02-05-2013 P & Z - Supporting DocumentsCITY OF CLERMONT
PLANNING AND ZONING COMMISSION AGENDA
7:00 P.M., Tuesday, February 5, 2013
City Hall — 685 W. Montrose Street, Clermont, FL
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
INTRODUCTION OF NEW BOARD MEMBERS
Gail Ash, Harry Mason, and Carlos Solis
MINUTES
Approval of the Planning and Zoning Commission Meeting minutes held January 3, 2013.
REPORTS
Planning & Zoning Director, Chairman, Commission Members
NEW BUSINESS
Item 1 — Capital Improvements Eleme sRllli
Request to amend the Capital Improvements
Comprehensive Plan Amendment VElement of the comprehensive plan.
Item 2 — Land Development Code
To amend the Code of Ordinances,
amending Chapter 98 Parking and Vehicular
Use Areas, creating a new section 98-16
Bicycle Parking Space Requirement,
Chapter 102 Signs, Section 102-2
Definitions, Section 102-7 Exempt Signs,
Section 102-15 Permitted Signs, Chapter
118 Vegetation, Article II Landscaping,
Section 118-36 Plant Material, Section 118-
37 Landscape Buffers, Chapter 122 Zoning,
Division 10, C-1 Light Commercial District,
Section 122-203 Permitted Uses, Section
122-204 Conditional Uses, Section 122-206
Yards, Chapter 122, Division 11, C-2
General Commercial District, Section 122-
223 Permitted Uses, Section 122-224
Conditional Uses, Section 122-226 Yards.
Nomination of Chair and Vice -Chair for 2013
Discussion of Non -Agenda Items
{' CITY OF CLERMONT
PLANNING AND ZONING COMMISSION AGENDA
7:00 P.M., Tuesday, February 5, 2013
City Hall — 685 W. Montrose Street, Clermont, FL
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.
Is
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 3, 2013
Page 1
The meeting of the Planning & Zoning Commission was called to order Thursday January 3,
2013 at 7:00 p.m. by Vice -Chair Nick Jones. Other members present were Rob Boyatt, Burnadett
Dubuss, William Henning, Nick Jones, Judy Proli, and Raymond Loyko. Also in attendance
were Jim Hitt, Planning and Zoning Director, Curt Henschel, City Planner, Dan Mantzaris, City
Attorney, and Rae Chidlow, Administrative Assistant.
MINUTES of the Planning and Zoning Commission meeting held December 4, 2012 were
approved.
REPORTS
No Reports
1. REQUEST FOR CONDITIONAL USE PERMIT
DEVELOPMENT NAME:
Woodwinds Condos
OWNER/APPLICANT:
Charles Sharkus, Jr.
REQUESTED ACTION:
A Conditional Use Permit for a Planned Unit Development for a
proposed 108 unit condominium development
SIZE OF PARCEL:
10 acres
GENERAL LOCATION:
East side of Grand Hwy. '/ mile south of Citrus Tower Blvd.
EXISTING ZONING:
R-3, Residential/ Professional District
EXISTING LAND USE:
Vacant
FUTURE LAND USE:
High Density Residential (up to 12 du/ac)
Planning and Zoning Director Jim Hitt presented the Staff report as follows:
The request is to allow a multi -family residential Planned Unit Development at a density of 10.8
units/acre. The applicant is proposing to build up to 108 upscale multi -story condos, including
some with basement garages.
This same Conditional Use Permit request was previously approved on August 22, 2006 (Res.
No. 1475); September 23, 2008 (Res. No. 1592); and, October 26, 2010 (Res. No. 2010-23).
Because of market conditions, the owner has not started construction within the required two
years and each Conditional Use Permit was rendered void. The owner wishes to retain their
development rights associated with approval of the Conditional Use Permit and variances.
By establishing a Planned Unit Development within the High Density Residential future land use
district, the developer is able to request a maximum density of 12 units per acre. With the
heavily sloped parcel the applicant is proposing to construct 9 residential buildings yielding a
10.8 unit acre maximum density. The proposed buildings will be terraced to cope with the
topography of the parcel.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 3, 2013
Page 2
There are two variances associated with the proposed project.
1) Parking stall size (9' X 18' within garage area under each building)
2) Building height to exceed 45 feet.
Because of the density provided by the Future Land Use, and the proximity of the surrounding
neighborhoods to the south (North Ridge) and the east (the Fountain Apartments), staff
recommends approval of the conditional use permit request.
Charles Sharkus, 541 S. Trail, Stuart, stated that the difference in the height is to accommodate
the residential roof so the actual structure does not exceed it. He stated that the property is
heavily sloped so the buildings are designed to be built into the slope so the height will be higher
on one side. He stated that the reduction in the size of parking stalls is to accommodate as much
enclosed parking underneath the building to keep the resident's vehicles out of the weather.
Commissioner Loyko asked whether there would be a senior section within this development.
Mr. Hitt stated that under Section 2, allowing the project 80 units without litigation to the student
generation. He stated that the additional 28 units will have to be built by litigating with the
school board or it can be age restricted.
Vice -chair Jones asked if there would be 2 bedrooms, 3 bedrooms, or a mix of the two.
Mr. Sharkus stated that they have not decided on how many bedrooms for each unit at this time.
Commissioner Dubuss moved to recommend approval of the conditional use permit to City
Council; seconded by Commissioner Boyatt. The vote was unanimous to recommend approval
for the conditional use permit to City Council.
2. REQUEST FOR CONDITIONAL USE PERMIT
REQUEST: Request a Conditional Use Permit to allow an automobile repair center within a
C-2 General Commercial Zoning District
PROJECT NAME: Christian Brothers Automotive
OWNER: Hancock Commons, LLC
APPLICANT: Belair Development
LOCATION: Hancock Commons Development on Highway 50 (Lot 3 east portion)
PARCEL SIZE: 1 acre +/-
FUTURE LAND USE: Commercial
EXISTING LAND USE: Vacant outparcel
EXISTING ZONING: C-2, General Commercial District
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 3, 2013
Page 3
City Planner Curt Henschel presented the Staff report as follows:
The applicant is requesting a Conditional Use Permit for an automotive repair center. The
proposal is to construct a new 5,200 square foot repair center with 9 bays for service, a sales
office, and inventory area for parts. As the site plan indicates, the bays will face west and not
Highway 50.
The C-2 zoning allows for a wide variety of uses but the proposed use requires a Conditional Use
Permit. The applicant is not requesting to perform any major repairs such as engine and
transmission replacement or body repairs. All proposed automotive work will be done within the
walls of the building.
There is one variances associated with the proposed project.
1) Reduction of required parking (form 42 required spaces to 31 spaces)
Staff believes this development is consistent with the uses in the area and recommends approval
of the Conditional Use Permit request for an automobile tire center.
David Goree, 738 32"d Ave., St. Petersburg, stated that this is an upscale automotive repair
center. He stated that their clientele is geared more towards maintenance and repair on higher
end automobiles. He stated that the company model and customer base is to provide Christian
single women a secure and safe facility to take their automobiles. He stated that they find that
Christian single women do not want to go to the typical garage to have their vehicles worked on.
Commissioner Boyatt asked how many employees.
Mr. Goree stated that they typically have an office manager and 5 employees so on a normal day
there will be 6 employees.
Commissioner Boyatt stated that with 6 employees that will reduce the parking spaces to 25. He
stated that there is another facility similar to this one who is stacking vehicles on the service
roads and it's not fair to others.
City Attorney Dan Mantzaris stated that the parking issue will be heard by the City Council but
their comments will be forwarded to the Council.
Commissioner Loyko stated that the parking is a concern for him as well. He asked if there was
another automotive facility opening in the same area.
Mr. Henschel stated that there is a Tires Plus going in 2 lots west of this location.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 3, 2013
Page 4
Mr. Goree stated that this has been brought to his client's attention and they do not feel it will
affect their business because they will not be doing tires.
Vice -chair Nick Jones asked if this was a chain store.
Mr. Goree stated that it is a chain automotive store.
Commissioner Loyko stated that he has a concern of the number of the same types of businesses
in this vicinity.
