Resolution No. 2022-006RCITY OF CLERMONT
RESOLUTION NO.2022-006R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF
AN EXISTING AUTOMOBILE DEALERSHIP IN THE PLAZA COLLINA
PLANNED UNIT DEVELOPMENT ( RESOLUTION NO 2015-08) 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 March 1, 2022 recommended approval of this Conditional Use Permit to
allow for an expansion to the Hyundai -Genesis of Central Florida automobile dealership, at the
following location:
Plaza Collina PUD
Vacant property located on the northeast corner of State Road 50,
Adjacent to the Hyundai of Central Florida
(Alternate Key #3924622 and 3924523)
3.00 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
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CITY OF CLERMONT
RESOLUTION NO.2022-006R
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 this Conditional Use Permit (CUP) to allow for
an expansion to the existing automobile dealership Hyundai -Genesis of Central Florida in the Plaza
Collins Planned Unit Development (Resolution No. 2015-08) 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 an expansion of an existing car
dealership Hyundai -Genesis of Central Florida in the Planned Unit Development PUD
(Resolution No. 2015-08) zoning 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
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
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C�
CITY OF CLERMONT
ate, RESOLUTION NO.2022-006R
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
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 the development and expansion of the Hyundai -
Genesis Brand automobile dealership, which shall include the construction of a new 18,
500 square foot building and inventory and employee parking for the project. The site
development and expansion shall be used in conjunction to the existing Hyundai of Central
Florida 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 Florida Engineering Group, and 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 provision of the Master Development Plan
(PUD-2015-08), and the Clermont Land Development Regulations and 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.
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CLE CITY OF CLERMONT
RESOLUTION NO.2022-006R
5. The site shall provide a cross access driveway from the existing Hyundai of Central Florida
automobile dealership, to facilitate and help minimize traffic impacts on State Road 50 and
other roads.
6. 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.
7. No outside speaker systems shall be permitted.
8. Site lighting shall be installed and operated to reflect downward onto the site and shall not
spill over onto the adjacent properties.
9. All fencing shall be ornamental metal or decorative PVC/Vinyl. Any fences and walls
shall provide aesthetically pleasing design features adjacent to any public streets.
10. All signage must comply with Clermont Sign Code, Section 102-Signs.
11. The clearing of any vacant land shall require conformance to the requirements of The
Florida Endangered Species Protection Act.
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.
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1-mw
CITY OF CLERMONT
aRESOLUTION NO.2022-006R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 22nd day of March 2022.
CITY OF CLERMONT
Tim Murry, Ma r
Tracy Ack
City Clerk
Approved as to Form and Legality:
Daniel F. Mantzaris, City Attorney
Page 15 of 6
,0� CITY OF CLERMONT
oo..fc—,�— RESOLUTION NO. 2022-006R
Exhibit A
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Page 16 of 6
INSTRUMENT #2022082209
OR BK 5974 PG 1298 -1298 (1 PGS)
DATE: 6/14/2022 12:17:08 PM
GARY J. COONEY, CLERK OF THE CIRCUff COURT
AND COMPTROLLER, LAKE COUNTY, FLORIDA
RETURN TO: RECORDING FEES $10.00
Rae Chidlow -
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. 2022-006R and agreed to and
accepted by the undersigned developer/applicant as of March 22, 2022 with regard to the following
described real property:
LOCATION• Vacant property located on the NE corner of SR 50
Alternate Key #3924622 & 3924523
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
lylk//,rvxx 1� lwi4v Mem ba c
Printed Name and Title
STATE OF FLORIDA:
COUNTY OF 0 c-�:
f,NrM�
plicant
,-TCA yv 431 A 0 u AJ
Printed Name and Title
V'.P
I HEREBY CERTIFY that on this ) `1> day of SLA� , 2022, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to ackno:the
dgements,
personally appeared G-c,_ c.� o4 I- frl,11, � , who is ersonally kn to me or who has
produced as identification, and wh u ed foregoing
instrument, and who did take an oath.
My commission expires:
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NOTARY PUBLIC
o1�xY Pa`B ., ERIKA C NACHE-TABORDA
_ • Notary Public - State of Florida
Commission # GG 308078
oFr�°` My Comm. Expires Jun 24, 2023
Bonded through National Notary Assn.
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I, the undersigned, do hereby agree to each condition of this Conditional Use Permit.
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A lic EPA ti + G 1 0 U Date
STATE OF FLORIDA
COUNTY OF Gee t-r
The foregoing instrument was acknowledged before me this
A4E 12022, by 5'0
(name of person acknowledging)
Signature of Notary Public
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jpt►1i� UgGc
WILLIAM R. HOCKENSMITH
Commisslon # HH 113960
Expires July 24, 2025
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Bonded Thu &Mpet NoWy Bw Im
day of
Whom is personally known to me or whom has produced a valid identification.
/IL;' /-3 ZozZ
(Owner) Date
STATE OF FLORIDA
COUNTY OF r
The foregoing instrument was acknowledged before me this ) day of
2022, by
(Name of erson acknowledging)
;:1�9iv ohs," ERIKA C NACHE-TABORDA
:° •` Notary Public State of Florida
�'' o; Commission ✓1 GG 308078
My Comm. Expires Jun 24, 2023
Signature of Notary Public Bonded through National Notary Assn.
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on to r14
Date
City Clerk