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O-347-CCITY OF CLERMONT ORDINANCE • No. 347-C AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 118 VEGETATION, ARTICLE II LANDSCAPING, SECTION 118-37 LANDSCAPE BUFFERS; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. 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 June 1, 2004 and following such hearing found this Ordinance to be in the best interests 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 amend Chapter 122, of the City of Clermont Code of Ordinances known as the Land Development Regulations; and WHEREAS, the City Council of the City of Clermont finds and determines that this Ordinance is consistent with and implements the City of Clermont Comprehensive Plan and that adoption thereof is in the best interest of the City of Clermont. • NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA AS FOLLOWS: 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 I. The City of Clermont Land Development Regulations are hereby amended to read as follows: Sec. 118-37. Landscape Buffers. (d) Perimeter landscape buffers between abutting properties. (1) Minimum width. A minimum ten foot wide landscape buffer shall be provided between abutting property boundaries. Said buffer shall be measured perpendicular to the abutting property boundary and shall consist of a maximum 10 percent grade. (e} Buffers adjacent to rights-of--way for nonresidential uses. (1) Minimum width. A minimum 20 foot wide landscape buffer shall be required along arterial and collector roads, and a minimum 15 foot wide buffer shall be required along local streets. Said landscape buffer(s) shall consist of the following: CITY OF CLERMONT ORDINANCE No. 347-C Page -2- a. A 20 foot wide landscape buffer may consist of a maximum of 10 feet using a maximum 10 percent grade on the high side, and the remaining 10 feet may be sloped to a maximum 4:1 grade. All 4:1 sloped buffers shall be landscaped and approved by the site review committee. The buffer and sloped portion shall be reviewed and approved for location by the site review committee. b. A 15 foot wide landscape buffer may consist of a maximum of 10 feet using a maximum 10 percent grade on the high side, and the remaining five (5) feet may be sloped to a maximum 4:1 grade. All 4:1 sloped buffers shall be landscaped and approved by the site review committee. The buffer and sloped portion shall be reviewed and approved for location by the site review committee. c. A berm that maintains a height of at least 2 foot for at least 40 percent of the overall length. Side slopes of the berm shall be no greater than 3:1. The requirement for a berm may be waved if it determined by the site review committee that the topography of the site is such that the provision of a berm would be ineffective. (fj Buffers along rights-of--way for residential subdivisions and multifamily developments. • Within single family and multifamily residential developments, a buffer shall be provided along the external roadways to reduce noise generated by traffic and create a visual barrier. Plant and/or structural materials shall be properly installed and maintained in perpetuity. All such buffers shall be in a landscape tract that is maintained by a homeowners association. Buffers shall conform to either one of the following specifications: (1) A buffer a minimum of 15 feet wide with a brick, stone or masonry block wall, trees and shrubs. The 15 foot wide landscape buffer may consist of a maximum of 10 feet using a maximum 10 percent grade on the high side, and the remaining five (5) feet may be sloped to a maximum 4:1 grade. A114: l sloped buffers shall be landscaped and approved by the site review committee. The buffer and slopped portion shall be reviewed and approved for location by the site review committee. Wall height shall be as allowed in section 122-343(c)(1) of this code. One shrub shall be required for every five lineal feet of wall. Shrubs may be clustered in groups of no less than five each, with groups being spaced no further than 50 feet apart. Two canopy trees shall be required for every 100 linear feet of wall, or fractional part thereof. SECTION II. All other conditions shall remain in full force and effect. CITY OF CLERMONT • ORDINANCE No. 347-C Page -3- SECTION III. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION IV. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudication's shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION V. 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. First Reading on the 11th day of Apri12006. Second Reading on the 25th day of April 2006. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT LAKE COUNTY, FLORIDA THIS 25th day of April 2006 CITY OF CLERMONT ,2'~ AROLD S. TURVILLE, JR. Mayor ATTES ~~ TRACY A I ROY ,City Clerk •