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Resolution No. 2022-029R6 CLEOONT CITY OF CLERMONT 7 RESOLUTION NO.2022-029R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A HOTEL USE GREATER THAN 5,000 SQUARE FEET IN THE TUSCANY VILLAGE PUD, RESOLUTION 1532; 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 October 4, 2022 recommended approval of this Conditional Use Permit to allow for a hotel use greater than 5,000 square feet in the Tuscany Village PUD, Resolution 1532; at the following location: LOCATION: Vacant parcel located southwest of the US 27 and Hammock Ridge intersection 2.5 +/- acres (Portion of AK 3890913) 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 hotel use greater than 5,000 square feet in the Tuscany Village PUD, Resolution 1532; 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 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 of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. d' CLE06M, CITY OF CLERMONT 7 RESOLUTION NO.2022-029R 4. The Fire Inspector shall provide building inspections for life safety requirements and all fire code regulations must be in compliance prior to the issuance of any Building Certificate of Occupancy. 5. The Building Inspector shall inspect all structures and building for compliance and any building code violations shall be corrected before the issuance of the Certificate of Occupancy. 6. 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. 7. 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. 8. 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. 9. 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. 10. Should approved uses cease operation for more than 180 days, a new Conditional Use Permit shall be required for the same or similar operations. 11. The property shall be developed in substantial accordance with the Conceptual Site Plan, sheet number CSP1, dated August 2022 and prepared by Kimley-Horn. 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 presentation site plan submitted with the Conditional Use Permit application is not the approved and final construction plan. SECTION 2: LAND USE This permit is for a 72,500 square foot four-story hotel building. The site may also be used for other permitted C-1 uses as indicated in the Tuscany Village PUD, Resolution 1532. 2. Maximum building height will be 55 feet, measured at the highest point for the building. 3. The building setback will be 20 feet from the internal drive, 15 feet from the interior sides and 30 feet from rear. 4. The building shall be designed in a manner that shall meet the City of Clermont's Architectural Standards and as represented in the provided elevation. d9, C� ' CITY OF CLERMONT d RESOLUTION NO.2022-029R 5. The site shall be designed and developed to comply with the Clermont Land Development Regulations. 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. (P CLERMONT CITY OF CLERMONT RESOLUTION NO.2022-029R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 25th day of October 2022. jX + 1. A`PTES Tracy Ackroyd Howe, MMC City Clerk Approved as -to form and legality: CITY OF CLERMONT Tim Murry, yor d� CL CITY OF CLERMONT .do RESOLUTION NO.2022-029R Exhibit A — Legal Description: That part of Lot 1, Block 1 of Tuscany Village Phase 1, according to the plat thereof, as recorded in Plat Book 64, pages 13 through 15, Public Records of Lake County, Florida, being described as: Commence at the Southerly corner of said Lot 1, also being the northwest corner of Lot 2, Block 1 of said Tuscany Village Phase 1; thence North 65°10'25" East, 233.33' feet to the westerly line of the 27.00 foot wide ingress -egress and utility easement according to said Tuscany Village Phase 1; thence North 24*49'11" West along said westerly line, 135.00 feet to the Point of Beginning; thence continue along the said westerly line North 24'49'11" West, 189.39 feet; thence South 65110'49" West, 540.42 feet; thence South 24'49'11 "East, 98.64 feet; thence South 39°41'52" East, 25.78 feet; thence South 70°04'06" East, 73.77 feet; thence South 82° 13'39" East, 194.18 feet to the northeasterly line of a parcel recorded in Official Record Book 4445, Page 24, Public Records of Lake County, Florida; thence along the said northeasterly line the following two courses: 1) North 24°53'25" West, 10.01 feet; thence 2) North 65°06'35" East, 35.62 feet; thence North 24*49'11" West, 80.65 feet; thence North 65110'49" East, 282.19 feet to the Point of Beginning. Containing 2.50 acres, more or less. C'�`c[ � IAV`A1' Cho, edcM np o u q0P t CITY OF CLERMONT RESOLUTION NO.2022-029R Exhibit B: Zoomed Area on Conceptual Site Plan 10 iT LS 8UF Sample Elevation r � Tr -�� - 1i^ i r Entry Tower Subtle Base Palette Flexible Projections Front Porch Cultured Sone Base Denotes building EIFS is used as the Bump -outs add Enhances sense of Change in material entrance and provides primary exterior additional interest arrival by locating at the base of the visual interest with a building material, with to the exterior and space to relax building helps grounds higher -quality finish warm neutral colors allow for room mix immediately near the building mass. material. applied to the majority flexibility. building entrance. of the facade. ra J wLu U Z _ 00) U • CITY OF CLERMONT C dam. RESOLUTION NO.2022-029R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A HOTEL USE GREATER THAN 5,000 SQUARE FEET IN THE TUSCANY VILLAGE PUD, RESOLUTION 1532; 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 October 4, 2022 recommended approval of this Conditional Use Permit to allow for a hotel use greater than 5,000 square feet in the Tuscany Village PUD, Resolution 1532; at the following location: LOCATION: Vacant parcel located southwest of the US 27 and Hammock Ridge intersection 2.5 +/- acres (Portion of AK 3890913) 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 hotel use greater than 5,000 square feet in the Tuscany Village PUD, Resolution 1532; 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 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 of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. CLE CITY OF CLERMONT a�w.da... RESOLUTION NO.2022-029R 4. The Fire Inspector shall provide building inspections for life safety requirements and all fire code regulations must be in compliance prior to the issuance of any Building Certificate of Occupancy. 