12-07-2010 Supporting DocumentsCITY OF CLERMONT
PLANNING AND ZONING COMMISSION AGENDA
7:00 P.M., Tuesday, December 7, 2010
City Hall — 685 W. Montrose Street, Clermont, FL
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MINUTES
Approval of the Planning and Zoning Commission Meeting held November 2, 2010.
REPORTS
Director of Planning, Chairman, Commission Members
NEW BUSINESS
Mad Melon - CUP Request for a Conditional Use Permit to
P1 '` allow a restaurant in the CBD Central
t Business District located at 658 West
Avenue.
Capital Improvements Element Amendment Request to amend the Capital Improvements
3 Element of the comprehensive plan.
Discussion of Non -Agenda Items
ADJOURN
ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE PLANNING
AND ZONING COMMISSION AT THIS MEETING WILL NEED A RECORD OF THE
PROCEEDINGS. FOR THAT PURPOSE, SUCH PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
BASED.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), IF
ANY PERSON WITH A DISABILITY AS DEFINED BY THE ADA NEEDS SPECIAL
ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING, THEN NOT LATER
THAN TWO (2) BUSINESS DAYS PRIOR TO THE PROCEEDING, HE OR SHE
SHOULD CONTACT THE PLANNING & ZONING DEPARTMENT AT 352-3944083
Ext. 302.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
November 2, 2010
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday November 2,
2010 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Bernadette
Dubuss, Nick Jones, Judy Proli, and Raymond Loyko. Also in attendance were Barbara
Hollerand, City Planner, Dan Mantzaris., City Attorney, and Rae Chidlow, Administrative
Assistant.
MINUTES of the Planning and Zoning Commission meeting held October 2, 2010 were
approved as written.
REPORTS
Chairwoman Whitehead stated that National Diabetes Week is coming up.
City Planner Barbara Hollerand stated that the previous small scale comp plan amendments from
the October meeting had some advertising issues, so depending on the results of Amendment 4,
the Commission may be hearing from those applicants again.
1. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT
REQUEST: Small Scale Comp Plan Amendment — Ord. No. 2010-28-M
PROJECT NAME: Jayne Property
OWNER/APPLICANT: Victoria Jayne James Trust, William Henry Jayne Trust
PARCEL SIZE: 9.63 acres +/-
LOCATION: North of SR 50, south of South Lake Forest subdivision
EXISTING LAND USE: Vacant
EXISTING FUTURE LAND USE: Lake County Urban
EXISTING ZONING: Lake County Agriculture
City Planner Barbara Hollerand stated that the Jayne Property is a vacant 9.63-acre property
north of S.R. 50, west of Sandhill View Boulevard and east of Grand Highway.
Ms. Hollerand stated that the joint owners and applicants are the Victoria Jayne James Trust and
the William Henry Jayne Trust. She stated that the property will be considered for annexation by
the City Council November 30.
Ms. Hollerand stated that the request is for a small-scale comprehensive plan amendment to
change the Future Land Use from Lake County Urban to Commercial in the City. She stated that
the property currently has Agriculture zoning in Lake County.
Ms. Hollerand stated that Regional Commercial is the Lake County future land use designation
in the adopted 2030 comp plan, not yet in effect.
14
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
November 2, 2010
Page 2
Ms. Hollerand stated that the subject property is contiguous to the City on its northern, eastern
and western sides. She stated that it is directly south of South Lake Forest subdivision, a part of
the Jack's Lake Planned Unit Development. She stated that to the south is vacant commercial
property in Lake County.
Ms. Hollerand stated that last November, the owners requested annexation and a small-scale
comprehensive plan amendment for City Commercial future land use for their adjacent 9.9-acre
property to the east. She stated that those requests were approved by the City Council, and it was
made known that the owners would be requesting annexation and a City future land use for the
remaining property at a future time. She stated that a small wetlands tract under the same
ownership will not be annexed at this time and will remain in Lake County. She stated that this
remaining tract will be annexed and assigned a City future land use at a later date. She stated that
the property will then be developed as a unified parcel.
Ms. Hollerand stated that the site is well served by the transportation network with a signalized
intersection at Sandhill View Boulevard.
Ms. Hollerand stated that development plans are not finalized at this time and a request for
rezoning has not been made. She stated that the owners' intent is to sell the property to
developers that will submit a site plan for review and apply for commercial zoning at a later date.