Commissioner Dubuss moved to recommend approval of the conditional use permit to City
Council; seconded by Commissioner Henning. The vote was 4-2 to recommend approval for the
conditional use permit to City Council, with Commissioner Loyko and Proli opposing.
Vice -chair Jones stated that Florida Department of Transportation is in the process of wanting to
close south bound traffic on Highway 27 to Highland Avenue. He stated that he feels this will
have a negative impact to property owners who own property on or adjacent to Highland
Avenue. He stated that he has prepared a statement requesting to allow access from southbound
Highway 27 onto Highland Avenue limited to a right turn only, that he would like to forward to
FDOT with the approval of the Commission.
Commissioner Dubuss moved to recommend the chair send a letter to FDOT, seconded by
Commissioner Boyatt. The vote was unanimous to recommend the chair to send a letter to
FDOT.
There being no further business, the meeting was adjourned at 7:54 pm.
Nick Jones, Vice -Chairman
ATTEST:
Rae Chidlow — Administrative Assistant
CITY OF CLERMONT
ORDINANCE No. 2013-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
COMPREHENSIVE PLAN OF THE CITY OF CLERMONT, FLORIDA,
PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE
PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY
ADOPTING TEXT CHANGES TO THE GOALS, OBJECTIVES AND
POLICIES OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE
COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR
ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENTS;
SETTING FORTH THE PURPOSE AND INTENT OF THE
COMPREHENSIVE PLAN AMENDMENTS; ESTABLISHING THE
LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS;
PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE
DATE.
WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City
of Clermont on August 13, 1991, in accordance with the Local Government Planning and Land
Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and
WHEREAS, the Comprehensive Plan of the City of Clermont may be amended pursuant
to Florida Statutes s. 163.3187; and
WHEREAS, the Planning and Zoning Commission, acting as the Local Planning
Agency, held a public hearing February 5, 2013 and made recommendations to the City Council
for amendments to the plan; and
WHEREAS, the City Council of the City of Clermont held public hearings February 12,
2013 and February 26, 2013 on the proposed amendments to the plan in light of written
comments, proposals and objections from the general public;
NOW, THEREFORE, BE IT ORDAINED and enacted by the City Council of the City
of Clermont, Florida that:
Section 1.
After public hearings held by the City of Clermont Local Planning Agency and the Clermont
City Council, the Capital Improvements Element is hereby amended as shown in Exhibit A.
1
CITY OF CLERMONT
ORDINANCE No. 2013-02
Section 2.
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.
Section 3.
All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are
hereby repealed.
Section 4.
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.
K
CITY OF CLERMONT
ORDINANCE No. 2013-02
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 26 h day of February, 2013.
CITY OF CLERMONT
Harold S. Turville, Jr., Mayor
ATTEST:
Tracy Ackroyd, City Clerk
Approved as to form and legality:
Daniel F. Mantzaris, City Attorney
�c
CITY OF CLERMONT
COMPREHENSIVE PLAN
CHAPTER XI II
CAPITAL IMPROVEMENTS ELEMENT
Adopted June 23, 2009
Amended Nov. 24, 2009
Amended Jan. 11, 2011
Amended Jan. 24, 2012
Amended Feb. 26, 2013
THIS PAGE INTENTIONALLY LEFT BLANK
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
CHAPTER XI I
CAPITAL IMPROVEMENTS
GOAL 1: Through the use of sound fiscal policies and the adoption of a financially
feasible Five -Year Schedule of Capital Improvements, the City shall ensure the timely and
efficient provision of public facilities for all existing and future development.
Objective 1.1: Capital Facilities Needs. The Capital Improvements Element shall be updated
annually to meet the City's existing and projected needs for the construction of capital facilities
necessary to meet existing deficiencies, to accommodate desired future growth and to replace
obsolete or worn-out facilities.
Policy 1.1.1: The implementation of the Capital Improvements
Element shall be monitored annually during the City's budget process.
Policy 1.1.2: Capital improvements identified and proposed within each
individual element of the comprehensive plan shall be consistent with those proposed in
the Five -Year Schedule of Capital Improvements. Sources of revenue identified within the
Capital Improvements Element shall provide direction in expenditures for capital
improvements.
Policy 1.1.3: The City's debt service shall not exceed 20 percent of
annually budgeted revenues.
Policy 1.1.4: The City shall reserve enterprise fund surpluses, unless
otherwise indicated, for major capital expenditures.
Policy 1.1.5: Efforts shall be made to secure grants or private funds
whenever available to implement the Capital Improvements Element.
Policy 1.1.6: The City shall continue to require collection and utilization
of a proportion of impact fees under the auspices of Lake County, and to develop, adopt
and implement City impact fees for the purpose of subsidizing the costs of public facility
improvements.
Objective 1.2: Concurrency Management. The City shall implement the Concurrency
Management System adopted in the City's Land Development Code, which is consistent with
sections 163.3177 and 163.3180, F.S. and the minimum requirements for concurrency established in
Rule 9J-5.0055 (3), F.A.C. (included as Appendix A of this element), to manage the land
development process so that public facility needs created by previously issued development orders
or future development do not exceed the City's ability to fund and provide needed capital
improvements.
Policy 1.2.1: The concurrency evaluation system shall measure the potential impact of
any development proposal on the established minimum acceptable level of service (LOS)
standards for sanitary sewer, solid waste, stormwater, potable water, parks and recreation
and transportation facilities, unless the development is exempt from the review
requirements of the Concurrency Management System.
Ordinance #2013-02 Amended Feb. 26, 2013
XIII-1
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Policy 1.2.2: No development permit or order shall be issued unless
adequate public facilities are available to serve the proposed development as determined by
the concurrency evaluation in the adopted Concurrenly Management System.
Policy 1.2.3: The City shall require all public and private capital facilities
to provide service at the LOS standards adopted in this comprehensive plan for previously
vested, existing and future permitted development. These capital facilities shall be provided
concurrently with the impacts of development based on the minimum requirements in the
City's adopted Concurrency Management System.
Policy L2A The City hereby adopts the following minimum level of
service (LOS) standards, which must be retained in reviewing the impacts of new
development and development on public facilities:
• The LOS standard for Roadways shall be as follows:
o "C" for US 27/SR 25, which is a strategic intermodal system (SIS)
o "D" for SR 50
o "D" for all minor arterials and collectors
• The LOS standard for Sanitary Sewer is 70 gallons per capita per day at peak flow rate.
• The LOS standard for Solid Waste is 6.63 pounds per capita per day.
• The LOS standard for Potable Water is 185 gallons per capita per day.
• The LOS standard for Recreation and Open Space is 10 acres per 1,000 residents.
• The LOS standards for Stormwater Management facilities developed within the City are
as follows:
The level of service for Public Scbools shall be set at 100 percent of Florida. Inventory
of School Houses (FISH) permanent capacity. In instances where the CORE
(dining) capacity is greater than the FISH permanent capacity, the school capacity
shall then be increased to that of the CORE (dining) capacity and the LOS standard
maintained at 100 percent of the school capacity. In no instance shall the school
capacity increase more than 125 percent due to additional CORE (dining) capacity.
Coordination with the Lake County School Board's Five -Year District Facilities
Work Plan, the plans of other local governments, and as necessary, updates to the
concurrency service area map is required to ensure that the adopted LOS standards
for concurrency service areas will be achieved and maintained.
Policy 1.2.5: The City shall monitor the availability of public facilities and services
through: 1) the maintenance of a cumulative record of the LOS allocations permitted by the
approval of development orders relative to the operating LOS for the applicable public facilities
and services for which LOS standards have been established; the maintenance of a record of
all applicable public facility and service capacities that have been reserved as a result of
Ordinance #2015-02 Amended Feb. 26, 2013
XIII-2
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
approved capacity reservation; and the preparation of an annual report concerning the
status of all LOS and capacities.
Objective 1.3: New Development. The City shall ensure that new developments share a
proportionate share of the costs required to maintain adopted LOS standards through the
assessment of impact fees or developer contributions, dedications and/or construction of capital
facilities necessary to serve new development as required in other elements of this plan.
