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06-07-2011 Supporting DocumentsCITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, June 7, 2011 City Hall — 685 W. Montrose Street, Clermont, FL CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE MINUTES Approval of the Planning and Zoning Commission Meeting held May 3, 2011. REPORTS Planning & Zoning Director, Chairman, Commission Members NEW BUSINESS Item 1 - Consery II — Large -Scale Amendment (To be postponed to September) L. o,Al _v Item 2 — Land Development Cod Amendment Request for a large-scale comprehensive plan amendment to create the Commerce future land district and to change the future land use on this property located south of Hartwood Marsh Rd. and east of US 27 from Lake County Urban Expansion and Rural to Commerce. Request for Land Development Code Amendments for the following sections: Impact fees, Alcoholic beverages, Solicitors, peddlers and itinerant vendors, Noise, Junked, wreaked, abandoned property, Parking and storage of recreational vehicles, Adopted level of service standards, Trees, Tree removal permit and Accessory uses and structures. Discussion of Non -Agenda Items ADJOURN ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING COMMISSION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS. FOR THAT PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), IF ANY PERSON WITH A DISABILITY AS DEFINED BY THE ADA NEEDS SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING, THEN NOT LATER THAN TWO (2) BUSINESS DAYS PRIOR TO THE PROCEEDING, HE OR SHE SHOULD CONTACT THE PLANNING & ZONING DEPARTMENT AT 352-394-4083 Ext. 302. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2011 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday May 3, 2011 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were William Henning, Jr., Bernadette Dubuss, Raymond Loyko and Judy Proli. Also in attendance were Jim Hitt, Planning and Zoning Director, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, Barbara Hollerand, Assistant to the City Manager, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held March 1, 2011 were approved as written. REPORTS Planning and Zoning Director Jim Hitt stated that Item #3 is being requested to be tabled to June 7, 2011. Commissioner Dubuss moved to table the request of the large-scale comprehensive plan amendment to June 7, 2011; seconded by Commissioner Proli. The vote was unanimous to table this item. Mr. Hitt stated that there were updates on the City's website showing the new population counts. Chairwoman Whitehead stated that on the City's website you can find activities that are coming up in the City of Clermont. She stated she was inviting everyone to Real Life Christian for a Kiwanis breakfast at 7:00 am on May 5, 2011. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT/OWNER: New Beginnings of Lake County, Inc. (Steve Smith) PROJECT: New Beginnings Church REQUESTED ACTION: Request for a CUP to operate a church in a R-3, Residential/Professional zoning district. GENERAL LOCATION: 792 East Montrose St. (west of Ambassador Cleaners & U.S. 27) SIZE OF PARCEL: EXISTING ZONING: EXISTING LAND USE: FUTURE LAND USE: 0.43 acres R-3, Residential/Professional Vacant building Low Density Residential Planning Director Jim Hitt stated that the applicant intends to renovate and convert a vacant building into a church. Mr. Hitt stated that this request by the previous owner has been approved four times before by the City, in 1998, 2000, 2003, 2004, and again in 2008, but never completed. Mr. Hitt stated that for various reasons such as land acquisition, and parking constraints kept the church from development. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2011 Page 2 Mr. Hitt stated that the site was sold to the new owners and the applicant has redesigned the site plan and has designed a plan to utilize on -site grass parking. He stated that the new plan shows seven (7) parking spaces, one of which will be a paved handicapped parking space. Mr. Hitt stated that because of the limited number of spaces available to the site, the staff recommends that a cap of 28 people be placed for the occupancy load. He stated that this number is based on the parking requirements from the Land Development Code of 1 space per 4 seats. (7 spaces x 4 = 28 spaces) He stated that all handicap parking must be paved with access. Mr. Hitt stated that the applicant is also requesting three variances for development which are similar to ones previously approved and include: Building setback reductions, landscape buffer width reductions, and on -site grass parking (not including HQ. Mr. Hitt stated that staff recommends approval of the request for a Conditional Use Permit to allow the operation of a church