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8028-09 ORDINANCE NO. 8028-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE CITY'S COMPREHENSIVE PLAN; BY AMENDING THE COMMUNITY DEVELOPMENT CODE TO IMPLEMENT PUBLIC SCHOOL CONCURRENCY; BY ADDING NEW SUBSECTION 4 TO SECTION 4-708, RECORDING OF THE FINAL PLAT, PROVIDING FOR SIDEWALKS REQUIRED WITHIN TWO MILES OF ANY PUBLIC SCHOOL FACILITY TO BE CONSTRUCTED AS A PORTION OF A DEVELOPMENT CONSTRUCTION; BY AMENDING SECTION 4-903, BY ADDING NEW SUBSECTION A.7, PUBLIC SCHOOL FACILITIES; BY AMENDING SECTION 4- 903, SUBSECTION B., UPDATING THE REFERENCE FROM PREVIOUS COMPREHENSIVE PLAN POLICY NUMBER 28.3.3 TO CURRENT POLICY NUMBER 1.1.3.3, AND AMENDING SUBSECTION C.2, PROVIDING FOR CONSTRUCTION OF PUBLIC FACILITIES TO BE IN PLACE OR UNDER CONSTRUCTION WITHIN 3 YEARS AFTER PERMIT ISSUANCE; BY ADDING SECTION 4-905. PUBLIC SCHOOL CONCURRENCY PROGRAM, PROVIDING FOR A PURPOSE AND INTENT AND PROCEDURES; BY AMENDING SECTION 8-102 "DEFINITIONS" PROVIDING FOR PUBLIC SCHOOL CONCURRENCY DEFINITIONS AND BY MAKING EDITORIAL CORRECTIONS FOR THE DEFINITIONS OF LEVEL OF SERVICE STANDARD AND LIVING ABOARD (A BOAT); CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code, replacing the previous Land Development Code, on January 21, 1999 which was effective on March 8, 1999, in accordance with Section 163, Part II, Florida Statutes (F.S.), and WHEREAS, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, Section 163.3177(12), F.S., was amended in 2005 to require all non- exempt counties and each non-exempt municipality within those counties to adopt and implement a public school facilities element and a school concurrency program; and WHEREAS, the City of Clearwater is non-exempt from the requirements of Section 163.3177(12), F.S., and must, along with 11 other non-exempt municipalities within the county and Pinellas County, adopt land development regulations to implement school concurrency; and - 1 - Ordinance No. 8028-09 WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Council has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 4, "Development Review and Other Procedures", Division 7, "Subdivisions/Plats", of the Community Development Code, be, and the same is hereby amended by adding subsection 4 to Section 4-708. A, as follows: Section 4-708. Recording of the final plat. A Prior to the recording of a final plat, the applicant shall have completely installed to the satisfaction of the city engineer all of the following improvements in accordance with the standards set forth in this Development Code and the approved final plat: ********** 4. For orooertv beina olatted within a two-mile radius of anv existina or olanned oublic school facilitv. the develooer(s) shall be resoonsible for the construction of reauired sidewalk(s) alona the corridor contiauous to the orooertv beina develooed that directlv serves the oublic school facilitv. Such sidewalk(s) shall be constructed accordina to Citv soecifications. ********** Section 2. That Article 4, "Development Review and Other Procedures", Division 9, "Concurrency Management", Section 4-903, "Standards for certificate of concurrency/capacity" I Subsections A, B, and C, of the Community Development Code, be, and the same are hereby amended as follows: Section 4-903. Standards for certificate of concurrency/capacity. A In determining whether a certificate of concurrency/capacity may be issued, the community development coordinator shall apply the level of service standards in the comprehensive plan according to the following measures for each public facility: ********** 7. Public School Facilities: Section 4-905 Standards for Public School Concurrencv. ********** -2- Ordinance No. 8028-09 B. For public facilities provided by entities other than the city, the certificate may be issued subject to the availability of such public facilities consistent with policy 1.1.3.3 ~ of the comprehensive plan. ********** C. If the capacity of available public facilities is less than the capacity required to maintain the level of service standard for the impact of the development, the applicant may: ********** 2. Accept a 90-day encumbrance of public facilities that are available and, within the same 90:day period, arrange to provide for public facilities that are not otherwise available. to be in olace or under construction not more than 3 years after permit issuance. ********** Section 3. That Article 4, "Development Review and Other Procedures", Division 9, "Concurrency Management", of the Community Development Code, be, and the same is hereby amended by adding Section 4-905. Public School Facilities Concurrency, to read as follows: Section 4-905. Public School Facilities Concurrency. A. Puroose and Intent. The ouroose of oublic school facilities concurrency is to assure that there is available caoacitv for the number of anticioated students aenerated bv residential develooment and/or subdivision plat aoorovals in each public school concurrency service area in accordance with the Public School Interlocal Aareement for oublic school facilities in Pine lias County. B. Public School Facilities Concurrency Procedures. .L Aoolication for school concurrency review. In concert with an aoolication for a residential develooment and/or plat aooroval submitted in accordance with Section 4-202. an aoolication for school concurrency review shall be submitted. The aoolication will be considered comolete if it includes all information needed to review the aoolication in accordance with the countywide school concurrency oroaram. 