Policy 1.3.1: New development shall be responsible for installing all internal water and
sewer systems, traffic circulation systems and internal recreation/open space facilities within
the development. In addition, connections of internal systems to the City's designated
water and sewer systems and traffic circulation network shall be the financial responsibility
of the developer.
Policy 1.3.2: All development order applications shall be evaluated as to
the impact of the development on capital facilities and the operation and maintenance of
those facilities. The evaluation shall include, but not be limited to, the following:
• Expected capital costs, including the installation of required new facilities that are
related to the development.
• Expected operation and maintenance costs associated with the new facilities required
by the development.
• Anticipated revenues from the development, including impact fees, user fees and
future taxes.
Policy 1.3.3: The land development regulations shall continue to require
land dedication, payment -in -lieu -of -dedication or other forms of impact exaction as a
requirement of land development to secure easements for utility and traffic circulation
systems.
Policy 1.3.4: The City, through adoption and implementation of land
development regulations, comprehensive plan goals, objectives and policies, impact fees,
other impact exactions, implementation of the annual budget and five-year capital
improvements schedule, shall ensure the availability of public facilities and services
concurrent with the impacts of development. Development shall not be approved unless
the necessary infrastructure items and services are available subsequent to plan adoption.
Policy 1.3.5: The City shall continue to participate with Lake County
and the Lake -Sumter Metropolitan Planning Organization WO) in the transportation
impact fee program or shall adopt and implement a schedule of City impact fees to ensure
that new development provides a pro rata share of the costs required to finance public
facility improvements necessitated by such development.
Policy 1.3.6: When applicable, the City may require a developer to execute a development
agreement and/or develop a proposed project in phases to ensure the timely and
appropriate installation of needed capital facilities to service new development. Such
agreements will be executed under the City's constitutional home rule power and will follow
the procedures set forth in Chapter 163.3220, Florida Statutes.
Ordinance #2013-02 Amended Feb. 26, 201 3
XIII-3
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Objective 1.4: Evaluation of Capital Projects. The City's capital projects shall be evaluated to
determine if they meet prioritization criteria and consistency with adopted level of service standards
and/or public need.
Policy 1.4.1: The City's finance director shall prepare a Five -Year Capital Improvement
Program annually along with the City's annual budget, which shall address all capital needs
of the City.
Policy 1.4.2: As part of the annual budgeting process, the City Council, city manager and
department directors shall participate in a capital facilities planning process to evaluate and
rank projects proposed for inclusion in the Five -Year Schedule of Capital Improvements,
based on the following criteria:
• Whether the project is needed to protect the public health and safety, fulfill the
City's legal commitment to provide facilities and services or preserve or achieve frill
use of existing facilities.
• Whether the project increases efficiency or use of existing facilities, prevents or
reduces future improvement costs, provides service to developed areas lacking full
service or promotes infill development.
• Whether the project represents a logical extension of facilities and service from the
City to the Lake County/Clermont Joint Planning Area, or is compatible with
applicable plans of state agencies or that may provide public facilities within the
City's jurisdiction.
• Whether the project is coordinated with major projects of other state agencies and
adjacent jurisdictions.
• Whether the project implements the policies of the comprehensive plan pertaining to
concurrency requirements.
• Whether the project is financially feasible.
Policy 1.4.3: Requests for capital projects shall be evaluated on their impact on the City
budget and the financial feasibility of the project based on the following criteria:
• The finance director shall determine if the capital project can be funded from
existing cash, future revenues or through borrowing. In addition, the finance
director shall assign revenue sources to fund the project.
• The Finance Director shall prepare a report evaluating the funding options, the
effect of the improvement on future revenues and the effect of the improvement on
operation and maintenance costs.
Objective 1.5: Debt Management. The City shall adopt policies and procedures which address
the management and utilization of debt for capital project financing.The City will use line -of -credit
borrowing or bond anticipation notes for specific construction projects and shall issue revenue -
pledged debt at the completion of construction only if current funds are not adequate to pay for
construction.
Policy 1.5.1: The use of revenue bonds as a debt instrument shall be evaluated based on
the following criteria:
• Debt will not be issued to finance normal repairs and maintenance.
Ordinance #2013-02
XIIl4
Amended Feb. 26, 2013
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
• Debt can be issued to make renovations, updates, modernizations and rehabilitations
provided that the expenditures extend the useful life of the capital asset.
• The maximum ratio of total debt service (principal and interest) to total revenue shall
be that percentage deemed most beneficial to the City as determined by the City's
financial advisors and its bond counsel based upon criteria set by the rating agencies
and credit enhancement organizations.
• The impact of principal and interest revenue bond payments on the operation and
maintenance of the affected utility and/or department will not require deferring the
current maintenance of existing infrastructure.
• The impact of bond covenants and restrictions on the City's method of accounting
for depreciation shall be evaluated, as well as the impact of any reserve account
restrictions on the operation and maintenance of the affected utility and/or
department.
• Cash restricted due to bond and grant covenants will be budgeted in accordance with
the terms of the covenants.
• Capitalized repairs of existing infrastructure will be paid from funds restricted by
debt covenants and current revenues. Debt will not be issued to finance capitalized
repairs.
Policy 1.5.2: The use of tax revenues as a pledge for the repayment of debt shall be
evaluated based on the following criteria:
• A five-year projection of revenues from all taxes shall be prepared and updated
annually as a part of the City's budget process. An analysis of historic and future
trends in the tax revenue stream will be a part of the projection process.
• At the time of issuance of new debt, a review shall be conducted to ensure that the
maximum amount of general government debt shall not exceed 20 percent of the
City's annually budgeted revenues.
Policy 1.5.3: The City may use long-term capital lease payments on lease purchases for
capital projects identified within this element, provided adequate debt service requirements
are provided.
Objective 1.6: Schedule of Capital Improvements. In order to maintain adopted LOS
standards, the City shall coordinate land use decisions and available or projected fiscal resources to
correct existing deficiencies identified in the comprehensive plan, accommodate desired future
growth and replace worn out or obsolete facilities through the annual adoption of a Five -Year
Schedule of Capital Improvements.
Policy 1.6.L• Capital projects included in the Five -Year Schedule of Capital
Improvements shall be defined as those projects identified within the comprehensive plan
that are necessary to maintain adopted LOS standards including increasing the capacity or
efficiency of existing facilities and/or replacing failing facilities.
Policy 1.6.2: The City of Clermont adopts by reference the Five -Year Facilities Master
Plan FY 2nzvz4 2045 2013-2017 as formally adopted by the Lake County School Board on
September 42, 204 4 10, 2012, and as amended, into the City's Five -Year Schedule of Capital
Improvements. (mended Nov. 24, 2009, Ord. 616-ft amended Jon. 11, 2011, Ord. 2011-01-Al; amended Jan. 14, 2011, Ord. 2011-03-M)
Ordinance #2013-02 Amended Feb. 26, 2013
XIII-5
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Policy 1.6.3: The City hereby adopts the Five -Year Schedule of Capital Improvements
included as Appendix B of this element, which will be updated on an annual basis.
Ordinance #2013-02 1 mended I�eh. 26, 2013
XI11-6
CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
THIS PAGE INTENTIONALLY LEFT BLANK
Ordinance #2013-02 Amended Feb. 26, 2013
XIII-7
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Appendix A
Rule 9J-5.0055, F.A.C., Concurrency Management System
(3) MINIMUM REQUIREMENTS FOR CONCURRENCY. Every jurisdiction shall maintain
a concurrency management system to ensure that public facilities and services to support
development are available concurrent with the impact of development, consistent with the
provisions of this Chapter.
(a) For sanitary sewer, solid waste, drainage, and potable water facilities, at a minimum, a local
government shall meet the following standards to satisfy the concurrency requirements:
1. A development order or permit is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services
are in place and available to serve the new development; or
2. At the time the development order or permit is issued, the necessary facilities and services are
guaranteed in an enforceable development agreement, pursuant to Section 163.3220, F.S., or an
agreement or development order issued pursuant to Chapter 380, F.S., to be in place and available to
serve new development at the time of the issuance of a certificate of occupancy or its functional
equivalent. [Section 163.3180(2)(a), F.S.]
