Resolution No. 2019-19R d✓
CLERWONT CITY OF CLERMONT
RESOLUTION NO. 2019-19R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A TIRE STORE WITH
EIGHT SERVICE BAYS IN PLANNED UNIT DEVELOPMENT ZONING
DISTRICT.
WHEREAS,the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held August 6, 2019 recommended approval of this Conditional Use Permit
to allow for a tire store with eight service bays, at the following location:
LOCATION:
Action Gator Tire Store at Hammock Ridge
Vacant parcel on the north side of Hammock Ridge Road and US Highway 27
Alternate Key 3913718
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, the applicant has applied for a Conditional Use Permit to allow a tire store
and auto services facility in the Planned Unit Development Zoning District, with C-1 permitted
uses, the subject parcel is part of the Tuscany Village Planned Unit Development Master Plan
(Resolution No. 1532) also known as The Shoppes at Hammock Ridge;
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 tire store and with eight automotive
service bays in the Planned Unit Development zoning district, be granted subject to the following
conditions:
SECTION 1. General Conditions
1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with
the land and the terms, conditions, and provisions hereof, and shall be binding upon the
present owner and any successor in title or interest, and shall be subject to each and every
condition herein set out.
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caR IOK CITY OF CLERMONT
RESOLUTION NO.2019-19R
2. Upon approval of the resolution the aforementioned property shall only be used for the
purposes described herein. No further expansion of the use or additions to this project shall
be permitted except as approved by another Conditional Use Permit. Any other proposed
use shall be specifically authorized by amendment and approval of the City of Clermont
City Council.
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. Prior to the issuance of any permits, the applicant shall be required to submit formal site
plans for review and approval by the City of Clermont Site Review Committee. The site
plans shall meet all submittal requirements and comply with the conditions of this
Resolution,applicable CityCodes,Regulations,Ordinances,and provide compliance with
the adopted City Comprehensive Plan, as amended.
5. 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 Development Services
Department.
6. 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.
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. 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. 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.
11. This permit shall become null and void if substantial work has not begun within two (2)
years of the date of issuance of this Conditional Use Permit.
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afFeoNT CITY OF CLERMONT
RESOLUTION NO. 2019-19R
SECTION 2. Land Uses and Specific Conditions:
1. This Conditional Use Permit is for a 6,800 square feet tire store with eight(8)service bays
located in the Tuscany Village Planned Unit Development Master Plan (Resolution No.
1532), also known as The Shoppes at Hammock Ridge. The Planned Unit Development
allows C-1 Light Commercial permitted uses.
2. The property shall be developed in substantial accordance with the Preliminary Conceptual
Site Plan (Exhibit A) prepared by Genesis Engineering. The conceptual plan submitted
with the Conditional Use Permit application is not an approved site plan. 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 site will be developed to meet the City's
Architectural Standards and Land Development Code.
3. The site may also be used for any permitted use in the C-1 Light Commercial zoning
district. All uses must adhere to the requirements of the Land Development Code.
4. No outside storage of any tires will be allowed. Any tire storage shall be completely
enclosed and screened from public view and any public streets. All enclosures shall be
designed to be compatible and complement the architecture color and materials of the
primary building.
5. All service bays shall be designed not to face US Highway 27. Automotive service areas
shall be completely screened from public view and public streets with walls and
landscaping. No outside auto service operations shall be permitted.
6. In the event the operation of the use as authorized herein results in three (3) documented
violations of City Code Chapter 34, Article II, "Noise" as may be amended or revised, in
any thirty (30) consecutive-day period as verified by staff, this Conditional Use Permit
shall be presented to the City Council for consideration of further conditions or revocation
of this Conditional Use Permit.
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• CITY OF CLERMONT
C ChandOtompore RESOLUTION NO. 2019-19R
Exhibit A—Preliminary Conceptual Site Plan
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cp‘otimrt. CITY OF CLERMONT
�-� RESOLUTION NO. 2019-19R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake
County, Florida,this 27th day of August, 2019.
CITY OF CLERMONT
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Gail L. Ash, a or
..' ATTE$T:
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Tracy Ackroyd Howe, City Clerk
Approved as to form and legality:
Dame . antzaris, City Attorney