O-626-MCITY OF CLERMONT
ORDINANCE
NO. 626-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 CAPITAL IMPROVEMENTS 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 November 3, 2009 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
November 10 and November 24, 2009 on the proposed amendments to the plan in light of
written comments, proposals and objections from the general public;
Florida that:
NOW THEREFORE, be it resolved and enacted by the City of Clermont,
SECTION 1:
After public hearings held by the City of Clermont Local Planning Agency and the
Clermont City Council, the Capital Improvements Element is hereby amended as shown
in Exhibit A.
CITY OF CLERMONT
ORDINANCE
NO.626-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ordinance are hereby repealed.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.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 24TH DAY OF NOVEMBER
2009 .
.--,'^_
Harold S. Turville, Jr., Mayor
ATTES~
!' .
~,~~-c
Tracy Ackroyd, ity C rk
4
Exhibit A
CITY OF CLERMONT
COMPREHENSIVE PLAN
CHAPTER XI I I
CAPITAL I M PROVEM ENTS ELEMENT
Adopted June z3, zoog
Amended Nov. z~, zoog
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
CHAPTER XIII
CAPITAL IMPROVEMENTS
GOAL 1: Through the use of sound fiscal policies and the adoption of a financially
feasible Five-Year Schedule of Capital Improvements, the City shall ensure the timely and
efficient provision of public facilities for all existing and future development.
Objective 1.1: Capital Facilities Needs. The Capital Improvements Element shall be updated
annually to meet the City's existing and projected needs for the construction of capital facilities
necessary to meet existing deficiencies, to accommodate desired future growth and to replace
obsolete or worn-out facilities.
Policy 1.1.1: The implementation of the Capital Improvements Element shall be
monitored annually during the Cit}~s budget process.
Policy 1.1.2: Capital improvements identified and proposed within each individual
element of the comprehensive plan shall be consistent with those proposed in the Five-
Year Schedule of Capital Improvements. Sources of revenue identified within the Capital
Improvements Element shall provide direction in expenditures for capital improvements.
Policy 1.1.3: The Cites debt service sl-iall not exceed 20 percent of annually budgeted
revenues.
Policy 1.1.4: The City shall reserve enterprise fund surpluses, unless otherwise indicated,
for major capital expenditures.
Policy 1.1.5: Efforts shall be made to secure grants or private funds whenever available to
implement the Capital Improvements Element.
Policy 1.1.6: The City shall continue to require collection and utilization of a proportion
of impact fees under the auspices of Lake County, and to develop, adopt and implement
City impact fees for the purpose of subsidizing the costs of public facility improvements.
Objective 1.2: Concurrency Management. The City shall implement the Concurrency
Management System adopted in the City's Land Development Code, which is consistent with
sections 163.3177 and 163.3180, F.S. and the minimum requirements for concurrency established in
Rule 9J-5.0055 (3), F.A.C. (included as Appendix A of this element), to manage the land
development process so that public facility needs created by previously issued development orders
or future development do not exceed the City's ability to fund and provide needed capital
improvements.
Policy 1.2.1: The concurrency evaluation system shall measure the potential impact of
any development proposal on the established minimum acceptable level of service (LOS)
standards for sanitary sewer, solid waste, stormwater, potable water, parks and recreation
and transportation facilities, unless the development is exempt from the review
requirements of the Concurrency Management System.
Policy 1.2.2: No development permit or order shall be issued unless adequate public
facilities are available to serve the proposed development as determined by the concurrency
evaluation in the adopted ConcurrencyManagement System.
Ordiranc~ # 621-M A dopta~Jura 23, 2009
XIII-1
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Policy 1.2.3: The City shall require all public and private capital facilities to provide service
at the LOS standards adopted in this comprehensive plan for previously vested, existing
and future permitted development. These capital facilities shall be provided concurrently
with the impacts of development based on the minimum requirements in the Cites adopted
Concurrency Management System.
