TA2009-01001 - Ordinance No. 8028-09 - April 21, 2009
TA2009-01001
Ordinance number 8028-09
Agenda Item: F 1
Planner: Sandra Herman
CDB Meeting Date:
Case Number:
Ordinance Number:
Agenda Item:
April 21, 2009
T A2009-0 1001
8028-09
F-l
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 8028-09 - school concurrency.
INITIATED BY:
City of Clearwater Planning Department
BACKGROUND INFORMATION:
In 2005, Florida Statutes were changed, requiring that a new Public School Facilities
Element (PSFE) be added to the comprehensive plans for applicable communities, of
which Clearwater is one. The change in the Statutes also necessitated revisions to the
Interlocal Agreement between Pinellas County School Board, Pinellas County, the City
of Clearwater and eleven other municipalities. Subsequently, the City adopted the
required changes to the Clearwater Comprehensive Plan and entered into a new
lnterlocal Agreement.
The proposed text amendments to the Community Development Code are associated with
and are intended to ensure consistency with the PSFE amendments to the Clearwater
Comprehensive Plan and the provisions of the lnterlocal Agreement. Specifically,
Ordinance No. 8028-09 proposes text amendments to implement school concurrency
regulations, including definitions and a few minor editorial changes.
ANALYSIS:
The proposed text amendments to the Community Development Code are associated with
and are intended to ensure consistency with the Public School Facilities Element
amendments to the Clearwater Comprehensive Plan. The primary emphasis is on school
concurrency to ensure that there is available capacity (school work space) for the students
generated by a proposed residential development of 25 units or greater, and if not, to
provide options to allow the developer to mitigate the impact of the proposed
development on school facilities.
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The proposed Ordinance No. 8028-09 includes each of the amendments. The
amendments formalize the Clearwater Comprehensive Plan goals, objectives and policies
as well as provisions of the lnterlocal Agreement related to Pinellas County school
concurrency.
The ordinance is consistent with the Clearwater Comprehensive Plan as follows:
(Pages 2 through 9 of Ordinance)
Community Development Code: Article 4. Development Review and Other
Procedures
. Section 4-708. Recording of the final plat.
The ordinance adds sidewalk requirements associated with a subdivision plat for
improving the safety of students as they access public school facilities (consistent
with Clearwater Comprehensive Plan Policy 1.3.1.6).
. Section 4-903. Standards for certificate of concurrency/capacity.
This ordinance adds subsection 7 to Section 4-903 A., referring to the new public
school facilities concurrency requirements of Section 4-905. This ordinance revises
Section 4-903 B. to reflect the current Clearwater Comprehensive Plan policy 1.1.3.3.
. Section 4-905. Public School Facilities Concurrency.
This ordinance proposes new Section 4-905 to implement school concurrency as per
the Goals, Objectives and Policies of the Public School Facilities Element of the
Clearwater Comprehensive Plan pursuant to state law. It includes purpose, intent and
procedures.
Community Development Code: Article 8. Definitions and Rules of Construction
. This article concerns definitions that are associated with school concurrency so that
the City is consistent with the terms set forth in the lnterlocal Agreement.
. There is an editorial change to the definitions breaking out the two separate
definitions "level of service standard" and "living aboard (a boat)". Previously these
definitions were erroneously combined.
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:
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1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
Below is a selected list of goals, objectives and policies from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the
Community Development Code:
H.1.2 Objective - The City of Clearvvater shall continue to coordinate its
Comprehensive Plan with plans of the School Board of Pinellas County
and other local governments through participation in joint planning
process and procedures.
Policies
H.l.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).
H.l.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.
H.l.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 Capacity and Level of Service Report forming
the basis for the staff report.
H.l.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 lnterlocal Agreement, to ensure that the
Public School Facilities Element within the local government
comprehensive plans remains coordinated and consistent with
one another and with the plans of the School Board.
H.l.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
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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.
H.1.2.6 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.
H.1.2.7 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.
H.1.2.8 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.
1.1.7 Objective - 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:
1.1.7.1
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).
District-wide level-of-service standard: Student enrollment plus
vested students divided by Florida Inventory 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.
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1.1.7.2
1.1.7.3
1.1.7.4
1.1.7.5
1.1.7.6
Amendments to the adopted level of service shall be
accomplished using the procedure contained in Section 10 of
the Public School Facilities Interlocal Agreement.
