O-592-MCITY OF CLERMONT
ORDINANCE
No. 592 - 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 THE GOALS, OBJECTIVES AND POLICIES OF
THE FUTURE LAND USE 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;
ESTABLISI~ING 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 4, 2008 and made recommendations to the City
Council for amendments to the plan; and
WHEREAS, the City Council of the City of Clermont held a public hearing
March 25, 2008 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:
Section 1.
After public hearings held by the City of Clermont Local Planning Agency and the
Clermont City Council, the Future Land Use Element of the Comprehensive Plan of the
City of Clermont is hereby amended as shown in Exhibit A.
CITY OF CLERMONT
ORDINANCE
No. 592- M
Page 2
Section 2.
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 3.
All ordinances or parts of ordinances in conflict with any of the provisions of this
ordinance are hereby repealed.
Section 4.
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 10th day of June 2008.
Second reading this 24`h day of June 2008.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 24`~ DAY OF JUNE 2008.
Harold S. Turville, Jr., Mayor
ATTEST:
~ ~~
Tracy Ackroyd, ity Clerk
Exhibit A
CHAPTER I
FUTURE LAND USE ELEMENT
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FUTURE LAND USE ELEMENT
Goals, Objectives and Policies
GOAL: Ensure that the character, magnitude, and location of all land uses
provides a system for orderly growth and development that achieves a balanced
natural, physical, and economic environment, and enhances the quality of life of
all residents.
Objective 1: Consistent with the time frames delineated by Chapter 163,
Florida Statutes, the City shall prepare, adopt, implement and enforce Land
Development Regulations which effectively guide and manage future growth.
Policy 1-1: In conformance with Section 163.3202, .Florida Statutes, the City
shall adopt and implement a unified Land Development Code which will regulate:
all land uses shown on the Future Land Use Map, the subdivision of land, the
location, size and the height of signage, and areas subject to seasonal or periodic
flooding.
Policy 1-2: The City shall develop and adopt specific regulations which provide
for drainage and stormwater management and protect potable water well fields
and aquifer recharge areas.
Policy 1-3: In conformance with Section 163.3202, Florida Statutes, the adopted
Land Development Code shall ensure properly designed and safe ingress/egress
is available to all sites, and that on-site traffic flow and parking shall be
adequate to meet annual maximum daily requirements.
Policy 1-4: In conformance with Section 163.3202, Florida Statutes, the adopted,
unified Land Development Code shall ensure and provide that development
orders shall be issued only upon certification that transportation facilities, water,
sewer, solid waste, or other required facilities and services are available to serve
proposed development at the adopted level of service, or are committed to be
available concurrent with a development's completion.
Policy 1-5: In conformance with Objective 1, above, the City shall establish,
adopt and implement density and intensity standards for all future land uses as
indicated on the Future Land Use Map and in the adopted Land Development
Regulations. Specifically, the Residential Land Use subcategories shall delineate
1-4 units per acre as low density, 5-8 units per acre as medium density, and 9-
12 units per acre as high density. Single family densities shall occur at 1-6
dwelling units/acre, mobile homes shall occur at 1-8 units/acre, and
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multi-family densities shall occur at 2-12 dwelling units/ acre. Commercial and
industrial intensities shall be implemented utilizing the following criteria:
a. Established impervious service coverage ratios as specified for each
development district designated in the adopted Land Development
Regulations.
b. Established parking requirement standards as specified in the adopted
Land Development Regulations.
c. Established landscape .and buffering standards as specified in the
adopted Land Development Regulations.
d. Established stormwater abatement standards specified in the adopted
Drainage Element of the Comprehensive Plan and Stormwater
Management chapter of the Land Development Regulations.
e. Commercial and industrial intensities shall not exceed a 1.0 floor area
ratio except those within the established Central Business District
(CBD) which shall not exceed a 3.0 floor area ratio. All other applicable
land use intensities shall remain as provided in Table I-2. ~~~ #301-M, adored
02/ 13/96, DCA Amendment # 9601 ~
Obaective 2: The City through adoption of the Future Land Use Element, and
the adoption of Land Development Regulations consistent with the time frames
delineated by Chapter 163, Florida Statutes, shall provide and ensure future
development and redevelopment activities are located in appropriate areas of the
City as illustrated on the adopted Future Land Use Map; which shall be
consistent with sound planning principles, and provides for control of urban
sprawl in conformance with directives of the adopted Future Land Use Element.