Policy 1.2.4: The City hereby adopts the following minimum level of service (LOS)
standards, which must be retained in reviewing the impacts of new development and
development on public facilities:
• The LOS standard forRazc shall be as follows:
o "C" for LTS 27/SR 25, which is a strategic intermodal system (SIS)
o "D" for SR 50
o "D" for all minor arterials and collectors
• The LOS standard for Sanitary Seieer is 70 gallons per capita per day at peak flow rate.
• The LOS standard for Solid Waste is 6.63 pounds per capita per day.
• The LOS standard for P~able Water is 185 gallons per capita per day.
• The LOS standard for Rermati~c and O[~n Spaco is 10 acres per 1,000 residents.
• The level of service for Public Sd~ooJs shall be set at 100 percent of Florida Inventory
of School Houses (FISI~ permanent capacity. In instances where the CORE
(dining) capacity is greater than the FISH permanent capacity, the school capacity
shall then be increased to that of the CORE (dining) capacity and the LOS standard
maintained at 100 percent of the school capacity. In no instance shall the school
capacity increase more than 125 percent due to additional CORE (dining) capacity.
Coordination with the Lake County School Board's Five-Year District Facilities
Work Plan, the plans of other local governments, and as necessary, updates to the
concurrenty service area map is required to ensure that the adopted LOS standards
for concurrenty service areas will be achieved and maintained.
Policy 1.2.5: The City shall monitor the availability of public facilities and services
through: 1) the maintenance of a cumulative record of the LOS allocations permitted by the
approval of development orders relative to the operating LOS for the applicable public facilities
and services for which LOS standards have been established; the maintenance of a record of
all applicable public facility and service capacities that have been reserved as a result of
approved capacity reservation; and the preparation of an annual report concerning the
status of all LOS and capacities.
Objective 1.3: New Development The City shall ensure that new developments share a
proportionate share of the costs required to maintain adopted LOS standards through the
Ordirarxs # 621-M A doptai'Jur,~ 23, 2009
XIII-2
• The LOS standards for StornueuterMana~rrertt facilities developed within the City are
as follows:
CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
assessment of impact fees or developer contributions, dedications and/or construction of capital
facilities necessary to serve new development as required in other elements of this plan.
Policy 1.3.1: New development shall be responsible for installing all internal water and
sewer systems, traffic circulation systems and internal recreation open space facilities within
the development. In addition, connections of intemal systems to the City's designated
water and sewer systems and traffic circulation network shall be the financial responsibility
of the developer.
Policy 1.3.2: All development order applications shall be evaluated as to the impact of the
development on capital facilities and the operation and maintenance of those facilities. The
evaluation shall include, but not be limited to, the following:
• Expected capital costs, including the installation of required new facilities that are
related to the development.
• Expected operation and maintenance costs associated with the new facilities required
by the development.
• Anticipated revenues from the development, including impact fees, user fees and
future taxes.
Policy 1.3.3: The land development regulations shall continue to require land dedication,
payment-in-lieu-of-dedication or other forms of impact exaction as a requirement of land
development to secure easements for utility and traffic circulation systems.
Policy 1.3.4: The City, through adoption and implementation of land development
regulations, comprehensive plan goals, objectives and policies, impact fees, other impact
exactions, implementation of the annual budget and five-year capital improvements
schedule, shall ensure the availability of public facilities and services concurrent with the
impacts of development. Development shall not be approved unless the necessary
infrastructure items and services are available subsequent to plan adoption.
Policy 1.3.5: The City shall continue to participate with Lake County and the Lake-Sumter
Metropolitan Planning Organization (MPO) in the transportation impact fee program or
shall adopt and implement a schedule of City impact fees to ensure that new development
provides a pro rata share of the costs required to finance public facility improvements
necessitated by such development.
