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08-06-2013 P & Z - Supporting DocumentsCITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, August 6, 2013 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 minutes held July 2, 2013. REPORTS Planning & Zoning Director, Chairman, Commission Members Item 1 — Land Development Code NEW BUSINESS Request for Land Development Code amendments to Chapter 34, Environment, Section 34-65 Exceptions; Chapter 98, Parking and Vehicular Use Areas, Section 98-3, Parking Spaces; Chapter 118 Vegetation, Section 118-2 Definitions; Section 118-35 Maintenance and Pruning; 118-36 Plant Material; Section 118-37 Landscape Buffers; Section 118-38 Vehicular Use Area, Interior Landscaping; and Section 118-71 Minimum Tree Requirements. 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 and Zoning Department at 352-241-7302. Please be advised that if you intend to show any document, picture, video or items to the Council or Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Recording Clerk for the City's records. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday July 2, 2013 at 7:00 p.m. by Chairman Nick Jones. Other members present were Carlos Solis, Harry Mason, Bernadette Dubuss, and Judy Proli. Also in attendance were Barbara Hollerand, Planning and Zoning Director, Curt Henschel, Senior Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held June 4, 2013 were approved as amended. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Poolside Grill APPLICANT: John Wetzel REQUESTED ACTION: A Conditional Use Permit to allow for restaurant in the C-1 Light Commercial zoning district. LOCATION: 101 E. Highway 50 City planner Curt Henschel presented the following staff report: The applicant is proposing to open a new restaurant at 101 East Highway 50 within the Advanced Water Shapes office building. Restaurants are required to obtain a Conditional Use Permit within the C-1 zoning district. The proposed restaurant will occupy one half of the overall building plus the area outside around the display pool. The grill will be located outside in an existing area already set up for demonstration purposes, and a small kitchen will be set up inside the office building. Based on the proposed layout, the restaurant alone will require 12 parking spaces, and the remaining office space requires 4 parking spaces. There are a total of 10 parking spaces approved on the entire site. A variance will be required for 6 parking spaces that cannot be provided for. Staff believes this development is consistent with the uses in the area, however, staff also feels the size of the parcel is too small for the proposed restaurant and office use. Therefore staff recommends denial of the Conditional Use Permit request for a restaurant use on this C-1 zoned parcel. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 2 John Wetzel, 101 E. Highway 50, stated that due to the downturn of the economy, he wants to utilize the extra space in the building. He stated that there is a conference room that is 20 feet by 30 feet with a restroom and small kitchen. He stated that they would like to have a grill outside. He stated that they aren't looking to have a lot of people. He stated that they want to set up a couple of small tables outside and a few booths with a small beer and wine area. Commissioner Solis asked if Mr. Wetzel was able to speak to the owner of the vacant lot to lease the property for additional parking. Mr. Wetzel stated that he is speaking to the owner about using the vacant lot for valet parking. Commissioner Solis asked if the vacant lot would meet code for parking. Mr. Henschel stated that it would help the parking issues, but it wouldn't meet code unless it was paved and had landscape buffers. Commissioner Mason stated that adding beer and a restaurant to a site that also has guns and spas wouldn't be good publicity. City attorney Dan Mantzaris stated that from a publicity perspective, this is not relevant to the application. He stated that as long as the gun shop and pool company are there legally, then it is not an issue. Commissioner Dubuss asked if the proposed layout of the parking is practical for the use. Mr. Henschel stated that they do not meet code. He stated that there are several issues with the parking. Commissioner Proli stated that she has concerns about the smaller parking spaces and having other cars hitting your cars. She asked if he considered renting out office space rather than operating a restaurant. Mr. Wetzel stated he doesn't see any issues with parking. City attorney Dan Mantzaris stated that the parking is not the issue that is before the Board, only the use of the property is being considered. Commissioner Harry Mason moved to recommend denial of the Conditional Use Permit, - seconded by Commissioner Judy Proli. The vote was unanimous to recommend denial for the Conditional Use Permit to City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 