Loading...
HomeMy WebLinkAboutResolution No. 2025-01R C CITY OF CLERMONT C� RESOLUTION NO.2025-013R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT (2025-013R), TO ALLOW FOR TWO HOTELS TO OCCUPY MORE THAN 20,000 SQUARE FEET OF FLOOR SPACE AND TO ALLOW SHARED PARKING AMONG THE HOTELS. IN ADDITION, THE APPLICANT IS REQUESTING THE FOLLOWING SPECIAL CONDITIONS TO BE INCLUDED IN THE CONDITIONAL USE PERMIT: (1) TO ALLOW ZERO (0) FOOT INTERNAL LANDSCAPE BUFFERS BETWEEN INTERNAL LOT LINES AND (2) TO ALLOW A MAXIMUM GRADING WITHIN THE PERIMETER LANDSCAPE BUFFERS UP TO 25% SLOPE; 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 July 1, 2025 recommended approval of this Conditional Use Permit to allow for two hotels to occupy more than 20,000 square feet of floor space and to allow shared parking among the hotels. In addition,the applicant is requesting the following special conditions to be included in the Conditional Use Permit: (1)to allow zero (0)foot internal landscape buffers between internal lot lines and (2) to allow a maximum grading within the perimeter landscape buffers up to 25%slope; at the following location: LOCATION: Vacant property located north of Hooks Street, between Ford of Clermont and Dick's Sporting Goods (Portion of Alternate Key 1103916) 10.61 +/-Acres 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: CITY OF CLERMONT RESOLUTION NO. 2025-013R This application for a Conditional Use Permit to allow for two hotels to occupy more than 20,000 square feet of floor space and to allow shared parking among the hotels. In addition,the applicant is requesting the following special conditions to be included in the Conditional Use Permit: (1)to allow zero(0)foot internal landscape buffers between internal lot lines and(2)to allow a maximum grading within the perimeter landscape buffers up to 25%slope,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. 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 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 through 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. 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 structure shall be inspected by the Fire Marshal for life safety requirements. All requirements must be met prior to any Certificate of Occupancy being issued. CITY OF CLERMONT dam, RESOLUTION NO.2025-013R 8. The structure shall be inspected by the City Building Inspector and all building code violations must be corrected prior to a Certificate of Occupancy being issued. 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 construction work has not begun within two (2)years of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. SECTION 2: LAND USE HOTEL USE: 1. The property shall be developed to allow for two (2) hotels up to five-stories and up to 70,000 square feet each. 2. The hotels may have a restaurant within the buildings and the rooms may have kitchenettes. 3. Total hotel guest rooms,combined between both hotels,shall not exceed 250 guest rooms overall. 4. The maximum building height will be 55 feet. 5. The hotels shall not be used for extended stay purposes, which is considered as 15 consecutive days per stay or more. 6. The building shall be constructed in substantial accordance with the conceptual elevations and style as shown in Exhibit B. ENTIRE SITE: 7. The property shall be developed to allow for two (2) hotels up to five-stories and up to 70,000 square feet each feet each in the C-2 General Commercial Zoning District. The project, Clermont West—Phase 2, shall be developed in substantial accordance with the Overall Site Plan,dated 12/26/2024 with a revised date of April 21,2025, as prepared by Kimley-Horn and as identified as Exhibit A. Any new development on the property must 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. 8. The site may have zero(0)foot internal landscape buffers between internal lot lines. CITY OF CLERMONT RESOLUTION NO.2025-013R 9. The perimeter landscape buffer may have a maximum grade up to a 25%slope. 10. The site shall be developed according to the City of Clermont Land Development Codes, and all buildings must comply with the City of Clermont Architectural Design Standards, as amended at the time of construction. Parking requirements may be waived by the City during the site review process for the area to the south of the hotels,provided land excluded from the parking areas are used as a park and/or recreation space available to the public. 