Resolution No. 2023-042Rd✓
' CITY OF CLERMONT
C R RESOLUTION N0.2023-042R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A COMMERCIAL
BUILDING AND RESTAURANT OCCUPYING MORE THAN 3,000
SQUARE FEET OF FLOOR AREA IN THE CBD - CENTRAL BUSINESS
DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY,
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
PUBLICATION AND EFFECTIVE DATE.
WHEREAS, the City of Clermont Planning and Zoning Commission of Lake County,
Florida, at a meeting held on January 4, 2024, recommended approval of the Conditional Use
Permit to allow for a commercial building and restaurant occupying more than 3,000 square feet
of floor area in the CBD - Central Business District, at the following location:
LOCATION:
Parcel located on 7t' Street between Montrose
and Minneola Avenue
(Alternate Key #1614422)
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:
This application for a Conditional Use Permit to allow a commercial building and restaurant
establishment occupy more than 3,000 square feet of floor area in the CBD — Central Business
Zoning District, 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 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✓
CLE N r CITY OF CLERMONT
.d RESOLUTION NO.2023-042R
4. The structure shall be inspected by the Fire Inspector for life safety requirements and all
requirements must be met prior to any Certificate of Occupancy being issued.
The structure shall be inspected by the Building Inspector and all building code violations
must be corrected prior to a Certificate of Occupancy being issued.
6. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met and all impact fees have been paid per City standards.
7. 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.
The Conditional Use Permit must be executed and filed in 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.
9. 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.
10. 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 Development Services Department.
11. This permit shall become null and void if substantial construction work has not begun
within two (2) years of the date of this Conditional Use Permit is executed and signed by
the permittee. "Substantial construction work" means the commencement and continuous
prosecution of construction of required improvements ultimately finalized at completion.
SECTION 2: LAND USE
The property shall be developed to allow for a commercial and restaurant building up to
5,500 square feet in the Central Business District (CBD) and in substantial accordance
with the Conceptual Site/Building Plans prepared by Craft of Architecture, Exhibit A.
The building shall be designed to comply with Clermont Architectural Design
Standards. Any new development on the property must be submitted for site plan review
and approved by the Site Review Committee prior to the issuance of a zoning clearance
or other development permits. The conceptual site plans submitted with the Conditional
Use Permit application are not the approved construction plans.
2. The site may also be used for any permitted use in the CBD - Central Business District
as indicated in the Land Development Code, Section 125-369.
(S=
(: ER ' �, CITY OF CLERMONT
RESOLUTION NO.2023-042R
3. The site shall be developed according to the City of Clermont Land Development Codes
and all building must comply with the City of Clermont Architectural Design Standards.
4. Interior lighting on the site shall be directed downward into the site and shall not spill
over onto adjacent properties.
5. All landscaping, drainage/water retention and site plan approval conditions must be
maintained in perpetuity for the site.
6. A minimum five -foot -wide concrete sidewalk shall be constructed adjacent to any right-
of-ways that meet Americans with Disabilities Act requirements and provide pedestrian
access.
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.
CLER' NT CITY OF CLERMONT
d RESOLUTION N0.2023-042R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 9th day of January, 2024.
CITY OF CLERMONT
Tim Murry, a
ATTEST:
Tracy Ack
City Clerk
Howe, MMC
Approved as to form and legality:
Daniel F. Mantzaris, CiVA76 ey
(9;
LNT
ClE
CITY OF CLERMONT
RESOLUTION NO.2023-042R
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INSTRUMENT#: 2024004265 OR BK 6269 PG 1324 PAGES: 1 1/11/2024 3:45:13 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $10.00
RETURN TO:
City of Clermont
Development Services Dept.
Attn: Kathy Heard
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. 2023-042R and agreed to and
accepted by the undersigned developer/applicant as of January 9. 2024 with regard to the following
described real property:
LOCATION: Located on 7th Street, between Montrose and Minneola Avenue
Alternate Kev 4 1614422
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
P m;it� of the day set forth below.
and delivered in the presence of:
Sign ure of Prope e Developer/Applicant
Printed Name and Title
STATE OF FLORIDA:
COUNTY OF c--K e-
I HEREBY CERTIFY that on this day of (L,,) u a r -+_. , 2024, before me, by means of
[►•physical presence or [ ] online notarization, an officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgements, personally appeared son A. S,�rtn5�//v�,)
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.
(Stamp)
00""A L DNINE
Notary PUblk
state of Florida
Comma HH349636
1' . Expires 2/9/2027
ARY PUBLIC
RETURN TO:
City of Clermont
Development Services Dept.
Attn: Kathy Heard
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. 2023-042R and agreed to and
accepted by the undersigned developer/applicant as of January 9, 2024 with regard to the following
described real property:
LOCATION: Located on 7th Street. between Montrose and Minneola Avenue
Alternate Kev # 1614422
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
Pis of the day set forth below.
and delivered in the presence of:
Sign ure o rope or Developer/Applicant
Printed Name and Title
STATE OF FLORIDA:
COUNTY OF L. a-K e
I HEREBY CERTIFY that on this / day of 36Ln u c r -t— , 2024, before me, by means of
[v�physical presence or [ ] online notarization, an officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgements, personally appeared 75aw.5or) A -Jr; /o d
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.
(Stamp)
DONNA L DIVINE
*Notary Public
state of Florida
Comm# HH349636
;1swExpires 2/9/2027
__WARY PUBLIC
eRecorded: J/J 1/4 0,Q 4
SIGNATURE PAGE
I, tljq�der�igned, do hereby agree to each condition of this Conditional Use Permit:
/er7Applicant ,q ,., NSIVI. C4; Date b (— (1— 'ZU 2+
STA OF FLORIDA:
COY OF�CL A -JP
The foregoing instrument was acknowledged before me this `day of
a a _ , 2024, by -� .-
(name of person acknow edging)
DONNA L DIVINE
Notary Public
nof No �blic State of Florida
ae
g ' Comma HH349636
!$'WPam*lres 2/9/2027
Whom is personally known to me or whom has produced a valid identification.
1, the undersigned, do hereby agree to each condition of this Conditional Use Permit:
�G- M 1L—
Owner Date
STATE OF FLORIDA:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2024, by
Signature of Notary Public
(Name of person acknowledging)
(stamp)
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on
City Clerk
I- 1-�-2b2c
Date