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Home My WebLink AboutResolution No. 2026-009R (5= CLER ONT CITY OF CLERMONT d« RESOLUTION NO.2026-009R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A FOOD TRUCK TO OPERATE ON AN IMPROVED PARCEL LOCATED IN THE C-2 GENERAL COMMERCIAL 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 on April 7,2026,recommended approval of this Conditional Use Permit to allow for the use of a food truck establishment,at the following location: LOCATION: Home Depot Parking Lot (AK 3815370) 9.79+/-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: This application for a Conditional Use Permit to allow for the use of a food truck/traileriotherwise known as a Mobile Food Dispensing Vehicle (MFDV) as defined in F.S. § 509.102, 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 and every condition herein set out. CLER1"MONT CITY OF CLERMONT RESOLUTION NO.2026-009R 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. S. 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 MFDV area shall be inspected by the Fire Marshal for life safety requirements and other fire code related issues in conjunction with the MFDV operation. 8. The MFDV area may be inspected by the City Building Inspector, and all building code violations must be corrected prior to operating the MFDV. 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 the MFDV use cease operation for a period of greater than 60 days, a new Conditional Use Permit shall be required. d' CLERWON-r CITY OF CLERMONT RESOLUTION NO.2026-009R SECTION 2: LAND USES AND SPECIFIC CONDITIONS l. This Conditional Use Permit is to allow for a food truck, otherwise known as a Mobile Food Dispensing Vehicle (MFDV) as defined in F.S. § 509. The maximum number of MFDVs at the site shall be one (1). The vehicle shall not be larger than 14 feet wide and 25 feet long. The final space determination shall be made during the Site Review process to ensure the Site is designed to meet all Building,Fire and City Codes. 2. The MFDV will be required to comply with all City Codes and Regulations for grease and waste collection and elimination. 3. The hours of operation will be for seven(7)days a week, 8:00 AM to 8:00 PM. 4. No outdoor entertainment, loudspeakers or music shall be allowed. 5. All trash shall be disposed of in accordance with City Code. 6. All signs shall be consistent with the City's sign code,as amended. 7. The property shall be designed and developed to comply with the Clermont Land Development Regulations and Codes. The conceptual plan(Exhibit A) 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 Clermont Architectural Design Standards and Land Development Codes. 8. If the parking at the site is deemed to be inadequate,the applicant agrees the City Council, at a public hearing,has the right to amend or revoke the Conditional Use Permit. 9. The applicant must obtain written authorization from the property owner for the placement of the vehicle, as well as for the use of restroom facilities for patrons and mop sinks for operational purposes. (Exhibit B) 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. S= CLERMONT CITY OF CLERMONT — RESOLUTION NO.2026-009R 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. d' CLER�"�ON-r CITY OF CLERMONT RESOLUTION NO. 2026-009R DONE AND RESOLVED by the City Council of the City of Clermont,Lake County, Florida,this 280'day of April 2026. CITY OF CLERMONT 4 � r f Tim Murry,flayor, Tracy Ackroyd owe, MMC City Clerk Approved as to form and legality: zk C ristian W. Wau , City Attorney 6, CLERWO CITY OF CLERMONT RESOLUTION NO. 2026-009R Exhibit A—Preliminary Conceptual Site Plan l ��•�1.1��'f}�lT� ..1•: -{WtiAK[ arMwG �_� �_ J Hill 1 .l .•': f'.waw wrap" — a I�tIN t CiIM� MU MI�Of fMTM �W i �iw wuwn 1, WD �fI *A nn I! HS.LWCIf 1y_ �. C= CID IX a u I •ww �' �� D rl� r S CIERWONT CITY OF CLERMONT RESOLUTION NO. 2026-009R Exhibit B—Property Owner Authorization Letter IN2455 Paces Ferry Road,C-20,Atlanta,GA 30339 March 13,2026 VIA F.MAII.DF.I.IVF.RY City of Clermont Rae Chidlow Planning&Development Coordinator 685 W.Montrose Street Clermont,FL 34711 Telephone(352)241-7335 Re: Home Depot Store#6375 located at 1530 E HWY 50 CLERMONT LAKE FL 34711 Dear Rae Chidlow: Home Depot U.S.A.,Inc.("Home Depot")is the owner of the property at the above location,where it operates a Home Depot retail store. In order to provide food and beverage services for our customers and associates,Home Depot would like to proceed with the operation of a Wahlburgers food service facility at our store. We understand that you desire Home Depot to confirm our approval for such an operation at this location,and this letter is intended to provide that approval. Wahlburgers is authorized to pursue a conditional use permit for a food service operation at this location. In addition,this letter will confirm that Wahlburgers has Home Depot's permission to use the restrooms and mop sinks during store hours in connection with the food service operation. Thank you for your attention to this matter.Please feel free to contact Alexis Deal,our Manager Food Ops at alexis k dealrhomedepot.com or 678-640-2751 with any questions or concerns. Very truly yours, HOME DEPOT U.S.A.,INC. By: Qjhn Chescava Assistant General Counsel