TA2009-01001• •
TA2009-01001
Ordinance number 8028-09
Agenda Item: F 1
Planner: Sandra Herman
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 being platted within a two-mile radius of any existing or planned
public school facility, the developer(s) shall be responsible for the construction
of required sidewalk(s) along the corridor contiguous to the property being
developed that directly serves the public school facility. Such sidewalk(s) shall
be constructed according 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 Concurrence.
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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 1.1.13
28.3.3 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 Concurrence.
A. Purpose and Intent. The purpose of public school facilities concurrence is to
assure that there is available capacity for the number of anticipated students generated by
residential development and/or subdivision plat approvals in each public school
concurrence service area in accordance with the Public School Interlocal Agreement for
public school facilities in Pinellas County.
B. Public School Facilities Concurrency Procedures.
1. Application for school concurrence 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 concurrence 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
program.
2. Review of school concurrence 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 concurrence with the Level of
Service standard for public school facilities.
3. School concurrence 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 concurrence system in order to request a determination on
adequacy of available capacity within the affected concurrence 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 dwelling units.
ii. The school concurrence application information for a residential
development and/or plat of 25 dwelling units or greater will be sent forward
through the system to the School District for review.
iii. Within 25 days of receipt from the City of the school concurrence application
information for a residential development and/or plat, the School District
shall review the application and render a public school concurrency
determination confirming whether or not there is available capacity for all
types of schools to accommodate the estimated number of students that
would be generated 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:
L_ The School District will consider contiguous concurrency service area(s) in
addition to the affected concurrency service area.
H. If it is determined that, in the aggregate, there is adequate available
capacity in the concurrency service area and the contiguous 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 aggregate, there is not adequate available
catty in the affected concurrency service area and in the contiguous
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 mitigation and
recommend acceptable form(s) of mitigation 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 aggregate, that there is not
adequate capacity for residential approval then the City may only issue a
school concurrency approval after the execution of a legally binding
development mitigation agreement 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 concurrence 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
concurrence approval shall be valid until a Certificate of Occupancy is issued
or the development order and/or permit is no longer in effect.
40 Mitigation. If it has been determined that there is not adequate available capacity in
a concurrence 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 making a proportionate fair-share contribution that will
require a development mitigation agreement.
a. Proportionate fair-share contribution.
The proportionate fair-share contribution shall be calculated using the
following formula for each school level: Multiply the number of additional
new student stations required for mitigation of the estimated demand for
public school facilities created by the proposed school concurrence
application by the average cost per student station using the actual
construction cost being experienced by the School District for student
stations at the time when proportionate share mitigation is accepted plus
the inclusion of land costs, if any.
ii. Acceptable forms of proportionate fair-share contribution include the
following:
(AA) Contribution of land:
(B) The construction of a public school facility:
(C) Expansion of an existing public school facility:
(D) Payment for land acquisition for the expansion or construction of a
public school facility:
(E) Participation in a mitigation banking system created and maintained
by the School Board based on the construction of a public school
facility in exchange for the right to sell capacity credits:
(F) Contribution to charter schools serving to expand the capacity of the
School District.
iii. The following standards shall apply to any mitigation required by the
School District:
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Ordinance No. 8028-09
• •
Proposed mitigation must be directed toward a permanent school
capacity improvement identified in the School District's Five-Year
Facilities Work Program that satisfies the estimated demands
created by a proposed residential development and/or plat approval;
(B). Re-locatable classrooms will not be accepted as mitigation;
Mitigation shall be proportionate to the demand for public school
facilities estimated to be created by a proposed residential
development and/or plat approval.
IL Development Mitigation Agreement.
If the applicant has decided to satisfy the public school facilities
concurrence requirements by making a proportionate fair-share
contribution, the applicant shall request to negotiate with the City and the
School District for a development mitigation agreement that shall provide
for the stipulations to mitigate the impacts of a proposed residential
development and/or plat approval on public school facilities-
After a mitigation plan is identified and,agreed upon by the applicant -the
City and the School District, the applicant shall prepare a development
mitigation agreement with direction from the School District and the City.
The final agreement, 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 agree on an
acceptable form of mitigation, the conflict resolution provision provided in
Section 14 of the Public Schools Interlocal Agreement may be utilized.
iv. The development mitigation agreement shall include a commitment by the
applicant to continue to renew the development mitigation agreement until
the mitigation plan 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 Interlocal Agreement, if applicable.
v. If the applicant chooses to not continue with the project, the applicant may
submit a letter to the City and the School District to withdraw from the
development mitigation agreement at any time prior to the execution of the
agreement.
vi. Upon execution of a development mitigation agreement, the applicant shall
receive school concurrence approval.
c. Cross Jurisdictional Impacts. If a proposed mitigation proposal involves
another jurisdiction, the Community Development Coordinator will notify the
other local government to allow the other local government the opportunity to
comment on the mitigation proposal prior to finalizing a development mitigation
agreement.
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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 dwelling 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 meeting 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 program shall be
considered vested and shall not require a school concurrence approval.
7. Credits.
a. After the effective date of the countywide public school concurrence system,
any property with existing dwelling units that are demolished or destroyed shall
receive a credit for the estimated number of students generated from existing
dwelling units. Credits may not be transferred to another property. The
applicant will be required to provide proof of such existing uses in a manner
acceptable to the City.
b. The application of credits for public school capacity attributable to the number
of student stations -generated by a previous and existing 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 concurrence 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
concurrence approval issued for the initial development plan. Modifications in
demand on available capacity will be reflected in the countywide public school
concurrence 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 concurrence approval issued for the original approved
plan/plat on the subiect property will no longer be valid, and the new application for
residential development and/or plat approval will be subject 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 Agreement.
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
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Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have the
meanings specked herein:
Concurrence service area(s), when used for school concurrence purposes, means the
areas as established by the School Board within which the level of service will be
measured for school concurrence purposes-
Five-year Facilities Work Program, when used for school concurrence 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 aboaFd (a beat) means the use
Living aboard (a boat) means the use of a boat whereupon one or more persons
reside, whether temporarily or permanently.
Public School Interlocal Agreement means the Interlocal Agreement filed with the
Pinellas County Board Clerk on April 24, 2007 between the Pinellas County School Board.
Pinellas County, and the twelve municipalities, including 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 presiding over the schools of Pinellas County
responsible for exercising all of the powers and duties associated with the District schools,
in accordance with Chapter 1001 of the Florida Statutes.
School Capacity and Level of Service Report means, when used for school
concurrence purposes, the report annually prepared by the School District to calculate the
existing level of service and the available capacity within each Concurrence Service Area.
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Ordinance No. 8028-09
School concurrence approval means the finding 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 organization 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
delegated by laws to the school officials of the Pinellas County School District.
School facility, public school facility, or educational facility means something that is
built installed or established such as a building 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
Ap oved as to form:
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Leslie Dougall s, Assistant City Attorney
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May 21, 2009
June 4, 2009
rank V. Hibbard
Mayor
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Coversheet
5(4 7
Page 1 of 1
Meeting Date: 5/18/2009
C]
Work Session
Council Chambers - City Hall
•
•
SUBJECT / RECOMMENDATION:
Approve amendments to the Community Development Code to implement school concurrency, and Pass Ordinance 8028-09 on first
reading. (TA2009-01001)
SUMMARY:
The Planning Department is recommending text amendments to the Community Development Code to implement school concurrency. The
proposed amendments to the Community Development Code are intended to ensure consistency with the Public School Facilities
amendments to the Clearwater Comprehensive Plan (adopted in 2008) and the provisions of the Interlocal Agreement between Pinellas
County School Board, Pinellas County, the City of Clearwater and eleven other municipalities.
The amendments that present a change in current policy or a new policy issue are outlined below:
• Public School Facilities Concurrency. This ordinance proposes new Section 4-905 to implement school concurrency ensuring that
there will be workspace available in schools for students generated by new residential projects that contain 25 or more
units. School concurrency will be tracked on a countywide basis through the countywide computer system.
• 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 J3.1.6).
• 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 L 1.3.3.
• Definitions. This article concerns definitions that are associated with school concurrency so that the City is consistent with the
terms set forth in the Interlocal Agreement.
The Community Development Board (CDB) reviewed the proposed text amendments at its pubic hearing of April 21, 2009. The CDB
unanimously recommended approval of the proposed amendments with no comments.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
http://msb-laser-app/councilagendaBluesheet.aspx?ItemID=525 5&MeetingID=286
5/18/2009
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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 11, 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
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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 propertv beinq platted within a two-mile radius of anv existina or planned
public school facility, the developer(s) shall be responsible for the construction
of required sidewalk(s) along the corridor contiguous to the Property being
developed that directly serves the public school facility. Such sidewalk(s) shall
be constructed according 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
28.3.3 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
vailable, to be in place or under construction not more than 3 years after permit
available,-
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. Purpose and Intent. The purpose of public school facilities concurrencv is to
assure that there is available capacity for the number of anticipated students generated by
residential development and/or subdivision plat approvals in each public school
concurrencv service area in accordance with the Public School Interlocal Agreement for
ublic school facilities in Pinellas County.
B. Public School Facilities Concurrency Procedures.
1. Application for school concurrencv 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 concurrence review shall be submitted. The
application will be considered complete if it includes all information needed to
review the application in accordance with the countvwide school concurrencv
program.
2. Review of school concurrencv application. When a school concurrencv 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 concurrencv with the Level of
Service standard for public school facilities.
3. School concurrence applied in concert with an application for a proposed
is residential development and/or plat approval.
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Ordinance No. 8028-09
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•
a. When a completed school concurrence application is filed, the City will input
the applicable school concurrence information from the application into the
countywide school concurrence system in order to request a determination on
adequacy of available capacity within the affected concurrence 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
concurrence approval for a proposed residential development and/or plat of
less than 25 dwelling units.
ii. The school concurrency application information for a residential
development and/or plat of 25 dwelling units or greater will be sent forward
through the system to the School District for review.
iii. Within 25 days of receipt from the City of the school concurrence application
information for a residential development and/or plat, the School District
shall review the application and render a public school concurrence
determination confirming whether or not there is available capacity for all
types of schools to accommodate the estimated number of students that
would be generated by the proposed residential development and/or plat.
• b. When the countywide school concurrence system indicates there is adequate
available capacity for a proposed residential development and/or plat in the
affected concurrence 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 concurrence service area:
i. The School District will consider contiguous concurrence service area(s) in
addition to the affected concurrency service area.
ii. If it is determined that, in the aggregate, there is adequate available
capacity in the concurrence service area and the contiguous concurrency
service area(s), the School District shall immediately notify the City to issue
the school concurrence approval.
If it is determined that. in the aaareaate. there is not adequate available
capacity in the affected concurrence service area and in the contiguous
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 mitigation and
recommend acceptable form(s) of mitigation as provided within this section
to the City and the applicant.
•
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Ordinance No. 8028-09
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•
iv. When the School District determines, in the aggregate, that there is not
adequate capacity for residential approval, then the City may only issue a
school concurrence approval after the execution of a legally binding
development mitigation agreement 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 longer in effect.
4. Mitigation. 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 making a proportionate fair-share contribution that will
require a development mitigation agreement.
a. Proportionate fair-share contribution.
L_ The proportionate fair-share contribution shall be calculated using the
following formula for each school level: Multiply the number of additional
new student stations required for mitigation of the estimated demand for
public school facilities created by the proposed school concurrency
application by the average cost per student station using the actual
construction cost being experienced by the School District for student
stations at the time when proportionate share mitigation is accepted plus
the inclusion of land costs, if any.
ii. Acceptable forms of proportionate fair-share contribution include the
following:
(A) Contribution of land:
(B) The construction of a public school facility:
(C) Expansion of an existing public school facility:
(D) Payment for land acquisition for the expansion or construction. of a
public school facility:
(E) Participation in a mitigation banking system created and maintained
by the School Board based on the construction of a public school
facility in exchange for the right to sell capacity credits:
(F) Contribution to charter schools serving to expand the capacity of the
School District.
iii. The following standards shall apply to any mitigation required by the
School District:
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Ordinance No. 8028-09
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Proposed mitigation must be directed toward a permanent school
capacity improvement identified in the School District's Five-Year
Facilities Work Program that satisfies the estimated demands
created by a proposed residential development and/or plat approval;
(B). Re-locatable classrooms will not be accepted as mitigation;
Mitigation 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 Mitigation Agreement.
If the applicant has decided to satisfy the public school facilities
concurrence requirements by making a proportionate fair-share
contribution, the applicant shall request to negotiate with the City and the
School District for a development mitigation agreement that shall provide
for the stipulations to mitigate the impacts of a proposed residential
development and/or plat approval on public school facilities.
ii. After a mitigation plan is identified and agreed upon by the applicant, the
City and the School District, the applicant shall prepare a development
mitigation agreement with direction from the School District and the City.
The final agreement, 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 agree on an
acceptable form of mitigation, the conflict resolution provision provided in
Section 14 of the Public Schools Interlocal Agreement may be utilized.
iv. The development mitiaation aareement shall include a commitment by the
applicant to continue to renew the development mitigation agreement until
the mitigation plan 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 Interlocal Agreement, if applicable.
v. If the applicant chooses to not continue with the project, the applicant may
submit a letter to the City and the School District to withdraw from the
development mitigation agreement at any time prior to the execution of the
agreement.
vi. Upon execution of a development mitigation agreement, the applicant shall
receive school concurrence approval.
c. Cross Jurisdictional Impacts. If a proposed mitiaation proposal involves
another jurisdiction, the Community Development Coordinator will notify the
other local government to allow the other local government the opportunity to
comment on the mitigation proposal prior to finalizina a development mitiaation
agreement.
•
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Ordinance No. 8028-09
E
•
•
5. Annual School Capacity and Level of Service Reports. The City shall ensure that the
School District is notified when new dwelling units have received Certificates of
Occupancv and when school concurrence 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 meeting 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 concurrence program shall be
considered vested and shall not require a school concurrence approval.
7. Credits.
a. After the effective date of the countywide public school concurrence system,
any property with existing dwelling units that are demolished or destroyed shall
receive a credit for the estimated number of students generated from existing
dwelling units. Credits may not be transferred to another property. The
applicant will be required to provide proof of such existing 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 existina on-site residential use
• maybe 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 concurrence 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 concurrence approval. Modifications to residential development and/or plat
approvals that increase the residential density shall be subject to school
concurrence review for the additional density. The validity period for a school
concurrence approval issued for modifications to a residential development and/or
plat shall be identical to the validity time frame associated with the school
concurrence approval issued for the initial development plan. Modifications in
demand on available capacity will be reflected in the countywide public school
concurrence 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 concurrence approval issued for the original approved
plan/plat on the subject property will no longer be valid, and the new application for
residential development and/or plat approval will be subject to the school
concurrence review procedures in this section.
9. School concurrence decisions made by the School District may be appealed in
accordance with section 14 of the Public Schools Interlocal Agreement.
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:
**********
Concurrencv service area(s), when used for school concurrence purposes, means the
areas as established by the School Board within which the level of service will be
measured for school concurrence purposes.
Five-year Facilities Work Program, when used for school concurrence 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 outlav needs.
Level of service standard means the number of units of capacity per unit of demand
adopted by the City in the comprehensive plan.
Livinq aboard (a boat) means the use of a boat whereupon one or more persons
reside, whether temporarily or permanently.
Public School Interlocal Agreement 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, including the City of Clearwater, within
Pinellas County that are required to implement school concurrence per Section
163.31777(1), F.S., or as it may subsequently be amended.
School Board means the elected body presiding over the schools of Pinellas County
responsible for exercising all of the powers and duties associated with the District schools,
in accordance with Chapter 1001 of the Florida Statutes.
School Capacity and Level of Service Report means, when used for school
concurrence purposes, the report annually prepared by the School District to calculate the
existing level of service and the available capacity within each Concurrencv Service Area.
•
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•
School concurrence 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, organization, 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
delegated by laws to the school officials of the Pinellas County School District.
School facility, public school facility, or educational facility means something that is
built, installed or established, such as a building, 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
Approved as to form:
• Leslie Dougall-Sides, Assistant City Attorney
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Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 8028-09
•
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•
•
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Ordinance No. 8028-09
•
•
CDB Meeting Date:
Case Number:
Ordinance Number:
Agenda Item:
April 21, 2009
TA2009-01001
8028-09
F-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
Ll
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 Interlocal 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 Interlocal 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 Interlocal 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 J.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 I.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 Interlocal 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:
1. The proposed amendment is consistent with and furthers the goals, policies and objectives of
the Comprehensive Plan.
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• 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 Clearwater 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.1.2.1 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.1.2.2 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.1.2.3 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.1.2.4 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 within the local government comprehensive plans remains
coordinated and consistent with one another and with the plans of the
School Board.
H.1.2.5 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.
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• 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.
1.1.7.2 Amendments to the adopted level of service shall be accomplished
using the procedure contained in Section 10 of the Public School
Facilities Interlocal Agreement.
1.1.7.3 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 adjusted
throughout the year based on the official student enrollment count of
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• 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.
1.1.7.4 By December I" 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.
1.1.7.5 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.
1.1.7.6 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
PINELLAS COUNTY SCHOOL DISTRICT, AND BECAUSE OF A
SHARED COMMITMENT TO EDUCATIONAL EXCELLENCE, ALL
STUDENTS OF THE PINELLAS 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 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
J.1.2.1 The City hereby adopts, consistent with Section 11 of the Public
Schools Interlocal Agreement, the following level-of-service standard,
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• 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.
J.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.
J.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.
J.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.
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.
J.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.
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•
J.1.2.12 In 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).
J.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.
J.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 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.
J.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 Interlocal Agreement, if applicable.
J.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 Interlocal Agreement.
J.1.2.17 The City and the School District shall utilize student generation rates
developed by the School District for purposes of calculating the
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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 of the
Public School Facilities Element as well as the Interlocal 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.1).
• 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 of land 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 APPROVAL of Ordinance No. 8028-09 that amends the Community
Development Code.