5. The Building Inspector shall inspect all structures and building for compliance and any building code violations shall be corrected before the issuance of the Certificate of Occupancy. 6. 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. 7. 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. 8. 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. 9. 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. 10. Should approved uses cease operation for more than 180 days, a new Conditional Use Permit shall be required for the same or similar operations. 11. The property shall be developed in substantial accordance with the Conceptual Site Plan, sheet number CSPI, dated August 2022 and prepared by Kimley-Horn. 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 presentation site plan submitted with the Conditional Use Permit application is not the approved and final construction plan. SECTION 2: LAND USE 1. This permit is for a 72,500 square foot four-story hotel building. The site may also be used for other permitted C-1 uses as indicated in the Tuscany Village PUD, Resolution 1532. 2. Maximum building height will be 55 feet, measured at the highest point for the building. 3. The building setback will be 20 feet from the internal drive, 15 feet from the interior sides and 30 feet from rear. 4. The building shall be designed in a manner that shall meet the City of Clermont's Architectural Standards and as represented in the provided elevation. jf CITY OF CLERMONT r, RESOLUTION NO.2022-029R The site shall be designed and developed to comply with the Clermont Land Development Regulations. 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. - CITY OF CLERMONT RESOLUTION NO.2022-029R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 25th day of October 2022. CITY OF CLERMONT Tim Murry, Iayor Tracy Ackroyd Howe, MMC City Clerk CITY OF CLERMONT Iec- RESOLUTION NO.2022-029R Exhibit A — Legal Description: That part of Lot 1, Block 1 of Tuscany Village Phase 1, according to the plat thereof, as recorded in Plat Book 64, pages 13 through 15, Public Records of Lake County, Florida, being described as: Commence at the Southerly corner of said Lot 1, also being the northwest corner of Lot 2, Block 1 of said Tuscany Village Phase 1; thence North 65°10'25" East, 233.33' feet to the westerly line of the 27.00 foot wide ingress -egress and utility easement according to said Tuscany Village Phase 1; thence North 24'49'11" West along said westerly line, 135.00 feet to the Point of Beginning; thence continue along the said westerly line North 24'49'11" West, 189.39 feet; thence South 65° 10'49" West, 540.42 feet; thence South 24149' 11 "East, 98.64 feet; thence South 39*4 F52" East, 25.78 feet; thence South 70°04'06" East, 73.77 feet; thence South 82° 13'39" East, 194.18 feet to the northeasterly line of a parcel recorded in Official Record Book 4445, Page 24, Public Records of Lake County, Florida; thence along the said northeasterly line the following two courses:1) North 24°53'25" West, 10.01 feet; thence 2) North 65°06'35" East, 35.62 feet; thence North 24"49'11" West, 80.65 feet; thence North 6590'49" East, 282.19 feet to the Point of Beginning. Containing 2.50 acres, more or less. CITY OF CLERMONT C ,,. RESOLUTION NO.2022-029R Exhibit B: Zoomed Area on Conceptual Site Plan TE � — -.. rr r: rent• f � � �� 1 t:.sa•.rc Sample Elevation I ii T Entry Tower Subtle Base Palette Flexible Projections Denotes bullding EIFS is usea as the Bumpoutsadd entrance and provides primary exterior additional interest visual interest with a building material. with to the exterior and higher quality fmish warm neutral colors allow for room mix materiel. applied to the majority flexibility. of the facade. Front Porch Cultured Sone Base Enhances sense of Change In material arrival by locating at the base of the space to relax building helps grounds immediate;y near the building mass. building entrance. I, the undersign , do hereby agree to each condition of this Conditional Use Permit. 11 1r1Zy (Applicant) M#V �� I � J- Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of f law arv. ,r , 2022, by �\'.c_1�,� �\ -?-, . \�N �-- (name of person acknowledging) Signature f Notary Public ASHLEY RILEY _Notary Public -State of Florida Commission # HH 18679 My Commission Expires July 07, 2024 Whom is personally known to me or whom has produced a valid identification. (Owner) C (e,- A4.11 � f t , 0--Z 1. GG C- Date STATE OF FLORIDA COUNTY OF ?, \\j The foregoing instrument was acknowledged before me this?� day of Signs of Nota& Public 2022, by 1-a; C� o _\ 1` \ *Z (Name of person acknowledging) ASHLEY RILEY L�¢;Notary Public -State of Florida Commission # HH 18679 My Commission Expires July 07, 2024 Whom is personally known to me or whom has produced a valid identification. Received in the office of the City Clerk on� - 1 Date City Clerk MPH HOTELS, INC. 100 2ND AVENUE SOUTH RETURN SUITE 1103-S SAINT PETERSBURG FL 33701 RETURN TO: Rae Chidlow City of Clermont 685 West Montrose St Clermont, FL 34711 INSTRUMENT #k2022147011 OR BK 6051 PG 769 - 769 (1 PGS) DATE: 11/9/2022 4:05:30 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT AND COMPTROLLER, LAKE COUNTY, FLORIDA RECORDING FEES $10.00 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. 2022-029R and agreed to and accepted by the undersigned developer/applicant as of October 25, 2022 with regard to the following described real property: LOCATION: Vacant parcel located southwest of US 27 and Hammock Ridae Road Alternate Key #3890913 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 (r`ef4o,p41'�L fYI22 (,(,(, Applicant M0 l�� Tih G Printed Name and Title Printed Name and Title STATE OF FLORIDA: 1�� µ6KG'f4r COUNTY OF I HEREBY CERTIFY that on this `day of �ovam�r , 2022, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to tal owledgements, personally appeared t-A ,cNN,�\ -i?, , who is ftersmally know me or who has produced ��� as identification, and who executed the foregoing instrument, and who did take an oath. My commission expires: NOTA PofPUBLIC �;aJP�%, ASHLEY RILEY P400V ,;Notary Public -State of Florida Commission ff HH 18679 =+My Commission Expires ''fit July 07, 2024