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2011-01-M CITY OF CLERMONT ORDINANCE No. 2011 -01 —M AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF 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 December 7, 2010 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 December 14, 2010 and January 11, 2011 on the proposed amendments to the plan in light of written comments, proposals and objections from the general public; NOW, THEREFORE, BE IT ORDAINED and enacted by the City Council of 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 Capital Improvements Element is hereby amended as shown in Exhibit A. 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. 1 CITY OF CLERMONT ORDINANCE No. 2011 -01 —M 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 All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.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. 2 CITY OF CLERMONT ORDINANCE No. 2011 -01 —M PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 11 day of January, 2011. 1 , ', CITY OF CLERMONT r ��f dAIP old S. Turvil e, Jr., Ma sr Rcu ATTEST: 9 Tracy Ackro, , , City Clerk 3 1 EXHIBIT A • CITY OF CLERMONT COMPREHENSIVE PLAN CHAPTER XIII CAPITAL IMPROVEMENTS ELEMENT Adopted June 23, 2009 Amended Nov. 24, 2009 Amended Jan. 11, 2011 THIS PAGE INTENTIONALLY LEFT BLANK 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 City'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 City's debt service shall 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. Ordinance #621 M Adopted Janc 23, 2009 Ordinance #2011 -01 M Amended Jan. 11.2011 XIII - CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS 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 Concurrency Management System. 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 City's 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 for Roadways shall be as follows: o "C" for US 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 Sewer 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. e The LOS standard for Potable Water is 185 gallons per capita per day. ' ® The LOS standard for Recreation and Open Space is 10 acres per 1,000 residents. ® The LOS standards for Stormwater Management facilities developed within the City are as follows: Facility- Type Design Storm Frequency and Duration Storm Sewers and Cross Drains 10 year /24 -hour Detention/ Retention Structures 50 year /24 -hour Retention with Percolation or Detention with Filtration 100 - year /24 hour • The level of service for Public Schools shall be set at 100 percent of Florida Inventory of School Houses (FISH) 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 concurrency service area map is required to ensure that the adopted LOS standards for concurrency 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 Ordinance #621 M Adopted June' 23, 2009 Ordinance #2011 -01 M Amended Jan. 11.2011 XIII -2 CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS 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 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 internal 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. Ordinance #2011 -01 M Amended Jan. 11. 2011 XIII -3 CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS 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 a Five -Year Capital Improvement Program annually along with the City's annual budget, which shall address all capital needs of the City. 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 City's 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 feasibility of 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: Orriinancc #621 M Adopted Jayne 23-, 2009 Ordinance #2011-01-M Amended Jan. 11. 2011 XIII -4 CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS • 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 maximum ratio of total debt service (principal and interest) to total revenue shall be that percentage deemed most beneficial to the City as determined by the City's financial advisors and its bond counsel based upon criteria set by the rating agencies and credit enhancement organizations. • 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. Ordinancc #621 M Adopted Junc 23, 2009 Ordinance #2011-01-M Amended Jan. 11. 2011 XIII -5 CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS Policy 1.6.2: The City of Clermont adopts by reference the Five -Year Facilities Master Plan FY 2010 2011 2011 -2015 as formally adopted by the Lake County School Board on Scptcmbcr 14, 2009, September 27, 2010, and as amended, into the City's Five -Year Schedule of Capital Improvements. (amended Jam 11. 2011. Ord. 2011 -01 -M) 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. Ordinance #621 M Adopted Jamc 23, 2009 Ordinance #2011 -01 M Amended Jan. 11. 2011 XIII -6 CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS THIS PAGE INTENTIONALLY LEFT BLANK Ordinance #621 M Adopted June 23, 2009 Ordinance #2011-01-M Amended Jan. 11.2011 XIII -7 CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS Appendix A Rule 9J- 5.0055, F.A.C., Concurrency Management System (3) MINIMUM REQUIREMENTS 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 satisfy the concurrency requirements: 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 by the 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 government, comprehensive plan), at a minimum, a local government shall meet the following standards to satisfy the concurrency requirement, except as otherwise provided in subsections (4) -(7) of this section. Ordinance #621 M Ail* qm c 23, 2009 Ordinance #2011 -01 M Amended Jan. 11. 2011 A -1 y I i d 1 , 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 improvement's 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 necessary facilities 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 concurrency requirements 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 permit, a proposed development may be 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 may be 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: Ofriinour #621 M Adopted Janc 23, 2009 Ordinance #2011-01-M Amended Jan. 11.2011 A -2 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 concurrency is applied on less than a district -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. Ordinance #621 M Adopted June 23, 2009 Ordinance #2011-01-M Amended Jan. 11, 2011 A -3 CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS THIS PAGE INTENTIONALLY LEFT BLANK O,Iinancc #621 M Abed . 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