provided variances are obtained by City Council for the items previously listed, and the occupancy load limit of 28 people, unless more property is added adjacent to the site to accommodate more, per the LDC (Section 2, # 2 and #3). Mr. Hitt stated that staff further recommends that the redevelopment and construction of this site be completed in accordance with Section 1, #12 (6 months to obtain permits, and one year for completion). Steve Smith, 1343 Briarhaven Lane, stated that he currently deals with the homeless in this community. He stated that this church is for the homeless that are currently staying at his facility and is not for outsiders. He stated that these people do not typically have cars, so his request for six grass parking spaces will be sufficient. Commissioner Loyko asked about the liens that are currently on the property. City Attorney Dan Mantzaris stated that the liens would not come before this Board. Commissioner Proli asked how the tenants will get to the church if they don't own vehicles. Mr. Smith stated that they have a van that was donated to New Beginnings which they will use to transport the tenants to the church. Commissioner Proli asked if they would keep the existing structure. Mr. Smith stated that they will keep the structure there, they will replace the roof. He stated that they have received help from Wal-Mart and New Beginnings have collected a lot of material from Home Depot and Lowes for the project. He stated that the building will be certified for safety prior to occupying the building. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2011 Page 3 Commissioner Henning asked if this is a one story building. Mr. Smith stated that it does have a lower level that will be used for storage. Chairwoman Whitehead stated that this is also a learning center. Mr. Smith stated that they do not have any drug addicts or anyone who needs to be rehabilitated. They have to be mentally and physically able to work to enter their program. He stated that anyone who is drug addicts are referred to Lifestream, and domestic abused are sent to The Haven. Commissioner Proli moved to recommend approval for request of the conditional use permit; seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City Council. 2. PROJECT NAME: OWNER: REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: REQUESTED ACTION: LOCATION: EXISTING ZONING: EXISTING LAND USE: FUTURE LAND USE: Clermont Hillside Terrace Clermont Hillside Terrace, LLC (Arlene Malik) & Clermont Hillside Lender, LLC Charles C. Hiott, P.E., BESH Engineering (rep.) Request a CUP amendment to add additional uses to an existing CUP to include a house of worship (church), a private pre-school, a private charter school (K-12), a day care facility, food pantry and a needs distribution center. 2400 S. U.S. Highway 27 PUD (C-2) Clermont Hillside Terrace Commercial City Planner Curt Henschel stated that the applicant is requesting a Conditional Use Permit (CUP) amendment to add additional uses to an existing Conditional Use Permit. He stated that the current Clermont Hillside Terrace Conditional Use Permit includes retails sales, lounges, restaurants, personal services, professional & medical offices. Mr. Henschel stated that the applicant is now requesting the following uses: a pre-school, private school or charter schools K- 12, before/after day care, nursery schools, churches and related activities (food pantry, needs distribution, etc.) Mr. Henschel stated that the Lake -Sumter MPO has stated the proposed school uses will have a reduction of P.M. peak hour traffic count trips than the already approved retail and restaurants uses. He stated that the church and school uses will also require less parking than what has been accounted for on site. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2011 Page 4 Mr. Henschel stated that staff recommends approval of the request to amend the Conditional Use Permit to include the additional Church and school uses. Planning Director Jim Hitt stated that there were changes to the language on numbers 3, 8 and 13 that pertain to the four pads that are not built. He stated that they were clarifying that they don't need certificate of occupancy for the existing buildings, only on any new buildings. Brad Mindlin and John Lindberger, Las Vegas, stated that they want to be good neighbors now that they own the property. They would like to bring new growth and hospitality to the property. Commissioner Dubuss asked if these are going to be new buildings and will there be busses involved. Mr. Mindlin stated that at this time there will be no new construction. He stated that they do not have any specific school use at this time, once they get the use in place they will go back to negotiate the transportation. Mr. Hitt