2. Review of school concurrency aoolication. When a school concurrency aoolication is deemed to be comolete. it shall be reviewed in accordance with the procedures for this aoolication provided for in this section. as they may aoolv. These procedures include a review of the aoolication for concurrency with the Level of Service standard for public school facilities. 3. School concurrency aoolied in concert with an aoolication for a proposed residential develooment and/or plat aooroval. - 3 - Ordinance No. 8028-09 a. When a completed school concurrency application is filed. the City will input the applicable school concurrency information from the application into the countYWide school concurrency system in order to reauest a determination on adeauacv of available capacity within the affected concurrency service area where the proposed residential development and/or plat is proposed to be located. 1:. The City will be authorized bv the system to immediatelv issue a school concurrency approval for a proposed residential development and/or plat of less than 25 dwellina units. ii. The school concurrency application information for a residential development and/or plat of 25 dwellina units or areater will be sent forward throuah the system to the School District for review. iii. Within 25 days of receipt from the City of the school concurrency application information for a residential development and/or plat. the School District shall review the application and render a public school concurrency determination confirmina whether or not there is available capacity for all types of schools to accommodate the estimated number of students that would be aenerated bv the proposed residential development and/or plat. Q.. When the countywide school concurrency system indicates there is adeauate available capacity for a proposed residential development and/or plat in the affected concurrency service area. the School District will immediatelv notify the City to issue a school concurrency approval for the proposed residential development and/or plat. c. If there is not adeauate available capacity for a proposed residential development and/or plat in the affected concurrency service area: 1:. The School District will consider contiauous concurrency service area(s) in addition to the affected concurrency service area. ii. If it is determined that. in the aaareaate. there is adeauate available capacity in the concurrency service area and the contiauous concurrency service area(s). the School District shall immediatelv notify the City to issue the school concurrency approval. iii. If it is determined that. in the aaareaate. there is not adeauate available capacity in the affected concurrency service area and in the contiauous concurrency service area(s). the School District shall immediatelv notify the City that an adeauate level of service would not be provided. The School District shall identify the reauired proportionate fair-share mitiaation and recommend acceptable formes) of mitiaation as provided within this section to the City and the applicant. - 4 - Ordinance No. 8028-09 iv. When the School District determines. in the aaareaate. that there is not adeauate capacity for residential approval. then the City may on Iv issue a school concurrency approval after the execution of a leaallv bindina development mitiaation aareement between the applicant. the City. and the School Board. d. The City will ensure that school concurrency approvals have been entered into the countywide system within 30 days of issuance of each approval. e. A school concurrency approval shall be valid for 24 months from the date of issuance bv the City for purposes of the issuance of development orders or permits. Once a development order or permit has been issued. the school concurrency approval shall be valid until a Certificate of Occupancy is issued or the development order and/or permit is no lonaer in effect. 