(b) For parks and recreation facilities, at a minimum, a local government shall meet the following
standards to satisfy the concurrency requirement:
1. At the time the development order or permit is issued, the necessary facilities and services are
in place or under actual construction; or
2. A development order or permit is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary
facilities and services to serve the new development is dedicated or acquired by the local
government, or funds in the amount of the developer's fair share are committed; and
a. A development order or permit is issued subject to the conditions that the necessary facilities
and services needed to serve the new development are scheduled to be in place or under actual
construction not more than one year after issuance of a certificate of occupancy or its functional
equivalent as provided in the adopted local government 5-year schedule of capital improvements; or
b. At the time the development order or permit is issued, the necessary facilities and services are
the subject of a binding executed agreement which requires the necessary facilities and services to
serve the new development to be in place or under actual construction not more than one year after
issuance of a certificate of occupancy or its functional equivalent; or
c. At the time the development order or permit is issued, the necessary facilities and services are
guaranteed in an enforceable development agreement, pursuant to Section 163.3220, F.S., or an
agreement or development order issued pursuant to Chapter 380, F.S., to be in place or under actual
construction not more than one year after issuance of a certificate of occupancy or its functional
equivalent. [Section 163.3180(2)(b), F.S.]
(c) For transportation facilities (roads and mass transit designated in the adopted local
government comprehensive plan), at a minimum, a local government shall meet the following
standards to satisfy the concurrency requirement, except as otherwise provided in subsections (4)-(7)
of this section.
Ordinance #2013-02 Amended Feb. 26, 2013
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CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
1. At the time a development order or permit is issued, the necessary facilities and services are in
place or under construction; or
2. A development order or permit is issued subject to the conditions that the necessary facilities
and services needed to serve the new development are scheduled to be in place or under actual
construction not more than three years after issuance of a certificate of occupancy or its functional
equivalent as provided in the adopted local government five-year schedule of capital improvements.
The schedule of capital improvements may recognize and include transportation projects included in
the first three years of the applicable, adopted Florida Department of Transportation five year work
program. The Capital Improvements Element must include the following policies:
a. The estimated date of commencement of actual construction and the estimated date of project
completion.
b. A provision that a plan amendment is required to eliminate, defer, or delay construction of
any road or mass transit facility or service which is needed to maintain the adopted level of service
standard and which is listed in the five-year schedule of capital improvements; or
3. At the time a development order or permit is issued, the necessary facilities and services are
the subject of a binding executed agreement which requires the necessary facilities and services to
serve the new development to be in place or under actual construction no more than three years
after the issuance of a certificate of occupancy or its functional equivalent; or
4. At the time a development order or permit is issued, the necessary facilities and services are
guaranteed in an enforceable development agreement, pursuant to Section 163.3220, F.S., or an
agreement or development order issued pursuant to Chapter 380, F.S., to be in place or under actual
construction not more than three years after issuance of a certificate of occupancy or its functional
equivalent. [Section 163.3180(2)(c), F.S.]
5. For the purpose of issuing a development order or permit, a proposed urban redevelopment
project located within a defined and mapped Existing Urban Service Area as established in the local
government comprehensive plan pursuant to Section 163.3164(29), F.S., shall not be subject to the
concurrency requirements of subparagraphs 9J-5.0055(3)(c)1.-4., F.A.C., of this chapter for up to
110 percent of the transportation impact generated by the previously existing development. For the
purposes of this provision, a previously existing development is the actual previous built use which
was occupied and active within a time period established in the local government comprehensive
plan. [Section 163.3180(8), F.S.]
6. For the purpose of issuing a development order or permit, a proposed development may be
deemed to have a de minimis impact and may not be subject to the concurrency requirements of
subparagraphs 9J-5.0055(3)(c)1.-4., F.A.C., only if all of the conditions specified in subsection
163.3180(6), F.S., are met. [Section 163.3180(6), F.S.]
7. A development order or permit within a designated multimodal transportation district may be
issued provided the planned community design capital improvements are included in a financially
feasible long range schedule of improvements for the development or redevelopment time -frame for
the district, without regard to the period of time between development or redevelopment and the
scheduled construction of the capital improvements as specified in Section 163.3180(15)(c), F.S.
(d) For school facilities, a local government shall meet the following minimum standards to
satisfy the concurrency requirement:
Ordinance #2013-02 Amended Feb. 26, 2013
A-2
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
1. For district -wide concurrency service areas:
a. At the time the residential development order or permit is issued, the necessary facilities and
services are in place or under construction; or
b. A residential development order or permit is issued subject to the conditions that the
necessary facilities and services needed to serve the new development are scheduled to be in place or
under construction not more than 3 years after permit issuance as provided in the adopted public
school facilities program.
2. For less than district -wide concurrency service areas: If public school concurrency is applied
on less than a district -wide basis in the form of concurrency service areas, a residential development
order or permit shall be issued only if the needed capacity for the particular service area is available
in one or more contiguous service areas and school capacity is available district -wide as defined in
Section 163.3180(13)(e), F.S.
Or&xance #2013-02 Amended Feb. 26, 2013
A-3
CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
THIS PAGE INTENTIONALLY LEFT BLANK
Ordinance #2013-02 Amended Feb. 26, 2013
A-4
CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
Appendix B
City of Clermont Five -Year Schedule of Capital Improvements, FY 2012-13 to 2016-17 (amended Feb. 26, 2013, Ord 2013-02)
STORMWATER :�1ANAGEbiENT
SW-1 Stormwater Retrofit Projects (ongoing
upgrades to stormwater conveyance systems and
Stormwater Utility Fees and Grant
$500;000
$500,000
$500,000
$500,000
S500,000
$500,000
water quality projects)
POTABLE WATER
PW-1 Water Main Extension (ongoing project
extending water mains to complete loops in the
system, primarily on the east side system, and
Water Impact Fees
$500;000
$500,000
$500,000
$500,000
$500,000
$500,000
improve sVstem hydraulics and reliability)
PW-2 West -Side Water Treatment Plant
(construct 1-million gallon storage tank, a bank of
Utility Fees
85100;000
$5,100,000
$4,800,000
0
0
0
high -service pumps, a disinfection system, a new
potable
PW-3 Water Main Replacements (ongoing
replacement of older water mains to improve system
Water Fund Operating Budget
S200,0w
$200,000
$200,000
$200,000
$200,000
20$ 0X00
hydraulics and waterquality)
PW-4 Alternative Potable Water Source (funding
is for planning/design. Construction on the regional
Utility Fees and Water Impact Fees
92-5,000
$500,000
$500,000
$500,000
0
0
project- is not expected to begin until 2015
SANITARY SEWER
SS-1 Supplemental Irrigation System Well
(construct groundwater well to supplement
reclaimed water supply during peak demand to area
Utility Fees
S9 5,000
$500,000
$500,000
0
0
0
north of SR 50 and shift demand from potable
stem to reclaimed waters stem
SS-2 Reclaimed Water System Expansion
(expansion includes piping extensions to deliver
reclaimed water to developments plumbed to accept
reclaimed water north and south of SR 50 and shift
Sewer Impact Fees and Utility Fees
$500'000
$500,000
$500,000
$500,000
S500,000
$500,000
demand from potable system to reclaimed water
syst-)
SS-3 East Water Reclamation Facility
Collection System Expansion (on -going project as
new developments come on-line that includes piping
Sewer Im ct Fees
$500,000
S500,000
$250,000
$250,000
$250,000
$250,000
extensions, lift stations and force main construction
SS-4 Lift Station Improvements (ongoing
improvements to improve system hydraulics and
Sewer Impact Fees
$200,000
S200,000
S200,000
S200,000
S200,000
20$ 0,000
waterquality)
Or&xamv #2013-02 Amended Feb. 26, 2013
B-1
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
SS-5 Reclaimed Storage'Tank (30 mg storage
Sewer Impact Fees2.20Q000
4
0
tank to offset peak demands
PARKS & RECREATION
PR-1 Inland Groves Property (Passive Park)
Recreation Impact Fees,
Infrastructure Sales Taxes and
Grants
$35,000
$90,000
$1,000,000
$250,000
100,000
100 0
TRANSPORTATION
The City of Clermont adopts by reference the 5-Year Schedule of Improvements as formally adopted by the Lake Sumter Metropolitan Planning Organization on
June 22 2011 and as amended into the Ci 's Five -Year Schedule of Capital ImI2rovements.
