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O-608-MCITY OF CLERMONT ORDINANCE No. 608-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 FUTURE LAND USE, TRANSPORTATION, INTERGOVERNMENTAL COORDINATION AND CAPITAL IMPROVEMENTS ELEMENTS 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 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 Future Land Use, Transportation, ~ Intergovernmental Coordination and Capital Improvements elements of the Comprehensive Plan of the City of Clermont are hereby amended as shown in Exhibit A. CITY OF CLERMONT ORDINANCE No. 608-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. ~- l Haro d S. Turville, Jr., Mayor A T: Tracy Ac royd, City C1 k Exhibit A CITY OF CLERMONT COMPREHENSIVE PLAN (ADOPTABLE PORTION) GOALS, OBJECTIVES AND POLICIES AUGUST 1991 AMENDED THROUGH NOVEMBER 2008 Future Land Use, Transportation, Intergovernmental Coordination and Capital Improvements elements amended through Ord. #608-M, adopted 11/12/08, DCA 08-2. 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. 1 TABLE OF CONTENTS GOALS, OBJECTIVES AND POLICIES Chapter Title I Future Land Use Element II Transportation Element III Housing Element IV Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Ground Water Aquifer Recharge Element V Conservation Element VI VII VIII Recreation 8v Open Space Element Intergovernmental Coordination Element Capital Improvements Element Page I-1 II-1 III-1 IV-1 V-1 VI-1 VII-1 VIII-1 ii CHAPTER I FUTURE LAND USE ELEMENT I-1 FUTURE LAND USE ELEMENT Goals, Objectives and Policies GOAL: Ensure that the character, magnitude, and location of all land uses provides a system for orderly growth and development that achieves a balanced natural, physical, and economic environment, and enhances the quality of life of all residents. Objective 1: Consistent with the time frames delineated by Chapter 163, Florida Statutes, the City shall prepare, adopt, implement and enforce Land Development Regulations which effectively guide and manage future growth. Policy 1-1: In conformance with Section 163.3202, Florida Statutes, the City shall adopt and implement a unified Land Development Code which will regulate: all land uses shown on the Future Land Use Map, the subdivision of land, the location, size and the height of signage, and areas subject to seasonal or periodic flooding. Polic.~l=2: The City shall develop and adopt specific regulations which provide for drainage and stormwater management and protect potable water well fields and aquifer recharge areas. Policy 1-3: In conformance with Section 163.3202, Florida Statutes, the adopted Land Development Code shall ensure properly designed and safe ingress/egress is available to all sites, and that on-site traffic flow and parking shall be adequate to meet annual maximum daily requirements. Polic.~-4: In conformance with Section 163.3202, Florida Statutes, the adopted, unified Land Development Code shall ensure and provide that development orders shall be issued only upon certification that transportation facilities, water, sewer, solid waste, or other required facilities and services are available to serve proposed development at the adopted level of service, or are committed to be available concurrent with a development's completion. Policy 1-5: In conformance with Objective 1, above, the City shall establish, adopt and implement density and intensity standards for all future land uses as indicated on the Future Land Use Map and in the adopted Land Development Regulations. Specifically, the Residential Land Use subcategories shall delineate 1-4 units per acre as low density, 5-8 units per acre as medium density, and 9- 12 units per acre as high density. Single family densities shall occur at 1-6 dwelling units/acre, mobile homes shall occur at 1-8 units/acre, and I-2 multi-family densities shall occur at 2-12 dwelling units/acre. Commercial and industrial intensities shall be implemented utilizing the following criteria: a. Established impervious service coverage ratios as specified for each development district designated in the adopted Land Development Regulations. b. Established parking requirement standards as specified in the adopted Land Development Regulations. c. Established landscape and buffering standards as specified in ±he adopted Land Development Regulations. d. Established stormwater abatement standards specified in the adopted Drainage Element of the Comprehensive Plan and stormwater Management chapter of the Land Development Regulations. e. Commercial and industrial intensities shall not exceed a 1.0 floor area ratio except those within the established Central Business District (CBD) which shall not exceed a 3.0 floor area ratio. All other applicable land use intensities shall remain as provided in Table I-2. Ord. #3o1-M adopted 02/ 13/ 96, DCA Amendment # 96-01) Objective 2: The City through adoption of the Future Land Use Element, and the adoption of Land Development Regulations consistent with the time frames delineated by Chapter 163, Florida Statutes, shall provide and ensure future development and redevelopment activities are