O-581-MCfTY OF CLERMONT
ORDINANCE
N0.581-M
AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA,
AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF
CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II,
FLORIDA STATUTES BY ADOPTING TEXT CHANGES TO
ALLOWABLE USES IN NON-ESTABLISHED DISTRICT 3 AND A
CORRESPONDING MAP CHANGE; ADOPTING TEXT CHANGES TO
ESTABLISHED BUSINESS DISTRICT 1 AND UNDEVELOPED
DISTRICT 7; ADOPTING MAP CHANGES TO UNDEVELOPED
DISTRICT 6 (BO5SERMAI~, UNDEVELOPED DISTRICT 2 (REAL LIFE
CHRISTIAN CHURCH) AND UNDEVELOPED DISTRICT 7
(SOUTHERN FIELDS PHASE III); ADOPTING TEXT CHANGES TO
THE GOALS, OBJECTIVES AND POLICIES OF THE
INTERGOVERNMENTAL COORDINATION ELEMENT OF THE
COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR
ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENTS;
SETTING FORTH THE PURPOSE AND INTENT OF THE
COMPREHENSIVE PLAN AMENDMENTS; ESTABLISHING THE
LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS;
PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE
DATE.
WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the
City of Clermont on August 13,1991, in accordance with the Local Government Planning and
Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and
WHEREAS, the Comprehensive Plan of the City of Clermont may be amended
pursuant to Florida Statutes s. 163.3187; and
WHEREAS, the Planning and Zoning Commission, acting as the Local Planning
Agency, held a public hearing March 6, 2007 and made recommendations to the City Council for
amendments to the plan; and
WHEREAS, the City Council of the City of Clermont held public hearings
March 27 and April 10, 2007 on the proposed amendments to the plan in light of written
comments, proposals and objections from the general public;
NOW THEREFORE, be it resolved and enacted by the City of Clermont, Florida
that:
CITY OF CLERMONT
ORDINANCE
N0.581-M
Page -2-
SECTION 1•
The Future Land Use Map of the City of Clermont, adopted by the City of Clermont August 13,
1991, pursuant to the Local Government Planning and Land Development Regulations Act of
1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of Clermont Local
Planning Agency and the Clermont City Council, is hereby amended by changing the following:
The 14-acre property described in Exhibit A as shown:
CHANGE IN FUTURE LAND USE CLASSIFICATION
FROM COUNTY URBAN TO UD-6 COMMERCIAL
The 18.77-acre property described in Exhibit B as shown:
CHANGE IN FUTURE LAND USE CLASSIFICATION
FROM COUNTY URBAN EXPANSION TO UD-2 PUBLIC FACILITIES/INSTITUTIONAL
The 32.88-acre property described in Exhibit C as shown:
CHANGE IN FUTURE LAND USE CLASSIFICATION
FROM COUNTY URBAN EXPANSION TO UD-7 RESIDENTIAL
The 0.23-acre property described in Exhibit D as shown:
CHANGE IN FUTURE LAND USE CLASSIFICATION
FROM NED-3 RESIDENTIAL/PROFESSIONAL TO NED-3 COMMERCIAL
SECTION 2:
After public hearings held by the City of Clermont Local Planning Agency and the Clermont
City Council, the Intergovernmental Coordination Element of the Comprehensive Plan of the
City of Clermont is hereby amended as shown in Exhibit E.
SECTION 3:
After public hearings held by the City of Clermont Local Planning Agency and the Clermont
City Council, Appendix C, Land Use Criteria, Future Land Use Element of the Comprehensive
Plan of the City of Clermont is hereby amended by amending the following language:
CITY OF CLERMONT
ORDINANCE
N0.581-M
Page -3-
UNDEVELOPED DISTRICT 7
U D-7
Allowable Land Uses:
1) Single family detached residences.
2) Duplex and townhouses.
3} Multifamily attached residences.
4) Tourist accommodations excluding timeshare operations.
5) The Kings Ridge DRI will develop in accordance with Mixed-Use Classification I
criteria.
6) Property within Kings Ridge and Legends developments shall be allowed
professional office and commercial uses consistent with the commercial node
uses approved within the Kings Ridge DR1.