Prepared by Planning Department Staff:
Sandra E. Herman, Planner III
is
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•
• ATTACHMENT:
? Ordinance No. 8028-09
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CDB Meeting Date;
Case Number:
Ordinance Number:
Agenda Item:
April 21, 2009
TA2009-01001
8028-09
F-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
.t
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
Interlocal 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 Interlocal 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.
1
SAPlanning Department\Community Development Code\2009 Code Amendments\TA2009-01001 - PSFE
Concurrency\TA2009-01001 CDB Staff Report Drafts\TA2009-01001 CDB Staff Report REV 04-09-09.doc
•
•
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 Interlocal 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 J.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 Interlocal 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 Clearwater 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.1.2.1 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.1.2.2 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.1.2.3 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.1.2.4 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 within the local government
comprehensive plans remains coordinated and consistent with
one another and with the plans of the School Board.
H.1.2.5 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 Amendments to the adopted level of service shall be
accomplished using the procedure contained in Section 10 of
the Public School Facilities Interlocal Agreement.
1.1.7.3 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 adjusted 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.
1.1.7.4 By December 1" 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.
1.1.7.5 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.
1.1.7.6 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
PINELLAS COUNTY SCHOOL DISTRICT, AND BECAUSE OF A
SHARED COMMITMENT TO EDUCATIONAL EXCELLENCE,
ALL STUDENTS OF THE PINELLAS 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
J.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.
J.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.
J.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.
J.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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C,
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.
J.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 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).
J.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.
J.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 Interlocal Agreement to
attempt to resolve the impasse.
J.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
Interlocal Agreement, if applicable.
J.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 Interlocal Agreement.
J.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 of the Public School Facilities Element as well as the Interlocal 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.1).
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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 of land 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 APPROVAL of Ordinance
No. 8028-09 that amends the Community Development Code.
Prepared by Planning Department Staff:
Sandra E. Herman, Planner III
ATTACHMENT:
? Ordinance No. 8028-09
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RESUME
SANDRA E. HERMAN
100 South Myrtle Avenue
Clearwater, FL 33756
Telephone: (727) 562-4586
sandra.herman@myclearwater.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 - FY07 $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 supervising
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
1
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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
• PrimM 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
subdivision plats.
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 / 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
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 11, 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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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 being platted within a two-mile radius of any existing or planned
public school facility. the developer(s) shall be responsible for the construction
of required sidewalk(s) along the corridor contiguous to the property being
developed that directly serves the public school facility. Such sidewalk(s) shall
be constructed according to City specifications.
**********
Section 2. That Article 4, "Development Review and Other Procedures",
Division 9, "Concurrency Management", Section 4-903, "Standards for certificate of
con cu rre ncy/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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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
28.3.3 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.
* W * * * * * * * *
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. Purpose and Intent. The purpose of public school facilities concurrence is to
assure that there is available capacity for the number of anticipated students generated by
residential development and/or subdivision plat approvals in each public school
concurrence service area in accordance with the Public School Interlocal Agreement for
public school facilities in Pinellas County.
B. Public School Facilities Concurrency Procedures.
1. Application for school concurrence 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 concurrence 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 concurrence
program.
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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a. When a completed school concurrence application is filed, the City will input
the applicable school concurrence information from the application into the
countywide school concurrence system in order to request a determination on
adequacy of available capacity within the affected concurrence 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 dwelling units.
ii. The school concurrency application information for a residential
development and/or plat of 25 dwelling units or greater will be sent forward
through 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 confirming whether or not there is available capacity for all
types of schools to accommodate the estimated number of students that
would be generated 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 Citv 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:
L The School District will consider contiguous concurrency service area(s) in
addition to the affected concurrency service area.
ii. If it is determined that in the aggregate, there is adequate available
capacity in the concurrency service area and the contiguous 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 aggregate, there is not adequate available
capacity in the affected concurrency service area and in the contiguous
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 mitigation and
recommend acceptable form(s) of mitigation as provided within this section
to the City and the applicant.
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iv. When the School District determines, in the aggregate, that there is not
adequate capacity for residential approval, then the City may only issue a
school concurrency approval after the execution of a legally binding
development mitigation agreement 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 longer in effect.
4. Mitigation. 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 making a proportionate fair-share contribution that will
require a development mitigation agreement.
a. Proportionate fair-share contribution.
The proportionate fair-share contribution shall be calculated using the
following formula for each school level: Multiply the number of additional
new student stations required for mitigation of the estimated demand for
Dublic school facilities created by the proposed school concurrency
application by the average cost per student station using the actual
construction cost being experienced by the School District for student
stations at the time when proportionate share mitigation is accepted plus
the inclusion of land costs, if any.
ii. Acceptable forms of proportionate fair-share contribution include the
following:
Contribution of land,
The construction of a public school facility;
Expansion of an existing public school facility;
Payment for land acquisition for the expansion or construction of a
public school facility;
Participation in a mitigation banking system created and maintained
by the School Board based on the construction of a public school
facility in exchange for the right to sell capacity credits;
Contribution to charter schools serving to expand the capacity of the
School District.
iii. The following standards shall apply to any mitigation required by the
School District:
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Proposed mitigation must be directed toward a permanent school
capacity i mprovement identified in the School District's Five-Year
Facilities Work Program that satisfies the estimated demands
created b y a proposed residential develop ment and/or plat approval;
Re-locatable classrooms will not be acce
Mitigation shall be proportionate to the pted as mitigation;
demand for public school
facilities estimated to be created b y a proposed residential
development and/or plat approval.
b. Development Mitigation Agreement.
If the applicant has decided to satisfy the public school facilities
concurrency requirements by making a proportionate fair-share
contribution, the applicant shall request to negotiate with the City and the
School District for a development mitigation agreement that shall provide
for the stipulations to mitigate the impacts of a proposed residential
development and/or plat approval on public school facilities.
H. After a mitigation plan is identified and agreed upon by the applicant, the
City and the School District, the applicant shall prepare a development
mitigation agreement with direction from the School District and the City.
The final agreement, 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 agree on an
acceptable form of mitigation, the conflict resolution provision provided in
Section 14 of the Public Schools Interlocal Aareement may be utilized.
iv. The development mitigation agreement shall include a commitment by the
applicant to continue to renew the development mitigation agreement until
the mitigation plan 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 Interlocal Agreement, if applicable.
v. If the applicant chooses to not continue with the project, the applicant may
submit a letter to the City and the School District to withdraw from the
development mitigation agreement at any time prior to the execution of the
agreement.
vi. Upon execution of a development mitigation agreement, the applicant shall
receive school concurrency approval.
c. Cross Jurisdictional Impacts. If a proposed mitigation proposal involves
another jurisdiction, the Community Development Coordinator will notify the
other local government to allow the other local government the opportunity to
comment on the mitigation proposal prior to finalizing a development mitigation
agreement.
-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 dwelling 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 meeting 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 concurrence program shall be
considered vested and shall not require a school concurrency approval.
7. Credits.
a. After the effective date of the countywide public school concurrency system,
any property with existing dwelling units that are demolished or destroyed shall
receive a credit for the estimated number of students generated from existing
dwelling units. Credits may not be transferred to another property. The
applicant will be required to provide proof of such existing uses in a manner
acceptable to the City.
b. The application of credits for public school capacity attributable to the number
of student stations generated by a previous and existing 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 original approved
plan/plat on the subiect property will no longer be valid, and the new application for
residential development and/or plat approval will be subject 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 Agreement.
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
9 0
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have the
meanings specified herein:
**********
Concurrence service area(s), when used for school concurrence purposes, means the
areas as established by the School Board within which the level of service will be
measured for school concurrence purposes.
Five-year Facilities Work Program, when used for school concurrence 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.
beat whereupoR GneeF more -Perms reside, whether tT peFarily nr peFmaReRtly.
Livina aboard (a boat) means the use of a boat whereupon one or more persons
reside, whether temporarily or Permanently.
Public School Interlocal Agreement means the Interlocal Agreement filed with the
Pinellas County Board Clerk on April 24, 2007 between the Pinellas County School Board,
Pinellas County, and the twelve municipalities, including the City of Clearwater, within
Pinellas County that are required to implement school concurrence per Section
163.31777(1), F.S., or as it may subsequently be amended.
School Board means the elected body presiding over the schools of Pinellas County
responsible for exercising all of the powers and duties associated with the District schools,
in accordance with Chapter 1001 of the Florida Statutes.
School Capacity and Level of Service Report means, when used for school
concurrence purposes, the report annually prepared by the School District to calculate the
existing level of service and the available capacity within each Concurrence Service Area.
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Ordinance No. 8028-09
School concurrence approval means the finding 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, organization, 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
delegated by laws to the school officials of the Pinellas County School District.
School facility, public school facility, or educational facility means something that is
built, installed or established, such as a building, 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
romnetent 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
-9-
Cynthia E. Goudeau, City Clerk
Ordinance No. 8028-09
yS?`?H'a?'jJ, •
Clearwater City Council *session Item #:
R, - o Agenda Cover Memorandum Final Agenda Item #
9q<y?r? ???? Meeting Date: 05-21-09
SUBJECT/RECOMMENDATION:
(TA2009-01001)
APPROVE amendments to the Community Development Code to implement school concurrency, and PASS Ordinance No.
8028-09 on first reading.
U and that the appropriate officials be authorized to execute same.
SUMMARY:
The Planning Department is recommending text amendments to the Community Development Code to implement school
concurrency. The proposed amendments to the Community Development Code are intended to ensure consistency with the
Public School Facilities amendments to the Clearwater Comprehensive Plan (adopted in 2008) and the provisions of the
Interlocal Agreement between Pinellas County School Board, Pinellas County, the City of Clearwater and eleven other
municipalities.
The amendments that present a change in current policy or a new policy issue are outlined below:
? 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 J.3.1.6).
? 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.
? 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.
? Definitions.
This article concerns definitions that are associated with school concurrency so that the City is consistent with the terms
set forth in the Interlocal Agreement.
The Community Development Board (CDB) reviewed the proposed text amendments at its pubic hearing of April 21, 2009.
The CDB unanimously recommended approval of the proposed amendments with no comments.
City Manager ? None
Reviewed by: Originating Dept.: Costs
Legal Info Srvc N/A PLANNING DEPARTMENT Total
Sandra E. Herman
Budget N/A Public Works N/A User Dept.: Funding Source:
Purchasing N/A DCM/ACM Planning Current FY Cl
Risk Mgmt NIA Other Attachments: Ordinance No. OP
8028-09, CDB staff report
STAFF REPORTS Other
Submitted by: Appropriation Code:
PPA -7 PINELLAS
PLANNING
COUNCIL COUNCIL MEMBERS
600 Cleveland Street, Suite 850 • Clearwater, Florida W55-4160 Mayor Beverley Billiris, Chairman
Vice-Mayor Jerry Knight, Vice-Chairman
Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplanningcouncii.org Mayor Pat Gerard, Secretary
Commissioner John Morroni, Treasurer
Commissioner Nina Bandoni
Councilmember Sandra L. Bradbury
April 29, 2009 Commissioner Dave Carson
Councilmember John Doran
Councilmember Jim Kennedy
Sandra E. Herman School Board Member Linda S. Lerner
Commissioner Stephanie Oddo
Planner III Mayor Jim Ronecker
City of Clearwater Mayor Patricia J. Shontz
Municipal Services Building
100 S. Myrtle Avenue
Clearwater, FL 33756
David P. Healey, AICP
Executive Director
RE: Review of Proposed Amendments to the City of Clearwater's Land
Development Regulations (LDRs) Addressing School Concurrency
(Ordinance 8028-09) for Consistency with the Countywide Rules
Dear Ms. Herman:
We are in receipt of the proposed amendments to the City's LDRs referenced above.
Pursuant to the Countywide Rules, Council staff has reviewed the proposed
amendments for consistency with the Countywide Rules and finds that the proposed
amendments are not governed by the consistency criteria of the Countywide Rules and
therefore are not subject to the consistency provisions.
Thank you for forwarding the proposed LDRs amendments for review. If you have any
questions, please feel free to call me at 464-8250.
Sincerely,
Christopher M. Mettler
Program Planner
cc: Councilmember John Doran, PPC Representative
D E
?I
.-; 2'09 ?
I
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
PLANNING FOR THE PINELLAS COMMUNITY
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PLANNING DEPARTMENT
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CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 5624567 FAx (727) 5624865
April 23, 2009
,am&" do
Mr. David Healey, AICP
Executive Director
Pinellas Planning Council, Suite 850
600 Cleveland Street
Clearwater, F133755
Re: Ordinance No. 8028-09 (ITEM NO.: TA2009-01001); Amendments to the
Community Development Code implementing school concurrency
Dear Mr. Healey:
The Community Development Board held a public hearing and recommended approval of this
ordinance on April 21, 2009. This item is scheduled for public hearing and first reading of the
ordinance by the City Council on May 21, 2009. Second reading of the ordinance by the City
Council is scheduled for Tune 4, 2009.
If you have any questions, please do not hesitate to contact me at (727) 562-4586.
Sincerely yours,
Sandra E. Herman
Planner III
cc: Gina Clayton, Assistant Planning Director
Catherine Porter, Long Range Planning Manager
Gordon Beardslee, Pinellas County Planning Department
Attachment: Ordinance No. 8028-09
0
"EQUAL EMPLOYMENT AND AFFIRMATIVE AcnON EMPLOYER
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
0 0
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 being platted within a two-mile radius of any existing or planned
public school facility, the developer(s) shall be responsible for the construction
of required sidewalk(s) along the corridor contiguous to the property being
developed that directly serves the public school facility. Such sidewalk(s) shall
be constructed according to City specifications.
Section 2. That Article 4, "Development Review and Other Procedures",
Division 9, "Concurrency Management", Section 4-903, "Standards for certificate of
con cu rrency/ca pacity", 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
29.3.3 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. T
**********
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. Purpose and Intent. The purpose of public school facilities concurrence is to
assure that there is available capacity for the number of anticipated students generated by
residential development and/or subdivision plat approvals in each public school
concurrency service area in accordance with the Public School Interlocal Agreement 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
program.
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 concurrence 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 dwelling units.
ii. The school concurrency application information for a residential
development and/or plat of 25 dwelling units or greater will be sent forward
through 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 confirming whether or not there is available capacity for all
types of schools to accommodate the estimated number of students that
would be generated 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 contiguous concurrency service area(s) in
addition to the affected concurrency service area.
ii. If it is determined that, in the aggregate, there is adequate available
capacity in the concurrency service area and the contiguous concurrencv
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 aggregate, there is not adequate available
capacity in the affected concurrency service area and in the contiguous
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 mitigation and
recommend acceptable form(s) of mitigation as provided within this section
to the City and the applicant.
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Ordinance No. 8028-09
0 0
iv. When the School District determines, in the aggregate, that there is not
adequate capacity for residential approval, then the City may only issue a
school concurrency approval after the execution of a legally binding
development mitigation agreement 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 longer in effect.
4. Mitigation. 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 making a proportionate fair-share contribution that will
require a development mitigation agreement.
a. Proportionate fair-share contribution.
The proportionate fair-share contribution shall be calculated using the
following formula for each school level: Multiply the number of additional
new student stations required for mitigation of the estimated demand for
public school facilities created by the proposed school concurrency
application by the average cost per student station using the actual
construction cost being experienced by the School District for student
stations at the time when proportionate share mitigation is accepted plus
the inclusion of land costs, if any.
ii. Acceptable forms of proportionate fair-share contribution include the
following:
Contribution of land;
The construction of a public school facility;
Expansion of an existing public school facility;
Payment for land acquisition for the expansion or construction of a
public school facility;
Participation in a mitigation banking system created and maintained
by the School Board based on the construction of a public school
facility in exchange for the right to sell capacity credits;
Contribution to charter schools serving to expand the capacity of the
School District.
iii. The following standards shall apply to any mitigation required by the
School District:
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Ordinance No. 8028-09
•
•
Proposed mitigation must be directed toward a permanent school
capacity i mprovement identified in the School District's Five-Year
Facilities Work Program that satisfies the estimated demands
created b y a proposed residential develop ment and/or plat approval;
Re-locatable classrooms will not be accep ted as mitigation;
Mitigation shall be proportionate to the demand for public school
facilities estimated to be created b y a proposed residential
development and/or plat approval.
b. Development Mitigation Agreement.
If the applicant has decided to satisfy the public school facilities
concurrency requirements by making a proportionate fair-share
contribution, the applicant shall request to negotiate with the City and the
School District for a development mitigation agreement that shall provide
for the stipulations to mitigate the impacts of a proposed residential
development and/or plat approval on public school facilities.
ii. After a mitigation plan is identified and agreed upon by the applicant, the
City and the School District, the applicant shall prepare a development
mitigation agreement with direction from the School District and the City.
The final agreement, 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 agree on an
acceptable form of mitigation, the conflict resolution provision provided in
Section 14 of the Public Schools Interlocal Agreement may be utilized.
iv. The development mitigation agreement shall include a commitment by the
applicant to continue to renew the development mitigation agreement until
the mitigation plan 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 Interlocal Agreement, if applicable.
v. If the applicant chooses to not continue with the project, the applicant may
submit a letter to the City and the School District to withdraw from the
development mitigation agreement at any time prior to the execution of the
agreement.
vi. Upon execution of a development mitigation agreement, the applicant shall
receive school concurrency approval.
c. Cross Jurisdictional Impacts. If a proposed mitigation proposal involves
another jurisdiction, the Community Development Coordinator will notify the
other local government to allow the other local government the opportunity to
comment on the mitiqation proposal prior to finalizing a development mitigation
agreement.
-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 dwelling 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 meeting 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 program shall be
considered vested and shall not require a school concurrency approval.
7. Credits.
a. After the effective date of the countywide public school concurrency system,
any property with existing dwelling units that are demolished or destroyed shall
receive a credit for the estimated number of students generated from existing
dwelling units Credits may not be transferred to another property. The
applicant will be required to provide proof of such existing uses in a manner
acceptable to the City.
b. The application of credits for public school capacity attributable to the number
of student stations generated by a previous and existing 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 subject 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 original approved
plan/plat on the subject property will no longer be valid and the new application for
residential development and/or plat approval will be subject 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 Agreement.
