Resolution No. 2021-014RCITY OF CLERMONT
RESOLUTION NO.2021-014R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW A PRIVATE SCHOOL IN THE
C-2 GENERAL COMMERCIAL ZONING DISTRICT. PROVIDING FOR
CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held March 2, 2021 recommended approval of this Conditional Use Permit to
allow for a private school in the C-2 General Commercial zoning district; at the following location:
LOCATION:
1203 West Highway 50
Emerald Lakes Plaza
Suite A
(Alternate Key# 1303761)
WHEREAS, from the evidence presented at the public hearing and after consideration of
the factors set forth in Sec. 86-144 (d) of the Land Development Code, the city council finds,
that: (1) granting the conditional use permit will not adversely affect the officially adopted
comprehensive plan of the city; (2) Such use will not be detrimental to the health, safety or general
welfare of persons residing or working in the vicinity; (3) The proposed use will comply with the
regulations and conditions specified in the codes for such use; and (4) The proposed use may be
considered desirable at the particular location
WHEREAS, the City Council determines that the application for a conditional use permit
meets the criteria set forth in the Land Development Code and otherwise it is 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 based on the findings stated above and incorporated herein:
1. 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.
2. This application for a Conditional Use Permit to allow for a private school 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.
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CITY OF CLERMONT
RESOLUTION NO.2021-014R
2. 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.
3. 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.
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 voided.
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.
Should approved uses cease operation for more than 180 days, 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 that 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.
SECTION 2: LAND USE
1. This Conditional Use Permit shall grant approval to allow up to a 3,600 square foot private
school, for children with intellectual and developmental disabilities, located in Suite A, in
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CITY OF CLERMONT
0., tp RESOLUTION NO.2021-014R
the C-2 General Commercial zoning district. Any future development must be able to
comply with the Land Development Regulations, and all building and fire safety codes.
The property may also be used for any C-2 General Commercial permitted uses.
2. The hours of operation shall be 8:00 AM until 5:00 PM, following the traditional school
schedule with no weekends or nights. The school operation will be 8:30 AM to 2:00 PM
with afterschool care until 4:00 PM.
3, The maximum number of students shall be 35 with no more than 15 staff members. The
occupancy shall not exceed 50 people. The range of students shall be kindergarten through
8t' grade.
4. All staff parking shall be on the northern property line along Highway 50.
There will be no student pickup or drop-off system. Parents will need to park in a proper
parking space and walk the student inside of the facility. Parents will need to park in a
proper parking space and walk inside the facility to pick up the student.
4. No outside public address (PA) systems including "bull horns" or similar systems shall be
used unless approved through an amendment to the Conditional Use Permit.
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SECTION 3: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
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CITY OF CLERMONT
9 � RESOLUTION NO.2021-014R
SECTION 4: SEVERABILITY
If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Resolution as a whole.
SECTION 5: ADNHNISTRATIVE CORRECTION OF SCRIVENERS ERROR
This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
SECTION 6: PUBLICATION AND AN EFFECTIVE DATE
This Resolution shall be published as provided by law and it shall become law and shall take effect
immediately upon its passage.
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CITY OF CLERMONT
RESOLUTION NO.2021-014R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 23rd day of March 2021.
CITY OF CLERMONT
<<� Tim M Mayor
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ATTEST:
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Tracy Ackroyd HaWe, City Clerk
Approved as to form and legality:
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