7) Property in Section 5, Township 23 South, Range 26 East and located west of
U.S. 27 and north of the section line sha11 be allowed commercial and
professional office as a Planned Unit Development (PUD). Property in Section 5,
Township 23 South, Range 26 East and located east of U.S. 27 shall be allowed
restaurant and professional office and retail use of up to 40,000 square feet.
Intensity at this site will be ca~~ed at 479,000 s~uare feet of commercial and
OffICe . (as amended through Ordinance #51 - adopted July 12, 2005, D A OS-1, and Ordinance 58l -M, adopted Aug. 14,
2007, DCA 07-1)
8) Directly related land uses such as parks, utilities, streets, schools, churches, and
other such activities whose primary purpose is to serve the residents of this area.
9) Properties along U.S. 27 and collector roads shall be required to provide
landscaping in addition to minimum requirements as part of a roadway
beautification plan. For Planned Units Developments, landscaping requirements
will be established during the PUD process.
Density:
10) The density shall be 4 dwelling units per acre over all residential land uses.
CITY OF CLERMONT
ORDINANCE
N0.581-Nt
Page -4-
NON-ESTABLISHED DISTRICT 3
N ED-3
Allowable Land Uses:
1) Retail sales.
2) Personal service establishments.
3) Professional offices.
4) Restaurants.
5) Automotive and truck repair service on Lots 1 and 2 and the eastern 100 feet of
Lots 18 and 19 of Block 72. (as amended through Ordinance 581-M, adopted Aug. 14, 2007, DCA 07-1)
6) Public and semi-public facilities.
7) Parks and recreational facilities.
8) Institutional facilities.
9) Directly related land uses such as utilities, streets, parking facilities and any other
activities that are compatible with the district.
Density:
10) Multi-family and residential development limited to a maximum density of 8
dwelling units per acre.
CITY OF CLERMONT
ORDINANCE
N0.581-M
Page -5-
ESTABLISHED BUSINESS DISTRICT 1
EBD-1
Allowable Land Uses:
1) Single family detached residences.
2) Multi-family attached residences.
3) Retail trade.
4) Professional offices.
5) Restaurants.
6) Personal service establishments. (as amended through Ordinance #568-M, adopted Nov. 28, 2006; DCA 06-2)
7) Tourist accommodations.
8) Automotive and truck repair service on the west 200 feet of the south 100 feet of
BIOCk 92. (as amended through Ordinance 581-M, adopted Aug. 14, 2007, DCA 07-1)
9) Public and semi-public facilities.
10) Parks and recreation facilities.
11) Directly related land uses such as utilities, streets, parking facilities and any other
activities that are compatible with the district.
Densi ;
12) New residential development will be limited to a maximum of 12 dwelling units
per acre.
CITY OF CLERMONT
ORDINANCE
N0.581-M
Page -6-
SECTION 4:
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•
All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are
hereby repealed.
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.
First reading this 24"' day of July 2007.
Second reading this 14`h day of August 2007.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY,• FLORIDA THIS 14TH DAY OF AUGUST 2007.
,,----
Harold S. Turville, Jr., Mayo
ATTES
cy Ackr d, City Cler
F~chibit A:
Legal description-Bosserman
A tract of land lying in Section 28, Township 22 South, Range 26 East, Lake County, Florida,
being more particularly described as follows:
Tract 21, LESS the West 20 feet, Tract 28 lying North of Hooks Street.