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 concurrence purposes, means the
areas as established by the School Board within which the level of service will be
measured for school concurrency purposes.
Five-year 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. Living abeard (a beat) FneaRs the use of a
Living aboard (a boat) means the use of a boat whereupon one or more persons
reside whether temporarily or permanently.
Public School Interlocal Agreement means the Interlocal Agreement filed with the
Pinellas County Board Clerk on April 24, 2007 between the Pinellas County School Board,
Pinellas County, and the twelve municipalities including 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 presiding over the schools of Pinellas County
responsible for exercising all of the powers and duties associated with the District schools,
in accordance with Chapter 1001 of the Florida Statutes.
School Capacity and Level of Service Report means when used for school
concurrency purposes the report annually prepared by the School District to calculate the
existing level of service and the available capacity within each Concurrency Service Area.
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Ordinance No. 8028-09
0 0
School concurrence approval means the finding 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 organization, 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
delegated by laws to the school officials of the Pinellas County School District.
School facility, public school facility, or educational facility means something that is
built installed or established such as a building 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
Approved as to form:
Leslie Dougall-Sides, Assistant City Attorney
-9-
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 8028-09
PINELLAS
P P12%044*-W-? PLANNING
C OUN C I L COUNCIL MEMBERS
600. Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Mayor Beverley Billiris, Chairman
Tele hone 727.464.8250 • Fax 727.464.8212 • www. inellas lannin council.or Vice Mayor Jerry Knight, Vice-Chairman
p P P g g Mayor Pat Gerard, Secretary
Commissioner John Morroni, Treasurer
Commissioner Nina Bandoni
April 8, 2009 Councilmember Sandra L. Bradbury
Councilmember John Doran
Mayor Bob Hackworth
Councilmember Jim Kennedy
Sandra E. Herman School Board Member Linda S. Lerner
Planner III Commissioner Stephanie Oddo
Mayor Jim Ronecker
City of Clearwater Mayor Patricia J. Shontz
Municipal Services Building
100 S. Myrtle Avenue
Clearwater, FL 33756
RE: Review of Proposed Amendments
Development Regulations (LDRs)
Concurrency (Ordinance 8028-09)
Rules
Dear Ms. Herman:
David. P. Healey, AICP
Executive Director
to the City of Clearwater's Land
Addressing Public School Facilities
for Consistency with the Countywide
We are in receipt of the proposed amendments to the City's LDRs referenced above.
Pursuant to the Countywide Rules, Council staff has reviewed the proposed
amendments for consistency with the Countywide Rules and finds that the proposed
amendments are not governed by the consistency criteria of the Countywide Rules and
therefore are not subject to the consistency provisions.
Thank you for forwarding the proposed LDRs amendments for review. If you have any
questions, please feel free to call me at 464-8250.
Sincerely,
Christopher M. Mettler
Program Planner
cc: Councilmember John Doran, PPC Repre
2
APR 9 MW
L .?
PLANNING & DEVELOPMENT
SERVICES
CITY OF CL.EARWATER
PLANNING FOR THE PINELLAS COMMUNITY
•
.ff f-hIof
•
V°'?-_ Grw? r
,'`° CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
?jg?s „rQFt?\??g1 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AvENuE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAx (727) 562-4865
PLANNING DEPARTMENT
April 1, 2009
Mr. David Healey, AICP
Executive Director
Pinellas Planning Council, Suite 850
600 Cleveland Street
Clearwater, Fl 33755
Re: Draft Ordinance No. 8028-09 (ITEM NO.: TA2009-01001)
Dear Mr. Healey:
Pursuant to Div.3.2 CONSISTENCY REQUIREMENT of The Countywide Plan Rules, the City
of Clearwater is submitting a set of proposed amendments to implement school concurrency to
the City of Clearwater Community Development Code for your receipt and for consistency
review. These proposed amendments are scheduled for a public hearing by the local planning
agency on April 21, 2009. The City Council first reading date is scheduled for May 21, 2009,
and second reading date is scheduled for June 4, 2009.
Please note that the proposed code amendments are still in review and revision stage by City
staff, as the ordinance as a whole is a draft document. This draft will be finalized for distribution
to the Community Development Board by April 10, 2009. At that time the updated document
will be provided to you.
Sincerely yours,
Sandra E. Herman
Planner III
cc: Gina Clayton, Assistant Planning Director
Catherine Porter, Long Range Planning Manager
Attachment: DRAFT Ordinance 8028-09
"EQUAL EMPLOYMENT AND AFFIRMATIVE AcnON EMPLOYER
9 0
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 <U,NDER
CONSTRUCTIONWITHIN 3 YEARS'AFTER PERMIT ISSUANCE;
BY ADDING SECTION 47905. PUBLIC SCHOOL CONCURR'ENCY
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 THEM DEFINITIONS OF LEVEL OF SERVICE STANDARD
AND LIVING'` ABOARD (A BO(\T); CERTII_F,YING 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 11, Florida Statutes (F.S.), and
WHEREAS, itjis 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
9 0
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 heari"ng; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' CLEARWATER,
FLORIDA:
Section 1. That Article 4, "Development Review and Pther 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. Fortoperty being platted within a two?mile radius of any existing or planned
public school facility.. the developer s) shall be re'sAnsible for the construction
of required sidewalk(s)" along the corridor 'contiguous to the propertV being
developed that directly' serves thepublic school facility. Such sidewalk(s) shall
be constructed 'accordi na to Citv sbecificat ons.
Section 2. That Article 4, `q bevelopment Review and Other Procedures",
Division 9, "Concurrencyi 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 deterrmining 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 Concurrence.
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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
28.3.3 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 arenot otherwise
available to be in place or under construction not more than 3 years after permit
issuance.
Section 3. That Article -,4,'\ "Developri ent Review' and Other Procedures",
Division 9, "Concurrency Management'{, of the-Community: Development Code, be, and
the same is hereby amended by adding Section 44)05. Public School Facilities
Concurrency, to read as follows:
Section 4-905. Public School Facilities Concurrency.
A. Purpose -,and Intent: The DUrpose of public school facilities cor
assure that there is* available capacity for the numberVkanticipated studen
residential development land/or' `subdivisio N plat approvals in each
concurrencv servi6e area din accordance with the P blic School Interlocal
ublic school facilities in Pinellas Count
B. Public Schoo/ Facilities Concui'renci/ Procedures
E ?.
1. Application for school concurrencv review. In concert with an application for a
residential -development and/or plat approval submitted in accordance with Section
4-202, an I ag066tior(efor school concurrencv review shall be submitted. The
applications will?`fe considered complete if it includes all information needed to
review the! application in accordance with the countywide school concurrencv
program.,
r.
2. Review of school concurrencv application. When a school concurrencv application
has been determined as being 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 concurrencv 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
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a. When a completed school concurrence 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 issuea school
concurrency approval for a proposed residential developmen0and/or plat of
less than 25 dwelling units. X i
ii. The school concurrent application information for residential
through 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 confirmirtq, whether =or not there : is atirailable capacity for all
types of schools ,to accommodate) the estimated number of istudents that
would be generated' by the proposed residential development and/or plat.
b. When the.countywide'school concurrency system' indicates there is adequate
available, capacity fort a proposed residential development and/or plat in the
affected' concurrency seance area. the School District will immediately notify
the City to issue a school concurrence approval for the proposed residential
development and/or plat. "
C. Proced res when there'! is not adequate- available capacity for a proposed
residential development and/or plat in the affected concurrency service area
and/or in an adiacent concurrency 'service area:
i. If it, has been determined that there is not adequate available capacity to
accommodate the :estimated number of students that would be generated
by :a proposed residential development and/or plat in the affected
con'currehcy service area, the School District will consider contiguous
concurrency service area(s) in addition to the affected concurrency service
area. If the School District determines that, in the aaareaate. there is adeauate
available capacity in the concurrency service area and the contiguous
concurrency service area(s) to accommodate the estimated number of
students from the proposed residential development and/or plat, then the
School District shall immediately notify the City to issue the school
concurrency approval for the proposed residential development and/or plat.
iii. If it is determined that, in the aggregate, there is not adequate available
capacity in the affected concurrency service area and in the contiguous
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Ordinance No. 8028-09
0 0
concurrency service area(s) to accommodate the estimated number of
students from the proposed residential development and/or plat, then the
School District shall immediately notify the City that an adequate level of
service would not be provided and the proposed residential development
and/or plat shall not be issued a school concurrency approval. The School
District shall identify the required proportionate fair-share mitigation and
recommend acceptable form(s) of mitigation as provided within this section
to the Citv and the applicant.
iv. When the School District determines, in the aaareaate'r'that there is not
adequate capacity for residential approval, then the .City m`ay only issue a
school concurrency approval after the execution of a llegally binding
development mitigation agreement betweenfthe'applicant, the City, and the
School Board.
d. The City will ensure that school concurrency approvalsthave been entered into
the countywide system within 30 days +jf issuance of each approvlal.
e. A school concurrency approval shall,be! valid for 241•rnonths 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 bben issued, the school
concurrency apprdval'shall be valid until 'a Certificate of Occupancy is issued
or the development order and/or permit is no longer in effect.
'N,
4. Annual School Capacity and Level of Serviced Reports. The City shall ensure that
the SchoolDistrict is notified +vhen new dwelliriq units' have received Certificates of
Occupancy: and when school concurrencv approvals fdr residential developments
and/or plats have expired for inclusion in their?ahnual,'School Capacity and Level of
Service Retort.
5. Mitigation. _f it has been' determined that there is inadequate available capacity in a
concurrency service !area (s> affectedibi a proposed residential development and/or
plat, the :applicant may decide to- satisfy the public school facilities concurrency
reauirements by makin6 `a proportionate fair-share contribution that will reauire a
development mitigation agreement.
a. Proportionate fair-share contribution
i. The proportionate fair-share contribution shall be calculated using the
following formula for each school level: Multiply the number of additional
Lew student stations required for mitigation of the estimated demand for
public school facilities created by the proposed school concurrency
application by the average cost per student station using the actual
construction cost being experienced by the School District for student
stations at the time when proportionate share mitigation is accepted plus
the inclusion of land costs, if any.
ii. Acceptable forms of proportionate fair-share contribution include the
following:
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Ordinance No. 8028-09
0 0
Contribution of land;
The construction of a public school facility;
Expansion of an existing public school facility;
Payment for land acquisition for the expansion or construction of a
public school facility;
Participation in a mitigation banking system created and.,rr"aintained
by the School Board based on the construction of a,'pubiic school
facility in exchange for the right to sell capacity credits;
Contribution to charter schools serving to expand the capacity of the
School District.
iii. The following standards shall apply to any mitigation required by the
School District:
n i I
Proposed mitigation must be directed toward a permanent school
caoacity imorovement identified in the ScHool Dist'rict's Five-Year
created by a proposed resid(
Re-locatable classrooms will
Mitigation shall be proporti
facilities r estimated to be
development and/or plat ap
rF- 1 i
b. Development Mitigation Agreement)
i. If the applicant , has, decided
con'currency requirements by
to the demand
a
contribution, the applicant sha
School District for: a develop
for Ethe stipulations to mitiq
developmenCandlor plat appro
ii. Aftelr a mitigation plan is ideni
CitVai and the School District.
'created Eby a proposed residential
oval.
,f
satisfv the public school facilities
making,)-a proportionate fair-share
iuestto neaotiate with the Citv and the
h
The final agree rent, after approval by the City and the School Board, will
becorne a part of the final residential development and/or plat approval.
iii. If the applicant, the City, and the School Board are unable to agree on an
acceptable form of mitigation, the conflict resolution provision provided in
Section 14 of the Public Schools Interlocal Aareement may be utilized.
iv. The development mitigation aareement shall include a commitment by the
applicant to continue to renew the development mitigation agreement until
the mitigation plan 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 Interlocal Agreement, if applicable.
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Ordinance No. 8028-09
0 0
v. If the applicant chooses to not continue with the project, the applicant may
submit a letter to the City and the School District to withdraw from the
development mitigation agreement at any time prior to the execution of the
agreement.
vi. Upon execution of a development mitigation agreement, the applicant shall
receive school concurrence approval.
C.
6.
7. Credits.
a. After the effective date of the c
any property with existing dwelli
receive a credit for the estimate
dwellino°/units. Credits may r
applicant will be required to
acceptable to the City,'
b. The application of credits for
of student stations generated
may be used towards a new
3
i
ountywide public school concurrencv system,
lg units that are demolished orldestroved shall
d number°of students generated from existing
of be.,trransferred to another property. The
vide proof Of such existing uses in a manner
bhi school capacity attributable to the number
d
the place or the capacity; wnicn wouia pe requlrea for the new residential
development and/orii`plat approval, in perpetuity from the effective date of the
countywide public school concurrencv system.
8. A modification to a residential development and/or plat approval that does not
increase th'e 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 subject to school
concurrency,"review for the additional density. The validity period for a school
concurre'ricy approval issued for modifications to a residential development and/or
plat shall be identical to the validity time frame associated with the school
concurrencv approval issued for the initial development plan. Modifications in
demand on available capacity will be reflected in the countywide public school
concurrencv 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 concurrencv approval issued for the original approved
plan/plat on the subject property will no longer be valid, and the new application for
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Ordinance No. 8028-09
other local government to allow the other local government the opportunity to
comment on the mitigation proposal prior to finalizing a-de?elopment mitigation
agreement.
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 Agreement.
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:
Section 8-102. Definitions.
For the purposes of this Development Code,
meanings specified herein:
the following wordsand't erms have the
Concurrency service area(s), when used for school concurrency purposes, mean
areas as established b the School Board within which; the -level of service wi
measured for school concurrency purposes.
Five-year Facilities--Work Proaraai.. whenVused 'for school concurrency Durm
means the document,created by the School District derived from its Educational Five-Year
Plant Survey to"as'sist 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 Co in the compreherisi`ve plan'
beat ?Nlh re-persons reside,,"iho+heF temnnr^+ri!y nr permanently
Livina aboard':(a hoat) means the use of a boat whereupon one or more persons
reside, whether temporarily or permanently.
Public School Interlocal Agreement means the Interlocal Agreement filed with the
Pinellas County Board Clerk on April 24, 2007 between the Pinellas County School Board,
Pinellas County, and the twelve municipalities, including 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.
-8-
Ordinance No. 8028-09
School Board means the elected body presiding over the schools of Pinellas County
responsible for exercising all of the powers and duties associated with the District schools,
in accordance with Chapter 1001 of the Florida Statutes.
School Capacity and Level of Service Report means, when used for school
concurrence purposes, the report annually prepared by the School District to calculate the
existing level of service and the available capacity within each Concurrency Ser4ce Area.
School concurrence approval means the finding 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, organization, 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` fhe state, are
delegated by laws to the school officials of the Pinellas County School District.
School facility, public school facility, or educational facility deans sciniething that is
built. installed or established, such as a building. 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. -4
Section 6. i The City of'Clearwater does Fere-by certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with he City's Comprehensive Plan.
, Severabiiity. If any section, provision, clause, phrase, or application
Section 7.
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 a6d ctSection 8. Notice of the proposed enactment of this Ordinance has been
properly advertised .in a newspaper of general circulation in accordance with applicable
law.
r-
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
-9-
Ordinance No. 8028-09
s
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
` t
k
i ,
t
J.
r !
- 10 -
•
Frank V. Hibbard
Mayor
Attest:
r
Cynthia,&- Goucieau
City Clerk
i
i
Ordinance No. 8028-09
• • Page 1 of 1
Herman, Sandra
From: Herman, Sandra
Sent: Monday, March 30, 2009 3:53 PM
To: Hollander, Gwen
Cc: Clayton, Gina; Porter, Catherine; Watkins, Sherry; Tefft, Robert
Subject: RE: Ord for TA2009-01001
Gwen, Attached here please find the proposed ordinance. If you have any questions or need anything else for this one, please
call me at x4586. Thanks. Sandy
-----Original Message-----
From: Hollander, Gwen
Sent: Monday, March 30, 2009 10:10 AM
To: Sprague, Nicole
Cc: Herman, Sandra
Subject: RE: Ord for TA2009-01001
Good morning,
I do not have the ordinance, yet. Please check with Sandy Herman. The ordinance number is 8028-09.
Sandy, will you please email me the final version of the ordinance? Thank you.
-----Original Message-----
From: Sprague, Nicole
Sent: Monday, March 30, 2009 9:55 AM
To: Hollander, Gwen
Subject: Ord for TA2009-01001
Hi Gwen,
Would you mind forwarding me the ordinance for the above referenced text amendment case?
Thanks for your help!
Nicole Sprague
City of Clearwater
City Clerk Specialist
(727) 562-4097
3/31/2009
•
ORDINANCE NO. 8028-09
•
0? ?
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 propertv beina platted within a two-mile radius of anv existina or planned
public school facility, the developer(s) shall be responsible for the construction
of required sidewalk(s) along the corridor contiguous to the property being
developed that directly serves the public school facility. Such sidewalk(s) shall
be constructed according 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.
**********
-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
28.3.3 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. Purpose and Intent. The purpose of public school facilities concurrency is to
assure that there is available capacity for the number of anticipated students generated by
residential development and/or subdivision plat approvals in each public school
concurrence service area in accordance with the Public School Interlocal Agreement for
public school facilities in Pinellas County.
B. Public School Facilities Concurrency Procedures.
1. Application for school concurrence 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
program.
2. Review of school concurrency application. When a school concurrency application
has been determined as being 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.
-3-
Ordinance No. 8028-09
0 •
a. When a completed school concurrence application is filed, the City will input
the applicable school concurrence information from the application into the
countywide school concurrence system in order to request a determination on
adequacy of available capacity within the affected concurrence 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 dwelling units.
ii. The school concurrency application information for a residential
development and/or plat of 25 dwelling units or greater will be sent forward
through the system to the School District for review.