stated that the reason why they were proposing to use the access to the south is because of the light that already exists at the church entrance on Highway 27. Mr. Henning stated that he uses that entrance a lot and he does not feel it is wide enough for busses. Commissioner Proli stated that she does not feel this is a good location for schools, daycare and buses. She asked about the playground. Mr. Mindlin stated that they have a decent size courtyard and there are also the four vacant pads that could be used to incorporate a playground for the children. Commissioner Loyko stated that aside from large buses entering into the property, the market will limit what you can do more than what the conditional use permit will. He stated that the businesses there already seem successful so far. Mr. Mindlin stated that they are entering their first investment in the City of Clermont and they want to be good neighbors. He stated that if the Commission would rather they get more studies before making a decision, they will do that. City Attorney Dan Mantzaris stated that the Commission is here to make a recommendation to the Council. He stated this gives the staff an opportunity to hear the issues and concerns of the Commission to address how it will be looked at in the future. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2011 Page 5 Chairwoman Whitehead stated that they can only make a recommendation and they can take these concerns and clear them up before going before City Council. Commissioner Loyko moved to recommend approval for request of the conditional use permit with the caveat regarding the parking as explained by staff; seconded by Commissioner Dubuss. The vote was 3-2 to recommend for approval to City Council with Commissioners Proli and Henning opposing. There being no further business, the meeting was adjourned at 7:41 pm. Cuqui Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant CITY OF CLERMONT Office of the City Manager Memorandum Date: May 31, 2011 From: Barbara Hollerand, City Manager's Office To: Planning& Zoning Commission and Cit `council g Y Request to Postpone Comp. Plan Amendment Transmittal — Water Consery H property and Commerce Future Land Use District The previously advertised public hearings for the transmittal of the City's 11-1 comprehensive plan amendment are requested to be postponed from the June 7, 2011 Planning & Zoning Commission agenda and the June 28, 2011 City Council agenda. It is the applicants' intention to reschedule the hearings for September. This amendment will include a text change to the Future Land Use Element to create the Commerce future land use district as well as a map change to the Future Land Use Map to change the designation of the Water Consery II property from Lake County Urban Expansion and Rural to Commerce in the City. The request will be re -advertised for the new hearing dates in September. The Water Consery II partners —Orange County and the City of Orlando —are still in negotiations with the City of Clermont to revise the related pre -annexation agreement. Should you have any questions, please call Barbara Hollerand, 241-7307. P.O. BOX 120219 • CLERMONT, FLORIDA 34712-0219 PHONE: 352/394-4081 • FAX: 352/394-1452 A - CITY OF CLERMONT ORDINANCE No. 2011-03-C AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE VI FINANCIAL MATTERS, DIVISION 2 IMPACT FEES, SECTION 2-262 REQUIRED; CHAPTER 6 ALCOHOLIC BEVERAGES, SECTION 6-1 LICENSING VENDORS NEAR SCHOOL OR CHURCH; STANDARD OF MEASUREMENT; CHAPTER 18 BUSINESSES, ARTICLE II SOLICITORS, PEDDLERS AND ITINERANT VENDORS, DIVISION 4 PEDDLERS AND ITINERANT VENDORS, SECTION 18-83 PROHIBITIONS; CHAPTER 34 ENVIRONMENT, ARTICLE II NOISE, SECTION 34-21 LOUD, DISTURBING AND UNNECESSARY; ENUMERATIONS, SECTION 34-32 BUSINESS NOISES IN RESIDENTIAL SECTIONS OF THE CITY; ARTICLE IV JUNKED, WREAKED, ABANDONED PROPERTY, SECTION 34-91 DEFINITIONS, SECTION 34-95 PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS, SECTION 34-96 REMOVAL WITHIN 72 HOURS OF NOTICE; SERVICE; CERTIFICATE OF NOTICE; CHAPTER 38 MOBILE HOMES AND RECREATIONAL VEHICLES, SECTION 38-4 PARKING, STORAGE OF RECREATIONAL VEHICLES; CHAPTER 90 CONCURRENCY MANAGEMENT, ARTICLE I IN GENERAL, SECTION 90-6 ADOPTED LEVEL OF SERVICE STANDARDS; CHAPTER 118 VEGETATION, ARTICLE III TREES, DIVISION 1 GENERALLY, SECTION 118-71 MINIMUM TREE REQUIREMENTS, DIVISION 3 TREE REMOVAL PERMIT, SECTION 118-112 APPLICATION; CHAPTER 122 ZONING, ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 122-341 ACCESSORY USES AND STRUCTURES; 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 June 7, 2011 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 2 Administration, Article VI Financial Matters, Division 2 Impact Fees, Section 2-262 Required; Chapter 