Future Land Use approvals shall be coordinated with and eased upon suitable
and appropriate topographic features, soil conditions and availability of facilities
and services.
Policy 2-1: The City shall advocate and foster the use of innovative land use
development techniques such as planned unit development projects and cluster
housing techniques.
Policy 2-2: Concentrate high density and intensity growth in and around areas
which are adequately served by transportation facilities, public utilities, and
community services and facilities.
Policy 2-3: In accordance with directives of this plan and the Future Land Use
Map, the City shall locate future land uses at densities and intensities which will
control all forms of urban sprawl and leap-frog development that unduly depletes
the physical, social, and financial resources of the City. The City shall use the
sprawl indicators in 9J-5.006 as guidelines for location of land uses and
infrastructure provision.
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Policv 2-4: High density (8 to 12 units per acre) and intensity (C-2 zoning uses)
growth shall not be permitted in conservation areas, or those areas best suited
for continued low density (1 to 4 units per acre) and intensity (C-1 zoning uses)
development.
Policy 2-5: Residential subdivisions shall be designed to include an efficient
system of internal circulation, including the provision of external collector
streets, where needed, to guide traffic onto external arterial roads and highways.
Policv 2-6: Develop a broad diversity of residential densities to satisfy the
housing preferences and income levels of City residents.
Policy 2-7: Protect residential areas from incompatible commercial and industrial
uses.
Policv 2-8A: Provide residential areas of sufficient density to economically
support adequate community facilities.
Policv 2-8B: As designated on the Future Land Use Map, public schools are an
allowable use in all land use categories except industrial and conservation areas.
Public technical/training schools may be located in industrial areas. The location
of public schools shall be proximate to existing and planned urban residential
areas to the extent possible, and shall be located based on siting criteria that
includes but is not limited to: school size, land area, land use compatibility,
environmental impacts, availability of public utilities, transportation impacts and
public safety. The City shall require the co-location of public facilities such as
parks, libraries and community centers, with public schools to the extent
possible. The following criteria shall apply:
a. Public elementary schools shall be sited primarily in residential areas that
include housing types and densities to meet the school's enrollment
capacity with students who are predominately within walking distance of
the school.
b. Public middle and high .schools may be sited in areas with a mix of land
uses, including commercial.
c. Access to public school sites should be from a collector road for middle
and high schools or a minor collector or local road for elementary schools.
Ingress and egress should not create detrimental impacts on roads
adjacent to the site. Approaches to the site should be safe for pedestrians,
bicycles, cars and buses.
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d. Public utilities shall be available to the site• ~~• #39~-M ~aopted 6~2~~00, A-».e.tan,.e~
#ss-oo}
Policy 2-9: Require central water and sewer systems for new urban
developments, which are designed to be compatible with future public utility
systems.
Policv 2-10: Isolated residential developments that require higher service costs
shall be prevented through proper implementation of policies 2-2, 2-3, 2-5, 2-8A,
2-11, 2-13, and other appropriate, adopted policies of this plan.
Policv 2-11: In conformance with directives of this comprehensive plan and the
Future Land Use Map, the City shall direct urban growth by providing
community facilities in prime expansion areas and withhold these facilities from
areas in which growth is to be discouraged.
Policv 2-12: Approve the location of new development on the basis of the land's
ability to support such uses without adversely affecting the natural environment
through use of proper site plan review procedures in conformance with directives
of the adopted Land Use Map series and criteria specified in the adopted Land
Development Code.