Within 25 days of receipt from the City of the school concurrence application
information for a residential development and/or plat, the School District
shall review the application and render a public school concurrence
determination confirming whether or not there is available capacity for all
types of schools to accommodate the estimated number of students that
would be generated 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 concurrence service area, the School District will immediately notify
the City to issue a school concurrence approval for the proposed residential
development and/or plat.
c. Procedures when there is not adequate available capacity for a proposed
residential development and/or plat in the affected concurrence service area
and/or in an adjacent concurrency service area:
i_ If it has been determined that there is not adequate available capacity to
accommodate the estimated number of students that would be generated
by a proposed residential development and/or plat in the affected
concurrency service area, the School District will consider contiguous
concurrency service area(s) in addition to the affected concurrency service
area.
ii. If the School District determines that, in the aggregate, there is adequate
available capacity in the concurrency service area and the contiguous
concurrency service area(s) to accommodate the estimated number of
students from the proposed residential development and/or plat, then the
School District shall immediately notify the City to issue the school
concurrency approval for the proposed residential development and/or plat.
iii. If it is determined that, in the aggregate, there is not adequate available
capacity in the affected concurrency service area and in the contiguous
-4-
Ordinance No. 8028-09
0 0
concurrence service area(s) to accommodate the estimated number of
students from the proposed residential development and/or plat, then the
School District shall immediately notify the City that an adequate level of
service would not be provided and the proposed residential development
and/or plat shall not be issued a school concurrence approval. The School
District shall identify the required proportionate fair-share mitigation and
recommend acceptable form(s) of mitigation as provided within this section
to the City and the applicant.
iv. When the School District determines, in the aggregate, that there is not
adequate capacity for residential approval, then the City may only issue a
school concurrence approval after the execution of a legally binding
development mitigation agreement between the applicant, the City, and the
School Board.
d. The City will ensure that school concurrence 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
concurrence approval shall be valid until a Certificate of Occupancy is issued
or the development order and/or permit is no longer in effect.
4. Annual School Capacity and Level of Service Reports. The City shall ensure that
the School District is notified when new dwelling units have received Certificates of
Occupancy and when school concurrence approvals for residential developments
and/or plats have expired for inclusion in their annual School Capacity and Level of
Service Report.
5. Mitigation. If it has been determined that there is inadequate available capacity in a
concurrence service area(s) affected by a proposed residential development and/or
plat, the applicant may decide to satisfy the public school facilities concurrence
requirements by making a proportionate fair-share contribution that will require a
development mitigation agreement.
a. Proportionate fair-share contribution.
The proportionate fair-share contribution shall be calculated using the
following formula for each school level: Multiply the number of additional
new student stations required for mitigation of the estimated demand for
public school facilities created by the proposed school concurrence
application by the average cost per student station using the actual
construction cost beinq experienced by the School District for student
stations at the time when proportionate share mitigation is accepted plus
the inclusion of land costs, if any.
ii. Acceptable forms of proportionate fair-share contribution include the
following:
-5-
Ordinance No. 8028-09
0 0
Contribution of land;
The construction of a public school facility:
Expansion of an existing public school facility:
Payment for land acquisition for the expansion or construction of a
public school facility:
Participation in a mitigation banking system created and maintained
by the School Board based on the construction of a public school
facility in exchange for the right to sell capacity credits:
Contribution to charter schools serving to expand the capacity of the
School District.
iii. The following standards shall apply to any mitigation required by the
School District:
Proposed mitigation must be directed toward a permanent school
capacity improvement identified in the School District's Five-Year
Facilities Work Program that satisfies the estimated demands
created by a proposed residential development and/or plat approval:
Re-locatable classrooms will not be accepted as mitigation;
Mitigation 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 Mitigation Agreement.
If the applicant has decided to satisfv the Dublic school facilities
concurrence requirements by makinq a proportionate fair-share
contribution, the applicant shall request to negotiate with the City and the
School District for a development mitigation agreement that shall provide
for the stipulations to mitigate the impacts of a proposed residential
development and/or plat approval on public school facilities.
After a mitiqation plan is identified and agreed upon by the applicant. the
City and the School District, the applicant shall prepare a development
mitigation agreement with direction from the School District and the City.
The final agreement, 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 agree on an
acceptable form of mitigation, the conflict resolution provision provided in
Section 14 of the Public Schools Interlocal Agreement may be utilized.
iv. The development mitigation aqreement shall include a commitment by the
applicant to continue to renew the development mitigation agreement until
the mitigation plan 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 Interlocal Agreement, if applicable.
-6-
Ordinance No. 8028-09
v. If the applicant chooses to not continue with the project, the applicant may
submit a letter to the City and the School District to withdraw from the
development mitigation agreement at any time prior to the execution of the
agreement.
vi. Upon execution of a development mitigation agreement, the applicant shall
receive school concurrence approval.
c. Cross Jurisdictional Impacts. If a proposed mitigation proposal involves
another jurisdiction, the Community Development Coordinator will notify the
other local government to allow the other local government the opportunity to
comment on the mitigation proposal prior to finalizing a development mitigation
agreement.
6. For the purposes of meeting 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 concurrence program shall be
considered vested and shall not require a school concurrence approval.
7. Credits.
a. After the effective date of the countywide public school concurrency system,
any property with existing dwelling units that are demolished or destroyed shall
receive a credit for the estimated number of students generated from existing
dwelling units. Credits may not be transferred to another property. The
applicant will be required to provide proof of such existing uses in a manner
acceptable to the City.
b. The _application of credits for public school capacity attributable to the number
of student stations generated by a previous and existing 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 concurrence approval. Modifications to residential development and/or plat
approvals that increase the residential density shall be subject to school
concurrence review for the additional density. The validity period for a school
concurrence approval issued for modifications to a residential development and/or
plat shall be identical to the validity time frame associated with the school
concurrence 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 concurrence approval issued for the original approved
plan/plat on the subject property will no longer be valid, and the new application for
-7-
Ordinance No. 8028-09
•
residential development and/or plat approval will be subject to the school
concurrence review procedures in this section.
9. School concurrence decisions made by the School District may be appealed in
accordance with section 14 of the Public Schools Interlocal Agreement.
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:
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have the
meanings specified herein:
**********
Concurrence 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-year Facilities Work Program, when used for school concurrence 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.
Public School Interlocal Agreement means the Interlocal Agreement filed with the
Pinellas County Board Clerk on April 24, 2007 between the Pinellas County School Board,
Pinellas County, and the twelve municipalities, including 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.
-8-
Ordinance No. 8028-09
School Board means the elected body presiding over the schools of Pinellas County
responsible for exercising all of the powers and duties associated with the District schools,
in accordance with Chapter 1001 of the Florida Statutes.
School Capacity and Level of Service Report means, when used for school
concurrency purposes, the report annually prepared by the School District to calculate the
existing level of service and the available capacity within each Concurrence Service Area.
School concurrency approval means the finding 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, organization, 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
delegated by laws to the school officials of the Pinellas County School District.
School facility, public school facility, or educational facility means something that is
built, installed or established, such as a building, 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
-9-
Ordinance No. 8028-09
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
-10-
Ordinance No. 8028-09
FW: GM08-1420-023 : RE: I have rev0the PSFE LDRs Draft • Page 1 of 4
t
Herman, Sandra
From: Dougall-Sides, Leslie
Sent: Monday, March 23, 2009 4:23 PM
To: Herman, Sandra
Subject: A04-01420: RE: GM08-1420-023: RE: 'I have revised the PSFE LDRs Draft
IblNumAttach: 0
MailNickName: Leslie.Dougall-Sides
MessageGUID: {4DEE3CF5-150D-4C5E-8539-7A847D9BC224)
MsgHeaderlD: <E09D87Dl6527C343A5CB3E89105126AB02EO0877@msb-eml-2.clearwater-fl.com>
OriginalDate: None
Originator: SQL
Style: Comprehensive Plan Amendment Public School Facilities Element DCA
Per the Interlocal we do not need to add any more specific provisions.
-----Original Message-----
From: Herman, Sandra
Sent: Wednesday, March 18, 2009 2:18 PM
To: Dougall-Sides, Leslie
Subject: FW: GM08-1420-023 : RE: I have revised the PSFE LDRs Draft
Leslie,
Hi.
Did you have a chance to look at the interlocal for your question #3 below?
will be out of office tomorrow and Friday, back on Monday March 23.
Talk to you next week (we still on for lunch on March 27th?).
Sandy
-----Original Message-----
From: Herman, Sandra
Sent: Wednesday, March 11, 2009 9:52 AM
To: Dougall-Sides, Leslie
Subject: RE: GM08-1420-023 : RE: I have revised the PSFE LDRs Draft
Leslie,
Hi.
I have made the changes as per #1, 4, and 5. Lydia Moreda is working with us on the tracking system and she says
yes to #2 - we are right now in the testing stages (Lydia attends the work group meetings with me).
Attached is the Interlocal for your direction on appeals (your question #3). If the County School District makes the
decision on available capacity based on their program for a proposed development and the developer wants to
appeal, would the City have any say in this appeal? We thought not, so that is why we didn't write it in for an appeal
to come to the City. However, if this is a legal step we should include, please advise.
Sandy
<<1906_IA Public Schools Interlocal Signed and Dated by all.pdf>>
-----Original Message-----
3/25/2009
FW: GM08-1420-023: RE: I have revo the PSFE LDRs Draft Page 2 of 4
1 From: Dougall-Sides, Leslie
Sent: Tuesday, March 10, 2009 4:03 PM
To: Herman, Sandra
Subject: GM08-1420-023 : RE: I have revised the PSFE LDRs Draft
Comments:
1. p. 5, sec. 4-905B.3.c.iii.: in 5th line, "would" should be "shall".
2. Will we have an effective system in place to notify the County when new D.U.s have received CO's and
when a school concurrency approval has expied?
3. What is the appeal language provided for in S. 14 of the Interlocal? Do we want to add more specific
Clearwater provisions?
4. On p. 5, sec. 8-102, "existing LOS" definition, line 2: put first parenthesis to line 3 following = sign.
5. Defn of "school concurrency approval": should it include finding issued by City or acceptance by City of
School Board's finding?
Leslie
-----Original Message-----
From: Herman, Sandra
Sent: Friday, March 06, 2009 10:53 AM
To: Dougall-Sides, Leslie
Subject: FW: I have revised the PSFE LDRs Draft
Leslie,
Hi. How are you?
Attached is the draft of ordinance 8028-09 for the LDR's to implement school concurrency. I
respectfully request your review of this draft - I hope this gives you enough time. I will be completing
the "agenda" for the ad to be prepared on March 23. We are scheduled to take this ordinance to CDB
on 4/21, CC1 on 5/21 and CC2 on 6/04. See Gina's email below saying that she is still reviewing it for
substantive comments.
I have also attached a copy of the County's ordinance and "model" LDR's for school concurrency.
Thank you.
Sandy
<< File: Ordinance No 8028-09 2009 05-21 CC1 Rev03-02-09.doc >> << File: PINCO Ord 08-44
PSFE LDRs.PDF >> << File: PINCO ModelRegs PSFE.pdf >>
-----Original Message-----
From: Clayton, Gina
Sent: Friday, March 06, 2009 9:55 AM
To: Herman, Sandra
Cc: Porter, Catherine
Subject: RE: I have revised the PSFE LDRs Draft
I have not had the time to review and probably won't be able to finish by today. You can send to Leslie
but I may still have substantive comments. Please let her know this is a draft.
3/25/2009
FW: GM08-1420-023 : RE: I have rev0 the PSFE LDRs Draft . Page 3 of 4
-----Original Message-----
From: Herman, Sandra
Sent: Thursday, March 05, 2009 10:36 AM
To: Clayton, Gina
Subject: RE: I have revised the PSFE LDRs Draft
Gina,
Have you had a chance to look at the revised DRAFT?
May I go ahead now and send this DRAFT to Leslie for her review?
While I have already done the initial "create the agenda" for this item (April 21 CDB), I need to
get the ordinance title approved by Leslie and then to Sherry for the ad by March 23. So I would
like to give Leslie enough time to review it, and I will let her know that you are still reviewing the
body of the ordinance for any additional changes you would like for me to make to it.
Thanks.
Sandy
-----Original Message-----
From: Clayton, Gina
Sent: Wednesday, March 04, 2009 9:29 AM
To: Herman, Sandra
Subject: RE: I have revised the PSFE LDRs Draft
we have time!
-----Original Message-----
From: Herman, Sandra
Sent: Wednesday, March 04, 2009 9:20 AM
To: Clayton, Gina
Subject: RE: I have revised the PSFE LDRs Draft
I was hoping you would say that.
-----Original Message-----
From: Clayton, Gina
Sent: Wednesday, March 04, 2009 8:40 AM
To: Herman, Sandra
Subject: RE: I have revised the PSFE LDRs Draft
I would like some time to review I think before going over it....
-----Original Message-----
From: Herman, Sandra
Sent: Tuesday, March 03, 2009 5:27 PM
To: Clayton, Gina
Subject: I have revised the PSFE LDRs Draft
Gina,
I am finishing the revisions to the DRAFT for ordinance 8028-09
(LDRs for PSFE). I consulted with PINCO today on several points
and compared the DRAFT again to other already adopted LDR's.
Also, some of the processes that were better clarified or updated at
our Workgroup meeting last week are included.
3/25/2009
FW: GM08-1420-023 : RE: I have rev0 the PSFE LDRs Draft . Page 4 of 4
1 think you are going to be very happy with this version.
I want to read it over once more in the morning tomorrow and then
would you have about 1/2 hour to go over it with me?
See you tomorrow.
Sandy
Sandra E. Herman
Planner III
Planning bepartment
City of Clearwater, Florida
100 South Myrtle Avenue
Clearwater, FL 33756-5520
PO Box 4748, 33758-4748
Telephone: (727) 562-4586
Fax: (727) 562-4865
sandra.herman@myclearwater.com
3/25/2009
Herman, Sandra
From: Dougall-Sides, Leslie
Sent: Tuesday, March 10, 2009 4:03 PM
To: Herman, Sandra
Subject: GM08-1420-023: RE: I have revised the PSFE LDRs Draft
IblNumAttach: 0
MessageGUID: {4DEE3CF5-150D-4C5E-8539-7A847D9BC224}
OriginalDate: None
Originator: SQL
Style: Comprehensive Plan Amendment Public School Facilities Element DCA
b omments:
(\-)pv,It, 1. p. 5, sec. 4-905B.3.c.iii.: in 5th line, "would" should be "shall".
2. Will we have an effective system in place to notify the County when new D.U.s have received CO's and when a school
concurrency approval has expied?
3. What is the appeal language provided for in S. 14 of the Interlocal? Do we want to add more specific Clearwater
provisions?
?>-J - 4. On p. 5, sec. 8-102,"existing LOS" definition, line 2: put first parenthesis to line 3 following = sign.
5. Defn of "school concurrency approval": should it include finding issued by City or acceptance by City of School Board's
0"'-finding?
Leslie
-----Original Message-----
From: Herman, Sandra
Sent: Friday, March 06, 2009 10:53 AM
To: Dougall-Sides, Leslie
Subject: FW: I have revised the PSFE LDRs Draft
Leslie,
Hi. How are you?
Attached is the draft of ordinance 8028-09 for the LDR's to implement school concurrency. I respectfully request your
review of this draft - I hope this gives you enough time. I will be completing the "agenda" for the ad to be prepared on
March 23. We are scheduled to take this ordinance to CDB on 4/21, CC1 on 5/21 and CC2 on 6/04. See Gina's email
below saying that she is still reviewing it for substantive comments.
have also attached a copy of the County's ordinance and "model" LDR's for school concurrency.
Thank you.
Sandy
<< File: Ordinance No 8028-09 2009 05-21 CC1 Rev03-02-09.doc >> << File: PINCO Ord 08-44 PSFE LDRs.PDF
>> << File: PINCO ModelRegs PSFE.pdf >>
-----Original Message-----
From: Clayton, Gina
Sent: Friday, March 06, 2009 9:55 AM
To: Herman, Sandra
Cc: Porter, Catherine
Subject: RE: I have revised the PSFE LDRs Draft
I have not had the time to review and probably won't be able to finish by today. You can send to Leslie but I may still
have substantive comments. Please let her know this is a draft.
-----Original Message-----
From: Herman, Sandra
Sent: Thursday, March 05, 2009 10:36 AM
To: Clayton, Gina
Subject: RE: I have revised the PSFE LDRs Draft
Gina,
Have you had a chance to look at the revised DRAFT?
May I go ahead now and send this DRAFT to Leslie for her review?
While I have already done the initial "create the agenda" for this item (April 21 CDB), I need to get the ordinance
title approved by Leslie and then to Sherry for the ad by March 23. So I would like to give Leslie enough time to
review it, and I will let her know that you are still reviewing the body of the ordinance for any additional changes
you would like for me to make to it.
Thanks.
Sandy
-----Original Message-----
From: Clayton, Gina
Sent: Wednesday, March 04, 2009 9:29 AM
To: Herman, Sandra
Subject: RE: I have revised the PSFE LDRs Draft
we have time!
-----Original Message-----
From: Herman, Sandra
Sent: Wednesday, March 04, 2009 9:20 AM
To: Clayton, Gina
Subject: RE: I have revised the PSFE LDRs Draft
I was hoping you would say that.
-----Original Message-----
From: Clayton, Gina
Sent: Wednesday, March 04, 2009 8:40 AM
To: Herman, Sandra
Subject: RE: I have revised the PSFE LDRs Draft
I would like some time to review I think before going over it....
-----Original Message-----
From: Herman, Sandra
Sent: Tuesday, March 03, 2009 5:27 PM
To: Clayton, Gina
Subject: I have revised the PSFE LDRs Draft
Gina,
I am finishing the revisions to the DRAFT for ordinance 8028-09 (LDRs for PSFE). I consulted
with PINCO today on several points and compared the DRAFT again to other already adopted
LDR's. Also, some of the processes that were better clarified or updated at our Workgroup
meeting last week are included.
I think you are going to be very happy with this version.
I want to read it over once more in the morning tomorrow and then would you have about 1/2 hour
to go over it with me?
See you tomorrow.
