Loading...
Resolution No. 2021-030RCITY OF CLERMONT ,.� RESOLUTION NO.2021-03OR 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 FIVE SERVICE BAYS WITHIN COSTCO AS PART OF THE MIXED -USE PLANNED UNIT DEVELOPMENT OF PLAZA COLLINA WITHIN THE URBAN ESTATE ZONING. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 1, 2021 recommended approval of this Conditional Use Permit to allow for a fire store with five service bays within the Costco, at the following location: LOCATION: Vacant parcel within the Plaza Collina Development Directly north of SR 50 and West of the Orange County Line Alternate Key 1037433 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 within the Costco building, which is a conditional use under the C-2 General Commercial uses, the subject parcel is part of the Plaza Collina Planned Unit Development Master Plan (Resolution No. 2015-08); 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 with five automotive service bays in the Mixed -Use Planned Unit Development in the UE Urban Estate zoning district, be granted subject to the following conditions: SECTION 1. General Conditions 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. ' CITY OF CLERMONT AGE a RESOLUTION NO.2021-03OR 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 City Codes, Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as amended. 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. 2 CITY OF CLERMONT RESOLUTION NO.2021-03OR SECTION 2. Land Uses and Specific Conditions: 1. This Conditional Use Permit is for an internal tire store with five (5) service bays located in the Plaza Collina Mixed Use Development Master Plan (Resolution No. 2015-08). The Planned Unit Development allows C-2 General Commercial permitted uses. 2. The property shall be developed in substantial accordance with the Preliminary Conceptual Site Plan (Exhibit A) prepared by Maser Consulting with a date of 07/31/2020. 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 required to comply with the City's Architectural Design Standards and Land Development Codes. 3. The orientation of the bay doors shall be directed to the East, as shown on the East Elevation, and will be internal to the site and towards Plaza Collina Blvd. 4. No outside storage of any tires will be allowed. Any fire 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. No outside auto service operations shall be permitted. 6. The hours of operation of the tire sales/service will coincide with the general operating hours of the Costco Wholesale club. This use shall not be allowed to operate without the club being open. 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. 3 CITY OF CLERMONT ch d� � RESOLUTION NO.2021-03OR Exhibit A — Preliminary Conceptual Site Plan — — rf,-rTi;l ---r= =r�rr 1, rilk sR so East Ef�vatiart 4 CITY OF CLERMONT � RESOLUTION NO.2021-03OR DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 22nd day of June, 2021. CITY OF CLERMONT Tim Murry, ayor ATTEST: C' 16� Z-- - F Tracy Ackr d fiowe, City Clerk Approved as to form and legality: Danie antzaris, i ey INSTRUMENT#: 2021133593 OR BK 5803 PG 387 PAGES: 2 9/28/2021 8:42:09 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $18.50 RETURN TO: Tracy Ackroyd Howe, City Clerk City of Clermont 685 West Montrose St Clermont, FL 34711 SHORT FORM CONDITIONAL USE PERMIT THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit adopted and approved by the Clermont City Council by Resolution No. 2021-03OR and agreed to and accepted by the undersigned developer/applicant as of June 22. 2021 with regard to the following described real property: LOCATION: Vacant uarcel within the Plaza Collins Develoument directly- north of SR 50 and west of the Ora= County Line [Alternate Key# 1037433) and is for the purposes of providing notice to all interested parties, the assigns, successors and heirs of the undersigned developer/applicant and all future owners of the above - referenced property that the real property described above is subject to the terms and conditions bf the above -referenced Conditional Use Permit. IN WITNESS WHEREOF, the undersigned has duly executed this Short Form Conditional Use Permit as of the day set forth below. Signed, seated and delivered in the presence of: Property Owner Printed Name and Title STATE OFF RIDA: COUNTY OF v a A gicant��Z nted Name an Tit e I HEREBY CERTIFY that on thisU day of 'Plh4- , 202l, before me, an officer duly authorized in the State afor d and etthe County aforesaid to take acknowledgements, personally appeared l +d .�, $S , , who is personally known to me or who has produced as identification, and who execut e Foregoing instrument, and who did take an oath. N TARY PUBLIC 4 My commission expires: r KiMB AMW y�Comnwzian i GG 9i4336 EzdmMly4.2M4 "'lo,µa� ea�a�anwwora�r�w�. I, the undersigned, do hereby agree to each condition of this Co ditional Use Permit. _ 2y .� (Ap icant) Date STATE OF FLQRIDA COUNTY OF A>A 0 a h .� The foregoing instrument was acknowledged before me this 2Zday of vr• bc/ _ _, 2021, by (name of person acknowledging) MWA BURRY �/ Cw nis" # GG 9UM (� N, o� Expires May 4. =4 Signature of Notary Public ''Eoc�Lo°� 7hMM0iWrysr+" Whom is personally known to me or whom has produced a valid identification. (Owner) STATE OFF E)RIB v itt6-W i k COUNTY OF Lo,,., �la.�laoa� Date The foregoing instrument was acknowledged before me this 2X5T day of <<.�•"����"'''�,, r.. �� P R' s� U •. -5 , 2021, by - 4e;(Cl� Teu)eA v 'No�ARY. `�pty6LIC '• O (Name of person acknowledging) RED 1536p2 MY COMMISSION ' a EXPIRES - �%���•' 9I012�21 '• � Signat re of Not ry ublic �•'•�'EAL7 ��,� Whom is personally known to me or whom has produced a valid identification. U Received in the office of the City Clerk on ZOZ Date City Clerk INSTRUMENT# 2021133593 OR BOOK 5803/PAGE 388 PAGE 2 of 2 RETURN TO: Tracy Ackroyd Howe, City Clerk City of Clermont 685 West Montrose St Clermont, FL 34711 SHORT FORM CONDITIONAL USE PERMIT THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit adopted and approved by the Clermont City Council by Resolution No. 2021-0301Z and agreed to and accepted by the undersigned developer/applicant as of June 22, 2021 with regard to the following described real property: LOCATION: Vacant parcel within the Plaza Collins Develo ment directly north of SR 50 and west of the Oranee County Line (Alternate Kerr# 1037433) and is for the purposes of providing notice to all interested parties, the assigns, successors and heirs of the undersigned 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 above -referenced Conditional Use Permit. IN WITNESS WHEREOF, the undersigned has duly executed this Short Form Conditional Use Permit as of the day set forth below. Si zed, sealed and delivered in the presence of r 'Property O ner Applicant I ,& Printed Name and Title Printed Name and Title LFa STATE OF T-EE)Ri A: vir a-inj+a' COUNTY OF L ,.,,4 e n I HEREBY CERTIFY that on this Zt'rday of 5,e,_.t , 2021, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared He-"J , Scwc►1 , who is ersonall known to me or who has produced is 1 t` as identification, and who executed the Foregoing instrument, and who did take an oath. • 'R u, B�Gm?- NO IRY PUlYLVC My commission expires: - c ;' &)-c � iS � - o�M� �02 o : e JXo��ESS�pN.r ��'•. LTM OF \J1'W "ot ''/111111111�,