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Ordinance No. 2024-014cox. C� n1T CITY OF CLERMONT „„. ORDINANCE NO. 2024-014 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 125 ZONING; REPEALING SECTION 125-375 DENSITY; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, in order to encourage density in specific areas of the City, the City Council approved Ordinance 2016-40 to allow an increase in density through a density bonus program in the Central Business District Zoning within the Downtown Mixed -Use District Future Land Use; and WHEREAS, this density bonus program, through a Community Benefit Agreement, could potentially allow up to 40 dwelling units per acre for residential projects; and WHEREAS, the City recently amended portions of the Future Land Use Element of the City's Comprehensive Plan with the adoption of Ordinance 2024-013; and WHEREAS, this amendment decreased the density from 40 dwelling units to 16 dwelling units per acre with no Community Benefit Agreement; and WHEREAS, with this change, the necessity for the density bonus language under Section 125-375 has been eliminated; and 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 April 9, 2024, 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 NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Clermont, that Chapter 125 Zoning of the Clermont Code of Ordinances, Section 125-375 Density, be repealed. SECTION 1: AUTHORITY The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article V11I of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. d= CITY OF CLERMONT Cg ORDINANCE N0. 2024-014 SECTION 2: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 3: SEVERABILITY 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 4: CODIFICATION The repeal of Section 125-375 within this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such editorial license. SECTION 5: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 6: PUBLICATION AND EFFECTIVE DATE 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. (9. CITY OF CLERMONT � Clnce hdGhrrpivu ORDINANCE NO.2024-014 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida, on this 23d day of April, 2024. CITY OF CLERMONT n Tim rry, M �or ATTEST: Tr y Ackro we, MMC City Clerk Ap o f rm and leg ity: Dame an^ s, rty Attorney