O-609-MCITY OF CLERMONT
ORDINANCE No. 609-M
AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA,
AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF
CLERMONT, FLORIDA, PURSUANT TO THE LOCAL
GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER
163, PART II, FLORIDA STATUTES BY ADOPTING TEXT
CHANGES TO THE GOALS, OBJECTIVES AND POLICIES OF
THE INTERGOVERNMENTAL COORDINATION AND
CAPITAL IMPROVEMENTS ELEMENTS OF THE
COMPREHENSIVE PLAN; ADOPTING THE PUBLIC SCHOOLS
FACILITIES ELEMENT; SETTING FORTH THE AUTHORITY
FOR ADOPTION OF THE COMPREHENSIVE PLAN
AMENDMENTS; SETTING FORTH THE PURPOSE AND INTENT
OF THE COMPREHENSIVE PLAN AMENDMENTS;
ESTABLISHING THE LEGAL STATUS OF THE
COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR
SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE.
WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the
City of Clermont on August 13, 1991, in accordance with the Local Government
Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida
Statutes; and
WHEREAS, the Comprehensive Plan of the City of Clermont may be amended
pursuant to Florida Statutes s. 163.3187; and
WHEREAS, the Planning and Zoning Commission, acting as the Local Planning
Agency, held a public hearing July 1, 2008 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
Oct. 28 and Nov. 12, 2008 on the proposed amendments to the plan in light of written
comments, proposals and objections from the general public;
NOW THEREFORE, be it resolved and enacted by 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 Public Schools Facilities Element is hereby adopted into the
comprehensive plan and the Intergovernmental Coordination and Capital Improvements
elements are hereby amended as shown in Exhibit A.
CITY OF CLERMONT
ORDINANCE No. 609-M
Page 2
Section 2.
If any portion of this ordinance is declared invalid, the invalidated portion shall be
severed from the remainder of the ordinance, and the remainder of the ordinance shall
continue in full force and effect as if enacted without the invalidated portion, except in
cases where such continued validity of the remainder would clearly and without doubt
contradict or frustrate the intent of the ordinance as a whole.
Section 3.
All ordinances or parts of ordinances in conflict with any of the provisions of this
ordinance are hereby repealed.
Section 4.
This ordinance shall be published as provided by law and it shall become law and shall
take effect immediately upon its Second Reading and Final Passage.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 12TH DAY OF NOVEMBER
2008.
~-~
Harold S. Turville, Jr., Mayor
ATT T:
Tracy Ackroyd, City Cle
Exhibit A
CITY OF CLERMONT
COMPREHENSIVE PLAN
(ADOPTABLE PORTION)
GOALS, OBJECTIVES AND POLICIES
AUGUST 1991
AMENDED THROUGH NOVEMBER 2008
Adoption of Public Schools Facilities Element and amendments to Intergovernmental Coordination and
Capital Improvements elements through Ord. #609-M, adopted 11/12/08, DCA 08PEFE1.
Future Land Use Element amended through Ord. #592-M, adopted 6/24/08, DCA 08-1.
Capital Improvements and Transportation elements amended through Ord. #584-M, adopted 9/25/07, DCA
07-CIE 1.
Intergovernmental Coordination Element amended through Ord. #581-M, adopted 8/ 14/07, DCA 07-1.
Future Land Use, Conservation, and Recreation & Open Space elements amended through Ord. #562-M,
adopted 7/25/06, DCA 06-1.
All elements amended with EAR-based amendments LS-2002-01, Ord. #440-M, adopted 03/26/02, DCA
amendment #Clermont 02-1 ER.
i
TABLE OF CONTENTS
GOALS, OBJECTIVES AND POLICIES
Chapter Title page
I Future Land Use Element I -1
II Transportation Element II -1
III Housing Element III- 1
IV Sanitary Sewer, Solid Waste,
Drainage, Potable Water,
and Natural Ground Water
Aquifer Recharge Element IV- 1
V Conservation Element V- 1
VI Recreation 8v Open Space Element VI- 1
VII Intergovernmental Coordination Element VII- 1
VIII Capital Improvements Element VIII- 1
IX Public Schools Facilities Element IX- 1
ii
CHAPTER VII
INTERGOVERNMENTAL COORDINATION
VII-I
INTERGOVERNMENTAL COORDINATION ELEMENT
Goals, Objectives and Policies
GOAL: To establish viable mechanisms and process among the pertinent
governmental, public and private entities to ensure awareness and coordination
of all development activities, and provide effective and efficient utilization of all
available resources to ultimately enhance the quality of life for present and
future populations.
