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R-2010-28 CITY OF CLERMONT RESOLUTION NO. 2010-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT IN THE CBD CENTRAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Flonda at a meeting held December 7, 2010 recommended for approval of this Conditional Use Permit to allow a restaurant in the CBD Central Business District; at the following location: LOCATION: 658 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 restaurant in the CBD 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 the Site Review Committee. An amendment to the Conditional Use Permit may be required. 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 Code and those of other appropriate jurisdictional entities. 4. 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. 5. The Conditional Use Permit must be executed and processed through the office of the City Clerk within 90 days of its date of approval by the City Council or the permit shall become null and void. 1 CITY OF CLERMONT RESOLUTION NO. 2010-28 6. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by the City Council, a short-form version of this Conditional Use Permit to provide notice to all interested parties, the assigns, successors and heirs of the developer /applicant and all future owners of the above - referenced property that the real property described above is subject to the terms and conditions of the Conditional Use Permit. 7. The Restaurant use shall be required to install and maintain any required grease trap for food services in accordance with the Clermont Code of Ordinances and other local or state regulations. Installation and size are to be determined by the Utility Director. 8. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may open the Conditional Use Permit for further conditions or revoke this Conditional Use Permit by resolution. 9. Should the restaurant use cease operations for a period greater than one year, a new Conditional Use Permit shall be required. Section 2 — Land Use 1. Permitted uses shall include a Restaurant at 658 West Ave. as well as uses permitted with the CBD zoning district. 2. The second floor may be retained for on -site residential mixed use. All building codes for a residential mixed use if utilized must be adhered to prior to Certificate of Occupancy. 2 CITY OF CLERMONT RESOLUTION NO. 2010-28 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 14th day of December, 2010. ;NA, iq , CITY OF CLERMONT Harold S. Turvill-, '., Mayor ATTEST: Tracy Ackroyd, City Clerk 3