O-2015-75 CITY OF CLERMONT
ORDINANCE No. 2015-75
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES, ARTICLE IV PLANNED
UNIT DEVELOPMENTS; CHAPTER 122 ZONING, SECTION 122-311
PURPOSE AND INTENT OF ARTICLE; SECTION 122-313 GENERAL
REQUIREMENTS; SECTION 122-314 LOCATION; SECTION 122-315
REVIEW CRITERIA; SECTION 122-316 PROCEDURE FOR REVIEW
AND APPROVAL; SECTION 122-317 AMENDMENTS TO
DEVELOPMENT PLAN; SECTION 122-318 CONFLICTING
PROVISIONS; PROVIDING FOR CODIFICATION, SEVERABILITY,
EFFECTIVE DATE,AND PUBLICATION.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City,
has held a public hearing on September 1, 2015 and following such hearing found this Ordinance
to be in the best interest of the City of Clermont, and recommended that the City Council adopt
this Ordinance; and
WHEREAS, the City Council of the City of Clermont desires to amend Chapter 122 Zoning, of
the City of Clermont's Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Clermont, Florida as follows:
SECTION 1.
The City Council of the City of Clermont has the authonty to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes.
SECTION 2.
The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to
read as follows:
Chapter 122—ZONING
ARTICLE IV. - PLANNED UNIT DEVELOPMENTS CREATED THROUGH THE
PLANNED UNIT DEVELOPMENT ZONING DESIGNATION
1
CITY OF CLERMONT
ORDINANCE No. 2015-75
Section 122-311.- Purpose and intent of article.
I. Within zoning districts now existing or which may hereafter be created, it is intended to
permit as a conditional use through the Planned Unit Development Zoning District, on
application and on approval of site, use and building plans, creation of new Planned Unit
Developments (PUD) for flexible comprehensive development purposes where tracts
suitable in location and character for the uses and structures proposed are to be planned
and developed as units. Suitability of such tracts for the plans and development proposed
for the Planned Unit Development shall be determined by the City Council upon
reference to the Comprehensive Plan, Future Land Use Map, Future Land Use District
designations, applicable development plans which have been adopted, and the existing
and prospective character of the surrounding development.
2. The purpose of this Article is to encourage the accomplishment of a more complete living
environment through the application of enlightened and imaginative approaches to
community planning and shelter design. This alternative should introduce a variety of
architectural solutions, provide for the preservation of natural features and scenic areas,
reduce land consumption by roads, separate vehicular and pedestrian circulation systems,
originate approaches to a meaningful integration of open space networks and recreation
areas within the development, establish neighborhood identity and focus, and ideally
provide for the compatible coexistence of man with the environment. In view of the
substantial public advantages of Planned Unit Developments, it is the intent of this
Article to promote and encourage development in this form where appropriate in location
and character to the surrounding development.
Section 122-312. Definition.
For the purposes of this Land Development Code, a Planned Unit Development means an area
with a specified minimum contiguous acreage, as specified by this Land Development Code, to
be planned, developed, operated and maintained as a single entity containing a system of
structures and uses planned as an integral unit of development having appurtenant common
areas, open spaces, yards, building setbacks, and buffer strips, approved in accordance with the
provisions of this Land Development Code.
Section 122-313. General requirements.
The following general requirements and special regulations shall apply to all Planned Unit
Developments:
1. Minimum area. No site shall qualify for a Planned Unit Development unless the
development consists of a contiguous area of at least one acre or more.
2
CITY OF CLERMONT
ORDINANCE No. 2015-75
2. Unified control.
All land included for purposes of development within a Planned Unit Development shall
be owned or under control of the petitioner for such zoning designation, whether that
petitioner is an individual, partnership or corporation, or group of individuals,
partnerships or corporations. The petitioner shall present firm evidence of the unified
control of the entire area within the proposed Planned Unit Development and shall state
agreement that, if he proceeds with the proposed development,he shall:
a. Do so in accord with the officially approved final master land use plan of the
development, and such other conditions or modifications as may be attached to
the special regulations.
b. Provide agreements, covenants, contracts, deed restrictions, improvements or
sureties acceptable to the City Council for completion of the undertaking in
accordance with the formally approved final Master Land Use Plan, as well as for
the continuing operation and maintenance of such areas, functions, facilities and
improvements as are not to be provided, operated and maintained at general
public expense.
c. Bind all development successors in title to any commitments made under
Subsections (2) a and b of this Section.
