Resolution No. 2023-041RE
CeNr CITY OF CLERMONT
faRESOLUTION N0.2023-041R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR AN AMENDMENT TO
THE PLAZA COLLINA PLANNED UNIT DEVELOPMENT
(RESOLUTION NO. 2015-08), TO ALLOW FOR SHARED INTERNAL
DRIVEWAYS AND INTERNAL LANDSCAPE BUFFERS TO BE LESS
THAN THE MINIMUM CODE REQUIREMENTS FOR PARCELS
IDENTIFIED AS PODS F AND H, WITHIN A PLANNED UNIT
DEVELOPMENT; 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 January 4, 2024, recommended approval of this Conditional Use Permit
to allow for an amendment to the Planned Unit Development (PUD), at the following location:
LOCATION:
Vacant parcel within the Plaza Collina Development
Located on the north side of State Road 50, east of Magnolia Pointe Boulevard
and west of Lake Boulevard.
Alternate Key 3938032, 3938034 and 3938035
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 applicant has applied for a Conditional Use Permit for the use of shared
internal driveways and internal landscape buffers to be less than the minimum requirements of the
land development regulations; the subject parcel is part of the Plaza Collina Planned Unit
Development Master Plan (Resolution No. 2015-08);
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:
This application for a Conditional Use Permit is to allow for an amendment to the PUD for the use
of shared internal driveways and internal landscape buffers to be less than the minimum
requirements of the land development regulations, be granted subject to the following conditions:
(F
cLE�NT CITY OF CLERMONT
::_ RESOLUTION NO.2023-041R
SECTION 1: GENERAL CONDITIONS
1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with
the land and the terms, conditions, and provisions hereof, and shall be binding upon the
present owner and any successor in title or interest, and shall be subject to each and every
condition herein set out.
2. Upon approval of the resolution the aforementioned property shall only be used for the
purposes described herein. No further expansion of the use or additions to this project shall
be permitted except as approved by another Conditional Use Permit. Any other proposed
use shall be specifically authorized by amendment and approval of the City of Clermont
City Council.
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. 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 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 business can occupy any portion of the building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Development Services
Department.
6. The Conditional Use Permit must be executed and processed through the office of the City
Clerk within 90 days of its date of grant 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. The structure shall be inspected by the Fire Marshal for life safety requirements. All
requirements must be met prior to any Certificate of Occupancy being issued.
d=
CITY OF CLERMONT
C N - RESOLUTION NO.2023-041R
9. The structure shall be inspected by the City Building Inspector and all building code
violations must be corrected prior to a Certificate of Occupancy being issued.
10. 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.
11. This permit shall become null and void if substantial work has not begun within two (2)
years of the date of issuance of this Conditional Use Permit.
SECTION 2: LAND USES AND SPECIFIC CONDITIONS
This amendment to the Planned Unit Development (PUD) to allow for shared internal
driveways and to allow the internal landscape buffers to be less than the minimum
requirements for Section 123-43 (D) Perimeter Landscape Buffers between abutting
properties for Pods identified as F & H of the Planned Unit Development.
2. The property shall be developed in substantial accordance with the Preliminary Conceptual
Site Plan prepared by KPM Franklin, with a date of October 19, 2023, Exhibit A. The
conceptual plan submitted with the Conditional Use Permit application is not an approved
site plan. Formal construction plans incorporating all conditions stated in this Permit shall
be submitted for review and approved by the Site Review Committee prior to the issuance
of a Zoning Clearance or other development permits. The site will be required to comply
with the City's Architectural Design Standards and 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
Cad RESOLUTION NO.2023-041R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 9th day of January, 2024.
.e✓' r
Tracy -7Cc-kroyd H /e,'Cit-y Clerk
Approved as to form and legality:
CITY OF CLERMONT
Tim Murry, Mfayor
CLER' NT CITY OF CLERMONT
�dCE RESOLUTION NO.2023-041R
Exhibit A — Preliminary Conceptual Site Plan
f •� �i �! ki.'��.,, �yLt ��'r �*{l��E i�Y�"=ib'R �;fK'i��
a
}AM
,: KPMFranklin
CONCEPTUAL PLAZA COLLINA PUD NPMfnnklin.—
11\O 11%UV1ML1.L W. LVG'iViJJ 1'! lJi% 17L\ VL.VV rV 11L� . L G/ J/ GVG'Y tl . VJ.'9 C1J
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $18.50
RETURN TO:
City of Clermont
Development Services Dept.
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. 2023-04IR and agreed to and
accepted by the undersigned developer/applicant as of January 9, 2024 with regard to the following
described real property: '
LOCATION: North side of State Road 50 and east of Magnolia Pointe Boulevard
and west of Lake Boulevard
(Alternate Key # 3938032, 3938034 & 3938035)
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:
Professional Resource Development, Inc.
Curtis Frost, Chief Executiv Officer
STATE OF FLORIDA:
COUNTY OF Q Cckn.
�' (Ci
I HEREBY CERTIFY that on this day of '\ 2024, before me, by means of
4physical presence or [ ] online notarization, an officer dul authorized in the State aforesaid and in
he County aforesaid to take acknowledgements, personally appeared who is
personally �nown to me or who has produced _ _ as identification, and who executed
the foregoing instrument, and who did take an oath.
�,✓� �W. Notary Public 51�1� W Florida
"F Emily Y Acevedo
r , My Commission MN 094340
Opp Expires 01/2412025
My commission expires: C} � ta'+J
OTARY,I.B.
INSTRUMENT# 2024013514 OR BOOK 6280/PAGE 1125
PAGE 2 o f 2
SIGNATURE PAGE
I, the undersigned, do hereby agree to each condition of this Conditional Use Permit:
Developer/Applicant Date
t r
M STATE OF FLORIDA:
`—' COUNTY OF1
C tl of
The foregoing instrument was acknowledged before me this day of
A,Vi U1 GAY %(2024, by (, [ ,tip t l .S' S'r
(Name of person acknowledging)
+�Vk
.k ��' (stat ),.st Notary Pugfc State of Florida
'� Emily Y Aosvedo
Signature of ct y 'ublic �� maa+on 2a 0e4319
aw
Whom is personally known to me or whom has produced a valid ident+f+catloll.
I, the undersigned, do hereby agree to each condition of this Conditional Use Permit:
Owner Date
STATE OF FLORIDA:
COUNTY OF l i fC Y)
O The foregoing instrument was acknowledged before me this day of
J C�1Vtiuci�i , 2024, by Gi_A\( --6 l YV S-i—
(Name of person acknowledging)
(stale
R.E@
State of FloridaSignature of No I u lic vedoon HH 064319/2025
Whom is personally known to me or whom has produced a valid identifica
Y Received in the office of the City Clerk on _2 ^ 1 - 20Z�A_
Date
U n
City Clerk