She stated that upon annexation, the property would receive Urban Estate zoning.
Ms. Hollerand stated that this property qualifies for the small-scale comprehensive plan
amendment process and will not be reviewed by the Florida Department of Community Affairs
or the reviewing agencies. She stated that it will be final 31 days after adoption. She stated that
no text changes to the comprehensive plan are required.
Ms. Hollerand stated that Staff recommends approval of the Future Land Use Map change.
Cas Suvongse, 1053 N. Orlando Ave, Maitland, stated that he is representing Victoria James. He
stated that the Jayne family has owned this property for 30 years or more. He stated that this
property is no longer viable for orange groves. He stated that they had a meeting with the South
Lake Forest neighborhood and about 27 residents showed up at the meeting. He stated that they
do not have a specific plan at this time, but they are addressing one concern from the neighbors.
He stated that there is a road north of the property named Brentwood Dr. He stated that the City
asked if they wanted to use the road for a second access to the Jayne property. He stated that it
was unanimous that the neighbors do not want Brentwood Dr. to be used as a second access to
that property.
Board member Dubuss asked if Amendment 4 would affect this property as well if it is to pass at
today's election.
0
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
November 2, 2010
Page 3
Ms. Hollerand stated that if the amendment passes, they would not be able to go before City
Council.
Board member Jones stated that it would be favorable to bring this property into the city so that
the City can control the use of this property.
Commissioner Jones moved to recommend approval for request of the small scale
comprehensive plan amendment; seconded by Commissioner Dubuss. The vote was unanimous
to recommend approval to City Council.
There being no further business, the meeting was adjourned at 7:15 pm.
ATTEST:
Rae Chidlow — Administrative Assistant
Cuqui Whitehead, Chairwoman
CITY OF CLERMONT
PLANNING & ZONING COMMISSION
December 7, 2010
... CLERMONT CITY COUNCIL
December 14, 2010
PROJECT NAME: Mad Melon
OWNER/APPLICANT: Irma Nyack
REQUESTED ACTION: Request for a Conditional Use Permit to allow a restaurant in
the CBD Central Business District
LOCATION: 658 West Ave.
EXISTING ZONING: CBD, Central Business District
EXISTING LAND USE: Vacant (previous use was a restaurant)
FUTURE LAND USE: Downtown MU (mixed use)
SURROUNDING CONDITIONS:
ZONING
EXISTING LAND USE FUTURE LAND USE
NORTH:
CBD
— Central Business District
Commercial
Downtown MU
SOUTH:
CBD
— Central Business District
MF Residential
Downtown MU
EAST:
CBD
— Central Business District
Commercial
Downtown MU
WEST:
R-3 —
Residential/Professional District
Residential
Medium Density Residential
ROAD CLASSIFICATION: West Ave, & Montrose St. — Local
UTILITY AREA: City of Clermont Water / Sewer
SITE UTILITIES: City of Clermont Water / Sewer
SITE VISIT: 11/5/10
SIGNS POSTED: By applicant
ANALYSIS: The applicant is requesting a conditional use permit to allow for restaurant
within the CBD zoning district. The proposed restaurant will be open from 11:00 A.M.
to 9:00 P.M. (lunch and dinner). The previous use was the Cozy Cat Cafe (Res.
#1255).
The applicant intends to operate the restaurant in a manner which will improve and
complement the existing atmosphere of downtown Clermont.
1 - Mad Melon Restaurant CUP
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STAFF RECOMMENDATION:
Staff recommends approval of this Conditional Use Permit request to operate a
Restaurant located at 685 West Ave. with the following conditions as listed.
CUP CONDITIONS:
Section 1 - General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns and successors in title or interest.
2. No further expansion of the use or additions to the facility shall be permitted
except as approved by the Site Review Committee. An amendment to the CUP may be
required.
3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair,
remove, improve, move, convert, or demolish any building or structure, or alter the land
in any manner within the boundary of the project without first submitting necessary
plans, obtaining necessary approvals, and obtaining necessary permits in accordance
with the City of Clermont Land Development Code and those of other appropriate
jurisdictional entities.
4. No business can occupy any portion of the building unless the proposed
business has applied for and obtained a Local Business Tax Receipt from the Clermont
City Clerk.
5. The Conditional Use Permit must be executed and processed through the office
of the City Clerk within 90 days of its date of approval by the City Council or the permit
shall become null and void.