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 adjusted throughout the year based on the official
student emollment 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.
By December 1 st 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.
The School Board, in coordination with the partner local
govermnents, 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.
The City hereby adopts by reference the School District's Five-
Year Work Program for FY 2008/09 through 2012/13, as
adopted by the School Board on September 9, 2008.
J.1 GOAL - THROUGH PARTNERSHIPS AND EFFECTIVE
COLLABORATION AMONG LOCAL GOVERNMENTS AND THE
PINEL LAS 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
AVAILABILITY OF HIGH QUALITY PUBLIC EDUCATIONAL
FACILITIES.
J.1.2 Objective - The City, through implementation of its
concurrency management system for public school
facilities, and in coordination with the School District, shall
ensure that there is available public school capacity to
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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 throughout the five
years covered by the Five-Year Work Program, as
amended, and the period of the long-range planning
program contained in the Public School Facilities Element.
Policies
1.1.2.1
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 Inventory 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.
1.1.2.4 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.
1.1.2.5 The School Board shall maximize school capacity through
program adjustments and/or through adjustments 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.
J.1.2.7 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.
1.1.2.8 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 jurisdictions.
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J.1.2.10 In order to facilitate the accurate annual assessment of projected
public school facility capacity, the City shall, throughout the
year, notify the 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.
1.1.2.11 A 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.
J.1.2.12 In accordance with Section 13 ofthe 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).
1.1.2.13 If 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.
1.1.2.14 If the School District determines that, in the aggregate, there is
not Available Capacity within an affected Concurrency Service
Area and the adjacent 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
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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 lnterlocal Agreement to
attempt to resolve the impasse.
1.1.2.15 A 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 determined through the conflict resolution
procedures provided for in Section 14 of the Public Schools
lnterlocal Agreement, if applicable.
1.1.2.16 Acceptable 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 lnterlocal Agreement.
1.1.2.17 The 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.
The amendments provide for joint planning processes and procedures that ensure that the
Community Development Code is consistent with the above goals, objectives and
policies ofthe Public School Facilities Element as well as the lnterlocal Agreement. The
procedures implement the policies which require that public school capacity is sufficient
to support anticipated students resulting from subdivision approvals. The ordinance also
underscores Clearwater's commitment to providing the opportunity for high student
achievement as articulated in the Clearwater Comprehensive Plan.
2. The proposed amendments further the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendments will further the purposes of the Community
Development Code as set forth in Section 1-103, as follows:
. Provide for adequate light, air and privacy; secure safety from fire, flood and
other damage; prevent overcrowding of the land and undue congestion of
population; and improve the quality of life for the citizens of the city (CDC
Section 1-103.E.l).
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· Protect the character and the social and economic stability of all parts of the city
through the establishment of reasonable standards which encourage the orderly
and beneficial development ofland within the city (CDC Section 1-103.E.2).
The proposed amendments will protect the social stability of the city and improve the
quality of life for its citizens by establishing standards that ensure that there is adequate
capacity in school facilities to address demand for facilities generated by proposed
residential developments.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and
further the goals of the Clearwater Comprehensive Plan and the purposes of the
Community Development Code. The amendments further those development goals
established in the Code, and existing Community Development Code provisions are
amended to better reflect City development patterns and improve internal processes.
Based upon the above, the Planning Department recommends APPROV AL of Ordinance
No. 8028-09 that amends the Community Development Code.
Prepared by Planning Department Staff:
! (',
~x;j~ Z, . \L/-t--.-...--.................
Sandra E. Herman, Planner III
ATTACHMENT:
D Ordinance No. 8028-09
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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
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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 property beinq platted within a two-mile radius of any existinq or planned
public school facilitv. the develooer(s) shall be responsible for the construction
of required sidewalk(s) alonq the corridor contiquous to the property beinq
developed that directly serves the public school facility. Such sidewalk(s) shall
be constructed accordinq to City specifications.
* * * * * * * * * *
Section 2. That Article 4, "Development Review and Other Procedures",
Division 9, "Concurrency Management", Section 4-903, "Standards for certificate of
concurrency/capacity", 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 Concurrency.
