R-2017-39 CITY OF CLERMONT
RESOLUTION NO. 2017-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO A CONDITIONAL USE PERMIT (RESOLUTION 2014-
19) TO REMOVE A CONDITION REQUIRING TREE MITIGATION.
LOCATION:
(Alternate Keys 3880843, 3880844, 3864451, 3800457, 3800456)
2400 Highway 27.
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 the amendment to a Conditional Use Permit; Resolution 2014-19, for a
Conditional Use Permit to allow the removal of the tree mitigation requirements 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.
3. For the remaining pads E, F, G & H, all formal construction plans incorporating all
conditions stated in this permit shall be submitted for review and approved by the Site
Review Committee prior to the issuance of a zoning clearance or other development
permits. The conceptual site plans submitted with the Conditional Use Permit application
are not the approved construction plans.
4. 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.
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CITY OF CLERMONT
RESOLUTION NO. 2017-39
5 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 or require further
conditions as deemed appropriate.
6.' 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.
7. 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.
8. For the remaining pads E, F, G &H,the final Certificate of Occupancy shall not be issued
for each building/pad until each of the stated conditions have 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.
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9. 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 Planning& Zoning Department.
10. Should all approved uses cease operation for more than one year, a new Conditional Use
Permit shall be required for the same or similar operations.
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11. 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 mayinclude
additional parking requirements or revocation of the Conditional Use Permit.
12. 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. I
13. For the remaining pads E, F, G &H, all backflows must be brought up to code when each
individual building is completed in conjunction with the Certificate of Occupancy.
14. All grease traps must be pumped at a minimum of once. per quarter, unless otherwise
approved by the Director of Utilities. The City reserves the right to open the Conditional
Use Permit for further review and additional conditions if violation of this CUP condition ,i
occurs, which may include revocation of the Conditional Use Permit and Code
Enforcement actions.
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CITY OF CLERMONT
RESOLUTION NO. 2017-39'
15. All other conditions as previously approved in Resolution No. 1472 (Exhibit A) shall
remain in effect where applicable, with the exception of Parcel C, which will be removed
from the Conditional Use Permit along with the residential use originally allowed.
16. Parcel C from the original Conditional Use Permit (Res. No. 1472) shall be provided I
access as provided by State, County and City requirements.
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17. Student drop-off and pick-up locations and access to and from the site, if determined to be
unsafe or inadequate due to: backed up conditions into'public right-of-way; interference
with neighboring businesses or property; pedestrian access or accidents; police/fire
response interference; or other public safety or general welfare conditions; the City.
reserves the right to open the Conditional Use Permit for further review and additional
conditions which may include additional requirements, revocation of those uses listed in
Section 2 Land Use#2 below, or revocation of the Conditional Use Permit.
Section 2 —Land Use
1. The property is approved for the following uses within the C-2 General Commercial
zoning District: retail, professional & medical offices, personal service; lounge, church,
children's daycare, financial institution, restaurant uses and residential uses on pads E, F,
G & H. All uses must adhere to the requirements of the Land Development Code.
2. . Other uses may include pre-school, day care, nursery schools, churches and related
activities as approved by the Site Review Committee.
3. Should a business that sells alcoholic beverages for onsite consumption wish to locate
within 500 feet of those uses listed in Section 2 Land Use#2,those uses would not contest
a variance application to allow said business within 500 feet of those uses.
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Section 3 — Landscaping
1. All further landscaping shall adhere to the current Land Development Code.
Section 4 - 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 brick, as approved by the Site
Review Committee.
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CITY OF CLERMONT
RESOLUTION NO. 2017-39
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 26th day of September, 2017.
CITY OF CLERMONT
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Gail L. Ash, Mayor
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ATTEST:
Tracy Ackroyd Howe, City Clerk
Approv-; .s to o and le.alit :
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D an�'-airom u y ttorney