R-2015-04 CITY OF CLERMONT
RESOLUTION NO. 2015-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR AN OUTDOOR
COMMERCIAL ICE MACHINE/VENDING UNIT 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 February 3, 2015 recommended approval of this Conditional
Use Permit to allow for an outdoor commercial ice machine/vending unit in the C-2 General
Commercial zoning district; at the following location:
LOCATION:
1 Westgate Plaza
Alternate Key 1615569
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 is to allow for an outdoor commercial ice
machine/vending unit 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 further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit. Conditional Use Permit granted under
Resolution 2014-20 will be null and void upon approval of this Resolution. Resolution
2014-20 permitted a church to use the building on the property and is incorporated into
this Conditional Use Permit.
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 Regulations and those of other appropnate
jurisdictional entities.
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CITY OF CLERMONT
RESOLUTION NO. 2015-04
4. 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.
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. 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.
7. No business can occupy any portion of the building(s) after construction and final
Certificate of Occupancy unless the proposed business has applied for and obtained a
Local Business Tax Receipt from the Clermont Development Services Department.
8. Should approved uses cease operation for more than one year, a new Conditional Use
Permit shall be required for the same or similar operations.
9. 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.
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.
11. Should a new business that sells alcoholic beverages for onsite consumption wish to
locate within 500 feet of the church, the church would not contest said use within 500
feet of the church.
12. The site shall be limited to one outdoor commercial ice machine/vending unit that must
meet all the setbacks required for the C-2 General Commercial building setbacks.
13. The outdoor commercial ice machine/vending unit may be placed on the site and would
be exempt from Section 122-223 (c) that prohibits outdoor uses.
14. Wall type signage may be place only on the commercial ice machine and sized in
accordance with the Land Development Code for the ice machine side and/or ends.
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CITY OF CLERMONT
RESOLUTION NO. 2015-04
15. The applicant shall be required to submit a formal site plan for review and approval by
Site Review Committee(SRC). The project shall be designed in substantial accordance
with the conceptual site plan prepared by GatorSktch Corporation, dated December 18,
2014.
Section 2—Land Use
1. The property is approved for a house of worship on the top floor of the building located
at 1 Westgate Plaza.
2. The property is approved for one (1) outdoor commercial ice machine/vending unit not to
exceed the dimensions of 6 feet wide by 11 feet long by 10 feet high. The unit shall
consist of a green roof and earth tone colored wrapping. Prior to placement of the unit, a
rendering of the unit with the actual colors shall be submitted to City Staff for review and
approval.
3. The property is approved for any approved C-2 commercial uses permitted under Section
122-223 of the City's Land Development Code.
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CITY OF CLERMONT
RESOLUTION NO. 2015-04
DONE AND RESOLVED by the City Council of the City of Clermont, Lake
County, Florida, this 10th day of March, 2015.
CITY OF CLERMONT
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r 'E Gail L. Ash, Mayor
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ATTEST:
Tracy Ackr.yd, City Cler
Approved as to form and legality:
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