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Resolution No. 2020-04RS CLERWONT CITY OF CLERMONT WITHDRAWN RESOLUTION NO.2020-04R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AN AUTO GARAGE WITH 12 SERVICE BAYS 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 4, 2020 recommended denial of this Conditional Use Permit to allow for an auto garage business with twelve service bays, at the following location: LOCATION: 1320 US Highway 27 Vacant parcel located at the northwest corner of the Highway 27 and State Road 50 interchange. (Alternate Key - 1592623) 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 for one auto garage building with eight service bays and one auto garage building with four service bays in the C-2 General Commercial Zoning district; 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 to allow for one auto garage building with eight service bays and one auto garage building with four service bays in the C-2 General Commercial Zoning district; 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 all conditions herein set out. 2. Upon approval of this resolution, the aforementioned property shall only be used for the purposes described herein or any permitted use allowed in zoning district. . 1 CITY OF CLERMONT CAE RESOLUTION NO.2020-04R 3. 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. 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. 5. 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 City Codes, Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as amended. 6. 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. 7. The Conditional Use Permit must be executed and processed through the Clermont City Clerk's Office within 90 days of the approval date; granted by the City Council or the permit becomes null and void. 8. 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. 9. The Fire Marshal for life safety requirements shall inspect the structure. All requirements must be met prior to the issuance of any Certificate of Occupancy. 10. The City Building Inspector shall inspect the structure and all building code violations must be corrected prior to the issuance of a Certificate of Occupancy. 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. 12. 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. 2 CLE�*NT CITY OF CLERMONT . RESOLUTION NO.2020-04R SECTION 2. Land Uses and Specific Conditions: This Conditional Use Permit is for one auto garage building up to 8,700 square foot with eight service bays and one auto garage building up to 2,800 square foot with four service bays located in the C-2 General Commercial zoning district. The property shall be developed in substantial accordance with the Preliminary Conceptual Site Plan prepared by Germana 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 Regulations before issuance of any permits. 2. The site may also be used for any permitted use in the C-2 General Commercial zoning district. All uses must adhere to the requirements of the Land Development Code. 3. No outside storage of any vehicles waiting for repair shall be allowed. All auto repair and mechanical services must be conducted inside the garage bays. Outside storage of any tires, mechanical equipment, batteries and tools 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 buildings. 4. All service bays shall be designed not to face US Highway 27 or State Road 50. Automotive service areas shall be completely screened from public view and public streets with walls and landscaping. No outside auto service operations shall be allowed. 5. 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. 6. The use as authorized herein shall be limited to operation Monday thru Saturday during the hours of 7:00 a.m. to 7:00 p.m. and Sunday during the hours of 9:00 a.m. to 5:00 p.m. CLERMONT CITY OF CLERMONT RESOLUTION NO.2020-04R Exhibit — Preliminary Conceptual Site Plan fLq 1 _t �,� �_�4 I •� tl �i � pit } •9d' 4 4� _� 1 � f 3. Y �� � 4tai4�rt/.ye r I ! � 11►.IIIOa,IANO tfREEI �uro COMC61T rift � � w . CLERMON-r CITY OF CLERMONT RESOLUTION NO.2020-04R PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 25th day of February 2020. CITY OF CLERMONT WITHDRAWN Gail L. Ash, Mayor ATTEST: Tracy Ackroyd Howe, City Clerk Approved as to form and legality: Daniel F. Mantzaris, City Attorney