PROJECT TOTALS
$1Q790,000
$8,950,000
$2,90Q000
$2,250,000
$2,250,000
source: l.tty of Ulermont. 6U13
Ordinance #2013-02
M.
Amended Feb. 26, 2013
CITY OF CLERMONT
AGENDA ITEM
Planning & Zoning Commission
February 5, 2013
I
City Council
Feb 12; 2013, February 26, 2013
FROM: Planning & Zoning Department
Requested Action
MOTION TO APPROVE: Ordinance No. 2013-02
Amend the Goals, Objectives and Policies of the Capital Improvements Element of the comprehensive
plan to update the five-year schedule of capital improvements.
Summary Explanation/Background
The Capital Improvements Element of the comprehensive plan identifies capital projects needed to
maintain adopted Level of Service (LOS) standards. The element includes policies and projects to
reduce existing LOS deficiencies. In addition, the element outlines a schedule for construction of
necessary improvements and expansions to accommodate new growth. It includes estimates of the cost
of public improvements, and it demonstrates the ability of the City to finance and construct the
improvements.
Local governments are required to adopt annual updates to the Capital Improvements Element. Statutory
requirements provide for an expedited adoption process for CIE amendments with a single public
adoption hearing. A transmittal hearing is no longer required for annual updates. Amendments to the
element are required to change a project's scheduled construction date. The City will also annually
update Policy 1.6.2 to identify the current Lake County Schools facilities master plan and its adoption
date.
Exhibits Attached
Ordinance No. 2013-02
W4 4-
CITY OF CLLmv,ONT COMPREHENSIVE PLAN
Appendix B
CAPITAL IMPROVEMENTS
City of Clermont Five -Year Schedule of Capital Improvements, FY 2012-13 to 2016-17 om ended Feb. 26, 2013, OnI 2013-02)
STORMWATERMANAGEMENT��
SW-1 StormRetrofit Projects (ongoing
upgrades to stormwater conveyance systems and
Stormwater Utility Fees and Grant
$500,000
$500,000
$500,000
$500,000
$500,000
50$ 0,000
water quality projects
POTABLE WATER
PW-1 Water Main Extension (ongoing project
extending water mains to complete loops in the
system, primarily on the east side system, and
Water Impact Fees
$60o,ow
$500,000
$500,000
$500,000
S500,000
$500,000
improve sstem hydraulics and reliability)
PW-2 West -Side Water Treatment Plant
(construct 1-million gallon storage tank, a bank of
Utility Fees
$5;190,090
$5,100,000
$4,800,000
0
0
0
high -service pumps, a disinfection system, a new
potable well
PW-3 Water Main Replacements (ongoing
replacement of older water mains to improve system
Water Fund Operating Budget
$200,000
$200,000
$200,000
S200,000
$200,000
$200,000
hydraulics and waterquality)
PW4 Alternative Potable Water Source (funding
is for planning/design. Construction on the regional
Utility Fees and Water Impact Fees
e=� g
S500,000
S500,000
S500,000
0
Q
projects is not expected to begin until 2015
SANITARY SEWER
SS-1 Supplemental Irrigation System Well
(construct groundwater well to supplement
reclaimed water supply during peak demand to area
Utility Fees
$500,000
S i00 000
S iO 0,000
0
0
0
north of SR 50 and shift demand from potable
system to reclaimed waters stem
SS-2 Reclaimed Water System Expansion
(expansion includes piping extensions to deliver
reclaimed water to developments plumbed to accept
reclaimed water north and south of SR 50 and shift
Sewer Impact Fees and Utility Fees
$609,0W
$500,000
S500,000
S500,000
S500,000
$500,000
demand from potable system to reclaimed water
stem
SS-3 East Water Reclamation Facility
Collection System Expansion (on -going project as
Sewer Impact Fees
S500'0 IH
$500,000
S250,000
S250,000
$250,000
25$ 0,000
new developments come on-line that includes piping
extensions, lift stations and force main construction
SS4 Lift Station Improvements (ongoing
improvements to improve system hydraulics and
Sewer Impact Fees
$200,4"
$200,000
$200,000
$200,000
$200,000
$200,000
waterquality)
Ordrii�nr #201 3-0 2 Amended Feb. 26, 20 / 3
B-1
CITY OF CL".,..ONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
SS-5 Reclaimed Storage Tank (30 mg storage
7117er I 12act l�ces
�' �
$2.200.000
�� Q 0
— —
0
tank to offset peak demands
PARKS & RECREATION
PR-1 Inland Groves Property (Passive Park)
Recreation Impact Fees,
Infrastructure Sales Taxes and
Grants
S-290,000
$600,000
$1,000,000
$250,000
100,000
100,000
DD 2 Waterfront Park Pavilion
Reereftfifin impaetV
!1
v
A
!1
v
A
0
TRANSPORTATION
The City of Clermont adopts by reference the 5-Year Schedule of Improvements as formally adopted by the Lake -Sumter Metropolitan Planning Organization on
une 22 2011 and as amended into the Ci 's Dive -Year Schedule of Ca ital Imi2rOvements.
&99&A99
PROANNE -R
1 $11
$8,950,000
$2,900,000
$2,250,000
$2,250,000
Source: City of Clermont 2013
Ordimrnce # °01 3-02 ,Imended I "ob. 26, 2013
li-2
CITY OF CLERMONT
ORDINANCE No. 2013-04
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 98 PARKING
AND VEHICULAR USE AREAS, CREATING A NEW SECTION 98-16
BICYCLE PARKING SPACE REQUIREMENT; CHAPTER 102 SIGNS,
SECTION 102-2 DEFINITIONS, SECTION 102-7 EXEMPT SIGNS,
SECTION 102-15 PERMITTED SIGNS; CHAPTER 118 VEGETATION,
ARTICLE II LANDSCAPING, SECTION 118-36 PLANT MATERIAL,
SECTION 118-37 LANDSCAPE BUFFERS; CHAPTER 122 ZONING,
DIVISION 10, C-1 LIGHT COMMERCIAL DISTRICT, SECTION 122-203
PERMITTED USES, SECTION 122-204 CONDITIONAL USES, SECTION
122-206 YARDS; CHAPTER 122, DIVISION 11, C-2 GENERAL
COMMERCIAL DISTRICT, SECTION 122-223 PERMITTED USES,
SECTION 122-224 CONDITIONAL USES, SECTION 122-226 YARDS;
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 February 5, 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 98
Parking and Vehicular Use Areas, Creating a New Section 98-16 Bicycle Parking Space
Requirement; Chapter 102 Signs, Section 102-2 Definitions, Section 102-7 Exempt Signs,
Section 102-15 Permitted Signs; Chapter 118 Vegetation, Article II Landscaping, Section 118-36
Plant Material, Section 118-37 Landscape Buffers; Chapter 122 Zoning, Division 10, C-1 Light
Commercial District, Section 122-203 Permitted Uses, Section 122-204 Conditional Uses,
Section 122-206 Yards; Chapter 122, Division 11, C-2 General Commercial District, Section
122-223 Permitted Uses, Section 122-224 Conditional Uses, Section 122-226 Yards; 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.
1
CITY OF CLERMONT
ORDINANCE No. 2013-04
SECTION 2.
The City of Clermont Code of Ordinances is hereby amended to read as follows (note
strikethrough indicates removed words and underlined indicates added):
CHAPTER 98 PARKING AND VEHICULAR USE AREAS
Section 98-16 Bicycle parking space requirement
Bicycle parking shall be provided as follows:
1. The number of bicycle parking spaces provided shall be at least equal to
five percent; rounded up, of the first 100 automobile parking spaces, and
two percent, rounded up, for additional bicycle parking, Wages for all other
automobile parking spaces over 100.