* * * * * * * * * *
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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 place 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 purpose of public school facilities Goncurrency is to
assure that there is available capacity for the number of anticipated students qenerated by
residential development and/or subdivision plat approvals in each public school
concurrency service area in accordance with the Public School Interlocal Aqreement for
public school facilities in Pinellas County.
B. Public School Facilities Concurrency Procedures.
1. Application for school concurrency review. In concert with an application for a
residential development and/or plat approval submitted in accordance with Section
4-202, an application for school concurrency review shall be submitted. The
application will be considered complete if it includes all information needed to
review the application in accordance with the countywide school concurrency
proqram.
2. Review of school concurrency application. When a school concurrency application
is deemed to be complete, it shall be reviewed in accordance with the procedures
for this application provided for in this section, as they may apply. These
procedures include a review of the application for concurrency with the Level of
Service standard for public school facilities.
3. School concurrency applied in concert with an application for a proposed
residential development and/or plat approval.
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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 request a determination on
adequacy of available capacity within the affected concurrency service area
where the proposed residential development and/or plat is proposed to be
located.
I. The City will be authorized by the system to immediately issue a school
concurrency approval for a proposed residential development and/or plat of
less than 25 dwellinq units.
ii. The school concurrency application information for a residential
development and/or plat of 25 dwellinq units or qreater will be sent forward
throuqh 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 confirminq whether or not there is available capacity for all
types of schools to accommodate the estimated number of students that
would be qenerated by the proposed residential development and/or plat.
b. When the countywide school concurrency system indicates there is adequate
available capacity for a proposed residential development and/or plat in the
affected concurrency service area, the School District will immediately notify
the City to issue a school concurrency approval for the proposed residential
development and/or plat.
c. If there is not adequate available capacity for a proposed residential
development and/or plat in the affected concurrency service area:
I. The School District will consider contiquous concurrency service area(s) in
addition to the affected concurrency service area.
ii. If it is determined that. in the aqqreqate, there is adequate available
capacity in the concurrency service area and the contiquous concurrency
service area(s), the School District shall immediately notify the City to issue
the school concurrency approval.
iii. If it is determined that. in the aqqreqate, there is not adequate available
capacity in the affected concurrency service area and in the contiquous
concurrency service area(s), the School District shall immediately notify the
City that an adequate level of service would not be provided. The School
District shall identify the required proportionate fair-share mitiqation and
recommend acceptable form(s) of mitiqation as provided within this section
to the City and the applicant.
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Ordinance No. 8028-09
iv. When the School District determines. in the aqqreqate. that there is not
adequate capacity for residential approval. then the City may only issue a
school concurrency approval after the execution of a leqally bindinq
development mitiqation aqreement 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 by 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 lonqer in effect.
4. Mitiqation. If it has been determined that there is not adequate available capacity in
a concurrency service area(s) affected by a proposed residential development
and/or plat. the applicant may decide to satisfy the public school facilities
concurrency requirements by makinq a proportionate fair-share contribution that will
require a development mitiqation aqreement.
a. Proportionate fair-share contribution.
i. The proportionate fair-share contribution shall be calculated usinq the
followinq formula for each school level: Multiply the number of additional
new student stations required for mitiqation of the estimated demand for
public school facilities created by the proposed school concurrency
application by the averaqe cost per student station usinq the actual
construction cost beinq experienced by the School District for student
stations at the time when proportionate share mitiqation is accepted plus
the inclusion of land costs. if any.
ii. Acceptable forms of proportionate fair-share contribution include the
followinq:
ffi.} Contribution of land:
@ The construction of a public school facility:
{g Expansion of an existinq public school facility:
ill2 Payment for land acquisition for the expansion or construction of a
public school facility:
{g} Participation in a mitiqation bankinq system created and maintained
by the School Board based on the construction of a public school
facility in exchanqe for the riqht to sell capacity credits:
1..E2 Contribution to charter schools servinq to expand the capacity of the
School District.
iii. The followinq standards shall apply to any mitiqation required by the
School District:
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161 Proposed mitiQation must be directed toward a permanent school
capacity improvement identified in the School District's Five-Year
Facilities Work Proqram that satisfies the estimated demands
created by a proposed residential development and/or plat approval;
ili1. Re-Iocatable classrooms will not be accepted as mitiqation;
~ Mitiqation shall be proportionate to the demand for public school
facilities estimated to be created by a proposed residential
development and/or plat approval.
b. Development Mitiqation Aqreement.
