Resolution No. 2021-053R67
CITY OF CLERMONT
�d�. - RESOLUTION N0.2021 053R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION AND
RESTORATION OF AN EXISTING GOLF COURSE AND DRIVING
RANGE PERMITTED USES, AS PART OF THE SUMMIT GREENS
PLANNED UNIT DEVELOPMENT (RESOLUTION 988) 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 November 2, 2021 recommended approval of this Conditional Use Permit
over 25 +/- acres to allow for the operation and restoration of an existing golf course and driving
range permitted uses, at the following location:
LOCATION:
Vacant parcel located east of Hancock Road,
and north of State Road 50
2601 Diamond Club Drive, aka
"The Sanctuary Ridge Golf Course"
(Alternate Key 3811382)
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 applicant is requesting a Conditional Use Permit (CUP) to allow for the
operation and restoration of an existing golf course and driving range as a permitted use in the
Planned Unit Development (PUD) zoning district; and
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 the operation and restoration of
an existing golf course and driving range permitted uses, in the Planned Unit Development
(PUD) zoning district shall be granted subject to the following conditions:
Page I 1 of 5
CITY OF CLERMONT
RESOLUTION NO.2021-053R
SECTION 1: GENERAL CONDITIONS
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 City
Clerk within 90 days of its 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 buildings 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 City of 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.
Page 12 of 5
CITY OF CLERMONT
RESOLUTION N0.2021-053R
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
construction work" means the commencement and continuous prosecution of construction
of required improvements ultimately finalized at completion.
SECTION 2: LAND USES AND SPECIFIC CONDITIONS:
This Conditional Use Permit (CUP) will allow for the operation and restoration of an
existing golf course and driving range permitted use in the Planned Unit Development
(PUD) zoning district.
2. The golf course and driving range daily hours of operation shall be from 6:30 a.m to no
later than 11:00 p.m.
3. The Conditional Use Permit allows in conjunction with the golf course and existing full -
service restaurant and bar, the driving range to operate a small snack bar that will provide
limited food and beverage items excluding liquor for the patrons. The driving range shall
not operate or open a full- service resturant, bar or other similar entertainment facility.
4. The property shall be developed in substantial accordance with the approved Site Plan,
authorized under Resolution 988. 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 only used for conceptual purposes.
5. The site shall be developed in accordance to the Clermont Land Development Regulations
and the provision of the Land Development Codes. All buildings and structures must
comply with Clermont Architectural Design Standards.
6. The golf course shall not be lit to allow nighttime play. The driving range shall provide
ground illumination that will be located and designed to prevent offsite impacts to any of
the residential properties. All driving range lighting shall also comply with Section 2.9 of
this Resolution and all City Land Development Regulations.
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.
No outside speaker systems or the operation of any sound amplification or broadcasting
device shall be allowed on the driving range.
Page 13 of 5
CITY OF CLERMONT
RESOLUTION NO.2021-053R
9. Site lighting shall be installed and operated as ground illumination (not mounted to poles)
lighting to allow nighttime use of the driving range and shall not spill over onto the adjacent
properties.
10. All fence materials shall be ornamental metal or decorative PVC/Vinyl. The construction
of any walls shall provide aesthetically pleasing design features for any streets and public
view access points.
11. Any signage must comply with Clermont Sign Code, Section 102-Signs, and will require
a separate permit.
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.
Page 14 of 5
09
161 CITY OF CLERMONT
.R RESOLUTION N0.2021 053R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 9th day of November, 2021.
CITY OF CLERMONT
Tim Murry, ay
Tracy Ackroyd Howe, MMC
City Clerk
Approved as Form and Legality:
Daniel F. Mantzaris, City Attorney
Page 15 of 5
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $10.00
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. 2021-053R and
agreed to and accepted by the undersigned developer/applicant as of November 9, 2021 with
regard to the following described real property:
LOCATION: 2601 Diamond Club Drive, Clermont, FL 34711
(Alternate Key# 3811382)
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.
Sig(V, sealed and delivered in the presence of.
Prop rty Owner
Printed Name and Title 5 e—GCC, , LL-G
STATE OF FLORIDA:
COUNTY OF C.fW*?—
Applicant
JIMML4 h - C.r d' ES(Q,
Printed Name and Title
4'.1 1�0 / P(D
I HEREBY CERTIFY that on this 1 day of�arr4oe( , 20Z1, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared3im 5hcux x-\- , who is personally known to
moor who has produced as identification, and who executed the
foregoing instrument, and who did take an oath.
Jennifer M. COM
My commission expires:
Y PUBLIC
ral
Notary Public State of FW1de
Jennifer M Cotch
My Commnaon GG 153776
Expxea 03rMO22
I, the dersign o y agree to each condition of this Conditional Use Permit.
(Applicant) Date
STATE OF FLORI A
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COUNTY OF
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u The foregoing instrument was acknowledged before me this day of
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Q 2022, by 3\Mrm1 1Y.lNiul
(name of person acknowledging)
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Signature of Notary Pub is H, 11
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Whom is personally known to me or whom has produced a valid identification.
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(Owner) Date
STAkTE OF FLORIDA
COUNTY OF ( -WU
The foregoing instrument was acknowledged before me this N day of
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03 1 rn 2022, by l S S-�kA'
(Name of person acknowledging)
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Signature of Notary Public
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on G ? 2U
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City Clerk