6. The Restaurant use shall be required to install and maintain any required grease
trap for food services in accordance with the Clermont Code of Ordinances and other
local or state regulations. Installation and size are to be determined by the Utility
Director.
7. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met. If any of the stated conditions are violated, the applicant
understands and agrees that the City Council may open the CUP for further conditions
or revoke this Conditional Use Permit by resolution.
8. Should the restaurant use cease operations for a period greater than one year, a
new CUP shall be required.
3 - Mad Melon Restaurant CUP
Section 2 — Land Use
1. Permitted uses shall include a Restaurant at 658 West Ave. as well as uses
permitted with the CBD zoning district.
2. The second floor may be retained for on -site residential mixed use. All building
codes for a residential mixed use if utilized must be adhered to prior to Certificate of
Occupancy.
\\Cityhall\shares\Planning and Zoning\Developments\CUP's\Mad Melon CUP P&Z12-7,CC12-14-10.doc
4 - Mad Melon Restaurant CUP
DATE: i C -- t q_ 10
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
FEE:
PROJECT NAME (if applicable): In ft b M G L p M
APPLICANT: N N i4 6<-
CONTACT PERSON: 1 f2-m-C, Ny (}c.f<-
Address: 13�
City: State: L. Zip: 3 U-1 i?6
Phone: C4o7-qf(.1-9.3o3 Fax: No-7-
E-Mail: TJ Ri A CA_ 139 Q L. C
OWNER: A- CA
Address:
City: State: I✓ L Zip: 3,4'i g k�
Phone: 4u -7— (4 SU - a-Ao3 Fax:
Address of Subject Property: u,)-k Q-,� ( k-p—
General Location: Q"-,Q ovA
Legal Description (include copy of survey): S es
Land Use (City verification required):_ 6-
Zoning (City verification required): cf�> b
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
Page 2
Detailed Description of request (What are you proposing to do and why is it appropriate
for this location? Attach additional page is necessary.
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Applicant Name (print)
Owner Name (print)
Appli Name (awe)
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Owner Name (si#ncawe)
******NOTICE******
IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL
BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED
UNTIL CORRECTIONS ARE MADE.
City of Clermont
Planning & Zoning Department
685 W. Montrose St.
P.O. Box 120219
Clermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
Mad Melon
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658 West Ave.
Clermont Florida 34711
407-484-2303
Email:
CONDITIONAL USE APPLICATION
Prepared By: Irma Nyack
Owner
Irma S. Nyack
1130 Lake Whitney Drive
Windermere, Florida 34786
407-484-2303
Email: inyack1395(o-)-aol.com
October 18, 2010
RE: Conditional Use Application
658 West Ave
Clermont Florida 34711
Dear Sirs/Madams
In accordance with the City of Clermont requirement, I respectfully submit an application for
a Conditional Use to reinstate the above referenced property as a restaurant.
Attached please find the required supporting documents for review, commentary and approval.
The number of occupants proposed to be accommodated on site will be 35. Hours of Operation
will be Monday thru Sunday 11Am to 9PM.
This application is based on the premise that there will be full compliance with all applicable Federal,
State & Local Fire and Building Codes, and that all appropriate zoning, building and use regulations,
and restrictions of all types have been or will be complied with unless otherwise stated in this
application.
Upon your approval of this Conditional Use application, all licenses, consent permits or other legislative
or administrative authorization will be obtained for the use intended.
It is important to note for the purpose of this request, that the proposed site have been originally
approved and has been used as a restaurant in the past. Additionally, the site is located in the Central
Downtown Business District of Clermont, generally characterized by older retail buildings with many older
residential properties already converted to office or retail use.
The proposed use of this site conforms to the surrounding neighborhood, is of adequate size and shape
to be consistent with the neighboring development. Further there is no foreseeable elements of external
obsolescence that would adversely impact the proposed site.
The approval of this project will certainly be an asset to the Clermont Historic Business Community.
Your assistance is greatly appreciated.
Respectfully,
Irma S. Nyack
Owner
SITE DESCRIPTION
Proposed Property Name: MAD MELON
Location: 658 West Ave.
Clermont, Florida 34711
On the North East Corner of
West Ave and Montrose Street
in the Historic Down Town
Commercial Business District of
Clermont, generally characterized by
older retail buildings in the central
downtown area with many older
residential properties converted to
office or retail use.