Objective 1: Upon plan adoption the City shall initiate formal mechanisms,
process, and Memorandums of Agreement which establish specific
intergovernmental coordination activities to occur on a systematic basis.
Policy 1-1: The City shall coordinate future planning activities with Lake County
to establish a mutually compatible growth management framework, with
consideration to implementing such activity through an interlocal agreement,
which addresses the following planning and development issues:
a. Review impacts of development within adjacent unincorporated
lands, including impacts to adopted levels of service; concurrency
management issues; affects on annexation issues; amendments to
comprehensive plans and land development regulations; location
and timing of proposed development; and impacts to conservation
activities and preservation of natural resources and open space.
b. Review and compare municipal and Lake County land development
regulations applicable to respective adjacent lands for compatibility
and for conflict with growth management goals, objectives and
policies.
c. Develop mutually agreeable future land use designations for
adjacent unincorporated and incorporated land within any agreed
upon Joint Planning Area.
d. Focus commercial development along state roads to commercial
nodes in the incorporated areas where there are central services,
and designate lands in unincorporated areas adjacent to
municipalities to lower density, less-intensive land uses than
permitted in the City or designated service areas. SAS amended t~-ou9h or~inan~e
58]-M, adopted Aug. ]4, 2007, DCA 07-])
Policy 1-2: The City shall coordinate growth management issues transcending
VII-2
jurisdictional areas through cooperative communications with Lake County and
the City of Minneola at the staff and official government levels by presenting City
concerns through documented transmittals, scheduled meetings, attendance at
Lake County and adjacent city public hearings, joint ad hoc technical
coordination committees, and, where relevant, less formal communications. The
City shall promote reciprocal participation of Lake County and adjacent City staff
and officials in local growth management affairs. Growth management issues to
be pursued, but not limited to, comprise the follo~~ing:
a. The City shall coordinate growth management activities with Lake
County to pursue appropriate land management for areas adjacent
to the City, including enclaves, to avoid conflict created by possible
placement of incompatible land uses and to establish compatibility
between City, county and adjacent city growth management efforts.
b. The City shall engage in mutual discussion with Lake County and
the City of Minneola, to establish an annexation policy to direct an
orderly and timely process of annexing unincorporated lands
adjacent to the City.
c. Mutually agreeable land use designations for unincorporated areas
within the confines of any service area or delineated annexation
zone, with emphasis on compatibility with both the City and
adjacent government Comprehensive Plan Future Land Use
Elements.
d. Agreements to Levels of Service to be provided by or to existing and
proposed development.
e. Determination of an appropriate concurrency management system
for development impacting the municipalities, the service areas or
delineated annexation zones.
f. Coordination for jurisdictional responsibility in provision of water,
sewer, traffic circulation, drainage, recreation or other necessary
facilities.
g. Availability of public facilities and services to meet demands
currently generated by existing development or that are anticipated
for eligible land use activities permitted within directives of the
adopted comprehensive plans.
VII-3
Polic_~: Amend the existing interlocal agreement for the presently designated
joint planning area to adequately address mutual issues, logistics, and
responsibilities for managing future growth, and identify the legal requirements
necessary to validate any such agreement. The City shall participate with Lake
County to amend the current interlocal agreement to address the following
issues:
a. Expand the County's Technical Review Committee to include
representatives from the City of Clermont on issues concerning any
development of land or land use action within any agreed upon
Joint Planning Area; therewith granting equal rights and privileges
to City representatives as granted to current members of the
committee;
b. Determine land use authority for land within any agreed upon Joint
Planning Area, in coordination with the potential annexation policy
discussed in Policy 1-2(b).
c. Identify applicable level of service criteria for any agreed upon Joint
Planning Area.
Polio: The City shall continue to coordinate with private utility and service
providers such as Florida Power Company, Sumter Electric Company, Sprint,
Lake Apopka Natural Gas Company, and Cable Vision of Central Florida to
ensure the efficient and effective expansion of private utilities and services.
Policy 1-5: The City shall in coordination with Lake County and the Florida
Department of Transportation to establish concurrency management
mechanisms that will provide consistent level of service standards to be
maintained on major roadways in and around the City of Clermont.
Policy 1-6: The City shall coordinate traffic count inventory and analysis
programs with the Florida Department of Transportation and Lake County.
Policv 1-7: The City shall coordinate transportation planning activities with the
Florida Department of Transportation, East Central Florida Regional Planning
Council, Lake County, and the City of Minneola in order to protect and preserve
necessary future rights-of--way.
Policy 1-8: The City shall coordinate planning activities with the Florida
Department of Transportation, Florida Department of Agriculture, East Central
Florida Regional Planning Council, and Lake County to establish mechanisms for
VII-4
delineation and adoption of corridor roadway systems in and around the City of
Clermont.