Folicy 2-13: Prior to approval of locating future development, evaluate the
impact of development on existing land use, in relation to employment,
transportation, and essential services such as sewer, water, police and fire
protection, and schools.
Policy 2-14: Promote development of commercial areas which are convenient to
the public, and well integrated into the transportation system and surrounding
land uses.
Policy 2-15: Commercial activities shall be guided to designated commercial
areas and nodes through the use of proper zoning district designations which are
appropriate to the intensity and type of use to be permitted, and pursuant to
directives of the Future Land Use Element.
Policv 2-16: Commercial activities shall be prohibited from locating in wetlands,
100-year flood plains or delineated conservation areas through the use of proper
site plan review procedures, adopted flood plain management objectives, and
adopted policies of this plan.
Policy 2-17: Locate planned shopping centers and development serving regional
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and community-wide markets at the intersections of existing and proposed
arterial roadways, in order to improve accessibility and minimize unnecessary
traffic.
Policy 2-18: Locate neighborhood shopping facilities within defined
neighborhoods, situated on collector roads.
Polic~r 2=19: Concentrate high intensity (C-2 zoning uses) commercial activities
in commercial nodes and buffer them from residential and open space areas.
Policy 2-20: Require adequate off-street parking and loading facilities in all
commercial areas.
Policy 2-21: The City shall, through application of proper development review
procedures identified by the criteria and standards established in the adopted
Land Development Regulations, permit industrial development which is
compatible with the natural environment, while planning the development of
prime industrial land as designated on the Future Land Use Map, in accordance
with anticipated development trends for industrial use as specified in the Future
Land Use Element.
Policy 2-22: Specifically permit the type, intensity, and location of industrial
development in such a way as to foster a diversified economic base, while not
being detrimental to the City's aesthetics and the quality of life through
appropriate land development district designation and adherence to proper
planning principles.
Policy 2-23: Designate the expansion of industry in those areas already having
industrial amenities where land use conflicts shall not occur.
Policy 2-24: Disallow industry from locating in residential areas.
Policy 2-25: Permit and sanction the clustering of industrial activities in new
industrial parks or in designated "industrial nodes," which are accessible to
adequate transportation facilities.
Policy 2-26: Protect existing industrial areas from encroachment by residential
and non-compatible commercial uses.
Policy 2-27: Separate industrial districts from residential and commercial
districts through adequate buffering and screening.
Policy 2-28: Provide approximately 11 acres of land suitable for industrial
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development to meet the growing industrial and employment needs of the City.
Policy 2-29: Disapprove industrial rezoning requests for lands which are not
located in industrial nodes or are incompatible with adjacent land uses.
Policy 2-30: Disallow industrial activities from locating in wetlands, 100-year
flood zones, and delineated conservation areas.
Policy 2-31: In accordance with Policies 2-7, 2-13, 2-15, 2-19, 2-21, 2-23, 2-24,
2-26, 2-27, 2-29 and 2-30, the City shall provide for the compatibility of adjacent
land uses.
Ob1ective 3: Upon Comprehensive Plan adoption, the City shall provide
appropriate Land Development Regulations and review measures to ensure that
all public facilities and services necessary to meet adopted level of service
standards are available concurrent with the impacts of the development.
Policy 3-1: Development permits shall be issued only upon certification that a
stormwater permit has been issued or exempted by the appropriate jurisdictional
agency, such as but not limited to, the City of Clermont, Florida Department of
Transportation, or St. Johns River Water Management District.
Policy 3-2: Development permits shall be issued only when level of service for
stormwater management can be met and demonstrated to the City Engineer and
the Department of Planning and Zoning by site design plans.
Policy 3-3: Mixed land uses shall be permitted in the designated Central
Business District (CBD) upon approval and in accordance with directives of the
Future Land Use Element, the presently established and historically utilized
future land use district designations specified in the Appendix "C" of the Future
Land Use Element, and criteria established in adopted Land Development Code,
to promote a historic, pedestrian, residential and business character for the
CBD.