6 Alcoholic Beverages, Section 6-1 Licensing vendors near school or church; standard of measurement; Chapter 18 Businesses, Article II Solicitors, Peddlers and Itinerant Vendors, Division 4 Peddlers and Itinerant Vendors, Section 18-83 Prohibitions; Chapter 34 Environment, Article II Noise, Section 34-21 Loud, disturbing and unnecessary; enumerations, Section 34-32 Business noises in residential sections of the City; Article IV Junked, Wreaked, Abandoned Property, Section 34-91 Definitions, Section 34-95 Prohibition of storage within residential areas, Section 34-96 Removal within 72 hours of notice; service; certificate of notice; Chapter 38 Mobile Homes And Recreational Vehicles, Section 38-4 Parking, storage of recreational 1 ,A CITY OF CLERMONT ORDINANCE No. 2011-03-C vehicles; Chapter 90 Concurrency Management, Article I In General, Section 90-6 Adopted level of service standards; Chapter 118 Vegetation, Article III Trees, Division 1 Generally, Section 118-71 Minimum tree requirements, Division 3 Tree Removal Permit, Section 118-112 Application; Chapter 122 Zoning, Article V Supplementary District Regulations, Section 122- 341 Accessory uses and structures; of the City of Clermont's Code of Ordinances; and 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 City of Clermont Code of Ordinances is hereby amended to read as follows: Chapter 2. ADMINISTRATION ARTICLE VI. FINANCIAL MATTERS DIVISION 2. IMPACT FEES See.2-262 Required Each person who shall apply for a City zoning clearance, of building permit or change of use, shall pay impact fees in the manner and in the amount set forth in this division. Such fees shall be collected and used by the City only in such manner as set forth in this division. If there is a change of use, the highest impact fee shall be adhered to and credit for the less intense use may be credited toward the impact fee. New lower intense uses occupying a building shall not be allowed refunds of impact fees previously paid from a prior more intense use. Chapter 6. ALCOHOLIC BEVERAGES Section 6-1 Licensing vendors near school ask; standard of measurement No license shall be granted to any licensee under this Chapter for the on -site consumption of alcohol where the vendor's or licensee's place of business is within 500 feet of a an school, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the main entrance of the ehafeh and, in a school, to the nearest point of the school grounds in use as part of the school facilities. Within the Central Business Zoning District (CBD), the 500 foot distance to a school shall not apply for a business that sells alcoholic beverages for package or onsite consumption, regardless of which was established first. 2 CITY OF CLERMONT ORDINANCE No. 2011-03-C Chapter 18. BUSINESSES ARTICLE II. SOLICITORS, PEDDLERS AND ITINERANT VENDORS DIVISION 4. PROHIBITIONS Section 18-83 Unlawful activities It is unlawful for any individual solicitor, agent or peddler, including any employee or agent of a charitable organization, as defined in section 12-31(a) to: (1) Enter the premises uninvited of a private residence for the purpose of selling or solicitation orders for goods, wares or merchandise, personal services or information when a "no solicitors" sign is posted. (2) Remain upon any premises after the owner or occupant requests the solicitor to depart. (3) Make uninvited sales calls before 9:00am and after 8:30pm. (4) Approach back or rear doors or the sides or rear of residential premises. (5) Refuse or fail to exhibit his solicitor's permit identification card, if required to possess one, upon request by any law enforcement officer, code enforcement officer or citizen solicited. (6) Refuse or fail to identify lself themselves by name and organization or entity by which he is employed or acting as an agent for, upon request of any law enforcement officer or citizen solicited. (7) Sales within road rit-of-warms. Chapter 34. ENVIRONMENT ARTICLE II. NOISE Section 34-21 Loud, disturbing and unnecessary; enumerations The creation of any unreasonably loud, disturbing and unnecessary noise in the City is prohibited. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive: (1) Blowing horns or signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in 3 CITY OF CLERMONT ORDINANCE No. 2011-03-C motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended, the creation by means of any such signal device of any unreasonably loud or harsh sound, and the sounding of such device for an unnecessary and unreasonable period of time. (2) Building operations. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00am and 6100 8:QOnm Monday through Saturday and 9:00am to 6:09pm on Sunday on weekdays, except in case of urgent necessity in the interest of public safety and then only with the permission of the Planning and Zoning Department. (3) Exhaust discharge. The discharge into the open air of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine, except through a muffler or other device which will effectively prevent loud noises there from. (4) Fireworks. The use of fireworks and other noise -making explosives and devices, unless a written permit is first obtained as provided by law. (5) Hawking and peddling. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood. (6) Keeping of animals. The keeping of any animal or bird, which by causing frequent or loud noise shall disturb the comfort and repose of any person in the vicinity. (7) Loading and unloading operations. The creation of a loud and excessive noise in connection with loading or unloading of any vehicle, trailer or container, or the opening and destruction of bales, boxes, crates and containers. (8) Noises near churches, schools, institutions of learning or hospitals. The creation of any excessive noise on any street adjacent to any church, school or institution of learning while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, provided conspicuous signs are displayed in such streets indicating that the same is a church, school or hospital. (9) Noises to attract attention. The use of any drum, pan, pail, bell, horn, trumpet, loudspeaker or other instrument or device for the purpose of attracting attention or intended to attract attention to any performance, show, sale or display of merchandise, except after obtaining permission from the City. 4 CITY OF CLERMONT ORDINANCE No. 2011-03-C (10) Playing of radio, phonograph or any musical instrument. The playing of any radio, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 11:00pm and 7:00am, as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. (11) Use of vehicles. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise. Sec. 34-32 Business noises in adjacent to residential sections of the City Noises created from nonresidential areas that are adjacent to or spill -over into residential areas shall be prohibited in accordance with the hours listed below. Noises may include but are not limited to the followiniz: The blowing or burning of carbon from cylinders, testing engines, operating machinery or the performing of any kind of work of any nature whatsoever, which produces noises of any kind audible outside of any garage, shop or other place of business located in adjacent to the residential sections of the City between the hours of 9:00pm , between the heufs of 9--00 . and H:00 7:00am on any edw day shall be a violation of seefien 34 " the Code. Truck deliveries shall also be prohibited between the hours of 10:OOpm and 7:00am for the same locations adjacent to residential sections of the City. ARTICLE IV. JUNKED, WREAKED, ABANDONED PROPERTY Sec.34-91 Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Junkyard means any area of land, including structures thereon, that is used or designed to be used for the buying and selling at retail and/or wholesale, and/or storage, or remodeling or reconditioning of old, used or secondhand materials or items of any kind, which among others include cloth, rubber, paper, rubbish, bottles, iron, brass, copper, steel and other metals, furniture and used inoperative motor vehicles or parts thereof, or other like articles, exclusive of or in conjunction with any other use. Residential section means any property now or hereafter zoned under the zoning law of the City as UE, UT, R-IA, R-1, R-2, R-3-A, R-3, or any other zoned area where such property within such zoned area is used for residential purposes. Nonresidential section means any property now or hereafter zoned or under zoning law of the City as 0-1, C-1, C-2, CBD, M-1, CD, or any other zoned area where such property within such zoned area is used for non-residential purposes, to include but not limited to commercial retail, office, industrial, non-profit, or any other similar We uses. 5 CITY OF CLERMONT ORDINANCE No. 2011-03-C Sec. 34-95 Prohibition of storage of certain items within fesidefifial areas No person or business shall keep, store or allow to remain on any property within any residential section of the City any dismantled, partially dismantled, nonoperative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk. For purposes herein, a vehicle that does not have a current and valid Florida Motor Vehicle license tag shall be presumed to be non -operative. Storage of untagged vehicles, boats or similar items shall be allowed if contained within an enclosed structure such as a garage or warehouse. Approved non-residential uses that, as part of the operation of the business have such approved temporary. serge for any of those uses listed above, may