R-96-899
e
.
.
e
.
CI1Y OF CLERMONJ'
RESOLUTION
No. 899
A RESOLUTION OF mE cm COUNCIL OF mE cm OF CLERMONT, LAKE
COUN1Y, FWRIDA GRANTING A CONDmONAL USE PERMIT TO ALLOW mE
OPERATION OF A RESTAURANT AND COMMUNIlY mEATER, LOCATED IN
mE CBD CENTRAL BUSINESS DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held February 6, 1996 recommended approval of this
Conditional Use Permit to allow the operation of a restaurant and community theater in
the CBD Central Business District at the following location:
LEGAL DESCRIPTION
Lots 1, 3, 5, 7 and 9 and the north to' of lots 2, 4, 6, and 8,
and the north 10' of the east 40' of lot to, Block 93.
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 mEREFORE 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 and community theater located in the CBD Central Business District be
granted subject to the following conditions:
1. 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.
2. 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.
3. All applicable rules and regulations shall be met, including but not limited to, final
site plan approval, landscaping, drainage, parking, sign regulations, and all yard setbacks.
All required landscaping must be served with a low volume permanent source of
irrigation including City approved and State mandated back-flow prevention device and
.
.
.
e
e
CI1Y OF CLERMONJ'
RESOLUTION
No. 899
Page - 2 -
rain sensor gauge. All landscape areas must be properly maintained. 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.
4. The developer shall be responsible for the cost and installation of any required
on-site and off-site infrastructure improvements necessitated by impacts of the project
(Le. Concurrency Management).
5. The permittee shall provide a sidewalk constructed in accordance with City
standards along City Streets, the length of the subject property.
6. The site shall be provided with a masonry dumpster enclosure with wooden gates
which shall be indicated on the approved site plan.
7. The developer shall construct a five (5) foot wide landscape buffer along parking
areas, adjacent City Streets in conformance with adopted City standards. Buffering from
adjacent uses shall also be required in conformance with City Code. The buffer areas
shall be provided with a low volume, permanent source of irrigation, back-flow
prevention device and rain sensor device in conformance with City and State regulation.
8. The Permittee shall provide the required number of parking spaces through on-
site provision, Q[ through appropriate compensation via utilization of the one (1) time
Parking Space Exchange Program. Said compensation shall be provided to the City prior
to receipt of a development permit or any form of construction activity on the site.
9. The applicant shall provide a signed and recorded cross parking agreement for the
seventeen (17) parking spaces located on the adjacent Funeral Home Property. Said
agreement shall be reviewed and approved by the City prior to commencement of any
development activity on the site.
10. Stormwater data, calculations, and logistical configurations shall be approved by
the City prior to any construction activity. Positive outfall for stormwater shall be
provided as approved by the City Engineer.
11. A St. Johns River Water Management District stormwater permit or letter of
exemption shall be required and filed with the City prior to receipt of a development
permit or any form of construction activity on the site.
e
-
.
CI1Y OF ClERMONJ'
RESOLUTION
No. 899
Page - 3 -
12. All lighting for the proposed facility shall be designed and located such that light
and/or glare shall be directed upon the subject property only.
13. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
14. This permit shall become null and void if substantial construction work has not
begun within one (1) year of the date of issuance of this Conditional Use Permit.
"Substantial construction work" means the commencement and continuous prosecution of
construction of required improvements ultimately finalized at completion.
15. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
.
16. If any of the stated conditions are violated, the applicant understands and agrees
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 2ITH DAY OF FEBRUARY, 1996.
øj/~
ROBERT A. POOL, Mayor
ATTEST:
e