7870-07
, ORDINANCE NO. 7870-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF
THE CITY AS ADOPTED ON MAY 18, 2000 AND AMENDED ON
JULY 12, 2001, OCTOBER 7, 2004, OCTOBER 20, 2005,
DECEMBER 15, 2005, AND AUGUST 14, 2007, BY AMENDING
THE FUTURE LAND USE, INTERGOVERNMENTAL
COORDINATION, AND CAPITAL IMPROVEMENTS ELEMENTS;
MAKING SUBSTANTIVE CHANGES TO THESE ELEMENTS;
AND BY CREATING A NEW PUBLIC SCHOOL FACILITIES
ELEMENT; AS AGREED UPON BY THE INTERLOCAL
AGREEMENT BETWEEN PINELLAS COUNTY, FLORIDA, THE
CITIES OF CLEARWATER, DUNEDIN, GULFPORT, LARGO,
MADEIRA BEACH, OLDSMAR, PINELLAS PARK, SAFETY
HARBOR, SEMINOLE, ST. PETERSBURG, ST. PETE BEACH,
AND TARPON SPRINGS, FLORIDA, AND THE SCHOOL
BOARD OF PINELLAS COUNTY, FLORIDA, IN ACCORDANCE
WITH SECTIONS 163.3177 AND 163.31777, FLORIDA
STATUTES, TO ESTABLISH JOINTLY THE SPECIFIC WAYS IN
WHICH THE PLANS AND PROCESSES OF THE DISTRICT
SCHOOL BOARD AND LOCAL GOVERNMENTS ARE TO BE
COORDINATED, TO ADDRESS THE REQUIREMENTS IN
SECTION 163.3180(13) REGARDING SCHOOL
CONCURRENCY, TO PROVIDE A UNIFORM SYSTEM OF FREE
PUBLIC SCHOOLS ON A COUNTYWIDE BASIS, AND TO
IMPLEMENT THE LAND USE AUTHORITY OF LOCAL
GOVERNMENTS, INCLUDING THEIR AUTHORITY TO
APPROVE OR DENY COMPREHENSIVE PLAN AMENDMENTS
AND DEVELOPMENT ORDERS, AND TO ESTABLISH A
UNIFORM PUBLIC SCHOOL FACILITIES ELEMENT AND LAND
DEVELOPMENT REGULATIONS TO ASSIST THE PARTIES IN
ASSURING THAT SUFFICIENT CAPACITY IS AVAILABLE FOR
NEW AND EXISTING STUDENTS IN SCHOOL FACILITIES;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE;
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of the City
of Clearwater to plan for the future development and growth of the City, and to adopt and
periodically amend the Comprehensive Plan, including elements and portions thereof; and
WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000
by Ordinance Number 6522-00; and
Ordinance No, 7870-07
WHEREAS, the City Council approved Ordinance Number 6794-01, which amended
the Comprehensive Plan of the City on July 12, 2001; and
WHEREAS, the City Council approved Ordinance Number 7295-04, which amended
the Comprehensive Plan of the City on October 7, 2004; and
WHEREAS, the City Council approved Ordinance Number 7388-05, which
amended the Comprehensive Plan of the City on October 20, 2005 and December 15,
2005; and
WHEREAS, the City Council approved Ordinance Number 7782-07, which amended
the Comprehensive Plan of the City on August 14, 2007; and
WHEREAS, the City is making these changes to the Comprehensive Plan in
accordance with statutory requirements and the Interlocal Agreement; and
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting the
appropriate planning analysis, and public participation through public hearings, opportunity
for written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated Local
Planning Agency for the City, has held a public hearing on the proposed amendments and
has recommended adoption of the proposed Comprehensive Plan amendments; and
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comments, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Council, together with all comments from local
regional agencies and other persons, in preparing the final draft of the amendments; and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt the
amendments to the objectives and policies of the Comprehensive Plan in order to reflect
changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments 1 - 6 to the Clearwater Comprehensive Plan
attached hereto as Exhibit "A" are hereby adopted.
Section 2. Severability. If any section, provision, clause, phrase, or application
of this Ordinance shall be declared unconstitutional or invalid for any reason by a court
of competent jurisdiction, the remaining provisions shall be deemed severable
therefrom and shall remain in full force and effect.
2
Ordinance No, 7870-07
Section 3. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to
be in compliance, or the Administration Commission issues a final order determining
the adopted amendments to be in compliance, in accordance with Section 163.3177,
163.3184,163.3187 or 163.3189, F.S., as amended.
PASSED ON FIRST READING
October 17. 2007
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
February 21. 2008
~.,! 7/
--t ~....-,-", ~..
I,.
Frank Hibbard
Mayor-Councilmember
~ /' /
1 /J/.-.t/v _ ~::)/
,/..-( y
Approved as to form:
Attest:
'ieu
3
Ordinance No. 7870-07
EXHIBIT A
A TT ACHMENT TO ORDINANCE 7870-07
AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND
POLICIES
Amend Objective 3.1 and Policy 3.1.3 of Goal 3 of the Plan on page A-8 asfollows:
* * * * *
3.1 Objective - Public institutions, such as hospitals, schools, parks, utility
facilities and government facilities, shall be provided sufficient land area to
accommodate identified public needs.
Policies
* * * * *
3.1.3 Public school sites shall be developed in locations suitable for the on site
and off site impacts associated with such facilities and in a manner
consistent with City of Clearwater development regulations.
* * * * *
AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND
POLICIES
Delete Goal 6; Objective 6.1; and Policies 6.1.1 through 6.1.12 of Goal 6 on pages A-14-18
as follows:
* * * * *
6. COAL TO COORDINATE THE LOCA.TION OF NE\V AND EXPANDED
SCHOOL SITES AND F.A,.CILITIES IN ORDER TO ENSURE COMP:\TIBILITY
AND CONSISTENCY 'VITH THE CITY'S COMPREHENSIVE PLAN.