continue such use. New businesses after approval of this section shall provide an approved, permitted, and completely opaque screening enclosure. Opaque screening must be approved by the Site Review Committee and be in accordance with the Architectural Standards, permitted and installed for such use. Sec. 34-96 Removal within 72 keufs 5 days of notice; service; certificate of notice No person in charge or control of any property in a residential or non-residential section of the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any dismantled, partially dismantled, non -operative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk to remain on such property longer than 72hattr-s5 days after notice by the City to remove such junk is given to the owner. If the owner is not present, then the notice may be given to any person occupying the property. If it is impractical to give the occupant written notice, then the notice shall be posted upon the property, and the certificate by the Clerk or City Manager of such notice shall be prima facie evidence that the notice was given in the manner certified to by the Clerk or City Manager. No person shall leave any such items on any residential property within the City for a longer time than 72 kettr-s 5 days. Chapter 38. MOBILE HOMES AND RECREATIONAL VEHICLES Sec. 38-4 Parking, and storage of recreational vehicles used r^r slee"^^ ^�^^ OR I Boats, boat trailers, personal utility trailers and recreational vehicles of any kind may be stored and shall be subject to the following restrictions and conditions: 0 CITY OF CLERMONT ORDINANCE No. 2011-03-C (a) In residential districts a boat, boat trailer, personal utility trailer, or recreational vehicle of any kind may be parked on the side or rear of the residential building_ provided it is behind the front line of the building itself (extending_ parallel from the front of the building itself, also known as the building line) or behind the front setback line, whichever is the greater distance from the front lot line or street right-of-way. A boat boat trailer, personal utility trailer, or recreational vehicle of any kind must be at least one foot from any side lot lines and five feet from any rear lot lines. Corner lots are considered to have at least two front yards which cannot be used for parking -or storage of any boat, boat trailer, personal utility trailer, or recreational vehicle of any kind. (c) One boat boat trailer, personal utility trailer, or recreational vehicle of any kind may parked in the front or side yard driveway for a maximum period of 48 hours for loading or unloading_ purposes. Continual parking is not permitted. Any boat boat trailer, personal utility trailer, or recreational vehicle of any kind that are stored cannot extend any higher than the nearest eves of the residence. (e) An occupied residence must be associated with an storage or parking of a boat boat trailer, personal utility trailer, or recreational vehicle of any kind. Vacant lots shall not be utilized for parking or storagey boat, boat trailer, personal utility trailer, or recreational vehicle of any kind. Lo Storage or parking of a boat, boat trailer, personal utility trailer or recreational vehicle of any kind within any street rit-of-wad prohibited. At no time shall a boat, boat trailer, personal utility trailer or recreational vehicle of any kind be resided in while being stored or parked on a residential property. No boat, boat trailer, personal utility trailer, or recreational vehicle of any kind shall be stored on any non-residential property unless the property is expressly approved and developed for such use. CITY OF CLERMONT ORDINANCE No. 2011-03-C Chapter 90. CONCURRENCY MANAGEMENT ARTICLE I. IN GENERAL Section 90-6 Adopted Level of Service Standards (6) Recreation/open space. The standards for recreation/open space are as follows: � 1 111 ' 1 I11 ' I1I ,II 111 � 111 III m. -mu - - 1 1 1 1 111 I11 I11 EWM.TMFiW1TiT1 >I I11 � i 1 1•1 Activity & Resource/Facility Population standard Park Acreage Active/Passive 10 acres ggLL,000 Baseball/Softball Field 1 per 2,000 Basketball Court 1 per 3,600 Football/Soccer Field 1 per 7,000 Equipped Play Area 1 per 3,000 18-hole Golf Course 1 12er 25,000 Recreational Building 1 per 15,000 Racquetball Court 1 per 15,000 Shuffleboard Court 1 per 5,000 Swimming 1 per 35,000 Tennis Court 1 per 2,000 Volleyball Court 1 j2er 6,000 CITY OF CLERMONT ORDINANCE No. 2011-03-C Chapter 118. VEGETATION ARTICLE III. TREES DIVISION 1. GENERALLY Section 118-71 Minimum tree requirements No Certificate of Occupancy shall be issued by the City on the following types of construction unless the underlying parcel has not less than the indicated minimum number of approved trees: (a) General requirements for the