3 2. REQUEST FOR SMALL-SCALE AMENDMENT DEVELOPMENT NAME: I01h and Broome Street APPLICANT: Staff REQUESTED ACTION: To change the future land use from Medium -density Residential to Residential/Office. LOCATION: Northeast corner 101h Street and Broome Street Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-12, an administrative small-scale comprehensive plan amendment for the property on the northeast corner of Tenth and Broome Streets. This amendment to the Future Land Use map of the City's comprehensive plan assigns a City future land use of Residential/Office. The City inadvertently changed the future land use of the property to Medium -Density Residential when it rewrote its comprehensive plan in 2009. This property was previously approved for a future land use change from Residential to Residential/ Professional in 2004. This future land use is the equivalent to the Residential/Office future land use that is now part of the rewritten comprehensive plan. It was never City's intention to have the property revert back to residential -only use. If approved by the City Council, the small-scale comprehensive amendment will be submitted to the Florida Department of Economic Opportunity but will not be reviewed. Commissioner Bernadette Dubuss moved to recommend approval of the Small -Scale Comprehensive Plan Amendment; seconded by Commissioner Judy Proli. The vote was unanimous to recommend approval for the Small -Scale Comprehensive Plan Amendment to City Council. 3. REQUEST FOR SMALL-SCALE AMENDMENT DEVELOPMENT NAME: Palm Street APPLICANT: Staff REQUESTED ACTION: To change the future land use from Public Facilities/Institutional to Medium -density Residential. LOCATION: Palm Street located between Second Street and Orange Avenue. Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-13, an administrative small-scale comprehensive plan amendment for the properties along Palm Street between East Avenue and Second Street. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 4 This amendment to the Future Land Use map of the City's comprehensive plan assigns a City future land use of Medium -Density Residential. The City inadvertently changed the future land use of the property to Public Facilities/Institutional when it rewrote its comprehensive plan in 2009. The adjacent public lands along the Lake Minneola waterfront have the Public Facilities/Institutional future land use, but it was never intended to be assigned to the Palm Street residential area to the south. If approved by the City Council, the small-scale comprehensive amendment will be submitted to the Florida Department of Economic Opportunity but will not be reviewed. Commissioner Bernadette Dubuss moved to recommend approval of the Small -Scale Comprehensive Plan Amendment; seconded by Commissioner Judy Proli. The vote was unanimous to recommend approval for the Small -Scale Comprehensive Plan Amendment to City Council. 4. REQUEST FOR SMALL-SCALE AMENDMENT DEVELOPMENT NAME: Highway 50 — Brasher property APPLICANT: Staff REQUESTED ACTION: To change the future land use from Office to Commercial. LOCATION: Vacant lot between Highway 50 and Legends Way Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-14, an administrative small-scale comprehensive plan amendment for the Brasher property on S.R. 50, south of Legends Way, east of Citrus Tower Boulevard. This amendment to the Future Land Use map of the City's comprehensive plan assigns a City future land that is consistent with the commercial zoning already on the 6.48-acre parcel. The property's Office future land use was assigned as part of the City's rewrite of its comprehensive plan in 2009. At that time, the discrepancy between the future land use and the zoning was not evident. The City's objective is to match the zoning and the future land use on this parcel by changing the future land use from Office to Commercial. If approved by the City Council, the small-scale comprehensive amendment will be submitted to the Florida Department of Economic Opportunity but will not be reviewed. Commissioner Bernadette Dubuss moved to recommend approval of the Small -Scale Comprehensive Plan Amendment; seconded by Commissioner Judy Proli. The vote was unanimous to recommend approval for the Small -Scale Comprehensive Plan Amendment to City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 5 5. REQUEST FOR SMALL-SCALE AMENDMENT DEVELOPMENT NAME: Highway 50 — Hospital property APPLICANT: Staff REQUESTED ACTION: To change the future land use from Office to Commercial. LOCATION: Vacant lot between Highway 50 and Legends Way Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-15, an administrative small-scale comprehensive plan amendment for the property owned by South Lake Hospital on S.R. 50, south of Legends Way, east of Citrus Tower Boulevard. This amendment to the Future Land Use map of the City's comprehensive plan assigns a City future land