Ordinance No. 2020-28CITY OF CLERMONT
tr.ar ORDINANCE NO.2020-28
AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY
FLORIDA, RELATED TO CONCURRENCY MANAGEMENT, AND
AMENDING THE CODES OF ORDINANCES, CHAPTER 90
CONCURRENCY MANAGEMENT, ARTICLE III, SECTION 90-31.
SCHOOL CONCURRENCY; AND PROVIDING FOR CONFLICT,
SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
Clennont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has
held a public hearing on July 7, 2020 and following such hearing found this Ordinance to be in the
best interest of the City of Clermont, and recommended that the City Council adopt this Ordinance;
and
WHEREAS, the City Council of the City of Clermont desires to amend Chapter 90
Concurrency Management, Section 90-31 School Concurrency, of the City of Clermont's Code of
Ordinances;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Florida as follows:
SECTION l: AUTHORITY
The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to
Article V1II of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes.
SECTION 2: AMENDMENTS
Chapter 90 Concurrency Management, Article III, Section 90-31. School Concurrency, of the
Clermont Code of Ordinances is hereby amended to read as follows (underlined indicates added text
and strikethrough indicates text deletion):
Sec. 90-31. — School concurrency
(d) The following procedures will be utilized to obtain a school concurrency determination from the
Lake County School Board and to allow for mitigation if a development proposal is determined
not to be in compliance.
(e) A completed application provided by and delivered to the Lake County School Board must be
submitted concurrent with a final development order by an applicant proposing residential
development. The application at a minimum shall include the following information:
(1) Proposed development name
(2) Application type
(3) Intake date
(4) Signature of agent
(5) Number of residential units broken down by unit type
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(6) Property deed
(7) Consent form
(8) Phasing plan (if applicable)
(9) Site plan
(10) Survey
(11) Justification statement
(12) Location map
(f) Within three days of submitting to the school board, the applicant must present a copy of the
application to the City. The City shall provide a determination of authenticity to the school
board within three days of receiving the application.
(g) The school board shall review the application in accordance with the provisions of section 5.5.2
of the agreement and base the concurrency determination on standards outlined in section 5.5.3
of the agreement.
(h) No development order shall be approved unless a letter of determination of concurrency has
been issued by the school board finding the development in compliance.
(i) Once the school board has reviewed the application it shall issue a letter of determination of
concurrency within 30 days if the impact of the proposed developments student growth does not
cause the adopted level of service to be exceeded.
(j) If the development is not in compliance, the letter of determination of concurrency shall detail
why the development is not in compliance and shall offer the applicant the opportunity to enter
into a 90-day negotiation period in accordance with the provisions of section 5.6 of the
agreement.
(k) During the 90-day negotiation period the applicant shall meet with the school board in an effort
to mitigate the impact from the development.
(1) Mitigation shall be limited to those options, which the school board recognizes and
assumes the responsibility to operate and which will maintain the adopted level of service
standards for the first five years from receipt of the school boards letter of determination of
concurrency.
(2) The City of Clermont shall have the opportunity to review the mitigation options.
(3) The City Council shall approve all proportionate share agreements.
(1) If mitigation is not agreed to, the letter of determination of concurrency shall detail why
mitigation proposals were rejected and detail why the development is not in compliance. In this
case, no development order shall be issued.
(m) If the school board and the applicant agree to mitigation, the letter of determination of
concurrency shall be issued based on the agreed mitigation measures and an agreement between
the school board, the city and the applicant.
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(n) A letter of determination for school concurrency, finding the development in compliance, issued
by the school board shall be valid for one year from the date of issuance unless extended by the
school board. Once the development order is issued, the concurrency determination shall run
with the development order.
(o) If the letter of determination of concurrency requires conditions or mitigation to be placed on
the development, the development order issued by the City of Clermont shall incorporate
conditions as set forth by the school board.
(p) If the letter of determination of concurrency requires the development to be phased to school
construction or other mitigation, the conditions of approval of the development order shall
reflect the phasing requirements by withholding subsequent development orders for building
permits.
(q) In no case shall a development order be issued unless provisions are made through conditions of
approval or by agreement between the school board, the city and the applicant to provide
performance security when required.
r) An Adequate Public Facilities Determination is an analysis of the assigned school facility_
capacities for a residential development. It is not binding and does not reserve or encumber
ca acit . The Ade uate Public Facilities Determination is obtained from Lake Count
School Board at the start of the development process. This review shall be performed at the
initial development order stage and is used to determine if there are adequate public
facilities/schools to serve the future residential development
s School concurrency is based on service areas and shall be reserved for the residential
development to determine if school capacity is available or will be made available
concurrent with the impact of the development. A capacity reservation shall be required
prior to formal Approval of the subdivision final plat and/or formal site plan a roval for all
development orders with any residential component and not considered exempt from the
requirements of school concurrency.,
SECTION 3: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 4: SEVERABILITY
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.
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SECTION 5: CODIFICATION
The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the
substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such
editorial license.
SECTION 6: ADMINISTRATIVE CORRECTION
Regardless of whether such inclusion in the Code as described in Section 6 is accomplished, sections
of the Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or designee,
without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk.
SECTION 7: EFFECTIVE DATE
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.
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PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on
this 28th day of July 2020.
1 CITY OF CLERMONT
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Gail L. Ash, Mayor
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ATTEST:
Tracy Ackroyd owe, City Clerk
Approv and lega
Daniel F. Mantzaris, City Attorney