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HomeMy WebLinkAboutResolution No. 2025-011Rdf; CLER ' CITY OF CLERMONT 0.a RESOLUTION NO.2025-011R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PROFESSIONAL OFFICE USE IN THE R-3 RESIDENTIAL/PROFESSIONAL ZONING DISTRICT ALONG WITH THE FOLLOWING SPECIAL CONDITIONS TO BE INCLUDED IN THE CONDITIONAL USE PERMIT: (1) A REDUCTION IN REQUIRED PARKING SPACES FROM EIGHT (8) PARKING SPACES TO FIVE (5) SPACES AND (2) TO ALLOW THE FIVE (5) PARKING SPACES TO BE PLACE ALONG THE RIGHT-OF-WAY, AS SHOWN IN THE SITE PLAN PREPARED BY BURKETT ENGINEERING, DATED 01-2025; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the granting of this Conditional Use Permit will not adversely affect the officially adopted Comprehensive Plan of the City; such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; the proposed use will comply with the regulations and conditions specified in the codes for such use; and the proposed use may be considered desirable at the particular location; WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 3, 2025 recommended approval of this Conditional Use Permit to allow for a professional office use in the R-3 Residential/Professional Zoning District; at the following location: LOCATION: 963 West Juniata Street Alternate Key 1714095 0.26 +/- Acres 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 Clermont, Lake County, Florida that: This application for a Conditional Use Permit to allow for a medical office use in the R-3 Residential/Professional Zoning District; shall be granted subject to the following conditions: CONDITIONAL USE PERMIT CONDITIONS: SECTION 1: GENERAL CONDITIONS 1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the CITY OF CLERMONT CLE ate. RESOLUTION NO.2025-011R present owner and any successor in title or interest, and shall be subject to each condition herein set out. 2. Upon approval of the resolution, the aforementioned property shall only be used for the purposes described herein. No further expansion of the use or additions to this project shall be permitted except as approved by another Conditional Use Permit. Any other proposed use shall be specifically authorized by an amendment and approval of the City of Clermont City Council. 3. 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. Prior to the issuance of any permits, the applicant shall be required to submit formal site plans for review and approval by the City of Clermont Site Review Committee. The site plans shall meet all submittal requirements and comply with the conditions of this Resolution, applicable City Codes, Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as amended. 5. The Conditional Use Permit must be executed and processed by the Clermont City Clerk's office within 90 days of its date of grant by the City Council or the permit shall become null and void. 6. 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. 7. The Fire Marshal shall inspect the structure for life safety requirements. All requirements must be in compliance prior to the issuance of any Certificate of Occupancy. 8. The City Building Inspector shall inspect the structure and all building code violations must be corrected prior to the issuance of any Certificate of Occupancy. 9. 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. 10. This permit shall become null and void if substantial work has not begun within two (2) years of the date of issuance of this Conditional Use Permit. 6- �LEMONT CITY OF CLERMONT �w RESOLUTION NO.2025-011R 11. Should the medical office cease operation for more than 180 days, a new Conditional Use Permit shall be required. 12. 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, which may include additional parking requirements or revocation of the Conditional Use Permit. SECTION 2: LAND USE 1. The property is approved for a Conditional Use Permit to allow for a medical office use within the R-3 Residential/Professional Zoning District. The office use shall be limited to the existing 1550 square foot building. 2. The hours of operation shall be limited to Monday through Friday, 8 AM to 6 PM. 3. The conversion from residential use to medical office use must comply with any required building and fire life safety code requirements for use as a commercial structure. 4. Parking for the 1550 square foot office may be reduced from eight (8) parking spaces to five (5) spaces. The five (5) parking spaces shall be placed along the right-of-way, with the sidewalk constructed to the south of the spaces with an easement placed over the sidewalk and be similar to the on -street parking with the adjoining property owner to the east 5. The site may also be used for any permitted use in the R-3 Residential/Professional Zoning District. All uses must adhere to the requirements of the Land Development Code. 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. CLERMONT CITY OF CLERMONT �.�«� RESOLUTION NO.2025-011 R 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. d9 CLEF6NT CITY OF CLERMONT ;7 RESOLUTION NO.2025-011R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 24t' day of June 2025. CITY OF CLERMONT Tim Murry, Mayor ATTEST: Tracy Ackroyd Wowe, MMC City Clerk Approved as to form and legality: /Wj-- dhiistian W. Wau , City Attorney 6� CLERWONT CITY OF CLERMONT RESOLUTION NO. 2025-011R EXHIBIT A L; 1 0 RETURN TO: Rae Chidlow City of Clermont 685 West Montrose St Clermont, FL 34711 INSTRUMENT #2025091324 OR BK 6555 PG 579 - 579 (1 PGS) DATE: 7/2/2025 8:55:40 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. 2025-011R and agreed to and accepted by the undersigned developer/applicant as of June 24. 2025 with regard to the following described real property: LOCATION: 963 West Juniata Street Alternate Key 1714095 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. Si ed, se led and delivered in the presence of: cdrm kZ___ -,Pro_pe6 Owner Applic Printed Na ne and Titl STATE OF FLORIDA: COUNTY OF _ ' r CYlCi 1 �c. -� Printed Name an Title �� I HEREBY CERTIFY that on this day of ZEIJAN , 2025, before me, an officer duly authorized in the State aforesaid d in the County aforesaid to take acknowledgements, personally appeared " , who is personally known to me or who has produced f-, L.A as i entification, and who executed the foregoing instrument, and who did take an oath. My commission expires: 1w� RAE WRIE CHNXOW Co rcis" / HH 10M * •. �'1`'�r�v� E"W Nvnff6w 11, 2025 ieMNllwMpRNelryE�nNw I, the ndersigned, do hereby agree to each condition of this Conditional Use Permit. 1 " a5: (Applic t) Dat STATE OF FLORIDA COUNTY OF�,,OLs 4-1 u The foregoing instrument was acknowledged before me this day of n. 1 _� a 2025, by��- (name of person acknowledging) RM MAK CHOLOW � ••• • �kE• Cotnmtulon t HH i A6405 Van \ ley \1 �� �t E*kw How&-Mw il, M5 Signature of Notary Public �"`° eai'id1""�id'""1i01jS'"°" Whom is personally known to me or whom has produced a valid identification. — I " aTS)5- (Own r Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 1 Si day of c O 1\ 3 � � , 2025, by Q� ,Y (Name of person acknowle ging) .N" RM WK CMbLOW n�� Uu Commi"#MHI%" d1 Evku Nown" 11 , 2M Signature of Notary Public Whom is personally known to me or whom has produced a valid identification. Received in the office of the City Clerk on + — -Z-) — 2 U Z L U U City Clerk