2. Nonresidential uses. One automobile parkin space space per 50 spaces may be
exchanged, providing_ parking for at least four bicycles on site or at the
exchanged Qarking space. A maximum of four automobile spaces may be
exchanged.
3. Multifamily residential uses. One automobile parking space per 50 spaces
may be exchanged, providing_ parking for at least four bicycles on site or at
the exchanged parking space. A maximum of two automobile spaces may
be exchanged.
1 Bicycle parking devices shall meet the followinw,
1. Be designed to allow each bicycle to be supported by its frame.
2. Be designed to allow the frame and wheels of each bicycle to be secured
against theft, with owner lock.
3. Be desired to avoid damage to the bicycles.
4. Be anchored to resist removal and solidly constructed to resist damage by
rust, corrosion, and vandalism.
5. Accommodate a range of bicycle shapes and sizes and to facilitate easy
locking without interfering with adjacent bicycles.
6. Be located to prevent damage tbicycles by cars.
2
CITY OF CLERMONT
ORDINANCE No. 2013-04
7. Be consistent with the surroundings in color and design and be
incorporated whenever possible into building or street furniture design.
8. Be located in convenient, highly visible, active, well -lit areas, and spread
in groupings around the site.
9. Be located so as not to interfere with pedestrian movements.
10. Be located as near the principal entrance of the building as practicable.
11. Provide safe access from the spaces to the right-of-way or bicycle lane.
12. All bicycle narking spaces required under this Section shall be a minimum
of two feet (2') in width and six feet (6') in len tg h.
13. Parking lot bicycle parking locations must provide bollards or similar
device must be installed to help prevent bicycle damage.
(c) Bicycle parking shall be reviewed and approved by the Site Review Committee.
CHAPTER 102 SIGNS
Section 102-2 Definitions
Awning means a structure made of metal or similar framing material, cloth or other
material, and attached to a building and/or carried by a frame supported by the building
Awning sign means a sign tainted on, printed on, or attached flat against the surface of an
awning.
Marquee (or eamep.�) means a permanent roof -like structure supported and extending
from part or all of the building face and that fully or partially covers a sidewalk, public
entrance or other pedestrian way, which is constructed of some durable material such as
metal, glass or plastic.
Section 102-7 Exempt signs
The following signs are exempt from the permit requirements of this Chapter provided they are
not placed or constructed so as to create a hazard of any kind. The following signs must still
meet applicable construction and electrical standards required by city, state or other appropriate
agency codes.
CITY OF CLERMONT
ORDINANCE No. 2013-04
(14) The flying of national, state�er-city or
corporate flags; provided that such flags shall not be used in such a manner as to
attract attention for commercial purposes.
a. Number. There shall be no more than three flags displayed on any one parcel
of land or commercial development. Only one may be a corporate flag and
shall not exceed the heijzht or size of the United States flag. Government flags
must conform to the United States Flag Code, Public Law, 344; 36 United
States Code, Sections 171-178.
b. Size and placement. The size of the flag, whether on flagpole or flagstaff,
shall not be greater than one-third the height of the pole or extension of the
flagstaff. Flags shall be set back at least five feet from all property lines and
onlybplayed from a flagpole or flagstaff; the placement on or attached to
fences, other signs, and so forth, shall not be permitted. Government flags
must conform to the United States Flag Code, Public Law, 344, 36 United
States Code, Sections 171-178.
c. Flagpole height. The maximum height of any flagpole shall be 55 feet and not
exceed ten feet above the height of any LnmM structure.
19 Awning signs shall be limited to a maximum of four (4)quare feet and maybe
printed on or attached flat against the surface of the lower portion of an awning. An
eight (8) foot clearance must be maintained from the sidewalk to the lowest portion
of the awning or awning sign. An a� sign shall count toward the maximum
wall sign size per Code. Maximum one awning sign per wall.
Section 102-15 Permitted signs
(a) Commercial districts. The following provisions govern signage in commercial districts:
(1) Single occupancy commercial, office, and industrial sites, including out parcels.
b. Wall signs.
1. One np •mart' wall sign on each wall of the building, parallel or
perpendicular to a road or street, not exceeding an area equal to 15
percent of the front wall face height multiplied by the building
width, not exceeding 200 square feet. A secondary wall sign may
be permitted on up to two walls provided it is a maximum 50
percent of the primary wall si n�quare footage, and both signs
square footage shall be counted separately toward the maximum
total square footage as allowed by this code for wall signage.
n
CITY OF CLERMONT
ORDINANCE No. 2013-04
2. One wall sign en eaeh end of the building,
per-pendieular- to the
read er- stfeet, net emeeeding an area equal te 15 per-eent of the side
wall faee height m"Itiplied by the building length, flet exeeedin
200 square feet. One wall sign facing the interior of a non-
residential development may be allowed for outparcels or interior
development facing entrances. The interior facing wall sign may
only be a maximum of 50 percent of any front wall sign square
footage, or a maximum 32 square feet in total area, whichever is
less, as allowed by this Code.
3. One marquee sign parallel or perpendicular to the road or street,
not exceeding 32 square feet may be permitted provided no other
wall sign is utilized on the same fascia.
4. One projecting sign per business, below a marquee or canopy, a
minimum of eight feet in height above any pedestrian way, and not
project beyond the sidewalk. Such signs shall not exceed four
square feet.
5. High-rise, multiunit office, retail and industrial centers. High-rise,
multiunit office, retail and industrial centers that have a common
primary entrance may be allowed only one wall sign. Wall signs
for each individual business within such a center are not permitted.
Such signs shall be placed upon the wall of a building, or
upon the parapet of a building.
ii. Such signs shall not extend above the roofline of any
building except when placed upon a parapet, in which case
the sign shall not extend above the parapet wall.
iii. All high-rise signs must clearly be on -site signs. Should
circumstances change so that said signs are no longer on -
site signs, they shall be deemed illegal and be removed.
iv. Where a high rise
sign
would be
within 1,000 feet
of
residential districts,
may be allowed by vafianee
such
high-rise
erA .
sign shall not be
lit
CITY OF CLERMONT
ORDINANCE No. 2013-04
V. The maximum allowable copy area for signs below 30 feet
above ground level shall not be more than one square foot
for each lineal foot of building frontage along the primary
street frontage of the building. The maximum allowable
copy area for signs higher than 30 feet above ground level
shall be five square feet for every 1,000 square feet of gross
floor area; provided, however that in no event shall the total
sign area exceed 800 square feet.
6. A canopy located over a building front sidewalk area, parking are
or storage area, or similar temporary parking use, may be utilized
for a maximum 10 square foot sign.
(2) Multiple occupancy commercial sites
b. Wall signs.
One primary wall sign on each wall of the buildine, parallel or
perpendicular to a road or street, not exceeding an area equal to 15
percent of the front wall face height multiplied by the building
width, not exceeding 200 square feet. A secondary wall sign may
be permitted on W to two walls provided it is a maximum 50
percent of the primary wall si irg 's square footage, and both signs
sguare footage shall be counted separately toward the maximum
total square footage as allowed by this code for wall signnage.
2. One wall sign on eaeh end of the building,
read or- stFeet, not exeeeding an area equal to 15 pement of the sid-e
waU faee height maltiplied by the building length, not emeeedin
200 sq a -feet. One wall sign facing the interior of a non-
residential development may be allowed for outparcels or interior
development facing entrances. The interior facing wall sign may
only be a maximum of 50 percent of any front wall sign square
footage, or a maximum 32 square feet in total area, whichever is
less, as allowed by this Code.
3. One marquee sign parallel or perpendicular to the road or street,
not exceeding 32 square feet maybe permitted provided no other
wall sign is utilized on the same fascia.
4. One projecting sign per business, below a marquee or canopy, a
minimum of eight feet in height above any pedestrian way, and not
project beyond the sidewalk. Such signs shall not exceed four
square feet.
