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Resolution No. 2024-001RS= CLERWON-r CITY OF CLERMONT RESOLUTION NO.2024-001R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A BUILDING (HOTEL) OCCUPYING MORE THAN 20,000 SQUARE FEET OF FLOOR SPACE IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT AND TO ALLOW MORE THAN 10 PARKING SPACES BUT NO MORE THAN 12 SPACES WITHOUT A LANDSCAPE ISLAND; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN 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 to occupy more than 20,000 square feet of floor space in the C-2 General Commercial Zoning District and to allow more than 10 parking spaces, but no more than 12 spaces without a landscape island, at the following location: LOCATION: Vacant parcels located on the northeast and northwest corner of State Road 50 and Omar Street Alternate Keys 1695805, 2706058, 1695902, 1695881, 1695872, 2587199, 1695899, 1695813, 1695911, 2691280 4.07 +/- Acres 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 to occupy more than 20,000 square feet of floor space in the C-2 General Commercial Zoning District and to allow more than 10 parking spaces but no more than 12 spaces without a landscape island, 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. S_ CLERMONT CITY OF CLERMONT RESOLUTION NO.2024-001 R 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 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. 5. 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. 8. 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. d' CLERWONT CITY OF CLERMONT RESOLUTION NO.2024-001R SECTION 2: LAND USE The property shall be developed to allow for a four-story hotel, up to 70,000 square feet in the C-2 General Commercial Zoning District. The project shall be developed in substantial accordance with the Conceptual Master Site Plan (Revised), dated October 2023, and Conceptual Hotel Cross-section, dated January 19, 2024, as prepared by McCoy & Associates, 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 hotel shall be limited up to 112 guest rooms, with pool and outdoor bar area. 3. The maximum building height will be 55 feet, measured at the highest point of the building. 4. An enhanced landscape buffer consisting of a minimum of 30% more required plant material shall be installed along the northern property line between the hotel and the residential area. Parking spaces may exceed 10 spaces without a landscape island, but no more than 12 spaces, as indicated on the Conceptual Master Site Plan (Revised). 6. The reverse frontage road shall be established to allow traffic movement to Oakley Seaver Drive. A connection to the property to the west shall also be established to utilize the reverse frontage road. Cross -access easements between the property owners shall be established in order to use the reverse frontage road. 7. The site may also be used for any permitted use in the C-2 General Commercial Zoning District. 8. 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. 9. Interior lighting on the site shall be directed downward into the site and shall not spill over onto adjacent properties. 10. All landscaping, drainage/water retention and site plan approval conditions must be maintained in perpetuity for the site. 11. No outside speaker system, sound amplification system and/or broadcasting device shall be allowed within the Outdoor Tiki Bar Area and Pool Deck Area. S- CLERWONT CITY OF CLERMONT «�� RESOLUTION NO.2024-001 R 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 AN EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. S C�ER ' CITY OF CLERMONT C,a.dC T RESOLUTION NO. 2024-OOIR DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 23rd day of January, 2024. CITY OF CLERMONT Tim Murry, M�®r ATTEST: Tracy Ackroyd H e, MMC City Clerk Approved as to form and legality: DaZ.ntzaris. i orney s- CLERWOI T CITY OF CLERMONT —�� RESOLUTION NO.2024-001R Exhibit A - I ��rrrr'��►_' ' 1 r PR�O.1JpECT CHARACTERISTICS �.J..... O� --: ..O ,r �.;4tllt•1 d. .m v::M.M — loll: KLN r4 w r wr . %w•n.. awaw w MYw wnown w M st SO'. 