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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