Resolution No. 2023-031RCC
CLEObNT CITY OF CLERMONT
�_41�,.,,�,— RESOLUTION NO.2023-031R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT OF LAKE COUNTY, FLORIDA; PROVIDING NOTICE TO
THE PUBLIC OF A PENDING ORDINANCE AND DIRECTING STAFF
TO DEVELOP AND PROCESS FOR ADOPTION AN ORDINANCE TO
PROVIDE FOR CERTIFICATION OF COMPLIANCE OF AFFORDABLE
HOUSING PROJECTS AND OTHER POTENTIAL LAND
DEVELOPMENT REGULATIONS ADDRESSING AFFORDABLE
HOUSING, MIXED -USE AND MULTI -FAMILY PROJECTS TO
ADDRESS THE IMPACTS OF CHAPTER 2023-17, LAWS OF FLORIDA,
KNOWN AS THE LIVE LOCAL ACT. PROVIDING FOR CONFLICT,
SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, recent amendments to state law as set forth in Chapter 2023-17, Laws of
Florida, will preempt some provisions of the City's local comprehensive plans, zoning and land
development regulation provisions for certain mixed -use projects and multi -family projects having
at least 40 percent of residential units within a project being affordable housing units for at least a
30-year period; and
WHEREAS, Chapter 2023-17, Laws of Florida, does not articulate how a proposed
development is intended to evidence compliance with the affordable housing requirements
necessary to benefit from the preemptions afforded under Chapter 2023-17, including prior to
issuance of a building permit or certificate of completion, or at any time during the minimum 30
year period provided for in the new law or set forth any penalties for non-compliance and such
should be required in order to ensure that the purpose of Chapter 2023-17, Laws of Florida, is
achieved; and
WHEREAS, the City staff is directed to prepare and process an ordinance to create city
code and/or land development regulations, as applicable, to require evidence of and ensure
compliance with the affordable housing criteria as needed for a development to benefit from the
preemptions afforded under Chapter 2023- 17, Laws of Florida, and other land development
regulations addressing affordable housing, mixed -use and multi -family projects; and
WHEREAS, the goal is to have such pending ordinance considered and adopted within
six (6) months from the effective date of this Resolution; and
WHEREAS, the City Council of the City of Clermont wishes to place the public and all
interested and/or affected parties on notice that the Council is considering city code and/or land
development regulation amendments addressing the aforesaid matters; and
d=
CLER%NT CITY OF CLERMONT
RESOLUTION NO.2023-031R
WHEREAS, pursuant to the pending legislation doctrine ( or pending ordinance doctrine)
set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City declares and
implements the pending ordinance doctrine concerning the zoning and land development
regulations governing properties and proposed affordable housing projects, mixed -use projects and
multi -family projects located within the unincorporated limits; and
WHEREAS, property owners and developers should be aware that provisions of the
pending ordinance not yet adopted by the City Council may be applied to any proposed
development and/or development order applications delayed until the adoption and effectiveness
of such ordinance; thus, property owners and developers should not rely on existing City Code or
Land Development Regulations in making investment and development related decisions; and
WHEREAS, the City Council of the City of Clermont in good faith, determines that this
Resolution is in the best interest of the City and its residents and promotes the health, safety and
welfare of the public.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Clermont
as follows:
SECTION 1: LEGAL FINDINGS.
The foregoing recitals are hereby adopted as legislative findings of the City Council of the City of
Clermont and are ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution upon adoption hereof.
SECTION 2: STAFF DIRECTIVE.
The staff is directed to prepare and process an ordinance to create city code provisions or land
development regulations to require evidence of and ensure compliance with the affordable housing
criteria as needed for a development to benefit from the preemptions afforded under Chapter 2023-
17, Laws of Florida, and other land development regulations addressing affordable housing,
mixed -use and multi -family projects. The City Council hereby implements the "pending legislation
doctrine" in regard to such pending ordinance, and property owners and developers are hereby
placed on notice of the same and of the recitals set forth in this Resolution.
SECTION 3: CONFLICT
All policies and/or resolutions or parts of policies and/or resolutions in conflict with any of the
provisions of this Resolution are hereby repealed.
S
CLEOONT CITY OF CLERMONT
— RESOLUTION NO. 2023-031R
SECTION 4: SEVERABILITY
If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution 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
Resolution as a whole.
SECTION 5: ADMINISTRATIVE CORRECTION
This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
SECTION 6: EFFECTIVE DATE
This Resolution shall be published as provided by law and it shall become law and shall take effect
immediately upon its Passage.
(9.
CITY OF CLERMONT
C9:: RESOLUTION NO.2023-031R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 22nd day of August, 2023.
CITY OF CLERMONT
/ V-
Tim Murry, Mayor
Tracy Ackroyd Howe, MMC
City Clerk
Approved as to Form and Legality:
Daniel F. Mantzaris, City Attorney