Policy 1.3.6: When applicable, the City may require a developer to execute a development
agreement and/or develop a proposed project in phases to ensure the timely and
appropriate installation of needed capital facilities to service new development. Such
agreements will be executed under the City's constitutional home rule power and will follow
the procedures set forth in Chapter 163.3220, Florida Statutes.
Objective 1.4: Evaluation of Capital Projects. The City's capital projects shall be evaluated to
determine if they meet prioritization criteria and consistency with adopted level of service standards
and/or public need.
Policy 1.4.1: The City's finance director shall prepare aFive-Year Capital Improvement
Program annually along with the City's annual budget, which shall address all capital needs
of the City.
Ordinance # 621-M A d~ta~June 23, 2009
XIII-3
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Policy 1.4.2: As part of the annual budgeting process, the City Council, city manager and
department directors shall participate in a capital facilities planning process to evaluate and
rank projects proposed for inclusion in the Five-Year Schedule of Capital Improvements,
based on the following criteria:
• Whether the project is needed to protect the public health and safety, fulfill the
City's legal commitment to provide facilities and services or preserve or achieve full
use of existing facilities.
• Whether the project increases efficiency or use of existing facilities, prevents or
reduces future improvement costs, provides service to developed areas lacking full
service or promotes infill development.
• Whether the project represents a logical extension of facilities and service from the
City to the Lake County/Clermont Joint Planning Area, or is compatible with
applicable plans of state agencies or that may provide public facilities within the
Cites jurisdiction.
• Whether the project is coordinated with major projects of other state agencies and
adjacent jurisdictions.
• Whether the project implements the policies of the comprehensive plan pertaining to
concurrency requirements.
• Whether the project is financially feasible.
Policy 1.4.3: Requests for capital projects shall be evaluated on their impact on the City
budget and the financial feasibilityof the project based on the following criteria:
• The finance director shall determine if the capital project can be funded from
existing cash, future revenues or through borrowing. In addition, the finance
director shall assign revenue sources to fund the project.
• The Finance Director shall prepare a report evaluating the funding options, the
effect of the improvement on future revenues and the effect of the improvement on
operation and maintenance costs.
Objective 1.5: Debt Management. The City shall adopt policies and procedures which address
the management and utilization of debt for capital project financing.The City will use line-of-credit
borrowing or bond anticipation notes for specific construction projects and shall issue revenue-
pledged debt at the completion of construction only if current funds are not adequate to pay for
construction.
Policy 1.5.1: The use of revenue bonds as a debt instrument shall be evaluated based on
the following criteria:
• Debt will not be issued to finance normal repairs and maintenance.
• Debt can be issued to make renovations, updates, modernizations and rehabilitations
provided that the expenditures extend the useful life of the capital asset.
• The iiiaximum ratio of total debt service (principal and interest) to total revenue shall
be that percentage deemed most beneficial to the City as deternvned by the Cites
financial advisors and its bond counsel based upon criteria set by the rating agencies
and credit enhancement organizations.
Ordimrxs # 621-M A do~ital June 23, 2009
XIII-4
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
• The impact of principal and interest revenue bond payments on the operation and
maintenance of the affected utility and/or department will not require deferring the
current maintenance of existing infrastructure.
• The impact of bond covenants and restrictions on the City's method of accounting
for depreciation shall be evaluated, as well as the impact of any reserve account
restrictions on the operation and maintenance of the affected utility and/or
department.
• Cash restricted due to bond and grant covenants will be budgeted in accordance with
the terms of the covenants.
Capitalized repairs of existing infrastructure will be paid from funds restricted by
debt covenants and current revenues. Debt will not be issued to finance capitalized
repairs.
Policy 1.5.2: The use of tax revenues as a pledge for the repayment of debt shall be
evaluated based on the following criteria:
• A five-year projection of revenues from all taxes shall be prepared and updated
annually as a part of the City's budget process. An analysis of historic and future
trends in the tax revenue stream will be a part of the projection process.