Objective 2: Upon plan adoption the City shall implement formal and informal
process, memorandums of agreement, and coordination mechanisms that
establish appropriate level of service standards, consistency and compatibility
between the City's adopted comprehensive plan and the mandated plans and
legislated activities of federal, state and regional governments or agencies
empowered with jurisdictional and quasi jurisdictional authority and/or service
facility provision and maintenance responsibility.
Policy 2-1: The City shall coordinate with St. Johns River Water Management
District, Florida Department of Environmental Protection, Federal Emergency
Management Agency (FEMA) and other appropriate state and federal agencies
that have jurisdictional authority or responsibility in the City to ensure water
quality, stormwater drainage, and flood control measures are affected consistent
with impacts of development.
Policy 2-2: The City shall assist Lake County and the St. Johns River Water
Management District in development of a master stormwater basin management
plan that will be consistent with the City's stormwater Management Plan.
Polic_~: The City in conjunction with Lake County, St. Johns River Water
Management District, Florida Department of Environmental Protection and other
affected federal, state, and local entities shall designate respective personnel to
investigate and formulate planning strategies for potential placement and
implementation of regional wastewater treatment facilities.
Policy 2-4: The City shall coordinate necessary activities with the plans,
programs, and administered legislative actions of the Florida Department of
Environmental Protection and Lake County to implement proper operation,
storage and disposal of both solid and hazardous waste.
Policy 2-5: The City shall coordinate appropriate activities with the Florida
Department of Environmental Protection, St. Johns River Water Management
District, Lake County Water Authority, and Lake County to effectively manage
the preservation and protection of surface and ground water quality and
quantity, and aquifer recharge areas. iAs amended through ordbtanoe sal-M adopted Aug. ~4, 200, ~cA o~-~~
Policy 2-5.1: The City shall ensure that natural resources occurring in or
affecting more than one governmental jurisdiction are effectively managed to
preserve, protect, and enhance natural systems, wildlife, fisheries and habitat.
(As amended through Ordinance 581-M, adopted Aug. 14, 2007, DCA 07-IJ
VII-5
Policy 2-5.2: The City shall coordinate with existing resource protection plans of
other government agencies and entities including the Florida Department of
Environmental Protection, St. Johns River Water Management District, Lake
County and the Lake County Water Authority, as well as with nonprofit
environmental organizations to appropriately conserve and manage natural
areas and open space. (As amended through Ordinance 581-M, adopted Aug. 14, 2007, DCA o7-IJ
Policy 2-6: The City shall utilize the informal mediation process provided by the
East Central Florida Regional Planning Council for resolving conflicts with other
local governments when applicable.
Policy 2-7: Pursuant to the directives provided in Objective 2 of this element, the
City shall ensure the review of proposed development is coordinated with the
adopted comprehensive plans of East Central Florida Regional Planning Council,
Lake County, and the City of Minneola.
Policy 2_g: The City and the Lake County School Board shall discuss and
coordinate development plans for expansion of existing schools or development
of new education facilities within the City to assure such activities are consistent
with growth management directives established within the City Comprehensive
Plan. Issues shall include but not be limited to the impacts of facilities on
adopted levels of service (LOS) established for public schools facilities,
transportation, potable water, wastewater, drainage and solid waste services.
(As amended through Ordinance 609-M, adopted Nou. 12, 2008, DCA 08PEFEIJ
Policy 2-9: Pursuant to the directives provided in Objectives 1 and 2, and their
specific implementing policies, the City shall ensure coordination exists between
appropriate state, regional, and local entities for establishment of level of service
standards on public facilities and maintenance responsibility for such
designated facilities.
Objective 3: Upon plan adoption the City shall provide appropriate mechanisms
to coordinate information and programs for the provision of housing and
recreational facilities.
Policy 3-1: The City shall solicit recommendations and assistance from various
public agencies, and quasi-public organizations such as the Department of
State, Division of Historic Resources, the Department of Community Affairs,
Farmers Home Administration, HUD, Florida Department of Children 8v Families,
Lake County Housing Authority and South Lake Chamber of Commerce to assist
in program funding, identification of structures and areas to be preserved for
historical purposes, and areas to be recommended for future community
revitalization type actions.
VII-6
Policy 3-2: The City shall continue both formal and informal communication
mechanisms with appropriate state and regional agencies, such as the
Department of Community Affairs and East Central Florida Regional Planning
Council, to sustain availability of information on specific programs, projects, and
legislation pertinent to local governments, and provide technical assistance in
relationship to potential grants, DRIs and I.C. 8~ R. reviews.
