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R-2017-01 CITY OF CLERMONT RESOLUTION NO. 2017-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A CHURCH 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 3, 2017 recommended approval of this Conditional Use Permit to allow for a church in the C-2 General Commercial zoning district; at the following location: LOCATION: 194 North Highway 27 Towerview Office Complex AK 1109949 WHEREAS, the granting of this Conditional Use Permit will not adversely affect the officially adopted Comprehensive Plan of the City; such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; the proposed use will comply with the regulations and conditions specified in the codes for such use; and the proposed use may be considered desirable at the particular location. WHEREAS, based on the foregoing, 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 church 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 expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 1 CITY OF CLERMONT RESOLUTION NO. 2017-01 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 appropriate jurisdictional entities. 4. The structure shall be inspected by the Fire Inspector for life safety requirements and all requirements must be met prior to any Certificate of Occupancy being issued. 5. The structure shall be inspected by the Building Inspector and all building code violations must be corrected prior to a Certificate of Occupancy being issued. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 7. 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. 8. The Conditional Use Permit must be executed and filed in 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. 9. 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. 10. No business, including non-profit, 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 Development Services Department. 11. If, at a future date, parking at this site proves inadequate, the applicant understands and agrees that the City may require additional parking or rescind this Conditional Use Permit. 12. Should the church use cease operations for a period greater than 1 year, a new Conditional Use Permit shall be required. 13. Should any business; existing or future, that sells alcoholic beverages for on- or off-site consumption wish to locate within 500 feet of the church, the church would not contest such use. 2 CITY OF CLERMONT RESOLUTION NO. 2017-01 Section 2—Land Use 1. 194 North Highway 27, building 2 only, which is 3,800 square feet, may be used as a church in addition to any permitted C-2 General Commercial uses. The facility shall not be used as a private school without amending the Conditional Use Permit. 3 CITY OF CLERMONT RESOLUTION NO. 2017-01 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 17th day of January, 2017. CITY OF CLERMONT Gail L. Ash, Mayor ATTEST: Tracy Ackroyd Howe, City Clerk Approved as to form and legality: D '161174-Frantzaris, City Attorney