Loading...
R-2012- 21 CITY OF CLERMONT RESOLUTION NO. 2012-21 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, Florida at a meeting held July 3, 2012 recommended for approval of this Conditional Use Permit to allow a restaurant in the CBD Central Business District; at the following location: LOCATION: 848 West Osceola Street 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: 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 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. 1 CITY OF CLERMONT RESOLUTION NO. 2012-21 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. 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 in the form set forth in Exhibit "A" 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 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. 9. 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 and State, County or City Codes. 10. 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. 11. Should the restaurant use cease operations for a period greater than one year, a new Conditional Use Permit shall be required. 2 CITY OF CLERMONT RESOLUTION NO. 2012-21 12. In the event that the noise levels create a nuisance to the surrounding property owners, the City reserves the nght to open the Conditional Use Permit for further review and additional conditions. Recurring documented complainants related to noise or other disturbances emanating from the operation shall be considered pnma 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 nse 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. 13. No outdoor music shall be allowed past 11:00 P.M. on Friday or Saturdays, and 10:00 P.M. Sunday thru Thursday. 14. The structure shall be inspected by the Fire Marshall for life safety requirements. All requirements must be net pnor to any Certificate of Occupancy being issued. 15. 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. 16. 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 1. Permitted uses shall include a restaurant at 848 West Osceola St., as well as uses permitted with the CBD Central Business Distnct. Additional uses, events and activities permitted in direct association with the restaurant operation may include the following: a) Weddings,holiday parties, special event venues. b) Live music(on the restaurant deck and outdoor area) c) Public movie night and poetry night. d) Contests — talent show, hot dog eating, competition hosting for Miss Clermont and Lake County, dancing, singing, music, karate, high school cheer/dance, sand castle, doggie dress-up parades, and similar functions. e) Children playground area, beach volleyball, horseshoe, corn hole and similar activities. f) Bicycle and water sport rental area, ice/vending machines and bait sales. 2. No outdoor storage or display shall be permitted without obtaining City approvals (see variance) in accordance with the Land Development Code. 3 CITY OF CLERMONT RESOLUTION NO. 2012-21 3. Once construction has commenced, the existing 4,040 square foot building shall only be permitted for storage and a 150 square foot office space, directly associated with the restaurant use. Any warehouse rental operations or similar use shall not be permitted. No other uses shall be permitted without a Conditional Use Permit amendment. Section 3 - Architectural Design and signage: 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. No signage shall be permitted on the existing 4,040 square foot building. 4. All other signage shall comply with applicable codes. 4 I LIMN i u LOQC MI_ eaOavllaY! 1 aaaaLisl�oai�olw Z#Wild 1d33NO3 awl 3HL NO 8.ATrl °'a°°— —ary°pp 8 11 a 11 ti 5 z 1 I ; :p3 ®d e p 4 qap I f1e e f SI z ), m !iiiIj le it F: $ IjIiliIII hil 111 / J AI . a _OM aE as -_J I ti ., i , =------, „„m " '�1 } N in. �� N , ,, , ,,,,o, j • W � r!s i z . .ni ,4 glj' ' al s L �� il ii ' grifig.m 1 . ! Airr-7,r114 F1.,.-__,:,' ,_. I' , . ' s \s.. 1 I - - t )\\ 1 , 1 A s /,%// iii %,.. J CITY OF CLERMONT RESOLUTION NO. 2012-21 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 24th day of July, 2012. CITY OF CLERMONT !' 7 a old S. Turville, Jr., • ayor ATTEST: Tracy Ac A' d, ity Clerk if Approved as to form and legality: Daniel F. Mantzaris, City Attorney