O-2015-76 CITY OF CLERMONT
ORDINANCE No. 2015-76
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
COMPREHENSIVE PLAN OF 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 CAPITAL IMPROVEMENTS ELEMENT OF THE
COMPREHENSIVE PLAN; 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 163.3187; and
WHEREAS, the Planning and Zoning Commission, acting as the Local Planning
Agency, held a public hearing November 3, 2015 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 November
10, 2015 and December 8, 2015 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 heanngs 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.
1
CITY OF CLERMONT
ORDINANCE No. 2015-76
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hereby repealed.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.
2
CITY OF CLERMONT
ORDINANCE No. 2015-76
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 8th day of December, 2015.
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Dame . Mantzans, City Attorney
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CITY OF CLERMONT
COMPREHENSIVE PLAN
CHAPTER XIII
CAPITAL IMPROVEMENTS ELEMENT
Adopted June 23, 2009
Amended Nov. 24, 2009
Amended Jan. 11, 2011
Amended Jan. 24, 2012
Amended Feb. 26, 2013
Amended May 27, 2014
Amended December 8, 2015
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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 4o require collection and utill7ation 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 pubhc 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
1 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 estabhshed 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 pubhc
facilities are available to serve the proposed development as determined by the concurrency
evaluation in the adopted Concurrency Management System.
Ordinance#2015-76 Amended Dec 8,2015
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CITY OF,CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Policy 1.2.3: The City shall require all pubhc 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 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.
Design Storm Frequency
Facility Type and Duration
Storm Sewers and Cross Drains 10 year/24-hour
Detention/ Retention Structures 50 year/24-hour
Retention with Percolation or Detention with Filtration 100-year/24 hour
• 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
all apphcable 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
Ordinance#2015-76 Amended Dec 8,201 5
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 facihties that are
related to the development
• Expected operation and maintenance costs associated with the new facilities required
by the development.
• Anticipated trevenues 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 ement a schedule of Cityiact 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.
Objective 1.4: Evaluation of Capital Projects. The City's capital projects shall be evaluated to
determine if they meet priontization 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
Ordinance#2015-76 Amended Dec.8,2015
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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 follow{ mg criteria.
• Whether the project is needed toprotect the pubhc health and safe fulfill the
p 1 �',
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 unproven-lent 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 ori 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 onlyif current funds aren
p of adequate to
_ 9
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 ratingagencies
and credit enhancement organizations.
Ordinance#2015-76 ? Amended Dec.8,2015
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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 facihties.
Policy 1.6.2: The City of Clermont adopts by reference the Five-Year Facilities Master
Plan FY 2015 2019 2016-2020 as formally adopted by the Lake County School Board on
September 9, 2013 14. 2015 and as amended, into the City's Five-Year Schedule of Capital
(amended Nor 24,2009,Ord 626-Al,amended Jan 11,2011,Ord 2011-01-Al,amended Jan 24,2012,Ord2012-03-Al,amended Feb26,
Improvements.
2013,Ord 2013-02,amended Alai 27,2014,Ord 2014 13,amended Der 8,2015,On12015-76)
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.
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CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
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CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
Appendix A
Rule 9J-5.0055, F.A.C., Concurrency Management System
(3) MINIMUM REQUIREMENTS FOR CONCURRENCY Every jurisdiction shall maintain
a concurrency management system to ensure that public facilities and services to support
development are available concurrent with the impact of development, consistent with the
provisions of this Chapter
(a) For sanitary sewer, solid waste, drainage, and potable water facilities, at a minimum, a local
government shall meet the following standards to satisfy the concurrency requirements.
1 A development order or permit is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services
are in place and available to serve the new development;or
2. At the time the development order or permit is issued, the necessary facilities and services are
guaranteed in an enforceable development agreement,pursuant to Section 163 3220, F.S., or an
agreement or development order issued pursuant to Chapter 380, F S , to be in place and available to
serve new development at the time of the issuance of a certificate of occupancy or its functional
equivalent [Section 163 3180(2)(a), F S.]
(b) For parks and recreation facilities, at a muumum, 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
facihties 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 facihties
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 m nimum, a local government shall meet the following
standards to satisfy the concurrency 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 pohcies.
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 tune 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 miriimis 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 fmancially
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:
Ordinance#2015- Amended Dec 8,2075
•
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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 m place or under construction; or
b A residential development order or pertrut is issued subject to the conditions that the
necessary facilities and services needed to serve the new development are scheduled to be m place or
under-construction not more than 3 years after permit issuance as provided m the adopted pubhc
school facilities program
2. For less than district-wide concurrency service areas. If pubhc school concurrency is apphed
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
m one or more contiguous service areas and school capacity is available district-wide as defined m
Section 163.3180(13)(e), F S
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CITY OF CLERMONT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS
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Ordinance#2015- Amended Dec 8,2015
A-4
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