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Resolution No. 2021-056RCITY OF CLERMONT RESOLUTION NO.2021-056R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OUTSIDE STORAGE, DISPLAY, RENTAL SERVICES, CARWASH, AND SALES OF VEHICLES IN THE M-1 INDUSTRIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held December 7, 2021 recommended approval of this Conditional Use Permit to allow for the outside storage, display, rental services, and the sales of vehicles, at the following location: LOCATION: Vacant parcel located at 1700 South Grand Highway and Hooks Street (Alternate Key 3885083 & 3885085) 7.87+/- 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. 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 (CUP) to allow for the outside storage, display, rental services and the sale of vehicles in the "M-1" Industrial District shall be granted subject to the following conditions: 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 CITY OF CLERMONT RESOLUTION NO.2021-056R 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 the approval date by the City Council or the permit shall become null and voided. 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 any 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. 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 construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. S CITY OF CLERMONT CLE' RESOLUTION NO.2021-056R SECTION 2: LAND USES AND SPECIFIC CONDITIONS This Conditional Use Permit (CUP) will allow for the outside storage, display, rental, sales, and limited maintenance services of vehicles as a permitted use. No engine, chassis, or heavy mechanical work or services shall be performed at this location. 2. The parking, display or storage of any vehicles shall be arranged and stored in the designated parking areas to prevent clutter and to maintain an orderly appearance of the property. At no time shall the parking and display of any vehicles impede or block any public/private access points, streets, public/private easements, or any adjacent properties. 3. The hours of operation will be Monday through Sunday, 7:00 AM to 7:00 PM. 4. The site may also be used for any other permitted uses in the "M-l" Indistrial zoning district. 5. Any 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 permitted uses and only used for conceptual purposes. 6. The site shall be developed in accordance to the Clermont Land Development Regulations and the provision of the "M-1" Industrial zoning district in the Land Development Codes. All buildings and structures must comply with Clermont Architectural Design Standards. 7. The parking, storage and display of the vehicles shall be arranged and kept in an orderly manner and state of maintenance so the appearance of the property, shall not be considered a nuisance. 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. 9. No outside speaker systems will be permitted at this site. 10. Site lighting shall be installed and operated to reflect downward onto the site and shall not spill over onto the adjacent properties. 11. All fencing shall be ornamental metal or decorative PVC/Vinyl. The construction of any walls shall provide aesthetically pleasing design features and elements for any streets and public viewpoints. 12. Any signage must comply with Clermont Sign Code, Section 102-Signs. A separate permit is required for any signs. CITY OF CLERMONT RESOLUTION N0.2021-056R 13. The project shall be required to provide an enhanced landscape buffers that shall provide an additional 30 percent of plant materials to create an opaque screen at time of planting. The landscape buffers shall be designed to create an aesthetically pleasing and enhanced buffer screening for the project.- 14. A driveway permit will be required for access to any public streets. The permit process will require the coordination with the appropriate City, County or State Agency prior to construction. 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 NO.2021-056R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake , Florida, this 14th day of December, 2021. CITY OF CLERMONT Tim Murry, Nfiyor ATTEST: Tracy Ackroyd Howe, MMC City Clerk Approved as t .1*er �d Legality: 1 Daniel F. Mantzaris, City Attorney CITY OF CLERMONT ;; RESOLUTION NO.2021-056R Exhibit A• SOUTH GRAND HWY o. t N �' a 3•_,._ �� .� I� it 1 f' r W--- W V N � J r O O r o 4w¢ cc N�aJy \= F cc VRo - z SP2-ALT MASTER SITE PLAN — — C, I, the undersigned, do hereby agree to each condition of this Conditional Use Permit. Enterprise Leasing Company of Florida, LLC (Applicant) STATE OF FLORIDA COUNTY OF Yl & Ili 01/12/2022 Date The foregoing instrument was acknowledged before me this 1 2- day of 2022, by Brian Mogauro, Vice President / GM (name of person acknowledging) C 't + • MARY J. GEARY Commission # GG 930706 Expires March 8, 2024 Signature of Not blic «r�° Bonded Thru Troy Fain Insurance 800-385-7019 Whom is personally known to me or whom has produced a valid identification. '207-7— (Owner) Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of O , 2022, by (Name of person acknowledging) 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 E Date U U ity Clerk I, the undersigned, do hereby agree to each condition of this Conditional Use Permit. (Applicant) Date STATE OF FLORIDA COUNTY OF t The foregoing instrument was acknowledged before me this day of 2022, by (name of person acknowledging) Signature of Notary Public Whom is personally known to me or whom has produced a valid identification. CLX5WA40AI 4-4WO /— (Owner) J o 4Gee c. _ �je>?ate STAT LORIDAn_ COUNTY OF The foregoing instrument was acknowledged before me this C, day of 2022, by O (Name of person acknowledging) Notary Public State of Florida LAO cil-tA My Commission HH 036469 Robert Blauvelt Signature of Notary Public Expires 09/22/2024 a� U U Whom is personally known to me or whom has produced a valid identification. Received in the office of the City Clerk on City Clerk Date INSTRUMENT#: 2022009246 OR BK 5880 PG 785 PAGES: 1 1/20/2022 12:41:28 PM 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 202140ffi.and agreed to and accepted by the undersigned developer/applicant as of December 14.2021 with regard to the following described real property: LOCATION: 1700 S. Grand Hii!hway, Clermont, FL 34711 (Alternate Kew#18850831 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 teams 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: Pr er Applicant 2. Printed Name and Title Printed Name and Title STATE OF FLORIDA: COUNTY OF Irr: I HEREBY CERTIFY that on this 5 day of aGr , 20LtNbefbre me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared �A, R. Al' -Cm , who is personally known to me or who has produced as identification, and who executed the foregoing instrument, and who did take an oath. RED �- NOTARY PUBLIC My commission expires: Notary (ubiY4 Slate of FlowcidWA �aRgtrert�81'aup®!Y My Commissloi1 KH'03f;4, F�pfro5 t�/2E12a24 ncaar I c"teiLeand urate copy of thedocumont as refcay be redacted as required by law. 3 GAurt and Comptroller, Lake County, Florida Byty Clerk 1/27/2022 2:24:48 PM INSTRUMENT#: 2022009248 OR BK 5880 PG 787 PAGES: 1 1/20/2022 12:43:44 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT 6 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 PERMTT THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit adopted and approved by the Clermont City Council by Resolution No. 202 -056R and agreed to and accepted by the undersigned developer/applicant as of December 14, 2021 with regard to the following described real property: LOCATION• 1700 S. Grand Highway, Clermont, FL 34711 (Alternstg Kel,# 3885083) 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 Printed Name and Title Applicant Printed Name and Title STATE OF FLORIDA: COUNTY OF ()(gya : I HEREBY CERTIFY that on this _day of �30Y) q , 202; before me, an officer duly authorized in the State aforesaid and in the County aforesaid.to take zcknowledgernecrts, personally appeared _ r; L ' � is yrnsonally known to me or who has produced as identiMation, an w exeeutcd the foregoing instrument, and who did take an oath. "I-) �} My commission expires: 1 , \ a va ......., MA 1 iVOly commissim $ GG 930706 Expims March 8, 2024 +•a rv° �` &,Aed TN" Troy Fein IrMM09 603W?019 ` ,SCQL%rI certify at the r of g is rue and accurate copy of the document as reflec in th ffi i ec s. Portions may be redacted as required by law. GA E k th Circuit Court and Comptroller, Lake County, Florida By eputy Clerk 1/27/2022 2:24:47 PM