Sandy
Sandra E. Herman
Planner III
Planning Department
City of Clearwater, Florida
100 South Myrtle Avenue
Clearwater, FL 33756-5520
PO Box 4748, 33758-4748
Telephone: (727) 562-4586
Fax: (727) 562-4865
sandra.herman@myclearwater.com
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into between Pinellas County, Florida (hereinafter referred
to as "County"), the Cities of Clearwater, Dunedin, Gulfport, Largo, Madeira Beach, Oldsmar, Pinellas
Park, Safety Harbor, Seminole, St. Petersburg, St. Pete Beach, and Tarpon Springs, Florida,
(hereinafter referred to as "Cites"), and the School Board of Pinellas County, Florida, (hereinafter
referred to as "School Board") (hereinafter individually, a "Party", or collectively, the "Parties").
WITNESSETH:
WHEREAS, the Legislature enacted Section 163.31777, Florida Statutes (2002), requiring that each
county and the non-exempt municipalities within that county enter into an interlocal agreement with
the district school board to establish jointly the specific ways in which the plans and processes of the
district school board and local govemments are to be coordinated; and
WHEREAS, Section 163.31777 (1) (d), Florida Statutes (2002), provided that interlocal agreements
between local governments and school boards adopted pursuant to Section 163.3177 before the
effective date of Section 163.31777, Florida Statutes (2002), must be updated and executed pursuant
to the requirements of Section 163.31777, if necessary; and
WHEREAS, the School Board, the County, and the Cities entered into an agreement dated April 22,
2003 to fulfill these statutory requirements (the "1906 Agreement) ; and
WHEREAS, Section 163.31777, amended in 2005, requires that the 1906 Agreement also address
the requirements in Section 163.3180(13)(8) regarding school concurrency; and
WHEREAS, this agreement revises the 1906 Agreement to address the requirements of Section
163.318003)(g) (hereinafter the "Agreement'; and
WHEREAS, the Agreement acknowledges the School Board's constitutional and statutory obligations
to.provide a uniform system of free public schools on a countywide basis, and the land use authority
of local governments, including their authority to approve or deny comprehensive plan amendments
and development orders; and
WHEREAS, one purpose of this Agreement is to establish a uniform public school facilities element
and land development regulations in each Local Government to assist the Parties in assuring that
sufficient capacity is available for new and existing students in school facilities.
NOW THEREFORE, it is mutually agreed between the School Board, the County, and the Cities that
the definitions and procedures hereinafter set forth will be utilized and followed in coordinating land
use and public school facilities planning, and in coordinating a school concurrency system as required
by Sections 163.31777 and 163.3180(13), Florida Statutes (2005),
1. Definitions. The following terms used in this Agreement are defined as follows:
Additional Capacity - see Section 13.b.ii. of this Agreement.
Available Capacity - see Section 13.b.ii. of this Agreement.
13
Bradley Settlement Agreement - means the 1) Amended Order granting Unitary Status in the
areas of facilities and resources, transportation, and administrative staff assignment, entered
August 30, 1999; 2) Stipulation for Unitary Status in the areas of extracurricular activities,
faculty assignment, student assignment, relative quality of education and mandatory injunction,
filed December 22, 1999; 3) Amended Stipulation for Unitary Status in the areas of
extracurricular activities, faculty assignment, student assignment, relative quality of education
and mandatory injunction, filed June 29, 2000; and 4) Amended Final Order withdrawing
Federal supervision and granting Unitary Status to the public schools of Pinellas County,
Florida, entered August 16, 2000.
Concurrency Service Area - means the areas of the County within which the level of service
will be measured for school concurrency purposes. The boundaries of these areas shall be
adopted by the School Board. The initial Concurrency Service Areas will be represented by the
Choice Attendance Areas, which are areas of the County designated by the School Board for
purpose of student assignment.
Educational Plant Survey or the Five-Year Plant Survey- means the systematic study of
educational and ancillary plants of the School Board conducted at least every five years to
evaluate existing facilities and plan for future facilities to meet proposed program needs. (see
Section 1013.35, F.S.)
Existing Level of Service or LOS - see Section 11 of this Agreement.
Five-Year Facilities Work Program or the Five-Year Work Program - means the document
created by the School District to assist it as it plans, proposes, and prioritizes its current and
five-year capital outlay needs. (see Section 1013.35, F.S.)
,?.r1 School Houses) the ' ?w-4- - --k'aAnn c\/e4em I10CLA F\V
FISH (Florida inventory o J f"1VtJ?CaIJ - means 7 UtG iivcuwtr nunw?uny vwav... .......+ ?
the Florida Department of Education for parcels, buildings, and rooms in public educational
facilities.
FISH School Capacity - means the number of students that may be housed in a facility at any
given time based on State Requirements of Educational Facilities 1999 (SREF).
Level of Service Standard or LOS Standard - see Section 11 of this Agreement.
Local Government or Local Governments means the County and all the Cities.
Public School Facilities Element (PSFE) - means the element required to be adopted in local
government comprehensive plans by Section 163.3177(12), F.S., for those communities that
are required to implement a school concurrency program.
Remodeling - As defined in the Florida Building Code, Chapter 4, Section 423.5., means the
changing of existing facilities by rearrangement of space and/or change of use.
Renovations - As defined in the Florida Building Code, Chapter 4, Section 423.5., means the
rejuvenating or upgrading of existing facilities by installation or replacement of materials and
equipment. The use and occupancy of the spaces remain the same.
Vested Students - see Section 13.b.ii. of this Agreement.
•
References to a Party, Parties. Local Government or named parties shall be interpreted to be a
reference to that Party's governing board or its staff administering this Agreement, whichever
the context requires.
2. Student Enrollment and Population Projections. In fulfillment of their respective planning
duties, the Parties agree to coordinate and base their plans upon consistent projections of the
amount, type, and distribution of population growth and student enrollment. The Metropolitan
Planning Organization's Technical Coordinating Committee (TCC) staff will annually utilize
established procedures to develop population growth projections for each Traffic Analysis Zone (TAZ)
in the County, which will be provided to the Parties. The School District will use this data along with
student enrollment, birth rates, Florida Department of Education projections, and other relevant data
to project student enrollment. The preliminary student enrollment projections, and how they are
developed, will be provided to the TCC and all Local Governments for review and comments at least
thirty days prior to the establishment of final enrollment projections. Final enrollment projections will
be provided to all Local Governments within ten days of being established. See Section 163.31777
(2)(a).
3. Coordinating and Sharing of Information.
(a) The School Board will notify all Local Governments of all proposed school facility changes, such
as new construction, remodeling, renovations, closures or change in type of school, as set forth
herein. The School Board will notify each Local Government of the initiation of the Five-Year- Plant
Survey and of the initiation of the annual update of the Five-Year Facilities Work Program and
request comments and recommendations for consideration in the development of the survey and
work program at least thirty days prior to submittal to the School Board for approval. Each Local
Government may provide comments and recommendations to assist in developing the final
?___u a/__ [??Loo1 Elowr,d for 1 Cr. h Local r'/D Pnnn+ will K"
recommendations to be submitted to the S?;iw?l vvalu I%i approval. &_ 11 ?„e,r:?,.,.....
provided with a copy of the recommendations concerning the survey and work program at the time
they are provided to the School Board. Each Local Government will be notified of the date and time
of the meeting at which the School Board will take action to approve the survey and work program.
The School Board will adopt the annual updatelto the Five-Year Work Program no later than October
1 of each year, and copies of the approved Five-Year Plant Survey and the Five-Year Work Program
will be provided to each Local Government within ten days of approval. See Section 163.31777 (2)
(f). Upon adoption by the School Board of the annual update to the Five-Year Work Program, each
Local Government with a Public School Facilities Element (PSFE) shall consider amendments to their
Capital Improvements Element to incorporate the updated Five-Year Work Program by December 1
of each year. The Five-Year Work Program may be incorporated by reference. See Section
163.3177(3)(b)1.
(b) Each Local Government will inform the School District in advance of the final approval of land use
plan amendments or rezonings that change residential densities, and major infrastructure projects
that may impact public schools with sufficient time for School District review and comment. Such
notification, where appropriate, and if known, should include the proposed site plan that indicates the
location, size, the number and types of units (number of bedrooms), price range of the units, any
deed restrictions that may impact student population, the build-out timeframe, and other information
as may be appropriate. Comments provided by the School District will identify how the School District
will meet the anticipated public school demand associated with proposed approval or changes based
on the Five-Year Facilities Work Program. See Section 163.31777 (2)(b).
4. School Site Selection, Significant Renovations, and Potential School Closures.
Participation by each affected Local Government with the School Board in the process of evaluating
potential school closures, significant renovations to existing schools, and school site selection before
land acquisition shall be in accordance with the existing Interlocal Agreements for Public Educational
Facilities Siting that were entered into between the School Board, the County, and the Cities in 1986 .
In addition to the criteria included in these interiocal agreements, the School Board shall consider
school site locations that encourage public schools in proximity to urban residential areas, and
opportunities to collocate public schools with other public facilities such as parks, libraries, and
community centers. The Patties shall amend these agreements as necessary to address proposed
school closures and significant renovations to existing schools. See Section 163.31777 (2)(c).
6. Supporting Infrastructure. In addition to the notification required in Section 3 (a) above, the
School District will notify each Local Government of the need for on-site or off-site improvements to
support new, proposed expansion, or redevelopment of existing schools within the jurisdiction of that
Local Government. Thereafter, representatives of the School District and the affected Local
Government will meet and determine the responsibility for making such improvements and identify
other agencies that should be involved. The parties will then meet with the other agencies to
coordinate the completion of the on-site and off-site improvements. See Sections 163.31777 (2) (d)
and 1013.36(4).
6. School Capacity. The School District will annually notify each Local Government of the FISH
School Capacities of the schools within its jurisdiction. The annual notification will indicate how many
spaces are allocated to permanent capacity and how many are allocated to relocatable classrooms.
See Section 163.31777 (2)(e).
7. Collocation and Shared Use of Facilities. The collocation and shared use of facilities are
important to the Parties. The Parties will look for opportunities to collocate or share the use of each
Parties' facilities. Opportunities for collocation and shared use will be considered for libraries, parks,
recreational facilities, community centers, auditoriums, learning centers, museums, performing arts
centers, stadiums, healthcare and social services, schools, and other uses and facilities as may be
determined appropriate. An agreement will be developed for each instance of collocation and shared
use to address legal liability, operating and maintenance costs, scheduling of use, and facility
supervision or any other issues that may arise from collocation or shared use. See Section 163.31777
(2)(9)•
8. Pinellas Schools Collaborative. The Parties hereby create the Pinellas Schools
Collaborative (the 'Collaborative'). The Collaborative shall consist of two elected representatives from
the School Board and one elected representative from each of the other Parties. Each member shall
be appointed by their respective governing body on or before January 1, 2007 and shall serve for a
term of two years. Any vacancy in the membership of the Collaborative shall be filled for the
unexpired term in the same manner as the initial appointment. An alternate elected representative
may be designated by each respective governing body who may act as a member of the
Collaborative when the appointed member is absent. Each Party will notify the other Parties and the
Pinellas County Planning Department of their appointee(s) to the Collaborative. The Collaborative
shall have the powers specifically assigned to it pursuant to this Agreement and may establish bylaws
for its operation which are not inconsistent with this Agreement.
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9. Coordinating the Development and Adoption of each Local Government's Public School
Facilities Element (PSFE):
The PSFE for Local Governments in the County must be adopted by March 1, 2008. Development
and adoption of the PSFE will occur using the following procedure and timetable:
a, September or October 2006 - The Collaborative shall initiate development of the PSFE at a
rnsetang of the Collaborative. This Agreement shall serve as the hasis for development of
the PSFE.
b. September or October 2006 to April 2007 - The School Planning Work Group (the "Work
Group"} consisting of staff from the Parties, and the Pinellas Planning Council, shall
coordinate in drafting a proposed PSFE for consideration by the Collaborative. One of the
subjects that will be addressed in the PSFE is the safety of students on their way to and
from public schools. At key junctures during this 7 to 8 month period, the Work Group will
update the Collaborative of their progress and receive direction from the Collaborative in
completing the draft PSFE.
c. April 2007 -The Work Group will present a completed draft of the PSFE to the
Collaborative for comment and direction.
d. April/May 2007 - Local Governments and the School Board may review the draft PSFE and
provide comments to the Collaborative and Work Group.
e. June 2007 - Based on comments received, the Work Group will present a final proposed
PSFE to the Collaborative for approval and distribution to the Local Governments and the
School Board.
f. July/August 2007 -Local Planning Agencies will conduct public hearings on the proposed
PSFE and present their recommendations to the local, governing bodies.
g. September 2007 - Local Governments will conduct public hearings on the proposed PSFE
and transmit the proposed PSFE to the Florida Department of Community Affairs for review
and comment.
h. January/February 2008 - Local governing bodies will consider adopting the proposed
PSFE as part of their local comprehensive plans and submit to the Florida Department of
Community Affairs.
10. Amendment of the adopted PSFE shall occur using the following procedure to ensure that
the PSFE within the Local Government comprehensive plans remains coordinated and
consistent with one another and with the plans of the School Board:
a. Should a Local Government desire to amend their PSFE, or should the School Board
desire to have Local Governments consider a proposed amendment to their PSFE, th 7
shall notify their intent in writing to the Collaborative and to all the Parties by January 3T .
The notice shall specify the proposed amendments to the PSFE and all data and analysis
supporting the proposed amendments.
b. The proposed amendment to the PSFE shall be reviewed by the Collaborative during the
annual oversight process described in Section 15. The Collaborative will request a review
and recommendation from the Work Group prior to making a determination. The
Collaborative shall also solicit comments from the Parties. The proposed amendment shall
be provided to the Parties at least sixty days prior to the Collaborative's determination. If a
Party has concerns with the proposed amendment, the Party should provide reasons for its
concerns, and specify conditions or modifications that may result in the Party
recommending approval of the proposed amendment.
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c. After receiving a recommendation from the Work Group and comments from the Parties,
the Collaborative shall render a determination on whether the adopted PSFE should be
amended as proposed, amended as proposed with modifications, or not amended.
d. If the Collaborative determines that the proposed amendment, or a modified version of the
proposed amendment, is appropriate and should be incorporated into the local government
comprehensive plans, the Collaborative shall notify each Party and the Local Governments
shall initiate the Plan amendment process to consider amending their Plans .
e. If the Collaborative determines that the proposed amendment is not appropriate and should
not be incorporated into the Local Government comprehensive plans, the Collaborative
shall notify each Party of its decision, and the Local Governments shall consider this
recommendation if they initiate a Plan amendment process to consider amending their
Plan.
f. If a Party disagrees with the decision of the Collaborative, they may utilize the conflict
resolution provision provided in Section 14 of this Agreement. if each Party agrees that a
proposed amendment is appropriate through the dispute resolution process, the Local
Govemments shall initiate the Plan amendment process to consider amending their Plans.
g. The above procedure shall also be utilized when considering amendments to the adopted
Level of Service (LOS) Standard to ensure it remains uniform throughout the district and
that the school concurrency system continues to be financially feasible. Decisions on
whether to amend the LOS Standard shall at a minimum take into consideration the Five-
Year Work Program and the proposed amendment's impact on the financial feasibility of
the PSFE and the concurrency management system.
11. Adopted Level of Service Standard.
a. The School Board hereby adopts a district-wide Level of Service Standard which shall be that
student Enrollment plus the Vested Students divided by FISH School Capacity plus the Additional
Capacity should not exceed 100%.
b. The Existing Level of Service shall be calculated for each Concurrency Service Area. The Existing
Level of Service for each Concurrency Service Area shall be equal to the total number of student
Enrollment and the Vested Students within the' Concurrency Service Area divided by the combined
FISH School Capacity and the Additional Capacity within the same Concurrency Service Area.
c. The procedures and standards in this Agreement are established to ensure that the Level of
Service Standard is achieved and maintained throughout the five years covered by the Five-Year
Work Program, as amended annually by adding the new fifth year. _
12. Boundary and Program Adjustments.
The School Board shall maximize utilization of student capacity through program and/or boundary
adjustments and shall annually institute necessary program and/or boundary adjustments or provide
additional capacity to ensure that each Concurrency Service Area will, in the aggregate, operate at
the adopted LOS Standard throughout the five-year period covered by the Five-Year Work Program,
as amended. Boundary adjustments to the Concurrency Service Areas shall be based on
consideration of the following factors:
a. Transportation costs
b. Provisions of the Bradley Settlement Agreement
c. Projected growth and demographic changes
• •
d. Municipal boundaries
e. Other relevant factors
Should the School Board propose to modify a Concurrency Service Area, or to redefine the
Concurrency Service Area as a different type of area, it shall do so by public rulemaking in
accordance with Section 120.54, Florida Statutes. The School Board shall submit any such
modification to alternative dispute resolution if it is properly invoked by the plaintiffs in accordance
with the terms of the Bradley Settlement Agreement, a copy of which is available upon request b?
calling the School Board Attorney.
13. Uniform, Districtwide Procedure for implementing School Concurrency. The purpose of
School Concurrency is to assure that there is available capacity for the anticipated students in each
Concurrency Service Area where residential units are created at the time those students need to go
to school:
a. Applicability:
i. School concurrency applies only to residential site plans or final residential subdivision
approvals (the "Residential Approval(s)") which are anticipated to generate demands for
public school facilities, and which are approved after the PSFE and land development
regulations implementing the PSFE are in effect in all Local Governments (the 'Effective
Datel.
ii. School concurrency shall be measured and applied on the basis of Concurrency
Service Areas as established by the School Board and as described in the PSFE:
b. School Capacity and Level of Service Report:
i. Each ypar, the School District shall prepare a School Capacity and Level of Service
Report (the "Report") to calculate the Existing. Level of Service and the Available
Capacity within each Concurrency Service Area.
H. Available Capacity shall be calculated. based on the. following formula:
Available Capacity = [FISH School Capacity + Additional Capacity] - [Enrollment +
Vested Students]
"Enrollment" means the official student enrollment count of the fall semester.
