R-2013-15 CITY OF CLERMONT
RESOLUTION NO. 2013-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A RESTAURANT IN
THE C-1 LIGHT COMMERCIAL ZONING DISTRICT
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held July 2, 2013 recommended denial of this Conditional Use
Permit to allow for a restaurant in the C-1 Light Commercial Zoning District; at the following
location:
LOCATION:
101 East Highway 50
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 for a restaurant in the C-1 Light
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 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.
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.
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CITY OF CLERMONT
RESOLUTION NO. 2013-15
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 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. 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 Environmental Services
Director.
8. 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.
9. Should the restaurant use cease operations for a penod greater than one year, a new
Conditional Use Permit shall be required.
10. 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. Recurring documented complainants 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 restnctions on the operation of the business deemed necessary to alleviate the
complaints.
11. 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.
12. The structure shall be inspected by the City Building Inspector and all building code
violations must be corrected pnor to a Certificate of Occupancy being issued.
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CITY OF CLERMONT
RESOLUTION NO. 2013-15
13. 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 and permitted C-1 uses at 101 East Highway 50.
2. There shall not be any patron use areas outside the building.
3. The existing display pool shall not be used for patron use in association with the restaurant.
4. No outdoor storage or display shall be permitted without obtaining City approvals in
accordance with the Land Development Code.
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 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.
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CITY OF CLERMONT
RESOLUTION NO. 2013-15
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 14th day of January, 2014.
CITY OF CLERMONT
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‘,, T •aro d S. Turville, Jr., Mayor
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Tracy Ackroyd, City Clerk
Approved as to form and legality:
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