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R-09-1608CITY OF CLERMONT RESOLUTION NO. 1608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A CHURCH FACILITY IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held March 3, 2009 recommended for approval of this Conditional Use Permit to allow a church facility in the C-2 General Commercial Zoning District at the following location: LOCATION: 777 U.S. Highway 27 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: This application for a Conditional Use Permit to allow a church facility in the C-2 General Commercial Zoning District; be granted subject to the following conditions: CONDITIONS: Section 1 -General Conditions 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. No expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 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. The structure shall be inspected by the Fire Marshal for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued. 5. The structure shall be inspected by the County Building Inspector and all building code violations must be corrected prior to a certificate of occupancy being issued. 1 CITY OF CLERMONT RESOLUTION NO. 1608 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 7. 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. 8. The Conditional Use Permit must be executed and filed in the office of the City Manager within 90 days of its date of grant by the City Council or the permit shall become null and void. 9. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date of this Conditional Use Permit is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 10. Should a business that sells alcoholic beverages for onsite consumption wish to locate within 500 feet of the church, the church would not contest a variance application to allow said use within 500 feet of the church. 11. Should the church use become an infringement upon the other business within the plaza, the city reserves the right to reopen the CUP for additional review and conditions. Section 2 -Land Use 1. 777 U.S. Hwy. 27 may be used as a church facility in addition to any permitted C-2 uses. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 24th DAY OF MARCH, 2009. ATTEST: ~~' U Tracy Ackroyd City Clerk i -/ _ Harold S. Turville, Jr., Mayor 2