4. Mitiaation. If it has been determined that there is not adeauate available capacity in a concurrency service area(s) affected bv a proposed residential development and/or plat. the applicant may decide to satisfy the public school facilities concurrency reauirements bv makina a proportionate fair-share contribution that will reauire a development mitiaation aareement. a. Proportionate fair-share contribution. L. The proportionate fair-share contribution shall be calculated usina the followina formula for each school level: Multiplv the number of additional new student stations reauired for mitiaation of the estimated demand for public school facilities created bv the proposed school concurrency application bv the averaae cost per student station usina the actual construction cost beina experienced bv the School District for student stations at the time when proportionate share mitiaation is accepted plus the inclusion of land costs. if any. ii. Acceptable forms of proportionate fair-share contribution include the followina: !8l Contribution of land: !.ID The construction of a public school facilitv: !.Q.l Expansion of an existina public school facilitv: !ill Payment for land acauisition for the expansion or construction of a public school facilitv: {gl Participation in a mitiaation bankina system created and maintained bv the School Board based on the construction of a public school facilitv in exchanae for the riaht to sell capacity credits: f.E1 Contribution to charter schools servina to expand the capacity of the School District. iii. The followina standards shall applv to any mitiaation reauired bv the School District: - 5 - Ordinance No. 8028-09 ffiL Prooosed mitiaation must be directed toward a oermanent school caoacitv imorovement identified in the School District's Five-Year Facilities Work Proaram that satisfies the estimated demands created bva orooosed residential develooment and/or olat aooroval: m.L Re-Iocatable classrooms will not be acceoted as mitiaation: !.Q1. Mitiaation shall be orooortionate to the demand for oublic school facilities estimated to be created bv a orooosed residential develooment and/or olat aooroval. b. Develooment Mitiaation Aareement. L. If the aoolicant has decided to satisfy the oublic school facilities concurrency reauirements bv makina a orooortionate fair-share contribution, the aoolicant shall reauest to neaotiate with the City and the School District for a develooment mitiaation aareement that shall orovide for the stioulations to mitiaate the imoacts of a orooosed residential develooment and/or olat aooroval on oublic school facilities. ii. After a mitiaation olan is identified and aareed uoon bv the aoolicant. the City and the School District. the aoolicant shall oreoare a develooment mitiaation aareement with direction from the School District and the City. The final aareement. after aooroval bv the City and the School Board. will become a oart of the final residential develooment and/or olat aooroval. iii. If the aoolicant. the City. and the School Board are unable to aaree on an acceotable form of mitiaation, the conflict resolution orovision orovided in Section 14 of the Public Schools Interlocal Aareement may be utilized. iv. The develooment mitiaation aareement shall include a commitment bv the aoolicant to continue to renew the develooment mitiaation aareement until the mitiaation olan is comoleted as determined bv the School Board or as determined throuah the conflict resolution orocedures orovided for in Section 14 of the Public Schools Interlocal Aareement. if aoolicable. v. If the aoolicant chooses to not continue with the oroiect. the aoolicant may submit a letter to the City and the School District to withdraw from the develooment mitiaation aareement at any time orior to the execution of the aareement. vi. Uoon execution of a develooment mitiaation aareement. the aoolicant shall receive school concurrency aooroval. c. Cross Jurisdictional Imoacts. If a orooosed mitiaation orooosal involves another iurisdiction, the Community Develooment Coordinator will notify the other local aovernment to allow the other local aovernment the oooortunitv to comment on the mitiaation orooosal orior to finalizina a develooment mitiaation aareement. - 6- Ordinance No. 8028-09 5. Annual School Capacity and Level of Service Reports. The City shall ensure that the School District is notified when new dwellina units have received Certificates of Occupancy and when school concurrency approvals for residential developments and/or plats have expired for inclusion in their annual School Capacity and Level of Service Report. 6. For the purposes of meetina the school facilities level of service standard. residential development and/or plat approvals for any property that were received prior to the effective date of the countywide school concurrency proaram shall be considered vested and shall not reauire a school concurrency approval. 7. Credits. a. After the effective date of the countywide public school concurrency system. any property with existina dwellina units that are demolished or destroyed shall receive a credit for the estimated number of students aenerated from existina dwellina units. Credits may not be transferred to another property. The applicant will be reauired to provide proof of such existina uses in a manner acceptable to the Citv. b. The application of credits for public school capacity attributable to the number of student stations aenerated bv a previous and existina on-site residential use may be used towards a new residential development and/or plat approval. in the place of the capacity which would be reauired for the new residential development and/or plat approval. in perpetuity from the effective date of the countYWide public school concurrency system. 