R-02-1245• •
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CITY OF CLERMONT
RESOLUTION
NO. 1245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 427 TO ALLOW
CONVERSION OF AN EXISTING RESIDENCE INTO AN ADULT DAYCARE FACILITY; TO INCREASE
THE AREA COVERED BY THE CUP TO INCLUDE LOTS 1,2 AND 11 OF CLERMONT LAKE
HIGHLANDS ESTATES, TO ALLOW THE CONSTRUCTION OF ADDITIONAL PARKING SPACES
AND THE NECESSARY WATER RETENTION AREAS FOR THE NEW PARKING; THE
CONSTRUCTION OF A LANDSCAPE BUFFER AND OPAQUE WALL OR FENCE ALONG THE
SOUTHERN BOUNDARY OF LOT 2; AND THE INSTALLATION OF A TRASH COMPACTOR AND
ENCLOSURE TO REPLACE EXISTING DUMPSTERS.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held March 5, 2002 recommended approval of this Conditional Use Permit to amend
Resolution No. 427 to allow conversion of an existing residence into an adult daycare facility; to increase
the area covered by the CUP to include lots 1,2 and 11 of the Clermont Lake Highlands Estates, to allow
the construction of additional parking spaces and the necessary water retention areas for the new
parking; the construction of a landscape buffer and opaque wall or fence along the southern boundary of
Lot 2; and the installation of a trash compactor and enclosure to replace existing dumpsters at the
following location:
Legal Description
151 East Minnehaha Avenue
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 amend Resolution No. 427 to allow conversion of an
existing residence into an adult daycare facility; to increase the area covered by the CUP to include lots
1,2 and 11 of the Clermont Lake Highlands Estates, to allow the construction of additional parking spaces
and the necessary water retention areas for the new parking; the construction of a landscape buffer and
opaque wall or fence along the southern boundary of Lot 2; and the installation of a trash compactor and
enclosure to replace existing dumpsters; be granted subject to the following conditions:
CONDITIONS:
Section 1 -General Conditions
1. All conditions as listed in Resolution #427 that do not conflict with this resolution shall continue to
apply to this property.
2. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs,
assigns and successors in title or interest.
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CITY OF CLERMONT
RESOLUTION
NO. 1245
Page 2
3. No further expansion of the use or additions to the facility shall be permitted except as approved
by another Conditional Use Permit.
4. 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 conceptual site plans submitted with the CUP application are not the approved
construction plans.
5. 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.
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 Clerk 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.
Section 2 -Land Use
1. Approved uses for the property include a skilled nursing facility and an adult day care facility. No
other uses are allowed except as approved by another Conditional Use Permit.
Section 3 -Excavation and Grading/Operation Plans
1. A dust abatement an soil erosion plan shall be submitted to the City detailing measures to be
taken to eliminate the migration of dust particles and soil erosion. All disturbed areas that are not
developed within 30 days after grading shall be seeded and mulched or sodded.
2. All excavated material shall be stored in a location approved by the City Engineer.
Ingress and egress to the site for construction shall be determined by the City Engineer.
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CITY OF CLERMONT
RESOLUTION
NO. 1245
Page 3
Section 4 -Transportation Improvements
1. A sidewalk shall be constructed along the East Avenue road frontage at the time in the future
when the City extends the sidewalk south of the subject property along East Avenue.
2. Additional parking shall be constructed on lots 1, 2, and 11 so as to provide as many parking
spaces as stormwater retention and buffering requirements will allow. The parking for the adult day care
shall be provided prior to the issuance of a certificate of occupancy. The additional parking on lots 2 and
11 shall be constructed per plans approved by the City and shall be completed and approved by the City
within 18 months of the date of approval of this resolution by the City Council.
Section 5 -Utilities and stormwater
1. The dumpsters shall be removed and replaced by a compactor to be located as depicted on the
attached site plan. The compactor shall be enclosed by a masonry enclosure per City code.
2. Existing stormwater retention areas shall be rehabilitated and constructed per current City code
including sodding the sides of the retention ponds.
Section 6 -Landscaping and miscellaneous site improvements
1. A masonry wall six feet in height and a landscaped buffer with irrigation shall be provided along
the southern boundary of the property to screen the parking lot from the adjacent residence. In addition,
a solid fence or wall shall be constructed along the west end of the parking lot on Lot #2 and a landscape
buffer with irrigation shall be provided along the western property boundary of Lot #2. The wall, fence,
and landscape buffers shall be constructed prior to the issuance of a certificate of occupancy for the
structure formerly known as the Rogers house.
2. All stormwater runoff shall be retained on site and temporary swales and conveyances may be
constructed if necessary to retain the stormwater on site.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 9T" DAY OF APRIL 2002.
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Attest: ~
seph an Zile, ' y Clerk
~ ~ '~~
urvi le, ayor
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