• At the time of issuance of new debt, a review shall be conducted to ensure that the
maximum amount of general government debt shall not exceed 20 percent of the
City's annually budgeted revenues.
Policy 1.5.3: The City may use long-term capital lease payments on lease purchases for
capital projects identified within this element, provided adequate debt service requirements
are provided.
Objective 1.6: Schedule of Capital Improvements. In order to maintain adopted LOS
standards, the City shall coordinate land use decisions and available or projected fiscal resources to
correct existing deficiencies identified in the comprehensive plan, accommodate desired future
growth and replace worn out or obsolete facilities through the annual adoption of a Five-Year
Schedule of Capital Improvements.
Policy 1.6.1: Capital projects included in the Five-Year Schedule of Capital
Improvements shall be defined as those projects identified within the comprehensive plan
that are necessary to maintain adopted LOS standards including increasing the capacity or
efficiency of existing facilities and/or replacing failing facilities.
Policy 1.6.2: The City of Clermont adopts by reference the Five-Year Facilities Master
Plan FY '^^~°~-'~3 2010-2014 as formally adopted by the Lake County School Board on
Segten~~3~,z'~24`; September 14, 2009, and as amended, into the City's Five-Year
Schedule of Capital Improvements. ~~N~ za, zoo9, opt 6z~-Nr~
Policy 1.6.3: The City hereby adopts the Five-Year Schedule of Capital Improvements
included as Appendix B of this element, which will be updated on an annual basis.
Ordimrx~ # 621-M Adopta~Jur~ 23, 2009
XIII-5
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
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Ordirarxe # 621-M A doptaa'Jur.~ 23, 2009
XIII-6
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Appendix A
Rule 9J-5.0055, F.A.C., Concurrency Management System
(3) MINIMUM REQUIREMEN'T'S FOR CONCURRENCY. Every jurisdiction shall maintain
a concurrency management system to ensure that public facilities and services to support
development are available concurrent with the impact of development, consistent with the
provisions of this Chapter.
(a) For sanitary sewer, solid waste, drainage, and potable water facilities, at a minimum, a local
government shall meet the following standards to satisfythe concurrencyrequirements:
1. A development order or permit is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services
are in place and available to serve the new development; or
2. At the time the development order or permit is issued, the necessary facilities and services are
guaranteed in an enforceable development agreement, pursuant to Section 163.3220, F.S., or an
agreement or development order issued pursuant to Chapter 380, F.S., to be in place and available to
serve new development at the time of the issuance of a certificate of occupancy or its functional
equivalent. [Section 163.3180(2)(a), F.S.]
(b) For parks and recreation facilities, at a minimum, a local government shall meet the following
standards to satisfy the concurrency requirement:
1. At the time the development order or permit is issued, the necessary facilities and services are
in place or under actual construction; or
2. A development order or permit is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary
facilities and services to serve the new development is dedicated or acquired bythe local
government, or funds in the amount of the developer's fair share are committed; and
a. A development order or permit is issued subject to the conditions that the necessary facilities
and services needed to serve the new development are scheduled to be in place or under actual
construction not more than one year after issuance of a certificate of occupancy or its functional
equivalent as provided in the adopted local government 5-year schedule of capital improvements; or
b. At the time the development order or permit is issued, the necessary facilities and services are
the subject of a binding executed agreement which requires the necessary facilities and services to
serve the new development to be in place or under actual construction not more than one year after
issuance of a certificate of occupancy or its functional equivalent; or
c. At the time the development order or permit is issued, the necessary facilities and services are
guaranteed in an enforceable development agreement, pursuant to Section 163.3220, F.S., or an
agreement or development order issued pursuant to Chapter 380, F.S., to be in place or under actual
construction not more than one year after issuance of a certificate of occupancy or its functional
equivalent. [Section 163.3180(2)(b), F.S.]