Policy 3-4: The zone of protection shall be determined for each City potable
water well by the City engineer in coordination and cooperation with the St.
Johns River Water Management District, and these identified physical
boundaries shall be the basis on which the use of hazardous substances shall be
restricted, and which certain land uses which in and of themselves have a
likelihood to endanger potable water supplies shall be regulated. These
substances and/or uses shall be restricted and/or specially regulated for the
purpose of protecting potable water supplies. The wellhead zone of protection
shall be established and based upon pertinent hydrological information obtained
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for each individual site. Criteria for land use designation shall include a zone of
exclusion for all uses (150 - 300 feet) based upon the established residential land.
uses that presently surround the existing sites. Regulation shall occur on all
uses permitted within the remainder of the zone of influence. Prohibition of land
uses such as: 1) facilities for the bulk storage, handling or processing of
materials on the Florida Substance List; 2) activities that require the storage, use
or transportation of restricted substances, agricultural chemicals, petroleum
products, hazardous or toxic waste, or medical waste; 3) feed lots or other
commercial animal facilities; 4) wastewater treatl-nent plants, percolation ponds,
and similar facilities; 5) mines and excavation activities or facilities that may
intersect with the water table, shall be required within the defined zone of
influence.
Policy 3-5: All delineated conservation land in the City including ponds,
wetlands, 100-year flood plains and their associated vegetative communities,
shall be conserved and protected from the effects of urbanization and
development activities through the adoption and implementation of City Land
Development Regulations.
Policy 3-5A: The City shall ensure the preservation of natural communities and
listed animal species habitat throu~h land acquisition of natural areas and open
Space. (As amended through Ordinance #562-M, adopte July 25, 2006; DCA 06-I)
Policy 3-6: On-site traffic flow shall be controlled for safety, with appropriate
marking, and signage, while minimizing egress on to arterial roads, and
providing frontage or reverse frontage roads as designated by directives of the
Transportation Element.
Policv 3-7: On-site parking requirements for multi-family, industrial and
commercial development shall be required to provide adequate parking for
conditions based on maximal demand.
Policv 3_8: Require the dedication and construction of frontage or reverse
frontage roads to minimize the number of curb cuts on major roads.
Policy 3-9: The development of residential, commercial and industrial land uses
shall be timed and staged in conjunction with provision of supporting
community facilities, such as, but not limited to, streets, utilities, police and fire
protection service, emergency medical service and public schools.
Policv 3-10: The developer/ owner of any site shall retain ultimate responsibility
for on-site construction, maintenance, and management of stormwater runoff,
which shall be provided in such a manner that post-development runoff rates,
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volumes and pollutant loads do not exceed pre-development conditions.
Policy 3-11: The City shall formally adopt the Land Use Element Maps which
indicate 100-year flood hazard areas, ponding areas and wetland areas, as City
conservation areas (Map I-14) until such time as a Master Stormwater Drainage
Study and Plan is completed and adopted to specifically designate sites and
acreages to be reserved for conservation use.
Policy 3-12: The City will adopt Land Development Regulations to establish a
Concurrency Management System for public facilities.
Objective 4: Consistent with the time frames delineated by Chapter 163,
Florida Statutes, the City shall provide necessary measures to ensure
preservation and conservation of known historical resources.
Policy 4-0: The City, through its adopted Historic Preservation Ordinance, will
oprotect significant historic, cultural and archaeological resources. (As amended through
rdinance #592-M, adopted June 24, 2008; DCA 08-1)
Policy 4-0.1 The City shall identify and inventory sites of historical significance.
