O-2017-22 CITY OF CLERMONT
ORDINANCE No. 2017-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF CLERMONT BY ADDING
SECTION 122-249, DENSITY BONUS CRITERIA; SETTING FORTH
STANDARDS AND REGULATIONS FOR THE CRITERIA FOR THE
DENSITY BONUS; AND PROVIDING FOR CONFLICT,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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 February 7, 2017 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 add Section 122-249,
Density Bonus Criteria, 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 authority 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:
Section 122-249 Density Bonus Criteria.
General Description
An applicant may request the use of a density bonus in the Central Business District by including
a justification statement in the description of the project in their site plan application. The
attainment of a bonus requires three separate components:
1. Compliance with the mandatory requirements;
2. Utilization of the density bonus criteria;
3. Compatibility with the planned character of adjacent and surrounding properties.
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A bonus shall not be considered an entitlement. The maximum available bonus under the
proposed system below may not be appropriate in all situations. Neighborhood compatibility
issues or lack of adequate infrastructure may not support the full bonus. The City Council may
approve a requested bonus, approve a requested bonus with conditions to mitigate the impact of
the bonus, approve a lesser bonus, approve a lesser bonus with conditions to mitigate the impact
of the bonus, or deny a requested bonus.
Maximum Residential Density in the Central Business District
The maximum residential density permitted in the Central Business District is 25 dwelling units
per acre. Through the use of the bonus provisions below, the total maximum allowed residential
density may be increased to 40 dwelling units per acre in the Central Business District. At no
time shall residential densities be increased above 40 dwelling units per acre.
Mandatory Requirements for Residential Development in the Central Business District
The following items are mandatory components for any project in the Central Business District
that is greater than 12 dwelling units per acre, including any project utilizing the density bonus
provisions of this section:
1) Ownership
The project must be designed, constructed and sold as fee simple or condominium
ownership structure.
2) Construction Materials
Durable, high-quality materials, such as stone, steel, glass, precast concrete, or masonry
shall be required. Such materials and associated architectural features must wrap around
all sides of the building that are visible from the public realm. Traditional stucco may be
appropriate in a historic context or for a Mediterranean-style building. Buildings
incorporating EIFS (Exterior Insulation Finishing System) or other faux-stucco finish for
more than 10 percent of a street-facing façade do not meet this criterion. Buildings
constructed primarily of wood framing do not meet this criterion.
3) Urban Design/Architecture
Building placement must reinforce the walkability of downtown and embrace desired
pedestrian/building relationships. The primary building entrance, if a singular entrance,
must be a prominent feature that is defined and articulated with pediments, pilasters,
columns, porticoes, porches, overhangs, railings, or other architecturally compatible
elements. Buildings on corner lots and buildings that terminate views from the public
realm must incorporate additional height or other features that emphasize their prominent
location.
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4) Pedestrian Improvements
The project must include sidewalks in all public rights-of-way and a pedestrian access
plan for the internal movement throughout the project.
5) Trail Connection
The project must be adjacent to or within 1,500 feet of a publicly dedicated trail. If not
adjacent, a connection between the project site and public trail must be constructed. Any
planned connection must meet the minimum design criteria for a publicly accessible trail.
Criteria for Density Bonus
Bonus density may be awarded to a project based upon successful compliance with one or more
of the following criteria listed below. Each project must demonstrate that the inclusion of one or
more of the following criteria justifies an increase in density. The City shall consider the entirety
of the project and the manner in which the project exceeds minimum City standards for
development within the Central Business District. Those projects exemplifying maximum and
superior utilization of the bonus criteria below may be awarded a higher density. The
determination of the final allowable maximum density includes consideration of the criteria
below and compliance with the Compatibility Revisions of this section. The density bonus
commitments proffered by the applicant and agreed to by the City shall be included in a
Community Benefit Agreement described further in this section.