Policy 3-3: The City shall continue to coordinate with officials of the Lake
County School Board to ensure provision and availability of necessary
infrastructure and utilities consistent with location and construction of new
educational facilities and/or improvements to existing facilities.
Policy 3-3.1: The City shall provide the Lake County School Board with infor-
mation regarding proposed new developments to assist its efforts in planning
new schools and to solicit its review comments. rAs amended chrou~h Ordinance 609-M adopted tvo~. ~2,
2008, IJCA 08PEFE1)
Policy 3-3.2: The City shall abide by and enforce the interlocal agreement
between the City and the Lake County School Board to require cooperation in
terms of population projection and school siting.
a. The Lake County School Board shall provide facilities plans
and population projections on an annual basis to ensure that
consistency is maintained between the two.
b. The Lake County School Board shall provide the City with any
plans to site schools within the corporate limits or joint
planning area.
c. The City shall provide to the Lake County School Board all
applications for land use plan amendments that have the
potential of increasing residential density and that may affect
student enrollment, enrollment projections, or school
facilities.
d. The City shall allow a member of the Lake County School
Board to sit on the local planning agency and comment on
proposals that have the potential to increase density.
e. The City will take part in the Lake County Educational
Concurrency Review Committee established by the County,
Lake County School Board and municipalities that shall meet
VII-7
at least annually but more often if needed, as outlined in the
Interlocal Agreement between Lake County, Lake County
School Board and Municipalities for School Facilities Planning
and Siting, and will hear reports and discuss issues
concerning school concurrency.
f. The City will take part in The Joint Staff School concurrency
Review Group, comprised of Staff of the County, Cities, and
Lake County School Board, that shall meet at least quarterly,
as outlined in the Interlocal Agreement between Lake County,
Lake County School Board and Municipalities for School
Facilities Planning and Siting, to discuss issues concerning
school concurrency These issues shall include but not be
limited to land use, school facilities planning, including such
issues as population and student projections, level of service,
capacity, development trends, school needs, co-location and
joint use opportunities, and ancillary infrastructure
improvements needed to support schools and ensure safe
student access. The Lake County School Board staff shall be
responsible for making meeting arrangements. rAs amended t~-oa9h
Ord1nance 609-M, adopted Nov. 12, 2008, DCA 08PEFEIJ
Policy 3-3.3: The City will provide full cooperation and coordination with the
Lake County School Board as needed to coordinate planning activities and
maximize the use of available public facilities.
a. The City will pursue formalization of existing agreements with
the Lake County School Board for the use of school facilities
for recreation services and activities. Agreements should
establish a level of service ratio to determine the maximum
allowable use of the facilities for public access to optimize the
use of the facilities and to help the City determine its long-
term recreation needs. BAs amended throagh Ordinance 6o9-M adopted Nou. 12, 2008, >xA
08PEFE1 J
Policy 3-4: The City shall engage in efforts with Lake County and Lake County
School Board for procurement, operation, and maintenance of parks and
recreation facilities.
Policy 3-5: The City shall continue to cooperate with state agencies in identifying
programs and funding sources to promote further development of community
park and recreation facilities.
VII-8
Polic.~-5: The City shall continue to cooperate with state agencies as well as
with nonprofit environmental organizations in identifying programs and funding
sources to promote further development of community park and recreation
facilities and to coordinate with them in effectively managing existing natural
areas and open space. SAS amenaea ~h~ou9h o,atnan~e ssi-M aaoptea au9. ~4, zoos oca o~-~i
VII-9
CHAPTER VIII
CAPITAL IMPROVEMENTS ELEMENT
VIII-
CAPITAL IMPROVEMENTS ELEMENT
Goals, Objectives and Policies
GOAL: The City shall provide public facilities, at an adopted level of service
which shall be met for all existing and future development, through the financial
commitment of a Capital Improvements Element, a Capital Improvements
Program and a development process which permits development in
synchronization with the City's ability to finance and complete needed public
facilities.
TIMING, CONCURRENCY, PRIORITY
Objective 1: Land use decisions (including future land use map amendments
and all development orders) shall be coordinated with the City's financial
commitment to expand facilities as stated in the 5-year Schedule of
Improvements, and 5-Year Capital Improvements Program, for the purposes of
providing facilities that serve existing and future development at the adopted
level of service standards. Future development will bear proportionate costs of
improvements necessitated by the development in the forms of impact fees,
service charges, dedication, provision of physical improvements, or other forms
of impact exactions in conformance requirements adopted in the City Land
Development Regulations, other ordinances, and adopted goals, objective and
policies of other plan elements.
Policy 1-1: Land use development orders shall be granted only when facilities
functioning at the adopted level of service exist, or will be available, concurrent
with issuance of a certificate of occupancy or use for such developed land.