number of trees on residential and non-residential development shall be as follows: (1) Any new single-family or duplex dwelling unit on a single lot shall have not less than three trees. (2) Any new multifamily development shall have not less than one tree per unit. (3) Any single commercial, industrial or other structure requiring site plan approval under the zoning regulations, Chapter 122, or the subdivision regulations, Chapter 110, shall provide not less than four trees per acre, with a minimum of four trees. Trees required under Article Il of this Chapter, other than buffer or perimeter trees, may be counted to meet this requirement. Kings Ridge residential lot tree requirements: residential lots located within the Kings Ridge development located east of U.S. Highway 27, west of Hancock Road, north of Hartwood Marsh Road, and south of Sunburst Lane, shall include the provisions as follows, unless covered elsewhere in the Land Development Code: Front yard trees: A minimum of one (1) canopy tree shall be located in the front yard of each residence in accordance with Section 118-36, Plant material. Said tree shall be approved by the Kings Ridge Community Association (a.k.a. Master HOA) or their appointed representative(s). a. Where front vard space is reduced due to development of the lots within a cul-de-sac or pie shaped lots, canopy trees may be substituted with understory trees in order to permit proper growth. Understory trees shall be in accordance with Section 118-36, Plant material, and approved by the Kings Ridge Community Association (a.k.a. Master HOA) or their appointed rgpresentative(s). 0 CITY OF CLERMONT ORDINANCE No. 2011-03-C Rear yard trees: A minimum of one (1) understory or fruit tree shall be located in the rear or side yard of each residence. Due to the plantings on adjacent lots or tracts, the species, location and size of each of these trees shall be approved by the Kings_Rid_ge Community Association (a.k.a. Master HOA) or their appointed representative(s). Permitting and tree removal: The Kings Ridge Community Association (a.k.a. Master HOA) or their appointed representative(s) shall provide written approval to the homeowner for authorized removal and/or replacement of any residential lot canopy trees. Said approval letter shall be submitted to the City Planning & Zoning Dept. to apply for a Tree Removal Permit. Payment for a Tree Removal Permit is required in accordance with City Code. No trees shall be removed until such permittin i�mpleted. DIVISION 3. TREE REMOVAL PERMIT Section 118-112 Application (a) An application for tree removal shall be filed on official forms provided by the City. Completed applications shall be returned to the City along with the following: (1) A tree inventory consisting of a scaled aerial photograph at a scale of one inch equals 100 feet or greater, or drawing at a scale of one inch equals 40 feet or greater, indicating: a. Property boundaries. b. Location of all individual trees of six (6) inches and greater, including the circumference of the tree measured at four and one- half feet above the existing grade and its common name. C. An indication of all trees proposed for removal, including replacement. (2) Reasons for removal of trees. (3) The appropriate permit fee as set by resolution of the City Council and on file in the City Clerk's office. 10 CITY OF CLERMONT ORDINANCE No. 2011-03-C Chapter 122. ZONING ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS Section 122-341 Accessory Uses and Structures (a) Generally. Specific accessory uses and structures shall comply with the regulations in this section. (b) Principal use required. Accessory uses and structures shall: (1) Be customarily incidental to the principal use established on the same lot; (2) Be subordinate to and serve such principal use; (3) Be subordinate in area, extent and purpose to such principal use; and (4) Contribute to the comfort, convenience or necessity of users of such principal use. No accessory structure or use shall be permitted on any lot without an established principal use on the same lot within the applicable zoning district. (c) Additional regulations; prohibited uses and structures. (1) Signs, fences, walls, parking and loading areas, and other such features which are typically located within required yard areas shall comply with the applicable provisions of this land development code for such uses and structures. (2) Any specific accessory use or structure which is not addressed within this Chapter shall not be located on any lot. (d) Maximum size. Unless otherwise described in this Chapter, the minimum permitted size for any structure shall be as outlined in Article III of this Chapter. (e) Conformance with district regulations. No