1. Streetscape
Streetscape treatment that meets the City's downtown streetscape plan or exceeds the
minimum standards normally required of the development's location.
2. Transit
The site is proximate (1/4 to 1/2 mile) to a sheltered transit stop. This criterion may be
waived until such time as transit service is more fully provided within the downtown
corridor.
3. Parking Structure
Parking garage is located such that it is interior to the site or lined with habitable space
along all street-facing facades.
4. Public Parking
The project provides parking beyond the minimum required by code to accommodate
public parking in the downtown.
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5. Environmental Sustainability
Site design and building materials that exceed the minimum environmental sustainability
requirements in place at the time of development. Such enhancements should consider
energy efficiency, stormwater design, solar, solar roofs or other renewable energy
sources, recycling, and sustainable materials options, all of which should be judged
against the best-available technology and any relevant and generally accepted
environmental certification programs.
6. Public Open Space
Publicly accessible and functional open space that is open to the sky and at least 2,500
square feet in area.
7. Public Art/Cultural Facilities
The project includes a prominent component of public art or provides space to support
community cultural activities, all accessible to the public. The applicant may proffer a
payment in lieu of this criterion subject to a fund established by the City for use
consistent with the intent of this provision.
8. Landscaping
A landscaping plan that exceeds the minimum City requirements.
Compatibility Review
Projects that utilize this density bonus section to increase density above 25 dwelling units per
acre, and are located adjacent to, or across a public street from, an adjoining zoning district other
than the Central Business District, shall be required to undergo a Compatibility Review (CR).
This review will ensure that the proposed density bonus results in a development that is
compatible with the massing, scale, form, and design of adjoining and nearby development. The
City Manager or designee responsible for administration of the Land Development Code shall
consider the following factors in conducting the Compatibility Review:
1. The current and planned uses of the surrounding area as allowed by the current future
land use category(s) of surrounding properties;
2. If the resulting use of the density bonus will have a substantially greater negative impact
on the surrounding neighborhood than the project would have without utilizing a density
bonus;
3. If proposed building setbacks significantly decrease site lines between building sites;
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4. If proposed landscaping/buffers provide sufficient screening to mitigate the negative
effects of the incompatibility; and
5. If the resulting use of the density bonus decreases the level of service of any
infrastructure below the adopted standards in the comprehensive plan.
Neighborhood Compatibility Report
The City Manager or designee shall produce a neighborhood compatibility report based on the
proposed project. If the report results in a recommendation to reduce or eliminate the use of the
density bonus for failure to meet the findings of the compatibility review, the City Manager or
designee shall provide additional conditions on the project to mitigate those concerns. Those
conditions may include, but are not limited to the following:
1. A reduction in the density bonus.
2. Increased building setbacks.
3. Increased landscaping/buffers.
4. Increased open space.
5. Off-site infrastructure improvements necessary to maintain adopted levels of service.
Community Benefit Agreement
An agreement between the City and the Applicant shall be required to memorialize the
commitments proffered by the applicant, and shall be considered by the City Council at the time
the application is considered in a public hearing. This agreement shall be known as a
Community Benefit Agreement (CBA), and shall contain the terms and conditions by which the
applicant will provide the density bonus elements of the project. The Community Benefit
Agreement shall be presented to the City Council along with the application to increase
residential density above 25 dwelling units per acre on any project in the Central Business
District.
SECTION 3.
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance 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
Ordinance as a whole.
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SECTION 4.
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 5.
The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take
such editorial license.
SECTION 6.
This Ordinance shall be published as provided by law and it shall become law and shall take
effect immediately upon its Second Reading and Final Passage.
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PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 28th day of February, 2017.
CITY OF CLERMONT
,..e.-acar,-
Wit.
V
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' _. Gail L. Ash, Mayor
.`,- ATTEST:" _
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Tracy Ackroye Howe, City Clerk
Approved as to a -•- : d legality:
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Daniel "� - orney