"Vested Students" means the estimated number of students that would be generated
from the Residential Approvals after the Effective Date less the number of Vested
Students represented by the dwelling units of the Residential Approvals that (1)
received certificates of occupancy since the Effective Date when preparing the first
Report or since the preparation date of the previous Report when preparing the second
and subsequent Reports and are located in a residential development that received
School Concurrency Approval, or (2) had their School Concurrency Approval expire.
"Additional Capacity" means school facilities that will be in place or under actual
construction within three years based on the Five-Year Work Program.
iii. The Local Governments shall notify the County when new dwelling units have received
certificates of occupancy and when the School Concurrency Approval for a Residential
Approval has expired. The County shall provide this information to the School District
for inclusion in the annual Report.
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iv. The Report shall be approved by the School Board and delivered to all Local
Governments no later than November 30th of each year. Each Local Government shall
provide the School District with the name, title, and address of the person within the
Local Government to whom the Report should be sent. The School District shall begin
using the approved Report no later than December 1, of the year it is approved. The
County will track the number of dwelling units that receive School Concurrency Approval
from all Local Governments after the date of the approved Report, and will adjust the
Available Capacity accordingly throughout the year based on the Enrollment and the
estimated number of Vested Students. The most current adjusted information 'or
Available Capacity will be made available to Local Governments and the School District.
c. When the development review process for a Residential Approval is initiated, the Local
Government shall consider the most current adjusted information on Available Capacity
provided by the County. If this information reveals that there is Available Capacity within
each of the Concurrency Service Areas where the proposed Residential Approval would be
located, then the Local Government shall proceed under Section 13.d. below. If the
information reveals that there is not Available Capacity within a Concurrency Service Area
where the proposed Residential Approval would be located, then the Local Government
shall proceed under Section 13.e. below.
d. Development Review Process when there is Available Capacity:
i. A Local Government is authorized to issue a School Concurrency Approval for a
residential site plan or final subdivision approval of less than 25 dwelling units without
submitting a School Concurrency Application (the 'Application) to the School District.
ii. An Application for a Residential Approval of 25 dwelling units or greater shall be
submitted by the Local Government to the School District and the County on a form
provided by the School District.
iii. Within 25 days of receipt from the Local Government of a completed Application, the
School District will review the Application and shall render a School Concurrency
Determination stating whether there is Available Capacity for all types of schools to
accommodate the estimated number of students that would be generated by the
proposed Residential Approval and maintain the adopted Level of Service Standard.
The School District may request assistance from the County in reviewing Applications.
iv. If the School District determines that there is Available Capacity within the Concurrency
Service Areas where the proposed Residential Approval would be located, then an
adequate Level of Service would be provided within the Concurrency Service Areas
and the Residential Approval shall be issued a School Concurrency Approval by the
Local Government.
v. If the School District determines that there is not Available Capacity within an affected
Concurrency Service Area and the adopted Level of Service Standard would be
exceeded, then the School District shall consider whether there is Available Capacity in
the contiguous Concurrency Service Area(s).
1. if the School District determines that, in the aggregate, there is Available Capacity in
the Concurrency Service Area and in the contiguous Concurrency Service Area(s) to
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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 Local Government.
2. If the School District determines that, in the aggregate, there is not Available
Capacity in the 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 not be
provided for that type of school and the Residential Approval shall not be issued a
School Concurrency Approval by the Local Government. '
3. If the School District determines that, in the aggregate there is not Available
Capacity, then within 25 days after receiving the completed Application from a Local
Government, the School District shall identify the required proportionate share
mitigation and recommend acceptable form(s) of mitigation in writing to the Local
Government and the applicant.
4. The applicant and the School Board shall attempt to negotiate a development
mitigation agreement which shall provide for the required mitigation to mitigate the
impacts of the proposed development on public school facilities. The Local
Government shall be a party to this agreement. If the applicant and the School
Board are unable to agree on an acceptable form of mitigation, the Local
Government may utilize the conflict resolution provision provided in Section 14 of
this Agreement to attempt to resolve the impasse.
5. When the School District determines that there is not Adequate Capacity for a
Residential Approval, then the Local Government may only issue a School
Concurrency Approval after the execution of a legally binding development
mitigation agreement between the applicant, the Local Government, and the School
Board.
e. Development Review Process wheh at least one Concurrency Service Area has no
Available Capacity:
i. An Application shall be submitted by the Local Government to the School District and
the County for all Residential Approvals, regardless of size, that are located within the
Concurrency Service Area that has no Available Capacity. The Application shall be
submitted on a form provided by the School District. _
ii. The development review process shall then follow the procedures in Section 13. d. v
above.
f. The Local Government shall provide documentation of all School Concurrency Approvals to
the County within thirty days of issuance.
g. Continued Validity of a School Concurrency Approval:
A School Concurrency Approval shall be valid for purposes of the issuance of development
orders or permits for up to 24 months from the date of issuance by the Local Government.
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 or permit is
no longer in effect.
b. Mitigation:
i. Acceptable forms of mitigation may include, without limitation, the following:
a. contribution of land;
b. the construction of a public school facility;
w expansion of an existing ,puNic school facHitj;
d. payment for land acquisition or the expansion or construction of a public school
facility;
e. the creation of mitigation banking based on the construction of a public school
facility in exchange for the right to sell capacity credits.
ii. The following standards shall apply to any mitigation required by the School District:
a. Proposed mitigation must be directed toward a permanent school capacity
improvement identified in the Five-Year Work Program that satisfies the
estimated demands created by the proposed Residential Approval.
b. Relocatable classrooms will not be accepted as mitigation.
c. Mitigation shall be proportionate to the demand for public school facilities
estimated to be created by the proposed Residential Approval.
iii. The Proportionate Share Mitigation amount shall be calculated using the following
formula for each school level:
Multiply the number of additional new student stations required for mitigation of the
estimated demand for public school facilities created by the proposed Residential
Approval by the average cost per student station using the actual construction cost
Ueiny` expel ien eu by iiic v:.i'looi v stnCt for vt'..'d°.nt 0tMt'ong of t -- time when
proportionate share mitigation is accepted plus the inclusion of land costs, if any.
i. Vesting. For the purposes of meeting the Level of Service Standard, Residential Approvals,
development orders, and permits approved for any property prior to the Effective Date shall
be vested and shall not require a School Concurrency Approval.
j. Credit. After the Effective Date, any property with existing dwelling units that are demolished
or destroyed shall receive a credit for the estimated number of students generated from
existing dwelling units. Credits may not be transferred to another property but may be used
on abutting property if part of the same Residential Approval. -
14. Conflict Resolution. If any Parties to this Agreement fail to resolve any conflicts related to
issues covered in this Agreement, such dispute may be resolved in accordance with the
governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. See
Section 163.31777 {2}(h).
15. Oversight Process and Public Participation. The Collaborative and a staff representative
from each of the Parties will meet to consider the implementation of this Agreement and school
concurrency, and propose amendments for improvement if deemed necessary. The County planning
director or his or her designee, will schedule, coordinate, and facilitate an annual meeting of the
Collaborative to be held in May and any additional meetings that the Collaborative may hold during
the year. The Parties shall coordinate in preparing a staff report on the effectiveness of school
concurrency that will be presented at the annual meeting of the Collaborative. If a Party does not
to
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agree to some or part of a staff report, the Party may submit additional information to the
Collaborative. The annual School Capacity and Level of Service Report required in Section 13 shall
form the basis. for the staff report. The public will be provided an opportunity to provide input at all
Collaborative meetings. Each Local Goverment will be provided with a copy of any proposed
amendments to the Agreement. If all Parties agree to a proposed amendment to the Agreement, a
written amendment to this Agreement shall be executed
16. School Board Participation in Local Planning Agency. Each Local Goverment will include
a School Board staff representative as a member of the Local Planning. Agency as a nonvoting
member. Each Local Goverment will notify the School Board staff representative of the time, place,
and agenda of all meetings of the Local Planning Agency. The School Board staff representative
may participate in deliberations regarding comprehensive plan amendments and rezonings at which
the Local Planning Agency considers such amendments and rezonings that would, if approved,
increase residential density on the property that is the subject of the application.
17. Term of Agreement This Agreement shall become effective upon the execution thereof by all
Parties and shall remain in full force and effect for five years from that date. This Agreement shall be
automatically renewed for successive five year periods unless any Party notifies the other Parties, at
least six months in advance, of its intent not to renew the Party's participation, in which case the
Agreement shall terminate as to that Party only. At any time any Party is not statutorily required to be
a Party to this Agreement, that Party may terminate their participation in the Agreement by providing
sixty days notice thereof to all Parties. After termination, the terminating Party shall no longer be
subject to any terms or conditions of the Agreement, but shall continue to be required to comply with
all applicable laws.
18. Reservation of Right Each Party hereto reserves any and all rights and remedies (at law and
equity) not expressly waived by this Aareement; including but not limited to the right to challenge any
determination or decision of the Collaborative, School Board, State or the Local Governments.
19. As required by section 163.01 (11), Florida Statutes, this Agreement shall be fried with the Clerk
of the Circuit Court of Pinellas County, Florida, after the execution by the Parties, and shall become
effective upon the date of filing.
20. Upon filing of this Agreement with the Clerk of the Circuit Court of Pinellas County, Florida, the
1906 Agreement entered into between the County, the Cities, and the School Board on Aprii-22, 2003
is terminated.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates Indicated.
11
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- ti
o.? c v ?'''•trt:? .
PINELLAS COUNTY, FLORIDA by and
through its Board of County Commissioners
10 14AA4
• 14 4
By:
enneth T. Welch, C airman
Approved as to form:
/
BY'•
David Sadowsk
' ounty Attomf
circuit Court and
missto
u
tiESH P. BURKE. ? l Co nu w Com
erk Ex-ptttcifl, and tore9 ars " +rrf
that the abo re it apPe
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do hereby c8 of the 0 Board dot county •` n ! ? rrr,
Bo
1 ' itr+ •.•.?,>,? '?.
? and correct tiles COPY of the W
nH , ;da C`
in the otticla Flonda
, '
*as Commissioners ct of said CAUnV r-this
mY hand and sea A.O. 20 ri x ?yJ •' ••. •= `?
A ?y? ,\ Cou rb. >
of P:BURKE,Clerkofthu Commt;:si .?
aggg"
nty
Clerk of the Board of Co f o ?n _
Pinepas County, Florida /-
Clef L •
•
.
VAC
12
Attest:
KENNETH. BURKE, CLERK
0 0
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
nk V. Hibbard William B. Home 11
Mayor City Manager
Approved as to form:
Z4,- aw'dj?-
Leslie K. Dougall-S`
Assistant City Attomey
Attest:
G-
Cyn is E. Goudeau
City lerk
I, KENNETH P. BURKE, Clerk of the Circuit Court and
Clark Ex-Officio, Board of County Commissioners,
do hereby certify that the above and foregoing is a
true and correct copy of the otinal as it appears
in the official files of the Board of County
Commissioners of Pinellas County, Florida. witness ,
my hand and seal of said County FL this Z44th day
of Aip,„ .} k A.D. 20
KENNETH P. BURKE, Clerk of the Circiit Court Ex . ' '
Clerk of the Board of County Commissioners.
Pinellas County, Ffod
da.
Byw yt%> ,
Deputy Clerk -. '?, • _ ;
i
12
ATTEST:
_-? oh /* !a A 4 .?
City Clerk
El
CITY OF DUNEDIN, FLORIDA
A Municipal Corporation
By:
Mayor
By:
er
I, KENNETH P. BURKE, Clerk of the Circuit Court and
Clark Ex-Officio, Board of County Commissioners,
do hereby certify that the above and foregotnp Is n
true and correct copy of the ort' Inal as it appears
In the official files of the Board of County
Commissioners of Pinellas County, Florida. Witness
my hand and seal of said County FL this Z tom? day
of /? t't' + A.D. 20 0' T
KENN H BURKE, Clark of the CiraJit Court Ex-0fficio - '
Clerk of the Hoard of County Commissioners,
Pinellas County, Florida.
By IL,(X /11
Deputy Clerk
V )
CITY OF GULFPORT, FLORIDA
w_ .? --
YO
DATE SIGNED
APPROVED AS TO FOCI: ATTEST
i
dZ-,Ae:Ze .7,y)- Aown (e
ATTORNEY CITYCMW
I, KENNETH P. BURKEBo
o a, Clrderk of of theCountyCU CircuHmmCourtonata,
Clark E:x•ONip,
ISWand
do hereby ceriNy that e above and forepa is a `
true and correct copyth of the original as t In tho fa of the BBoard of nty.' ?:; •.
Commissioners of Pinellas County, Florlda. Wltnesa
my hand and seal of said County FL this ?' clay o .
Of KENNETH RKE, Clerk of A.D. 20 (Y )
CImAB Court Ex '
Clerk of the Board of County ty
Commissioners;
Pinetlas County, Florida.
Deputy Clerk ? ^ ? -\ \
••' `, 12
(9) 0
18. Upon filing of this Interlocal Agreement with the Cleric of the Circuit Court of Pinellas
County, Florida, the Interlocal Agreement entered into between the County, The Cities.
and the School Board on April 22, 2003 is terminated.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates
indicated.
FOR THE CITY OF LARGO:
ATTESTED:
BY:
;17 ?-w At -- ?, r
Diane Brute •.C' smirk s Norton Craig, g City Manager
.'°(oa tOP
APPROVED NS TOYORM:
Alan Zim`Ingt, piity Attorney
I, KENNETH P. BURKE, Clerk of the C'vcuit Court and
Clerk Ex•Officio, Board of County Commisslonars, '
do hereby certify that the above and foregoing Is a ( .
inal as If appears
true and correct copy of the Ong
in the official files of thoard of County:
Commissioners of Pinellas County, Florida. Witness
my hand and seal of said County Fl. this ?d f?, day
?.
A.D. 20 C 1
of A e II
KENNETH P. BURKE. Clerk of the Cirviit Court ES
Clerk of the Board of County Commissioners.?r
Pinellas County, Florida. {, :. .
peputyCler% _ n
•
CITY OF MADEIRA
Attest
41?ty 4ae
Approved as to Form:
rf
A,j
City Attomey
I, KENNETH P. BURKE, Clerk of the Circuit Court and
Clerk Ex offeLV Board of County Commissioners.
do hereby certify that the above and{ ? tt tears
true and correct copy of the origir?a
in the official iHes of the Board of County y i
6:tL day
o +:'
20 c< c .
may harneseal of said County FL the
. •
?. AD
of 11c? f,
KEN?Ef H P. BURKE, Clerk of the GkOl Cow!
Clerk of the Board of Gounty COmmisslonbrs;
pk*Uas County. Florida.
L'Oputy
2006 /ntarlocal Agrwment with SCIRW Board of P11Whw Count) , Abrrdi .
ragarding School CoMumoncy
Attest:
?)) a
City Clerk
Approve&ap to Form:
Citf Attomey
I, KENNETH P. BURKE, Clerk of the Circuit Court and
is a
do hereby aC'ff er 4 thatrtheeabove end mm"oners'
true and correct copy of the olnel as h appears
in the official files of the oard of County
Commissioners of Pinetlss County, Florida. Witness
my hand and seai of said County Fl this 1. 1 Lday
of A ; A.D. 20 S
I NN dH P. B RKE Cleric d the Ckd?t Court EX•Cf dO
Clerk of the Board of County Commissioners.;'
PfneAas County, Flordda. ?: --
Dgputy Clerk -
?.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates indicated.
CITY OF PiNELLAS PARK
Mayor, William F. ischler
ATTEST:
CIerIC Di a M. Corna, MMC
to Form:
Attorney, James W- Denhardt
1, KENNETH P. BURKE, Clerk of the Circuit Court and
Clerk Ex-Officio, Board of County Com
i
m
ssioners,
do hereby certify that the above and for
true and correct copy of the orf
l
'
??a
...
g
na
] as
In the official files of the Board of County
rs
Commmioners of Pinellas County Florid
Wi
s ,
C
a
tness
o ha and seal of said County R this 24:? day.
A.D. 20
9
NNETR P. BURKE,
Clerk of the Cira,it Court Ex•MU6
Clerk of the Board of County Commissloners
P
inellas County, Florida.
p
? •
?9/..`l Citbrtl i 1
/ • t
?.• 12
CITY:
City of Safety r, Fl
By:
Andy Id, Mayor
BY C
Billy Beckett, City Manager
Attest:
Cathy n, City Clerk
Approved
Alan S. 4 fn, Crty Attorney
i, KENNETH P. BURKE, Clerk of the Cucuit Court and
Clerk Ex-Officio, Board of County Commissioners,
do hereby certify that the above and foregoing is a
true and correct copy of the original as it appears
In the official files of the Board of County
Commissioners of PlneMs County, Florida. Witness
my hand and seal of said County FL this l:tLi!_day.
of rQj?rs A.D.20 ;-
KENNETH P. BUR E, Clerk of the C" A Court Ex-Offido
Clerk of the Board of County Commissioners;
Pinellas County. Florida.
Deputy Qwk /
•
•
THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
M ry . T. Brawn, Chairperson
Witness as to Board:
Approved as to Form:
Ja es A. Robinson
School Board Attorney
V-A
O&AWA.Worf
Playton M. V\Mcox, Ed.D., Secretary
Date signed: ??>ti1t77
I, KENNETH P. BURKE, Clerk of the Circuit Court and
Clark EX•officlo, Board of County Commissioners,
do hereby certify that the above and foregoing is a
true and correct copy of the original as it appears
in the official files of the Board of County. ;
Commissioners of PineAas County, Florida. Witnes5• _
my hand and seal of said County FL this .2&fi, day ?_ -
of A.D. 20 >r l _
r
KENNETH P. BURKE, Clerk of the Cirv,ft Court Ez Olftcio _ • t c
Clerk of the Board of County Commissioners,
Pinellas County Florida
De"Clerk • •••'
2t9t)ti Intedocal Agreernem with School Board of Pinellas County, Florida
regarding School Concurrency
0
FOR THE CITY OF SEMINOLE:
ATTEST:
Gy DeM , City C rk
APPR WED AS TO FORM:
n Eli City Attorney
ED
BY:
Frank P. Edmunds, City Manager
1. KEAINE7}l p BUR
'kE do ?Y c jO' Baa Cd ofkCoune Cvcuit co'"
e't+fY tht the above h Toners
true and correct oopYa of t
,.:
e901ng is a"
COMMIW octal files of he origl and
the 8oardas 0 appears -
mY hand ark rsofPinellas County ar °f County: <.. ,
of seai of said County FL thu a' Wi0lesg: -
P?ya
k Of S tU Oard o C?o IrciitCou-rt'Ex
8 ? . Florida Y Commission
.t
12
CITY OF ST. PETE BEACH
WIC
Mayor
City Manager
Attest:
-J?V'j 0, "TDPDI*-?
ity Clerk
Appro 4mey ity Att I, KE
NNETH P. 6URKE, ft of the Circuit Court and
Geri Fat-Officio. Board of Cotmty Comm'issbAers, • .
do hereby certify that the above and tom o ng is a
true and correct copy of the original as it appears
in the official files of the Board of County: ?•?"
