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O-2015-07 CITY OF CLERMONT ORDINANCE No. 2015-07 AN ORDINANCE OF THE CITY COUNCIL 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 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 August 5, 2014 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 10, 2015 and March 24, 2015 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 Intergovernmental Coordination Element is hereby amended as shown in Exhibit A. 1 CITY OF CLERMONT ORDINANCE No. 2015-07 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 All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.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. 2 CITY OF CLERMONT ORDINANCE No. 2015-07 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Flonda on this 24t11 day of March, 2015. ' = . , F �, CITY OF CLERMONT r, A ' Gail L. Ash, Ma or ATTEST: cj.(leee7 o Tracy Ackroyd, City Cle Approved e e .i and legality: vet 41171F• antzaris, L CERiSC O T Choice of Champions` CITY OF CLERMONT COMPREHENSIVE PLAN CHAPTER XII INTERGOVERNMENTAL COORDINATION ELEMENT Adopted June 23, 2009 Amended March 24, 2015 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CLERMONT COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION CHAPTER XII INTERGOVERNMENTAL COORDINATION GOAL 1: To establish viable mechanisms among the pertinent governmental, public and private entities to ensure awareness and coordination of all development activities, and to provide effective and efficient utilization of all available resources to ultimately enhance the quality of life for present and future populations. Objective 1.1: Coordinate Comprehensive Plan. The City of Clermont shall coordinate comprehensive planning activities with Lake County, the cities of Mnnneola and Groveland, the Town of Montverde and the East Central Florida Regional Planning Council (ECFRPC). Policy 1.1.1: When considering comprehensive plan amendments the City shall review the Lake County,Mmneola,Montverde and Groveland comprehensive plans, as applicable. Policy 1.1.2: The City shall review and compare municipal and Lake County land development regulations apphcable to respective adjacent lands for compatibnhty and for conflict with growth management goals, objectives and policies Policy 1.1.3: The City shall participate in the ECFRPC's Strategic Regional Pohcy Plan review and update process as mandated by state statute. Objective 1.2: Impacts of Development. The City shall ensure that the impacts of development proposed in the City's comprehensive plan are coordinated with adjacent municipalities, Lake County, the Lake County School Board, the ECFRPC's Strategic Regional Pohcy Plan, the Lake-Sumter Metropolitan Planning Organization (MPO), and the state. Policy 1.2.1: The City shall notify Lake County and adjacent municipalities as part of the development review process when impacts of a development may impact those jurisdictions Policy 1.2.2: The City shall coordinate with the ECFRPC and other applicable governmental agencies when developments requiring Chapter 380, Florida Statutes review are within the City's jurisdiction. Policy 1.2.3: The City shall coordinate transportation planning activities with the Florida Department of Transportation (FDOT), ECFRPC, Lake-Sumter MPO, Lake County and the adjacent municipahties to protect and preserve necessary future rights-of-way. Policy 1.2.4: The City shall coordinate planning activities with the FDOT, the Florida Department of Agriculture, the ECFRPC, the Lake-Sumter MPO and Lake County to establish mechanisms for delineation and adoption of corridor roadway systems in and around the City of Clermont. Objective 1.3: Coordinate Level of Service (LOS) Standards. The City shall implement formal and informal process, memorandums of agreement and coordination mechanisms that estabhsh appropriate level of service standards, consistency and compatnbnhty 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-junsdictnonal authority and/or service facility provision and maintenance responsibility. Ordinance#621-M Adopted June 23,2009 XII-1 CITY OF CLERMONT COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION Policy 1.3.1: The City shall coordinate with the Lake-Sumter MPO, Lake County and the FDOT to establish concurrency management mechanisms that will provide consistent LOS standards to be maintained on major roadways in and around the City of Clermont. Policy 1.3.2: The City will coordinate adopted solid waste LOS standards with Lake County. Policy 1.3.3: The City shall coordinate with St. Johns River Water Management District (SJRWMD), Florida Department of Environmental Protection (FDEP), 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 and flood control measures are addressed consistent with impacts of development Policy 1.3.4: The City in conjunction with Lake County, SJRWMD, FDEP 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 1.3.5: The City shall coordinate necessary activities with the plans, programs and administered legislative actions of FDEP and Lake County to implement proper operation, storage and disposal of both solid and hazardous waste. Policy 1.3.6: The City shall coordinate appropriate activities with the FDEP, SJRWMD (including consistency with the