Policy 1-2: The City shall require all public and private capital facilities to
operate and provide service at the level of service adopted in this Comprehensive
Plan for development approved prior to adoption of the plan, existing
development, and future permitted development. These public facilities shall be
provided concurrent with the impacts of a development.
Policy 1-3: Table VIII-2, Park Classification Standards, and the following levels
of service are hereby adopted and shall be maintained for existing, previously
permitted development and for new development or redevelopment in the City or
in new, formally agreed upon utility service areas:
VIII-2
FACILITY STANDARD
Traffic Circulation
Principal Arterials- Level of Service C at peak hour
Minor Arterials- Level of Service D at peak hour
Local Collectors- Level of Service C at peak hour
Public Schools Facilities The level of service for all schools shall be set at
100% 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 level of service
maintained at 100% of the school capacity. In
no instance shall the school capacity increase
more than 125% 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 Level of Service
Standards for Concurrency Service Areas will be
achieved and maintained. rAs amenaea through ordinance 6o9-M
adopted Nov. 12, 2008, DCA 08PEFE1f
Recreation and Open Space
Picnic Table
Baseball/ Softball Field
Tennis Court
Basketball Court
Volleyball Court
Racquetball Court
Recreational Building
Shooting Range
Golf Course
Equipped Play Area
Football/ Soccer Field
Multi-use Court
Shuffleboard
20 per 4,000 persons
1 per 2,000 persons
1 per 1,400 persons
1 per 3,600 persons
1 per 6,000 persons
1 per 6,000 persons
1 per 15,000 persons
1 per 50,000 persons
1 per 25,000 persons
1 per 3,000 persons
1 per 7,000 persons
1 per 10,000 persons
1 per 1,000 persons
VIII-3
Multi-sport Playfield 1 per 5,000 persons
Sanitary Sewer
Flow Rate (Peak) 77.5 gallons per capita per day
Solid Waste
City-wide 6.63 pounds per capita per day
Drainage
City-wide 10 year 2 Hour Storm Event; (Pre- and Post-
development discharge volume design @ 50 year
24 hour Storm Event; 40C- 42, F.A.C. for OFW
waters; and, 40C-4 and 40C-40 for closed
basins, where applicable)
Potable Water
City-wide 220 gallons per capita per day
Policy 1-4: Proposed capital improvement projects shall be evaluated and
ranked in order of priority according to the following criteria:
a) whether the project is needed to: protect the public health and safety,
to fulfill the City's legal commitment to provide facilities and services, or
to preserve or achieve full use of existing facilities.
b) whether the project: increases efficiency or use of existing facilities,
prevents or reduces future improvement cost, provides service to
developed areas lacking full service, or promotes in-fill development;
and,
c) whether the project represents a logical extension of facilities and
service from the City to the urban fringe, or is compatible with the
plans of the State Agencies or the St. Johns River Water Management
District that may provide public facilities within the City jurisdiction.
Policy 1-5: In conformance with Section 163.3202, Florida Statutes, the City
shall, in its adopted Land Development Regulations, continue to utilize and
implement a program for land dedication, payment-in-lieu of dedication, or some
other form of impact exaction as a requirement of land subdivision or land
VIII-4
development for the purpose of retaining easements for utility and traffic
circulation systems, in order to satisfy all adopted levels of service.
Polic_~: The City through adoption and implementation of Land Development
Regulations, comprehensive plan goals, objectives and policies, use of impact
fees, other forms of development impact exactions, implementation of the annual
budget and 5-year capital improvements schedule shall ensure the availability of
public facilities and services concurrent with the impacts of development.
Development orders and permits shall not be issued unless the necessary
infrastructure items and services are available subsequent to plan adoption.
Policy 1_7: The City shall continue to participate with Lake County and the
Lake-Sumter Metropolitan Planning Organization in the transportation impact
fee program or adopt and implement a schedule of city impact fees, and
implement development impact exactions specified in the adopted Land
Development Regulations to ensure new development provides a pro rata share
of the costs necessary to finance public facility improvements necessitated by
such development in order to adequately maintain the adopted levels of service
for public services and facilities, (As amended through Ordinance #584-M, adopted Sept. 25, 2007, DCA 07-CIEI)
Polic_r~: Capital improvements identified and proposed within each individual
element of the Comprehensive Plan shall be consistent with those proposed with
the 5-Year Schedule of Capital Improvements. Sources of revenue identified
within Capital Improvements element, impact fees and development exactions
consistent with the Land Development Regulations shall provide direction in
expenditures for capital improvements.