located in appropriate areas of the City as illustrated on the adopted Future Land Use Map; which shall be consistent with sound planning principles, and provides for control of urban sprawl in conformance with directives of the adopted Future Land Use Element. Future Land Use approvals shall be coordinated with and based upon suitable and appropriate topographic features, soil conditions and availability of facilities and services. Policv 2-1: The City shall advocate and foster the use of innovative land use development techniques such as planned unit development projects and cluster housing techniques. Policy 2-2: Concentrate high density and intensity growth in and around areas which are adequately served by transportation facilities, public utilities, and community services and facilities. Policv 2-3: In accordance with directives of this plan and the Future Land Use Map, the City shall locate future land uses at densities and intensities which will control all forms of urban sprawl and leap-frog development that unduly depletes the physical, social, and financial resources of the City. The City shall use the sprawl indicators in 9J-5.006 as guidelines for location of land uses and infrastructure provision. I-3 Polic_r~2-4: High density (8 to 12 units per acre) and intensity (C-2 zoning uses) growth shall not be permitted in conservation areas, or those areas best suited for continued low density (1 to 4 units per acre) and intensity (C-1 zoning uses) development. Policy 2-5: Residential subdivisions shall be designed to include an efficient system of internal circulation, including the provision of external collector streets, where needed, to guide traffic onto external arterial roads and highways. Policy 2-6: Develop a broad diversity of residential densities to satisfy the housing preferences and income levels of City residents. Polic.T~: Protect residential areas from incompatible commercial and industrial uses. Policy 2-8A: Provide residential areas of sufficient density to economically support adequate community facilities. Policy 2-8B: As designated on the Future Land Use Map, public schools are an allowable use in all land use categories except industrial and conservation areas. Public technical/training schools may be located in industrial areas. The location of public schools shall be proximate to existing and planned urban residential areas to the extent possible, and shall be located based on siting criteria that includes but is not limited to: school size, land area, land use compatibility, environmental impacts, availability of public utilities, transportation impacts and public safety. The City shall require the co-location of public facilities such as parks, libraries and community centers, with public schools to the extent possible. The following criteria shall apply: a. Public elementary schools shall be sited primarily in residential areas that include housing types and densities to meet the school's enrollment capacity with students who are predominately within walking distance of the school. b. Public middle and high schools may be sited in areas with a mix of land uses, including commercial. c. Access to public school sites should be from a collector road for middle and high schools or a minor collector or local road for elementary schools. Ingress and egress should not create detrimental impacts on roads adjacent to the site. Approaches to the site should be safe for pedestrians, bicycles, cars and buses. d. Public utilities shall be available to the site rod. #39~-M adopted 6~2~,00, Amendment~ss_oo~ I-4 Policv 2-9: Require central water and sewer systems for new urban developments, which are designed to be compatible with future public utility systems. Polio: Isolated residential developments that require higher service costs shall be prevented through proper implementation of policies 2-2, 2-3, 2-5, 2-8A, 2-11, 2-13, and other appropriate, adopted policies of this plan. Policy 2=11: In conformance with directives of this comprehensive plan and the Future Land Use Map, the City shall direct urban growth by providing community facilities in prime expansion areas and withhold these facilities from areas in which growth is to be discouraged. Policv 2-12: Approve the location of new development on the basis of the land's ability to support such uses without adversely affecting the natural environment through use of proper site plan review procedures in conformance with directives of the adopted Land Use Map series and criteria specified in the adopted Land Development Code. Policy 2-13: Prior to approval of locating future development, evaluate the impact of development on existing land use, in relation to employment, transportation, and essential services such as sewer, water, police and fire protection, and schools. Policy 2-14: Promote development of commercial areas which are convenient to the public, and well integrated into the transportation system and surrounding land uses. Policv 2-15: Commercial activities shall be guided to designated commercial areas and nodes through the use of proper zoning district