3. Development approval.
Formal approval of all Planned Unit Developments shall be granted according to
comprehensive and detailed plans satisfactory to the City Council. Such approval shall be
contingent upon specific evaluation of project concept, uses, density or intensity,
location, and recreation and open space areas. Items required for such analysis and
approval may include but are not limited to:
a. Plans detailing streets, utilities, lot or building sites, setbacks, impervious surface
ratio, landscaping and the like for the overall project; and site plans, floor plans
and elevations for all buildings as intended to be located, constructed or used, as
related to each other, and detailed for other uses and improvements on the land as
related to the buildings and structures.
b. A program for provision, operation and maintenance of such areas,
improvements, facilities and services as will be for common use by some or all of
the occupants of the Planned Unit Development, but will not be provided,
operated or maintained at general public expense.
3
CITY OF CLERMONT
ORDINANCE No. 2015-75
c. Pertinent research studies, analysis or calculations that satisfactorily identify
infrastructure impacts and indicate means for concurrency with warranted
improvements.
Section 122-314. Location.
1. A Planned Unit Development may be established in existing zoning districts, or over a
combined area of several zoning districts, or in such districts as may be determined by the
City Council pursuant to a Planned Unit Development application, where tracts suitable
in location and character for the uses and structures proposed are to be planned and
developed as a Planned Unit Development, according to the requirements and procedures
set forth in this Article. In considering a Planned Unit Development, among the criteria
to be used shall be the location and nature of the Planned Unit Development with respect
to intended functions and the pattern of development existing or proposed in the general
plan or other officially adopted plans, and to public and private facilities and services
existing or clearly to be available by the time development reaches the stage where they
will be required.
2. The location of the Planned Unit Development shall be designated on the Zoning Map by
the designation "PUD" with the specific Ordinance No. called out.
Section 122-315. Review criteria.
In reaching recommendations and decisions on the granting of approval for a Planned Unit
Development, the following standards shall be used:
1. Location.
a. Relation to major transportation facilities.
The criteria to be considered for location of a Planned Unit Development are its
location with respect to local streets, collector streets, minor arterials or major
arterials, and other transportation facilities, including frontage or reverse frontage
roads, or the creation thereof, so as to provide direct access to such areas, thereby
minimizing the creation or generation of traffic along local and collector streets in
residential neighborhoods or other areas outside the Planned Unit Development.
4
CITY OF CLERMONT
ORDINANCE No. 2015-75
b. Relation to public utilities, facilities and services.
The criteria to be considered are the location of the Planned Unit Development in
relation to sanitary sewers, potable water lines, stormwater and surface drainage
water systems, and other utilities, systems and installations, or such information
as will allow the determination as to whether the extension or enlargement of such
systems in manner, form, character, location, degree, scale or timing may result in
higher net public cost or earlier incursion of public cost than would development
in forms generally permitted under existing zoning for the area. Such Planned
Unit Development districts shall be so located with respect to necessary public
facilities as to have access to such facilities in the same degree as would
development permitted under existing zoning, and shall be so located, designed
and scaled that access for public services is equivalent to, and the net costs for
such services is not greater than, access and net costs for public services for
development as permitted under existing zoning. A further criterion is the
applicant's agreement to:
1. Provide adequate and appropriate facilities, utilities or services approved
by the City Council to meet the needs arising out of the Planned Unit
Development, and ensure their satisfactory continuing operation
permanently or until appropriate public utilities, facilities or services are
available and used; or
2. Make provisions acceptable to the City Council if required for offsetting
any added net cost or early commitment of public funds made necessary
by such development. Expenses involved in making such determinations
as may be required in establishing this information shall be paid by the
applicant. Final determination of these matters shall be made by the City
Council.
c. Physical character of site and relation to surrounding property.
1. The site shall be suitable for development in the manner as approved
under the Florida Building Code, and the applicable state, county and city
laws.