SITE DESCRIPTION: The parcel is rectangular in Shape and
contains approximately 9375 sq feet or
or 0.255 acres of area.
125.75 approximate
Other site qualities include 125 Ft
linear frontage along West Ave and
75 Feet Depth along Montrose
SITE DIMENSION: 125 x 75
TOPGRAPHY: The site is basically Level
PROPERTY:
DESCRIPTION: The subject property is currently approved as a two
(2) unit Building, containing a restaurant on the first floor
with a studio on the second floor.
LEGAL DESCRIPTION: Clermont, Lots, Block, Plat Book8, Page 17 or Book 2053,
Page, Public records of Lake County, Florida
LAND USE: CBD, central Business District, By Clermont Florida
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CITY OF CLERMONT
Planning & Zoning
Memorandum
Date: Nov. 29, 2010
From: Barbara Hollerand, Planning Departmebt
To: City Council and Planning & Zoning Commission
Adoption of Amendment to the Capital Improvements Element —
Ordinance #2011-01-M
Enclosed is the supporting documentation for Ordinance #2011-01-M, adopting changes
to the Capital Improvements Element of the comprehensive plan. Florida Statutes require
annual updates to local governments' Capital Improvements Elements of their
comprehensive plans.
Updates to the Capital Improvements Element are exempt from the twice -per -year
limitation on comprehensive plan amendments. Additionally, the amendments are
scheduled for adoption hearings only; the transmittal hearings are eliminated from the
process.
Public hearing dates are Dec. 7, 2010 for P&Z and Dec. 14, 2010 (Is' reading) and
Jan. 11, 2011 for City Council.
Should you have any questions on this package, please call Barbara Hollerand, 241-7307.
P.O. BOX 120219 • CLERMONT, FLORIDA 34712-0219
PHONE: 352/394-4083 • FAX: 352/394-3542
CITY OF CLERMONT
L4K PLANNING & ZONING COMMISSION
Dec. 7, 2010
_ CITY COUNCIL
Dec. 14, 2010
Jan. 11, 2011
Ord. No. 2011-01-M Large -Scale Comprehensive Plan Amendment
REQUEST: Amend the Goals, Objectives and Policies of the Capital Improvements
Element of the comprehensive plan to update the five-year schedule of capital
improvements
APPLICANT: City / Administrative
ANALYSIS:
The Capital Improvements Element of the comprehensive plan identifies capital projects
needed to maintain adopted Level of Service (LOS) standards. The element includes
policies and projects to reduce existing LOS deficiencies. In addition, the element
outlines a schedule for construction of necessary improvements and expansions to
accommodate new growth. It includes estimates of the cost of public improvements, and
it demonstrates the ability of the City to finance and construct the improvements.
Local governments are required to adopt annual updates to the Capital Improvements
Element. Clermont's CIE update was due Dec. 1. Statutory requirements provide for an
expedited adoption process for CIE amendments with a single public adoption hearing.
A transmittal hearing is no longer required for annual updates. Amendments to the
element are required to change a project's scheduled construction date. The City will
also annually update Policy 1.6.2 to identify the current Lake County Schools facilities
master plan and its adoption date.
Capital improvements must meet statutory requirements for financial feasibility.
Sufficient revenues must be currently available or will be available from committed
funding sources for the first three years, or will be available from committed or planned
funding sources for years 4 and 5, of a five-year capital improvements schedule for
financing capital improvements. Examples of committed funding sources include ad
valorem taxes, approved bonds, state and federal funds, tax revenue, impact fees, and
enforceable developer agreements. Planned funding sources in years 4-5 can include
grants not secured, proposed bonds, or other potential sources that require a
referendum or are not presently secured.
STAFF RECOMMENDATION:
Staff recommends approval of the text changes to the Capital Improvements Element.
\\Cityhall\shares\Planning anc Zoning\Comp Plan Amendments\CIE. - Capital Imp:cvements Element 2011-01-M\Capin:!
Improvements Element update - PZ12-7 CC12-14-10&01-11-11.doc
CITY OF CLERMONT
COMPREHENSIVE PLAN
CHAPTER XIII
CAPITAL IMPROVEMENTS ELEMENT
Adopted June 23, 2009
Amended Nov. 24, 2009
Amended Jan• 11, 2011
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 #2011-01 M Amended Jan. 11, 2011
XIII-1
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 1.2A 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.