Exhibit B:
Legal description-Real Life Christian Church
Lake Highlands, Section 32, Township 22 South, Range 26 East, Tracts 3, 4 -less from the
southeast corner of Section 29, Township 22 South, Range 26 East, run N 89° 0' 42" W 1321.05
feet to the east line of Tract 3, S 0° 0' 39" W 15 feet for the POINT OF BEGINNING; thence run
N 89° 0' 42" W 387.23 feet, S 78° 36' 12" E 124.36 feet to the point of curvature of a curve
concave northerly having a radius of 850 feet and a chord bearing of S 84° 12' 06" E, thence run
easterly along the arc of said curve thru a central angle of 11° 11' 48" for a distance of 166.11
feet to the point of tangency, thence run S 89° 48' 0" E 100.27 feet to the east line, thence run N
0° 0' 39" E 35 feet to the POINT OF BEGINNING for road right-of-way -Plat Book 3, page 24,
ORB 1467, Page 2032. Containing 18.77 +/- acres
Exhibit C:
Legal description-Southern Fields Phase 111
Commence at the South '/4 corner of Section 10, Township 23 South, Range 26 East, Lake
County, Florida, thence run S 89° 56' S8" E along the South line of the Southeast '/a of said
Section 10 for a distance of 2669.63 feet to the Southeast corner of said Section 10; thence run N
00° 45' 07" E along the East line of said Southeast'/4 for a distance of 1500.48 feet to the POINT
OF BEGINNING; thence continue N 00° 45' 07" E along said Southeast '/4 for a distance of
1123.87 feet to the South right of way line of Hartwood Marsh Road; thence run S 89° 59' 21" W
along said South right of way line for a distance of 998.33 feet; thence leavin~ said South right
of way line run S 00° 00' 39" E for a distance of 147.00 feet; thence run S 89 59' 21" W for a
distance of 96.68 feet; thence run S 00° 00' 39" E for a distance of 50.00 feet; thence run S 89°
59' 21" W for a distance of 26.39 feet to the beginning of a tangent curve concave to the
Southeast and having a radius of 25.00 feet; thence run Southwesterly along the arc of said curve
for a distance of 38.92 feet through a central angle of 89° 12' 17" to the end of said curve; thence
run S 00° 47' 04" W for a distance of 1196.06 feet to the beginning of a tangent curve concave to
the Northeast and having a radius of 25.00 feet; thence run Southeasterly along the arc of said
curve for a distance of 39.59 feet through a central angle of 90° 44' 02" to the end of said curve;
thence run S 89° 56' S8" E for a distance of 113.69 feet; thence run N 00° 47' 04" E for a
distance of 143.05 feet; thence run S 89° 58' 48" E for a distance of 676.02 feet; thence run N
00° 45' 07" E for a distance of 143.41 feet; thence run N 89° 59' 21" E for a distance of 113.68
feet to the beginning of a tangent curve concave to the Southwest and having a radius of 25.00
feet; thence run Southeasterly along the arc of said curve for a distance of 39.60 feet through a
central angle of 90° 45' 46" to the end of said curve; thence run S 89° 14' S3" E for a distance of
50.00 feet; thence run N 00° 45' 07" E for a distance of 61.09 feet; thence run S 89° 14' S3" E
for a distance of 140.00 feet to the Point of Beginning.
Exhibit D:
Legal description-Jones
Clermont Lots 1, 2, Blk 72, PB 8, PG 17 ORB 778 PG 354; Also Clermont E 100 feet of Lots
18, 19, Blk 72 PB 8 PG 17 ORB 1010 PG 2423
F~chibit E
CHAPTER VII
INTERGOVERNMENTAL COORDINATION
INTERGOVERNMENTAL COORDINATION ELEMENT
Goals, Obiectives and Policies
GOAL: To establish viable mechanisms and process among the pertinent
governmental, public and private entities to ensure awareness and coordination
of all development activities, and provide effective and efficient utilization of all
available resources to ultimately enhance the quality of life for present and future
populations.
Objective 1: Upon plan adoption the City shall initiate formal mechanisms,
process, and Memorandums of Agreement which establish specific
intergovernmental coordination activities to occur on a systematic basis.
Policy 1- l : The City shall coordinate future planning activities with Lake County
to establish and manage a mutually compatible growth management framework,
with consideration to implementing such activity through an interlocal
agreement, which addresses the following planning and development issues:
a. Review and manage the impacts of development within adjacent
unincorporated lands, including impacts to adopted levels of
service; concurrency management issues; affects on annexation
issues; amendments to comprehensive plans and land
development regulations; location and timing of proposed
development; and impacts to conservation activities and
preservation of natural resources.
b. Review and compare municipal and Lake County land development
regulations applicable to respective adjacent lands for compatibility
and for conflict with growth management goals, objectives and
policies.
c. Develop mutually agreeable future land use designations for
adjacent unincorporated and incorporated land within any agreed
upon Joint Planning Area.