6.1 Objectin The City shall support efforts that facilitate coordination of
planning between the City and the Pinellas County School Board for the
location and development of public educational facilities.
Policies
6.1.1 Public education facilities are defined as elementary schools, special
education facilities, alternative education facilities, middle schools, high
schools, and area vocational technical schools of the Pinellas County
School District.
- 1 -
6.1,2
t . School District are an
. , , f the Pinellas Coun) , .
Public educatio~ ~acI~tI~~lfoWing land use categorIes,
bl use mIthm t e
allowa e ..
. Residential Estate
. Residential Suburban
, 1 Ten.
. ResidentIa L ..
. Residential Urban ,
. Residential Low,MedIUm
. Residential MedIUm
Residential High .
: Re'idential!Omee Limlte~
· Residential/Office Genera
· "',titutional . . . the eKtcfl1lion of
. of new public school fa~I~It1e:o O[ntegrate/collocate
6.1.3 The propo,ea 10cGt~~~e _iowed for opportwn!l:~ limited to: bike and
an exi,ting 'lte ,ba br fueilitie" inoludmg but k, and oommumly
hools and other pu IC helters libranes, par ,
sc fl emergency s ,
pedestrian pat s,
oentero. . . cation faoilitie" or the
' onstruction of ne',v publIc ed~ure land use categorIes
Tbe 10cGtlon and c. site ""thin 000 of the fi aetermination by tbe
6.1.4 extension of an ex"tm~ 11 0' nlv be allowed upon:: 1-. I..! bv the School
l' . a 1 2 stta.1 , s te tie tte tt .1 .
Ii,ted in Po 16) .. . i,ite publio beoong .. Cty's oOlRj1reben"ve
City, following the re~ 'te is consistent with the I
Board, that the propose SI
~ c ,i"e "Ian the
pn= ~.I ", compreuen., r , c
. tencv "'ith the ~I ) . facility of tue
. "emll 000'" ," a blie edacalion . d
LIt::'. In additIOn to ~' l' ~eH' or expande pu 1 ..! nse categories lIste
u. ..J I lien 0, a n .. . flbe _an.. n .
propo,ed -oc... I D.,triot within one o. . . a .,:th the followmg
Pinellas County S~h~~ be I re':iev.'€d and consIdere "I
in Policy 6. ~.2 s a
general critena: d projeoled use, of
. fble '.vith present an
a 1 eation IS compa I
I, The propose o'r 235.19 (2) (a)].
adjacent propert) s.
" uate for its inten?ed use
roposed locatIOn IS adeq tional FacilitIeS and
2. The ,ile area :. t~'::e ReqRirements of E~~a needed utilitie, and
based Ilpon Ii. t area to aocommodate b ffi ring of 'IllTOlll1rung
nrovides sui CIen 11 m for adequate u e
l' '1" an..! a..o..s
... facl ltIes ..u
sUPPOrt
land we,. of the Pinellas
' 1 I 13ro"ement Program fl "'ill
th 5 year CapIto ~' hensive Plan, t ere n
3, Based upon Ie D' trict and the CIty'S compre
County Schoo IS
- 2 -
i\
, , , u ort the public schools
bl' serdces and facIht1es to s pp
be adequate pu IC .
[s,231.193 (2)],
, ts that would preclude
. 'R nt environmental constram ,
1, There are no sIgm b~~ dation facilities on the sIte.
development of pu IC e uc ,
, cts on archaeological or historical sItes
l;: There will be no adverse ~mpa +' U' torI'c Places or designated by the
.J, . I Register Or filS
listed in the NatIOna " archaeological resources,
City as locally significant hIstOrIC or ,
, rl . rl a"'d soils are SUItable for
' s "'ell ttramett n a
a The proposed locatIOn I .. t..l fi r development and out oor
' t ef are adaptatl e e
developmen ",'th drainage improvements,
educatIOnal purposes ..I
. +'1I'Ct n'I't1- the County's Stormwater
' . et m conrt- .. tt I
7. The proposed 10catIo~;~ n Gity's adopted '.vatershed management pan,
Management Plan an e
if applicable,
. . . flood zone or a floodway.
The proposed location is not m a velocIt) .
8, 1 a
rl t the renuired par cmg an
The proposed location c~n accom~otta e '1
9, "ted queuing of'.'ehIcles on SIte,
antlelpa . " 03
. . utside the area regulated by sectIO~ ~ . "
10 The proposed locatIOn hes 0 , f ublic educational facIhtIes m
' (3), F,S. regarding, the constructIOn 0 p
the vicinity of an mrport,
t.. rl to e"aluate whether proposed
' . fl n lse tie usett, . G' .'
L I L The follovling CrIterIa s a a 1- 1 re consistent wIth the It) s
u, ,U 'R tJ'13es of SCttOO S a
locations of speCI c
Comprehensive Plan:
1.
'1 Educational Facilities, and
Elementary Schools, ~~~cIa
i\lternative Education FacIhtIes
, nfl' 'e direct access to at least a
The proposed locatIOn sha fla. H' appro'led by the City
I a er as ot~ef\, Ise
minor col ector roa t ble traffic impacts on
ft determination of accep a
a-er 'R f
adjacent roads oflesser claSSI ca lon,
. I facilities and similar supp~rt
Outdoors recreatIOna d d b ffered on the proposed SIte
facilities shall be locate an u ,
to minimize impacts on adjacent propertIes,
11,
1.
2,
Middle Schools
- 3 -
~7\)
id
xhl .\
6,1.7
6,1.8
6,1.9
1.