1. If the applicant has decided to satisfy the public school facilities
concurrency requirements by makinQ a proportionate fair-share
contribution. the applicant shall request to neqotiate with the City and the
School District for a development mitiQation aqreement that shall provide
for the stipulations to mitiqate the impacts of a proposed residential
development and/or plat approval on public school facilities.
iL. After a mitiQation plan is identified and aQreed upon by the applicant. the
City and the School District. the applicant shall prepare a development
mitiQation aQreement with direction from the School District and the City.
The final aqreement. after approval by the City and the School Board. will
become a part of the final residential development and/or plat approval.
iii. If the applicant. the City. and the School Board are unable to aqree on an
acceptable form of mitiQation. the conflict resolution provision provided in
Section 14 of the Public Schools Interlocal Aareement mav be utilized.
iv. The development mitiqation aqreement shall include a commitment by the
applicant to continue to renew the development mitiqation aQreement until
the mitiQation plan is completed as determined by the School Board or as
determined throuqh the conflict resolution procedures provided for in
Section 14 of the Public Schools Interlocal Aqreement. if applicable.
v. If the applicant chooses to not continue with the proiect. the applicant may
submit a letter to the City and the School District to withdraw from the
development mitiQation aQreement at any time prior to the execution of the
aqreement.
vi. Upon execution of a development mitiQation aqreement. the applicant shall
receive school concurrency approval.
c. Cross Jurisdictional Impacts. If a proposed mitiQation proposal involves
another iurisdiction. the Community Development Coordinator will notify the
other local qovernment to allow the other local Qovernment the opportunity to
comment on the mitiQation proposal prior to finalizinQ a development mitiQation
aQreement.
- 6 -
Ordinance No. 8028-09
~ Annual School Capacity and Level of Service Reports. The City shall ensure that the
School District is notified when new dwellinq 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.
~ For the purposes of meetinq 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 proqram shall be
considered vested and shall not require a school concurrency approval.
L Credits.
a. After the effective date of the countyWide public school concurrency system,
any property with existinq dwellinq units that are demolished or destroyed shall
receive a credit for the estimated number of students qenerated from existinq
dwellinq units. Credits may not be transferred to another property. The
applicant will be required to provide proof of such existinq uses in a manner
acceptable to the City.
b. The application of credits for public school capacity attributable to the number
of student stations qenerated by a previous and existinq 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 required 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 require 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 oriqinal approved
plan/plat on the subiect property will no lonqer 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 by the School District may be appealed in
accordance with section 14 of the Public Schools Interlocal Aqreement.
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:
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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 concurrency 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 Proaram. 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. Living aboard (a boat) means the use of a
boat whereupon one or more persons reside, whether temporarily or permanently.
* * * * * * * * *
Livinq aboard (a boat) means the use of a boat whereupon one or more persons
reside. whether temporarily or permanently.
* * * * * * * * *
Public School Interlocal Aareement means the Interlocal Aqreement filed with the
Pinellas County Board Clerk on April 24. 2007 between the Pinellas County School Board.
Pinellas County. and the twelve municipalities. includinq the City of Clearwater. within
Pinellas County that are required to implement school concurrency per Section
163.31777(1). F.S.. or as it may subsequently be amended.
* * * * * * * * *
School Board means the elected body presidinq over the schools of Pinellas County
responsible for exercisinq all of the powers and duties associated with the District schools.
in accordance with Chapter 1001 of the Florida Statutes.
School Caoacity and Level of Service Reoort means. when used for school
concurrency purposes. the report annually prepared by the School District to calculate the
existinq level of service and the available capacity within each Concurrency Service Area.
- 8 -
Ordinance No. 8028-09
School concurrency approval means the findinq issued by 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, orqanization. and administration of
schools in Pinellas County. The responsibility for the actual operation and administration
of all schools needed within the district in conformity with rules and minimum standards
prescribed by the state. and also the responsibility for the provision of any desirable and
practicable opportunities authorized by laws beyond those required by the state. are
deleqated by laws to the school officials of the Pinellas County School District.
