Resolution No. 2022-014R• CITY OF CLERMONT
Cad. RESOLUTION NO.2022-014R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A CHURCH USE IN THE
C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR
CONFLICT, SEVERABILITY, and 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 May 3, 2022 recommended approval of this Conditional Use Permit to
allow for a church use in the C-2 General Commercial zoning district; at the following location:
LOCATION:
Sunnyside Plaza
305 State Road 50
(Alternate Key# 1626773)
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:
This application for a Conditional Use Permit to allow for a church use in the C-2 General
Commercial zoning district; 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 further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
3. 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
C� CITY OF CLERMONT
RESOLUTION NO.2022-014R
of Clermont Land Development Regulations and those of other appropriate jurisdictional
entities.
4. 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 or require further
conditions as deemed appropriate.
5. 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.
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.
7. If any of the stated conditions are violated, the applicant understands and agrees that the
City Council may open the Conditional Use Permit for further conditions or revoke this
Conditional Use Permit by Resolution.
8. No business can occupy any portion of the building(s) after construction and final
Certificate of Occupancy unless the proposed business has applied for and obtained a Local
Business Tax Receipt from the Clermont Development Services Department.
9. In the event that parking at this site proves inadequate, the City reserves the right to open
the Conditional Use Permit for further review and additional conditions, which may include
additional parking requirements or revocation of the Conditional Use Permit.
10. In the event that the noise levels create a nuisance to the surrounding property owners, the
City reserves the right to open the Conditional Use Permit for further review and additional
conditions.
11. Should the church use cease operations for a period greater than 180 days, a new
Conditional Use Permit shall be required.
12. Should a new business that sells alcoholic beverages for onsite consumption wish to locate
within 500 feet of the church, the church would not contest said use within 500 feet of the
church.
SECTION 2. LAND USE
1. This Conditional Use Permit shall grant approval for a church use and any other permitted
use in the C-2 General Commercial zoning district.
d
CITY OF CLERMONT
CI-� _ � RESOLUTION NO.2022-014R
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 take effect immediately upon its adoption.
d�
CITY OF CLERMONT
C� ,,,,, . RESOLUTION NO.2022-014R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 24th day of May 2022.
CITY OF CLERMONT
Tim Murry, Mayor
Tracy Ackroyd Howe, MMC
City Clerk
Approved as to form and legality:
. Mantzaris, City Attorney
INSTRUMENT #2022078401
OR BK 5970 PG 341 - 341 (1 PGS)
DATE: 6/7/2022 11:30:51 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT
AND COMPTROLLER, LAKE COUNTY, FLORIDA
Rae Chidlow RECORDING FEES $10.00
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. 2022-014R and agreed to and
accepted by the undersigned developer/applicant as of May 24, 2022 with regard to the following
described real property:
LOCATION: 305 State Road 50
Alternate Key #1626773
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:
Af
Pro rty Owner
14 ,tee tlgw
Printed Name and Title
STATE OF FLOI� �,/. „
COUNTY OF (�i
Applicant
Printed Name and Title
mo'
I HEREBY CERTIFY that on this 3 day of j , 2022, before me, an officer duly
authorized in the State aforesaid and in the C unty of s 'd t take acknowledgements,
personally appeared Y1 sonally known to me or who has
produced as identificatiga akid who executed the foregoing
instrument, and who did take an oath.
My commission expires:
a a i -)O� S
ARTY PUBLIC
4�r AGJ ENZA TAVERNA
� Notary Public, State of Florida
Commission# HH 95349
My comm. expires Feb. 21, 2025
I, the undersigned, do hereby agree to each condition of this Conditional Use Permit.
(Ap icant) Date -
STATE OF FL RID
COUNTY OF
c
u The foregoing instrument was acknowledged before me this day of
CL
Q , 2022, by
(name of person acknowledging)
a • ENZA TAVERNA
Notary Public, State of Florida
Commission# HH 95349
My Comm, expires Feb. 21, 2025
t o tary Public
Whom is personally known to me or whom has produced a valid identification.
(Ow ) Date
STATE OF FLORI A
COUNTY OF
The foregoing instrument was acknowledged before me this ? d y of
2022, by
0 (Nam of person acknowledging)
ENotaryPublic.
RNA
�r�� te of Florida$ AH 95349Sia e of Notary PublicFeb. 2t, 2025
is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on
Y
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v City Clerk
RETURN TO:
Date