HomeMy WebLinkAboutResolution No. 2026-011R C5=
GLE � NT CITY OF CLERMONT
,_.�... RESOLUTION NO_2026-011R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTII�IG A
CONDITIONAL USE PERMIT TO ALLOW FOR A MOBILE FOOD
DISPENSING VEHICLE TO OPERATE ON AN IMPROVED PARCEL
LOCATED IN THE 4c7-2 GENERAL COMMERCIAL ZONING DISTRICT;
PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE
CCpluF i.'-CTION 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 May 5,2026,recommended approval of this Conditional Use Permit
to allow for the use of a mobile food dispensing vehicle, at the following locarion:
LOCATION:
477 E. Hwy 50
Sunoco/Texaco Parking Lot
(AIC 2545453)
0.54
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 c f 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 o£the
general welfare of the City of Clermont, Lake County, Florida, to grant this Condirional Use
Permit.
NOW,THEREFORE,BE IT RESOLVED by the City Council o£the City of Clermont,
Lake County, Florida that:
This application for a Conditional Use Permit to allow for the use of a food trucl otherwise 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_
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CLEObNT CITY OF CLERMONT
�—' RESOLUTION NO. 2026-011R
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 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.
S
CLE06N, CITY OF CLERMONT
— RESOLUTION NO. 2026-OIIR
SECTION 2: LAND USES AND SPECIFIC CONDITIONS
1. 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 days and hours of operation will be: seven(7) days a week, operating hours consistent
with the existing business, not to extend after 10 PM or before 8 AM.
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 use of
restroom facilities for patrons. (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.
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CLER►* CITY OF CLERMONT
«�,,�" ' RESOLUTION NO. 2026-011R
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.
(9;
LE CCITY OF CLERMONT
Ch d RESOLUTION NO.2026-011R
DONE AND RESOLVED by the City Council of the City of Clermont,Lake County,
Florida,this 9t'day of June 2026.
CITY OF CLERMONT
vi
Tim Murry, ayor
;4'A `TEST:
Tracy Ackroy Howe, MMC
City Clerk
Approved as to form and legality:
I y/-1/- j
hristia W. Wau , City Attorney
CITY OF CLERMONT
C �«. RESOLUTION NO. 2026-011R
Exhibit A—Preliminary Conceptual Site Plan
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CLERWONT CITY OF CLERMONT
- --, RESOLUTION NO. 2026-011R
Exhibit B—Property Owner Authorization Letter
To:Nick Gonzalez
Planning&Economic Development Office
Tel 352-241-7305
1, 4je;sm J'R7vt- owner of the property located at 477 E Hwy 50,
Clermont,FI 34711,hereby grant permission to Mayamero operator of a food truck,to allow its
customers and employees to use the restroom facilities located on my property while the food
truck is operating at the above address.
And it applies only during the hours the food truck is present and open for business.I
understand that Mayamero will be responsible for ensuring the facilities are used respectfully
and for reporting any damage or maintenance issues promptly.
If you require further verification,I can be reached at
Phone Number 352-L}08.5/93
Email Address Qu� i3µ7/J�y �•�D�'
Sincerely,
1qe'T6S'H
Printed Name
Signature
INSTRUMENT# 2026084042 OR BK 6773 PG 226 PAGES= 1 7/9/2026 12 =28 =02 PM
GARY J_ GOONEY CLERK OF THE C=RCUIT COURT 6 COMPTROLLER, T-aus: COUNTY FLOR=DA
REC FEES= $10_ 00
RETURN TO:
Rae Chidlow
City of Clermont
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_2026-0111p_and agreed to and
accepted by the undersigned developer/applicant as of June 9_ 2026 with regard to the following
described real property:
LOCATION:477 E_HiQhwav 50
Alternate Kev#2545453
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-
refereiiced Conditional Use Permit
IAl WITNESS WHEREOF, the undersigned has duly executed this Short Form Conditional Use
Permit as of the day set forth below_
igned,sealed and delivered in the presence of �7
uc
Pro caner Applicant -'
P
Printed Name and Title Printed Name and Title
STATE OF FLORIDA-
COUNTY OF QQ
I HEREBY CERTIFY that on this i` fty of �-AA� 2026,before me,an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowledgements,
personally apr�eared 7, CaSt� �..9 who is personally known to me or who has
produced_ 3- tones��. Cyr.w��< [,�..w as identiScation,and who ted the Foregoin
instrument,and who did take an oath_ '
NOT Y PUBLIC
My commission expires. - O 2 _ZJ"L-%
(/�'yp Netary P�abb---—P Stitt'of ilorltla
\� Cwn M NN]]6l8O
`- My ComT_Ea 2,2029
RETURN TO:
Rae Chidlow
City of Clermont
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. 2026-011R and agreed to and
accepted by the undersigned developer/applicant as of June 9. 2026 with regard to the following
described real property:
LOCATION: 477 E. Highway 50
Alternate Key#2545453
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.
igned, sealed and delivered in the presence of:
N��Z - �7'ftll
Prop rty wner Applicant
Printed Name and Title Printed Name and Title
STATE OF FLORIDA:
COUNTY OF I (a
I HEREBY CERTIFY that on this ar-Nay of 2026,before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowledgements,
personally Q.,,9�ap eared ,a �We& \ �s,.„,,� �a ,who is personally known to me or who has
produced rllkor�Vc, Dr,wof�, Lea.as identification, and who ex ted the foregoin
instrument, and who did take an oath. r
NO Y PUBLIC
My commission expires: �'- �2 -ZJ2�
i►pr P� LAWRENCE TUSO JR
Notary Public State of Florida
Commission#HH 736880
°P�`' My Comm.Expires Nov 2,2029
I, the and rsigned, do hereby agree to each condition of this Conditional Use Permit.
Tm�k� 07lo3 / ,,-? 6
(Appli an Date
STATE OF FLORIDA
COUNTY OF I K+-
c
The foregoing instrument was acknowledged before me this
Q day of
Q � 1 n
i�1 , 2026, by pair,C t�
(name of person acknowledging)
tiaY°o`'•• LAWRENCE TUSO JR
y® Notary Public•State of Florida
?' Commission#HH 736880
Signature of Notary Public I '; °FF`'' My Comm.Expires Nov 2,2029
VMop RON
Whom is personally known to me or whom has produced a valid identification.
- 61
(Owner Date
STATE OF FLORI
COUNTY OF C-L
v The foregoing instrument was acknowledged before me this day of
3 1 �` , 2026, by �e�� �
O �1?.
(Name of person acknowledging)
n ............
''
LA T
Notary Public-Stato of Florida
Commission#HH 736880
Signaildre of Notary Public °��`~ My Comm.Expires Nov 2,2029
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on "� Z- �7
a Date
N
U
u City Clerk