Resolution No. 2023-005R(5=
CLERWONT CITY OF CLERMONT
� RESOLUTION NO.2023-005R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT (CUP) AMENDMENT (RESOLUTION
1476) TO ALLOW FOR A PRIVATE SCHOOL TO BE LOCATED IN THE
CBD CENTRAL BUSINESS DISTRICT AND A BUILDING GREATER
THAN 3,000 SQUARE FEET; 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 February 7, 2023 recommended approval of this Conditional Use Permit
to allow for the construction and operation of a private school, at the following location:
LOCATION:
First United Methodist Church
Old hospital parking lot located at the
southwest corner of 7th Street and Desoto Street
Alternate Keys 1614724, 1614741, 1096821, 2790865
WHEREAS, the granting of this Conditional Use Permit will not adversely affect the
officially adopted Comprehensive Plan of the City; such use will not be detrimental to the health,
safety, or general welfare of persons residing or working in the vicinity; the proposed use will
comply with the regulations and conditions specified in the codes for such use; and 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 (CUP) to allow for the construction and operation
of a private school and a building greater than 3,000 square feet in the CBD Central Business
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.
�.
CLEOO► -r CITY OF CLERMONT
��� RESOLUTION NO.2023-005R
3. The Conditional Use Permit must be executed and processed through the Office of the City
Clerk within 90 days of the approval date by the City Council or the permit shall become
null and voided.
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.
The Fire Marshal shall inspect all buildings 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 any 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 City of 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.
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.
11. Should this use cease operation for more than 180 days, a new CUP shall be required for a
same or similar operation.
12. Easement(s) must be provided to the City of Clermont for all City utilities at the applicant's
expense or be relocated at the applicant's own expense. Easement provisions or relocation
shall be to City requirements and standards.
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CANT CITY OF CLERMONT
_ RESOLUTION NO.2023-005R
SECTION 2: LAND USES AND SPECIFIC CONDITIONS
1. The property will continue to be used as church campus, as indicated in Resolution No.
1476. This Conditional Use Permit (CUP) amendment will allow for the construction of a
2-story, 25,000 square foot building and a 2,200 square foot pavilion to be used for a private
school associated with the First United Methodist Church in the area shown on the
conceptual site plan.
2. The property shall be developed in substantial accordance with the conceptual site plan
prepared by Germana Engineering, dated 01-27-2023, exhibit A.
The maximum number of students enrolled in the school shall be limited up to 350 students
in grades K-8th. The maximum number of students enrolled in the Voluntary Pre-
Kindergarten/3-Year-Old program shall be limited up to 110 students.
4. Students shall be dropped -off and picked -up on -site in accordance to the queue
management system as prepared by Traffic & Mobility Consultants (TMC) Memorandum,
dated January 23, 2023. In the event that the parking/queuing of vehicles due to this use
proves to be inadequate, the City reserves the right to open the CUP for further review and
additional conditions which may include transportation improvements or revocation of the
Conditional Use Permit.
5. A Tier 2 Transportation Impact Study (TIS) shall be completed, reviewed and approved by
the City's Transportation Consultant prior to site plan approval. This review shall follow
the City's/Lake-Sumter MPO guidelines and shall be fully paid by the applicant. The
requirements in Section 90-7 of the City's Land Development Code shall apply, including
payment for all costs associated with the review of the TIS by the City's Transportation
Consultant. Any deficiencies or mitigation strategies resulting from this review will fully
be upon the applicant to implement and proportionate cost share.
6. Any traffic control devices/improvements requested by the applicant on public roadways
shall be fully paid for by the applicant/owner.
7. Any 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 plan 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 only used for
conceptual purposes.
The site shall be developed in accordance to the Clermont Land Development Regulations
and the provision of the CBD Central Business District in the Land Development Codes.
9. All buildings and structures must comply with Clermont Architectural Design Standards.
10. No outside speaker systems will be permitted at this site. No bells, chimes, sirens or horns
may be used outside as well.
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CLEOON-r CITY OF CLERMONT
RESOLUTION NO.2023-005R
11. Site lighting shall be installed and operated to reflect downward onto the site and shall not
spill over onto the adjacent properties.
12. Any signage must comply with Clermont Sign Code, Section 102-Signs. A separate permit
is required for any signs.
13. The site may also be used for any other permitted uses in the CBD Central Business
District.
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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NT CITY OF CLERMONT
�� d RESOLUTION N0. 2023-005R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont,
Lake County, Florida, this 28th day of February, 2023.
CITY OF CLERMONT
Tim Murry,'Mayor
j6o��l
Tracy Ackroyd Howe, MMC
City Clerk
orm and Legality:
F. Mantzaris, City Attorney
CLE06N7 CITY OF CLERMONT
��- - 1� RESOLUTION NO.2023-005R
Exhibit A:
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INSTRUMENT#: 2023054954 OR BK 6139 PG 1892 PAGES: 1 5/10/2023 11:12:18 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT 6 COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $10.00
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 Resaludon No. 2023-OOSR and agreed to and
accepted by the undersigned developer/applicant as o/fFebrusn- 28, 2002/3•wiJth regard to the following
described real property. rf r 5t �nfe�i Y,1 r
Ae1'%'w (' f- CJ�W I'1 CIG WIQYji'
LOCATION: 1035 716 Street
Alternate Key #1614724,1614741, 1096821, 279M
and is for the purposes of providing notice to all interested patties, the assigns, successors and
heirs of the undersigned devcloper/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 ;
Owner p cant /� 0
N � r , t 4/, f gU f/ e55 �iCi�1 i Nr S{!" ✓
Printed Name and Title Priolted Name and Title
STATE OF FLORIDA:
COUNTY OF l a K 4 , _
1 HEREBY CERTIFY that on this Yday of 2023, beforo me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowledgements,
personally ap e,YL Yt^w-(— , who is personally known to me or wbo has
produced 13L as identification, and who a xcartod the foregoing
instrument, and ivho did take an oath.
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NOTARY Pl1B
My commission expires:
I;MD'Y DEA"
Notary Rft
Stabs of Fronds
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rye I certify that the foregoing is a true and accurate copy of the document as
a p reflected in O ial Records. Portions may be redacted as required by law.
F GARY J. Clerk of a Circuit Court and Comptroller, Lake County, Florida
�r0^ By Deputy Clerk 5/10/2023 11:12:20 AM
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I, the undersigned, do hereby agree to each condition of this Conditional Use Permit.
(Applicant) Date
STATE OF FLORID
COUNTY OF ',
The foregoing instrument was acknowledged before me this day of
I t l , 2023, bye f
(name of peAon owledgin
stm of PArwe
OMMM HH21Q5"
Expires 12/21MS
m has produced a valid identification.
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(Owner) Date
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2023, by
Signature of Notary Public
(Name of person acknowledging)
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on _
Dat
City Clerk