. "e direct access to at least a
The proposed locatIOn shall ~a. yo'se approved by the City
d or as ot en.I
minor collec,tor ~oa table traffic impacts on
after determmatIOn of accep 'fi .
adjacent roads oflesser classI cat1on,
. facilities and similar supp~rt
Outdoors recreatIOnal d d b ffered on the proposed sIte
'1' , flall be locate an u .
facI ItIeS s d' fit propertIes,
to minimize impacts on a jace
11,
3,
High Schools
, flay 'e direct access to at least a
The proposed locatIOn shall fl . yo' approved by the City
a er as ot en.we
major collector roa t 131 traffic impacts on
after determination of ac~ep a. e
d' t roads of lesser claSSIficatIOn,
a j acen
T ' aHa similar
creational facI ItIes
Stadiums, outdoors re b 1 ated and buffered on the
T' sflall e oc ,
support facI ItIeS , , " t n adjacent propertIes,
proposed site to mmImIze Impac s 0
1.
II.
V ocational Technical Schools
, fl He direct access to at least a
The proposed locatIOn shall hay yo' e approved by the City
aa ef as ot en.IS
major collector ro t ele traffic impacts on
ft determination of accep a
a er . fi f
d' t roads of lesser classI ca lOn,
a j acen
, . . . hall be located and buffered
Industrial educatIOn faCIlItIeS. s. 'e impacts on adjacent
on the proposed site to mmImIZ
properties,
andard site acreage as prescribes
Proposed location that are less ~hant~he ~~ate Requirements of Educational
t efe uca IOn , fl G'ty's
in the Florida Departmen . d to be consistent 'NIth tel
Facilities ~ay be de~~~~~~e requirements of Section 235,19 (3), F,S,
ComprehensIve Plan pro. I e b dequately mitigated,
are met and off site impacts can e a ,
d neno site or additional property. IS
^ determination that a propose ::, Ian may be conditioned WIth
L' 'fl Cit ,'s comprehensI.e p , , ,
consistent '.vIth t e ) f bl' educational faCIlItIeS,
reference to specific types 0 pu IC
, , the City may impose reasonable
. t ' aetermmatlOn, fl 't' a eH
^ t the time of cons IS enc) . . t lates to any of t e CrI erI
n t >the ,lies as I r. II j
conditions for developmen 0 " a ' not be imposed which con IC
Policies 6,1.1 and 6,1.5 COn~ItlOnS ~l or the State Uniform Building
el' fl a 'H C apter
with those esta IS e I d [s 235 193 (6)],
Code, unless mutually agree . .
1.
1.
11,
- 4 -
LxIIi ,\
6,1,10 Before a significant change of program at a public education facility is
implemented, the School Board and the City shall require a review of the
facilities on site and off site impacts, The School Board and the City
will ,york cooperatively to mitigate on site and off site impacts,
including impacts to public facilities, identified through the review.
6.1,11 The City and the Pinellas County School Board shall annually coordinate
in the development of their respective capital improvement programs,
6,1.12 The policies in Objective 6.1 abo','e are assumed to be consistent with and
do not nullify or conflict with the provisions of Chapter 235.F.S,
* * * * *
AMENDMENT 3 - INTERGOVERNMENTAL COORDINATION ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amend Objective 28.1 and Policies 28.1,1 through 28,1.8 and add Objective 28,2 and Policies
28.2.1 through 28.2.8 of Goal 28 of the Plan startingfrom page H-2 asfollows:
* * * * *
28.1 Objective - The Clearwater Comprehensive Plan shall be forwarded to the
school board, Pinellas County, other adjacent local governments, and
agencies (previously noted), such as the M.P.O., which have regulatory or
operating authority in the City for purposes of coordinating future
operations and development in the City.
Policies
28,1,1 The City of Cleanvater shall continue to coordinate with the School
Board, as outlined in the interlocal agreement entered into between the
City of Clearwater and the Pinellas County School Board on March 11,
1997. The City shall also continue to implement the public educational
facilities siting requirements, as indicated in the Future Land Use Element,
consistent with Chapter 163 and 235, F,S,
28,1.2 The City recognizes State legislation regarding continued State funding for
schools which are designated as historic and shall continue to coordinate
with the appropriate State and Federal agencies to ensure the continued
preservation of South Ward School, a National Register building,
28,l,llClearwater supports a multi-jurisdictional land use planning entity m
Pinellas County,
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;i\ f n I I. /\
28,l.~4Clearwater supports intergovernmental coordination in transportation and
mass transit planning, through the M,P.Q, and P.S,T.A.
28,l.}~Clearwater shall propose additional intergovernmental coordination
mechanisms to enhance services, as noted in the Parks and Recreation and
Housing Elements.
28,l,1:6The City conforms to State public records laws, and as a policy, provides
requested information on as timely a basis as possible,
28.1,~+The City shall provide annual Comprehensive Plan monitoring
information, in a timely fashion, to be used to direct public expenditures,
28,l,Q&Clearwater shall present any community redevelopment district plans, or
redevelopment district and boundary changes, for approval by the Board of
County Commissioners,
28.2 Obiective - The City of Clearwater shall continue to coordinate its
Comprehensive Plan with plans of the School Board of Pinellas County and
other local 20vernments throu2h participation in ioint plannin2 processes
and procedures.
Policies
28.2,1 The City of Clearwater shall implement the Public Schools Interlocal
Agreement in coordination with the School District and the other local
governments that are signatories to the Agreement (the partner local
governments ).
28,2,2 In fulfillment of Section 8 of the Public Schools Interlocal Agreement, the
City of Clearwater shall continue its participation on the Pinellas Schools
Collaborative, which shall meet at least once a year to evaluate
implementation of the Public Schools Interlocal Agreement and school
concurrency, and propose amendments for improvement if deemed
necessary,
28,2,3 The City of Clearwater, the School District. and the partner local
governments shall coordinate annually in preparing a staff report on the
effectiveness of school concurrency that will be presented at the annual
meeting of the Pinellas Schools Collaborative, with the annual School
Caoacity and Level of Service Report forming the basis for the staff report,
28.2.4 The City of Clearwater, the School District, and the partner local
governments shall coordinate in amending the Public School Facilities
Element according to the procedures in Section 10 of the Public Schools
Interlocal Agreement, to ensure that the Public School Facilities Element
- 6 -
within the local government comprehensive plans remains coordinated and
consistent with one another and with the plans of the School Board.