that is consistent with the commercial zoning already on the 3.98-acre parcel. The property's Office future land use was assigned as part of the City's rewrite of its comprehensive plan in 2009. At that time, the discrepancy between the future land use and the zoning was not evident. The City's objective is to match the zoning and the future land use on this parcel by changing the future land use from Office to Commercial. If approved by the City Council, the small-scale comprehensive amendment will be submitted to the Florida Department of Economic Opportunity but will not be reviewed Commissioner Bernadette Dubuss moved to recommend approval of the Small -Scale Comprehensive Plan Amendment; seconded by Commissioner Harry Mason. The vote was unanimous to recommend approval for the Small -Scale Comprehensive Plan Amendment to City Council. 6. REQUEST FOR CHANGE TO THE LAND DEVELOPMENT CODE APPLICANT: Staff REQUESTED ACTION: To amend Chapter 102, Signs, Section 102-8, Prohibited Signs, Exceptions; Chapter 118, Vegetation, Section 118-4, Appeals; and Chapter 122, Zoning, Section 122-343, Fences and Walls. Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-11, which includes updates to three sections of the Land Development Code. These sections— dealing with banner signs, landscape requirements and fences on corner lots —have been the subject of recent variances approved by the City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 6 The changes to Chapter 102 Signs provide additional information on how banner signs can be used by nonprofit entities. It details the size, location and length of time a banner may be displayed. Changes to Chapter 118 Vegetation includes the creation of a waiver to landscaping and tree protection requirements, similar to one recently adopted by Lake County. The change to Chapter 122 Zoning allows six-foot, corner lot fences, provided there are no line -of -sight safety issues. Two requests for variances for six-foot, corner lot fences were approved by the City Council in May and another was approved in April. Commissioner Harry Mason stated that the tree ordinance requiring three canopy trees needs to be changed by administration. Ms. Hollerand stated that those code changes will be brought forward to the Board hopefully in August. Commissioner Dubuss asked if this land development code amendment will impact the ordinance that was adopted for the Kings Ridge Subdivision. City planner Curt Henschel stated that this code will not affect the ordinance that was approved for Kings Ridge Subdivision. Commissioner Solis stated that the sign ordinance needs to change to allow banner signs for commercial businesses to help them. Ms. Hollerand stated that staff can look at that part of the code for possible changes. Commissioner Bernadette Dubuss moved to recommend approval of the Land Development Amendments; seconded by Commissioner Carlos Solis. The vote was unanimous to recommend approval for the Land Development Code Amendments to City Council. There being no further business, the meeting was adjourned at 7:56 pm. Nick Jones, Chairman ATTEST: Rae Chidlow — Administrative Assistant CITY OF CLERMONT AGENDA ITEM Paqe 1 of 1 Council Meeting Date August 13, 2013 Requested Action a (Identify appropriate Action or Motion, Authority or Requirement for item and identify the outcome and/or purpose of item MOTION TO APPROVE ORDINANCE 2013-17 Summary Explanation/Background (The first sentence includes the Department recommendation. Provide a summary of the action that gives an overview of the relevant details for the item Staff recommends approval of Ordinance 2013-17, which includes updates to eight sections of the Land Development Code. These sections address mowing exemptions for parcels greater than three acres; elimination of wheel stop requirements; definitions for excessively pruned, raising and shaping of trees; specifications for palm sizes at planting; provisions to allow landscape buffers to slope up to 4:1; increases in landscape buffer width between abutting properties and buffers adjacent to rights -of -way; and tying tree requirements to lots' available landscape space. Some of the proposed changes, such as the change in slope maximums, are in response to variance requests approved by the City Council. Other proposed changes, such as those addressing tree requirements on residential lots, are intended to update the code to better match the number of required trees to the size of the vailable planting area on a property. Fiscal Impact Fund Number and Description Available Budget Amount N/A N/A N/A Exhibits Attached (copies of original agreements) (Include projected cost, approved budget amount and account number, source of funds, and any future funding requirements) Exhibit 1 — Ordinance 2013-17 Rev. 2/23/2010 • .a, CITY OF CLERMONT ORDINANCE No. 2013-17 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 34 ENVIRONMENT, SECTION 34-65 