Objective 2: Decisions regarding the issuance of development orders and
permits will be based upon coordination of the development requirements
included in this plan, the City's Land Development Regulations, and the
availability of necessary public facilities needed to support proposed
development.
Policy 2-1: It shall be the responsibility of the City's Development Review
Committee to verify that all development orders are consistent with the Land
Development Regulations adopted and implemented in conformance with Section
163.3202, Florida Statutes, the Comprehensive Plan, and Five-year Schedule of
Improvements.
BUDGETARY PROCEDURE
Objective 3: The Capital Improvements Element shall be updated annually to
VIII-5
reflect existing and projected capital needs in accordance with the adopted level
of service standards, for the purpose of assessing the costs of those needs
against projected revenues and expenditures.
Policy 3-1: Debt service shall not exceed 20% of annually budgeted revenues.
Policv 3-2: The City shall reserve Enterprise Fund surpluses, unless indicated
otherwise, for major capital expenditures.
Policy 3-3: Efforts shall be made to secure grants or private funds whenever
available to finance the provision of capital improvements.
Policy 3-4: The City shall continue to require collection and utilization of a
proportion of impact fees under the auspices of Lake County, and develop,
adopt, and implement city impact fees for the purpose of subsidizing the costs of
public facility improvements.
Objective 4: A 5-year capital improvements plan shall be provided along with
the annual budget in order to prioritize the reservation of funds for needed
future capital facilities.
Policy 4-1: The City's Finance Director shall prepare a 5-year Capital
Improvement Plan on an annual basis along with the City's Annual Budget; it
shall address all capital needs of the City.
5-YEAR SCHEDULE OF IMPROVEMENTS
Objective 5: Capital improvements will be provided to correct existing
deficiencies, to accommodate desired future growth, and to replace worn-out or
obsolete facilities, as indicated in the 5-Year Schedule of Improvements of this
element.
Policy 5-1: The City Council, City Manager and department directors, shall have
the opportunity to participate in a capital facilities planning process for the
purpose of evaluating and ranking in order of priority, projects proposed for
inclusion in the 5-Year Schedule of Improvements.
Polic_T~: The City of Clermont adopts by reference the 5-Year Facilities
Master Plan FY 2009-2013 as formally adopted by the Lake County School
Board on Sept. 22, 2008, and as amended, into the City's 5-Year Schedule of
Capital Improvements. (As amended through Ordirznnce 609-M, adopted Noy. 12, 2008, DCA 08PEFE1)
VIII-6
Policy 5-3: The City hereby adopts the following 5-year Schedule of
Improvements and will update this Schedule on an annual basis: rAs amended through
Ordinance 609-M, adopted Nov. 12, 2008, DCA 08PEFE7/
VIII-7
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CHAPTER IX
PUBLIC SCHOOLS FACILITIES ELEMENT
IX-1
PUBLIC SCHOOLS FACILITIES ELEMENT
GOAL 1: It is the Goal of the City of Clermont to work with the Lake County School
Board and provide for the future availability of public school facilities in a
manner consistent with the adopted level of service standard. The
implementation of school concurrency will be accomplished by adhering
to and recognizing the City's authority in land use decisions, which
include the authority to approve or deny comprehensive plan
amendments, re-zonings, or other development orders that generate
students and impact the Lake County school system; and the Lake
County School Board's statutory and constitutional responsibility to
provide adequate public schools.
OBJECTIVES:
1. Level of Service (LOS) standards shall be adopted in order to ensure that
there is sufficient school capacity to support student growth for each year of
the five-year planning period and for the long term planning horizon.
Policies:
a. The LOS is defined as school enrollment as a percentage of school
student capacity based upon the Florida Inventory of School Houses
(FISH). The LOS standard is the maximum level of school utilization that
will be permitted in the Lake County School District. The LOS for all
schools shall be set at 100% of 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 level of service maintained at 100% of the
school capacity. In no instance shall the school capacity increase more
than 125% due to additional CORE (dining) capacity.
b. The adopted LOS standard shall become applicable to the City no later
than June 1, 2008.
c. Individual schools are discouraged from operating in excess of the
established LOS. Moreover, the issuance of development orders and
building permits shall be strictly conditioned upon the availability of school
capacity and the maintenance of the adopted LOS.
d. The LOS standards will be used to determine whether sufficient school
capacity exists to accommodate future development projects, and
evaluate the sufficiency of the Five-Year Schedule of Capital
Improvements. The Five-year Schedule of Capital Improvements shall
be reviewed, updated, and adopted annually thus ensuring those projects
necessary to address existing deficiencies, and to meet future needs
IX-2
based upon our adopted level of service standards, are adequately
planned for. Furthermore, 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 Level of Service
Standards for Concurrency Service Areas will be achieved and
maintained.
e. In coordination with Section 5.3 of the Interlocal Agreement between
Lake County, Lake County School Board and Municipalities for School
Facilities Planning and Siting, future amendments to the Concurrency
Service Areas (GSA's) may be accomplished by the School Board only
after review and comment by the County and other municipalities within
Lake County as provided in Section 5.1.1 of the Interlocal Agreement.