28.2,5 The City of Clearwater, through the implementation of its concurrency
management system and the Public Schools Interlocal Agreement, shall
coordinate and share information with the School District and the Pinellas
County Planning Department to determine whether there is available
public school capacity to support the anticipated students from residential
site plans and final residential subdivision approvals,
28,2,6 The City of Clearwater, its partner local governments. and the School
District shall cooperate in establishing a procedural manual for
implementation of school concurrency. This manual and any subsequent
changes to the manual will be developed by the School Planning
Workgroup and approved by the Pinellas Schools Collaborative.
28,2,7 The City of Clearwater shall coordinate with the School Board of
Pinellas County to implement the public educational facilities siting
requirements of Chapter 163 and Chapter 1013, F.S" as stipulated in
Section 4 of the Public Schools Interlocal Agreement on April 24, 2007,
28.2,8 The City recognizes State legislation regarding continued State funding
for schools which are designated as historic and shall continue to
coordinate with the appropriate State and Federal agencies to ensure the
continued preservation of South Ward School. a National Register
building,
* * * * *
AMENDMENT 4 - INTERGOVERNMENTAL COORDINATION ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amend Objective 31.2; and Policies 31.2,3 through 31.2.7 and renumber 31,2.8 through
31.2.11 of Goal 31 of the Plan starting on page H-6 asfollows:
* * * * *
31.2 Objective - Identify and describe joint processes for collaborative planning on
population projections, school siting, facilities subject to concurrency, facilities with
countywide significance, and problematic uses.
* * * * *
31.2,3 The City will forward the population projections used in the comprehensive plan
to the School Board so they can consider projected grO\vth and development as it
relates to the future need for schools in the School Board's 5, 10, and 20 year
facility plan,
- 7 -
31,2,1 The City will amend its existing Interlocal agreement \vith the School Board
to include the joint utilization of consistent and coordinated population
projections,
31,2.5 The City will utilize the count)'\vide planning process as a means of notifying
the School Board, v/hich has one member on the PPC, and School Board staff,
v/hich has one member of the Planners Advisory Committee, of proposed land
use plan amendments.
31,2,6 The City will utilize the count)'\T/ide planning process, or other appropriated
process, in the review and recommendation of any necessary modifications to
the agreed upon school siting processes due to intergovernmental conflicts or
to address any needed refinements to reflect current statutory requirements,
31.2,7 The City will revievl the School Board's annually updated 5 year School Plan
Survey (5 year facility work program), 10, and 20 year facility work programs
and coordinate those plans T?lith the comprehensive plan,
31.2.J&
The City will coordinate, through the Metropolitan Planning Organization (MPO),
the transportation needs of the City with the needs of the remainder of the county
and the Florida Department of Transportation (FDOT),
31.2.19
The City will continue to coordinate with the Pinellas County Board of County
Commissioners staff for the provision of countywide facilities, including but not
limited to, solid waste disposal, the St. Petersburg/Clearwater International Airport,
and the Pinellas County Emergency Operations Center.
31.2,2-14
The City will continue to coordinate with the MPO and the Pinellas Suncoast
Transit Authority staffs for the provision of bridges, major transportation facilities,
and mass transit.
31,2..Q++
The City will forward notice of proposed future land use plan policies related to
hurricane shelters and evacuation routes, as well as map amendments resulting in
an increase in population within coastal high hazard areas, to the TBRPC and the
Pinellas County Emergency Management Department to determine hurricane
shelter space and the effect of increased evacuation clearance times and routes.
*****
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Ordinance 7870-07 Exhibit A
AMENDMENT 5 - CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES
AND POLICIES
Amend Policy 32.3.1 and add Policy 32.3.3.4, amend Objective 32.7 and Policies 32.7.1
through 32.7. 6 to Goal 3, starting on page 1-5 of the Plan as follows:
* * * * *
32.3.1 Essential public facilities as defined in this plan include and are limited to
those facilities relating to sanitary sewer, solid waste, drainage, potable
water, transportation, public school facilities, and parks and recreation
systems.
* * * * *
32.3.3 If it is determined that sufficient capacity of essential public facilities will be
available concurrent with the impacts of a proposed development, a final
development order may be issued in accordance with the following
schedule:
* * * * *
4, For public school facilities, the concurrency requirement will be satisfied
by the criteria contained in Policy 32,3.1 or Obiective 32.7 and Policies
32,7.1 through 32,7,5 that set forth the concurrency requirements for
public school facilities in accordance with the Public Schools Interlocal
Agreement pursuant to Section 163,31777, F,S. The necessary facilities
will be guaranteed in. but not limited to, an enforceable development
agreement pursuant to Section 163,3220, Florida Statutes or an
agreement or development order issued pursuant to Chapter 380. Florida
Statutes."
* * * * *
32.7 Obiective - The City. in coordination with the School District. shall ensure
that the capacity of public schools is sufficient to support the anticipated
students from residential site plans and final residential subdivision
approvals consistent with the adopted level-of-service standard for public
schools.
Policies:
32,7.1 The City shall utilize the following level-of-service standard for public
school facilities, which shall be applied consistently district-wide by the
School District and by the local governments within Pinellas County that
signed the Public Schools Interlocal Agreement (the partner local
governments ).
