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Resolution No. 2023-003RRETURN TO: Rae Chidlow City of Clermont 685 West Montrose St Clermont, FL 34711 INSTRUMENT #2023082419 OR BK 6173 PG 1118 - 1123 (6 PGS) DATE: 7/10/2023 2:17:51 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT AND COMPTROLLER, LAKE COUNTY, FLORIDA RECORDING FEES $52.50 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. 2023-003R and agreed to and accepted by the undersigned developer/applicant as of April 11. 2023 with regard to the following described real property: LOCATION: Parcel located south west of the US 27 and Hammock Ridge intersection Alternate Kev #3926624 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 Printed Name and Title Applic ScA/� Laxi(? , EV t Printed Name and Title STATE OF FLORIDA: COUNTY OFt2_UvO- I HEREBY CERTIFY that on this l� day of , 2023, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared L , who is personally known to me or who has produced as identification, and who execute t e oregoing instrument, and who did take an oath. eOT ARY PUBLIC My commission expires: STEPHMIE BURCH Commission # GG 355400 Explios July 16, 2023 ' Bonded T?" Hq foln Insurance 000.38&1019 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. 2023-003R and agreed to and accepted by the undersigned developer/applicant as of ADril 11. 2023 with regard to the following described real property: LOCATION: Parcel located south west of the US 27 and Hammock Ridee intersection Alternate Kev #3926624 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, s ed and red in the presence of: Prop ty Owner Applicant Printed Name and Title 10 Printed Name and Title STATE OF FLORIDA: COUNTY OF 04q n 9e-., v I HEREBY CERTIFY that on this 7 day of J �t ! % , 2023, before me, an officer duly authorized in the State aforesaid and in the County aforesaid t ake acknowk4gements, ersonall a J cctme-> �ss P Y eared PP who personally known me or who has produced as identification, and w o executed"tfie foregoing instrument, and who did take an oath. NOTARY PUBLIC My commission expires: 4q lL , �' L.3 t►�Y% MILDRED MERCED MY COMMISSION # GG 337125 EXPIRES: September 21, 2023 �B: n 4• Bonded Tlvu Notary PW* Unden s c U Q IL i, W c 3 0 I, the undersigned, do hereby agree to each condition of this Conditional Use Permit. ,�ALA n e (App i 5 Boa 3 l can Date STATE OF FLORIDA COUNTY OF D wV a- I The foregoing instrument was acknowledged before me this / 541A E. `signature of Notary Public . 2023, by('Sp" 1,cil.V 6 f , (name of person acknowledging) day of STEPHANIE BURCH A Commission # GG 355400 Expires July 16, 2023 �•:"! Bondod Thru Troy Fain Insurance 800-3857019 Whom is personally known to me or whom has produced a valid identification. (Owner) � dP�'�s /� rt/%,i rt a�' Date STATE OF FLORIDA COUNTY OF o iea rlI9e.. The foregoing instrument was acknowledged before me this 7 day of 2023, by .J,1 n e-ti A/ S6 (Name of person acknowledging) ar%? MILDRED MERCED ��—• �- .• t MY COMMISSION # GG 331125 _? EXPIRES: September 21 2023 Signature of Notary Public °.... ' eo WWThru► oWyPubkunderwrIIers Whom is personally known to me or whom has produced a valid identification. Received in the office of the City Clerk on City Clerk V Date CITY OF CLERMONT RESOLUTION NO.2023-003R Exhibit A — Legal Description: LEGAL DESCRIPTION: ALL OF LOT 7, COMMERCIAL PARCEL 1 A PARCEL OF LAND LOCATED IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA, BEING ALL OF LOT 7, COMMERCIAL PARCEL I AS DESCRIBED IN SHOPPES AT HAMMOCK RIDGE CROSSINGS -PHASE 1, COMMERCIAL PARCELS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 70, PAGES 69-73, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 