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HomeMy WebLinkAboutOrdinance No. 2026-026 CS_ CL-ER c NT CITY OF CLE72MONT ORDINANCE NO_ 2026-026 AN ORDIIVANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORH)A, AMENDING ARTICLE III, SECTION 101-211, "NOTICE OF PUBLIC HEARII�IG", ARTICLE TV, SECTION 101-245, "NOTICE OF PUBLIC HEARII�IG", ARTICLE V, SECTION 101-281, "NOTICE OF PUBLIC HEARING", AND ARTICLE V, SECTION 125-527, "LIVE LOCAL ACT PROJECT REVIEW PROCEDURE", OF CHARTER LAWS OF THE CITY OF CLERMONT, PROVIDII�IG THAT NOTICE OF PUBLIC FOR CONDITIONAL USE PERMITS, VARIANCES, RE7.43NTN4taS, FUTURE LAND USE MAP LIVE LOCAL ACT APPLICATIONS SHALL BE PROVIDED TO PROPERTY OWNERS WITHIN FOUR HUNDRED FIFTY (450) FEET OF THE SUBJECT' PROPERTY, PROVIDING THAT, WHERE ANY PROPERTY WITtIII�T FOUR HUNDRED FIFTY (450) FEET IS GOVERNED BY A PROPERTY OWNERS' ASSOCIATION, SUCH AS A CONDOMIIVIUM ASSOCIATION OR HOMEOWNERS' ASSOCIATION, NOTICE SIIAI_-L ALSO BE PROVIDED TO SUCH ASSOCIATION> PROVIDING FOR CONFLICT, SEVERABH.ITY, CODIFICATION, ADMINISTRATIVE CO�>�T�'-CTION OF SCRTVENER'S ERROR,PUBLICATION AND EFFECTIVE DATE. WHEREAS,the City Council of the City of Clermont has determined that it is in the best interest of the City and its citizens to amend its notice requirements for certain land use and development applications to expand the notice area from its current standard to 450 feet in order to enhance public awareness and participation; and WHEREAS, the City Council further Finds that expanding the notice area will better ensure that affected property owners and surrounding stakeholders are informed of proposed land use changes that may impact their properties and community; and WHEREAS, the City Council finds that it is in the best interests of the public, serving its health, safety, and welfare,to pass this Ordinance. SECTION 1- AUTHORITY The City Council of the City oFClermont has the authority to adopt this Ordinance pursuant to Article VM of the Constitution of the State of Florida and Chapter 163 and 166,Florida Statutes. SECTION 2: AMENDING SECTION 101-211 Article III,Section 1 O 1-21 1 "Notice of public hearing"of the Clermont City Code is hereby amended to read as follows(strikethrough indicates deleted wording and underlined indicates added); Sec. 101-211.Notice or public hear3ag. All conditional use permit requests shall be considered at public hearings, which shall be noticed as follows- CODING[Words stricken are deletions;words—a—lifted are additions; --denote omitted text_ CAR, CITY OF CLERMONT Ch—fc�v��, ORDINANCE NO. 2026-026 (1) The city shall send notice of the proposed conditional use permit to the owners of all adjoining properties to the subject property. Such notice shall include the date, time and place of the public hearings before the planning and zoning commission and the city council, along with a clear and concise description of the proposed use. For the purposes of such notification,adjoining properties shall include those properties within 4450 feet of the subject property even when separated from the subject property by a road, canal, easement, right-of-way or similar barrier. In addition, if any property within 450 feet of the subject property is governed by a property owners' association, such as a condominium association or homeowners' association, notice shall also be provided to such association. (2) Notice of public hearing shall be published in a newspaper of general circulation within the city at least twice, one publication being five days prior to the planning and zoning commission meeting(first Tuesday of the month) and the second being five days prior to the city council meeting (fourth Tuesday of the month). (3) After an application has been filed, the applicant shall post the subject property with signage as provided by or as directed by the city. The signs shall be erected on each street side of said land or where the sign or signs would be in the most conspicuous place to the passing public as determined by the administrative official or designated representative. SECTION 3: AMENDING SECTION 101-245 Article IV, Section 101-245 "Notice of public hearing"of the Clermont City Code is hereby amended to read as follows(strikethrough indicates deleted wording and underlined indicates added): Sec. 101-245. Notice of public hearing. All variance requests shall be considered at public hearings,which shall be noticed as follows: (1) The city shall send notice of the proposed variance to the owners of all adjoining properties to the subject property. Such notice shall include the date, time and place of the public hearing before the board of zoning adjustment,along with a clear and concise description of the proposed variance. For the purposes of such notification, adjoining properties shall include those properties within 4-450 feet of the subject property even when separated from the subject property by a road, canal, easement, right-of-way or similar barrier. In addition, if any property within 450 feet of the subject property is governed by a property owners' association, such as a condominium association or homeowners' association,notice shall also be provided to such association. (2) Notice of public hearing shall be published in a newspaper of general circulation within the city no less than five days prior to the date set for the hearing, and the matter shall be entered on the agenda of the next regular meeting of the board of zoning adjustment if the meeting is five or more days forthcoming. The applicant shall be responsible for the cost of advertising, and it shall be paid no later than 24 hours prior to the scheduled hearing date. Failure to pay this cost will delay the hearing and the applicant may occur additional advertising costs. I CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. CITY OF CLERMONT _CLE d�� ORDINANCE NO. 