d. Focus commercial development along state roads to commercial
nodes in the incorporated areas where there are central services, and
designate lands in unincorporated areas adjacent to municipalities
to lower density, less-intensive land uses than permitted in the City
or designated service areas. (as amended through Ordinance 581-M, adopted Aug. I4, 2007, DCA
07-1)
Policy 1-2: The City shall coordinate growth management issues transcending
jurisdictional areas through cooperative communications with Lake County and
the City of Minneola at the staff and official government levels by presenting City
concerns through documented transmittals, scheduled meetings, attendance at
Lake County and adjacent city public hearings, joint ad hoc technical
coordination committees, and, where relevant, less formal communications. The
City shall promote reciprocal participation of Lake County and adjacent City staff
and officials in local growth management affairs. Growth management issues to
be pursued, but not limited to, comprise the following:
a. The City shall coordinate growth management activities with Lake
County to pursue appropriate land management for areas adjacent
to the City, including enclaves, to avoid conflict created by possible
placement of incompatible land uses and to establish compatibility
between City, county and adjacent city growth management efforts.
b. The City shall engage in mutual discussion with Lake County and
the City of Minneola, to establish an annexation policy to direct an
orderly and timely process of annexing unincorporated lands
adjacent to the City.
c. Mutually agreeable land use designations for unincorporated areas
within the confines of any service area or delineated annexation
zone, with emphasis on compatibility with both the City and
adjacent government Comprehensive Plan Future Land Use
Elements.
d. Agreements to Levels of Service to be provided by or to existing and
proposed development.
e. Determination of an appropriate concurrency management system
for development impacting the municipalities, the service areas or
delineated annexation zones.
f. Coordination for jurisdictional responsibility in provision of water,
sewer, traffic circulation, drainage, recreation or other necessary
facilities.
g. Availability of public facilities and services to meet demands
currently generated by existing development or that are anticipated
for eligible land use activities permitted within directives of the
adopted comprehensive plans.
Policy 1-3: Amend the existing interlocal agreement for the presently designated
joint planning area to adequately address mutual issues, logistics, and
responsibilities for managing future growth, and identify the legal requirements
necessary to validate any such agreement. The City shall participate with Lake
County to amend the current interlocal agreement to address the following
issues:
a. Expand the County's Technical Review Committee to include
representatives from the City of Clermont on issues concerning any
development of land or land use action within any agreed upon
Joint Planning Area; therewith granting equal rights and privileges
to City representatives as granted to current members of the
committee;
b. Determine land use authority for land within any agreed upon Joint
Planning Area, in coordination with the potential annexation policy
discussed in Policy 1-2(b).
c. Identify applicable level of service criteria for any agreed upon
Joint Planning Area.
Policv 1-4: The City shall continue to coordinate with private utility and service
providers such as Florida Power Company, Sumter Electric Company, Sprint,
Lake Apopka Natural Gas Company, and Cable Vision of Central Florida to
ensure the efficient and effective expansion of private utilities and services.
Policv 1-5: The City shall in coordination with Lake County and the Florida
Department of Transportation to establish concurrency management
mechanisms that will provide consistent level of service standards to be
maintained on major roadways in and around the City of Clermont.
Policv 1-6: The City shall coordinate traffic count inventory and analysis
programs with the Florida Department of Transportation and Lake County.
Policv 1-7: The City shall coordinate transportation planning activities with the
Florida Department of Transportation, East Central Florida Regional Planning
Council, Lake County, and the City of Minneola in order to protect and preserve
necessary future rights-of--way.
Policy 1-8: The City shall coordinate planning activities with the Florida
Department of Transportation, Florida Department of Agriculture, East Central
Florida Regional Planning Council, and Lake County to establish mechanisms for
delineation and adoption of corridor roadway systems in and around the City of
Clermont.
Objective 2: Upon plan adoption the City shall implement formal and informal
process, memorandums of agreement, and coordination mechanisms that
establish appropriate level of service standards, consistency and compatibility
between the City's adopted comprehensive plan and the mandated plans and
legislated activities of federal, state and regional governments or agencies
empowered with jurisdictional and quasi jurisdictional authority and/or service
facility provision and maintenance responsibility.
Policv 2-1: The City shall coordinate with St. Johns River Water Management
District, Florida Department of Environmental Protection, Federal Emergency
Management Agency (FEMA) and other appropriate state and federal agencies
that have jurisdictional authority or responsibility in the City to ensure water
quality, stormwater drainage, ar~d flood control measures are affected consistent
with impacts of development.
Policy 2-2: The City shall assist Lake County and the St. Johns River Water
Management District in development of a master stormwater basin management
plan that will be consistent with the City's Stormwater Management Plan.
