
Received in the office of the City Clerk on
City Clerk
1,2
Date