11. Subject to Lake County Public Work's review,additional storage within the existing left turn lane (eastbound) on Hooks Street at the western access point may be required to increase capacity of the turn lane. The length of turn lanes will be determined and approved by Lake County Public Works at the time of site plan review. 12. In no event shall the operation of any business within the project be or become a public nuisance as defined by City Code Section 1-142(c) or other applicable nuisance statutes, such as §823.05,Fla. Stat.In addition to all other remedies at law or equity, if the City issues a Notice of Violation or other notice to the property owner citing such public nuisance activity,the case shall be heard by the City Public Nuisance Abatement Board or City Code Enforcement Board, as provided by the City Code.Nothing herein is intended to supplant or reduce the City's authority granted in Chapter 162, Florida Statutes. 13. The daycare shall require students to be escorted in by an adult,with no unescorted drop- off or pick-up by policy. 14. The site may also be used for any permitted use in the C-2 General Commercial Zoning District. 15. Interior lighting on the site shall be directed downward into the site and shall not spill over onto adjacent properties. 16. All landscaping, drainage/water retention and site plan approval conditions must be maintained in perpetuity for the site. 17. A tree inventory and proposed tree removal and replacement plan at the time of site plan submittal,according to Land Development Code Section 123, will be required so that due consideration may be given for preservation and protection of trees during the site plan design process. Otherwise, the Applicant agrees to follow any relevant provision of Chapter 123 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. CITY OF CLERMONT RESOLUTION NO.2025-013R 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. CITY OF CLERMONT RESOLUTION N0.2025-013R DONE AND RESOLVED by the City Council of the City of Clermont,Lake County, Florida,this 26'h day of August,2025. CITY OF CLERMONT Tim Murry,Ma r ATTEST: f Tracy Ackroyd Ho e, City Clerk Approved as to form and legality: i Christian W. Wall'City Attorney Nw j� r.� 7c• r ,�,; Y *L,• � is CITY OF CLERMONT RESOLUTION NO.2025-013R Exhibit A �g s • x {, :Tcuti�— 7 April 21, 2025 u o' r I 1 II ` rim Zoomed in view CITY OF CLERMONT CLE�--;� RESOLUTION NO.2025-013R Exhibit B kra � t i` y ' r I, the undersigned, do hereby agree to each condition of this Conditional Use Permit. /I& (Applicant Date STATE OF FLORIDA +r COUNTY OF e, c Y The foregoing instrument was acknowledged before me this I vl " ' day of a Q OP.I� , 2025, by 944" �1 (name of person acknowledging) A�"A—FAA RVA'� mot `:PUe�% KRISTIN BANKS * * Commission#HH 405810 Si na e of Notary Public �� Expires June 4,2027 FOF" Whom is personally know whom has produced a valid identification. clli,1l �s (Owner) � Date STATE OF FLORIDA COUNTY OF d GI.YL G The foregoing instrument was acknowledged before me this C14V) day of O �� � , 2025, by Vt4a rl R S+r,- (Name of person acknowledging) KRISTIN BANKS + + Commission#HH 405810 Yi'�ArnWuYevMf otary Public Expires June 4,2027 FOF FAO Whom is personally known to me or whom has produced a valid identification. Received in th office of the City Clerk on I - 2 l — Z o Z Date L Q� V V City Clerk INSTRUMENT#2025119787 OR BK 6604 PG 1745-1753 (9 PGS) DATE:9/26/2025 1:59:42 PM RETURN TO: GARY J. COONEY, CLERK OF THE CIRCUIT COURT Rae Chidlow AND COMPTROLLER, LAKE COUNTY, FLORIDA City of Clermont RECORDING FEES$78.00 685 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. 2025-013R and agreed to and accepted by the undersigned developer/applicant as of August 26, 2025 with regard to the following described real property: LOCATION: Vacant parcel located north of Hooks Street Between the Ford of Clermont and Hobby Lobby Alternate Key 1103916 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 an ivered in the presence of: Property IWSer,. A5a!44 S In ac ee- . S e✓ Prii4ted Name and Title Printed Name and Title STATE OF FLORIDA: COUNTY OF Z1c4,niae�; I HEREBY CERTIFY that on this Lomay of , 025, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared rLMW ,k I , who is personally known to me or who has produced as identification, and w o executed the foregoing instrument, and who did take an oath. �OtNR BL C My commission expires: =04�aV PUBS/�+ KRISTIN BANKS * * Commission#HH 405810 N',FaF F`op°� Expires June 4,2027