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HomeMy WebLinkAboutResolution No. 2026-007R (5= CLERWONT CITY OF CLERMONT RESOLUTION NO.2026-007R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT, RESOLUTION NO. 760,TO EXPAND THE EXISTING CHURCH USE LOCATED IN THE R-3 RESIDENTIAL/PROFESSIONAL ZONING,DISTRICT;PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,PUBLICATION AND AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Clermont, Lake County, Florida approved a request for a Conditional Use Permit at their regular scheduled meeting held July 28, 1992.; and WHEREAS,the applicant requested expansion of the use and additions to the site in which Resolution No. 760 Section 1.(3.) prohibited except if approved by another Conditional Use Permit.; and WHEREAS,the Planning and Zoning Commission of the City of Clermont,Lake County, Florida,at a meeting held on April 7,2026,recommended approval of this Conditional Use Permit to allow for the expansion and additions to a church use, at the following location: LOCATION: 709 E Montrose St., 743 E Montrose St., and vacant parcels located east of Bloxam Ave. and E Montrose St. intersection (AK(s) 1620937, 1620945, 1621038, & 1714524) .933 +/-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.; and 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 is for a Conditional Use Permit to amend Resolution No. 760, to expand and include additions to the existing church use,be granted subject to the following conditions: d*; LE CITY OF CLERMONT da RESOLUTION NO.2026-007R 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 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. 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. Should approved uses cease operation for more than one(1)year, a new Conditional Use Permit shall be required for the same or similar operations. S1; CLE CITY OF CLERMONT Cd RESOLUTION NO.2026-007R 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. SECTION 2: LAND USES AND SPECIFIC CONDITIONS 1. This Conditional Use Permit shall repeal and replace Resolution No. 760. 2. This Conditional Use Permit shall permit the following uses: a. Church Use b. Ancillary uses and buildings used in conjunction with the church. 3. The property shall be developed in substantial accordance with the Preliminary Conceptual Site Plan prepared by Gator Sktch Architects& Planners,with a date of January 19,2026, as shown on "Exhibit A", "Exhibit B", and "Exhibit C". The conceptual plan submitted with the Conditional Use Permit application is not an approved site plan. Formal construction plans incorporating all conditions stated in this Permit 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 City's Architectural Design Standards and Land Development Regulations,as amended. 4. All signs shall be consistent with the City of Clermont's Land Development Codes, as amended. 5. Off-site(remote) parking shall be permitted on a parcel other than the same building site that it serves. The off-site(remote) parking areas shall be depicted on a site plan for approval and shall be subject to the requirements of Land Development Code Sec. 115- 17(b). 6. Required on-site parking for the property addressed at 709 E Montrose St. shall be grass parking only. Parking areas must be delineated and shall be consistent with the City of Clermont's Land Development Codes, as amended. 7. Required on-site parking may be grass but parking areas must be delineated and shall be consistent with the City of Clermont's Land Development Codes, as amended. 8. If the parking at the site is deemed to be inadequate by the City Manager or Designee thereof, the applicant agrees that the City Council, at a public hearing, has the right to amend or revoke the Conditional Use Permit. 9. In lieu of the required ten(10)foot perimeter landscape buffers along the southern,eastern, and western property lines of the site on the property addressed at 743 E Montrose St., a reduced landscape buffer no less than five(5)feet may be placed. 6; CLE ' M, CITY OF CLERMONT «dam RESOLUTION NO.2026-007R 10. In lieu of the required ten(10)foot perimeter landscape buffers along the northern,eastern, and western property lines of the site on the vacant parcels north of E Montrose St. (also identified as, lots 9 and 10, Block 3 of Map of Homedale, according to the Plat thereof recorded in Plat Book 11, Page(s) 26 of the Public Records of Lake County, Florida.), a reduced landscape buffer no less than five (5)feet may be placed. 11. In lieu of the required plantings for the areas approved for reduced perimeter landscape buffers, as defined in Section 2 No.(s) 8. And 9. above, a six(6) foot tall vinyl fence may be placed to provide opaque screeing along the perimeter property lines and shall be consistent with the City of Clermont's Land Development Codes, as amended. 12. There shall be no reduction to the landscape buffer width along the east side of the property addressed at 709 E Montrose St. 13. No fence shall be installed along the on east side of the property addressed at 709 E Montrose St. 14. All other Landscaping requirements shall be in accordance with the City of Clermont's Land Development Codes, as amended. 15. Traffic calming measures that would help mitigate speed and improve safety along E. Montrose St. shall be explored and implemented, if warranted, in a way deemed most appropriate by the City manager or Designee thereof. 16. Should the six (6) foot tall vinyl fence prove to be an inadequate form of screening for vehicular movement, noise, and glare from the abutting properties, the applicant agrees that the City Council,at a public hearing,has the right to amend or revoke the Conditional Use Permit. 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. S- CLERMON-r CITY OF CLERMONT — RESOLUTION NO.2026-007R SECTION 6: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. S- CAR' nR CITY OF CLERMONT Chw..,C.,,-._ RESOLUTION NO.2026-007R DONE AND RESOLVED by the City Council of the City of Clermont,Lake County, Florida, this 28 h day of April 2026. CITY OF CLERMONT Tim Murry,Mayor EST: Tracy Ackroy/fidNre, MMC City Clerk Approved as to form and legality: Christian . Waugh, ty Attorney c�c • CITY OF CLERMONT RESOLUTION NO.2026-007R Exhibit A—Preliminary Conceptual Site Plan—743 E.Montrose Street m 0 l / -n 2 z > A" (n AA so f � z x frT, AFSmx umi_41�'0 > D A I (F)5 Oo-2e'ss w 13GAY(P)137.50 I a'•ea --- - cu s uoar 0'-0" of Y C_ �z 4gg 8 1 CCnZ ' I n v n D m A0 .00'9C'" --- VWFM '(F)N 002757 E i AS(P)137.50'— - - - - _ _25-4 F v D(A000* m I Vl F Z O m i (P)2b- D mm 0 Z m r I D NOT FOR CONSTRUCTION roect: m IMc MrbAroNMUEL TEM PLE 'SITEPLAN-PERVIOUS *GatorS ch 81MPERVIOUS H �s NERS CHURCH 1.— sr r,rWMRA .Ti. CSRevlsloncJob N: GC-25-029 K s- CLER'OIL CITY OF CLERMONT i—d« RESOLUTION NO. 2026-007R Exhibit B—Preliminary Conceptual Site Plan —Vacant parcel north of 743 E. Montrose I N i m m0 x a N >n D mc,x OO rt1 Ln� I^m� v0� N E ��Z nrD N� Z n � O 1 0-0- — O Z Z i 1+ f+l O(/I c�z �c,m non o mcil ,0o•0►L(a)ts•wL 3 9f.YL00 S(0) d 'nFD — i m o �.. I r wnee >a� boo — — — — — — -- - . - I ocz ®mom G 1 HIA ONR _ o�o Z. 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