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Resolution No. 2024-003R(S= CLER ' CITY OF CLERMONT �d RESOLUTION NO.2024-003R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION AND REMODEL OF AN EXISTING AUTOMOTIVE SERVICE AND REPAIR SHOP BUILDING IN THE C-1 LIGHT 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 on February 6, 2024 recommended approval of this Conditional Use Permit to allow for the expansion and remodel with a covered pick up and drop off area for the existing automotive repair building and service center, at the following location: LOCATION: 611 West Highway 50 (Alternate Key 1613728) WHEREAS, from the evidence presented at the public hearing and after consideration of the factors set forth in Sec. 101-212 (c) 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 expansion and remodel with a covered drop off and pick up area for the existing automotive service repair shop in the C-1 Light Commercial 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. 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. C CLER' 1T CITY OF CLERMONT Ch.-of Chmp.. RESOLUTION NO. 2024-003R 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. 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. 5. 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. 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 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" CLERWONYr CITY OF CLERMONT ��---� RESOLUTION NO.2024-003R SECTION 2: LAND USES AND SPECIFIC CONDITIONS 1. This Conditional Use Permit is to allow for the expansion and remodel of the existing building with a covered pick up and drop off area for the automotive service repair shop in the C-1 Light Commercial zoning district. 2. The property shall be developed in substantial accordance with the Preliminary Conceptual Site Plan prepared by Land Development Services, LLC, and dated 11/02/2023 (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 developed to meet the City's Architectural Standards and Land Development Codes. 3. The site may also be used for any permitted use in the C-1 Light Commercial zoning district. All uses must adhere to the requirements of the Land Development Code. 4. No outside storage will be allowed. Any outside storage shall be completely enclosed and screened from public view and any public streets. All enclosures shall be designed to be compatible and complement the architecture color and materials of the primary building. 5. In the event the operation of the use as authorized herein results in three (3) documented violations of City Code Chapter 34, Article II, "Noise" as may be amended or revised, in any thirty (30) consecutive- day period as verified by staff, this conditional use permit shall be presented to the City Council for consideration of further conditions or revocation of this conditional use permit. 6. The use as authorized herein shall be limited to operation Monday thru Sunday during the hours of 7:00 a.m. to 7:00 p.m. 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. S C@ ' 1T CITY OF CLERMONT e—dam RESOLUTION NO.2024-003R 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. d`; CLE ' M, CITY OF CLERMONT Ch-d RESOLUTION NO.2024-003R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 13th day of February, 2024. CITY OF CLERMONT Tim Murry, =vo Tracy Ackroyd City Clerk CLERWON-r CITY OF CLERMONT ----d�.,� RESOLUTION NO.2024-003R Exhibit A — Preliminary Conceptual Site Plan s 2W70e,T,snen0e ,. _. cn �o 3",WH,a��r�,