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R-2012- 10 CITY OF CLERMONT RESOLUTION NO. 2012-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT (2011 -18) TO MODIFY THE SITE PLAN, ALLOW AN AUTOMOBILE REPAIR GARAGE, AND OVER FOUR USERS FOR MULTI - TENANT COMMERCIAL BUILDINGS 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 March 6, 2012 recommended for approval of this amendment to Conditional Use Permit (2011 -18) to modify the site plan, allow an automobile repair garage, and over four users, for multi- tenant commercial buildings within a C -2 General Commercial Zoning Distnct; at the following location: LOCATION: Northeast corner of South US 27 and Hooks Street (west 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, Florida that: This application for an amendment to Conditional Use Permit (2011 -18) to modify the site plan, allow an automobile repair garage, and over four users for multi- tenant commercial buildings within a C -2 General Commercial Zoning District; be granted 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. 1 CITY OF CLERMONT RESOLUTION NO. 2012-10 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. 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 descnbed 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 (Exhibit "A ") presented at the preliminary site review meetings and public heanngs 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 poor 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. 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 buildings for permitted uses within the C -2 General Commercial Zoning Distnct 2 CITY OF CLERMONT RESOLUTION NO. 2012-10 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 for Phase 1. With regard to Phase 2, the existing natural perimeter buffer shall be permitted to remain in place for no longer then forty -eight (48) months if no site plan or construction is completed. Otherwise the perimeter buffer on the Phase 2 portion of the property shall be constructed in accordance with' City Code or any applicable variance that may have been granted. 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 develo ` er shall provide the following transportation p p g 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 trim or accent areas 3. All other signage shall comply with applicable codes. 3 CITY OF CLERMONT RESOLUTION NO.2012 -10 Exhibit "A" Clermont Land Development LLC, (PEP BOYS & Multi- tenant) — CUP Northeast comer of U.S. Highway 27 and Hooks Street (and west of Grand Highway) Preliminary Master Site Plan: I,1 I f �qq 1 I 1 L - ., , I " 1s� `• , jam.., .�:. ,, � G1 Ak r �� l,` `s - "� ' �'- r .,�— - rt �, 1�•1 uS s -, S It �'—A i,-. �. 1 g, E i � PHASE I i I ` i �✓'' .' ° ` - -` -; �' �i �'� .,^ A• ! rr`, 1 a PEP BOYS -- — � 4 =�' $ ..?4 f ";f* � ;;," � g� 14,360 SF 1 '- ' -j' ieV j i 'l' 4 "1I 1'1 • � vim TOTAL _$ m u e C AL•'- �irl�- 4 i,. =y 1• a - - 'i fFE�14000 a i � FJ, '` ,� 1 1 1 {�� . '' r' 1ti. N _ - -- Q V A l eta �[ ;.�* .+ N 1 :t- �- l'. W r - - 1 _ : I g , ►.-.+ w i i �� s_: a F�}-1 1 4 r': 5t -- - 4g'.} t. 7 i i� � --I-I- ) _ I o ��� ` J i. 1,s..a _ 2D' LANDSCAPE BUFFER /�re,� :'+ T � ma�.rc rove �' • . :',t, + ," F ; i�? , \ ,a.. I i V r ,i -,^ , .r),, , I.Ur Pl _j - -r HOOKS STREET 4 - CITY OF CLERMONT RESOLUTION NO. 2012-10 DONE AND. RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 27th day of March; 2012: CITY OF CLERMONT 1 T sA o . S. Turville, Jr., Mayor ATTEST: . / • Tracy A " oyd; City Clerk ' Approved as to form and legality: D. Z. • _ I ■ -