Loading...
O-2017-22 CITY OF CLERMONT ORDINANCE No. 2017-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF CLERMONT BY ADDING SECTION 122-249, DENSITY BONUS CRITERIA; SETTING FORTH STANDARDS AND REGULATIONS FOR THE CRITERIA FOR THE DENSITY BONUS; AND PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 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 7, 2017 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 add Section 122-249, Density Bonus Criteria, 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. SECTION 2. The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to read as follows: Section 122-249 Density Bonus Criteria. General Description An applicant may request the use of a density bonus in the Central Business District by including a justification statement in the description of the project in their site plan application. The attainment of a bonus requires three separate components: 1. Compliance with the mandatory requirements; 2. Utilization of the density bonus criteria; 3. Compatibility with the planned character of adjacent and surrounding properties. 1 CITY OF CLERMONT ORDINANCE No. 2017-22 A bonus shall not be considered an entitlement. The maximum available bonus under the proposed system below may not be appropriate in all situations. Neighborhood compatibility issues or lack of adequate infrastructure may not support the full bonus. The City Council may approve a requested bonus, approve a requested bonus with conditions to mitigate the impact of the bonus, approve a lesser bonus, approve a lesser bonus with conditions to mitigate the impact of the bonus, or deny a requested bonus. Maximum Residential Density in the Central Business District The maximum residential density permitted in the Central Business District is 25 dwelling units per acre. Through the use of the bonus provisions below, the total maximum allowed residential density may be increased to 40 dwelling units per acre in the Central Business District. At no time shall residential densities be increased above 40 dwelling units per acre. Mandatory Requirements for Residential Development in the Central Business District The following items are mandatory components for any project in the Central Business District that is greater than 12 dwelling units per acre, including any project utilizing the density bonus provisions of this section: 1) Ownership The project must be designed, constructed and sold as fee simple or condominium ownership structure. 2) Construction Materials Durable, high-quality materials, such as stone, steel, glass, precast concrete, or masonry shall be required. Such materials and associated architectural features must wrap around all sides of the building that are visible from the public realm. Traditional stucco may be appropriate in a historic context or for a Mediterranean-style building. Buildings incorporating EIFS (Exterior Insulation Finishing System) or other faux-stucco finish for more than 10 percent of a street-facing façade do not meet this criterion. Buildings constructed primarily of wood framing do not meet this criterion. 3) Urban Design/Architecture Building placement must reinforce the walkability of downtown and embrace desired pedestrian/building relationships. The primary building entrance, if a singular entrance, must be a prominent feature that is defined and articulated with pediments, pilasters, columns, porticoes, porches, overhangs, railings, or other architecturally compatible elements. Buildings on corner lots and buildings that terminate views from the public realm must incorporate additional height or other features that emphasize their prominent location. 2 CITY OF CLERMONT ORDINANCE No. 2017-22 4) Pedestrian Improvements The project must include sidewalks in all public rights-of-way and a pedestrian access plan for the internal movement throughout the project. 5) Trail Connection The project must be adjacent to or within 1,500 feet of a publicly dedicated trail. If not adjacent, a connection between the project site and public trail must be constructed. Any planned connection must meet the minimum design criteria for a publicly accessible trail. Criteria for Density Bonus Bonus density may be awarded to a project based upon successful compliance with one or more of the following criteria listed below. Each project must demonstrate that the inclusion of one or more of the following criteria justifies an increase in density. The City shall consider the entirety of the project and the manner in which the project exceeds minimum City standards for development within the Central Business District. Those projects exemplifying maximum and superior utilization of the bonus criteria below may be awarded a higher density. The determination of the final allowable maximum density includes consideration of the criteria below and compliance with the Compatibility Revisions of this section. The density bonus commitments proffered by the applicant and agreed to by the City shall be included in a Community Benefit Agreement described further in this section. 