Amendments to the GSA's shall be established to maximize available
school capacity, taking into account transportation costs, desegregation
plans, diversity policies, and the extent to which development approvals
have been issued by a local government based on the availability of
school capacity in a CSA contiguous to the CSA in which the
development approval was issued. Amendments to the GSA's and
attendance zones shall be designed to make efficient use of new and
existing public school facilities in accordance with the Level of Service
Standards set forth in the Interlocal Agreement.
2. Ensure that comprehensive plan amendments and other land use decisions
are simultaneously evaluated with school capacity availability within the City.
Policies:
a. School Board findings and comments on the availability of adequate
school capacity shall be considered when evaluating the decision to
approve comprehensive plan amendments and other land use decisions
as provided for in s. 163.3177 (6)(a), F.S.
b. The School Board shall review potential new development student
generation impacts and available school capacity. Where capacity will
not be available to serve students from the property seeking development
approval and proportionate share mitigation is not an option, the School
Board shall not issue a favorable concurrency determination. The City
may use lack of school capacity demonstrated by an unfavorable
concurrency determination as a reason for denial.
3. Ensure that the planning and construction of educational facilities are
coordinated so that the timing is proper, the selected location is compatible
with the surrounding area, the construction is concurrent with necessary
services and infrastructure and the proposal is consistent with the
comprehensive plan.
IX-3
Policies:
a. The City shall coordinate with the School Board so that proposed public
school facility sites are consistent with the applicable land use
designations and policies of the comprehensive plan. Pursuant to
Section 235.193, F.S., the City will consider each site plan as it relates to
environmental concerns, health, safety and welfare, and effects on
adjacent property. In addition, road capacity and traffic concerns will also
be evaluated. The City will also continue to pursue the development of
mutually acceptable guidelines for the selection of future school sites
including, but not limited to:
- Acquisition of school sites which allow for future expansions to
accommodate future enrollment and other facility needs
deemed beneficial for joint-uses, as identified by the Lake
County School Board and the City;
- Coordination of the location, phasing ,and development of
future school sites to ensure that site development occurs in
conjunction with the provision of required infrastructure to
serve the school facility;
- Preferences for urban and urbanizing areas; and
- Provide for allowances for rural sites as deemed
necessary and appropriate under certain circumstances.
b. The City shall coordinate with the School District to evaluate and locate
potential sites where the co-location of schools with other public facilities,
such as parks, libraries, and community centers can be selected.
4. Enhance community design through effective school facility design and siting
standards. Encourage the siting of school facilities so that they are compatible
with the surrounding land use.
Policies:
a. The City shall closely coordinate with the School Board in order to
provide consistency between the City's comprehensive plan and public
school facilities programs, such as:
Greater efficiency for the School Board and the City by
locating schools to take advantage of existing and planned
roads, water, sewer, parks, and drainage systems;
- Improved student access and safety by coordinating the
construction of new and expanded schools and sidewalk
IX-4
construction programs;
- The location and design of schools with parks, ball fields,
libraries, and other community facilities to take advantage of
shared use opportunities;
- The expansion and rehabilitation of existing schools to support
neighborhoods.
b. Local governments and the school district shall coordinate emergency
preparedness issues including, but not limited to, the use of school
facilities as public shelters during emergencies.
c. Public schools shall provide bicycle and pedestrian access consistent
with Florida Statutes. Bicycle access and trails to public schools should
be incorporated in trail projects and programs that are currently
scheduled by the City and County. Parking and sidewalks at public
schools will be provided consistent with the comprehensive plan.
d. Schools shall be designed consistent with the comprehensive plan. Land
uses in which schools will be an allowable use will be directed by the
City's comprehensive plan and any subsequent zoning and land
development codes must be consistent with the comprehensive plan.
GOAL 2: It is the Goal of the City to establish a process for the implementation of
school concurrency by providing for capacity determination standards,
availability standards, applicability standards, and proportionate share
mitigation.
OBJECTIVES:
1. Establish capacity determination standards.
Policies:
a. The School Board shall determine whether adequate school capacity
exists for a proposed development based on LOS standards.
b. The School District shall conduct a concurrency review that includes
findings and recommendations of whether there is adequate school
capacity to accommodate the proposed development for each type of
school within the City consistent with the LOS standard. The School
District shall issue a concurrency determination based on the findings
and recommendations.