7 AND THE NORTHEAST CORNER OF TRACT A, OF SAID SHOPPES AT HAMMOCK RIDGE CROSSINGS -PHASE 1 COMMERCIAL PARCELS PLAT BOOK 70, PAGES 69-73 THENCE WITH THE NORTH LINE OF SAID TRACT "A" THE FOLLOWING THREE COURSES: 1) SOUTHWESTERNLY WITH THE ARC OF A NON -TANGENT CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 31.00 FEET. A CENTRAL ANGLE OF 09'36'02" AND A CHORD BEARING AND DISTANCE OF S60'22' 16"W, 5.19 FEET) FOR AN ARC DISTANCE OF 5.19 FEET TO A POINT OF TANGENCY; 2) S65' 10' 17"W, A DISTANCE OF 257.76 FEET; 3) S66'31'39"W, A DISTANCE OF 149.05 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE LEAVING SAID NORTH LINE OF TRACT "A" AND WITH THE WEST LINE OF LOT 7. THE FOLLOWING TWO (2) COURSES: N24'50'08"W, A DISTANCE OF 291.75 FEET; 2) N18'38'41"W, A DISTANCE OF 8.36 FEET TO THE SOUTHWEST CORNER OF TRACT "A" OF TUSCANY VILLAGE PHASE 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK, 64, PG. 13-15, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE LEAVING THE WESTERLY LINE OF SAID LOT 7 AND WITH THE SOUTHERLY BOUNDARY LINE OF TRACT "A", N65' 10'23"E, A DISTANCE OF 361.07 FEET TO THE NORTHWEST CORNER OF TRACT "LS" OF SAID TUSCANY VILLAGE PHASE 1; THENCE WITH THE WEST BOUNDARY LINE OF SAID TRACT "LS", S24'49'27"E, A DISTANCE OF 40.00 FEET TO THE SOUTH LINE OF SAID TRACT "LS"; THENCE WITH THE SOUTH LINE OF SAID TRACT "LS". N65' 10'49"E, A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 7, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. 27 (STATE ROAD 25) PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PER SECTION 11200, F.P. NO. 238422-1 AND 238423-1; THENCE WITH SAID WESTERLY RIGHT-OF-WAY LINE, S24'49'46"E, A DISTANCE OF 263.13 FEET TO THE POINT OF BEGINNING. CONTAINING 2.819 ACRES OF LAND, MORE OR LESS CLEd�'_ CRY OF CLERMONT OQ� RESOLUTION NO. 2023-003R Exhibit B: Conceptual Site Plan .,.-IV NARI :,'Ic PLA CONCf F=T 45 CITY OF CLERMONT RESOLUTION NO.2023-003R Exhibit C: Sample Elevations O 61- CM, CITY OF CLERMONT O.—. RESOLUTION NO.2023-003R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A MICRO -HOSPITAL 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 February 7, 2023 recommended approval of this Conditional Use Permit to allow for a micro -hospital use greater than 5,000 square feet in the Tuscany Village PUD, Resolution 1532; at the following location: LOCATION: Vacant parcel located south of the US 27 and Hammock Ridge intersection, south of Chick-Fil-A, adjacent to the stormwater pond (AK 3926624) 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 micro -hospital 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. CITY OF CLERMONT CLF d RESOLUTION NO.2023-003R 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. 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 and contained in the legal description in Exhibit A is subject to the terms and conditions of the Conditional Use Permit. 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, dated 10-10-22, prepared by Concept Companies, Exhibit B. 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 up to a 30,000 square foot single -story building to be used as a micro - hospital. The site may also be used for other permitted C-1 uses as indicated in the Tuscany Village PUD, Resolution 1532. CITY OF CLERMONT RESOLUTION NO.2023-003R 2. The building setback will be a minimum of 25 feet from the internal drive and stormwater pond, 12 feet from the interior rear and 50 feet from US 27. 3. The building shall be designed in a manner that shall meet the City of Clermont's Architectural Standards and as represented in the provided elevations, Exhibit C. 4. The site shall be designed and developed to comply with the Clermont Land Development Regulations. The site shall not include a helicopter landing pad or zone and regular helicopter transports shall not be permitted. 