District's ERP and CUP rules), 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. Policy 1.3.7: 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. This includes ensuring its stormwater management, aquifer recharge and reuse water policies and projects are consistent with the goals of the SJRWMD Lake Apopka Surface Water Improvement and Management (SWIM) Plan and the Upper Ocklawaha River Basin SWIM Plan to protect oro enhance water quality and natural systems. Policy 1.3.8: The City shall coordinate with existing resource protection plans of other government agencies and entities including the FDEP, SJRWMD,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. Policy 1.3.9: The City shall participate in the development of updates to the SJRWMD's Water Supply Assessment and District Water Supply Plan and in other water supply development-related initiatives facilitated by SJRWMD that affect the City. Objective 1.4: Conflict Resolution. The City will provide for informal or formal conflict resolution mechanisms when necessary to deal with issues of intergovernmental coordination. Policy 1.4.1: The City shall utilize the informal mediation process provided by the ECFRPC for resolving conflicts with other local governments when applicable. Ordinance#621-M Adopted June 23,2009 XII-2 CITY OF CLERMONT COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION Policy 1.4.2: The City shall provide for joint meetings of the City Council and the Lake County Board of County Commissioners to resolve issues relating to intergovernmental coordination. Objective 1.5: Coordinate Growth Management Issues. The City shall coordinate growth management issues transcending jurisdictional areas through cooperative communications with Lake County and neighboring municipalities at the staff and elected official levels by presenting the City of Clermont's concerns through documented transmittals, scheduled meetings, attendance at Lake County and adjacent cities' pubhc hearings, joint ad hoc technical coordination committees, execution of interlocal agreements if applicable and, where relevant, less formal communications within one year of the adoption of this element. Policy 1.5.1: The City shall coordinate growth management activities with Lake County to pursue appropnate, compatible 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 the adjacent cities' growth management efforts. Policy 1.5.2: The City shall engage in mutual discussion with Lake County, the Town of Montverde, and the cities of Miineola and Groveland to establish an annexation policy to direct an orderly and timely process of annexing unincorporated lands adjacent to the City. Policy 1.5.3: The City shall develop mutually agreeable land use designations for unincorporated areas within the confines of any service area or delineated annexation zone. The emphasis shall be on compatibihty with both the City and adjacent governments' comprehensive plan future land use elements. Policy 1.5.4: The City shall focus commercial development along state roads to commercial nodes in the incorporated areas where there are central services, and shall designate lands in unincorporated areas adjacent to municipalities to lower residential densities, and less intensive land uses than permitted in the City or designated service areas. Policy 1.5.5: The City shall amend the existing mterlocal agreement for the presently designated Joint Planning Area to adequately address mutual issues, logistics, responsibilities for managing future growth and legal requirements necessary to validate any such agreement. The City shall participate with Lake County to amend the current mterlocal agreement, as needed, to address the following issues: • Expansion of 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; • Determination of land use authority for land within any agreed-upon Joint Planning Area;and • Identification of applicable level of service criteria for any agreed-upon Joint Planning Area Policy 1.5.6: The City shall coordinate with Lake County through the adopted Interlocal Service Boundary Agreement (ISBA), formally adopted December 2, 2014, which addresses lands that may be annexed, water and sewer service delivery, maintenance of right-of-way, Ordinance#621-M Adopted June 23,2009 XII-3 CITY OF CLERMONT COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION land development regulations, solid waste, sharing of equipment and resources, and fire and reSCUe'SerV1CeS. (Adopted Mar 24,2015,Ord 2015-07) Policy 1.5.7: The City shall establish joint processes for the siting of facilities with county- wide significance, including locally unwanted land uses, such as solid waste disposal facilities. Objective 1.6: Housing and Recreational Facilities. The City shall provide appropriate mechanisms to coordinate information and programs for the provision of housing and recreational facilities. Policy 1.6.1: The City shall solicit recommendations and assistance from various public agencies and quasi-pubhc organizations such as the Florida Department of State, Division of Historic Resources, the Florida Department of Community Affairs (DCA), Farmers Home Administration, HUD, Florida Department of Children & 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 