TA2012-04004; ORD 8346-12 CDB Meeting: September 18, 2012
_ C�s� Ntt�ber: TQ�a�2-04004- __
Ordinance Number: 8346-12
Agenda Item: E.1.
Pianner: Cate Lee
CDB Meeting Date: September 18, 2012
Case Number: TA2012-04004
Ordinance Number: 8346-12
Agenda Item: E_l
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
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_- -- _ _
REQUEST: Amendments to the Community Development Code — Ordinance No.
8346-12
INITIATED BY: City of Clearwater Planning and Development Department
BACKGROUND:
This amendment to the Community Development Code is the final step in a multi-step process to
remove requirements for school concurrency from the City's planning documents after the
Florida Legislature passage of the Community Planning Act in 2011, which removed state-
mandated concurrency requirements for schools for all local governments. City Council
approved an amendment to the Public Schools Interlocal Agreement that eliminated the sections
related to the implementation of school concurrency at their June 20, 2012 meeting. These
amendments to the Interlocal Agreement were approved in April 2012 by the Pinellas Schools
Collaborative. On August 16, 2012, Council approved amendments to the Clearwater
Comprehensive Plan that deleted goals, objectives, policies and maps relating to school
concurrency. The proposed amendments to the Community Development Code eliminate
provisions related to the implementation of school concurrency.
ANALYSIS:
Proposed Ordinance No. 8346-12 includes the following amendments:
1. Deletes Public School Facilities as a measure with which to judge issuance of a certificate
of concurrency/capacity (see page 2 of proposed ordinance).
2. Deletes Section 4-905 in it's entirely, which sets forth procedures for implementing
public school facilities concurrency(see pages 2-6 of proposed ordinance).
3. Deletes the following definitions (see pages 6-7 of proposed ordinance}:
• Concurrency service area(s)
• Five year facilities work program
• Public school interlocal agreement
• School capacity and level of service report
• School concurrency approval
• School district
• School facility,public school facility, or educational facility
Community Development Board—September 18,2012
TA2012-04004—Page 1
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following.
l. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
Since the Clearwater Comprehensive Plan was amended to delete goals, objectives, policies
__ _ -,_, _ __
and maps implementing school concurrency, it is now necessary to amend the Coc�e to delete
school concurrency implementation language. These amendments will allow the Code to be
consistent with the Comprehensive Plan.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103.
• It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city. (CDC Section 1-103.A).
This amendment is in accordance with the preceding amendment to the Comprehensive Plan
which also removed provisions related to school concurrency implementation.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code axe consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 8346-12 that amends the Community Development
Code.
Prepared by Planning and Development Department Staff:
a-" ,� - ��
Catherine Lee,Planner III
ATTACHMENT:
0 Ordinance No.8346-12
S:IPlanning DepartmentlCommunity Development Code12012 Code AmendmentslTA2012-04004-Public School FacilitieslStaffReportlTA2012-
04004 CDB Staff Report.doc
Community Development Board—September 18,2012
TA2012-04004—Page 2
ORDINANCE NO. 8346-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING SECTION 4-903 TO DELETE PUBLIC SCHOOL
FACILITIES FROM STANDARDS FOR CERTIFICATE OF
CONCURRENCY/CAPACITY; BY DELETING SECTION 4-905, PUBLIC
SCHOOL FACILITIES CONCURRENCY, IN ITS ENTIRETY; AND BY
AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY DELETING
---- -- _ - __ -_ _---- _ _ . _ _
DEFINITIONS FOR CONCURRENCY SERVICE AREA(S), FIVE-YEAR
FACILITIES WORK PROGRAM, PUBLIC SCHOOL INTERLOCAL
AGREEMENT, SCHOOL CAPACITY AND LEVEL OF SERVICE
REPORT, SCHOOL CONCURRENCY APPROVAL, SCHOOL DISTRICT,
AND SCHOOL FACILITY, PUBLIC SCHOOL FACILITY, OR
EDUCATIONAL FACILITY; CERTIFYING CONSISTENCY WITH THE
CITY'S COMPREHENSIVE PLAN AND PROPER ADVERT�SEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
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
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WHEREAS, the Community Planning Act (HB 7207) amended Section 163.3177(12),
F.S. in 2011, eliminating the requirement for implementing school concurrency; and
WHEREAS, on September 7, 2011, the Pinellas Schools Collaborative reviewed the
changes to Chapter 163, F.S. and recommended discontinuing the implementation of school
concurrency, as significant coordination exists already between local governments and the
School District; and
WHEREAS, amendments are therefore required to Section 4-903 of the City of
Clearwater Community Development Code in order to eliminate requirements for implementing
school concurrency; and
WHEREAS, corresponding amendments have been made to the Future Land Use
Element, the Intergovernmental Coordination Element, the Capital Improvements Element and
the Public School Facilities Element, of the Clearwater Comprehensive Plan in order to
eliminate references to school concurrency; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
Ordinance No. 8346-12
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Article 4, Development Review and Other Procedures, Division 9,
Concurrency Management, Section 4-903, Standards for certificate of concurrency/capacity, of
the Community Development Code, be, and the same is hereby amended to read as follows:
Section 4-903. Standards for certificate of concurrency/capacity.
A. In_determining__whether a certificate of concurrency/capacity may be issued, the
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community development coordinator shall apply the level of service standards in the
comprehensive plan according to the following measures for each public facility:
1. Potable water: water service area.
2. Sanitary sewer: sewer facility availability.
3. Drainage: drainage basin.
4. Solid waste: citywide.
5. Parks and recreation: citywide.
6. Roads: Section 4-803(C) Standards for Traffic Impact Study, and Section 4-904
Proportionate Fair-Share Program.
*****
Section 2. That Article 4, Development Review and Other Procedures, Division 9,
Concurrency Management, Section 4-905, Public school facilities concurrency, of the
Community Development Code, be, and the same is hereby deleted in its entirety as follows:
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Section 3. That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, of the Community Development Code, be, and the same is hereby amended as
follows:
*****
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6 Ordinance No. 8346-12
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Section 4. 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 5. 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 6. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the vatidity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 7. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 8. This ordinance shall take effect immediately upon adoption.
7 Ordinance No. 8346-12
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
8 Ordinance No. 8346-12
Catherine Lee,LEED Green Associate
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4557
catherine.lee(a�myclearwater.com
PROFESSIONAL EXPERIENCE
• Planner III,Long Range Division October 2010 to Present
• Planne"r It;Long Range Division November 2008"to Ocfo�er 2Qt0
City of Clearwater, Clearwater, Florida
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Code by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Coordinate and manage various projects.
• Planner I and Planner II,Development Review Division
Ciry of Clearwater, Clearwater, Florida March to October 2008
Provided information to the public concerning the City's Community Development Code, Clearwater
Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed
building plans for compliance with the Community Development Code. Presented Flexible Standard
Development applications before the Development Review Committee.
• Research Assistant
Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008
Contributed research on various land use and planning issues, including locally unwanted land uses
and their roles in the American West for Dr. Richard H. Jackson,AICP.
• Teaching Assistant
Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007
Explained North American land use patterns and concepts to students, including planning history and
current practices. Graded student writing and exams, providing feedback for improvement and
clarification of planning concepts.
• Planning Intern
City of Port Angeles, Port Angeles, Washington May to August 2007
Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research
related to intergovernmental cooperation, comprehensive plan amendments, and code changes.
Presented research findings to the Planning Commission.
EDUCATION
Bachelor of Science in Urban,Rural and Environmental Planning, Brigham Young University, 2007
ASSOCIATION MEMBERSHIP
• American Planning Association
• LEED Green Associate