• 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:
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 #2011-01 M Amended -[an, 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 WO) 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:
Ordinance #2011-01 M Amended Jan. 11, 2011
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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.
Ordinance #2011-01 M Amended Jan. 11.2011
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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 2040 204 4 2011-2015 as formally adopted by the Lake County School Board on
, September 27. 2010, and as amended, into the City's Five -Year
Schedule of Capital Improvements. (a=&&d att. 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 #2011-01-M Amended Jan. 11.2011
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CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
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Ordinance #2011-01-M Amended Jan, 11, 2011
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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 #2011-01-M Amended Jan. 11, 2011
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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 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:
Ordinaiice #2011-01 M Amended Jan 11 2011
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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#2011-01 M AmendedJan. 11, 2011
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CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
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Ordinance #2011-01 M Amended Jan. 11.2011
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CITY OF CLERMONT COMPREHENSIVE PLAN
Appendix B
CAPITAL IMPROVEMENTS
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CAPITAL IMPROVEMENTS
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CITY OF CL—.-ONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Appendix B
City of Clermont Five -Year Schedule of Capital Improvements, FY 2010-11 to 2014-15 '° -d`d an. I , 2011, Ord 2011-01-M)
STORMWATER MANAGEMENT
SW-1 Stormwater Retrofit Projects oneoing
Stormwater Utility Fees and Grant
500 000
0$5 0.000
S500.000
$500,000
500 000
ul2Wades to stormwater conveyance systems and
water quali rojects
POTABLE WATER
PW-1 Water Main Extension (ongoing project
Water Impact Fees
0$5 0.000
$500,000
$500,000
$500-000
$500,000
extending water mains to complete loops in the
system. primarily on the east side system. and
im r v s s m hydraulics n r liabdi
PW-2 West -Side Water Treatment Plant
Utility Fees
5 100 000
S4,800,000
0
0
0
(construct 1-million gallon storage tank, a bank of
high -service pumps, a disinfection system, a new
otable well
PW-3 Water Main Replacements (ongoing
replacement of older water mains to improve system
Water Fund Operating Budgg
$200,000
$200,000
20$0.000
$200,000
S200,000
hydraulics and water-quality
PW-4 Alternative Potable Water Source (funding
Utility Fees and Water Impact Fees
$25,000
$500,000
S5QU00
$500,000
0
is for planning/design. Construction on the regional
projects is not expected to ben until 2015
SANITARY SEWER
SS-1 Supplemental Irrigation System Well
Utility Fees
$935,000
$500,000
S500 000
0
0
(construct groundwater well to supplement
reclaimed water supply during peak demand to area
north of SR 50 and shift demand from potable
stem to reclaimed water stem
SS-2 Reclaimed Water System Expansion
(expansion includes piping extensions to deliver
Sc-wer Impact Fees Utility Fees
$500,000
$500,000
500 000
S500.000
$500,000
reclaimed water to developmentsplumbedto accept
reclaimed water north and south of SR 50 and shift
and
demand from potable system to reclaimed water
U=Dm�
SS-3 East Water Reclamation Facility
Collection System Expansion on-goingproject as
Sewer Impact Fees
$500,000
$500,000
250 000
$250,000
$250,000
new developments come on -fine that includes piping
xtensions lift stations and force main construction
SS-4 Lift Station Improvements ongoing
Sewer Impact Fees
$200,000
S200,000
$200,000
$200,000
200 000
improvements to improve system hydraulics and
AaWr
Ordinance #2011-0 / -.l I Amended [an. l 1, 2011
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CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
PARKS & RECREATION
PR-1 Inland Groves Property (Passive Park)
Recreation Impact Fc"'
Infrastructure Salcs 'faxes and
3$5.000
$290,000
$288,200
0
0
Grants
PR-2 Waterfront Park Pavilion
Recreation Impact Fees
$1,278,730
Q
0
Q
0
TRANSPORTATION
The City of Clermont adopts b): rcfcrenee the 5-Year
Schedule of Improvements as formally
adopted by the lake -Sumter Metropohtan Planning Organization on
un e 2 2010 n as n into thei 's Fiv -Y
Schedule of Ca ital Improvements.
'PROJECT TOTALS
S9.773.730
$8-490.000
S3,438.200
$2 G50.000
$2 150-000
Source: Cit)- of Clermont. 2010
O) -e#2011-01-.11
III
Amended Jan. I