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Resolution No. 2023-028R
d✓ CITY OF CLERMONT C dRESOLUTION NO.2023-028R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A 24-HOUR EMERGENCY CLINIC IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; 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 September 5, 2023 recommended approval of this Conditional Use Permit to allow for the operation of a 24-hour emergency clinic in the C-2 General Commercial zoning district, located at the existing CVS Pharmacy building on Hartwood Marsh Road and US Highway 27; at the following location: LOCATION: 4405 South US Highway 27, located on Hartwood Marsh Road and US Highway 27; at the existing CVS Pharmacy Building (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 the operation of a 24-hour emergency clinic to be located at 4405 US Highway 27; at the existing CVS Pharmacy building on Hartwood Marsh Road and US Highway 27; 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 further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. S • Nr CITY OF CLERMONT C d� RESOLUTION NO.2023-028R 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 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. All redevelopment 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. CLER*NT CITY OF CLERMONT — RESOLUTION NO.2023-028R SECTION 2: LAND USE This Conditional Use Permit is to allow for the operation of a 24-hour emergency clinic that shall be located in the vacant CVS Pharmacy building at 4405 US Highway 27, on Hartwood Marsh Road and US Highway 27. The site may also be used for any other permitted uses in the C-2 General Commercial zoning district. 2. The emergency clinic is proposing 14 exam rooms and approximately 16 employees to be staffed at the facility. 3. The redevelopment or expansion of the site must comply with the Clermont Land Development Regulations and adopted standards. The site shall be similar in design to the Conceptual Plan Layout, Exhibit A. 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 elevations, Exhibit B. 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 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. dt; CITY OF CLERMONT C RESOLUTION NO.2023-028R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 26th day of September 2023. CITY OF CLERMONT Tim Murry, yor ..''! Tracy Ackroyd Howe, MMC City Clerk Approved as to form and legality: J s CLERMONT 0 - —_ CITY OF CLERMONT RESOLUTION NO.2023-028R Exhibit A — Conceptual Site Plan HARTWOOD MARSH ROAD I GMFk WM& SOE PUNS I CITY OF CLERMONT C� RESOLUTION NO.2023-028R m Exhibit B — Building Facade Elevations r ;esith FYFRCFMCV auanew eun r7 I FREESTANDING ED CLERMONT ELEVATIONS -EXTERIOR BUILDING - CUP INSTRUMENT#: 2023140130 OR BK 6242 PG 1956 PAGES: 3 11/16/2023 10:59:53 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $27.00 RETURN TO: Kathy Heard, CMC 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. 2023-028R and agreed to and accepted by the undersigned developer/applicant as of Sei)tember 26, 2023 with regard to the following described real property: LOCATION: 4405 South US Hiehwa% 27. located on Hartwood Marsh Road and US Hiihnya� 27: at the existimt CVS Pharmac,, Buildin,_� Alternate Key #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 terns 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 c G Bred ' i the presence of: f'ro erty O44V `I (,C ! !. (� Printed Name and i e STATE OF FLORIDA: COUNTY OF QFU j - C � 3 - I H REBY CERTIFY that on this o day of _ ��}L7073, before me, by means of [�lysical presence or [ ] online notarization, an o ficer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeareoafa_T'eLj}rLSL O, who is personally known to me or who has produced as identification, and who executed the foregoing instrument, and who did take an oath. NOTARY PUBLICMy commission expires: Notary Public State of Florida Commit KH2O4709 Emlres 12/6/2025 INSTRUMENT# 2023140130 OR BOOK 6242/PAGE 1957 PAGE 2 of 3 MAXIMO SEQUEIRA ALEMAN 9 0 0 4 8 0 9 7 5 RAZON DE AUTENTICACI6N DE FIRMA Ante mi, MAXIMO SEQUEIRA ALEMAN, Notario P6blico con oficina an la Provincia y Canton de San Jose, Distrito El Carmen, Barrio Aranjuez, cien metros oeste y cincuenta metros al sur de la Iglesia Santa Teresita, autentico notarialmente la firma del senor: MANUEL HUMBERTO POLINI MONTERO, de nacionalidad costarricense con numero de cedula: Uno- cero novecientos veintiocho- cero quinientos veinticuatro, representando a CATA WINDS CORP, una corporacion establecida en el estado de La Florida, Estados Unidos de Norteamerica. Esta firma que fue estampada en mi presencia, de to cual doy fe, en documento redactado en idioma ingles, que en resumen contiene la aceptacl6n del permiso de use condicional de forma corta, adoptado y aprobado por el