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O-364-CCITY OF CLERMONT ORDINANCE N0.364-C AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, PERTAINING TO PUBLIC SCHOOL CONCURRENCY, AMENDING THE LAND DEVELOPMENT CODE, ADDING LANGUAGE TO SECTION 90-30 CONCURRENCY TEST REQUIREMENTS, ADDING SECTION 90-31 SCHOOL CONCURRENCY, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clermont has determined that the safe, convenient, orderly and adequate provision of public school facilities is essential to the health, safety and general welfare of the citizens of Clermont; and WHEREAS, in order to provide adequate public school facilities in a timely manner and at appropriate locations, the City of Clermont will work with the Lake County School Board to provide for the future availability of public school facilities in a manner consistent with the adopted level of service standard; and WHEREAS, Chapter 1013, Florida Statutes, require the coordination of planning between School Board and local governments to ensure that the plans for the construction and opening of public educational facilities are coordinated in time and place with plans for residential development; and WHEREAS, Section 163.3177 (6) (h), Florida Statutes, requires the County and the Municipalities to coordinate the adopted local comprehensive plans with each other and the plans of the School Board; and WHEREAS, Section 163.3180(13), Florida Statutes, authorizes the County and the Municipalities to adopt a school concurrency program; and WHEREAS, Section 163.3180(13) (g), Florida Statutes requires that prior to establishing a school concurrency program, the County and the Municipalities and the School Board adopt an interlocal agreement for school concurrency to satisfy Section 163.3177(61 (h)1 and 2, Florida Statutes; and WHEREAS, the County, Municipalities and the School Board have entered into an interlocal agreement which satisfies Section 163.3180(13) (g), Florida Statutes; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, Section 163.3161, et seq., Florida Statutes, requires each local government in the State of Florida to adopt a comprehensive plan to guide and control future development, and authorizes and requires the adoption of land development regulations; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act and Florida Administrative Code, Rule 35-5, requires that when schools are 1 CITY OF CLERMONT ORDINANCE N0.364-C adopted as a concurrency requirement that realistic, adequate and financially feasible, Levels of Service be set and that these Levels of Service be consistent with the land use, density, intensity, and location of development and the capital improvement element; and WHEREAS, Section 163.3177(3) (a), Florida Statues requires that a Comprehensive Plan contain a financially feasible capital improvements element designed to consider the need for and location of public facilities. This element must also outline principles for correcting existing public facility deficiencies which are necessary to implement the Comprehensive Plan; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, F.A.C., Rule 9J-5 and the City of Clermont Comprehensive Plan require that no development order be issued which results in a reduction in the Level of Service below the adopted Level of Service and that public facilities be available concurrent with the impacts of the Development Section 163.3177 (10) (h) and 163.3202 (2) (g), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont, Florida, as follows: SECTION 1: The recitals set forth above are hereby adopted as legislative findings of the City Council of the City of Clermont, Florida. SECTION 2: The City of Clermont Code of Ordinances Chapter 90, "concurrency Management" is hereby amended to create Article III, "School concurrency", which shall read as follows: Section 90-30. concurrency test requirements For development that requires one or more public facilities which are provided by entities other than the city, the city shall condition the issuance of any final development order for the same parcel on the availability of such public facilities (See Section 90-31). Section 90-31. School concurrency 1. It is the intent of this ordinance to implement the goals, objectives, policies and standards of the City of Clermont Comprehensive Plan, as amended, and particularly, the Public School Facilities Element and to implement the Interlocal Agreement between Lake County, the Lake County School Board and Municipalities for School Facilities Planning and Siting (hereafter referred to the "Agreement"). 2. Unless otherwise provided herein, this ordinance shall apply to all development orders with any residential component and any amendment to an existing development order to the extent that the student generation is increased above what was previously approved, or any other official action of the City of Clermont having the effect of permitting residential development of land. The following residential uses shall be considered exempt from the requirements of school concurrency (unless the development approval for such use required it to meet School concurrency). 2 CITY OF CLERMONT ORDINANCE N0.364-C a. Single family lots having received final plat approval prior to the effective date of the City's School Concurrency Ordinance or other lots which the City has determined are vested based on statutory or common law vesting. b. Multi-family residential development having received final site plan approval prior to the effective date of the City's School Concurrency Ordinance or other multi-family residential development which the City has determined is vested based on statutory or common law vesting. c. Amendments to residential development approvals issued prior to the effective date of the City's School Concurrency Ordinance, which do not increase the number of residential units or change the type of residential units proposed. d. Age restricted communities (as defined in the School Concurrency Ordinance) that are subject to deed restrictions prohibiting the permanent occupancy of residents under the age of eighteen (18). Such deed restrictions must be recorded and must be irrevocable for a period of at least fifty (50) years. e. Plats or residential site plans which include four (4) or less units. For purposes of this section, a property owner may not divide his property in to several developments in order to claim exemption as allowed by this section. In making a determination as to whether a property is exempt under this section, the City shall consider in addition to the ownership at the time of the application the ownership as of the date of the adoption of this agreement. 