- 9 -
District-wide Level of Service Standard: Student enrollment plus vested
students divided by Florida Inventorv of School Houses (FISH) School
Capacity plus additional capacity does not exceed 100 percent. This
level-of-service standard shall apply to each type of public school
facility,
32.7.2 Amendments to the adopted level of service shall be accomplished using
the procedure contained in Section 10 of the Public School Facilities
Interlocal Agreement.
32,7,3 The School Capacity and Level of Service Report, prepared by the
School District, approved by the School Board, and delivered to the City
no later than November 30th of each year, and as adiusted throughout the
year based on the official student enrollment count of the fall semester
and the estimated number of vested students, shall be utilized by the City
as the basis for assessing the existing level of service conditions and the
available capacity within each Concurrency Service Area.
32,7.4 By December 1st of each year. the City shall adopt by reference the
School District's Five-Year Work Program to ensure the level of service
standard is achieved and maintained during the period covered by the
five-year schedule within the Capital Improvements Element.
32,7,5 The School Board, in coordination with the partner local governments,
will use the procedure in Section 3(a) of the Public Schools Interlocal
Agreement to annually update the District's Five-Year Work Program to
maintain a financially-feasible capital improvements program that is able
to achieve and maintain the adopted level of service standard within the
period covered by the five-year schedule,
32,7.6 The City hereby adopts by reference the School District's Five-Year
Work Program for FY 2007/08 through 2011/12, as adopted by the
School Board on September 1 L 2007,
AMENDMENT 6 PUBLIC SCHOOL FACILITIES ELEMENT GOALS,
OBJECTIVES AND POLICIES
Add the Introduction and Summary of Needs for the Public School Facilities Element; and add
new Goals 33-36; with new Objectives and Policies after page 1-9 of the Plan asfollows:
Public School Facilities
The. Public School Facilities Element (PSFE) forms the basis for implementing school
concurrency and other subiects addressed in the Public Schools Interlocal Agreement that was
entered into between the Pinellas County School Board, twelve municipalities, and Pinellas
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Ill' X
,0
! '
'Ill
County Government. The Florida Statutes require this element to be included in the city's
comprehensive plan,
Public School Facilities Needs Summary
. The City acknowledges the need to continue its membership and participation with
the Pinellas County School Planning Workgroup and Pinellas Schools Collaborative
for consistency with the Public School Facilities Elements throughout the county,
. The City recognizes the need to participate in a concurrency program to track
development countywide, ensuring that public school facilities will not be adversely
affected by additional development and redevelopment.
. The City will continue to work together with its partner governments, Pinellas
County and the Pinellas County School Board on a model school concurrency
system for tracking purposes and a procedures manual.
GOALS OBJECTIVES AND POLICIES
33. GOAL - THROUGH PARTNERSHIPS AND EFFECTIVE COLLABORATION
AMONG LOCAL GOVERNMENTS AND THE PINELLAS COUNTY SCHOOL
DISTRICT. AND BECAUSE OF A SHARED COMMITMENT TO EDUCATIONAL
EXCELLENCE. ALL STUDENTS OF THE PINEL LAS COUNTY SCHOOL DISTRICT
SHALL BE PROVIDED THE OPPORTUNITY FOR HIGH STUDENT
ACHIEVEMENT THROUGH THE A V AILABLITIY OF HIGH QUALITY PUBLIC
EDUCAITONAL FACILITIES.
33.1 Objective - The City, its partner local e:overnments, and the School District
ae:ree to coordinate and base their plans upon consistent projections of
population e:rowth and student enrollment, and will coordinate in sharine:
of information on proposed school facility chane:es, certain planned
infrastructure improvements, and proposed land use plan amendments
and/or rezonine:s that increase or decrease residential densities.
Policies
33,1.1 The City, its partner local governments, and the School District, will
utilize population growth proiections prepared by the Pinellas County
Metropolitan Planning Organization's Technical Coordinating
Committee, when developing their plans and student enrollment
proiections, consistent with Section 2 of the Public Schools lnterlocal
Agreement.
33,1.2 To ensure that land use and zoning decisions are adequately coordinated
with public school facility planning, the City shall continue to notify the
School District of all Local Planning Agency hearings where land use
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plan amendments and/or rezonings will be considered that increase or
decrease residential densities,
33,1.3 The City shall inform the School District in advance of infrastructure
projects that will restrict vehicular or pedestrian accessibility to public
schools with sufficient time for School District review and comment, in
compliance with Section 3(b) of the Public Schools Interlocal
Agreement. An example would be infrastructure projects that would
disrupt the use of sidewalks that are utilized by students accessing public
school facilities,
33.1.4 The School District shall notify the City of the need for on site or off-site
improvements to support new, proposed expansion, or redevelopment of
existing schools within the jurisdiction of the Citv. Thereafter,
representatives of the School District and Clearwater will meet and
determine the responsibility for making such improvements and identify
other agencies that should be involved, The School District and the City
will then meet with the other agencies to coordinate the completion of
the on-site and off-site improvements. in accordance with Section 5 of
the Public Schools Interlocal Agreement.
33.2 Obiective - The City. throu2h implementation of its concurrency
mana2ement system for public school facilities. and in coordination with
the School District. shall ensure that there is available public school
capacity to support the anticipated students from residential site plans and
final residential subdivision approvals ("Residential Approvals") consistent
with the adopted level-of-service standard for public school concurrency
throu2hout the five years covered by the Five-Year Work Pro2ram. as
amended. and the period of the lon2-ran2e plannin2 pr02ram contained in
the Public School Facilities Element.
Policies
33.2.1 The City hereby adopts, consistent with Section 11 of the Public Schools
Interlocal Agreement, the following level-of-service standard, which
shall be applied consistently district-wide by all partner local
governments within Pinellas County and by the School District.
District-wide Level-of-Service Standard: Student enrollment plus vested
students divided by Florida Inventorv of School Houses (FISH) School
Capacity plus additional capacity does not exceed 100 percent. This
level-of-service standard shall apply to each type of public school
facility,
33,2,2 If the utilization rate established by the State Requirements for
Educational Facilities (SREF) is changed and it will impact how the
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School District determines school capacity, the School District will
notify all partner local governments of the change.
