R-98-0992LJ
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CITY OF CLERMONT
RESOLUTION
No. 992
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
OPERATION OF A RESTAURANT WITH TEMPORARY MULCH PARKING IN THE
CENTRAL BUSINESS DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held February 3, 1998 recommended approval of this Conditional Use Permit
to allow the operation of a restaurant with temporary mulch parking in the CBD Central Business
District at the following location:
LEGAL DESCRIPTION
All of Lot 3 and land between said lot and lake, and the East 93.5 feet of Lots 4, 5 and 6,
Block 94.
The City Council deems it advisable 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:
SECTION 1.
This application for a Conditional Use Permit to allow the operation of a restaurant with
temporary mulch parking in the CBD Central Business District be ganted subject to the following
conditions:
1. This Conditional Use Permit 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, heirs, and any successor(s) in title or interest, and shall be subject to each and
every condition herein set out.
2. Upon approval of the this Conditional Use Permit the aforementioned property shall only
be used for the purposes described herein. Any other proposed use shall be specifically
authorized by amendment and approval of the City of Clermont City Council.
3. Construction and operation of the proposed use shall at all times comply with the
regulations of this and other governmental agencies.
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CITY OF CLF~ZMONT
RESOLUTION
No. 992
Page-2-
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
without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary
permits in accordance with the City of Clermont Land Development Regulations and City Code of
Ordinances.
5. 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 Conditional Use
Permit, applicable City Codes, Regulations, Ordinances, and provide compliance with the adopted
City Comprehensive Plan, as amended.
6. No further expansion of the use or additions to this facility shall be permitted except as
approved by another Conditional Use Permit.
7. All Lapp icable rules and regulations shall be met, including but not limited to, final site
plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks.
8. The property may be used as a restaurant only. No change of the use or additions to the
facility shall be permitted except as approved by another Conditional Use Permit.
9. The property shall be developed in substantial accordance with an approved site plan
incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for
review and approval of the Site Review Committee prior to authorization and issuance of a
development permit.
10. All applicable rules and regulations shall be met, including but not limited to final site plan
approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required
landscaping must be served with a permanent irrigation system including City approved back-flow
prevention device and rain sensor gauge (automatic irrigation system requirement only). All
landscape areas must be properly maintained
11. Verification of the stormwater run-off data and other assumption and calculations shall be
provided and approved by the City Engineer prior to any development activity. The drainage and
stormwater retention requirements of the City and the appropriate regulatory agencies shall be
met, and approved by the City Engineer. These areas shall be properly maintained.
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C1TY OF CLERMONT
RESOLUTION
No. 992
Page - 3 -
12. A St. John's River Water Management District stormwater permit Qr certificate of
exemption shall be required and filed with the City prior to receipt of a building permit or any
development activity.
13. A parking, traffic circulation and ingress/egress plan shall be submitted and approved by
the City Site Review Committee prior to any development activity on the site.
14. Buffering and screening shall be required from all abutting uses in accordance with
adopted City Codes and in conformance with the approved site and landscaping plan approved by
the City Site Review Committee.
15. Noise levels during construction of the project shall not exceed those recommended by
F.D.E.R. Heavy equipment and normal work operations will be allowed on the site between the
hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday. Construction equipment
preparation, noise or machinery engines will not commence earlier than 7:00 A.M. on any
authorized work day.
16. The structure shall be inspected by the Fire Marshall and Lake County Building
Department for life and public safety requirements, all requirements shall be met prior to
operation of the business or an occupational license being issued.
17. The structure shall be inspected by all applicable Public Health and Food Service agencies
responsible for operation of such a business, and all requirements of applicable agencies shall be
met prior to that portion of the business being conducted. All applicable agency licenses must be
secured prior to operation of the business.
18. The applicant\permittee shall install a below ground grease trap as approved by the City
Public Services Director and the Florida Department of Environmental Protection.
19. The pernuttee/developer shall provide a concrete dumpster enclosure with wooden doors,
constructed in conformance with City Code, on the subject property. The size and location of the
dumpster shall be indicated on the required site plan and approved by the Site Review Committee.
20. All required site improvements shall be constructed prior to a Certificate of Occupancy or
Occupational Licence being issued for the proposed business. If occupancy or business activity
occurs prior to improvements being provided this Conditional Use Permit shall become null and
void.
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CITY OF CLERMON7'
RESOLUTION
No. 992
Page-4-
21. The Permittee shall be permitted utilization of mulch parking.for a period of one { 1~ vear
from the date of formal,~-ant ~y the CitxCouncil. The permittee shall provide the required
number of parking spaces for the restaurant through any of the following means as follows:
a. Provision of required parking spaces on-site.
b. Lease agreement with a property owner within the Central Business District.
c. Payment into the Parking Space Exchange Fee Program.
22. This permit shall become null and void if substantial construction work for the restaurant
has not begun within one (1) year of the date of grant of this Conditional Use Permit.
"Substantial Construction Work" means the commencement and continuous prosecution of
construction of required improvements ultimately finalized at completion.
23. 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.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS 24TH DAY OF FEBRUARY, 1998.
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ROBERT A. POOL, Mayor
ATTEST:
J SEPH E. V E, Ci ,Clerk
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