2026-026 (3) After an application has been filed, the applicant shall post the subject property with signage as provided by or as directed by the city. The signs shall be erected on each street side of said land or where the signs would be in the most conspicuous place to the passing public as determined by the administrative official or designated representative. SECTION 4: AMENDING SECTION 101-281 Article V, Section 101-281 "Notice of public hearing"of the Clermont City Code is hereby amended to read as follows(strikethrough indicates deleted wording and underlined indicates added): Sec. 101-281. Notice of public hearing. All amendments to the comprehensive plan or the land development code shall comply with the following: (1) Rezoning and future land use map amendments. The following requirements apply to owner-initiated amendments. They are superseded by the requirements of F.S. § 166.041(3)(c) for rezoning amendments initiated by the city, and by the requirements of F.S. § 163.3184 for future land use map amendments initiated by the city. a. Notice to adjoining owners. The city shall send notice of the proposed action to the owners of all adjoining properties to the subject property. Such notice shall include the date, time and place of the public hearing before the planning and zoning commission, along with a clear and concise description of the proposed action. For the purposes of such notification,adjoining properties shall include those properties separated from the subject property by a road, canal, easement, right-of-way or similar barrier of 47450 feet or less in width. In addition, if any property within 450 feet of the subject property is governed by property owners' association, such as a condominium association or homeowners' association, notice shall also be provided to such association. b. Publication of notice. Notice of public hearing shall be published in a newspaper of general circulation within the city at least 15 days prior to the hearing, with a second publication at least five days prior to the hearing. c. Posting of notice on property. After an application has been filed, the applicant shall post the subject property with signage as provided by or as directed by the city. The sign or signs shall be erected on each street side of said land or where the sign or signs would be in the most conspicuous place to the passing public as determined by the administrative official or designated representative. (2) Textual changes. Notification and advertising for ordinances making textual changes to the land development code or the comprehensive plan that do not substantially change permitted use categories in zoning districts or land use map designations shall be as normally required for ordinances under the city Charter and Code of Ordinances, and state law. CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. • CITY OF CLERMONT C� ORDINANCE N0. 2026-026 SECTION 5: AMENDING SECTION 125-527 Article V, Section 125-527 "Live Local Act project review procedure"of the Clermont City Code is hereby amended to read as follows(strikethrough indicates deleted wording and underlined indicates added): (a) Purpose. This section has been established to guide the implementation of Senate Bill 102 also known as the "Live Local Act." A Live Local Act project is a multi-family rental development project that meets the following requirements, as further outlined in Florida Senate Bill 102: (1) Multifamily or mixed-use residential project in the C-1, C-2, M-1 and PUD zoning districts. (2) At least 40 percent of the units are affordable for eligible households up to 120 percent of the area median income(AMI) for at least 30 years. (3) If the property is developed as a mixed-use project, at least 65 percent of the square footage of the project is residential. (b) Neighborhood workshop. The purpose of a neighborhood workshop is to ensure early citizen participation in an informal forum in conjunction with Live Local Act (LLA) applications, and to provide an applicant the opportunity to understand and try to mitigate any impacts an application may have on an affected community. These workshops ensure that citizens and property owners have an adequate opportunity to learn about LLA applications that may affect them and to work with the applicant to resolve any concerns at an early stage of the process. A neighborhood workshop is not intended to produce complete consensus on all LLA applications, but to encourage applicants to be good neighbors and to allow for informed decision making.If an applicant falls to hold a required neighborhood workshop, the department shall not accept that development application for review under the Live Local Act review process. (c) Public notice. Public notice of a neighborhood workshop shall be provided as indicated below. (1) Notice to development services director.An applicant intending to hold a neighborhood workshop shall coordinate with the development services director prior to scheduling the workshop. The developer services director, or designee, shall confirm receipt and acknowledgement of the proposed notice. (2) Notice required. a. The applicant shall provide notification of the workshop by mail to all owners of property located within 4-450 feet of the subject property. The applicant shall provide proof of mailing, as part of the LLA application, by submitting a signed and notarized affidavit, on a form acceptable to the City, attesting to the date of the mailing and the number of notices sent. In addition, a copy of the mailed noticed shall be included within the application along with a list containing the name and address of property owners to whom the mailed notices were provided. In addition, to the property owners, notices shall also be mailed to the Lake County School CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. CITY OF