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R-2014-01 CITY OF CLERMONT RESOLUTION NO. 2014-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOTIVE REPAIR CENTER IN 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 7, 2014 recommended for approval of this Conditional Use Permit to allow an automotive repair center in the C-2 General Commercial zoning district; at the following location: LOCATION: Vacant property(Alt. Key 3781935) on west side of Highway 27; north of Hunt 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 an automotive repair center in the 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. 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.2014-01 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 Marshal 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 an automobile & tire repair center as well as permitted uses within the C-2 General Commercial zoning district. 2. The property shall be developed in substantial accordance with the conceptual site plan in Exhibit 5. 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. 3. 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 CITY OF CLERMONT RESOLUTION NO. 2014-01 4. Display sales of any vehicle(s) shall not be allowed. 5. No outside storage of any vehicles shall be allowed on site, except for vehicles awaiting immediate repair. 6. No parking, storage of vehicles or equipment, or other uses of any kind are allowed on any adjacent right-of-way. 7. 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. 8. 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 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. 9. 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 utility trucks, light trucks. No semi-trailers or heavy equipment, such as bulldozers; repairs; parking or storage; shall be permitted. 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. 3 CITY OF CLERMONT RESOLUTION NO. 2014-01 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. Direct exposed view neon tubing or similar type tubing shall not be utilized for building trim or accent areas. 3. All fencing within public view shall be ornamental metal or brick, as approved by the Site Review Committee. 4 CITY OF CLERMONT RESOLUTION NO. 2014-01 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, ,r Florida, this 28th day of January, 2014. { ,. set'' CITY OF CLERMONT c„; H77a-§. Turville,Jr., Mayor ATTEST: l 4P/ j- Tracy Ackroyd, City Clerk 4 Approved as • • and le_ality: illiffrarrizaris, City Attorney Exhibit 5 0 - - - -- - r , —— - r Btoxam Ave. ow RAN o•"ow JT=�.� _ _— :+5 fe§ -0 si �I r- - i . i:...:11.It, 1 ' 1 �` : 0 o i I I j i I II- e [ii , , . / 1 iL' 4 :,1M'3IRI =1 I 30' 11 I I 1JI . ,� I I 11% ! :1;61 - j \ L---T---T--_J .y -4 ' ,L Itwi.co L a, -__J 10 m m 1E1 10 ��, ° +---_ -T-- —1 I ,ID -0;T - --T _—y w t , ` ` I I 1 1 1 1 I I I I I I I I II 4- -. _ 1'_ `- _i_i I LLL iiii..iis_iJ r n=... 0® � ® - -- — — ivierwmi kt U.S. Hwy. 27 •