6071-96ORDINANCE NO, 6071 -96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA,AMENDING THE COMPREHENSIVE PLAN OF THE CITY,
INCLUDING AMENDMENTS TO THE FUTURE LAND USE
ELEMENT AS REQUIRED BY FLORIDA STATUTE 163, RELATED
TO THE PUBLIC EDUCATION FACILITY SITING ACT; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, 1995 State Legislature passed CS /HB 1797 known as the Public Education
Facility Siting Act, which amended Florida Statutes 235, 255, and 163; and
WHEREAS, the City of Clearwater is required by the Public Facility Siting Act to amend it s
Comprehensive Plan by identifying land use categories in which public schools are an allowable use;
establishing goals, objectives, and policies by which school facilities will be reviewed for consistency
with the Comprehensive Plan; and adopting either the Chapter 235 review process or an alternative
review process for determining suitability of each proposed school site no later than October 1, 1996;
and
WHEREAS, the City of Clearwater and the Pinellas County School District have met and
mutually agreed to the proposed goals, objectives, and policies and the alternative review process
which will be incorporated into a future interlocal agreement; and
WHEREAS, Section 163.3184, Florida Statutes provides for amendment of adopted
Comprehensive Plans; and
WHEREAS, the City of Clearwater's Planning and Zoning Board, in their capacity as Local
Planning Agency, held a public hearing August 20, 1996, and recommended approval of these
amendments; and
WHEREAS, the City of Clearwater City Commission held a public hearing after due notice
and adopted these amendments to the Comprehensive Plan on September 19, 1996, after carefully
considering the written comments of the State Land Planning Agency and other written and oral
comments submitted by members of the public and governing agencies.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
,Sect oni` 1. Pu=se and Intent. This ordinance is adopted to carry out the purpose and intent
of, and to exercise the authority granted pursuant to, the Local Government Comprehensive Planning
and Land Development Regulation Act, and more generally to exercise the authority granted pursuant
to the Florida Constitution and the Charter of the City of Clearwater. The provisions of this
ordinance and the comprehensive plan amendments as adopted by this ordinance are declared to be
the minimum requirements necessary to accomplish the purpose, intent and objectives as set forth
herein and in the comprehensive plan as adopted on November 16, 1989.
Section 2. Amendments to the Adopted Plan. The amendments to the Comprehensive Plan
of the City of Clearwater, as set forth in the attached exhibits A and B are hereby adopted.
Sections Severability, If any provision of this ordinance or of the comprehensive plan or
amendments as adopted by this ordinance should ever be adjudicated invalid for any reason, such
provision shall be deemed severable from the remaining provisions of this ordinance and the
comprehensive plan and amendments to the extent that the remaining provisions may independently
be valid and enforceable.
Section 4. Effective Date. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Approved as to form and
legal sufficiency:
Leslie Doug - Sides, Asst. City Attorney
2
September 19, 1996
October 3, 1996
Rita Garvey,
Mayor - Commissioner
Attest:
Cyn is E. Goudeau, City Clerk
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EXHIBIT B TO ORDINANCE NO. 6071-96
PROPOSED TEXT CHANGES TO THE CITY OF CLEARWATER COMPREHENSIVE PLAN
FUTURE LAND USE
August 1996
Goal 5: To coordinate the location of new and expanded school sites and facilities in order to ensure
compatibility and consistency with the City's Comprehensive Plan.
Objective 5.1
Policies
Policy 5.7.1 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.
Policy 5.1.2 Public education facilities of the Pinellas County School District are an allowable
use within the following future land use sate og ries:
Residential Estate
Residential Suburban
Residential Low
Residential Urban
Residential Low Medium
Residential Medium
Residential High
Residential/Office Limited
Residential/Office General
Institutional
Policy 5.1.3.
the School Boaa that the proposed site is consistent with the City's comprehensive plan
Policy 5.1.4. In addition to overall consistency with the City's comprehensiveplan. the proposed
location of a new or expanded public education facility of the Pinellas County School District
mithin one of the land use categories listed in Policy 5.1.2. shall be reviewed and considered with
the following general criteria_
1. The proposed location is compatible with present and protected uses of adiacent
property fs.235,19(2)(a)l.
2, The site area of the proposed location is adequate for its intended use based upon
the State Reoturements for Educational Facilities and provides sufficient area to
accommodate all needed utilities and support facilities and allows for„Olgquate
buffering of surrounding land uses.
6*1met, 4611-q6
4, There are no significant environmental constraints that would preclude development of
public education facilities on the site.
5. There will be no adverse impacts on archaeological or historic sites listed in the
National Register of Historic Places or designated by the City as locally sign cant
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 County's Stormwater Management Plan
and the City's adopted watershed management plan if applicable
8. 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 on -site.
10. The proposed location lies outside the area regulated ated by section 333 03(3) F S
regarding the construction of public educational facilities in the vicinity of an airport
Policy 5.1.5. The following criteria shall also be used to evaluate whether proposed locations of
AWific types of schools are consistent with the City's comprehensive plan;
Elementary Schools, Special Education Facilities and Alternative Education Facilities
1. The proposed location shall have direct access to at least a minor collector
road or as otherwise approved by the City 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.
Middle Schools
1. Theproposed location shall have direct access to at least a minor rollector
road or as otherwise approved by the City 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 S hoots
1. The_pronosed location shall have direct access to at least a major collector
road, or as otherwise approved b the City alien determination of
:IC_CCp_t_ablo traliic impacts on adjacent roads of lesser classification
2. __Stadiums outdoor n national facilitics and simil r r ' '
R V fa illties shall
be located and buffered on the prop�Sed site to minimize iM=44 en
ttdiacent properties
Vocational - Technical Schools
1. The proposed location shall have direct access to at least a major collector
road, or as otherwise approved by the City 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.
Policy 5.1.6. Prooppsed locations that are less than the standard site acreage as prescribed in
the Florida Department of Education State Requirements of Educational Facilities maybe
determined to be consistent with the City's comprehensive plan provided the requirements of
s.235.19(3). F.S. are met and off -site impacts can be adequately mitigated.
Policy 5.1.7. A determination that a proposed new site or additional property is consistent
with the City's comprehensive plan may be conditioned with reference to specific types of public
educational facilities.
Policy 5.1.8. 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 5.1.4. and
5.1.5. Conditions may not be imposed which conflict with those established in Chapter 235 or
the State Uniform Building Code, unless mutually agreed. Is.235.193(6)1.
Policy 5.1.9. Before a significant change ofpromm at a public education facility is
implemented, the School Board and the City shall require a review of the facility's on -site and
off -site impacts. The School Board and the City will work cooperatively to mitigate on -site and
off -site impacts, including impacts to public facilities, identified through the review.
Policy 5.1.10. The City and the School Board shall annually coordinate in the development of
their mogain capital improvement programs.
Policy 5.1.11. The policies in Objective 5.labove are assumed to be consistent with, and do
not nullify or conflict with, the provisions of Chanter 235. F.S.