CLERMONT 00 ORDINANCE NO. 2026-026 Board and the Lake County Board of County Commissioners. The applicant shall mail these notices with proper postage at least 15 calendar days before the date of the workshop. In addition, if any property within 450 feet of the subject propgmLis governed by a property owners' association, such as a condominium association or homeowners' association notice shall also be provided to such association. b. The applicant shall also post notice signs of the workshop at the property that is the subject of the LLA application at least 15 calendar days before the date of the workshop. The notice must include a description of the application, potential uses, and other information as required by the development services director or designee, as well as the date, time, and location of the workshop. The applicant's contact information shall also be included on the posted notice sign. The sign or signs shall be erected on each street side of said land or where the sign or signs would be in the most conspicuous place to the passing public as determined by the development services director or designee. A notarized affidavit shall be submitted certifying that the signs were posted in compliance with the standards in this section along with photographs of all the signs posted. c. The applicant shall publish notice of the workshop in a newspaper of general circulation a minimum of 15 days before the workshop. The advertisement shall be a minimum of two columns wide and four inches long.The ad shall be titled"Public Notice," with a description of the request, a map of the property, location of workshop, date, time and applicant's contact information. (3) Postponed workshops. New public notice consistent with the Section above shall be provided for any rescheduled workshop. (d) Workshop and public participation report. The applicant shall as part of the LLA application hold a workshop and submit a written public participation report documenting the results of the public participation effort. (1) Workshop date and time. The workshop shall start between 6:00 p.m. and 8:00 p.m. on a weekday or between 9:00 a.m. and 7:00 p.m. on a weekend. The workshop shall not be held on a holiday, holiday weekend, day before a holiday, or day before a holiday weekend. The workshop must be held in a location generally near the subject property and must be held in a facility that is ADA compliant. (2) Workshop elements. At the workshop, the applicant shall present the following, as applicable: a. A general concept plan for the use of all included lands. Such plans shall indicate the general location of residential areas (including density and unit types), open space, active or resource-based recreation areas, natural areas (including wetlands and flood plains), and non-residential areas (including maximum square footage and maximum height). b. A plan of vehicular, bicycle, and pedestrian circulation showing the general locations and right-of- way widths of roads, sidewalks and access points to the external and internal thoroughfare network. CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. C�ER CITY OF CLERMONT 0—�(C,, ,a ORDINANCE NO. 2026-026 c. Drawings indicating the conceptual architectural theme or appearance and representative building types. (3) Workshop summary. The applicant shall submit to the department, as part of the LLA application, a summary of the materials presented at the workshop,the issues raised by those in attendance, the suggestions and concerns of those in attendance, a copy of the sign-in sheet, a copy of the workshop advertisement and a copy of the mailed notices sent to property owners. (e) Application and review. (1) Application. Applications for development under the Live Local Act ("LLA Application") shall be made on the appropriate form provided for that purpose by the City. The LLA application shall be in addition to any other application required commensurate with the type of use and project. The LLA application shall specifically demonstrate, at a minimum, that the project qualifies as affordable housing under the act and sworn by notarized affidavit. (2) Review. Upon receipt of a completed application the development services director or designee, shall forward the completed application to the site review committee, who shall submit written review report of the application. Review of the LLA application shall be in addition to any other review(site plan) associated with the development. (f) Compliance. (1) The applicant/owner of the Live Local Project shall submit a notarized affidavit to the City by December 31 st of each year attesting they meet the requirements under Florida Statutes, Section 166.04151 Affordable Housing (7)(a). SECTION 6: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 7: 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 8: CODIFICATION The text of Section 2, 3,4, and 5 of 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. CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. CLE ' N, CITY OF CLERMONT ORDINANCE NO. 2026-026 SECTION 9: ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS Regardless of whether such inclusion in the Code as described in Sections 2, 3, 4, and 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 City Manager's designee,without need of public hearing,by filing a corrected or re-codified copy of same with the City Clerk. SECTION 10: 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. CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. CAR CITY OF CLERMONT � �,�-,� ORDINANCE NO. 2026-026 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 11 th day of August, 2026. CITY OF CLERMONT, FLORIDA ` Tim Murry, Mayor x, ,, ATTEST Tracy Ackroyd Howe, MMC City Clerk APPROVED AS TO FORM AND LEGALITY C sti n W. Way , City Attorney CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text.