identification of potential areas to be recommended'for future community revitalization type actions. Policy 1.6.2: The City shall continue both formal and informal communication with appropriate state and regional agencies, such as the DCA and the ECFRPC, to sustain availability of information on specific programs, projects, and legislation pertinent to local governments and to provide technical assistance for potential grants and Development of Regional Impact (DRI) reviews. Policy 1.6.3: 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/or improvements to existing facilities. Policy 1.6.4: The City shall engage in efforts with Lake County and the Lake County School Board for procurement, operation and maintenance of parks and recreation facilities. Policy 1.6.5: The City, shall continue to cooperate with state agencies in identifying programs and funding sources to promote further development of community parks, open space and recreation facilities. Policy 1.6.6: 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 parks, open space and recreation facilities and to coordinate with them in effectively managing existing natural areas and open space. Objective 1.7: School Coordination. The City of Clermont will coordinate with the Lake County School Board with regard to school siting criteria, collocation of facilities and planning coordination within one year of the adoption of this element. Policy 1.7.1: 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 estabhshed within-the City's comprehensive plan. Issues shall include the impacts Ordinance#621-M Adopted June 23,2009 XII-4 CITY OF CLERMONT COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION of facilities on adopted LOS standards established for public school facilities, transportation, potable water,wastewater, drainage and solid waste services. Policy 1.7.2: The City shall provide the Lake County School Board with information regarding proposed new developments to assist its efforts in planning new schools and to solicit its review comments. Policy 1.7.3: The City shall abide by and enforce the interlocal agreement between the City and the Lake County School Board to require cooperation in terms of population projection and school siting Policy 1.7.4: The Lake County School Board shall provide facilities plans and population projections on an annual basis to ensure that consistency is maintained between the two. Policy 1.7.5: The Lake County School Board shall provide the City with any plans to site schools within the corporate limits or joint planning area Policy 1.7.6: The City shall provide to the Lake County School Board all applications for land use plan amendments that have the potential of increasing residential density and that may affect student enrollment, student enrollment projections or school facilities. Policy 1.7.7: The City shall allow a member of the Lake County School Board to sit as an ex-officio member on the Local Planning Agency and comment on proposals that have the potential to increase density. Policy 1.7.8: The City will take part in the Lake County Educational Concurrency Review Committee established by Lake County,Lake County School Board and the municipalities of Lake County that shall meet at least annually as outlined in the mterlocal agreement between Lake County, Lake County School Board and municipalities for school facilities planning and siting, and will hear reports and discuss issues concerning school concurrency. Policy 1.7.9: The City will take part in the Joint Staff School Concurrency Review Group, comprised of staff of Lake County, the municipalities of Lake County, and the Lake County School Board, that shall meet at least quarterly, as outlined in the interlocal agreement between Lake County, Lake County School Board and the municipalities of the county, for school facilities planning and siting, to discuss issues concerning school concurrency. These issues shall include but not be limited to land use, school facilities planning, including such issues as population and student projections, level of service, capacity, development trends, school needs, co-location and joint use, and ancillary infrastructure improvements needed to support schools and ensure safe student access. The Lake County School Board staff shall be responsible for making meeting arrangements. Policy 1.7.10: The City will provide full cooperation and coordination with the Lake County School Board, as needed, to coordinate planning activities and maximize the use of available public facilities Policy 1.7.11: The City will pursue formalization of existing agreements with the Lake County School Board for the use of school facilities for recreation services and activities. Agreements should establish a level of service ratio to determine the maximum allowable use Ordinance#621-M Adopted June 23,2009 XII-5 CITY OF CLERMONT COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION of the facilites for public access to optimize the use of the facilities and to help the City determine its long-term recreation needs. Ordinance#621-M Adopted June 23,2009 XII-6 CITY OF CLERMONT COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ( d THIS PAGE INTENTIONALLY LEFT BLANK Ordinance#621-M Adopted June 23,2009 XII-7