Ordinance No. 2024-012INSTRUMENT#: 2024023610 OR BK 6291 PG 2044 PAGES: 5 3/1/2024 8:55:41 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $44.00
rt _F CITY OF CLERMONT
ORDINANCE NO.2024-012
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES, REPEALING SECTION 125-
527 WORKFORCE HOUSING DENSITY BONUS AND REPLACING
WITH 125-527 LIVE LOCAL ACT; PROVIDING FOR CONFLICT,
SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, RECORDING,
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the Florida legislature recently passed and the Governor signed into law to
be effective July 1, 2023, Senate Bill 102 known as the "Live Local Act"; and
WHEREAS, the Act addresses affordable housing throughout the State of Florida; and
WHEREAS, The City of Clermont wishes to allow the implementation of the Live Local
Act within the City, while also preserving the character of the residential zoning districts and
creating high quality attainable housing;
WHEREAS, the Live Local Act, among other things, authorizes multifamily and mixed -
use residential as allowable uses in areas zoned for commercial, industrial or mixed -use if certain
conditions regarding affordable housing are met, and the development satisfies the land
development regulations and is otherwise consistent with the comprehensive plan;
WHEREAS, the Live Local Act requires the City to adopt and maintain a written process
outlining procedures for expediting building permits and development orders for affordable
housing projects;
WHEREAS, the current language in Section 125-527 Workforce Housing Density Bonus
is very similar in nature to the Live Local Act and will be repealed and replaced with language that
addresses the language in Senate Bill 162;
WHEREAS, the City wishes to revise the Land Development Code to implement
procedures in regards to projects meeting the Live Local Act, in which will be in the best interest
of its residents, property owners, employees, and community;
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 6, 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 be amended to make
changes in Section 125-527, as set forth in the following amendments shown in Section 2.
INSTRUMENT# 2024023610 OR BOOK 6291/PAGE 2045 PAGE 2 of 5
C
CITY OF CLERMONT
ORDINANCE NO.2024-012
SECTION 1: AUTHORITY
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:
Sec. 125-527. Live Local Act Proiect Review Procedure
(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:
a. Multifamily or mixed -use residential project in the C-1, C-2, M-1 and PUD zoning districts.
b. At least 4096 of the units are affordable for eligible households up to 120% of the Area Median
Income (AMI) for at least 30 years.
c. If the property is developed as a mixed -use project, at least 6596 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
fails 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 150 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 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.
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.
INSTRUMENT# 2024023610 OR BOOK 6291/PAGE 2046 PAGE 3 of 5
e
Cif
.L-F
CITY OF CLERMONT
ORDINANCE NO.2024-012
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 fifteen (15) days before the workshop. The advertisement shall be a minimum of two (2) columns
wide and four (4) 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 9:00 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.
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.
(3)
(f) Compliance.
(1) The Applicant/Owner of the Live Local Project shall submit a notarized affidavit to the City by December
31" of each year attesting they meet the requirements under Florida Statutes, Section 166.04151
Affordable Housing (7)(a).
INSTRUMENT# 2024023610 OR BOOK 6291/PAGE 2047 PAGE 4 of 5
,G
,�,,ICITY OF CLERMONT
IfR%�otvr
ORDINANCE NO.2024-012
SECTION 3: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 4: 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 5: CODIFICATION,
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: 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 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 8: 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.
INSTRUMENT# 2024023610 OR BOOK 6291/PAGE 2048 PAGE 5 of 5
CITY OF CLERMONT
ORDINANCE NO.2024-012
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
rh day of February, 2024.
CITY OF CLERMONT
Tim Murry, Ma r
ATTEST:
Tracy Ackroyd Ho e,
City Clerk
Approved alto form d legality:
D isY el'F. Mantzans, ttorney
61
CITY OF CLERMONT
C N C ORDINANCE NO.2024-012
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES, REPEALING SECTION 125-
52E WORKFORCE HOUSING DENSITY BONUS AND REPLACING
WITH 125-527 LIVE LOCAL ACT; PROVIDING FOR CONFLICT,
SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, RECORDING,
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the Florida legislature recently passed and the Governor signed into law to
be effective July 1, 2023, Senate Bill 102 known as the "Live Local Act"; and
WHEREAS, the Act addresses affordable housing throughout the State of Florida; and
WHEREAS, The City of Clermont wishes to allow the implementation of the Live Local
Act within the City, while also preserving the character of the residential zoning districts and
creating high quality attainable housing;
WHEREAS, the Live Local Act, among other things, authorizes multifamily and mixed -
use residential as allowable uses in areas zoned for commercial, industrial or mixed -use if certain
conditions regarding affordable housing are met, and the development satisfies the land
development regulations and is otherwise consistent with the comprehensive plan;
WHEREAS, the Live Local Act requires the City to adopt and maintain a written process
outlining procedures for expediting building permits and development orders for affordable
housing projects;
WHEREAS, the current language in Section 125-527 Workforce Housing Density Bonus
is very similar in nature to the Live Local Act and will be repealed and replaced with language that
addresses the language in Senate Bill 162;
WHEREAS, the City wishes to revise the Land Development Code to implement
procedures in regards to projects meeting the Live Local Act, in which will be in the best interest
of its residents, property owners, employees, and community;
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 6, 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 be amended to make
changes in Section 125-527, as set forth in the following amendments shown in Section 2.
61
CLER 6NT CITY OF CLERMONT
;; �� ORDINANCE NO.2024-012
SECTION 1: AUTHORITY
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:
Sec. 125-527. Live Local Act Proiect Review Procedure
(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:
a. Multifamily or mixed -use residential project in the C-1, C-2, M-1 and PUD zoning districts.
b. At least 40% of the units are affordable for eligible households up to 120% of the Area Median
Income (AMI) for at least 30 years.
c. If the property is developed as a mixed -use project, at least 65% 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
fails 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.
The applicant shall provide notification of the workshop by mail to all owners of property located
within 150 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 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.
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.
CC
CLERWONT CITY OF CLERMONT
ORDINANCE NO.2024-012
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 fifteen (15) days before the workshop. The advertisement shall be a minimum of two (2) columns
wide and four (4) 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.
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.
(3)
(f) Compliance.
(1) The Applicant/Owner of the Live Local Project shall submit a notarized affidavit to the City by December
315L of each year attesting they meet the requirements under Florida Statutes, Section 166.04151
Affordable Housing (7)(a).
6=
CITY OF CLERMONT
A�ORDINANCE NO.2024-012
SECTION 3: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 4: 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 5: CODIFICATION
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: 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 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 8: 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,
CL.E d NY
CITY OF CLERMONT
ORDINANCE NO. 2024-012
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
th day of February, 2024.
CITY OF CLERMONT
Tim Murry, Ma r
ATTEST:
Tracy Ackroyd Ho e, 1��4
City Clerk
form%nd legality:
I F Mantzans, y ttorney