100' — T.N. 1•.,Oln W 'f.M l•w IO.YR �.1 w � •.r HOTEL�PAD i III srrio�,.enn.snr.r. _ I.e.r" z! (80'x 245') I�I .�m.......�.7:. .1...��:. ;as s ,....w. 1 VACANT I ^m'as — I M w ■:��."ae w... 1� RESTAURANT BLDG. PAD _ I ! I �• ``jE �;�.� ff (100'x 120') 1 SONNY'S 1 '........,. BBQ ■lewwa. A . waee YRr rp . ,R....f , , f 1.�r.�y1,•� .... a... , .. �1...�. , .. �.1. �■.... — t •�'••• —_ I I I I 'JI a � rr —__—..-nrw.�%,.....a.,....•..ewrfl.lAi,ar.a. 1� S.R. 50 --------------------- -- it LE E-.E L- c (W).06M M (a),ST'ses + t 'Y ,OV.JOS Ji .� A —ulimm a a E} aws wl■ 1 � I I I I I I I I C yy n• • I I I I 1 1 I I! iI "■...... ......----+-----�p n n L------}------l_ ..... d---- 14------ } I 1 I I 1 tt I I I 1 I I PARKING I I I 1 ■ I I j I I I i I I t m■4y � I w. ----- 4oMalXX0nL x.z INSTRUMENT#: 2024032729 OR BK 6303 PG 501 PAGES: 1 3/21/2024 10:45:56 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $10.00 RETURN TO: City of Clermont Development Services Dept. 685 West Montrose St Clermont FL 34711 SHORT FORM CONDITIONAL USE PERMIT THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit adopted and approved by the Clermont City Council by Resolution No. 2024-001R and agreed to and accepted by the undersigned developertapplicant as of January 9. 2024 with regard to the following described real property: LOCATION: Vacant narcels located on the northwest corner of State Road 50 and Omar Street Alternate Keys 1695805.270605& 1695902.1695881. 1695872.2587199.16958".1695813.1695911,2691280 and is for the purposes of providing notice to all interested parties.. the assigns, successors and heirs of the undersigned developer/applicant and all future owners of the above -referenced property that the real property described above is subject to the terms and conditions of the above, referenced Conditional Use Permit IN WITNESS WHEREOF, the undersigned ha%duly executed this Short Form Conditional Use Permit as of the day set forth below. Siglied, sealed and delivered in the presence of: Clermont -,Hotels, LLC, a Florida lim`mted liability com�o3a��,._.— digttaattne of Property Owner or Developer/Applicant �i9YA rvL /L!$K,4y ��f�il/a• b £K Printed Name and Title 730 S. Atlantic Ave., #102 Ormond Beach! FL 32176 STATE OF FL COUNTY OF U%a-- : Y CERTIFY that on this �ay of C 'Rol 2024, before me, by means of physical presence or t ] online notarization, an officer dul authorized in the State aforesaid and the County aforesaid to take acknowledgements: personally appeared sfa✓f w 1 4ayav) . who is personally known to me or who has produced as identification, and who executed the foregoing instrument, and who did take an oath. (Stamp) ,.� WODN AWN BACK fp 1 Notary Public • State of Florida i,� Coma�tssbn # KK 065377 ���) MY Comm. Expires Mar 16, 2025 gdndtd duo* National Notary Assn. NO �LIC q.ER� MOt� SIGNATURE PAGE I, the undersigned, do hereby agree to each condition of this Conditional Use Permit_ eveloper/Applicant Date STATE OF FLO A: COUNTY OF 51 Q, : ,5Jfi` The foregoing instrument was acknowledged before me this )n day of 2024, by (YQ mi r ame of erson aCkno r SHARON ANa EACH n p Notary Public -State ofFlorida Commission p HH 065377 or fti r My Comm. Expires Mar 16, 2025 Signature ofNgtqry Public Bonded through National Notary Assn. Who is perso�ownor whom has produced valid identification. I, the undersigned, do hereby agree to each condition of this Conditional Use Permit: Owner Date STATE OF FLORIDA: COUNTY OF The foregoing instrument was acknowledged before me this day of 2024, by (Name of person acknowledging) Signature ofNotary Public Whom is personally known to me or whom has produced valid identification. Received in the office of the City Clerk on ^ 2 "� �✓ `�f -3L - Date V U ` City Clerk 685 W. Montrose Street ® Clermont, FL 34711 a www.ClermontFLgov