designations which are appropriate to the intensity and type of use to be permitted, and pursuant to directives of the Future Land Use Element. Polic~2-16: Commercial activities shall be prohibited from locating in wetlands, 100-year flood plains or delineated conservation areas through the use of proper site plan review procedures, adopted flood plain management objectives, and adopted policies of this plan. Polic~2=17: Locate planned shopping centers and development serving regional and community-wide markets at the intersections of existing and proposed arterial roadways, in order to improve accessibility and minimize unnecessary traffic. I-5 Policv 2-18: Locate neighborhood shopping facilities within defined neighborhoods, situated on collector roads. Policy 2-19: Concentrate high intensity (C-2 zoning uses) commercial activities in commercial nodes and buffer them from residential and open space areas. Policy 2-20: Require adequate off-street parking and loading facilities in all commercial areas. Policy 2-21: The City shall, through application of proper development review procedures identified by the criteria and standards established in the adopted Land Development Regulations, permit industrial development which is compatible with the natural environment, while planning the development of prime industrial land as designated on the Future Land Use Map, in accordance with anticipated development trends for industrial use as specified in the Future Land Use Element. Policv 2-22: Specifically permit the type, intensity, and location of industrial development in such a way as to foster a diversified economic base, while not being detrimental to the City's aesthetics and the quality of life through appropriate land development district designation and adherence to proper planning principles. Policv 2-23: Designate the expansion of industry in those areas already having industrial amenities where land use conflicts shall not occur. Policv 2-24: Disallow industry from locating in residential areas. Policv 2-25: Permit and sanction the clustering of industrial activities in new industrial parks or in designated "industrial nodes," which are accessible to adequate transportation facilities. Polic,~-26: Protect existing industrial areas from encroachment by residential and non-compatible commercial uses. Policv 2-27: Separate industrial districts from residential and commercial districts through adequate buffering and screening. Policy 2-28: Provide approximately 11 acres of land suitable for industrial development to meet the growing industrial and employment needs of the City. Policv 2-29: Disapprove industrial rezoning requests for lands which are not located in industrial nodes or are incompatible with adjacent land uses. I-6 Policy 2-30: Disallow industrial activities from locating in wetlands, 100-year flood zones, and delineated conservation areas. Policv 2-31: In accordance with Policies 2-7, 2-13, 2-15, 2-19, 2-2 1, 2-23, 2-24, 2-26, 2-27, 2-29 and 2-30, the City shall provide for the compatibility of adjacent land uses. Objective 3: Upon Comprehensive Plan adoption, the City shall provide appropriate Land Development Regulations and review measures to ensure that all public facilities and services necessary to meet adopted level of service standards are available concurrent with the impacts of the development. Policv 3-1: Development permits shall be issued only upon certification that a stormwater permit has been issued or exempted by the appropriate jurisdictional agency, such as but not limited to, the City of Clermont, Florida Department of Transportation, or St. Johns River Water Management District. Polic,~-2: Development permits shall be issued only when level of service for stormwater management can be met and demonstrated to the City Engineer and the Department of Planning and Zoning by site design plans. Policy 3-3: Mixed land uses shall be permitted in the designated Central Business District (CBD) upon approval and in accordance with directives of the Future Land Use Element, the presently established and historically utilized future land use district designations specified in the Appendix "C" of the Future Land Use Element, and criteria established in adopted Land Development Code, to promote a historic, pedestrian, residential and business character for the CBD. Policv 3-4: The zone of protection shall be determined for each City potable water well by the City engineer in coordination and cooperation with the St. Johns River Water Management District, and these identified physical boundaries shall be the basis on which the use of hazardous substances shall be restricted, and which certain land uses which in and of themselves have a likelihood to endanger potable water supplies shall be regulated. These substances and/or uses shall be restricted and/or specially regulated for the purpose of protecting potable water supplies. The wellhead zone of protection shall be established and based upon pertinent hydrological information obtained for each individual site. Criteria for land use designation shall include a zone of