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R-2012 -04 CITY OF CLERMONT RESOLUTION NO. 2012-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A GAS STATION AND CONVENIENCE STORE WITHIN THE C -2 GENERAL COMMERCIAL ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held January 3, 2012 recommended for approval of this Conditional Use Permit to allow a gas station and convenience store within the C -2 General Commercial Zoning District; at the following location: LOCATION: 189 North US Highway 27 The City Council deems it advisable in the interest of the general welfare of the City of Clermont, Lake County, Flonda 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 gas station and convenience store within the C -2 General Commercial Zoning District, 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 the building unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning & Zoning Department. 4. 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. 5. 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. 1 CITY OF CLERMONT RESOLUTION NO. 2012-04 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 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. 7. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date the Conditional Use Permit is executed and signed by the appropriate parties. Substantial construction work means the commencement and continuous construction of required improvements ultimately finalized at completion. 8. 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 plan presented at the preliminary site review meetings and public hearings with the exception of modifications necessary to comply with final Conditional Use Permit conditions. 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 and all building code violations must be corrected prior to a Certificate of Occupancy being issued. 11. An emergency generator shall be installed to allow continuous operation of the gas station in the event of any power shortages. Section 2 — Land Use 1. Permitted uses shall include a gas station with up to six fuel islands for 12 fueling stations and a convenience store, in addition to permitted uses within the C -2 General Commercial district with proper permitting. Section 3 - Transportation Improvements: The developer shall provide the following transportation improvements: 1. Access to U.S. Highway 27 and Citrus Tower Boulevard shall be approved by the applicable state and local agencies and meet all codes as required. Section 4 - 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 adhered to: 1. All fencing within public view shall be ornamental metal or brick, as approved by the City's Site Review Committee. Chain link fencing shall be prohibited. 2 CITY OF CLERMONT RESOLUTION NO. 2012-04 2. Direct exposed view neon tubing and scrolling text message boards are prohibited. Neon tubing shall not be utilized for building trim or accent areas. 3. Signage shall not be allowed on the canopy covenng the pumps. All other signage shall comply with applicable codes. 3 CITY OF CLERMONT RESOLUTION NO. 2012-04 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 24th day of January, 2012. CITY OF CLERMONT s arold S. Turville, Jr., Mayor ATTEST: j af e (rca r 4— Tracy Ackroyd, City Clerk Approved as : orm .r . leg. • • - • '�� I I I I I '' ity Attorney L