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HomeMy WebLinkAboutResolution No. 2025-026R d' CLERMOI� CITY OF CLERMONT �„, RESOLUTION NO. 2025-026R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A CONDOMINIUM DEVELOPMENT 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 October 7, 2025 recommended approval of this Conditional Use Permit to allow for a condominium development in the R-2 Medium Density Residential Zoning District; at the following location: LOCATION: Vacant parcels located east of South Grand Highway and north of East Highway 50 (AK 3801341, 3801342,and 3801237) 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 for a condominium development in the R- 2 Medium Density Residential Zoning District; shall be granted subject to the following 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 present owner and any successor in title or interest, and shall be subject to each condition herein set out. CC CLERWLow CITY OF CLERMONT RESOLUTION NO. 2025-026R 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. The property shall be developed in substantial accordance with Exhibit A,the conceptual site plan dated July 18, 2025, with a revision 1 date of 10-14-2025, prepared by Highland Engineering, Inc. Formal Construction Plans, incorporating all conditions stated in this Permit shall be submitted for review and approval 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. 4. 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. 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. S= CLERW CITY OF CLERMONT RESOLUTION NO.2025-026R 11. 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. This Conditional Use Permit is for a condominium development with up to 20 units on 2.64 acres, for a density of 7.58 dwelling units per acre. 2. The City's Site Review Committee must approve the site plan prior to the construction plan approval. 3. The applicant/owner must coordinate with the Lake County School District for capacity review and requirements pertaining to schools, and in conformance with City Code, prior to issuance of any building permits. 4. No on-street parking shall be permitted on site.All parking must be accommodated within designated on-site parking areas as shown on the approved site plan. 5. The use of a shared dumpster enclosure shall be the sole method of waste management for the site. Individual trash bins for separate units are not permitted. 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 AN EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. 6, CLERMONT CITY OF CLERMONT RESOLUTION NO.2025-026R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida,this 28'�day of October 2025. CITY OF CLERMONT '�..,.� Tim Murry, Mayor L y ATTEST: Tracy Ackro d o e, MMC City Clerk Approved as to form and legality: C 'stun . Waty4ity Attorney c� r PRELIMINARY CONDOMINIUM PLAT/ UNIT PLAN LAKEHAVEN ON GRAND Z 1 ✓ACXS LAKE uirnams� L.AK 99?Mr 6LL.ALl OR _. BTOFUWATER MAKACE/.B@!f AREA 1 ♦yN55�y�_ O O �, ♦ s z aZ e QQ • O J A a I 1 z N AMWp� a C b O Q ,�waucH m.w�wr c.a5ia.s.s Swn.Mc zoro wT uc. i A � � � �, z. 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