exclusion for all uses (150 - 300 feet) based upon the established residential land uses that presently surround the existing sites. Regulation shall occur on all uses permitted within the remainder of the zone of influence. Prohibition of land uses such as: 1) facilities for the bulk storage, handling or processing of I-7 materials on the Florida Substance List; 2) activities that require the storage, use or transportation of restricted substances, agricultural chemicals, petroleum products, hazardous or toxic waste, or medical waste; 3) feed lots or other commercial animal facilities; 4) wastewater treatment plants, percolation ponds, and similar facilities; S) mines and excavation activities or facilities that may intersect with the water table, shall be required within the defined zone of influence. Polic~3=5: All delineated conservation land in the City including ponds, wetlands, 100-year flood plains and their associated vegetative communities, shall be conserved and protected from the effects of urbanization and development activities through the adoption and implementation of City Land Development Regulations. Polic~3-5A: The City shall ensure the preservation of natural communities and listed animal species habitat through land acquisition of natural areas and open SYIaCe. (As amended through Ordinance #562-M, adopted July 25, 2006; DCA 06-I) Policy 3-6: On-site traffic flow shall be controlled for safety, with appropriate marking, and signage, while minimizing egress on to arterial roads, and providing frontage or reverse frontage roads as designated by directives of the Transportation Element. Policv 3-7: On-site parking requirements for multi-family, industrial and commercial development shall be required to provide adequate parking for conditions based on maximal demand. Polio 3=8: Require the dedication and construction of frontage or reverse frontage roads to minimize the number of curb cuts on major roads. Policy 3-9: The development of residential, commercial and industrial land uses shall be timed and staged in conjunction with provision of supporting community facilities, such as, but not limited to, streets, utilities, police and fire protection service, emergency medical service and public schools. Polio-10: The developer/owner of any site shall retain ultimate responsibility for on-site construction, maintenance, and management of stormwater runoff, which shall be provided in such a manner that post-development runoff rates, volumes and pollutant loads do not exceed pre-development conditions. Policy 3-11: The City shall formally adopt the Land Use Element Maps which indicate 100-year flood hazard areas, ponding areas and wetland areas, as City conservation areas (Map I-14) until such time as a Master stormwater Drainage I-8 Study and Plan is completed and adopted to specifically designate sites and acreages to be reserved for conservation use. Policy 3-12: The City will adopt Land Development Regulations to establish a Concurrency Management System for public facilities. Policy 3-12.1: The Lake-Sumter Metropolitan Planning Organization's Transportation Concurrency Management System (TCMS) and Traffic Impact Study Methodology Guidelines Volume I: Lake County Checkbook TCMS dated May 28, 2008, and as amended, shall serve as the City's transportation Concurrency management system. (As amended through Ordinance 608-M, adopted Nov. 12, 2008; DCA OS-2J Policy 3-12.2: The City may require the owner/ developer of any site to participate in the requirements of Transportation Proportionate Fair Share should the required traffic impact study show such participation is warranted. (As amended through Ordinance 608-M, adopted Nov. 1$ 2008; DCA 08-2) Objective 4: Consistent with the time frames delineated by Chapter 163, Florida Statutes, the City shall provide necessary measures to ensure preservation and conservation of known historical resources. Policy 4-0: The City, through its adopted Historic Preservation Ordinance, will protect significant historic, cultural and archaeological resources. /As amended t,~-ough Ordinance 592-M, adopted June 24, 2008, DCA OS-]J Policy 4~-0.1 The City shall identify and inventory sites of historical significance. (As amended through Ordinance 592-M, adopted June 24, 2008, DCA 08-1J Policy 4-0.2 The City's Land Development Regulations shall provide for the protection of significant historic resources from the impacts of development and redevelopment. IAs amended through Ordinance 592-M, adopted June 24, 2008, DCA 08-1) Policy 4-0.3 Historic resources and their environments shall be considered for inclusion in public acquisition programs for appropriate passive recreation and for open space and conservation. I~ amended ihrongh ordinance 592-M adapted June 24, 2ooa, ncA o8-1~ Polio 4=1: If City construction activities reveal a suspected historical or pre-historical archaeological site, the City shall determine the extent and nature of the site and report such findings to the State of Florida, by a Master Site File application, and mitigate any impacts upon the site if the site is determined to be