Commissioners of Pinellas County, Florida. witness-
my hand and seal of said County FL this ILAAday. i
of A.D. 20 -
I?HNETft P. BUAKt,Clerk of the Circmuh Court- f _
Clark of the Board of County Commissioner
PlneUas County, Florida.
Deputy Clerk
i, KENNETH P. BURKE, Clark of the Circuit Court and
Clerk Ex-Officio, Board of County Commissioners,
do hereby certify that the,above and foregoing Is a
true and correct copy of 'the ors inal as h appears
in the official tlles of the Board of County
Commissioners of Pinellas County, Florida. Witness
my hand and seat of said County FL this day
of A.D. 20
KENNETH P. AKE. Clerk of the Cirwit Court Ex-OWo
Clerk of the Board of County Commissioners,
Pinellas County. Florida
2M lnhriocal ABYeamant wilt School Board of PlnGfim County, Plorlda
m9wding Sb*MPOonaunwiry
(9)
0
CITY OF ST. PETERSBURG
ATTEST:
Clerk of the City Council
gy, F=fDanMMAYOR
Approved as to fo d substance:
(---Z X-1, ---
City Attorney
the t Gaut snd ... . ' ,
lerk fa,
1, KENNETH P. BURKE, C of
Clerk Ex•Ctfldo, aotrd of Coup ?CltGUi ? 1s?9 a
do hereby cxrUtj that the above nal as R appears.
true and correct coPY of the ongi i
in the ottiaat tiles or tIe BoFtorida. Cy?itrteSS: ' .
Commissioners of PmeKas ?, _
my hand and seal of said County FL this -, _
of r A D. 20 {0 < t ?,
Clerk Clerk of d* Cux ??it Court Ex OmG1o v, .
KfNNEfH P. URKEd ofCou
of the Boarnty COMM'"toners'
Pine9as County. Florida -
De" Clerk i
12
s r
CITY OF TARPON SPRINGS
Beverley Billiris, May Commissioner gc?
Ellen S. Posivach, City Manager
Attest:
y J.o
RPO
acobs, (5m- c
City Clerk & Coilec#cf
'. T i Am?mved as to _Fnrm-
John Hubbard, City Attorney
1 KENNETH P. BURKE, Clerk of the Circuit Court and
Nork FacAtflcio, Board of County and toregoing Is a
that the the or?final as it apps
do hereby 09f*
true and COMW copy Board of county
In the ottlelafficial files ol the ?
a. NJitna
alansrsoj Wald County FL this _
my hand
my heJid and yea A.1). 20
01 f .
of the &C?3? Court r
4XIcio Clerk of the Board of County Commissioners. "
pktellae County Florida.
By •» papvy Ctak ?.
S?
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 TOE
SECTION 4-708, RECORDING OF THE FINAL PLAT, PROVIDING
FOR SIDEWALKS REQUIRED WITHIN TWO MILES OF ANY ,.
PUBLIC SCHOOL FACILITY TO BE CONSTRUCTED AS IA
PORTION OF A DEVELOPMENT CONSTRU&ION; ? ; B '` f
AMENDING SECTION 4-903, SUBSECTION A., BY ADDING-NEW
NUMBER 7 FOR PUBLIC SCHOOL FACILITIES; BY AMENDING I
SECTION 4-903, SUBSECTION B., UPDATING THE REFERENCE
FROM PREVIOUS COMPREHENSIVE PLAN POLICYLNIJMBER
28.3.3 TO CURRENT POLICX NUMBER 1.1.33, AND AMENDING
SUBSECTION C.2, PROVIDING FOR CONSTRUCTION' OF
PUBLIC FACILITIES', TO BE IN PLACE f OR,'' UNDER
CONSTRUCTION WITHIN 3 YEARS AFTER PERMIT ISSUANCE;
BY ADDING SECTION 4-905. PUBLIC SCHOOL CONCURRENCY
PROGRAM, PROVIDING FOR A PURPOSE ANDS INTENT AND ?PROCEDURES-, BY AMENDING SECTION 8-102 DEFINITIONS"
PROVIDING FOR PUBLIC SCHOOL CONCURRENCY
DEFINITIONS; AMENDING SECTION 8-102, "DEFINITIONS", BY
ADDING DEFINITIONS FOR SCHOOL.CONCURRENCY TERMS
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.
I
i
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
-1-
Ordinance No. 8028-09
0 0
county and Pinellas County, adopt land development regulations to implement school
concurrency; and
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 CIT `OF CLEARVVATER'
FLORIDA: I
Section 1. That Article 4, "Development Review and Other Procedures
Division 7, "Subdivisions/Plats", of the Community Development Code, Abe, and the same
is hereby amended by adding subsection 4to Section 4-708. A., as follows: e
.fir f
Section 4-708. Recording of the final plat.
A. Prior to the?recording of.a final ,plat", the applicaht-?ghall 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 G-ode and the approved ,final'plat:
k
F
E
4. For property being platted within a
public school facility, the developer(
required sidewalk(s) falorig the corridor contiguous to the property being
developed that directlV selves the public school facility. Such sidewalk(s) shall be
itv,
**********
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:
**********
-2-
Ordinance No. 8028-09
• 0
7. Public School Facilities: Section 4-905 Standards for Public School Concurrence.
**********
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 r,
28-3.3 of the comprehensive plan.
**********
C. If the capacity of available public facilities is less than the capacity,roquired to
maintain the level of service standard for the impact of the developmenpt-, `he applicant
may:
i
2. Accept a 90-day encumbrance of public facilities that are available and, within the
same 90=day period, arrange to provide for public facilitiesithat are not otherwise
available, to be in place or under construction not more than 3 years' after permii
issuance. i
2 wSection 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'!
w ?
Section 4-905. Ptiblic;School Facilities Concurrency .
A. Purpose and Intent'. The purpose of public school facilities concurrence is to
B. Public School Facilities Concurrency Procedures.
1. ADDlication for school concurrencv review. In concert with an apDlication for a
residential development and/or plat approval submitted in accordance with Section
4-202, an application for school concurrencv review shall be submitted. The
application will be considered complete if it includes all information needed to
review the application in accordance with the countvwide school concurrencv
program.
2. Review of school concurrencv application. When a school concurrency application
has been determined as being complete, it shall be reviewed in accordance with
the procedures for this application provided for in this section, as they may apply.
-3-
Ordinance No. 8028-09
0 0
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.
a. When a completed school concurrence application is filed, the City will access
the countywide school concurrence program and input the applicable school'
concurrence information from the application into the system fof' a
determination on adequacy of available capacity within a concurrenO'service
to meet the adopted Level of Service standard.
i_ The City will be authorized by the system to immediately issue a
concurrenc approval fora proposed residential dev olo rnent and/or
less than 25 dwelling units.
ii. The school concurrence application information for a' res
development and/or plat of-25 dwelling units or'areater will be'-sent 1
iii. Within 25 day-_s,. of reelei pt from"', the City of the school c ncurrenc a lic' Lion
information" for a residential development and/or, plat, the School Di trict
shallfrfeview the application and render", a public school concurrence
determination confirming whether or not thereis available capacity for all
types of schools to accommodate the estimated number of students that
would b6ce6eratedlby?the pro?osetl residentialdeVelopment and/or plat
and maintain the adopted LevelofService standard.
?i
b. When the countywide school concurrence- system indicates there is adequate
available capacity for a proposed residential development and/or plat in the
affected concurrency service area then the School District will immediately
notifv the CitvF to issde a school concurrencv approval for the proposed
c. Procedures when there is not adeauate available capacity for a proposed
residential development and/or plat in the affected concurrencv service area
and/or in'an adjacent concurrencv service area:
L If it has been determined that there is not adequate available capacity to
accommodate the estimated number of students that would be generated
by a proposed residential development and/or plat in the affected
concurrencv service area, the School District will consider contiguous
concurrencv service area(s) in addition to the affected concurrencv service
area.
ii. If the School District determines that, in the aggregate, there is adequate
available capacity in the concurrencv service area and the contiguous
concurrency service area(s) to accommodate the estimated number of
-4-
Ordinance No. 8028-09
•
•
students from the proposed residential development and/or plat, then the
School District shall immediately notify the City to issue the school
concurrency approval for the proposed residential development and/or plat.
iii. If it is determined that, in the aggregate, there is not adequate available
capacity in the affected concurrence service area and in the contiguous
concurrency service area(s) to accommodate the estimated number of r
students from the proposed residential development and/or plat, then the '
School District shall immediatelv notifv the Citv that an adequate level of
and/or plat shall not be issued a school concurrence approvaL'The School..-'
District shall identify the required proportionate fair-shaK mitigation and
recommend acceptable form(s) of mitiaation as provided within this-s)6tior
to the City and the applicant.
iv. When the Scl
adequate cap.
school concur
development r
School Board.
d. The City will ensu
e. Continued validity of
approval shall-be valid
purposes of the issL
development order or
approval shall be vali
development order and
4. Annual School ? Capacity a
approval after the e
ion agreement between
ell
3u gays of issuanc
ool concurrencv :ac
is no io
I
te,' t
ution l of a le(
applicant, the
gals have beer
)f each approv
)Val. A school
of. issuance b
County when new,dwelling Units have received Certificates of Occupancy and when
school concurrency approvals for residential developments and/or plats have
expired. The County shall provide this information to the School District for inclusion
in their annual School Capacity and Level of Service Report.
5. Mitigation. if'it has been determined that there is inadequate 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 concurrencv
requirements by making a proportionate fair-share contribution that will require a
development mitigation agreement.
a. Proportionate fair-share contribution.
i. The proportionate fair-share contribution shall be calculated using the
following formula for each school level: Multiply the number of additional
new student stations required for mitigation of the estimated demand for
public school facilities created by the proposed school concurrency
-5-
Ordinance No. 8028-09
Contribution of land:
The construction of a public school facility:
Expansion of an existing public school facility:
Payment for land acquisition for the expansi
0
application by the average cost per student station using the actual
construction cost being experienced by the School District for student
stations at the time when proportionate share mitigation is accepted plus
the inclusion of land costs, if any.
ii. Acceptable forms of proportionate fair-share contribution include the
following:
public school facility:
LEI Participation in a mitigation
on
b.
iii The following
School District:
I a
GCE
RE
(C)' Mi
fat
de
•
or?-`constr'uction of a
{
dards. sCl\apply tko any 'mitigation required by th
ation must be directed towarJ1 'a a permanent scho(
ovement identifie in the School District's Five=Ye,
rk Program that satisfies the estimated demand
igation shall be proportionate` tc
ilities estimated', to be ;create
ielopment and/or plat approval.
After a mitiaation plan is identified and aareed upon by the applicant, the
City and the School District, the applicant must prepare a development
mitigation agreement with direction from the School District and the City.
The final agreement, after approval by the City and the School Board, will
become a part of the final residential development and/or plat approval at
the City.
iii. If the applicant, the City, and the School Board are unable to agree on an
acceptable form of mitigation, the conflict resolution provision provided in
section 14 of the Public Schools Interlocal Agreement may be utilized.
-6-
Ordinance No. 8028-09
C.
6.
iv. The development mitigation agreement shall include a commitment by the
applicant to continue to renew the development mitigation agreement until
the mitigation plan 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 Interlocal Agreement, if applicable.
v. If the applicant chooses to not continue with the project, the applicant may
submit a letter to the City and the School District to withdraw froWthe
development mitigation agreement at any time prior to the executn' of the ?
aqreement.
vi. Upon execution of a development mitigation agreement, the app libarit lshal
receive school concurrency approval.
Cross Jurisdictional Impacts. If a propo!g'ed miti ation proposal involve
another 'urisdiction the Community Development Coo>dinato(will noti ' th
other local government to allow for the other local, overnment the o ort"unit
to comment on the mitigatio6 proposal r prior to finalizing a development
mitigation agreement.
uic a?AIUVI ICILA11 IUZ> icvci. ui
date of the--tountywide. school coacurrency, program shall be considered vested
and shall not require a school concurrencv approval.
7. Cre
a.
b.
8. A modification to a residential development and/or Dlat 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 subject 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
-7-
Ordinance No. 8028-09
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.
•
concurrence approval issued for the initial development plan. Modifications in
demand on available capacity will be reflected in the countywide public school
concurrence 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 original approved
plan/plat on the subject property will no longer be valid, and the new application for
residential development and/or plat approval will be subject to the school
concurrence review procedures in this section.
9. School concurrent decisions made b the School District ma be a aled in
accordance with section 14 of the Public Schools Interlocal Agreement.
Section 4. That Article 8, "Definitions and Rules of Construction", Sectipn,6i102
"Definitions", of the Community Development Code, be, and the same is herby amende
to read as follows:
Section 8-102. Definitions.
For'the purposes of this Development C de, the following words and ter?rns have the
meanings specified herein:
Concurrencv service area(s). when used for school concurrencv ourooses. means the
n which the level of service will be
measured for school concurrency purposes.
i i
Enrollment, when used: for school concurrencv purposes, means the official student
enrollment count of the fall semester.
Existinq level !of service, when used for school concurrencv purposes, means the
calculation for each Concurrencv Service Area based on the following formula: (Level of
service = Student-Enrollment + Vested Students) / (FISH School Capacity + Additional
Capacity).
Five-year Facilities Work Program, when used for school concurrencv 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.
-8-
Ordinance No. 8028-09
Level of service standard means the number of units of capacity per unit of demand
adopted by the City in the comprehensive plan. Living alaeaFd (a beat) Fneans the use of a
Livinq aboard (a boat) means the use of a boat whereupon one or more persons
reside, whether temporarily or permanently.
Pinellas Coui
Pinellas Cou
Pinellas Count that are required to implement school concurrent per Se"ctioH
163.31777(1), F.S., or as it may subsequently be amended.
k
School Board means the elected body presiding :over: the schools of Pinellas Count
responsible for exercising all of the 'Powers and duties associated with the District schools
in accordance with Chapter_1001 of the,Florida Statutes. i
School Capacityy and Level of Service Report means, when used for school
concurrence purposes, the report annually prepared by the School District to calculate the
existing level of service and the available capacity within each Concurretcy Service Area.
i t
School concurrence approval means the findina issued,bv the School District that
there is available capacity for all , types of school:
and/or plat approval.
f
a
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.
-9-
Ordinance No. 8028-09
School facility, public school facility, or educational facility means something that is
built, installed or established, such as a building, to serve the purpose of a school.
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. f "
Section 8. Notice of the proposed enactment of this Ordinance, h
properly advertised in a newspaper of general circulation in accordance with a
law.
Section 9. This ordinance shall take effect immediately ?pon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND F: NA:
READING AND ADOPTED
f
- l
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney '
I
i
-10-
been
licable, --"
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 8028-09
NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY
DEVELOPMENT CODE
The City of Clearwater proposes to adopt the following ordinance:
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 FOR 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.
The proposed ordinance will affect the land area shown on the map in this advertisement:
(INSERT MAP HERE)
Schedule of Public Hearings:
Tuesday, April 21, 2009 before the Community Development Board, at 1:00 p.m.
Thursday, May 21, 2009 before the City Council (1St Reading), at 6:00 p.m.
Thursday, June 4, 2009 before the City Council (2"d Reading), at 6:00 p.m.
All public hearings on the ordinance will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola
Ave, Clearwater, Florida. TA2009-01001
Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave,
Clearwater, Florida.
Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to
support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and
evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at
this hearing if the right to an appeal does not exist as a matter of law.
Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk
prior to or during the public hearing.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES
DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR
REQUEST AT (727) 562-4093.
•
City of Clearwater
P.O. Box 4748
Clearwater, Fl 33758-4748
Cynthia E. Goudeau, MMC
City Clerk
To learn more about presenting to Clearwater boards and City Council, go to
http://clearwater.granicus.com/ViewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also
check the informational video out from any Clearwater public library.
Ad: 4/9/09 & 5/22/09
Pinellas County Board of County
Commissioners
315 Court Street, 5th Floor
Clearwater, FL 33756
TA2009-01001
r-
Clearwater Neighborhood Assoc.
Shelly Kuroghlian, President
1821 Springwood Circle S
Clearwater, FL 33763
MeetingAGENDA •
Page 1 of 4
0
City Council Agenda
Location: Council Chambers - City Hall
Date: 5/21/2009- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state
your name and address. Persons speaking before the City Council shall be limited to three (3) minutes
unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on
the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for
each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior
to the item being presented, please obtain the needed form to designate a spokesperson from the City
Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda
item. No person shall speak more than once on the same subject unless granted permission by the City
Council. The City of Clearwater strongly supports and fully complies with the Americans with
Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special
accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using
beepers, cellular telephones and other distracting devices during the meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 Home of the Year and Neighborhood of the Year Awards
2 Attachments
5. Approval of Minutes
5.1 Approve the minutes of the May 7, 2009 City Council Meeting as submitted in written summation
by the City Clerk.
2 Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7.Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
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•MeetingAGENDA 0 Page 2 of 4
7.1 Continue 1 st Reading of Ordinance 8025-09 to June 4, 2009 to amend Article VII, Solid Waste
Management, Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and
charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection
rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7).
