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R-2010-08 CITY OF CLERMONT RESOLUTION NO. 2010-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT FOR A CONDITIONAL USE PERMIT TO REMOVE THE REAR FOUR FOOT WALL REQUIREMENT AND ALLOW ADDITIONAL TIME FOR CONDITIONAL USE PERMIT COMPLIANCE. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held May 4, 2010 recommended for approval of this amendment for a Conditional Use Permit to remove the rear four foot wall requirement and allow additional time for conditional use permit compliance; at the following location: LOCATION: 611 West Highway 50 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 this amendment for a Conditional Use Permit to remove the rear four foot wall requirement and allow additional time for conditional use permit compliance; 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 further expansion of the use, additions to the use, or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. The property may be utilized in substantial compliance with the site plan completed by Montverde Engineering, Inc. dated April 1, 2009, which was submitted with the Conditional Use Permit application. 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 site plans submitted with the Conditional Use Permit application are not the approved construction plans. 1 CITY OF CLERMONT RESOLUTION NO. 2010-08 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. 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 6. No business can occupy any portion of the building unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning and Zoning Department. 7. The Conditional Use Permit must be executed by the permittee and submitted to the office of the City Clerk within 30 days of its date of approval by the City Council or the permit shall become null and void. 8. Should this use cease operations for more than 180 days, a new Conditional Use Permit shall be required for the same or similar operation. 9. This Conditional Use Permit shall be found in noncompliance if all improvements, renovations and items as outlined in the site plan are not completed within three (3) months of the date this Conditional Use Permit is approved the City Council. Section 2. Land Use 1. Automotive and truck repair service would be limited strictly to cars, SUVs, vans, recreational vehicles, dump trucks, agricultural or construction implements such as, but not limited to, tractors and front end loaders, semi tractors without trailers attached and small utility (light) trucks. No semi - trailer, or heavy equipment (such as bulldozers), repairs, parking or storage, shall be permitted. 2. 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. Recurring documented complainants related to noise or other disturbances emanating from the operation shall be considered prima facie evidence of a violation of this provision. The owner shall be given written notice of such violations and shall have seven (7) days after receipt of such notice within which to demonstrate that adequate measures have been taken to alleviate the source of the disturbance which gave rise to the recurring complaints. If, in the opinion of the Planning and Zoning Director, the disturbances have not been corrected, the owner will be scheduled for the next available City Council meeting to determine the appropriate action necessary to alleviate the disturbance, including any additional restrictions on the operation of the business deemed necessary to alleviate the complaints. 2 CITY OF CLERMONT RESOLUTION NO. 2010-08 3. If any of the stated conditions are violated, including maintained landscaping and site maintenance in accordance with the Conditional Use Permit site plan, the applicant understands and agrees that the City Council may revisit and /or revoke the Conditional Use Permit by Resolution. This shall include: 4. Any and all signage, appendage, attachments, displays, depictions or the like, attached to the building or placed on the premises, shall be in accordance with City of Clermont Codes. 5. All repairs or service, other than minor repairs such as wiper blades or headlight/taillight bulbs, or similar minor items, must be done within an enclosed building. 6. Display sales of any vehicle(s) shall not be allowed. 7. No outside storage of any vehicles shall be allowed on site, except for vehicles awaiting immediate repair. 8. No parking, storage of vehicles or equipment, or other uses of any kind are allowed on any adjacent right -of -way. 9. A four -foot high masonry wall or additional landscape buffering may be required along the southwest, south and southeast perimeter if the following does not occur: a. Landscaping does not provide sufficient cover as indicated by dead material, lack of maintenance or undersized growth. b. Sufficient coverage of repair vehicles is not provided by the landscaping. 10. The City reserves the right to open the Conditional Use Permit for further review and additional conditions. 11. Maintenance of plant materials on Lake Avenue must be provided. 3 CITY OF CLERMONT RESOLUTION NO. 2010-08 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 25th day of May, 2010. CITY OF CLERMONT Harold S. Turville, Jr.,'T ayor ATTEST. / Tracy Ac oyd, City Cler 7 4