33.2.3 Amendments to the adopted level-of-service standard shall be
accomplished using the procedure contained in Section 10 of the Public
Schools Interlocal Agreement.
33,2.4 School concurrency shall be measured and applied on the basis of
Concurrency Service Areas. as established by the School Board and as
documented in the data and analysis support section of the Public School
Facilities Element.
33,2,5 The School Board shall maXImIze school capacity through program
adiustments and/or through adiustments to Concurrency Service Area
boundaries, consistent with Section 12 of the Public Schools Interlocal
Agreement, to ensure that each Concurrency Service Area will, in the
aggregate, operate at the adopted level-of-service standard throughout
the five-year period covered by the Five-Year Work Program. as
amended,
33,2.6 When adiusting Concurrency Service Area boundaries, the School Board
shall take into consideration the factors identified in Section 12 of the
Public Schools Interlocal Agreement.
33.2,7 Consistent with Sections 1002,33(1) and 1002,33(2), F,S" the City and
the School District shall recognize charter schools as public school
facilities, Such facilities shall serve to expand the school capacity of the
School District and are a potential option for mitigating the impact that
new Residential Approvals may have on public school facilities,
33,2.8 The City, its partner local governments, and the School District shall
utilize the uniform, district-wide procedure in Section 13 of the Public
Schools Interlocal Agreement to implement school concurrency within
their respective iurisdictions,
33,2,9 The City and the School District shall utilize the School Capacitv and
Level of Service Report. prepared by the School District, approved by the
School Board, and delivered to the City, no later than November 30th of
each year, and as adiusted throughout the year based on the official
student enrollment count of the fall semester and the estimated number
of vested students, as the basis for assessing the existing level of service
conditions and the available capacity within each Concurrency Service
Area,
33,2.l0ln order to facilitate the accurate annual assessment of proiected public
school facility capacity, the City shall, throughout the year, notify the
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Pinellas County Planning Department of development permits. including
certificates of occupancy issued for new dwelling units and expired
school concurrency Residential Approvals, that affect the availability of
school capacity, consistent with Section 13 of the Public Schools
Interlocal Agreement, so that an estimate of the number of vested
students can be maintained for school concurrency purposes.
33,2,llA school concurrency Residential Approval shall be valid for purposes
of the issuance of development orders or permits not to exceed a period
of 24 months from the date of issuance,
33,2.121n accordance with Section 13 of the Public Schools Interlocal
Agreement, if the School District determines that there is not Available
Capacity within an affected Concurrency Service Area to accommodate
the estimated number of students that would be generated by a proposed
Residential Approval and maintain the adopted level-of-service standard,
then the School District shall consider whether there is Available
Capacity in the contiguous Concurrency Service Area(s),
33 ,2.131f the School District determines that, in the aggregate, there is Available
Capacity in the affected Concurrency Service Area and in the contiguous
Concurrency Service Area(s) to accommodate the estimated number of
students from the proposed Residential Approval. then an adequate level
of service would be provided and the Residential Approval shall be
issued a School Concurrency Approval by the City.
33,2.141f the School District determines that, in the aggregate, there is not
Available Capacity within an affected Concurrency Service Area and the
adiacent Concurrency Service Area(s) to accommodate the estimated
number of students from the proposed Residential Approval. a proposed
Residential Approval will not proceed without execution of a legally
binding development mitigation agreement between the applicant. the
School Board, and the City designed to mitigate the impacts anticipated
to be caused by the proposed Residential Approval on public school
facilities, consistent with Section 163,3180, F .S" and Section 13 of the
Public Schools Interlocal Agreement. The applicant and the School
Board shall attempt to negotiate a development mitigation agreement. If
the applicant and the School Board are unable to agree on an acceptable
form of mitigation, the City may utilize the conflict resolution provision
in Section 14 of the Public Schools Interlocal Agreement to attempt to
resolve the impasse,
33,2,15A development mitigation agreement shall include the applicant's
commitment to continue to renew the development agreement until the
mitigation is completed as determined by the School Board or as
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Ildnce 70-07 hlhi
33.3
determined through the conflict resolution procedures provided for in
Section 14 of the Public Schools Interlocal Agreement, if applicable,
33.2.16Acceptable forms of proportionate share mitigation that may be allowed
by the School Board and the standards that determine the appropriate use
of any mitigation funds required by the School District are identified in
Section 13 h, of the Public Schools Interlocal Agreement.
33,2,17The City and the School District shall utilize student generation rates
developed by the School District for purposes of calculating the
anticipated number of public school students that would be generated by
Residential Approvals and for developing student enrollment projections,
33,2,18Prior to the utilization of new student generation rates, the City, through
its participation on the School Planning Workgroup, will have the
opportunity to review and comment on the proposed student generation
rates developed by the School District before they are finalized by the
District.
Objective - The City's five-year schedule of capital improvements shall
include those projects necessary to address any existine public school
facility deficiencies and future public school facility needs consistent with
the adopted level-of-service standard.
33.3,1 By December 151 of each year, the City shall amend its Capital
Improvements Element to incorporate, by reference. the updated School
District Five- Year Work Program adding a new fifth year to maintain a
financially feasible capital improvements program and to ensure the
level-of-service standard will continue to be achieved and maintained
throughout the subsequent five-year planning period,
33.3,2 The maps for Pinellas County Elementary Schools, Middle Schools,
High Schools and Ancillary Facilities, labeled as Figures 1. 2, 3, and 12
from the Pinellas County's Public School Facilities Element, are
included as a part of the Public School Facilities Element of the City of
Clearwater Comprehensive Plan. These maps will be used in addressing
any existing facility deficiencies and future public school facility needs
in accordance with 163,3177(12)(h), F,S,
33.4 Objective - The City shall practice effective intereovernmental coordination
with its partner local eovernments and the School District to ensure that
land use plans. development approvals. and capital facilities plannine are
coordinated with the availability of public school facilities.