EXCEPTIONS; CHAPTER 98 PARKING AND VEHICULAR USE AREAS, SECTION 98-3 PARKING SPACES; CHAPTER 118 VEGETATION, SECTION 118-2 DEFINITIONS; SECTION 118-35 MAINTENANCE AND PRUNING; SECTION 118-36 PLANT MATERIAL; SECTION 118-37 LANDSCAPE BUFFERS; SECTION 118-38 VEHICULAR USE AREA, INTERIOR LANDSCAPING; SECTION 118-71 MINIMUM TREE REQUIREMENTS; 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 August 6, 2013 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 34 Environment, Section 34-65 Exceptions; Chapter 98 Parking and Vehicular Use Areas, Section 98-3 Parking Spaces; Chapter 118 Vegetation, Section 118-2 Definitions; Section 118-35 Maintenance and Pruning; 118-36 Plant Material; Section 118-37 Landscape Buffers; Section 118-3 8 Vehicular Use Area, Interior Landscaping; Section 118-71 Minimum Tree Requirements; 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: 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 (note strikethrough indicates removed words and underlined indicates added): CHAPTER 34 ENVIRONMENT Section 34-65 Exceptions; . CITY OF CLERMONT ORDINANCE No. 2013-17 (1) Citrus groves; In considering real property on which there is excessive growth or accumulation of grass, weeds and noxious plants, the city manager shall consider and make allowance for real property set into commercial citrus groves, but each owner shall be required to maintain at least a fire guard of sufficient width to prevent the spreading of fire. However, nothing in this section shall allow an accumulation of grass, weeds, leaves, etc., from one citrus fruit season to another without such accumulation being at least annually worked or turned into the real property by plows, discs, harrows and similar grove cultivation machines. (2) Any contiguous unimproved parcel of land greater than 3 acres is exempt from mowing under the following conditions: (a) A buffer of 50 feet will be required to be maintained from any street, drivewayright-of-way, or an abutting improved parcel. All grass or weeds within that buffer will be maintained below 18 inches. (b) Abutting unimproved parcels will not be required to have a buffer between them. (3) Parcels of land used exclusively for tree farming or other agricultural purposes are only Muired to maintain a buffer from the outer edge of the tree line or crop lines to the abutting, roadway or property line. All grass and weeds within this buffer must be maintained below 18" at all times. (4) The requirement to mow parcels with extreme topographic conditions that make mowing extremely difficult or impossible may be waived at the discretion of the Administrative Official or designee. CHAPTER 98 PARKING AND VEHICULAR USE AREAS Section 98-3 Parking Spaces (a) Size. (1) Standard parking spaces. Standard parking spaces shall consist of a minimum net area of 200 square feet, with a minimum width of ten feet and a minimum length of 20 feet. All standard spaces shall be striped. (2) Compact parking spaces. Compact parking spaces shall be nine feet wide and 17 feet long. All compact spaces shall be double striped. (3) Oversized spaces. Oversized spaces shall be ten feet wide and 35 feet long. All oversized spaces shall be striped. „-. N CITY OF CLERMONT ORDINANCE No. 2013-17 (4) Parking spaces adjacent to landscape buffers without wheel stops may consist of a minimum net area of 180 square feet, with a minimum width of 10 feet and a minimum length of 18 feet. All spaces shall be striped. CHAPTER 118 VEGETATION Section 118-2 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. In construing the provisions of this chapter, where the context will permit, the definitions provided in F.S. § 1.01 shall apply. Excessivey pruned refers to My act such as hatracking, topping, "lollipop i� ng,,, etc. that permanently damages a tree. Raisine means that the lower branches of a tree are removed to provide clearance. Shaping shall refer to the practice of rounding or squaring a tree in order to maintain it at a reduced height or spread. Section 118-35 Maintenance and Pruning Sec. 118-35. Maintenance and pruning. (a) Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All required landscaping shall be maintained in perpetuity. (b) Replacement. All unhealthy and dead plant material shall be replaced within 30 days in conformance with the approved site/landscaping plan for the property or in conformance with the provisions of this chapter if an approved plan is not on file with the city. The size and type of replacement trees shall be as specified in section 118-113(d)(2) and 118- 41. (c) Pruning. Vegetation and trees required by this Code shall only be pruned to maintain health and vigor. Pruning shall be in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. A tree's natural growth habit shall be considered in advance of conflicts which might arise (i.e. view, signage, lighting and similar conflicts). > topping, ete., shall be eensider-ed tme abuse and vie pie of this