Resolution No. 2021-037RCITY OF CLERMONT
RESOLUTION NO.2021-037R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A VEHICLE STORAGE
AND INVENTORY GARAGE STRUCTURE IN THE C-2 GENERAL
COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT,
SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR, PUBLICATION AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held July 6, 2021 recommended approval of this Conditional Use Permit to
allow for an automotive dealership inventory and storage garage, at the following location:
LOCATION:
Vacant property located on State Road 50 and the
Southwest corner of Lake Boulevard
(Alternate Key #3306686)
3.12 Acres +/-
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.
WHEREAS, the property owner requested annexation, small scale comprehensive plan
amendment, and rezoning with the City of Clermont concurrently with this Conditional Use Permit
(CUP) to allow for a vehicle inventory garage structure in the C-2 General Commercial zoning
district; and
WHEREAS, 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 based on the findings stated above and incorporated herein:
1. This application for a Conditional Use Permit to allow for a vehicle inventory and storage
garage structure in the C-2 General Commercial zoning district shall be granted subject to
the following conditions:
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CITY OF CLERMONT
C1-E_ RESOLUTION NO.2021-037R
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 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. The Conditional Use Permit must be executed and processed through the Office of the
Clermont City Clerk within 90 days of the date of approval by the City Council or the
permit shall become null and void.
4. 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.
5. The Fire Marshal shall inspect all building and structures to ensure all life safety
requirements and fire safety codes are in compliance to the code prior to the issuance of
any Certificate of Occupancy.
6. The City Building Inspector shall inspect all structures and buildings for compliance with
the Florida Building Codes and all code violations must be corrected prior to the issuance
of the Certificate of Occupancy.
7. Prior to the issuance of any permits, the applicant shall be required to submit Formal Site
Plans for review and approval by the Clermont Site Review Committee. The site plans
shall show location of all proposed buildings, structures, picnic areas, and outdoor
recreation areas as indicated in the Conditional Use Permit application. 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.
8. No expansion of the use or additions to the facility shall be permitted except as approved
by another Conditional Use Permit.
9. 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 after a public hearing.
10. This permit shall become null and void if substantial construction work has not begun
within two (2) years of the date of issuance of this Conditional Use Permit. "Substantial
S
CITY OF CLERMONT
RESOLUTION NO.2021-037R
construction work" means the commencement and continuous prosecution of construction
of required improvements ultimately finalized at completion.
SECTION 2: LAND USES AND SPECIFIC CONDITIONS
1. This Conditional Use Permit will allow for the construction of a four-story vehicle storage
and display garage structure that will be used in conjunction and ancillary to the operation
of the existing Headquarter Honda Automobile Dealership.
2. The site may also be used for any other permitted uses in the C-2 General Commercial
zoning district.
3. The property shall be developed in substantial accordance with the Conceptual Site Plan
(Exhibit A) prepared by Tannath Design Inc, submitted with the CUP application. All new
development and/or changes to the subject property must submit for site plan approval 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 and final construction plans. The conceptual site plan
does not grant any development entitlements or uses and is only used for conceptual
purposes.
4. The site shall be developed in accordance to the Clermont Land Development Regulations
and the provision of the C-2 General Commercial zoning district in the Codes of
Ordinances. All landscape buffers and required screening must be in accordance to the
codes. All buildings and structures must comply with Clermont Architectural Design
Standards.
5. The site shall provide a cross access driveway from the existing Headquarter Honda
Dealership, which shall be used as the primary point of access for the public and any
customers that may utilize the garage structure.
6. The secondary access point off Lake Boulevard shall be private and gated for the use of
Emergency Vehicles only. Lake County Public Works must approve any required
driveway permits for Lake Boulevard.
7. Sidewalks are required adjacent to any streets -right -of way for the entire length of the
subject property; any required sidewalk installation shall be coordinated with the
appropriate City, County or State Agency prior to construction.
8. No outside speaker systems shall be permitted.
9. Site lighting shall be installed and operated to reflect downward onto the site and shall not
spill over onto the adjacent properties.
