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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. 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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