2. The natural topography, soils, natural vegetation and surface water should
be preserved and utilized through the careful location and design of
circulation ways, buildings and structures, parking areas, recreation areas,
open space and drainage facilities.
3. Buildings and recreation areas should be situated to take full advantage of
natural air flow, sun angle and scenic vistas.
5
CITY OF CLERMONT
ORDINANCE No. 2015-75
2. Uses, density, open space, living area per family and other regulations.
Within a Planned Unit Development, any principal and accessory use, density, intensity,
setbacks, impervious surface ratio, open space, living area per family and other regulation
may be permitted which is already permitted in the existing zoning districts or Planned
Unit Development districts as may be determined by the City Council pursuant to a
Planned Unit Development application, in which such Planned Unit Development is
located. The arrangement and location of the permitted principal and accessory uses may
not be subject to the existing zoning regulations, but shall be subject to the approval of
the City Council. Deviations from the permitted principal and accessory uses, density,
intensity, setbacks, impervious surface ratio, open space, living area per family, and other
regulations may be granted upon approval of the Planned Unit Development application
by the City Council. Cnteria to be considered by the City Council for approval of
deviations as described in this Subsection may include but are not limited to:
a. Pnvate renewal and redevelopment that creates a better urban environment
through the assembly of land;
b. Providing of public useable open space through the provision of plazas, parks and
walkways;
c. Clearance of obsolete,blighted or undesirable buildings and uses;
d. Dedication of waterfront protection and enhancement of views for the public,
especially lakefront and riverfront areas;
e. Preservation of historical structures and areas;
f. Provision of parks or other landscaping which will enhance the environment; and
g. Other public benefits.
Section 122-316. Procedure for review and approval.
1. Pre-application procedure required.
a. Before any preliminary work is prepared, the developer should become familiar
with the regulations and requirements for a Planned Unit Development in order to
avoid ponderous expenditures of time, effort and money, only to find that
unnecessary costly changes are required by the City Council to make the plans
conform to existing requirements.
6
CITY OF CLERMONT
ORDINANCE No. 2015-75
b. The pre-application conference is designed to afford the developer an opportunity
to avail himself of the advice and assistance of the appropriate city officials
regarding the proposed project before formal application. No statement or
representation made prior to the official review shall be binding on the Planning
and Zoning Commission or the City Council.
c. The developer should prepare or have prepared a conceptual sketch plan showing
the boundaries of the property to be developed, and physical information should
also be readily available. The sketch plan need not be at any particular scale or
drawn on any special material or meet any other specifications. However, the
drawing -should reasonably represent the property and reasonably indicate the
intended use of the property.
2. Application for Planned Unit Development.
An applicant applying for a Planned Unit Development shall submit an application for a
Planned Unit Development in accordance with the provisions of Chapter 86, Article III,
Division 3. The application shall be filed in the office of the Planning Manager on or
before the date established for such submission as adopted by resolution of the City
Council. The application shall be accompanied by the following documents and
information:
a. Evidence of unified control.
The applicant shall submit the evidence of unified control of the proposed
Planned Unit Development to effectuate the proposed plan, including a statement
of all the ownership in the tract of land and the proposed development.
b. Survey.
The applicant shall submit a survey of the tract to be developed showing existing
features of the property, including but not limited to streets, alleys, easements,
utility lines, existing land use, general topography and physical features.
c. Site development plans.
The applicant shall submit site development plans containing:
1. The title of the project and names of the professional project planner and
the developer.
2. Scale, date and north arrow.
7
CITY OF CLERMONT
ORDINANCE No. 2015-75
3. Location and arrangement of-all existing and proposed structures and
buildings.
4. Proposed traffic circulation pattern within the development.
5. Areas to be developed for parking.
6. The points of ingress and egress.
7. The relationship of abutting land uses and zoning districts.
8. Proposed phases, lots and blocks, if any.
9. Locations of different uses proposed by dwelling types, recreational
facilities, open space, commercial or industrial uses, other permitted uses
and off-street parking.