Cede. Excessively pruned trees, as defined in section 118-2, are 3 CITY OF CLERMONT ORDINANCE No. 2013-17 considered permanently damaged and must be replaced as specified in parajraph (b) of this chapter. (1) Shaping. Trees that are shaped such that more than 1/3 of the existingtree's growth has been removed, are considered permanently damaged and must be replaced. Trees that have less than 1/3 of the tree removed are subject to the discretion of the administrative official. (2) Raising. Trees will not be raised more than 1/3 of their overall height, except for trees that overhang vehicle accessways. Trees overhanging accessways will be raised to a height of 13 feet 6 inches. T"rz;�„ `I 3 o-.cv,. Section 118-36 Plant Material (a) Quality. Plant materials used in conformance with provisions of this article shall meet specifications of Florida No. 1 grade or better, according to the current edition of Grades and Standards for Nursery Plants of the state department of agriculture. (b) Trees. (1) Trees shall be species having an average mature spread of crown of greater than 15 feet and having trunks which can be maintained in clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the trees so as to create the equivalent of 15 feet of crown spread. (2) Canopy tree species shall be container grown in a minimum 65-gallon container. Canopy trees shall be a minimum of three inches in caliper, have a minimum six-foot spread, and be a minimum of 12 feet in overall height immediately after planting. Canopy trees shall meet the standards as specified in section 118-2. The location of trees of any species known to have a root system capable of causing damage to roadways or utilities shall require staff approval. (3) Upon planting, palm trees must have 6 feet clear trunk height as measured from the ground to the base of the heart leaf. (-3)Understory tree species shall be a minimum of eight feet in overall height immediately after planting with a four foot spread, and shall meet the standards as specified in section 118-2 (4)Sixty percent of required canopy trees in parking lots shall be live oak trees. Section 118-37 Landscape Buffers (d) Perimeter landscape buffers between abutting properties. (1) Minimum width. A minimum ten 12-foot wide landscape buffer shall be provided between abutting property boundaries. Said buffer shall be measured perpendicular to the abutting property boundary and shall consist of a maximum ten nez=nt grade. 4t 4 CITY OF CLERMONT ORDINANCE No. 2013-17 (2) Length. The required landscape buffer shall extend along the entire length of the property boundary. (3) Plantings. The landscape buffer shall be planted with three trees per 100 lineal feet or fractional part thereof, two of which shall be canopy trees. Shrubs shall form a continuous three-foot high landscape screen adjoining driveways and parking areas. If industrial, commercial or multifamily is adjacent to a lesser zoning, the buffer shall be planted with shrubs, extending the entire length of the perimeter, in such a manner as to provide opaque screening and shall be properly maintained at a minimum height of six feet. The height of six feet shall normally be reached within two years from planting. Landscaped buffers within 15 feet of the curb or points of ingress or egress shall not exceed three feet in height. (e) Buffers adjacent to rights -of -way for nonresidential uses. (1) Minimum width. A minimum 22 -20 foot wide landscape buffer shall be required along arterial and collector roads, and a minimum 17 4-5-foot-wide buffer shall be required along local streets. Said landscape buffers shall consist of the following: a. A 22 N-foot-wide landscape buffer may consist of a maximum of ten feet usi m ten percent gr-ae an the high side and the 4:1 grade. All 4:1 sloped buffers shall be landscaped and approved by the site review committee. The buffer and sloped portion shall be reviewed and approved for location by the site review committee. b. A 17 4-5-foot-wide landscape buffer may consist of a maximum 4 ton feet , to p0 0 .,t grade o the highb. side ra to remaining v e feet may be sloped to a maximum 4:1 grade. All 4:1 sloped buffers shall be landscaped and approved by the site review committee. The buffer and sloped portion shall be reviewed and approved for location by the site review committee. C. A befim tha4 maintains a height of at least two foot for- at least 40 per-eent of the e fall leng4l, Side slopes of the befm shall be n e te.. site feview eammittee that the tep,,,.