5. Prior to receiving site plan approval, the facility shall submit an emergency transport plan to the City of Clermont and Lake County for review and approval. In this plan, it shall document the procedures for transport from the facility to another facility, including who is responsible for this transport, what method of transport and any other logistics. The emergency transport plan shall be approved prior to site plan approval and construction of the facility and will be reviewed on a regular basis and amended as needed, as requested by the City of Clermont and Lake County. 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. d' CLER�" �OIT CITY OF CLERMONT �� RESOLUTION NO.2023-003R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 1 lth day of April 2023. Y 'ns a A Tracy Ackroyd Howe, MMC City Clerk Approved as to form and legality: Dan' . an ' , orney CITY OF CLERMONT Tim Munry, ayor CLE ' M, CITY OF CLERMONT mod« RESOLUTION NO.2023-003R Exhibit A — Legal Description: LEGAL DESCRIPTION: ALL OF LOT 7, COMMERCIAL PARCEL 1 A PARCEL OF LAND LOCATED IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA, BEING ALL OF LOT 7, COMMERCIAL PARCEL 1 AS DESCRIBED IN SHOPPES AT HAMMOCK RIDGE CROSSINGS -PHASE 1, COMMERCIAL PARCELS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 70, PAGES 69-73, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 7 AND THE NORTHEAST CORNER OF TRACT A, OF SAID SHOPPES AT HAMMOCK RIDGE CROSSINGS -PHASE 1 COMMERCIAL PARCELS PLAT BOOK 70, PAGES 69-73 THENCE WITH THE NORTH LINE OF SAID TRACT "A" THE FOLLOWING THREE COURSES: 1) SOUTHWESTERNLY WITH THE ARC OF A NON -TANGENT CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 31.00 FEET. A CENTRAL ANGLE OF 09'36'02" AND A CHORD BEARING AND DISTANCE OF S60'22' 16"W, 5.19 FEET) FOR AN ARC DISTANCE OF 5.19 FEET TO A POINT OF TANGENCY; 2) S65' 10' 17"W, A DISTANCE OF 257.76 FEET; 3) S66'31'39"W, A DISTANCE OF 149.05 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE LEAVING SAID NORTH LINE OF TRACT "A" AND WITH THE WEST LINE OF LOT 7. THE FOLLOWING TWO (2) COURSES: N24'50'08"W, A DISTANCE OF 291.75 FEET; 2) N18'38'41"W, A DISTANCE OF 8.36 FEET TO THE SOUTHWEST CORNER OF TRACT "A" OF TUSCANY VILLAGE PHASE 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK, 64, PG. 13-15, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE LEAVING THE WESTERLY LINE OF SAID LOT 7 AND WITH THE SOUTHERLY BOUNDARY LINE OF TRACT "A", N65' 10'23"E, A DISTANCE OF 361.07 FEET TO THE NORTHWEST CORNER OF TRACT "LS" OF SAID TUSCANY VILLAGE PHASE 1; THENCE WITH THE WEST BOUNDARY LINE OF SAID TRACT "LS", S24'49'27"E, A DISTANCE OF 40.00 FEET TO THE SOUTH LINE OF SAID TRACT "LS"; THENCE WITH THE SOUTH LINE OF SAID TRACT "LS". N65' 10'49"E, A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 7, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. 27 (STATE ROAD 25) PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PER SECTION 11200, F.P. NO. 238422-1 AND 238423-1; THENCE WITH SAID WESTERLY RIGHT-OF-WAY LINE, S24'49'46"E, A DISTANCE OF 263.13 FEET TO THE POINT OF BEGINNING. CONTAINING 2.819 ACRES OF LAND, MORE OR LESS C LER Nr Ch� d Ch� CITY OF CLERMONT RESOLUTION NO. 2023-003R Exhibit B: Conceptual Site Plan AT, L I�m NARY SITE PLAN PD- .. i—ii:R�� 0-0—Sm Toi IUSE UEY R CONCEPT 1" -.111 It C 0 M P A Rd I N 0 -,E *2,81 WCRO-HOSA-A. TAX PAPM NO DS-73-26-20nr-000-00700 POTA&E WAIER AVAAA&C SAAffrARY SEHFR AVALAStt CLER I�(r CITY OF CLERMONT E RESOLUTION NO.2023-003R Exhibit C: Sample Elevations