land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the regulations specified in this Chapter for the district in which it is located. (f Storage units. Storage units or structures are designed for the temporary storage of goods, merchandise, household items or products, commercial items or products, appliances, furniture or similar items. CITY OF CLERMONT ORDINANCE No. 2011-03-C 1. Permit required. Whether designed to be portable or permanent, storage units shall not be placed upon property within the City without first obtaining a Zoning Clearance and a Building Permit if one is required for installation as determined by the most current Florida Building Code. 2. Restrictions. Temporary storage units cannot exceed ten (10) feet in height as measured from the ground to the top of the structure. Temporary storage units are restricted to residential side yards, rear yards and driveways. Storage units shall not be placed on any public sidewalk or road right-of-way. Temporary storage units shall not apply to utility trailers which must be in compliance with Section 38-4. 3. Duration. Temporary storage units shall be limited to no longer than 30 days to one property owner, with a maximum of two per calendar year. SECTION 3: Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4: The provisions of this ordinance shall be effective as provided by law. 12 CITY OF CLERMONT ORDINANCE No. 2011-03-C PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28`h day of June, 2011. ATTEST: Tracy Ackroyd, City Clerk CITY OF CLERMONT Harold S. Turville, Jr., Mayor 13 MEMORANDUM City of Clermont To: Planning & Zoning Commission (June 7, 2011) City Council (June 14 & 28, 2011) From: James Hitt, Planning & Zoning Director Date: June 14 & 28, 2011 Subject: Ordinance No. 2011-03-C, Code of Ordinances & Land Development Code — proposed amendments ************************************************************ Attached are 13 amendments (total section numbers) recommend for inclusion into Clermont's Code of Ordinances. Amendment Summary of the following Chapters and Sections: Chapter 2. Administration Article VI. Financial matters Division 2. Impact fees Sec. 2-262. Required Clarifies impact fees for change of uses when a more intense use occupies a building. Chapter 6. Alcoholic beverages Sec. 6-1 Clarifies standard of measurement in the CBD and removes churches from distance requirement (due to continued CUP approvals). Chapter 18. Businesses Article II. Solicitors, peddlers and itinerant vendors Division 4. Prohibitions Sec. 18-83. Unlawful activities (6) — non -gender specific language added (themselves versus himself) (7) — Sales within right-of-ways. (added) Chapter 34. Environment Article II. Noise Sec. 34-21. Loud, disturbing and unnecessary; enumerations (2) — Clarifies hours for Monday -Saturday and Sunday. (7) — adds trailer or container to loading and unloading operations. Sec. 34-32. Business noises adjacent to residential sections of the City. Clarifies those noises adjacent to residential areas and limits hours for deliveries. Article IV. Junked, wreaked, abandoned property Sec. 34-91. Definitions Adds nonresidential section Sec. 34-95. Prohibition of storage of certain items Clarifies tagged/untagged vehicles. Provides for location of those stored items. Sec. 34-96. Removal within 5-days of notice; service; certificate of notice Amends notification from 72 hours to 5-days as directed by City Council. Chapter 38. Mobile homes and recreational vehicles Sec. 38-4. Parking and storage of recreational vehicles Clarifies storage locations of recreational vehicles on lots Chapter 90. Concurrency management Article I. In general Sec. 90-6. Adopted level of service standards (6) — updates the level of service standards for recreation/open space to reflect those within the Comprehensive Plan. Chapter 118. Vegetation Article III. Trees Division 1. Generally Sec. 118-71. Minimum tree standards (a) — residential & non-residential requirements (b) — Kings Ridge residential tree requirements — new section created specifically for trees on residential lots within Kings Ridge. Division 3. Tree removal permit Sec. 118-112. Application Specifies tree inventory sizes to be six (6) inches and greater. Chapter 122. Zoning Article V. Supplementary District Regulations Sec. 122-341. Accessory Uses and structures (0 — add regulations for storage units (`PODS" type containers), locations and duration. \\Cityhall\shares\Planning and Zoning\LDC\Amendments-draft\Ord 2011-03-C MEMO-JH LDC amend P&Z6-7, CC6-14,28-11.doc -2- CITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 6:45 P.M., Tuesday, May 3, 2011 City Hall — 685 W. Montrose Street, Clermont, FL Request for a Meet & Greet between Council Member Rick Van Wagner and Planning & Zoning Commission members.