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R-2010-07 CITY OF CLERMONT RESOLUTION NO. 2010-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DAYCARE FACILITY IN THE CENTRAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held April 6, 2010 recommended for approval of this Conditional Use Permit to allow a daycare facility in the Central Business District; at the following location: LOCATION: 606 West 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 allow a daycare facility in the Central Business District; be granted subject to the following conditions: CUP 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 further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. The property shall be developed in substantial accordance with the conceptual site plan as submitted. A site plan 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 Conditional Use Permit application are not the approved construction plans. 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 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. 1 CITY OF CLERMONT RESOLUTION NO. 2010-07 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 6. 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. 7. 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. 8. No business can occupy any portion of the building(s) after construction and final Certificate of Occupancy, unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning and Zoning Department. 9. Should a business that sells alcoholic beverages for onsite consumption wish to locate within 500 feet of the school, the school would not contest a variance application to allow said use within 500 feet of the school. 10. In the event that the noise levels create a nuisance to the surrounding property owners, the City reserves the right to open the Conditional Use Permit for further review and additional conditions. 11. Should this use cease operation for more than 180 days, a new Conditional Use Permit shall be required for a same or similar operation. Section 2. Land Use 1. The property is approved for use as a children's day care facility as well as uses permitted with the Central Business District zoning district. 2 CITY OF CLERMONT RESOLUTION NO. 2010-07 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 27th day of April, 2010. CITY OF CLERMONT . old S. Turville, Jr., Mayor ATTEST: Tracy Ac . oyd, City Cle f 3