Ordinance No. 2020-33 - LDC Text Amendment - TIA FinancingC� 6 CITIT OF CLERMONT
51— ORDINANCE NO.2020-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF CLERMONT, CHAPTER 90
"CONCtJRRENCY MANAGEMENT", ARTICLE I, "IN GENERAL",
SECTION 90-7 "ESTIMATION OF DEMAND FOR PROPOSED
DEVELOPMENT"; PROVIDING FOR CONFLICT, SEVERABILITY, THE
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clermont desires to Amend Chapter 90,
Article I, "In General", Section 90-7 "Estimation of demand for proposed development" of the
City of Clermont's Land Development Code;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Florida as follows:
SECTION 1: AUTHORITY
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.
Section 90-7 "Estimation of demand for proposed development" (a) "Roads/traffic circulation (1)
"Traffic analysis required" of the Land Development Code of the City of Clermont is hereby
amended to read as follows (note strikethrough indicates removed words and underlined indicates
added):
Sec. 90-7. - Estimation of demand for proposed development.
(a) Roads1traf c circulation.
(1) Traffic analysis required All new developments, including but not limited to; rezonings
and conditional use permits, shall be required to submit a traffic analysis or
Transportation Impact Study (TIS) prepared at the applicant's expense by a qualified
transportation consultant. The applicant shall be responsible for all costs associated with
review of the traffic impact analysis by the Ci 's inde endent professional transportation
consultant. p. in ., e d nee with the Lake a Sumter- Metrepelit n 1 lawliRg QFganizatinns
Study Nlfofhede ogy G ideli @s WTeam 1 • Take Ceun4y Che-e- -h-nek TC-2449 dat@d May
292009 aR ,rs axnendde The Transportation Impact Study (TIS) is composed of three
levels and shall follow the Lake -Sumter MPO Traffic Impact Study Methodology and
Guidelines, dated 2017 and as amended :
CI7T OF CLERAfONT
�-- ORDINANCE NO. 2020-33
• Tier 1 TIS: Less than 100 Peak Hour Two-way Net New Trips
• Tier 2 TIS: 100 or More Peak Hour Two-way Net New Trips
• Tier 3 TIS: Projects that generate 5,000 or more Average Daily Traffic (ADT)
The TIS This shall identify the development's impact on the city's transportation
system using methodology as approved by the city. The city may also require the
submission of a traffic analysis for developments whose site location, anticipated total
trip generation, circulation patterns or other such factors warrant a more extensive review
of traffic impacts.
Upon results of the TIS, an applicant may be required to participate in the requirements
of Article II. transportation proportionate fair share. Possible payment into an escrow
account for transportation proportionate fair share impact (TPFS) for impacted roadways
will be in accordance with the approved methodology of the TPFS formula, as amended.
(b) Sanitaiy sever. The following generation standards shall be used to estimate the sanitary
sewer demand of a proposed development:
(1) Residential developments. The standard for residential developments is 188 gallons per
equivalent residential unit, per day.
(2) Commercial, institutional and industrial developinents. Demand for commercial,
institutional and industrial developments shall be estimated based upon the city impact
fee, section 2-261 et seq., in the form of equivalent residential units by development type.
These types of developments shall also provide the city with a description and estimate
of wastewater generation created by any special processes which will be discharged into
the city's system.
(c) Solid waste..
(1) Generation standards. The following standards shall be used to estimate the volume of
solid waste anticipated to be generated by a proposed development:
a. Residential developments. The standard for residential developments is 16 pounds
per equivalent residential unit, per day.
b. Conwiercial, institutional and industrial developments. Developers shall be required
to provide the city with a description and estimate of tonnage of solid waste to be
generated.
(2) Hazardous haste. Commercial, institutional and industrial developments which are
potential hazardous waste generators shall be responsible for coordinating with the county
for disposal of such waste. Written approval must be obtained from the county and
submitted to the city that the hazardous waste to be generated by the proposed
CITi' OF CLERMONT
ORDINANCE NO.2020-33
development can be accommodated at the county's landfill or directed to an alternative
licensed disposal facility.
(d) Stornnvater drainage. A stormwater drainage plan based on the stormwater management
requirements of this land development code shall be prepared for all developments. Such plans
shall incorporate the level of service design stoma and shall be approved as meeting such
standard.
(e) Potable, ivater.
(1) The following use standards shall be used to estimate the potable water needs of
proposed developments:
Land Use Use Standard
Residential 220 gallons per day per capita
Commercial
Institutional
Industrial
* Shall be estimated based upon city impact fee, section 2-261 et seq., in the form of equivalent
residential units by development type.
(2) Additionally, conunercial, institutional and industrial developments shall provide the city
with a description and estimate of water use needs for any special processes involving
potable water.
(f) Recreation and open space..
(1) Residential developments. Recreational impacts of proposed residential developments
shall be based on the anticipated total number of persons residing in the development,
calculated by using the population figures per dwelling unit as follows:
Unit Type Number per Unit
Single-family 2.42
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r` CITE' OF CLERMONT
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(2) Commercial, institutional and industrial developments. Commercial, institutional and
industrial developments shall not be assessed as having an impact on recreational
facilities. The city may, however, require the provision of recreational facilities as part of
planned unit developments and developments of regional impact.
SECTION 3: CONFLICT
All Ordinances or parts of Ordinances, all City Code Sections or parts of City Code Sections, and
all Resolutions or parts of Resolutions in conflict with this Ordinance are hereby repealed to the
extent of such conflict.
SECTION 4: SEVERABILITY
Should any provision of this Ordinance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other
than the part declared to be invalid.
SECTION 5: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR
Regardless of whether such inclusion in the Code as described in Section 6 is accomplished,
sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 6: CODIFICATION
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 7: EFFECTIVE DATE
This Ordinance shall be effective immediately upon its adoption as provided by law.
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CITY OF CLERMONT
ORDINANCE NO.2020-33
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
on this 27t' day of October, 2020.
CITY OF CLERMONT
Tracy Ackroyd Howe, City Clerk
LEGAL INF R AND VALID IF ADOPTED
Daniel F. Mantzaris, City Attorney