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R-2012- 05 CITY OF CLERMONT RESOLUTION NO. 2012-05 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 AND SHOPPING CENTER WITH FIVE OR MORE USERS 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 an automobile repair garage and shopping center with five or more users within the C -2 General Commercial Zoning District; at the following location: LOCATION: South of State Road 50 and northeast of Emerald Lakes Mobile Home Park 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 an automobile repair garage and shopping center with five or more users 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 a building unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning & Zoning Department. 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. 1 CITY OF CLERMONT RESOLUTION NO. 2012-05 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 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. 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 at the preliminary site review meetings and public hearings with the exception of modifications necessary to comply with final Conditional Use Permit conditions. 8. 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. 9. 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. 10. 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. Section 2 — Land Use Permitted uses shall include an automobile repair garage and multi tenant commercial building for permitted uses within the C -2 General Commercial Zoning District. 1. 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. 2. Display sales of any vehicle(s) shall not be allowed. 3. No outside storage of any vehicles shall be allowed on site, except for vehicles awaiting immediate repair. 4. No parking, storage of vehicles or equipment, or other uses of any kind are allowed on any adjacent right -of -way. 2 CITY OF CLERMONT RESOLUTION NO. 2012-05 5. 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. Recumng 'documented complaints 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. 6. 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 light utility trucks. No semi - trailer, or heavy equipment such as bulldozers, repairs, parking or storage, shall be permitted. Section 3 — Landscaping: Prior to the first Certificate of Occupancy 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 and/or 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. A Transportation Impact Study shall be required to address the level of service for the area, including any connection to State ( Road 50 as needed per Code or policy. Review shall be by the Lake- Sumter Metropolitan Planning Organization. 3 CITY OF CLERMONT RESOLUTION NO. 2012-05 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 brick, 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 trim or accent areas. 3. All other signage shall comply with applicable codes. 4 CITY OF CLERMONT RESOLUTION NO. 2012-05 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 24th day of January, 2012. CITY OF CLERMONT , _cok.A-6,4_,___..- arold S. Turville, Jr., Mayor ATTEST: i = i A /A Tracy Ac 4 oyd, City Cl Approved as to form and legality: ' ` DAT 11 1 's City Attorney