8. A modification to a residential development and/or plat approval that does not increase the residential density of the plan will not reauire the issuance of a new school concurrency approval. Modifications to residential development and/or plat approvals that increase the residential density shall be subiect to school concurrency review for the additional density. The validity period for a school concurrency approval issued for modifications to a residential development and/or plat shall be identical to the validity time frame associated with the school concurrency approval issued for the initial development plan. Modifications in demand on available capacity will be reflected in the countywide public school concurrency system. If the City determines that the modifications to a residential development and/or plat necessitate submittal of a new development review application. the school concurrency approval issued for the oriainal approved plan/plat on the subiect property will no lonaer be valid. and the new application for residential development and/or plat approval will be subiect to the school concurrency review procedures in this section. 9. School concurrency decisions made bv the School District may be appealed in accordance with section 14 of the Public Schools Interlocal Aareement. Section 4. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to read as follows: - 7 - Ordinance No. 8028-09 Section 8-102. Definitions. For the purposes of this Development Code, the following words and terms have the meanings specified herein: ********** Concurrency service area(s). when used for school concurrencv purposes. means the areas as established by the School Board within which the level of service will be measured for school concurrency purposes. ********* Five-vear Facilities Work ProGram. when used for school concurrency purposes. means the document created by the School District derived from its Educational Five- Year Plant Survey to assist it as it plans. proposes, and prioritizes its current and five-year capital outlay needs. ********* Level of service standard means the number of units of capacity per unit of demand adopted by the City in the comprehensive plan. Li'Jing aeeara (a boat) means the use of a boat whereupon one or more persons reside, whether temporarily or permanently. ********* LivinG aboard (a boat) means the use of a boat whereupon one or more persons reside. whether temporarily or permanently. ********* Public School Inter/ocal AGreement means the Interlocal Aareement filed with the Pinellas County Board Clerk on April 24.2007 between the Pinellas County School Board. Pine lias County. and the twelve municipalities. includina the City of Clearwater. within Pinellas County that are reauired to implement school concurrency per Section 163.31777(1), F.S.. or as it may subseauently be amended. ********* School Board means the elected body presidina over the schools of Pinellas County responsible for exercisina all of the powers and duties associated with the District schools. in accordance with Chapter 1001 of the Florida Statutes. School Caoacitv and Level of Service Reoort means. when used for school concurrency purposes. the report annuallv prepared bv the School District to calculate the existina level of service and the available capacity within each Concurrency Service Area. - 8 - Ordinance No. 8028-09 School concurrencv approval means the findina issued bv the School District that there is available capacity for all types of schools to serve a residential development and/or plat approval. School District means the unit for the control. oraanization. and administration of schools in Pinellas County. The responsibilitv for the actual operation and administration of all schools needed within the district in conformity with rules and minimum standards prescribed bv the state. and also the responsibilitv for the provision of any desirable and practicable opportunities authorized bv laws beyond those reauired bv the state. are deleaated bv laws to the school officials of the Pinellas County School District. School facilitv. public school facilitv. or educational facilitv means somethina that is built. installed or established. such as a buildina. to serve the purpose of a school. ********* Section 5. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 6. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 7. 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. Section 8. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 9. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING May 21, 2009 PASSED ON SECOND AND FINAL READING AND ADOPTED June 4, 2009 ~~~ ~ank V. Hibbard Mayor - 9-