Consejo Municipal de la Ciudad de Clermont, Florida, por medio de la resolucion: Dos mil veintitres- cero veintiocho R y que ha sido aceptado por los firmantes con respecto a la propiedad localizada en 4405 South US Highway 27, en documento fechado el martes diez de octubre del ano dos mil veintitres, que se hard valer en los Estados Unidos De America. Se expide Io anterior en San Jose, Costa Rica, a las catorce horas del diez de octubre del ano dos mil veintitres. AGREGO Y CANCELO TIMBRES DE LEY CANCELADOS EN BCR BANCA ELECTR6NICA. MAXIMO SEQUEIRA ALEMAN 9 0 0 4 8 0 9 7 5 3660 564 L40 40 1NSTRUMENT# 2023140130 OR BOOK 6242/PAGE 1958 PAGE 3 of 3 Tanlanguage MAXIMO SEQUEIRA ALEMAN 900480975 SIGNATURE AUTHENTICATION PURPOSE Certified Translation [There is a QR code] Before me, MAXIMO SEQUEIRA ALEMAN, Notary Public with office in the Province and Canton of San Jose, El Carmen District, Neighborhood Aranjuez, one hundred meters west and fifty meters south of the Santa Teresita Church, I notarize the signature of Mr.: MANUEL HUMBERTO POLINI MONTERO, Costa Rican with identification number: 1-0928-0524, representing CATA WINDS CORP, a corporation established in the state of Florida, United States of America. This signature that was affixed before me, which I attest, on a document written in English, which in summary contains the acceptance of the short form conditional use permit, adopted and approved by the Municipal Council of the city of Clermont, Florida, through resolution: 2023 - 028 R and which has been accepted by the signatories with respect to the property located at 4405 South US Highway 27, in a document dated Tuesday, October 10, 2023, which will be enforced in the United States of America. Issued in San Jose, Costa Rica at 14:00 on October 10, 2023. 1 ADD AND CANCEL CANCELED LAW STAMPS IN BCR ELECTRONIC BANKING. [There is a signature] [There is a round stamp:] MAXIMO SEQUEIRA ALEMAN — NOTARY PUBLIC — LICENSE 3660 MAXIMO SEQUEIRA ALEMAN [There is a bar code] 3660 - 56414010 900480975 Page 2 [There is a round stamp:] MAXIMO SEQUEIRA ALEMAN — NOTARY PUBLIC — LICENSE 3660 Appraisal Payment You have made the Appraisal payment successfully [There is a logo:] BCR — WE ARE THE BANK OF COSTA RICA BCR 10/10/2023 15:11:00 Voucher Appraisal Payment Appraisal: 505899302 Account of Origin: SEQUEIRA ALEMAN MAXIMO Amount debited £ 258,50 Appraisal Detail Integer Number Security ticket Appraised amount Registry Act: Status 525518177 56414010 £ 275,00 INTEGER OF STAMPS SIGNATURE AUTHENTICATION PAID INTEGER DETAIL Stamp Description Total Amount Discount Amount Paid 008 BAR ASSOCIATION STAMP £ 275.00 £ 16,50 £ 258,50 Total £ 275,00 £ 16,50 £ 258,50 BCR 10/10/2023 15:11:00 CERTIFICATION Translation from Spanish into English I, Diego D Rodriguez, a professional translator with over 20 years of experience in the translation business, member number 231266 of the American Translators Association, President and Director of Tranlanguage Inc., a certified translation services company duty incorporated in the State of Florida, hereby certify the foregoing to be a translation made by a professional and qualified translator, fluent in the abovementioned languages and experienced in the translation of this type of documents. To the best of my knowledge and belief, this translator produced a true and accurate translation of the pertinent part of the photocopy of the source document, which is attached hereto. This certification does not cover the legitimacy of the source document nor the truthfulness of the information contained therein. In witness whereof, I set my hand and seal on October 20, 2023. �tt�H Digitally signed by Diego D Rodriguez DN: cn=Diego D Rodriguez, o=Tranlanguage Inc., ou=Tranlanguage Inc., AmericanYtr'.5 tom k,,:riohn ail —info , ATAmrm rlu, W231266 em— @tranlanguage.com c=US `` i Adobe Acrobat DC version: 2015.006.30306 Form 5150 - V. 11/12/21 Copyright © 2023 - www.tranlanguage.com - All Rights Reserved Page 1 of 1 18001 Old Cutler Road, Suite 641, Palmetto Bay, FL, 33157 Phone: (305) 440-4773 — Mobile: (305) 519-7292 — e-mail: info@tranlanguage com 2 Y a� U U I, the undersigned, do hereby agree to each condition of this Conditional Use Permit. (Applicant) � Date STATE OF FLO IDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2023, by-0-f0-7A--- (name of person acknowledging) L HAAG Signature of Notary Public Notary Public State of Florida Commit HH2O4709 Expires 12/6/2025 Whom is rsonally , e or w om has produced a valid identificati n. laa (O er) Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2023, by (Name of person acknowledging) Signature of Notary Public Whom is personally known to me or whom has produced a valid identification. Received in the office of the City Clerk on I I 2 -� — Z- C � Date City Clerk