10. A statement of anticipated residential density or other commercial or
industrial intensity of uses, including, when applicable, the proposed total
gross floor area and the percentages of the development to be occupied by
structures or buildings including square footage and floor area ratio.
11. St. Johns River Water Management District or other junsdictional agency
approval as to drainage, if applicable.
12. Preliminary drawings of existing and proposed structures and landscaping.
d. Development schedule.
When a Planned Unit Development is to be constructed in stages, a schedule of
development shall be submitted with anticipated time frames
e. Traffic survey and economic feasibility study.
When it is deemed necessary:
1. The Planning and Zoning Commission or the City Council may require a
traffic survey setting out and analyzing the effect that the Planned Unit
Development will have on the traffic system adjacent to and in the vicinity
of the proposed Planned Unit Development.
2. The City Council may require an economic feasibility study.
8
CITY OF CLERMONT
ORDINANCE No. 2015-75
f. Provisions for maintenance of open space and recreational facilities.
When a Planned Unit Development includes common open space or recreational
facilities, a statement describing the provisions for the care and maintenance of
such open space or recreational facilities must be made. Satisfactory provisions
shall be made to ensure that nonpublic areas and facilities for the common use of
occupants of the Planned Unit Development, but not in individual ownership of
such occupants, shall be maintained in satisfactory manner without expense to the
taxpayers of the City. This may be provided by the incorporation of an automatic
membership home association for the purpose of continuously holding title to
such nonpublic areas and facilities, and levying assessments against each
individual owner; whether his property is improved or not, for the purpose of
paying the taxes and maintaining such nonpublic areas and facilities, which may
include but shall not be limited to recreational areas, off-street parking areas,
walkways, lighting and common landscaped areas. Such assessments shall be a
lien superior to all others, including but not limited to mortgage liens, save and
except tax liens. Other methods may be acceptable, if the method positively
provides for the proper and continuous payment of taxes and maintenance without
expense to the taxpayers of the City. The instrument incorporating such
provisions shall be approved by the City Attorney as to form and legal sufficiency
before submission to the City Council and shall be, upon approval of the Planned
Unit Development by the City Council, recorded in the public records of the
county.
g. Restrictive covenants.
Copies of any restnctive covenants that are to be recorded with respect to
property included in the Planned Unit Development shall be submitted.
3. Action on preliminary development plan.
After receiving the application, the administrative official, the City Manager or his
designated representative, shall review the development plan. During the review, the
administrative official may request the applicant to confer on the Planned Unit
Development concerning any suggested changes in the original proposal and additional
information necessary to make essential findings. In the course of the conferences, any
agreements or disagreements between the administrative official and the applicant shall
be recorded in writing and shall become part of the record.
4. Platting requirements.
If it is determined by the City Council that the lands encompassed by the Planned Unit
Development must be platted or re-platted, this must be done in accordance with the
procedures and regulations set forth by the Codes and Ordinances of the City.
9
CITY OF CLERMONT
ORDINANCE No. 2015-75
5. Recommendation by administrative official.
The administrative official shall either recommend approval of the application as
submitted, approval with modifications, or disapproval of the proposal, and shall set forth
the reasons for the recommendation.
6. Hearing and recommendation by Planning and Zoning Commission. The Planning and
Zoning Commission shall, within 30 days after receiving the administrative official's
report, hold a public hearing on the application. Such public hearing shall consider all
aspects of the administrative official's findings, and of the proposed Planned Unit
Development. Within 30 days after the last public hearing on such plan, the Planning and
Zoning Commission shall prepare and transmit to the City Council specific findings of
fact, together with its recommendations. The Planning and Zoning Commission may
recommend approval of the Planned Unit Development as proposed, approval conditional
on stated modifications, or disapproval.
7. Action by City Council.
a. Granting or denial.
The City Council shall, within 30 days after receiving the Planning and Zoning
Commission's report, hold a public hearing on the application. Such public
hearing shall consider all aspects of the Planning and Zoning Commission's
findings, and of the proposed Planned Unit Development. The City Council shall
either grant the application, with or without modifications, or deny such
application. If the Planned Unit Development is granted, the area of land involved
shall be designated as a Planned Unit Development by ordinance, and such
ordinance shall include any condition or restriction that may be imposed by the
City Council.
b. Performance bond.