relatively intensive in cultural remains, or significant to the archaeological or historical record. Such determination of site extent, nature and significance shall be made by a professional archaeologist as recognized by the Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation. I-9 Policy 4-2: The City shall negotiate with landowners prior to the development review process, to avoid disturbance of known historical and pre-historical sites. Polic,~-3: The City shall request the assistance of the Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation in identifying sources of funding and programs as a means to identify, designate, protect and preserve pre-historic sites and historic resources in Clermont. Objective 5: Upon plan adoption, The City shall implement Housing Element directives for renewal and revitalization of substandard housing target areas within time frames and scope of assistance as identified within the element. Policy 5-1: The City shall utilize available governmental programs such as, but not limited to, the Community Development Block Grant program, for renewal and revitalization of substandard housing sites as identified on Map III-3 of the Housing Element. Objective 6: Upon plan adoption, the City shall provide specific mechanisms which reduce or eliminate existing land uses that are inconsistent with the community's character. Polic r~6-1: The City shall, through adoption of the Future Land Use Element, Map Series, Land Development Code and City Zoning Map, reduce or eliminate land uses that are inconsistent with the community's character. Objective 7: Within the time frames established by 163.3202, Florida Statutes, the City shall investigate, adopt, initiate, and enforce Land Development Regulations to ensure the protection of the City's natural and historic resources. Polio 7=1: The City shall adopt and enforce Land Development Codes and regulations that protect wetlands, 100-year flood prone areas, surface and ground water quality and quantity, endangered and threatened species, vegetative communities and historic resources. Objective 8: In conformance with concurrency objectives of the adopted comprehensive plan, the City shall ensure that suitable land is available for utility facilities to support proposed development. Polic.~8=1: The City shall monitor, evaluate, and provide level of service (LOS) standards to ensure that suitable land is available for utility facilities to support proposed development. Objective 9: Within the time frames established by Chapter 163, Florida I-IO Statutes, the City shall adopt a Land Development Code which contains directives that utilize innovative Land Development Regulations. Policy 9-1: In conformance with Section 163.3202, Florida Statutes, the adopted City Land Development Code shall provide criteria and standards to accommodate innovative land development techniques such as those identified in Policy 2-1 of this element. Objective 10: Although the City of Clermont is not located within the Green Swamp Area of Critical State Concern and not subject to Chapter 380, Florida Statutes, the City shall cooperate with the appropriate state and local agencies responsible for regulation and management of the resource. Policy 10- l : The City shall utilize both formal and informal modes of communication with the Florida Department of Community Affairs, St. Johns River Water Management District, Florida Department of Environmental Protection, Lake County and other appropriate state and local agencies that have jurisdictional authority or responsibility for regulation and management of the Green Swamp Area of Critical State Concern. Objective 11: For all public facilities and services except transportation, the Concurrency Management System provided in Appendix "D" of the Future Land Use Element shall serve as the mechanism to monitor and assure that public facilities and services are available concurrent with the impacts of development. The Lake-Sumter Metropolitan Planning Organization's Transportation Concurrency Management System (TCMS) and Traffic Impact Study Methodology Guidelines Volume I: Lake County Checkbook TCMS dated May 28, 2008, and as amended, shall serve as the City's transportation concurrency management System. (As amended tlu-ough Ordinance 608-M, adopted Nov. 12, 2008; DCA 08-2) Policy 11-1: In conformance with Objective 11 above, the City shall ensure that all levels of service adopted in Policy 1-3 of the Capital Improvements Element are monitored and maintained to meet the demands of permitted development and redevelopment within Clermont. Objective 12: Where applicable, the City shall coordinate land uses with hazard mitigation reports in the current Lake County Emergency Management Plan. I-11 CHAPTER II TRANSPORTATION ELEMENT II-1 TRANSPORTATION ELEMENT Goals, Obiectives, and Policies GOAL: To provide a system for both motorized and non-motorized modes of transportation which serves to maximize public safety, supply convenient access to destinations and is efficient in design. A. Intergovernmental Coordination Objective 1: The City shall coordinate