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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 Aerial view: 4• ands 'Ar .,y. r*• ; ,�i�a�as �'�'tics`+ 644 1758645ddWr S � , 1 7 { 926 1615275 65FF k r. # View from West Ave. & W. Montrose St. H w 0 E2 m 2 - Mad Melon Restaurant CUP 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. Iz vv� S . g &-- Applicant Name (print) Owner Name (print) Appli Name (awe) X 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 gal V It 04! vj oil 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 S89°44'57"E U5.10' frame East 125' of South 112 of Lot 11 shed N 00 landscape buffer frame - landscape buffer , z X deck a' ` 21.62 CD frame /�• 3.23' deck - - O---- - - - - - - - - - - - - - - - ------------- --- III C 1. O ; 43.26' 29.32' ` landscape buffer irk N 1 STORY BUILDING - East 125' of Lot 12 WITH UPPER ROOM � °' = 7. 75 (n #6 5 8 C\4 o ------ ----- -- Q0WEST AVENUE Q0 L -----X- -- d- 21.0716.35' `� o L y c O < < frame ramp C/O ` - 10.07 landscape buffer concrete - , , o `-drive ` - 0 frame ramp ` - o- ! - - < S89045'40"E - < << - 125.06' MONTROSE STREET w 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 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. 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 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 XIII-6 CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS THIS PAGE INTENTIONALLY LEFT BLANK 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 #2011-01-M Amended Jan. 11, 2011 A-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 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 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#2011-01 M AmendedJan. 11, 2011 A-3 CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS THIS PAGE INTENTIONALLY LEFT BLANK Ordinance #2011-01 M Amended Jan. 11.2011 A-4 CITY OF CLERMONT COMPREHENSIVE PLAN Appendix B CAPITAL IMPROVEMENTS 1'ttftt1iftg I I1: \]mil 7l ; o I II \'iT 40 44 I 1:y 11 1 71 7 I 11 1-2 1 ? 1: \T-i—mT? I I tif • .......... ...... _.._f mom; Nil 11111NNf �1 m;- N ....n.:.•:�..�.a.:.is�.:�.:... r:..:: •:.: �.i...:....AAII ow CITY OF CILt-UviONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS �:.�T I Ia-�1 I 14 1�1 I St)tifee of I 1A' 009 40 I MEN.. mmmmm ... . ... ..... . ..... .. B-2 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 B-1 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