10. The garage structure shall be gated and secured from the General Public. All fencing shall
be ornamental metal or decorative PVC/Vinyl. Any fences and walls shall provide
aesthetically pleasing design features adjacent to residential development and public
s-,
CLEftW CITY OF CLERMONT
7 RESOLUTION NO.2021-037R
streets.
11. Any signage must comply with Clermont Sign Code, Section 102-Signs.
12. The project shall be required to provide an enhanced landscape buffer that is consistent
with the existing buffer for the Headquarter Honda Dealership. The landscape buffer shall
also provide a 6-foot solid masonry wall with enhanced plant materials to create an opaque
screening at the time of planting for the property boundaries that abuts any single-family
development and properties with residential zoning.
13. Any inventory vehicles parked or stored on the fourth (4th) level of the garage structure
must be completely screened and enclosed from public view. The garage structure shall
be designed in a manner that provides fagade treatments and building elements to screen
the inventory vehicles from adjacent properties and any public streets.
14. The clearing of any land shall require conformance to the requirements of the Endangered
Species Protection Act.
15. Delivery hours of vehicles shall be between the hours of 9 AM to 6 PM, Monday through
Saturday only. No vehicle deliveries shall be made outside of these days and times.
SECTION 3: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
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: ADMINISTRATIVE CORRECTION
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 EFFECTIVE DATE
This Resolution shall be published as provided by law and it shall take effect immediately upon
its Second Reading and Final Passage.
CITY OF CLERMONT
RESOLUTION N0.2021-037R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 10t` day of August, 2021.
CITY OF CLERMONT
Tim Murry, M or
City Clerk
Forcii and Legality:
""—=
Daniel F. Mantzaris, City Attorney
(p.
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CITY OF CLERMONT
RESOLUTION NO.2021-037R
Exhibit A
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GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $18.50
DOTY SOUK LAW PA
MARY D SOUK, ESG
121 S ORANGE AVENUE
ORLANDO FL 32801
RETURN TO:
Tracy Ackroyd, City Clerk
City of Clermont
685 West Montrose St
Clermont, FL
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. 2021-037R and
agreed to and accepted by the undersigned developer/applicant as of Aasust 10, 2021, with
regard to the following described real property:
LOCATIQN: Vacant property located on Ntate Road 50. pnd
the southwest corner of Lake Boulevard
(Alternate Key# 3306686)
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.
Signed, sealed and delivered in the presence of:
Property Owner f
Gary A. Bodzin, as Trustee UTD 7/29/09
Printed Name and Title
STATE OF : COLORADO
COUNTY OF PITKIN
Applicant
Printed Name and Title
I HEREBY CERTIFY that on this 25th day of August 20?1, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared Gary A. Bodzin , who is personally known to
me or who has producedlamas identification, and who executed the
foregoing instrument, and who did take an oath.
My commission expires:
Ea/;19/4'-)�
a - W-W, FA&T -0. . W-W'�Z- A"O'
low
MICHELLE R. BATES
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID OlID964000454
Ay Canal "Eames Lob= 1, 2022
I, the undersigned, do hereby agree to each condition of this Conditional Use Permit.
gj3112a-L
Date
V��►.'�"
The foregoing instrument was acknowledged before me this ^,, day of
� 1 4 : 2021, by r: an M
t..•...• JUDYL.FARCUSSERRA
(name of person acknowledg
_ _`�' MY COMMISSION # HH 096864
EXPIRES: April15,2025
Bonded Thru Notary Public Underwriters
Sienat re of Nota
Whom is personally known to whom has produced a valid identification.
August 25, 2021
(Owner) Gary A. Bodzin, as Trustee UTD 7/29/09 Date
STATE 0 COUNTY OF
PITKIN
The foregoing instrument was acknowledged before me this 25th day of
August
3 9 , 2021, by GARY A. BODZIN
(Name of person acknowledging_
MICHELLE R. BATES
NOTARY PUBLIC
Signature of Notary Public STATE OF COLORADO
NOTARY ID #19984000454
My Co wi ieeim Ekes February 1, 2022
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on t — Z_ l
Date
U City Clerk