School facilitv, public school facilitv. or educational facilitv means somethinq that is
built. installed or established. such as a buildinq. 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
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie Dougall-Sides, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
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Ordinance No. 8028-09
RESUME
SANDRA E. HERMAN
100 South Myrtle Avenue
Clearwater, FL 33756
Telephone: (727) 562-4586
sandra.herman@mvclearwater.com
PROFESSIONAL EXPERIENCE
City of Clearwater - January 1986 to Present
(Starting from current position)
Planner III - Planning Department
. Primary responsibilities: Advanced professional level planning work of a difficult and
responsible nature in connection with growth and orderly development of the City in
accordance with the Comprehensive Plan and other statutes, ordinances and regulations
related to land use.
Administrative Support Manager (previously titled Special Projects Manager) - Development
and Neighborhood Services Department
. Primary responsibilities: Annual Department Budget - research for initiatives proposals,
preparation and maintenance of the Budget for the department under the approval of the
department director - FYO? $4.136M Budget / 54.5 FTE's / $4.046 Revenues Projected;
Primary supervision of administrative support employees and their priorities including all
financial work for the department, payroll, customer service, code enforcement casework
input into the Tidemark Permit Plan system, and all other administrative support functions;
Backup for the director and other managers in the supervision of department employees, and
attendance in city meetings; Preparation and submittal of all City Council Agenda Items for
the department; and special projects such as the City's Development Guides - Residential
and Commercial (initial research, meetings, preparation, distribution - hard copy books,
CD's and on the Internet, and periodic updates).
Planning Administrator / Assistant to the Department Head - Central Permitting
Department (included Planning and Development Services)
. Primary responsibilities: Assistant to the Department Head: Directing and supervlSlng
planners, zoning staff, and staff assistants involved with all planning functions - current and
long range, including development plans in accordance with the land development
regulations and the City's Comprehensive Land Use Plan; preparation of reports and
agencies including the City Commission, Planning and Zoning Board, Development Code
Adjustment Board, Pinellas Planning Council, Countywide Planning Authority/Board of
County Commissioners, the State Department of Community Affairs and the Tampa Bay
Regional Planning Council. Member of the administrative team for large redevelopments
including the "Sunshine Mall" project. Coordinator for development reviews, working
closely with developers, attorneys, architects, engineers and citizen groups.
Permits Manager - Central Permitting Department (included Planning and Development
Services)
. Primary responsibilities: Supervision of permits counter staff working with occupational
licenses and building permits; lead planner for the State mandated Occupational License
Equity Commission project - successfully increasing occupational license fees and revenues
by 10% ($140,000); supervision of planning staff and functions as listed above. Report
preparation and presentation of cases to the City Commission and advisory boards.
Senior Planner - Planning and Development Department
. Primary responsibilities: Lead planner for the City in the 5-year Countywide Pinellas
Planning Council Land Use Plan Consistency Program, and City representative and
Chairperson for the Pinellas Planning Council's Planners Advisory Committee. Report
preparation and presentations to the City Commission and advisory boards.
Development Planner II - Planning and Urban Redevelopment Department
. Primary responsibilities: Lead planner responsible for site plan reviews and subdivision plat
reviews. Worked closely with applicants, attorneys, engineers and architects. Report
preparation and presentation of cases to the City Commission and advisory boards.
City of St. Petersburg - October 1974 - January 1986
Planner II - Planning Department
. Primary responsibilities: Lead planner responsible for site plan reviews, special exceptions,
and subdivision plat reviews. Worked closely with applicants, attorneys, engineers and
architects. Report preparation and presentation of cases to the City's Environmental
Development Commission and the City Council.
Planner I - Planning Department
. Primary responsibilities: Provide information and interpretation on zoning code regulations
to developers, architects, attorneys, and the general public; preparation of notices for public
hearings; and preparation of reports for vacations of rights-of-way and minor adjustments to
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~~~~. . .~.~u .t..~.~.
Draftsman - Traffic Engineering Department
. Primary responsibilities: Engineering drafting of street and intersection plans in coordination
with state and county plans, and graphic presentations for Traffic Engineering projects.
EDUCATION
Bachelor of Science, Visual Arts I Communications, Florida State University, 1974
Associate of Arts, St. Petersburg Junior College, 1972
PROFESSIONAL MEMBERSHIPS
Florida Planning and Zoning Association, Inc. since 1982
American Planning Association, since 1986