development activities with Lake County, the Lake-Sumter Metropolitan Planning Organization and the Florida Department of Transportation (FDOT), to mitigate the projected capacity impacts along roadway segments of state, county, and City-owned roadways. The Department of Transportation Rule Chapter 14-97 shall serve as the standard. (As amended through Ordinance #584-M, adopted Sept. 25, 2007, DCA 07-CIE]J Policy 1-1: The City shall, through cooperative efforts with the Florida Department of Transportation, the Lake-Sumter Metropolitan Planning Organization and Lake County, establish guidelines which address curb and median cut placement along U.S. 27 and S.R. 50 in an effort to allow for stricter control of vehicle access, and to enhance public safety measures. rAs amended through Ordinance #584-M, adopted Sept. 25, 2007, DCA 07-CIE:J Policy 1-2: The City shall implement, as part of the development permit application process, a notification program that will inform the Florida Department of Transportation, the Lake-Sumter Metropolitan Planning Organization and Lake County when proposed development will result in an increased, traffic volume on state or county-owned roadways that will reduce the roadways' operating level of service. iAs amended through ord;nanae #584-M adapted Sept. 25, 200 DCA o7-~IEIJ Polio 1-3: The City shall, in conjunction with the Florida Department of Transportation, the Lake-Sumter Metropolitan Planning Organization and Lake County, examine design features of new or improvement road ways to facilitate opportunities of incorporating bicycle lanes or paths in such roadway improvements, which will provide citizens access to shopping, employment, educational and recreational centers. rAs amended through ordinance #584-M adapted Sept 25, 200 DCA o7-~IEI~ Policy 1-4: The City shall coordinate in the analysis of transportation plans and programs of the Florida Department of Transportation, East Central Florida Regional Planning Council, the Lake-Sumter Metropolitan Planning Organization and Lake County to establish consistency and compatibility with plans and policies set forth within the City's Comprehensive Plan. rAs amended through Ordinance #584-M, adopted Sept 25, 2007, DCA 07-CIE1J II-2 Polic~l=5: The City, through agreement with Lake County, the Lake-Sumter Metropolitan Planning Organization and the Florida Department of Transportation, shall implement a concurrency management system which establishes procedures to annually monitor the available capacity on all designated arterial and urban collector road ways that directly impact the City. (As amended through Ordinance #584-M, adopted Sept. 25, 2007, DCA 07-CIEl) B. Level of Service Objective 2: The City shall institute a comprehensive program to monitor motorized and non-motorized transportation systems for safety, access, efficiency, and level of service conditions. The Department of Transportation Rule Chapter 14-97 shall serve as the standard. Policy 2-1: The City does hereby adopt the following peak hour level of service standards for roadways within the City: Traffic Circulation 1. Principal Arterials- S.R. 50 Level of Service D at peak hour U.S. 27 (SIS facility) Level of Service C at peak hour 2. Minor Arterials- Level of Service D at peak hour 3. Local Collectors- Level of Service C at peak hour (As amended through Ordinance 608-M, adopted Noa. 12, 2008; DCA 08-2~ Policv 2- l . l : The City does hereby adopt by reference the Lake-Sumter Metropolitan Planning Organization's 5-Year Schedule of Capital Improvements as formally adopted by the Lake-Sumter Metropolitan Planning Organization on May 23, 2007, into the City of Clermont's 5-Year Schedule of Capital Improvements, /As amended through Ordinance #584-M, adopted Sept. 25, 2007, DCA 07-CIElf Policv 2-1.2: The Future Traffic Circulation System Map is hereby adopted by reference and included in the Transportation Element of the Goals, Objectives and Policies of the adopted comprehensive plan. rAs amended throagh ordinance #584-M adapted Sept 25, 200~~ DCA 07-CIEI/ Policy 2-2: The City shall institute a traffic count program to measure the average daily and peak hour traffic of local streets utilized as collector roadways on an annual basis. Polices 2=3: The City shall adopt and implement standards for trip generation II-3 estimates to be used in the development plan review process. Policy 2-4: The City shall review all development proposals and require they provide sufficient information to ascertain the proposed development's impact to the level of service on roadways in the City, and, shall issue a development order with the contingency that a certificate of occupancy for that development will be issued only if the impact of that development on the roadway system will maintain the adopted Level of Service standards. Policy 2-5: In conformance with Section 163.3202, Florida Statutes, the City shall adopt and implement Land Development Regulations that will require all new development and redevelopment to provide and dedicate additional right-of--way for existing road systems on which the present right-of--way