3. To ensure the capacity of schools is sufficient to support student growth at the adopted Level of Service for each year of the five-year planning period and through the long term planning period, after June 1, 2008, the following Level of Service standard shall be established for all schools of each type within each CSA and each individual school: a. Elementary: 100% of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to 125% of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity. b. Middle: 100% of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to 125% of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity. 3 CITY OF CLERMONT ORDINANCE N0.364-C c. High: 100% of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to 125% of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity. 1. For purposes of (1), (2), and (3) above, non-conversion charter schools shall be counted as FISH capacity if an agreement has been entered between the charter school and the School Board which requires the school facility to be constructed in accordance with Florida Department of Education standards for public schools; which provides that the school facility will be provided to the School Board for its use if the charter school fails to operate satisfactorily; and, which provides that if there are financing arrangements for the school, the School Board will be able to operate the school without having to be responsible for such financing costs or that the School Board is willing and able to accept responsibility for such costs. 2. For purposes of (1), (2) and (3) above, a developer financed public school shall be counted as FISH capacity if an agreement has been entered between the developer and the School Board which requires the school facility to be constructed in accordance with Florida Department of Education standards for public schools; which requires that the Developer transfer the school facility to the School Board upon its completion; and, which provides that if there are financing arrangements for the school, the School Board will be able to operate the school without having to be responsible for such financing costs or that the School Board is willing and able to accept responsibility for such costs. 4. The following procedures will be utilized to obtain a School Concurrency Determination from the Lake County School Board and to allow for mitigation if a development proposal is determined not to be in compliance. 5. A completed application provided by and delivered to the Lake County School Board must be submitted concurrent with a final development order by an applicant proposing residential development. The application at a minimum shall include the following information: a. Proposed Development Name b. Application Type 4 CITY OF CLERrV10NT ORDINANCE N0.364-C c. Intake Date d. Signature of Agent e. Number of Residential Units broken down by unit type f. Property Deed g. Consent Form h. Phasing Plan (If Applicable) i. Site Plan j. Survey k. Justification Statement 1. Location Map 6. Within three days of submitting to the School Board, the applicant must present a copy of the application to the City. The City shall provide a Determination of Authenticity to the School Board within three days of receiving the application. 7. The School Board shall review the application in accordance with the provisions of Section 5.5.2 of the Agreement and base the concurrency determination on standards outlined in Section 5.5.3 of the Agreement. 8. No development order shall be approved unless a Letter of Determination of concurrency has been issued by the School Board finding the development in compliance. 9. Once the School Board has reviewed the application it shall issue a Letter of Determination of concurrency within 30 days if the impact of the proposed developments student growth does not cause the adopted Level of Service to be exceeded. 10. If the development is not in compliance, the Letter of Determination of concurrency shall detail why the development is not in compliance and shall offer the applicant the opportunity to enter into a 90 day negotiation period in accordance with the provisions of Section 5.6 of the Agreement. 11. During the 90 day negotiation period the applicant shall meet with the School Board in an effort to mitigate the impact from the development. a. Mitigation shall be limited to those options which the School Board recognizes and assumes the responsibility to operate and which will maintain the adopted Level of Service standards for the first five years from receipt of the School Boards Letter of Determination of concurrency. b. The City of Clermont shall have the opportunity to review the mitigation options. c. The City Council shall approve all Proportionate Share 5 CITY OF CLERMONT ORDINANCE N0.364-C Agreements. 12. If mitigation is not agreed to, the Letter of Determination of Concurrency shall detail why mitigation proposals were rejected and detail why the development is not in compliance. In this case, no development order shall be issued. 13. If the School Board and the applicant agree to mitigation, the Letter of Determination of Concurrency shall be issued based on the agreed mitigation measures and an agreement between the School Board, the City and the applicant. 14. A Letter of Determination for School Concurrency, finding the development in compliance, issued by the School Board shall be valid for one year from the date of issuance unless extended by the School Board. Once the development order is issued, the concurrency determination shall run with the development order. 15. If the Letter of Determination of Concurrency requires conditions or mitigation to be placed on the development, the development order issued by the City of Clermont shall incorporate conditions as set forth by the School Board. 16. If the Letter of Determination of Concurrency requires the development to be phased to school construction or other mitigation, the conditions of approval of the development order shall reflect the phasing requirements by withholding subsequent development orders for building permits. 17. In no case shall a development order be issued unless provisions are made through conditions of approval or by agreement between the School Board, the City and the applicant to provide Performance Security when required. SECTION 3: CONFLICTS. In any case where a provision of this Ordinance is found to be in conflict with a provision of any other ordinance of this City, the provision which establishes the higher standards for the promotion and protection of the health and safety of the people shall prevail. SECTION 4: SEVERABILITY. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 5: CODIFICATION. The provisions of this Ordinance shall be codified as and become and be made a part of the Land Development Code of the City of Clermont. The Sections of this Ordinance may be renumbered or re-lettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. 6 CITY OF CLER.'I70NT ORDINANCE N0.364-C SECTION 6: The provisions of this ordinance shall be effective as provided by law. PASSED AND ORDAINED BY the City of Clermont, Lake County, Florida on this 24"' day of February 2009. _--- ~-~-~~ HAROLD S. TURVILLE, .Mayor ATTEST: :_ TRACY,gACKROYD,~City Clerk 7