(As amended through Ordinance #592-M, adopted June 24, 2008; DCA OS-1)
Policy 4-0.2 The City's Land Development Regulations shall provide for the
protection of significant historic resources from the impacts of development and
redevelopment. (As amended through Ordinance #592-M, adopted June 24, 2008; DCA 08-1)
Policy 4-0.3 Historic resources and their environments shall be considered for
inclusion in public acquisition programs for appropriate passive recreation and
for open space and conservation. (As amended through Ordinance #592-M, adopted June 24; 2008; DCA 08-1)
Policy 4-1: If City construction activities reveal a suspected historical or
pre-historical archaeological site, the City shall determine the extent and nature
of the site and report such findings to the State of Florida, by a Master Site File
application, and mitigate any impacts upon the site if the site is determined to be
relatively intensive in cultural remains, or significant to the archaeological or
historical record. Such determination of site extent, nature and significance
shall be made by a professional archaeologist as recognized by the Florida
Department of State, Division of Historical Resources, Bureau of Historic
Preservation.
Policy 4-2: The City shall negotiate with landowners prior to the development
review process, to avoid disturbance of known historical and pre-historical sites.
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Policy 4-3: The City shall request the assistance of the Florida Department of
State, Division of Historical Resources, Bureau of Historic Preservation in
identifying sources of funding and programs as a means to identify, designate,
protect and preserve pre-historic sites and historic resources in Clermont.
Objective 5: Upon plan adoption, The City shall implement Housing Element
directives for renewal and revitalization of substandard housing target areas
within time frames and scope of assistance as identified within the element.
Policv 5-1: The City shall utilize available governmental programs such as, but
not limited to, the Community Development Block Grant program, for renewal
and revitalization of substandard housing sites as identified on Map III-3 of the
Housing Element.
Ob1ective 6: Upon plan adoption, the City shall provide specific mechanisms
which reduce or eliminate existing land uses that are inconsistent with the
community's character.
Policv 6_ 1: The City shall, through adoption of the Future Land Use Element,
Map Series, Land Development Code and City Zoning Map, reduce or eliminate
land uses that are inconsistent with the community's character.
Objective ?: Within the time frames established by 163.3202, Florida Statutes,
the City shall investigate, adopt, initiate, and enforce Land Development
Regulations to ensure the protection of the City's natural and historic resources.
Policy 7-1: The City shall adopt and enforce Land Development Codes and
regulations that protect wetlands, .100-year flood prone areas, surface and
ground water quality and quantity, endangered and threatened species,
vegetative communities and historic resources.
Objective 8: In conformance with concurrency objectives of the adopted
comprehensive plan, the City shall ensure that suitable land is available for
utility facilities to support proposed development.
Policv 8-1: The City shall monitor, evaluate, and provide level of service (LOS)
standards to ensure that suitable land is available for utility facilities to support
proposed development.
Objective 9: Within the time frames established by Chapter 163, Florida
Statutes, the City shall adopt a Land Development Code which contains
directives that utilize innovative Land Development Regulations.
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Policv 9-1: In conformance with Section 163.3202, Florida Statutes, the adopted
City Land Development Code shall provide criteria and standards to
accommodate innovative land development techniques such as those identified
in Policy 2-1 of this element.
Objective 10: Although the City of Clermont is not located within the Green
Swamp Area of Critical State Concern and not subject to Chapter 380, Florida
Statutes, the City shall cooperate with the appropriate state and local agencies
responsible for regulation and management of the resource.
Policy 10-1: The City shall utilize both formal and informal modes of
communication with the Florida Department of Community Affairs, St. Johns
River Water Management District, Florida Department of Environmental
Protection, Lake County and other appropriate state and local agencies that have
jurisdictional authority or responsibility for regulation and management of the
Green Swamp Area of Critical State Concern.
Objective 11: The Concurrency Management System provided in Appendix "D"
of the Future Land Use Element shall serve as the mechanism to monitor and
assure that public facilities and services are available concurrent with the
impacts of development.
Policv 11-1: In conformance with Objective 11 above, the City shall ensure that
all levels of service adopted in Policy 1-3 of the Capital Improvements Element
are monitored and maintained to meet the demands of permitted development
and redevelopment within Clermont.
Objective 12: Where applicable, the City shall coordinate land uses with hazard
mitigation reports in the current Lake County Emergency Management Plan.
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