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R-2013-05 CITY OF CLERMONT RESOLUTION NO. 2013-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A PROFESSIONAL/ MEDICAL OFFICE IN THE R-3-A RESIDENTIAL/PROFESSIONAL ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Flonda at a meeting held March 5, 2013 recommended for approval of this Conditional Use Permit to allow a professional/medical office in the R-3-A Residential/Professional zoning district; at the following location: LOCATION: Northwest corner of Oakley Seaver Drive and North Don Wickham Dnve 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 professional/medical office in the R-3-A Residential/Professional 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. 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. 1 CITY OF CLERMONT RESOLUTION NO. 2013-05 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 the Conditional Use Permit is executed and signed by the appropnate 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. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 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 1. The property is approved for a medical office building as well as permitted uses within the R-3-A Zoning District. 2. The property shall be developed in substantial accordance with the conceptual site plan dated January 22, 2013 prepared by McCoy and Associates. Formal construction plans, incorporating all conditions stated in this permit shall be submitted for review and approval by the Site Review Committee prior to the issuance of a zoning clearance of other development permits. The conceptual site plans submitted with the Conditional Use Permit application are not the approved construction plans. 2 CITY OF CLERMONT RESOLUTION NO. 2013-05 3. In the event that parking at this site proves inadequate the City reserves the right to open the Conditional Use Permit for further review and additional conditions which may include additional parking requirements or revocation of the Conditional Use Permit. Section 3—Site Development 1. Detailed grading, erosion control, and dust abatement plans for the entire site shall be submitted to and approved by the Site Review Committee prior to construction plan approval and the initiation of development activity. The dust abatement plan shall detail measures to be taken to eliminate the migration of dust particles from the site. 2. All excavated material shall be stored in a location approved by the City Engineer. 3. Geo-technical information regarding the soil characteristics of the site shall be submitted to the City as part of the final site review process. 4. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all disturbed areas where construction is not immediately intended. Said plan shall be provided in accordance with an approved ground cover plan acceptable to the City in accordance with Best Management Practices (BMP) of the United States Department of Agriculture Soil Conservation Service. Section 4—Utilities and Stormwater 1. The permittee shall be responsible for purchasing, installing, and maintaining fire Hydrants within the project. They shall be installed according to City Code. 2. The project shall be plumbed for reuse water with purple piping. Until such time as reuse water is available, irrigation water shall be provided for by well. Section 5 - Architectural Design Standards 1. All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. '2. All fencing within public view shall be ornamental metal or bnck, as approved by the Site Review Committee. 3 CITY OF CLERMONT RESOLUTION NO. 2013-05 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 26th day of March, 2013. CITY OF CLERMONT ,C` �a�ii� � „ d amid S. Turville, Jr., Mayor 1 "1 "4 ATTEST :,_^ :+ t x «4e.uo\•• " �r Tracy Ac oyd, City Cle lM Approved as to form and legality: i