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Resolution No. 2022-023RCITY OF CLERMONT C'I .,d."iww RESOLUTION NO.2022-023R 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 AUTOMOBILE REPAIR AND SERVICE BUILDING IN THE C-2 GENERAL COMMERCIAL 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 an expansion of an existing automobile repair and service building in the C-2 General Commercial zoning district, at the following location: LOCATION: Headquarter Honda 17700 State Road 50 (Alternate Key #1037409) 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. WHEREAS, the property owner has requested this Conditional Use Permit to allow for the expansion of an existing automobile repair and service building in the C-2 General Commercial 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 the expansion of an existing automobile repair and service building in the C-2 General Commercial zoning district shall be granted subject to the following conditions: CLER - M, CITY OF CLERMONT RESOLUTION NO.2022-023R SECTION 1- GENERAL CONDITIONS l . 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. 6 C4AtIT CITY OF CLERMONT -�� RESOLUTION NO.2022-023R 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 up to the maximum of 11,000 total building square foot expansion and service bay addition to the existing automobile services building located onsite. The existing auto service building that shall be used in conjunction and ancillary to the Headquarter Honda 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), 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 permitted 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 C-2 General Commercial zoning district and 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. 5. 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. 6. No outside speaker systems shall be permitted. 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. The maximum wall and fence heights shall not exceed six (6) feet. 9. Any signage must comply with Clermont Sign Code, Section 102-Signs and will require a separate sign permit. CLERWONT CITY OF CLERMONT 7 RESOLUTION NO.2022-023R 10. The project shall be required to provide an enhanced landscape buffer that is consistent with the existing buffer for the Headquarter Honda Dealership. The landscape buffer shall also provide a 6-foot solid masonry wall with enhanced plant materials to create an opaque screening at the time of planting for the property boundaries that abuts any single-family development and properties with residential zoning. 11. The clearing of any land shall require conformance to the requirements of the 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 fling a corrected copy of same with the City Clerk. SECTION 6: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. 6- CLEtc1 ON-r CITY OF CLERMONT — RESOLUTION NO.2022-023R 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 AT X Tracy Ackroyd ftowe, MMC City Clerk Daniel F. Mantzaris, City Attorney CLER I� CITY OF CLERMONT �.d« RESOLUTION NO.2022-023R Exhibit A OVERALL WE PLAN iri�� rlowPa HONDA SERVICE AD Coacepluai Despns 28Am2W +.J c U IZ CL EN I, t ndersigned, do hereby agree to each condition of this Conditional Use Permit. a.(2c��2Z pplicant) OAJ IAL0 � �C,TLv�. Date 'ATE OF F O ID j ) NTY 0 Qi The foregoing instrument was acknowledged before me this, 2(, -ftn S e je� ew�-e ✓ , 2022, by �ejrov-, t,•�, 0 5. E e,J (name of person acknowledging) day of JENNIFER M. DE U1HOZ t: ,. MY COMMISSION # GG 963047 a` EXPIRES: March 5, 2024 Si ature of N tary Public "''FsFe:° BwdednhruNaa►yPublic unaer*dWs Whom is personally known to me or whom has produced a valid identification. Owner) ot(/,1 Date \�TATE OF LO IDA COUNTY OV 1,01 LPi The foregoing instrument was acknowledged before me this-2&4_day of c o S ��e,VvAoe , 2022, by Tf V-ov.\N woo �1 (Name of person acknowledging) JENNIFER M. DE LAHOZ MY COMMISSION # GG 963047 EXPIRES: March 5, 2024 Sign ure of Notary Public / BwdWTmwary PubkUnderwhera Whom is personally known to me or whom has produced a valid identification. Received in the office of the City Clerk on I r2 2U 2 , Y Date L Qi u City Clerk INSTRUMENT #2022139087 OR BK 6041 PG 1681 - 1681 (1 PGS) DATE: 10/21/2022 11:58:44 AM GARY J. COONEY, CLERK OF THE CIRCUIT 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. 2022-023R and agreed to and accepted by the undersigned developer/applicant as of August 23, 2022 with regard to the following described real property: LOCATION: 17700 SR 50 Alternate Key #1037409 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. Signe4, Vealed and delivered in the presence of: Property Owner .J. & -e 'o(),v C-1tj rinted ame and Title STATE OF FLO�ZID�� COUNTY OF �� 'rinte Na e and Title I HEREBY CERTIFY that on this ��d y of SQ e�2, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared 5t�ay� �h.�o 5' ESa-t,J� , who is personally known to me or who has produced as identification, and who executed the foregoing instrument, and who did take an oath. NOT Y PUBLI My commission expires: DOTY SOLIK LAW PA JENNIFER M. DE LA HOZ 121 S ORANGE AVE STE 1500 A, MY COMMISSION N GG 963047 ORLANDO FL 32801 EXPIRES: March 5, 20224y� •'•FOF F��`' Bonded Thru Notary PUbk Vn� d n