Ordinance No. 2022-003st
CITY OF CLERMONT
;7 ORDINANCE NO.2022-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT,
FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART H,
FLORIDA STATUTES BY ADOPTING A TEXT AMENDMENT TO
THE GOALS, OBJECTIVES AND POLICIES OF THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN;
SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE
COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE
PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN
AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE
COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR
CONFLICT, SEVERABMITY, THE ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND
AN EFFECTIVE DATE.
WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the
City of Clermont on August 13, 1991, in accordance with the Local Government Planning
and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes;
and
WHEREAS, the Comprehensive Plan of the City of Clermont may be amended
pursuant to Florida Statutes 163.3187; and
WHEREAS, the Planning and Zoning Commission, acting as the Local Planning
Agency, held a public hearing and made recommendations to the City Council for
amendments to the plan; and
WHEREAS, the City Council of the City of Clermont held public hearings on the
proposed amendments to the plan in light of written comments, proposals and objections
from the general public;
NOW, THEREFORE, BE IT ORDAINED and enacted by the City Council of
the City of Clermont, Florida that:
SECTION 1.
After public hearings held by the City of Clermont Local Planning Agency and the
Clermont City Council, the Capital Improvements Element is hereby amended as shown in
Exhibit A.
SECTION 2: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this
Ordinance are hereby repealed.
Page I 1 of 17
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CITY OF CLERMONT
T. ORDINANCE NO.2022-003
SECTION 3: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed
from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in
full force and effect as if enacted without the invalidated portion, except in cases where
such continued validity of the remainder would clearly and without doubt contradict or
frustrate the intent of the Ordinance as a whole.
SECTION 4: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered, and/or corrected for typographical
and/or scrivener's errors which do not affect the intent of said resolution, as authorized by
the City Manager or designee, without need of public hearing, by filing a corrected copy
of same with the City Clerk.
SECTION 5: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall
take effect after a period of thirty days plus one following its Second Reading and Final
Passage.
Page 12 of 17
(!P--:
CITY OF CLERMONT
��� ORDINANCE NO.2022-003
ORDAINED AND ADOPTED by the City Council of the City of Clermont, Lake
County, Florida, this loth day of May, 2022.
Tim Murry, yor
City Clerk
P, AS TO J'ORM AND LEGALITY:
- 1 t
Mantzaris, City Attorney
ALE
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CITY OF CLERMONT
COMPREHENSIVE PLAN
CHAPTER XI I I
CAPITAL IMPROVEMENTS ELEMENT
Adopted June 23, 2009
Amended Nov. 24, zoog
Amended Jan. 11, 2011
Amended Jan. 24, 2012
Amended Feb. 26, 2013
Amended May 27, 2014
Amended December 8, 2015
Amended: May 10, 2022
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CITY OF CLERMONT COMPREHENSIVE PLAN
CHAPTER XIII
CAPITAL IMPROVEMENTS
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.
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.
Ord. No. 2022-003 Amended May 10, 2022
XIII-1
CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
Policy 1.2.3: The City shall require all public and private capital facilities to provide service
at the LOS standards adopted in this comprehensive plan for previously vested, existing
and future permitted development. These capital facilities shall be provided concurrently with
the impacts of development based on the minimum requirements in the City's adopted
Concurrency Management System.
Policy 1.2.4: The City hereby adopts the following minimum level of service (LOS)
standards, which must be retained in reviewing the impacts of new development and
development on public facilities:
• The LOS standard for Roadways shall be as follows:
o "C" for US 27/SR 25, which is a strategic intermodal system (SIS)
o "D" for SR 50
o "D" for all minor arterials and collectors
• The LOS standard for Sanitary Sewer is 70 gallons per capita per day at peak flow rate.
• The LOS standard for Solid Waste is 6.63 pounds per capita per day.
• The LOS standard for Potable Wateris 220 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 Countv 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 facilitiesand services
for which LOS standards have been established; the maintenance of a record ofall 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 thestatus 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
Ord. No. 2022-003 Amended May 10, 2022
XIII-2
CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
assessment of impact fees or developer contributions, dedications and/or construction of capital
facilities necessary to serve new development as required in other elements of this plan.
Policy 1.3.1: New development shall be responsible for installing all internal water and sewer
systems, traffic circulation systems and internal recreation/open space facilities within the
development. In addition, connections of internal systems to the City's designated water and
sewer systems and traffic circulation network shall be the financial responsibility of the
developer.
Policy 1.3.2: All development order applications shall be evaluated as to the impact of the
development on capital facilities and the operation and maintenance of those facilities. The
evaluation shall include, but not be limited to, the following:
• Expected capital costs, including the installation of required new facilities that are
related to the development.
• Expected operation and maintenance costs associated with the new facilities required
by the development.
• Anticipated revenues from the development, including impact fees, user fees and
future taxes.
Policy 1.3.3: The land development regulations shall continue to require land dedication,
payment -in -lieu -of -dedication or other forms of impact exaction as a requirement of land
development to secure easements for utility and traffic circulation systems.
Policy 1.3.4: The City, through adoption and implementation of land development
regulations, comprehensive plan goals, objectives and policies, impact fees, other impact
exactions, implementation of the annual budget and five-year capital improvements schedule,
shall ensure the availability of public facilities and services concurrent with the impacts of
development. Development shall not be approved unless the necessary infrastructure items
and services are available subsequent to plan adoption.
Policy 1.3.5: The City shall continue to participate with Lake County and the Lake -Sumter
Metropolitan Planning Organization (MPO) in the transportation impact fee program or shall
adopt and implement a schedule of City impact fees to ensure that new development provides
a pro rata share of the costs required to finance public facility improvements necessitated by
such development.
Policy 1.3.6: When applicable, the City may require a developer to execute a development
agreement and/or develop a proposed project in phases to ensure the timely and appropriate
installation of needed capital facilities to service new development. Such agreements will be
executed under the City's constitutional home rule power and will followthe procedures set
forth in Chapter 163.3220, Florida Statutes.
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.
Ord. No. 2022-003 Amended May 10, 2022
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CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
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:
• 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.
Ord. No. 2022-003 Amended Mav 10, 2022
XIII-4
CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
• 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.
Policy 1.6.2: The City of Clermont adopts by reference the Five -Year Facilities Master Plan
FY 2016-2020 as formally adopted by the Lake County School Board on September 14, 2015
and as amended, into the City's Five -Year Schedule of Capital Improvements
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.
Ord. IV& 2022-003 Amended May 10, 2022
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CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
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Ord. No. 2022-003 Amended May 10, 2022
XIII-6
CITY OF CLERMONT COMPREHENSIVE PLAN
Appendix A
CAPITAL IMPROVEMENTS
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 concurrencv requirement, except as otherwise provided in subsections (4)-(7)
of this section.
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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:
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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.
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CITY OF CLERMONT COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
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