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Resolution No. 2022-001RCITY OF CLERMONT C� ` RESOLUTION NO.2022-OOIR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AN AUTOMOTIVE CARWASH FACILITY USE WITHIN A PLANNED UNIT DEVELOPMENT (PUD) 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 January 4, 2021 recommended approval of this Conditional Use Permit to allow an automotive carwash facility, at the following location: LOCATION: Vacant parcel located at the southwest corner of State Road 50 And Miss Florida Avenue (Alternate Key 3896569) 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 an automotive carwash facility in the "PUD" Planned Unit Development Zoning District shall be granted subject to the following 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. 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 Page I I of 6 CITY OF CLERMONT C ,- RESOLUTION NO.2022-OOIR 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. 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. SECTION 2: LAND USES AND SPECIFIC CONDITIONS 1. This Conditional Use Permit (CUP) will allow for an Automotive Self -Service Carwash Facility as a permitted use. Page 12 of 6 CITY OF CLERMONT C RESOLUTION NO.2022-OO1R 2. The hours of operation will be Monday through Sunday, 7:00 AM to 7:00 PM. 3. The site may also be used for any other permitted uses in the "C-2" General Commercial zoning district. 4. 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. 5. The site shall be developed in accordance to the Clermont Land Development Regulations and the provision of the "C-2" General Commercial zoning district of the Land Development Codes. All buildings and structures must comply with Clermont Architectural Design Standards. 6. The Facility Services of any vehicles shall be arranged in an orderly manner and state of maintenance so the property appearance shall not be considered a nuisance. 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 will be permitted at this site. 9. Site lighting shall be installed and operated to reflect downward onto the site and shall not spill over onto the adjacent properties. 10. All fencing shall be ornamental metal or decorative PVCNinyl. The construction of any walls shall provide aesthetically pleasing design features and elements for any streets and public viewpoints. 11. Any signage must comply with Clermont Sign Code, Section 102-Signs. A separate permit is required for any signs. 12. The project shall be required to provide enhanced landscape buffers that will include an additional 30 percent of plant materials to create an opaque screen at the time of planting. The landscape buffers shall be designed to create an aesthetically pleasing and enhanced screening for the site. 13. 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. Page 13 of 6 d- CITY OF CLERMONT RESOLUTION NO.2022-001R 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 6 s� . CITY OF CLERMONT RESOLUTION N0. 2022-001R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 251h day of January 2022. Tracy Ackroyd City Clerk owe, MMC CITY OF CLERMONT Tim Murry, yor Page 15 of 6 Y CIF . CITY OF CLERMONT RESOLUTION NO.2022-001R Exhibit A: US HWY - 50 - ¢ 6 11 Ni'Taa - - 1glrr'kr L� f 10.n--. `[` i ' ti S „' �WI�IR YYMT Page 16 of 6 c c� U Q a v c O khe u ersigned, do h eby agree to each condition of this Conditional Use Permit. f1 02/14/2022 (Applicant) Date STATE OF FLORIDA COUNTY OF Okaloosa The foregoing instrument was acknowledged before me this 14th day of February 2022, by Kod Broussard (name of person acknowledging) SiWlaetaryPublic r■�.ere� If' LYM GALLUP EXPIRES: SepamW 5. M4 ...... ,. � Sand TNu Matm %ft Urdu~ Whom is personally known to me or whom has produced a valid identification. caner) Date/ STATE OF FLORIDA COUNTY OF d The foregoing instrument was acknowledged before me this g-t--;>_day of (1 2022, by (Name of person acknowledging) ���., aadby8�ane�M +�'~ 8ta2e d Haft Mktcm.fth F*W11111M �gnature of NotaIgX Whom is personally known to me or whom has produced a valid identification. Received in the office of the City Clerk on �LZ 6 7Z Date City Clerk INSTRUMENT#: 2022044015 OR BK 5926 PG 2059 PAGES: 1 3/30/2022 10:26:26 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $10.00 RETURN TO: Rae Chidlow City of Clermont 685 West Montrose St Clermont, FL 34711 SHORT FORMM 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. 2022-001R and agreed to and accepted by the undersigned developer/applicant as of April 25, 2022 with regard to the following described real property: LOCATION: Vacant parcel located on the southwest corner of State Road 50 and Miss Florida Avenue Alternate Key 43"6569 and is for the purposes of providing notice to all interested parties, the assigns, successors and heirs of the undersigmed 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. Sign cale I and d livered in the presence of. i, roperty Owner 1 Applicant Kori Broussard Director of Development Services Printed Name and Title Printed Name and Title STATE OF FLORIDA: COUNTY OF OKALOOSA I HEREBY CERTIFY that on this 14thday of February , 2022, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Kori Broussard , who i ona y mown to r who has produced as identification, and who executed the tbregoing instrument, and who did take an oath. My commission expires: 9/5/24 •,,. i NO"TARRY PUBLIC ~i'i 'fir EMRES Sepwmw s. 2m �'+?.a �!t'••' BpMd Try Nogly IMlit I�drMrn