A performance bond may be required by the City Council to ensure that necessary
improvements are completed according to approved development permits and
development orders, to ensure that no ecological damage is done to surrounding
properties or waters, and to ensure the restoration of the subject land to a state that
would permit no ecological damage if the project should fail or be abandoned or
work stopped for any reason for a period of more than six months, and the bond
shall be utilized by the city council in the restoration, as nearly as possible, of the
land to a state equivalent to the natural ecological conditions prevailing at the
time of the issuance of the Planned Unit Development. The bond shall terminate
at a time after phase or stage completion or final completion as determined by the
City Council. The bond may be a surety bond, a cash bond, or an unencumbered
certificate of deposit,bank savings account or government security assigned to the
City for the purpose of these requirements.
10
CITY OF CLERMONT
ORDINANCE No. 2015-75
8. Effect of approval.
The Master Land Use Plan as approved, together with the conditions and restrictions
imposed, shall constitute the Planned Unit Development zoning on the land, and no
development permit or development order shall be issued except in conformity with all
provisions of the grant of Planned Unit Development. The terms of the grant of the
Planned Unit Development shall be binding on the applicant and any successors in
interest during any time period specified as a safeguard in the granting of the Planned
Unit Development.
9. Expiration of approval.
If development actions required by the granting of the Planned Unit Development are not
taken within any time limits set in the Planned Unit Development, the Planning and
Zoning Commission shall review the circumstances and recommend to the City Council
that:
a Revised time limits be set, and the recommendation shall include proposals for
appropriate action in respect to any legal instruments involved in the case; or
b. The Planned Unit Development be canceled.
10. Development permits.
Development (building) permits shall be obtained for each and every structure erected,
and construction and operation of the proposed use shall comply at all times with the
regulations of the City and other governmental agencies. Prior to the issuance of any
development permits, complete building plans shall be submitted to the City for approval.
The plans shall be in substantial conformity with plans approved by the Planning and
Zoning Commission and City Council. Separate facilities deemed possible sources of
pollutants shall have received approval from appropriate federal, state, county and city
departments or agencies prior to construction.
Section 122-317. Amendments to development plan.
Changes in plans approved as part of the Planned Unit Development under this Article may be
permitted upon application by the petitioner or his successors in title or interest, but only upon a
finding that any such changes are in accord with all regulations in effect when the change is
requested and the general intent and purpose of the Comprehensive Plan in effect at the time of
the proposed change. Application for approval of such amendment shall be filed and acted upon
in the same manner as prescribed in this Article for original application for approval of Planned
Unit Development projects.
11
CITY OF CLERMONT
ORDINANCE No. 2015-75
Section 122-318. Conflicting provisions.
After public hearings and upon the findings by the Planning and Zoning Commission and the
City Council that the grant of a Planned Unit Development in the particular case serves a greater
public purpose as to design of the particular plan and its relationship to the surrounding area, it is
intended that, where there are conflicts between the requirements of this Article and other
provisions of this Land Development Code, the provisions of this Article shall apply.
Section 122-319. Application fees.
Fees for Planned Unit Development application shall be established by resolution of the City
Council and on file in the City Clerk's office.
Section 122-320-122-340.- Reserved.
12
CITY OF CLERMONT
ORDINANCE No. 2015-75
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
flonda on this 27th day of October, 2015.
” r; r.It OAtt•Or.-',4517-‘"
CITY OF CLERMONT
'.'•!*%1.:' . .1:'!''tilTl'im''/',!'' '''
'',, q:',,
ik
.,:.•,iie,,,Ill '°!:,,,„','„
I
.;: t.'''',','
..A4rolY iki 0 ..€1Z.,
• 7.' '','
ci,
+I A ' r
F,
i Gail L. Ash, Mayor
• ', '-,-
ATE 'T:
, r-,-, ,,,F,;,,j:,-, •',,.' 74,-J-97' . ,
/ /
Tracy Ackroyd, City Clerk i
Approve."... .! orm and legality:
411/.2 ...
, #411114
, • • ... .
r"*-1171117—ntzan , • . -
•