is insufficient in width to maintain the adopted standards or level of service for projected future needs. Policy 2-6: In conformance with Section 163.3202, Florida Statutes, the City shall adopt and implement Land Development Regulations that will include requirements for on-site traffic flow for both motorized and non-motorized vehicles, which will assure safe and convenient movement of vehicles and pedestrians. Policy 2-7: The City shall continue to cooperate with Lake County in provision and use of the Lake County Traffic Impact Fee Program for improvement of City designated roadways. Policy 2-8: The City shall require the owners\developers of newly developing or redeveloping property to make all necessary land dedications and pay for all required circulation-related improvements consistent with the ultimate impact of the proposed project. Policy 2-9: The City shall review, revise, adopt and enforce appropriate property division, zoning, land use and design regulations to ensure consistency with the adopted Future Traffic Circulation System and Future Land Use maps. Objective 2.1: In conformance with the timeframes delineated by s. 163.3202, F.S., the City shall devise a formal ranking procedure based on items in Policy 2.1-1 to prioritize both needed roadway improvement projects and the expenditure of revenues. Policy 2.1-1: The City shall keep records of roadway, pedestrian, and bicycle accident frequency and use these records to formulate priorities for motorized and non-motorized traffic improvements. II-4 Objective 2.2: Upon adoption of this Plan, all decisions and actions the City initiates or implements which will have an impact on the traffic circulation system, shall be consistent with the adopted Future Land Use Map and future land use goals, objectives and policies of this plan. Policv 2.2-1: Proposed changes to the traffic circulation system shall be reviewed for the necessity and appropriateness of the proposed change in relation to future land uses as depicted on the Future Land Use Map and the adopted level of service standards. C. Non-Motorized Transportation Objective 3: Roadway design shall incorporate features for non-motorized transportation in an effort to provide access for all citizens and to maintain ambient air quality within Environmental Protection Agency and Florida Department of Environmental Protection standards. Policv 3-1: The City shall review, revise and implement Land Development Regulations to ensure all development will provide and dedicate pedestrian ways. Policy 3-2: The City shall incorporate bikeways in the design of roadway improvements and mark designated bicycle routes, which will provide citizens access to shopping, employment, educational and recreational centers. Policv 3-3: The City shall implement a program to prioritize sidewalk reconstruction and repair. Policv 3-4: All pedestrian ways constructed within the City shall be designed to be accessible to handicapped persons. D. Right-of--Way Preservation Objective 4: In conformance with Section 163.3202, Florida Statutes, the City shall adopt Land Use Regulations which will implement measures to preserve right-of--way for capacity expansion and establishment of a frontage or reverse frontage road system along arterial highways. Policv 4-1: To assist in the preservation of right-of--way for capacity expansion and frontage road systems, the City shall implement Land Development Codes and mechanisms to require and/or provide the right-of--way and infrastructure along property that abuts arterial highways. II-5 Policv 4-2: In conformance with Section 163.3202, Florida Statutes, The City shall adopt and implement Land Development Regulations which will require all new development and redevelopment that abuts arterial highways where parallel frontage roads are planned to provide for that portion of the frontage road that lies within their property. Polio-3: In conformance with Section 163.3202, Florida Statutes, the City shall adopt and implement regulations for future frontage or reverse frontage roads to control access along arterial roadways. Polic~4=4: Curb cuts shall be kept to a minimum along arterial roadways, and a frontage road system shall be used to provide access to properties and to enhance the safety of highways. Policv 4-5: Non-governmental signage and off-site signs shall be prohibited from placement on both existing and future rights-of--way. E. Aesthetic Features Objective 5: The City shall require that roadway improvements incorporate aesthetic detail into their design. Policv 5-1: Roadway improvements that incorporate medians or parkway in their design shall landscape these features to enhance the roadways' aesthetic vista. Polio 5-2: The City's Land Development Code shall require parking lots to be functionally landscaped to provide maximal shading, beauty and stormwater retention. Policv 5-3: The City shall disallow the installation of new billboards within the City of Clermont. F. Parkin Objective 6: The City shall monitor the availability of parking in the central business district to ascertain and plan for additional