R-2011-18 CITY OF CLERMONT
RESOLUTION NO. 2011-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE REPAIR
GARAGE, OVER FOUR USERS FOR MULTI - TENANT COMMERCIAL
BUILDINGS, AND COMMERCIAL BUILDING OVER 20,000 SQUARE
FEET WITHIN A C -2 GENERAL COMMERCIAL ZONING DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held September 6, 2011 recommended for approval of this
Conditional Use Permit to allow an automobile repair garage, over four users for multi -tenant
commercial buildings, and commercial building over 20,000 square feet within a C -2 General
Commercial Zoning District; at the following location:
LOCATION:
Northeast corner of US 27 and Hooks Street (west of Grand Highway)
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, Flonda that:
This application for a Conditional Use Permit to allow an automobile repair garage, over four
users for multi -tenant commercial buildings, and commercial building over 20,000 square feet
within a C -2 General Commercial Zoning District; be granted for phases 1 and 2 of the project,
subject to the following conditions:
CONDITIONAL USE PERMIT 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 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.
3. No business can occupy any portion of a building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Planning & Zoning
Department.
CITY OF CLERMONT
RESOLUTION NO. 2011-18
4. The Conditional Use Permit must be executed and processed through 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.
5. 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
as provided by the_City or a form acceptable to the City, 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.
6. 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.
7. The applicant shall be required to submit a formal site plan for review and approval by
the city staff. The project shall be designed in substantial accordance with the site plan
(Exhibit "A ") presented at the preliminary site review meetings and public hearings with
the exception of modifications necessary to comply with final conditional use permit
conditions.
8. All parking must be provided for each individual building in accordance with the Land
Development Code.
9. The structure shall be inspected by the Fire Marshall for life safety requirements. All
requirements must be met prior to any Certificate of Occupancy being issued.
10. The structure shall be inspected by the City Building Inspector for life safety
requirements. All requirements must be met prior to any Certificate of Occupancy being
issued.
11. 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.
12. The CUP shall pertain and only be applicable to the Preliminary Master Site Plan by
McCoy & Associates dated July 2011 as submitted for the CUP. Phase 3 of the
development is not included as part of this approval and any development or
improvement therein shall require an approved amendment to this CUP.
Section 2 — Land Use
Permitted uses shall include an automobile repair garage and multi tenant commercial buildings
for permitted uses within the C -2 General Commercial zoning distract.
CITY OF CLERMONT
RESOLUTION NO. 2011-18
Section 3 - Landscaping
Prior to the first Certificate of Occupancy (CO) for any phase, the developer shall:
1. Plant the entire perimeter buffer areas in accordance with the Land Development Code.
2. Stabilize and sod the remaining lots /phases as approved by the City Engineer.
3. All landscaping shall comply with the Land Development Code.
Section 4 - Transportation Improvements:
The developer shall provide the following transportation improvements:
1. Access to any adjoining street shall be approved by the applicable state and local agencies
and meet all codes as required.
2. All pedestrian sidewalks shall be completed on Grand Highway and Hooks street prior to
the first Certificate of Occupancy is issued. Lake County and the City of Clermont shall
determine if any deceleration turning lane would be required for access. Installation shall
be at the developer's expense.
Section 5 - Architectural Design:
All structures shall be designed and constructed in accordance with the Architectural Standards
of the City of Clermont. In addition, the following shall be required:
1. All fencing within public view shall be ornamental metal or bnck, as approved by the
City's Site Review Committee. Chain link fencing shall be prohibited.
2. Direct exposed view neon tubing and scrolling text message boards are prohibited. Neon
tubing shall not be utilized for building tnm or accent areas.
3. All other signage shall comply with applicable codes.
CITY OF CLERMONT
RESOLUTION NO. 2011-18
Exhibit "A"
Clermont Land Development LLC, (PEP BOYS & Multi- tenant) — CUP
Northeast corner of U.S. Highway 27 and Hooks Street (and west of Grand Highway)
Preliminary Master Site Plan:
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HOOKS STREET
CITY OF CLERMONT
RESOLUTION NO. 2011-18
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida,
this l l th day of October, 2011.
a ,�`,1tfilYst l`1 CITY OF CLERMONT
,..,'' , ; ; 4 .6. 4 -4r% /....1.4
/,, , {� Haro d S. Turville, Jr., M1.sr
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Tracy Ac o d, City Cler
Approved as to form and legality:
410
:die . Mantzaris, City Attorney
INSTRUMENT #2011105066
OR BK 4089 PG 1084 -1084 (1 PGS)
DATE 11/1/2011 3:18 58 PM
RETURN TO: NEIL KELLY, CLERK OF THE CIRCUIT COURT
Tracy Ackro d City Clerk LAKE COUNTY
�' y � Y RECORDING FEES $10 00
City of Clermont
N 685 West Montrose St.
W Clermont, FL 34711
co
"' SHORT FORM CONDITIONAL USE PERMIT
g
�, THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional
F J Use Permit adopted and approved by the Clermont City Council by Resolution No.
v =, oc 2011 -18 and agreed to and accepted by the undersigned developer /applicant as of
z � _ October 11, 2011, with regard to the following described real property:
= N fZ
n -a Northeast comer of 27 and Hooks Street west of Grand Highway, ghway, also described as
being: Clermont, Oak Hill Commons — Unit 1 being in 30 -22 -26 according to the Plat of
77 the City of- Clermont; recorded in Plat Book 62, Pages 87 -89, of the Public Records of
Lake County, Florida.
and is for the purposes of providing notice to all interested parties, the assigns,
successors and heirs of the undersigned developer /applicant and all future owners of the
above- refemced proeprty that the real property described above is subject to the terms
and conditions of the above- refeniced Conditional Use Permit.
IN WITNESS WHEREOF, the undersigned has duly executed this Short Form
Conditional Use Permit as of the day set forth below.
Signed, seal . - .. elivered in the presence of /
Adt , Applicant Signed by Applicant
✓mrI G' P7 `Gi"-- /2•'
Printed Name and Title Printed Name : . . T i t l e
STATE OF FLORI A:
COUNTY OF / 4C_! oe,d -(J
Or
I HEREBY CERTIFY that on this 2 7day of �� de 20 //, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared 1n n f c - („ „ L
who is personally known to , me or who has produced f t.-- 1) L.- a s
identification and w . executed the foregoing instrument, and who did take an oath.
O ' R IC My commission expires: < )- ' c r go 1 3
o� JAMES DENNIS
Notary Pubic, State of Holds
$ , t 24 " Commiss!on# DD025797
My comm. expires Sept 10, 2013
.�- - ,._