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R-2010-26 CITY OF CLERMONT RESOLUTION NO. 2010-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A GUN RANGE WITHIN THE C -2 GENERAL COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held October 5, 2010 recommended for approval of this Conditional Use Permit to allow a gun range within the C -2 general Commercial District; at the following location: LOCATION: West of Highway 27, south of Twistee Treat and north of Desoto Street 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 for a gun range within the C -2 General Commercial 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 further 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 final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 5. 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. 1 CITY OF CLERMONT RESOLUTION NO. 2010-26 6. 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. 7. This Conditional Use Permit shall be recorded by the City into the Public Records. 8. 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. 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. The owner shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 11. A slab survey shall be submitted after the form boards have been installed and before the concrete has been poured. This is to ensure the setbacks and location of the building will conform to the Land Development Regulations. Section 2 — Land Use 1. In the event that the noise levels create a nuisance to the surrounding property owners, the City reserves the right to require additional sound attenuated measures be in installed. Any range noise must be inaudible from the adjacent properties. 2. The property shall be developed in substantial accordance with the conceptual Conditional Use Plan site plan dated 6 -1 -09 as prepared by Denham Summitt Engineering, LLC. 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 Conditional Use Permit site plans submitted with the CUP application are not the approved construction plans. 3. Should this use cease operation for more than 180 days, a new CUP shall be required for the same or similar operation. 4. In the event that the gun range ceases operation, the range portion may only be used as storage /warehouse space for a permitted business unless a parking variance is applied for and granted. This is due to the actual range area not being calculated for parking. 5. No automatic weapons shall be discharged at this facility at anytime. 2 CITY OF CLERMONT RESOLUTION NO. 2010-26 Section 3 - Transportation Improvements 1. Desoto Street shall be constructed by the applicant in accordance with City codes to connect to the existing street and U.S. 27 prior to issuance of the Certificate of Occupancy. 2. Sidewalks shall be required along all public road frontages in accordance with FDOT regulations and City Codes. 3. A traffic study shall be required to address any connection to U.S. 27 as needed per Code or policy. FDOT and City of Clermont shall determine if any deceleration turning lane off U.S. 27 would be required for access to DeSoto Street. Installation shall be at the developer's cost. Section 4 - Architectural Design Standards All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. In addition, the following shall be allowed: 1. All fencing within public view shall be ornamental metal or brick, as approved by the City's Site Review Committee. 2. A security plan for the building must be submitted to the City for approval by the Police Dept. and staff, and may include items such as, but not limited to: security lighting or cameras. 3 CITY OF CLERMONT RESOLUTION NO. 2010-26 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 26th day of October, 2010. CITY OF CLERMONT 4tCt- aro d S. Turville, Jr., Mayor ATTEST: f T Tracy Ackroy ,City Clerk � 4