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fiance 7k70-07 hi /\
Policies
33.4,1 The City shall appoint one elected official to represent the City's interest
to the Pinellas Schools Collaborative, to provide. for collaborative
oversight and to provide coordination and direction regarding the
conduct of the school concurrency process and implementation of the
Public Schools Interlocal Agreement.
33.4,2 The City, the School District. and partner local governments shall
coordinate annually in preparing a staff report on the effectiveness of
school concurrency that will be presented at the annual meeting of the
Collaborative, with the annual School Cavacity and Level of Service
Report forming the basis for the staff report,
33.4,3 The City shall coordinate with the Pinellas County Planning Department
in the maintenance of a countywide residential development tracking
system, by providing necessary and timely development data, including
demolitions and vested development data, required to accurately assess
the impact of Residential Approvals on available school capacity,
33.4.4 Amendment of the Public Schools Facilities Element shall occur
according to the procedure in Section 10 of the Public Schools Interlocal
Agreement to ensure that the Element within the local government
comprehensive plans remains coordinated and consistent with one
another and with the plans of the School Board.
33.4,5 The City, its partner local governments, and the School District shall
coordinate in establishing a procedural manual for implementation of
school concurrency, This manual and any subsequent changes to the
manual will be developed by the School Planning Workgroup and
approved by the Pinellas Schools Collaborative,
34. GOAL - THE CITY SHALL COORDINATE WITH ITS PARTNER LOCAL
GOVERNMENTS AND THE SCHOOL DISTRICT ON PROJECTS THAT
ENCOURAGE COHESIVE NEIGHBORHOODS. THAT CONTRIBUTE TO
COMMUNITY BUILDING. AND THAT PROVIDE FOR LONG-TERM
SUST AINABILITY.
34.1 Obiective: The City shall support efforts that facilitate coordination of
planning: between the City and the School District for the location and
development of public educational facilities.
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Policies
34,1,1 The City shall participate with the School District in the process of
evaluating potential school closures. significant renovations to existing
schools. and school site selection before land acquisition in accordance
with Section 4 of the existing Public Schools Interlocal Agreement filed
on April 24. 2007,
34.1,2 For purposes of Objective 34.1. public educational facilities are defined
as elementary schools. special education facilities. alternative education
facilities. middle schools. high schools. and area vocational-technical
schools of the Pinellas County School District.
34,1,3 Public educational facilities of the School District are an allowable use
within the following land use categories in the City:
. Residential Estate
. Residential Suburban
. Residential Low
. Residential Urban
. Residential Low Medium
. Residential Medium
. Residential/Office Limited
. Residential/Office General
. Institutional
34,1.4 The location and construction of new public educational facilities. or the
expansion of an existing site. within one of the future land use category
listed in Policy 34,1.3 shall only be allowed upon a determination by the
City that the proposed site is consistent with the City of Clearwater
Comprehensive Plan.
34,1.5 In addition to consistency with the City of Clearwater Comprehensive
Plan. the proposed location of a new or expanded public educational
facility of the School Board within one of the land use categories listed
in Policy 34,1,3 shall be reviewed and considered with the following
general criteria:
1. The proposed location is compatible with present and projected uses
of adjacent property,
2, The site area of the proposed location is adequate for its intended use
based on the State Requirements for Educational Facilities and
provides sufficient area to accommodate all needed utilities and
support facilities and allow for adequate buffering of surrounding land
uses,
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~ Based on the Five-Year Work Program of the School Board and the
City Comprehensive Plan, there will be adequate public services and
facilities to support the public educational facility.
4, There are no significant environmental constraints that would
preclude development of a public educational facility on the site.
5, There will be no adverse impact on archaeological or historic sites
listed in the National Register of Historic Places or designated by a
local government as locally significant historic or archaeological
resources,
6, The proposed location is well drained and soils are suitable for
development or are adaptable for development and outdoor
educational purposes with drainage improvements,
7. The proposed location is not in conflict with the City's Stormwater
Management Plan and any watershed management plans adopted by
the City, if applicable,
~ The proposed location is not in a velocity flood zone or a floodway.
9. The proposed location can accommodate the required parking and
anticipated queuing of vehicles onsite,
ill The proposed location lies outside the area regulated by Section
333,03(3), F,S" regarding the construction of public educational
facilities in the vicinity of an airport,
34,1,6 The following criteria shall also be used to evaluate whether proposed
locations of specific types of schools are consistent with the City
Comprehensive Plan:
Elementary Schools, Special Education Facilities, and Alternative
Education Facilities
1, The proposed location shall have direct access to at least a collector
road or as otherwise approved by the local government after
determination of acceptable traffic impacts on adiacent roads of lesser
classification,
2, Outdoor recreational facilities and similar suPport facilities shall be
located and buffered on the proposed site to minimize impacts on
adiacent properties.
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Middle Schools
.L. The proposed location shall have direct access to at least a collector
road or as otherwise approved by the local government after
determination of acceptable traffic impacts on adjacent roads of lesser
classification,
2, Outdoor recreational facilities and similar support facilities shall be
located and buffered on the proposed site to minimize impacts on
adjacent properties,
High Schools
.L. The proposed location shall have direct access to at least a collector
road, or as otherwise approved by the local government after
determination of acceptable traffic impacts on adjacent roads of
lesser classification,
2. Stadiums, outdoor recreational facilities, and similar support
facilities shall be located and buffered on the proposed site to
minimize impacts on adjacent properties,
V ocational- Technical Schools
.L. The proposed location shall have direct access to at least a collector
road, or as otherwise approved by the local government after
determination of acceptable traffic impacts on adjacent roads of
lesser classification,
2, Industrial education facilities shall be located and buffered on the
proposed site to minimize impacts on adjacent properties.