31
CITY OF CLERMONT
ORDINANCE No. 2013-04
CHAPTER 118 VEGETATION
ARTICLE II. LANDSCAPING
Section 118-36 Plant material
(b) Trees.
f5,) Palms. Palms may be used in place of canopy trees or understory trees to
meet the minimum tree requirements. In no case shall the total number of
palms of all species combined account for more than twenty (20) percent
of the required canopy trees nor more than twenty (20) percent of the
required understory trees. The minimum size of palms is six (6) feet of
clear trunk for tree form palms. Two (2) palm trees count as one (1)
canopy or understory tree unless it is a large specimen palm tree such as a
Medjool or Date Palm which may be counted as one (1) palm tree to one
(1) canopy or understory tree.
Section 118-37 Landscape buffers
kk,) Landscape buffers under utility lines. Landscape buffers that are required under
this Article II that are within 20 feet of existing electric power utility lines may
substitute the required canopy trees for understory trees as listed in Section 118-
41 Preferred Tree List. Any substitutions must be approved by the Site Review
Committee with submittal of a landscape plan. All tree trimming and
maintenance must be in accordance with Section 118-35 Maintenance and
Pruniniz.
CHAPTER 122 ZONING
DIVISION 10
C-1 LIGHT COMMERCIAL DISTRICT
Section 122-203 Permitted uses
(a) Generally. Permitted uses in the C-1 district are as follows:
(1) Retail businesses which supply commodities on the premises, such as but
not limited to groceries, baked goods or other foods, drugs, dry goods,
clothing, decorations, hardware, furniture, appliances, sporting goods,
flowers, etcetera.
(2) Personal service establishments, such as but not limited to beauty shops or
barber shops, tailor or dressmaking shops, shoe repair, music, dancing and
photographic studios and dry cleaners. Permanent makeup service may be
allowed as an accessory use; with a Business Tax Receipt and with
7
CITY OF CLERMONT
ORDINANCE No. 2013-04
medical supervision, within an existing salon, beauty shop, barber shop,
medical office, or similar use. Such service shall be limited to the face
area and would consist of cosmetic permanent makeup for eyeliner,
eyebrow and mouth/lip liner definition.
(3) Professional offices, doctor offices, banks, loan companies, insurance and
real estate offices, and similar businesses.
(4) Dwelling units permitted in the R-3 district, provided that they meet the
regulations of the R-3 district.
(5) Buildings, structures and uses maintained or operated by the City.
(6) Lodges and clubs.
(7) Churches and places of religious worship, less than one acre or 5,000
square feet or less.
(88,), Restaurants
Shopping centers. Any group of businesses with shared parking or in
which the total land area of the development less than five acres.
(b) Floor space. Any business establishment or structure proposing to occupy more
than 5,000 square feet of floor space shall require a Conditional Use Permit. The
floor area ratio for any structure shall not exceed that identified by policies of the
adopted comprehensive plan.
(c) Uses to be enclosed; outdoor storage. All uses must be within a completely
enclosed building, except for outdoor storage, which must be screened from
public streets and adjacent property.
(d) Sidewalk use. Restaurant or food service business establishments may utilize
outside private sidewalk area adjacent to the business for patron use to include
non -fastened small tables and chairs or benches during business hours only.
Businesses which utilize this type of sidewalk use shall maintain at least a four -
foot wide open area for passage from one property to the next, from the inside of
any curb toward the business front, and in accordance with the Americans with
Disabilities Act (ADA). Where such four -foot open space is not available, table or
chairs shall not be allowed. All such uses shall be approved by the applicable City
administrator. Number and size limitations are as follows:
(1) Limited to 50 percent of restaurant frontage as approved by the Planning
and Zoning department.
CITY OF CLERMONT
ORDINANCE No. 2013-04
(2) Maximum number of tables and chairs; four tables with maximum four
chairs each.
(3) Maximum table width; four feet.
(4) Umbrellas may be utilized provided they adhere to the four -foot clearance
for Americans with Disabilities Act (ADA) access and do not have any
advertising unless approved by the Planning and Zoning department.
(e) Restaurants or similar food service business establishments with larger outdoor
seating area available that can be isolated may be permitted with the following
provisions:
(1) Site plan approval is required by the Site Review Committee. Location
and any separation from other uses; sidewalks, parking, landscape, and so
forth, must be demonstrated and maintained.
(2) Separation or isolation from other uses may be provided with decorative
fencing; no chain link is permitted, landscaping, or similar materials as
approved by the Site Review Committee.
(3) Outdoor seating cannot exceed more than half the total square feet or
number of seats; whichever is less, of the indoor seating area.
(4) Any outdoor seating shall be provided for with approved parking spaces
according to the Land Development Code.
(5) All sidewalks and pedestrian access areas shall maintain Americans with
Disabilities Act (ADA) accessibility.
(6) No advertising shall be permitted on table umbrellas or fencing material
unless approved by the Planning and Zoning department.
(7) Required landscaping must be maintained in accordance with the City
Land Development Code.
Section 122-204 Conditional uses
(a) Conditional uses in the C-1 district are as follows:
(1) Retail businesses, personal service establishments, professional offices,
lodges and clubs and churches greater than 5,000 square feet; provided,
however, that no retail establishment may occupy more than 100,000
square feet.
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CITY OF CLERMONT
ORDINANCE No. 2013-04
(2) Public or semipublic facilities or structures not maintained or operated by
the City and not listed under permitted uses; such as operated by any other
unit of government.
(3) Utility facilities; such as electrical transformers, gas regulator stations; and
so forth.
(4) Hospitals, clinics, nursing homes, and funeral homes.
(5) Nursery schools, kindergartens or child care centers; provided the outdoor
play area is enclosed by a fence at least four feet high and all state
requirements are met.
(6) Cemeteries.
(7) Private schools.
(8) Mobile home parks per Article V of this Chapter.
(9) Planned unit developments per Article IV of this Chapter.
(10) Convenience stores and gas stations.
(11) Laundries.
(12) Automobile and truck services.
(13) Restaumnts Lounges.
(14) Bed and breakfast inns per Article V of this Chapter.
551 Shopping centers; any group of businesses with shared parking or in
which the total land area of the development five acres or more.
(b) In case of uncertainty of the classification of any use, uses may be permitted
which, after consideration by the Planning and Zoning Commission and approval
by the City Council are not more obnoxious to the district than uses provided in
this Section. All conditional uses must be provided per Chapter 86, Article III,
Division 3.
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CITY OF CLERMONT
ORDINANCE No. 2013-04
Section 122-206 Yards
(2) Side yard. The minimum side yard setback shall be 12 feet. When -a
of way, ne side yafd is On corner lots, a side yard
setback of 50 feet shall be maintained on Hartwood Marsh Road, State
Road 50 and U.S. Highway 27 and a side yard setback of 25 feet shall be
maintained from all other streets and 12 feet on the interior side yard.
However, a side setback of 25 feet shall be maintained on the side adjacent
to property that is either zoned or used as residential.
DIVISION 11
C-2 GENERAL COMMERCIAL DISTRICT
Section 122-223 Permitted uses
(a) Generally. Permitted uses in the C-2 district are as follows:
(1) Retail businesses: Any retail business or service, including the sale of
goods and services for resale, as long as it is incidental to and in
conjunction with a retail business.
(2) Personal service establishments, such as but not limited to beauty shops or
barber shops, tailor or dressmaking shops, shoe repair, music, dancing and
photographic studios and dry cleaning establishments. Permanent makeup
service may be allowed as an accessory use; with a Business Tax Receipt
and with medical supervision, within an existing salon, beauty shop,
barber shop, medical office, or similar use. Such service shall be limited to
the face area and would consist of cosmetic permanent makeup for
eyeliner, eyebrow and mouth/lip liner definition.
(3) Professional offices, doctors' offices, banks, loan companies, insurance
and real estate offices, and similar businesses.
(4) Automobile and truck services, carwashes, and automobile, truck, boat
and farm equipment sales.
(5) Recreation facilities, theaters; including drive-ins, bowling alleys, skating
rinks, billiard halls, miniature golf courses, driving ranges and tourist
attractions.