1. Streetscape Streetscape treatment that meets the City's downtown streetscape plan or exceeds the minimum standards normally required of the development's location. 2. Transit The site is proximate (1/4 to 1/2 mile) to a sheltered transit stop. This criterion may be waived until such time as transit service is more fully provided within the downtown corridor. 3. Parking Structure Parking garage is located such that it is interior to the site or lined with habitable space along all street-facing facades. 4. Public Parking The project provides parking beyond the minimum required by code to accommodate public parking in the downtown. 3 CITY OF CLERMONT ORDINANCE No. 2017-22 5. Environmental Sustainability Site design and building materials that exceed the minimum environmental sustainability requirements in place at the time of development. Such enhancements should consider energy efficiency, stormwater design, solar, solar roofs or other renewable energy sources, recycling, and sustainable materials options, all of which should be judged against the best-available technology and any relevant and generally accepted environmental certification programs. 6. Public Open Space Publicly accessible and functional open space that is open to the sky and at least 2,500 square feet in area. 7. Public Art/Cultural Facilities The project includes a prominent component of public art or provides space to support community cultural activities, all accessible to the public. The applicant may proffer a payment in lieu of this criterion subject to a fund established by the City for use consistent with the intent of this provision. 8. Landscaping A landscaping plan that exceeds the minimum City requirements. Compatibility Review Projects that utilize this density bonus section to increase density above 25 dwelling units per acre, and are located adjacent to, or across a public street from, an adjoining zoning district other than the Central Business District, shall be required to undergo a Compatibility Review (CR). This review will ensure that the proposed density bonus results in a development that is compatible with the massing, scale, form, and design of adjoining and nearby development. The City Manager or designee responsible for administration of the Land Development Code shall consider the following factors in conducting the Compatibility Review: 1. The current and planned uses of the surrounding area as allowed by the current future land use category(s) of surrounding properties; 2. If the resulting use of the density bonus will have a substantially greater negative impact on the surrounding neighborhood than the project would have without utilizing a density bonus; 3. If proposed building setbacks significantly decrease site lines between building sites; 4 CITY OF CLERMONT ORDINANCE No. 2017-22 4. If proposed landscaping/buffers provide sufficient screening to mitigate the negative effects of the incompatibility; and 5. If the resulting use of the density bonus decreases the level of service of any infrastructure below the adopted standards in the comprehensive plan. Neighborhood Compatibility Report The City Manager or designee shall produce a neighborhood compatibility report based on the proposed project. If the report results in a recommendation to reduce or eliminate the use of the density bonus for failure to meet the findings of the compatibility review, the City Manager or designee shall provide additional conditions on the project to mitigate those concerns. Those conditions may include, but are not limited to the following: 1. A reduction in the density bonus. 2. Increased building setbacks. 3. Increased landscaping/buffers. 4. Increased open space. 5. Off-site infrastructure improvements necessary to maintain adopted levels of service. Community Benefit Agreement An agreement between the City and the Applicant shall be required to memorialize the commitments proffered by the applicant, and shall be considered by the City Council at the time the application is considered in a public hearing. This agreement shall be known as a Community Benefit Agreement (CBA), and shall contain the terms and conditions by which the applicant will provide the density bonus elements of the project. The Community Benefit Agreement shall be presented to the City Council along with the application to increase residential density above 25 dwelling units per acre on any project in the Central Business District. SECTION 3. 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. 5 CITY OF CLERMONT ORDINANCE No. 2017-22 SECTION 4. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 5. The text of Section 2 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. SECTION 6. 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. 6 CITY OF CLERMONT ORDINANCE No. 2017-22 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28th day of February, 2017. CITY OF CLERMONT ,..e.-acar,- Wit. V ,r, ' _. Gail L. Ash, Mayor .`,- ATTEST:" _ / /. Tracy Ackroye Howe, City Clerk Approved as to a -•- : d legality: - 110 LG_ Daniel "� - orney