(c) For transportation facilities (roads and mass transit designated in the adopted local
govemment comprehensive plan), at a minimum, a local government shall meet the following
standards to satisfythe concurrency requirement, except as otherwise provided in subsections (4)-(7)
of this section.
Orclinzrxe # 621-M A doptecl June 23, 2009
Al
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
1. At the time a development order or permit is issued, the necessary facilities and services are in
place or under construction; or
2. A development order or permit is issued subject to the conditions that the necessary facilities
and services needed to serve the new development are scheduled to be in place or under actual
construction not more than three years after issuance of a certificate of occupancy or its functional
equivalent as provided in the adopted local government five-year schedule of capital improvements.
The schedule of capital improvements may recognize and include transportation projects included in
the first three years of the applicable, adopted Florida Department of Transportation five year work
program The Capital Improvements Element must include the following policies:
a. The estimated date of commencement of actual construction and the estimated date of project
completion.
b. A provision that a plan amendment is required to eliminate, defer, or delay construction of
any road or mass transit facility or service which is needed to maintain the adopted level of service
standard and which is listed in the five-year schedule of capital improvements; or
3. At the time a development order or permit is issued, the necessary facilities and services are
the subject of a binding executed agreement which requires the necessaryfacilities and services to
serve the new development to be in place or under actual construction no more than three years
after the issuance of a certificate of occupancy or its functional equivalent; or
4. At the time a development order or permit is issued, the necessary facilities and services are
guaranteed in an enforceable development agreement, pursuant to Section 163.3220, F.S., or an
agreement or development order issued pursuant to Chapter 380, F.S., to be in place or under actual
construction not more than three years after issuance of a certificate of occupancy or its functional
equivalent. [Section 163.3180(2)(c), F.S.]
5. For the purpose of issuing a development order or permit, a proposed urban redevelopment
project located within a defined and mapped Existing Urban Service Area as established in the local
government comprehensive plan pursuant to Section 163.3164(29), F.S., shall not be subject to the
concurrencyrequirements of subparagraphs 9J-5.0055(3)(c)1: 4., F.A.C., of this chapter for up to
110 percent of the transportation impact generated by the previously existing development. For the
purposes of this provision, a previously existing development is the actual previous built use which
was occupied and active within a time period established in the local government comprehensive
plan. [Section 163.3180(8), F.S.]
6. For the purpose of issuing a development order or pernlit, a proposed development maybe
deemed to have a de minimis impact and may not be subject to the concurrency requirements of
subparagraphs 9J-5.0055(3)(c)1: 4., F.A.C., only if all of the conditions specified in subsection
163.3180(6), F.S., are met. [Section 163.3180(6), F.S.]
7. A development order or permit within a designated multimodal transportation district maybe
issued provided the planned community design capital improvements are included in a financially
feasible long range schedule of improvements for the development or redevelopment time-frame for
the district, without regard to the period of time between development or redevelopment and the
scheduled construction of the capital improvements as specified in Section 163.3180(15)(c), F.S.
(d) For school facilities, a local government shall meet the following minimum standards to
satisfy the concurrency requirement:
Ordim~ # 621-M AdoptedJur~ 23, 2009
A2
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
1. For district-wide concurrency service areas:
a. At the time the residential development order or permit is issued, the necessary facilities and
services are in place or under construction; or
b. A residential development order or permit is issued subject to the conditions that the
necessary facilities and services needed to serve the new development are scheduled to be in place or
under construction not more than 3 years after permit issuance as provided in the adopted public
school facilities program,
2. For less than district-wide concurrency service areas: If public school concturency is applied
on less than adistrict-wide basis in the form of concurrency service areas, a residential development
order or permit shall be issued only if the needed capacity for the particular service area is available
in one or more contiguous service areas and school capacity is available district-wide as defined in
Section 163.3180(13)(e), F.S.
Orc~'inzrxe # 621-M Adopted Jury 23, 2009
A3
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
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Ordirarxe # 621-M AdoptalJune 23, 2009
A4
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