(6) Restaurants and lounges.
(7) Buildings, structures or uses maintained or operated by the City.
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CITY OF CLERMONT
ORDINANCE No. 2013-04
(8) No retail establishment may occupy more than 100,000 square feet.
(9) Lodges and clubs.
(10) Laundries.
11 Hotels and motels.
12 Convenience stores and gas stations.
1133,) Shopping centers; Any group of businesses with shared parkin or in
which the total land area of the development less than 10 acres.
14 Nursery schools, kindergartens or child care centers; provided the outdoor
play area is enclosed by a fence at least four feet high and all state
requirements are met.
(b) Floor space. Any business establishment or structure proposing to occupy more
than 20,000 square feet of floor space shall require a Conditional Use Permit. The
floor area ratio for any structure shall not exceed that identified by policies of the
adopted Comprehensive Plan.
(c) Uses to be enclosed; outdoor storage. All uses must be conducted within a
completely enclosed building; except for outdoor storage, which must be screened
from a public street and adjacent property.
(d) Sidewalk use. Restaurant or food service business establishments may utilize
outside private sidewalk area adjacent to the business for patron use to include
non -fastened small tables and chairs or benches during business hours only.
Businesses which utilize this type of sidewalk use shall maintain at least a four -
foot wide open area for passage from one property to the next, from the inside of
any curb toward the business front, and in accordance with the Americans with
Disabilities Act. Where such four -foot open space is not available, table or chairs
shall not be allowed. All such uses shall be approved by the applicable City
administrator. Number and size limitations are as follows:
(1) Limited to 50 percent of restaurant frontage as approved by the Planning
and Zoning department.
(2) Maximum number of tables and chairs; four tables with maximum four
chairs each.
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CITY OF CLERMONT
ORDINANCE No. 2013-04
(3) Maximum table width; four feet.
(4) Umbrellas may be utilized provided they adhere to the four -foot clearance
for Americans with Disabilities Act access and do not have any
advertising.
(d) Restaurants or similar food service business establishments with larger outdoor
seating area available that can be isolated may be permitted with the following
provisions:
(1) Site plan approval is required by the Site Review Committee. Location
and any separation from other uses; sidewalks, parking, and landscape for
example, must be demonstrated and maintained.
(2) Outdoor seating cannot exceed more than half the total square feet or
number of seats, whichever is less, of the indoor seating area.
(3) All sidewalks and pedestrian access areas shall maintain Americans with
Disabilities Act accessibility.
(4) No advertising shall be permitted on table umbrellas or fencing material
unless approved by the City Administrative Official.
(5) Required landscaping must be maintained in accordance with the City
Land Development Code.
Section 122-224 Conditional uses
(a) Conditional uses in the C-2 district are as follows:
(1) Manufacturing; provided such manufacturing employs not more than five
persons and is incidental, complementary to and in conjunction with a
retail business or service.
(2) Residential storage warehouses where storage facility uses are exclusively
for storing excess personal property generally stored in residential
accessory buildings. This shall not include the storage of manufacturing or
commercial products.
(3) Shopping centers; any group of five e- me-e businesses with shared
parking or in which the total land area of the development e*ee is
10 acres or more.
(4) Agricultural service operations.
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CITY OF CLERMONT
ORDINANCE No. 2013-04
(5) Public or semipublic facilities or structures not operated by the City and
not listed as a permitted use.
(6) Utility facilities; such as electric transformers, gas regulator stations, and
so forth.
17\ Gefwenienee stefes and
Laaadf:ies..
(7) Hotels, Metals and recreational vehicle parks.
(8) Hospitals, clinics, and nursing homes.
(9) Automobile and truck repair garages; and painting, welding and body
shops.
(10) Dwelling units provided that the requirements of the R-3 zone are met,
mobile home parks per Article V of this Chapter, and Planned Unit
Developments per Article IV of this Chapter.
(11) Kennels or veterinary clinics, provided that all animal services and
confinement areas, including runs, are in air conditioned and sound -
attenuated buildings.
(12) Churches, funeral homes and cemeteries.
(13) No retail establishments may-eeeup more than 100,000 square feet.
(14) Private schools.
(15) Bus terminals, major equipment sales, manufactured housing sales, travel
trailer and recreational vehicle sales.
(16) Bed and Breakfast Inns.
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CITY OF CLERMONT
ORDINANCE No. 2013-04
(b) In case of uncertainty of the classification of any use, uses may be permitted
which; after consideration by the Planning and Zoning Commission and approval
of the City Council, are not more obnoxious to the district than the uses provided
in this Section. All conditional uses must be provided per Chapter 86, Article III,
Division 3.
Section 122-226 Yards
(2) Side yard. The minimum side yard setback is 12 feet.
establishment is provided with a mef aeeess by a publie right of wa-)-,
On corner lots where a side yard setback
of 50 feet shall be maintained on Hartwood Marsh Road, State Road 50
and U.S. Highway 27 and a side yard setback of 25 feet shall be
maintained from all other streets and 12 feet on the interior side yard.
However, a side setback of 25 feet shall be maintained on the side adjacent
to property that is either zoned or used as residential.
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.
15
CITY OF CLERMONT
ORDINANCE No. 2013-04
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 26`h day of February, 2013.
CITY OF CLERMONT
Harold S. Turville, Jr., Mayor
ATTEST:
Tracy Ackroyd, City Clerk
Approved as to form and legality:
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
AGENDA ITEM
Paae 1 of 17
Meeting Dates:
February 5, 2013
Planning & Zoning Commission
February 12, 2013 (Ordinance introduction)
City Council
February 26, 2013 (Ordinance adoption)
FROM: Planning & Zoning Department
Requested Action
MOTION TO APPROVE: Ordinance No. 2013-04
Land Deo ment Code — Proposed amendments
Summary Explanation/Background
Attached are 12 (total Section numbers) amendments recommended for inclusion into the Clermont Code of
Ordinances. These amendments are all considered Business Friendly amendments to the LDC.
Amendment Summary of the following Sections:
CHAPTER 98 — Parking and Vehicular Use Areas: Sec. 98-16, Bicycle parking space requirement.
Establishes bicycle parking for Clermont. By promoting bicycle use through bicycle parking requirements,
this amendment helps to facilitate our comprehensive plan for a multi -modal system (Policy 1.7.11 has the
provision for bike parking), which also includes reduction of greenhouse gas emissions through bicycle use
(Policy 1.4.3). This amendment will allow for use of automobile parking spaces or dedicated locations for
bicycle parking spaces.
CHAPTER 102 — Signs: Sec. 102-2 Definitions; Sec. 102-7 Exempt signs; Sec.102-15 Permitted signs.
Provide new and revised definitions; revises the flag requirements; revises the awning sign usage; revises the
number and size of wall signs (based on previous approved variances); and clarifies marquee signage
language. Allows up to two signs on two walls, within the established size requirements in the LDC.
CHAPTER 118 Vegetation: Sec. 118-36 Plant material.
Allow for palm trees to be counted toward the canopy or understory tree requirements. This allows palm
trees to be used for up to 20% of the tree requirements.
CHAPTER 122 Zoning:
Division 10, C-1 Light Commercial District: Sec. 122-203 Permitted uses; Sec. 122-204 Conditional uses;
Sec. 122-206 Yards.
Division 11, C-2 General Commercial District: Sec. 122-223 Permitted uses; Sec. 122-224 Conditional uses;
Sec.122-226 Yards.
Amends the permitted uses and conditional uses for the C-1 and C-2 to eliminate the ambiguous requirements
for a CUP, based on square footage of a building, number of businesses and provides for an acreage
requirement. Provide for permitted uses and conditional uses changes.
All proposed uses and developments are already required to develop in accordance with the LDC (district
specs, engineering, landscaping, architectural, etc.). The changes proposed would speed up the approval
process by eliminating the CUP requirement for certain uses.
Fiscal Impact
Fund Number and Description
Available Budget Amount
$ N/A
Exhibits Attached (copies of original agreements)
Ordinance No. 2013-04
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