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R-97-927• • • C17Y OF CIF.RMONT RESOLUTION No. 927 A RESOLUTION OF THE CTI'Y COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 887 TO ALLOW COMMERCIAL CONSTRUCTION AND PLACEMENT OF A RAILROAD CAR REPLICA FOR BANQUET AND MEETING FACILITY USES, TO ALLOW CONSTRUCTION OF AN OPEN DECK ADJACENT TO THE RAILROAD CAR REPLICA, TO ALLOW EXPANSION OF THE COVERED DECK FOR A DINING AREA, TO ALLOW RESTAURANT, DINING, AND RETAIL SALES USES IN THE EXISTING DEPOT, TO ALLOW TAKE-OUT RESTAURANT USES IN THE EXISTING CABOOSE, TO ALLOW CONSTRUCTION OF A COVERED OBSERVATION DECK ON LAKE MINNEOLA, TO ALLOW RETAIL SALES USES WITH OPEN AIR DISPLAYS AS PERMITTED BY THE CENTRAL BUSINESS DISTRICT IN THE STEEL QUONSET HUT, AND RELINQUISH THE PROFESSIONAL OFFICE USES, LOCATED IN THE CENTRAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held December 3, 1996 recommended approval of this • Conditional Use Permit to amend Resolution No. 887 to allow commercial construction and placement of a railroad car replica for banquet and meeting facility uses, to allow construction of an open deck adjacent to the railroad car replica, to allow expansion of the covered deck for a dining area, to allow restaurant, dining, and retail sales uses in the existing depot, to allow take-out restaurant uses in the existing caboose, to allow construction of a covered observation deck on Lake Minneola, to allow retail sales uses with open air displays as permitted by the Central Business District in the steel Quonset Hut, and relinquish the professional office uses, located in the Central Business District at the following location: LEGAL DESCRIPTION See Attachment "A" 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: • U SECTION 1. Cl7Y OF CLEXMONC RESOLUTION No. 927 Page-2- C~ This application for a Conditional Use Permit to amend Resolution No. 887 to allow commercial construction and placement of a railroad car replica for banquet and meeting facility uses, to allow construction of an open deck adjacent to the railroad car replica, to allow expansion of the covered deck for a dining area, to allow restaurant, dining, and retail sales uses in the existing depot, to allow take-out restaurant uses in the existing caboose, to allow construction of a covered observation deck on Lake Minneola, to allow retail sales uses with open air displays as permitted by the Central Business District in the steel Quonset Hut, and relinquish the professional office uses, located in the Central Business District be granted subject to the following conditions: 1. Approval of the proposed uses shall be conditioned upon compliance with all previous conditions specified in Resolutions #671, #716, #823, #862 and #887, respectively. • 2. The previously permitted use for professional offices (Resolution #862) is null and void. 3. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 4. The property shall be developed in substantial accordance with an approved site plan incorporating all conditions of this amended Conditional Use Permit. Said plans shall be submitted for review and approval of the City Site Review Committee prior to commencement of any development activity on the site for the proposed use(s), and authorization and issuance of any development permits. 5. Verification of the stormwater run-off data, assumption & calculations shall be provided and approved by the City Engineer and St. John's River Water Management District prior to any development activity for the proposed use(s). Positive outfall for stormwater shall be provided as approved by the City Engineer. 6. A St. John's River Water Management District stormwater permit pertinent to the proposed use(s) shall be required and filed with the City prior to receipt of a building permit or any development activity on the site. • • • • CITY OF CLF.RMONT RESOLUTION No. 927 Page-3- 7. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. 8. The developer shall be responsible for the cost of all required on-site and off-site infrastructure improvements necessitated by impacts of the project. 9. The railroad car replica shall meet all commercial building codes, standards, and life safety requirements for commercial constructed buildings as required by the appropriate regulatory agencies, such as but not limited to, NFPA, SBCCI, and Lake County. Prior to placement, construction, and operation of any of the proposed use(s), the permittee/developer shall secure and provide all applicable licenses and permits from appropriate regulatory agencies. 10. The temporary parking area permitted by Resolutions #862 and #887 may continue to be utilized until such time as the proposed rail trail is completed adjacent to the subject property, or until such time as construction and operation of use(s) permitted by this Conditional Use Permit amendment warrant provision of required permanent parking, whichever occurs first. Specifically, in the event the rail trail is the primary improvement completed, the applicant shall remove the existing asphalt from the "temporary" parking area and supply applicable permanent parking in accordance with requirements of adopted City Code. 11. No further expansion of the use or additions to any of the facilities shall be permitted except as approved by another Conditional Use Permit. 12. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 13. If any of the stated conditions are violated, the applicant understands and agrees the City Council may revoke this Conditional Use Permit by Resolution. • • C~ CITY OF CLF.RMONT RESOLUTION No. 927 Page-4- DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 8TH DAY OF APRIL, 1997. ' `~ ~ c ROBERT A. O Mayor ATTEST: r OSEPH E. V ILE, City Clerk •