2. Establish availability standards.
IX-5
Policies:
a. The City shall not deny a subdivision plat or site plan for the failure to
achieve and maintain the adopted level of service for public school
capacity where:
1. Adequate school facilities will be in place or under construction within
three (3) years after the issuance of the subdivision plat or site plan
according to the School Boards 5 year Capital Improvement Plan at
the time of approval;
2. Adequate school facilities are available and the capacity impacts of
development can be satisfied by utilizing available capacity in an
adjacent Concurrency Service Area or;
3. The developer executes a legally binding commitment to provide
mitigation proportionate to the demand for public school facilities to
be created by the actual development of the property subject to the
final plat or site plan.
b. If the School District determines that adequate capacity will not be in
place or under construction within three (3) years after the issuance of
final subdivision or site plan approval according to the Lake County
School Boards 5 year Capital Improvement Plan at the time of approval
and mitigation is not an acceptable alternative, the School District shall
issue a School Concurrency Determination stating that capacity is not
available. If the School District determines that adequate capacity does
not exist, but mitigation, through proportionate share mitigation is an
option, the development will remain active pending the conclusion of
mitigation negotiations.
3. Establish proportionate share mitigation alternatives which are financially
feasible and will achieve and maintain the adopted level of service standard
consistent with the adopted School Board's financially feasible Capital
Improvement Plan.
Policies:
a. In the event that mitigation is an acceptable alternative to offset the
impacts of a proposed development, where the adopted LOS standards
would otherwise be exceeded, the following options listed below, for
which the School District assumes operational responsibility through
incorporation in the adopted School Board's financially feasible Capital
Improvements Program and which will maintain the adopted LOS
standards, shall include but not limited to:
IX-6
1. The donation, construction, or funding of school facilities created by
the proposed development.
2. The creation of mitigation banking based on the construction of a
public school facility in exchange for the right to sell capacity credits.
b. Proposed mitigation shall be directed toward a permanent capacity
improvement identified in the School Board's financially feasible 5-Year
Capital Improvement Program. Consideration may be given by the
School Board to place an additional improvement required for mitigation
on its Capital Improvement Program. The proposed mitigation must
satisfy the demand created by the proposed development consistent with
the adopted LOS standards or identified as an amendment to the
adopted Capital Improvement Program. Portable classrooms will not be
accepted as mitigation.
c. Mitigation shall be directed to projects on the School Board's financially
feasible Capital Improvement Program that the School Board agrees will
satisfy the demand created by that development approval, and shall be
assured by a legally binding development agreement between the School
Board, the relevant local government, and the applicant executed prior to
the issuance of the subdivision plat, site plan, or functional equivalent. If
the school agrees to the mitigation, the School Board must commit in the
agreement to placing the improvement required for mitigation on its
Capital Improvement Program. This development agreement shall
include landowner's commitment to continuing renewal of the
development agreement upon its expiration.
d. The applicant's total proportionate-share mitigation obligation to resolve a
capacity deficiency shall be based on the following formula, for each
school level: multiply the number of new student stations required to
serve the new development by the average cost per student station. The
average cost per student station shall include school facility development
costs and land costs. The applicant's proportionate-share mitigation
obligation will be credited toward any other impact fee or exaction
imposed by local ordinance for the same need, on adollar-for-dollar
basis, at fair market value. The process to determine proportionate share
mitigation obligation shall be as follows:
IX-7
Step 1: Determine the number of students to be generated by the development
Number of Dwelling Units in the proposed development (by unit type)
MULTIPLIED BY
Student Generation Rate (by type of DU and by School Type)
EQUALS
Number Students Stations needed to serve the proposed development
Step 2: Comparing the available capacity to the number of student stations calculated in Step 1 to
assess the need for mitigation
Available Capacity
MINUS
The Number of new Students Stations needed to accommodate the proposed development
EQUALS
The shortfall (negative number) or surplus (positive number) of capacity to serve the development
Step 3: Evaluating the available capacity in contiguous service areas
If Step 2 results in a negative number, repeat that step for one or more contiguous service areas. If
this step results in a negative number, then proceed to step 4 to calculate the proportionate share
mitigation.
Step 4: Calculating proportionate share mitigation
Needed additional Student Stations from Step 3
MULTIPLIED BY
Average cost per Student Station
4. The student generation rates used to determine the impact of a particular development
application on public schools shall be consistent with Lake County School Board and
Florida Department of Education Standards. The student generation rates shall be
reviewed and updated every two (2) years in accordance with professionally accepted
methodologies.
IX-8