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Resolution No. 2022-022RCITY OF CLERMONT A.-alt RESOLUTION NO.2022-022R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A MIXED -USE DEVELOPMENT WITH 115,000 MAXIMUM TOTAL BUILDING SQUARE FEET TO BE PERMITTED IN THE PLANNED UNIT DEVELOPMENT (PUD) 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 August 2, 2022 recommended approval of this Conditional Use Permit to allow for a mixed -use development with up to 115,000 total building square feet to be permitted for a Planned Unit Development (PUD) zoning district, at the following location: LOCATION: Lost Lake Reserve PUD Vacant parcel located east of US 27 and west of Cross Ridge Road (Alternate Key #3821846) 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 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 to allow for a mixed -use development with up to 115,000 maximum total building square footage be permitted in the Planned Unit Development (PUD) 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: This application for a Conditional Use Permit to allow for a mixed -use development with up to the maximum of 115,000 total building square footage to be allowed in the Planned Unit Development (PUD) zoning district, which shall granted subject to the following conditions: d" CLERWONT CITY OF CLERMONT — RESOLUTION NO.2022-022R 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 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 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. tQ- CITY OF CLERMONT -02t. i RESOLUTION NO.2022-022R 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 for a mixed use commercial development with up to the maximum 115,000 total building square footage be located in the Planned Unit Development (PUD) zoning district. 2. The site may also be used for any other permitted uses identified in the Planned Unit Development. 3. The property shall be developed in substantial accordance with the conceptual site plan (Exhibit A) prepared by Knight Engineering Services, 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 Clermont Land Development Regulations and the provision of the Clermont Codes of Ordinances. The design and construction of any buildings must be in compliance to the Clermont Architectural Design Standards. 5. Sidewalks are required adjacent to any street right-of-ways for the entire property boundaries; any sidewalk installation shall be coordinated with the appropriate City, County or State Agency prior to construction. 6. No outside speaker systems shall be permitted, except as part of an approved drive-thru use. 7. Site lighting shall be installed and operated to reflect downward onto the site and shall not spill over onto the adjacent properties. 8. All fencing shall be ornamental metal or decorative PVCNinyl. Any fences and walls shall provide aesthetically pleasing design features adjacent to residential development and public streets. 9. Any signage must comply with Clermont Sign Code, Section 102-Signs and requires a separate permit. 10. The clearance of any parcels of land shall require conformance to the requirements of the Endangered Species Protection Act. (5= C� nR CITY OF CLERMONT I RESOLUTION NO.2022-022R 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. S CLEOONT CITY OF CLERMONT �— RESOLUTION NO.2022-022R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 23rd day of August, 2022. CITY OF CLERMONT Tim Murry, Mayor l Tracy Ackroyd H we, MMC City Clerk Approved as to F rm and Legality: Daniel F. Mantzaris, City Attorney 6- CLERWONT CITY OF CLERMONT — RESOLUTION NO.2022-022R Exhibit A _ CMMIia I ` / �, t w �♦ • / r= U H i 6 x } w !� qIg a vat$ � tL♦� * �\ 1 \ Ire 100 ri v �' �` i� • yj � ...�� 'a"°w°r°a' ` `.R. r. •/� T •••• p1 r.w•w• \ `� • m r .a �j ... w .- ... • �� .q+frs " \. f �iuw ..«. .. war r: w. 1YF , V/ • ��'.I �� .Q. ' 1WIN4I�4 a=A 3GN Y� 4M14OMM ` T4MW L, 1048R. o F aoaiaan•�nvl.mu DATE J" = DRAWN BY TLKNMK SCALE lw • T,..1j1 .. I: . f_ Ef:L.'b-A.-ISM. INSTRUMENT#: 2022136927 GARY J. COONEY, CLERK OF REC FEES: $10.00 OR BK 6039 PG 638 PAGES: 1 10/17/2022 1:18:25 PM THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA RETURN TO: 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. 2022-022R and agreed to and accepted by the undersigned developer/applicant as of August 23, 2022 with regard to the following described real property: LOCATION: Parcel located between US 27 and Cross Ridge Road Alternate Key #3821846 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. delivered in the presence of: Property Name and Title App 'can — �gk t�a�(• u2, Punted Name and Title STATE OF FLC�j; ������y COUNTY OF (( ffff: 1 HEREBY CERTIFY 'tthaatt`on this day of 7 f 2022, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared �/ ��/ �who is personall k own o me or who has produced as identification, d w o exgcut the 'regoing v instrument, and who did take an oath. P p USA & SELLS NaaryPublk NOT Y PUBLIC *, SUte of Florida My commission ex COMM#HR226096 Ezp M 8/16/20I6 SCHMID CONSTRUCTION INC 15690 W COLONIAL DR WINTER GARDEN FL 34787 q,c couep 1 certify that the foregoing is a true and accurate copy of the document as reflected in the Official Records. Portions may be redacted as required by law. �T GARY J. C,rcOOONE1Y, Clerk of the Circuit Court and Comptroller, Lake County, Florida 13Y Deputy Clerk 10/17/2022 1:18:28 PM ., _v U U MA do hereby agree to each condition of this Conditional Use Permit. -2iZ, (Applicant) Dat STATE OF FL IDA COUNTY OF �, The foregoing instrument was acknowledged before me this i -% day of Cl</ ro A b 2022, by (name of person acknowledging) A USA S. SELLS Notary Public State of Florida y a Comm# HH28M6 Sign ure of Notary Public Vce I;P,% Expires9/16/2026 is personally known to me or whom has produced a valid identification. (:D (Owner) STATE OF FL I COUNTY OF /-U L, Z - to The foregoing instrument was acknowledged before me this day of 0(,rv&Qf 2022, by —Tru-J.NV� 42 Name of person acknowledging) USA S. SELLS Notary Public State of Florida ry Comm# HH286086 Expires 8/16/2026 Whom is personally known to me or whom has produced a valid identification. Received in he office of the City Clerk on City Clerk /a- Z- Date