off-street parking as warranted. Policv 6-1: In conformance with Section 163.3202, Florida Statutes, the City shall adopt and implement Land Development Regulations that will require all new development to provide off-street parking for both motorized and non-motorized vehicles. II-6 CHAPTER VII INTERGOVERNMENTAL COORDINATION VII-1 INTERGOVERNMENTAL COORDINATION ELEMENT Goals, Obiectives 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. Polio: The City shall coordinate future planning activities with Lake Ccunty 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. i~ amended through ordinance 581-M, adopted Aug. ]4, 2007, DCA 07-I) 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 following: 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 Policy 1-3: 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. Policy 1-4: 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 coordinate with the Lake-Sumter Metropolitan Planning Organization, 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. iAs amended throagn ordtnanee 608-M adopted Nov. 12, 2008, DCA o8-21 Policy 1-6: The City shall coordinate traffic count inventory and analysis programs with the Florida Department of Transportation and Lake County. Polic~7: The City shall coordinate transportation planning activities with the Florida Department of Transportation, East Central Florida Regional Planning Council, Lake-Sumter Metropolitan Planning Organization, Lake County, and the cities of Minneola and Groveland in order to protect and preserve necessary future rights-Of-Way. BAs amended through Ordinance 608-M, adopted Nov. 12, 2008; DCA 08-2) Polices 1=8: The City shall coordinate planning activities with the Florida VII-4 Department of Transportation, Florida Department of Agriculture, East Central Florida Regional Planning Council, Lake-Sumter Metropolitan Planning Organization and Lake County to establish mechanisms for delineation and adoption of corridor roadway systems in and around the City of Clermont. (As amended through Ordinance 608-M, adopted Nov. 12, 2008; DCA 08-2) 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. Policv 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. Polio-3: 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. Policv 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. Policv 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. ordinance 581-M adopted Aag. 14, 200, DCA o~-1~ Policv 2-5.1: The City shall ensure that natural resources occurring in or VII-5 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 07-1 J 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 07-I) Polic~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 transportation, potable water, wastewater, drainage and solid waste services. 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 8s Families, Lake County Housing Authority and South Lake Chamber of Commerce to assist VII-6 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. 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. 8v 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 3-4: 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. Policy 3-5: 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. (As amended through Ordinance 581-M, adopted Aug. 14, 2007, DCA 07-]) VII-7 CHAPTER VIII CAPITAL IMPROVEMENTS ELEMENT VIII-1 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- l : 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. Policv 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. Policv 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- S.R. 50 Level of Service D at peak hour U.S. 27 (SIS facility) 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 (As amended through Ordinance 608-M, adopted NOV. 12, 2008; DCA 08-2J 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 Multi-sport Playfield Sanitary Sewer Flow Rate (Peak) Solid Waste City-wide Drainage City-wide Potable Water City-wide 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 1 per 5,000 persons 77.5 gallons per capita per day 6.63 pounds per capita per day 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) 220 gallons per capita per day VIII-3 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 development for the purpose of retaining easements for utility and traffic circulation systems, in order to satisfy all adopted levels of service. Policy 1-6: 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 suchd~evelopment in order to adequately maintain the adopted levels of service for pubhC SerVlCes and faCihties. (As amended through Ordinance #584-M, adopted Sept. 25, 2007, DCA 07-CIEl) Policy 1-g: Capital improvements identified and proposed within each individual VIII-4 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 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. Polic~3=1: Debt service shall not exceed 20% of annually budgeted revenues. Policy 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. VIII-5 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- l : 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. 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