34,1,7 Proposed locations that are less than the standard site acreage as
prescribed in the Florida Department of Education State Requirements of
Educational Facilities may be determined to be consistent with the City
Comprehensive Plan provided the requirements of Section 1013,36, F.S.,
are met and off-site impacts can be adequately mitigated.
34.1,8 A consistency determination for a proposed new site or additional
property with the City Comprehensive Plan may be conditioned with
references to specific types of public educational facilities.
34,1.9 At the time of consistency determination, the City may impose
reasonable conditions for development of the site as it relates to any of
the criteria in Policies 34.1,5 and 34,1.6. Conditions may not be
imposed which conflict with those established in Chapter 1013 of the
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Florida Statutes or the State Uniform Building Code, unless mutually
agreed to by the City and the School District.
34,l.10Before a significant change of program at a public educational facility is
implemented. the School District and the City shall require a review of
the facility's onsite and offsite impacts, The School District and the City
will work cooperatively to mitigate onsite and offsite impacts, including
impacts to public facilities, identified through the review,
34,1,11 The policies in Obiective 34.1 are intended to be consistent with, and not
conflict with, the provisions in Chapter 1013. F,S.
34.2 Obiective - Consistent with Section 163.3177(6)(a). F.S.. and consistent with
the City future land use policies. the City shall explore those opportunities
where co-location of public facilities and public schools provides a mutual
benefit. serves a desirable community purpose. or represents an efficient
use of finances and staff resources.
Policies
34,2,1 As the opportunity arises, the City and the School Board, shall evaluate
the ability to enter into an agreement to co-locate existing or planned
school sites with other public facilities, including but not limited to:
bicycle and pedestrian pathways, libraries, parks, community and
recreational centers and facilities, museums, performing arts centers,
auditoriums, stadiums, healthcare and social services and other uses as
may be determined appropriate,
34,2,2 Should the City and the School Board determine that the co-location of
public facilities is mutually advantageous and desirable, the appropriate
method of agreement will be decided upon, and could include such
options as, but not be limited to, interlocal agreement, the City of
Clearwater resolution, or memorandum of understanding,
34.3 OBJECTIVE - The City will support the School District's commitment to
sustainable desie:n and operations. as public schools are intee:ral
contributors to the Quality of the surroundine: community.
Policies
34.3,1 The City and the School District will share information on sustainable
design and green building practices, and take advantage of opportunities
to incorporate demonstration proiects and technologies onsite, so that
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local schools can serve as community models of environmental
efficiency.
35. GOAL - THE CITY WILL COORDINATE WITH THE SCHOOL DISTRICT
AND OTHER LOCAL GOVERNMENTS TO IMPROVE THE SAFETY OF
STUDENTS AS THEY ACCESS PUBLIC SCHOOL FACILITIES.
35.1 Obiective - The City shall collaborate with the School District and other
local l!overnments to promote safe access for students to public school
facilities.
Policies
35.1.1 The City shall participate on the School Transportation Safety
Committee (STSC) of the Pinellas County Metropolitan Planning
Organization (MPO) to identify locations within the County where
student safety is a concern, and to develop recommendations in response
to student safety issues raised by the School District, local governments,
the School Transportation and Enhanced Pedestrian Safety (STEPS)
Committee, or the community to enhance the safety of students
accessing public school facilities,
35,1.2 The City shall consider implementation of recommendations from the
STSC that affect its iurisdiction, in coordination with the School District
and any agencies that have some involvement in the identified action, to
support student access to public schools in a manner that both improves
student safety and is compatible with the surrounding community,
35,1,3 The City shall cooperate with School District initiatives that implement
STSC recommendations for modifications to a school campus,
35,1.4 The City shall, in its capital improvement program, determine the
priority for construction of those sidewalks, crosswalks. bicycle paths.
and other improvements that help to provide continuous access to public
schools for pedestrians and bicyclists.
35,1.5 The City shall annually update its Capital Improvements Element to
identify the School District's capital needs in the Comprehensive Plan,
enabling the coordination of existing and planned public school facilities
with the required local capital proiects needed to provide support
services for the safety of public school students.
35,1.6 For new development or redevelopment within a two-mile radius of any
existing or planned public school facility, the City of Clearwater shall
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require the developer to construct sidewalks along the corridor
contiguous to the property being developed that directly serves the public
school facility. in support of Section 1013.36 (5). F,S, and the MPO
2025 Transportation Plan,
36. GOAL - OPPORTUNITIES ARE MAXIMIZED FOR PUBLIC SCHOOLS TO
BE DESIGNED SUCH THAT THEY CAN SERVE A VITAL EMERGENCY
MANAGEMENT PURPOSE IN TIMES OF DISASTER.
36.1 Obiective - The safety of the public shall be a hil!:h priority when desil!:ninl!:
future public school facilities and renovatinl!: existinl!: facilities.
Policies
36,1,1 The City shall coordinate with the School District and Pinellas County
on emergency preparedness issues, including the use of public school
facilities for emergency shelters,
36,1,2 Future public school facilities that are not located within category 1, 2 or
3 evacuation zones, shall be designed to serve the public as emergency
shelters, consistent with Section 1013,372 F,S. These public school
facilities shall be designed according to the public shelter criteria
outlined in the Florida Building Code,
36,1,3 The City shall annually update its Capital Improvements Element to
ensure that the School District's capital needs are reflected in the
Comprehensive Plan, enabling that coordination of existing and planned
public school facilities with the required local capital proiects needed to
provide emergency shelter spaces, as identified by the Tampa Bay
Regional Hurricane Evacuation Study, developed by the Tampa Bay
Regional Planning Council.
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