Policy 2-3: The City in conjunction with Lake County, St. Johns River Water
Management District, Florida Department of Environmental Protection and other
affected federal, state, and local entities shall designate respective personnel to
investigate and formulate planning strategies for potential placement and
implementation of regional wastewater treatment facilities.
Policy 2-4: The City shall coordinate necessary activities with the plans,
programs, and administered legislative actions of the Florida Department of
Environmental Protection and Lake County to implement proper operation,
storage and disposal of both solid and hazardous waste.
Policv 2-5: The City shall coordinate appropriate activities with the Florida
Department of Environmental Protection, St. Johns River Water Management
District, Lake County Water Authority, and Lake County to effectively manage the
preservation and protection of surface and ground water quality and quantity,
and aquifer recharge areas. (as amended thr°ugh ordinance s81-M, adopted Aug. 14, 2007, DCA 07-1)
Policv 2-5.1: The City shall ensure that natural resources occurring in or
affecting more than one governmental jurisdiction are effectively managed to
preserve, protect, and enhance natural systems, wildlife, fisheries and habitat. (as
amended through Ordinance 581-M, adopted Aug. 14, 2007, DCA 07-1)
Policv 2-5.2: The City shall coordinate with existing resource protection plans of
other government agencies and entities including the Florida Department of
Environmental Protection, St. Johns River Water Management District, Lake
County and the Lake County Water Authority, as well as with nonprofit
environmental organizations to appropriately conserve and manage natural areas
and Open space. (as amended through Ordinance 581-M, adopted Aug. 14, 2007, DCA 07-1)
Polio: The City shall utilize the informal mediation process provided by the
East Central Florida Regional Planning Council for resolving conflicts with other
local governments when applicable.
Policy 2-7: Pursuant to the directives provided in Objective 2 of this element, the
City shall ensure the review of proposed development is coordinated with the
adopted comprehensive plans of East Central Florida Regional Planning Council,
Lake County, and the City of Minneola.
Policy 2-8: The City and the Lake County School Board shall discuss and
coordinate development plans for expansion of existing schools or development of
new education facilities within the City to assure such activities are consistent
with growth management directives established within the City Comprehensive
Plan. Issues shall include but not be limited to the impacts of facilities on
adopted levels of service (LOS) established for transportation, potable water,
wastewater, drainage and solid waste services.
Policy 2-9: Pursuant to the directives provided in Objectives 1 and 2, and their
specific implementing policies, the City shall ensure coordination exists between
appropriate state, regional, and local entities for establishment of level of service
standards on public facilities and maintenance responsibility far such designated
facilities.
Objective 3: Upon plan adoption the City shall provide appropriate mechanisms
to coordinate information and programs for the provision of housing and
recreational facilities.
Policy 3-1: The City shall solicit recommendations and assistance from various
public agencies, and quasi-public organizations such as the Department of State,
Division of Historic Resources, the Department of Community Affairs, Farmers
Home Administration, HUD, Florida Department of Children 8v Families, Lake
County Housing Authority and South Lake Chamber of Commerce to assist in
program funding, identification of structures and areas to be preserved for
historical purposes, and areas to be recommended for future community
revitalization type actions.
Policy 3-2: The City shall continue both formal and informal communication
mechanisms with appropriate state and regional agencies, such as the
Department of Community Affairs and East Central Florida Regional Planning
Council, to sustain availability of information on specific programs, projects, and
legislation pertinent to local governments, and provide technical assistance in
relationship to potential grants, DRIB and I.C. 8s R. reviews.
Policy 3-3: The City shall continue to coordinate with officials of the Lake County
School Board to ensure provision and availability of necessary infrastructure and
utilities consistent with location and construction of new educational facilities
and j or improvements to existing facilities.
Policy 3-4: The City shall engage in efforts with Lake County and Lake County
School Board for procurement, operation, and maintenance of parks and
recreation facilities.
Policy 3-5: The City shall continue to cooperate with state agencies as well as
with nonprofit environmental organizations in identifying programs and funding
sources to promote further development of community park and recreation
facilities and to coordinate with them in effectively managing existing natural
areas and open space. (as amended through Ordinance 581-M, adopted Aug. 14, 2007, DCA 07-1)