«.,phy of the site ; eh that the (f) Buffers along rights -of -way for residential subdivisions and multifamily developments. Within single-family and multifamily residential developments, a buffer shall be provided along the external roadways to reduce noise generated by traffic and create a visual barrier. Plant and/or structural materials shall be properly installed and maintained in perpetuity. All such buffers shall be in a landscape tract that is maintained by a homeowners association. Buffers shall conform to either one of the following specifications: (1) A buffer a minimum of 15 feet wide with a brick, stone or masonry block wall, trees and shrubs. The 15-foot-wide landscape buffer may consist of a maximum of ten feet using a maximum ten o e t grade on the high side and th femaining five f; et ,r be sloped to a mayrinitim 4:1 grade. All 4:1 sloped buffers shall be landscaped and approved by the site review committee. The buffer and 5 CITY OF CLERMONT ORDINANCE No. 2013-17 sloped portion shall be reviewed and approved for location by the site review committee. Wall height shall be as allowed in subsection 122-343(c)(1). One shrub shall be required for every five lineal feet of wall. Shrubs may be clustered in groups of no less than five each, with groups being spaced no further than 50 feet apart. Two canopy trees shall be required for every 100 linear feet of wall, or fractional part thereof. (2) A buffer a minimum of 25 feet in width, consisting of an earthen berm, trees and a continuous hedge. Earthen berms shall be a minimum of three feet in height unless otherwise determined by the site review committee. The combined height of the berm and shrubs shall be a minimum of six feet. The height of six feet shall normally be reached within one year from planting. Three canopy tree and five understory trees shall be planted for each 100 lineal feet of frontage or fractional part thereof. All plant materials utilized shall conform to the plant material specifications of this chapter. (g) Miscellaneous provisions. (1) All property other than the required landscaped buffer lying between the right-of-way and the buffer shall be landscaped with at least lawn grass, as described in section 118-36(g), or other ground cover pursuant to an approved site plan. (2) Commercial or industrial loading platforms and storage areas must also provide buffers to conceal the view of such structures from public streets or public view. Only the opaque shrubbery requirements specified in this subsection are applicable to such uses. (3) The provisions of this subsection may not be applicable in the following situations: a. When a property line abuts a dedicated alley, this subsection may not be applicable. 1. II here ., ed b eft abuts a existing hedge, ,.th • bt� al e is mquired in the bu&f area. Section 118-38 Vehicular Use Area, Interior Landscaping (d) Protection of landscaped areas. (1) Curbing. Terminal islands, interior islands and other landscaped areas adjacent to driveways or susceptible to vehicular turning movements shall be separated from vehicular use by nonmountable reinforced concrete curbing of a type approved by the city. Curbed landscaped areas shall be backfilled to a height of four inches below the back of the curb, except where such backfill would impact an existing tree. Unreinforced extruded curbing shall be prohibited. The width of the curbing shall be excluded from the calculation of the minimum dimensions of all required landscaped areas. CITY OF CLERMONT ORDINANCE No. 2013-17 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. All required landscaping is to be maintained in perpetuity. (1) General requirements for the number of trees on residential and nonresidential development shall be as follows: A. A.Aa—yq—jeW Single family or- duple* dwelling tmit en a sin& lot sM1 net. Any new single-family or duplex dwelling unit on a single lot shall have at least the following minimum number of approved trees. Trees shall be from the preferred canopy and understory tree list. 1. Lots with less than 2500 sauare feet of landscape space: 1 canopy tree and 1 understory tree 2. Lots between 2500-4000 square feet of landscape space: 2 canopy trees, or 1 canopy tree and 2 grouped Palm trees 3. Lots with 4000 square feet or more of landscape space: 3 canopy trees, or 2 canopy trees and 2 grouped palm trees b. No required canopy tree may be planted within 6 feet of the primary 6R:. -t, k\ structure, sidewalk, street, or the property line on a single-family lot. c. For existing_ properties that have 3 canopy trees but mgy qualify for a reduction in the number of required trees, the criteria inparagraph a. above will apply. A tree removal permit must be obtained prior to removal of any canopy trees. bd. Any new multifamily development shall have not less than one tree per unit. eg. 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 II of this chapter, other than buffer or perimeter trees, may be counted to meet this requirement. 7 CITY OF CLERMONT ORDINANCE No. 2013-17 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. CITY OF CLERMONT ORDINANCE No. 2013-17 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 27`h day of August, 2013. ATTEST: Tracy Ackroyd, City Clerk Approved as to form and legality: Daniel F. Mantzaris, City Attorney AiftZeTaue-K-09&CC ill I Harold S. Turville, Jr., Mayor 0