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O-618-MCITY OF CLERMONT ORDINANCE No. 618-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 CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENTS; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENTS; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City of Clermont on August 13, 1991, in accordance with the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and WHEREAS, the Comprehensive Plan of the City of Clermont may be amended pursuant to Florida Statutes s. 163.3187; and WHEREAS, the Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing Apri17, 2009 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 April 14 and Apri128, 2009 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 Capital Improvements Element of the Comprehensive Plan of the City of Clermont is hereby amended as shown in Exhibit A. CITY OF CLERMONT ORDINANCE No. 618-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 All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.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 28t~ DAY OF APRIL 2009. Harold S. Turville, Jr., Mayor ATTEST .' , r Tracy Ackroyd, C'ty Clerk ,` Exhibit A CITY OF CLERMONT COMPREHENSIVE PLAN (ADOPTABLE PORTION) GOALS, OBJECTIVES AND POLICIES AUGUST 1991 AMENDED THROUGH APRIL 2009 Capital Improvements Element amended through Ord. #618-M, adopted 4/28/09, DCA 08-CIE1. 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, 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. i TABLE OF CONTENTS GOALS, OBJECTIVES AND POLICIES Chapter I II III IV V VI VII VIII IX Title Future Land Use Element Transportation Element Housing Element Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Ground Water Aquifer Recharge Element Conservation Element Recreation 8v Open Space Element Intergovernmental Coordination Element Capital Improvements Element Public Schools Facilities Element Page I-1 II-1 III-1 IV-1 V-1 VI-1 VII-1 VIII-1 IX-1 ii 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. Polic~l=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- 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 Noo. 12, 2008; DCA 08-2) 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 amended through Ordinance 609-M, adopted Nou.12, 2008, DCA 08-PEFElJ 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 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 VIII-3 Sanitary Sewer Flow Rate (Peak) Solid Waste City-wide Drainage City-wide Potable Water City-wide 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 Polio: 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. Polio: 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. VIII-4 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 fac111t1eS. (As amended through Ordinance #584-M, adopted Sept. 25, 2007,• DCA 07-CIE1J Policy 1-8: 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. Polio: 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. Policy 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. VIII-5 Policv 3-3: Efforts shall be made to secure grants or private funds whenever available to finance the provision of capital improvements. Policv 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. Polio: 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. Policv 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. Policv 5-2: 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. 24, 2007, and as amended, into the City's 5-Year Schedule of Capital Improvements. (As amended through Ordinance 618-M adopted Apri128, 2009 and by 609-M, adopted Noa.12, 2008, DCA 08-PEFEl) Policv 5-3: The City hereby adopts the following 5-year Schedule of Improvements and will update this Schedule on an annual basis: VIII-6 4 6 6 ~ ~ ~ ~ i~~~~ ~I ~I a H H H O N w N C ~6 Q n o 0 0 `> ~ 0 ° < 0 ~, ~n F» j I 0 ~ f» 0~ ~, ~ > ~ n r oo o ri e» ~ 1 ~> i o ~ o o' <~' o o c ° o o ° t o p O O °o O 0 p _ 0 ~ o ~^ O O q ~~ > 0 ~ '. ~ O ~ V-~i ; ~f~. n . -1 W ~ ~ M ~ ~ fA EA ~ ff3 _~ - O O p ~ O O O O ~ <~ O' O bA Cam' O O , ~>' O H O p 0 i ~ i > O O O O O O O ~ O ~ i~ O O O O ~ ~ ~ ~ r ~ M E/T ER fA i t ER ~ ~ ° (>1 O O O O O O ~ ' ~~> OO O OO O ~ ~ ~c O O O O ~ O O (i . i O p ~ O O O /-. ~ O r' ~ f ~~FFT O ~ '. ~ ~ FF1 r~ Er ~ri ~~ n EAR N ER y ~"~.' ~ ~ ' ~ ' O ~ 4 r 1 ' _ p 0 p p , i) if, - n ~ !T M ~ i O ~ O ~ O 0 O ~ p ~ ~n~ N 0 ~ 0 ~ ~ , r ,- ~ ~~ M O N ~ N ~ ~ ~ ~ ~ ul r ~~ 6R EA i ~ f. t J ~ El? ', EH ..d N u ~ _ i ~ ..d ~ y ~ ~ ~ r . ~. 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