1B Attachments
7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial
Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1935 Old
Coachman Road (Lot 10, Block A, Sunset Point Estates in Section 6, Township 29 South, Range 16
East); and Pass Ordinances 8050-09, 8051-09, and 8052-09 on first reading. (ANX2009-01003)
S Attachments
7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial
Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3012 Glen
Oak Avenue North (Lot 23, Block C, Kapok Terrace in Section 9, Township 29 South, Range 16
East); and Pass Ordinances 8053-09, 8054-09, and 8055-09 on first reading. (ANX2009-02004)
LB-- Attachments
7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial
Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 918 Moss
Avenue (Lot 1, Block F, Kapok Terrace in Section 9, Township 29 South, Range 16 East); and Pass
Ordinances 8056-09, 8057-09, and 8058-09 on first reading. (ANX2009-02005)
1B Attachments
7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial
Zoning Atlas Designation of Low Density Residential (LDR) District for 1831 Beverly Circle
North (Lot 1, Lake Lela Manor First Addition in Section 24, Township 29 South, Range 15 East);
and Pass Ordinances 8062-09, 8063-09 and 8064-09 on first reading.(ANX2009-02006)
12 Attachments
7.6 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial
Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1927 Summit
Drive (Lot 94, Skyline Groves in Section 6, Township 29 South, Range 16 East); and Pass
Ordinances 8065-09, 8066-09 and 8067-09 on first reading. (ANX2009-03007)
1B Attachments
7.7 Approve amendments to the Community Development Code to implement school concurrency, and
Pass Ordinance 8028-09 on first reading. (TA2009-01001)
(B Attachments
7.8 Approve amendments to the Community Development Code renaming sidewalk cafes to outdoor
cafes and revising provisions related to such cafes on private property, as well as in the public right-
of-way, and Pass Ordinance 8042-09 on first reading. (TA2009-01003)
1B Attachments
8. Second Readings - Public Hearing
8.1 Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 to amend Article VII, Solid Waste
Management, Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and
charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection
rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7.
2 Attachments
City Manager Reports
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•MeetingAGENDA • 18 40 Page 3 of 4
9. Consent Agenda
9.1 Award a purchase order (contract) to Ward Diesel Filter Systems, Elmira, New York, in an amount
not to exceed $121,436.00 for the purchase of fourteen No Smoke diesel exhaust removal systems
(including installation), in accordance with Sec. 2.564(b), Code of Ordinances - Sole source for
City standardized equipment, and that appropriate officials be authorized to execute same. (consent)
1B Attachments
9.2 Approve transfer of $2.6 million dollars from unrestricted net assets (reserves) in the below listed
funds to Special Revenue Project 181-99874 to cover the costs of early retirement incentive
packages. (consent)
1B Attachments
9.3 Approve the Conditional Assignment of Lease of the marina Bait House from the current lessee,
Charles J. and Sandra Pollick d/b/a Bait House to Justin Pfaelzer d/b/a Clearwater Angler, L.L.C.
with no changes in the existing lease and authorize the appropriate officials to execute same.
(consent)
1B Attachments
9.4 Approve the Lease Agreement between the City of Clearwater and Bruce Littler, Inc., for Rooms 2,
2a and 3 at the City Marina, for a two (2) year period with a flat three percent (3%) annual
Consumer Price Index increase and authorize the appropriate officials to execute same. (consent)
[ Attachments
9.5 Award a contract (purchase order) for $155,941.00 to Container Systems Equipment Company of
Daytona Beach, Florida, for one 2009 International Chassis with GS Products 5035D 33 cubic yard
Recycling Body in accordance with Sec. 2.564(1)(d), Code of Ordinances - City of Clearwater Bid
13-09, authorize lease purchase under the City's master lease agreement and authorize the
appropriate officials to execute same. (consent)
1B Attachments
9.6 Award the 2008 Street Resurfacing Contract (08-0015-EN) to Ajax Paving Industries of Nokomis,
Florida, for the sum of $969,457.50 which is the lowest responsible bid received in accordance with
the plans and specifications and authorize the appropriate officials to execute same. (consent)
2 Attachments
9.7 Accept an 8,214 square foot Reclaimed Water Main and Utilities Easement to encumber a portion
of Tract "A" of A REPLAT OF A PART OF THE TOWN OF BELLEAIR, PINELLAS COUNTY,
FLORIDA, conveyed by the Belleview Biltmore Country Club Corporation in consideration of
receipt of $10.00 and the benefits to be derived therefrom. (Consent)
1B Attachments
9.8 Accept a Water Main and Utilities Easement containing 6,750 square feet, more or less, to
encumber the North 14.96 feet of TRACT "H" COMMON AREA, CLEARWATER VILLAGE -
PHASE ONE, together with the North 15 feet of Lot 9, E. A. MARSHALL'S SUBDIVISION, less
the East 39 feet, thereof, jointly conveyed by Clearwater Village, L. C., a Florida limited liability
company. and Clearwater Village Homeowners' Association, Inc., a Florida not for profit
corporation, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent)
1B Attachments
9.9 Award a contract to Clark Hunt Construction of Clearwater, Florida, for the construction of the
Beach Connector Trail project Phases I and I1(04-0042-EN) in the amount of $898,577.99, which is
the lowest responsible bid received in accordance with plans and specifications; approve purchase
orders for trail amenities that are not grant related thus require a budget amendment: Swartz
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.MeetingAGENDA Page 4 of 4
Associates of Tampa, Fl, in the amount of $4,832.20 for miscellaneous trail amenities, Shade
System of Ocala, Fl in the amount $95,342.40 for stainless steel shade shelters, and Grosz
Construction Inc. of Tampa, Fl in the amount of $18,950 for the installation of shade shelters,
authorize the appropriate authorities to execute same and approve transfer of funds for
miscellaneous costs of the project in the amount of $103,029.68. (consent)
IB Attachments
10. Other Items on City Manager Reports
10.1 Approve a Local Agency Program (LAP) Agreement between the Florida Department of
Transportation and the City of Clearwater in the amount of $1,392,000 for the construction of bike
lanes on East Avenue, and adopt Resolution 09-24.
2 Attachments
10.2 Approve entering into an agreement with the Florida Department of Transportation (FDOT), FPN
256881 1 52 01, to fund the construction of Phase II of the Tropic Hills drainage improvements in
the amount of $1,114,000, and adopt Resolution 09-26.
1B Attachments
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
1B Attachments
12. Council Discussion Items
12.1 Matrix Efficiency Study - P.D. Cost Savings
(B Attachments
13. Other Council Action
13.1 Other Council Action
12 Attachments
14. Adjourn
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Clearavater
CONSENT AGENDA
COMMUNITY DEVELOPMENT BOARD
Date: Tuesday, April 21, 2009
Time: 1:00 p.m.
Place: 112 South Osceola Street, 3rd Floor,
Clearwater, Florida, 33756
(City Hall Council Chambers)
Revised 04/20/2009
Welcome the City of Clearwater Community Development Board (CDB) meeting. The City
strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please
advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted
listening devices are available. An oath will be administered swearing in all participants in
public hearing cases. If you wish to speak please wait to be recognized, then state and spell
your name and provide your address. Persons speaking before the CDB shall be limited to
three minutes unless an individual is representing a group in which case the Chairperson may
authorize a reasonable amount of time up to 10 minutes.
Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc.
as they are distracting during the meeting.
Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a
record of the proceedings to support such appeal. Community Development Code Section 4-
206 requires that any person seeking to: personally testify, present evidence, argument and
witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests
should request part.. status during the case discussion. Party status entitles parties to: personally
testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision
and speak on reconsideration requests.
If you have questions or concerns about a case, please contact the staff presenter from the
Planning Department listed at the end of each agenda item at 727-562-4567.
* Make Us Your Favorite! www.myclearwater.com/gov/depts/i)lannin
g
Community Development Board Consent Agenda - April 21, 2009 -Page 1 of 6
•
•
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Behar, Dame, DiPolito,
Alternate Member Carlough, City Staff
C. ELECTION OF CHAIR AND VICE CHAIR
D. APPROVAL OF MINUTES OF PREVIOUS MEETING: March 17, 2009 (0 l
E. CONTINUED ITEM (Item 1): f a?"
1. Case: FLD2009-02005 - 490 Mandalay Avenue, Suites 8 & 9 Level Two Application
(Continued from the meeting of March 17, 2009)
Owner: Mary G. Realty, Inc.
Applicant/Representative: Lisset H. Diego, Havana Exclusive Cigars, LLC. (490 Mandalay Avenue,
Suites 8 & 9, Clearwater, FL 33767; phone: 727-216-6166).
Location: 0.4 acres located at the southwest corner of Mandalay Avenue and Baymont Street.
Atlas Page: 267A.
Zoning: Tourist (T) District.
Request: Flexible Development approval to permit a change of use from retail sales and services to
nightclub within the Tourist (T) District within an existing 6,254 square foot shopping center with 26
off-street parking spaces and no changes to the building or structure setbacks, as a Comprehensive
Infill Redevelopment Project, under the provisions of Community Development Code Section 2-
803.C.
Proposed Use: Nightclub.
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Robert G. Tefft, Development Review Manager.
Community Development Board Consent Agenda - April 21, 2009 -Page 2 of 6
r •
F. CONSENT AGENDA: The following cases are not contested by the applicant, staff,
neighboring property owners, etc. and will be approved by a single vote at the beginning of the
meeting (Items 1- 7):
1. Case: FLD2009-02002 - 2650 and 2680 Landmark DriveCfiV Level Two Application
Owner/Applicant: Heritage United Methodist Church at Countryside, Inc.
Representative: John Eveland, P.E., Hamilton Engineering & Surveying, Inc. (311 N. Newport
Avenue, Suite 100, Tampa, FL 33606; phone: 813-250-3535; fax: 813-250-3636; email:
JohnE@hamiltones.com).
Location: 8.63 acres located at the southwest corner of Landmark Drive and SR 580.
Atlas Page: 222B.
Zoning: Institutional (1) District.
Request: Flexible Development approval to permit the redevelopment of an existing place of worship
in the Institutional (I) District with a lot area of 12.71 acres, a lot width along Landmark Drive (east)
of 738 feet and along State Road 580 (north) of 375 feet, a front (east) setback of 28.6 feet (to
existing building) and 9.24 feet (to existing pavement), a front (north) setback of 39.3 feet (to existing
building), a side (west) setback of 35.5 feet (to existing building) and 10 feet (to existing pavement), a
side (north) setback of zero feet (to existing and proposed pavement), a side (south) setback of 44 feet
(to proposed building) and 18 feet (to proposed pavement), a rear (west) setback of 28 feet (to
proposed pavement) and 23 feet (to proposed dumpster enclosure), a building height of 38 feet (to
midpoint of pitched roof) and 404 parking spaces (on- and off-site), as a Comprehensive Infill
Redevelopment Project, under the provisions of Community Development Code Section 2-1204.A;
and a reduction to the front buffer along Landmark Drive from 15 to 9.24 feet (to existing pavement),
a reduction to the north buffer from five to zero feet (to existing and proposed pavement) and a
reduction to the west buffer from 12 to 10 feet (to parking spaces), as a Comprehensive Landscape
Program, under the provisions of Community Development Code Section 3-1202.G.
Proposed Use: Redevelopment of an existing place of worship.
Neighborhood Associations: Misty Springs Condominiums; Northwood West Homeowners
Association; Winding Wood; Cypress Bend; and Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
Community Development Board Consent Agenda - April 21, 2009 -Page 3 of 6
2. Case: FLD2009-02003 - 600 S. Missouri Avenue Level Two Application
Owner: Ruth B. Marks Trustee, c/o Dunkin' Brands.
Applicant: Norberto Silva Botelho.
Representative: Joseph Oliveri, Oliveri Architects (32707 US Highway 19, Palm Harbor, FL 34684;
phone: 727-781-7525; fax: 727-781-6623; email: jlo@oliveriarchitects.com).
Location: 0.527 acres (after vacation of a portion of the Turner Street right-of-way) located at the
southwest corner of S. Missouri Avenue and Turner Street.
Atlas Page: 296A.
Zoning: Commercial (C) District.
Request: Flexible Development approval to permit the upgrading and expansion of an existing
restaurant with a lot area of 22,977 square feet (after vacation of a portion of the Turner Street right-
of-way), a lot width of 132 feet along S. Missouri Avenue (east) (after vacation of a portion of the
Turner Street right-of-way) and 170 feet along Turner Street (north) (after vacation of a portion of the
Turner Street right-of-way), a front (east) setback of 12 feet (to existing pavement), a front (north)
setback of zero feet (to existing sidewalk), a side (west) setback of 5.5 feet (to existing pavement), a
side (south) setback of 4.75 feet (to existing pavement), a building height of I 1 feet (to flat roof deck)
and 25 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of
Community Development Code Section 2-704.C; and a reduction to the landscape buffer along S.
Missouri Avenue (east) from 15 to 12 feet (to existing pavement), a reduction to the landscape buffer
along Turner Street (north) from 10 to zero feet (to existing sidewalk), a reduction to the landscape
buffer along the south property line from five to 4.75 feet (to existing pavement), a reduction to
required interior landscape area from 10 to five percent of the vehicular use area and reductions to the
foundation landscape area along the east side of the building from five to 4.25 feet and along the
north side of the building from five to zero feet, as a Comprehensive Landscape Program, under the
provisions of Community Development Code Section 3-1202.G.
Proposed Use: Upgrading and expansion of an existing restaurant (Dunkin' Donuts).
Neighborhood Associations: Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
3. Case: FLD2009-02004 -1154 and 1160 Mandalay Point Road Go r5 Level Two Application
Owner/Applicant: James P. Gills III and Joyce P. Gills
Representative: Behar Design Associates (103 Rogers Street, Clearwater, FL 33756; phone: 727-
488-9490; email: istvan@behardesi n com).
Location: 2.50 acres located on the west side of Mandalay Point Road approximately 850 feet north of
the intersection of Mandalay Point Road and Eldorado Avenue.
Atlas Page: 227A.
Zoning: Low Density Residential (LDR) and Open Space/Recreation (OSR) Districts.
Request: Flexible Development approval for a new single family detached dwelling within the Low
Density Residential (LDR) District with a lot area of 108,700 square feet, (72,722 square feet Open
Space/Recreation (OSR) and 36,178 square feet LDR), a lot width of 242 feet, a reduction to the side
(north) setback from 15 feet to 10 feet (to building), a reduction to the side (south) setback from 15
feet to 10 feet (to building), a reduction to the rear (west) setback from 15 feet to zero feet (to raised
pool and building) from the Coastal Construction Control Line (CCCL) and an increase in the
maximum building height from 30 feet 34 feet (to midpoint of pitched roof) as a Residential Infill
Redevelopment Project as per Community Development Code Section 2-104.D.
Proposed Use: Detached Dwelling.
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: A. Scott Kurleman, Planner III.
Community Development Board Consent Agenda - April 21, 2009 -Page 4 of 6
0 0
4. Case: FLD2009-03010 - 22 North Fort Harrison Avenue CJv Meevel Two Application
Owner/Applicant: Anna Tsafatinos
Representative: Piero Caramella (1631 Jasmine Way, Clearwater, FL 33756; phone: 727-906-7602;
email: pierocarmello@yahoo.com).
Location: 0.10 acres located on the west side of North Fort Harrison Avenue, approximately 180 feet
north of Cleveland Street.
Atlas Page: 286B.
Zoning: Downtown (D) District.
Request: Flexible Development approval to permit a restaurant in the Downtown (D) District within
an existing building with zero off-street parking spaces as a Comprehensive Infill Redevelopment
Project, under the provisions of Community Development Code Section 2-903.C.
Proposed Use: Restaurant.
Neighborhood Association: Clearwater Neighborhoods Coalition.
Presenter: A. Scott Kurleman, Planner III.
5. Case: FLD2008-04009 - 351 South Gulfview Boulevards` o Level Two Application
Owner: Michael Preston lJ
Applicant: Frenchy's South Beach, Inc.
Representative: Janet Baustert (419 East Shore Drive, Clearwater, FL 33767; phone: 727-449-2729).
Location: 0.15 acres located on the east side of South Gulfview Boulevard approximately 60 feet
north of Fifth Street.
Atlas Page: 276A.
Zoning: Tourist (T) District.
Request: Flexible Development approval to permit a 228 square foot building addition and a minor
deck expansion for an existing restaurant within the Tourist (T) District with a front (west) setback of
zero feet (to building), a side (south) setback of zero feet (to building/pavement), a side (north)
setback of 15.91 feet (to building) and 5 feet (to pavement), and a rear (east) setback of 42 feet (to
building) and zero feet (to pavement); a building height of 22 feet; and 5 off-street parking spaces as a
Comprehensive Infill Redevelopment Project, under the provisions of Community Development
Code Section 2-803.C; and a reduction to the required foundation landscaping along South Gulfview
Boulevard from five to zero feet as part of a Comprehensive Landscape Program, under the
provisions of Community Development Code Section 3-1202.G.
Proposed Use: Restaurant.
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Robert G. Tefft, Development Review Manager. v ??
6. Case: TA2009-01001 Amendments to the Community Development Code Three Application
Owner/Applicant: City of Clearwater.
Request: Amendments to the Community Development Code implementing school concurrency.
Existing Uses: N/A.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Sandra E. Herman, Planner 111. J
7. Case: TA2009-01003 Amendments to the Community Development Code and the Code of
Ordinances Level Three Application
Owner/Applicant: City of Clearwater.
Request: Amendments to the Community Development Code and the Code of Ordinances related to
sidewalk cafes.
Existing Uses: N/A.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Cate Lee, Planner lI.
Community Development Board Consent Agenda - April 21, 2009 -Page 5 of 6
i
/ jt
\?`S
G. CONSIDERATION OF APPEAL (Item 1): CJz 611-
1. Case: APP2009-00001 - 1850 McMullen Booth Road
Owner: Countryside Christian Center.
Appellant: Pastor Glen Gammon.
Agent: Michael J. Gaylor, P.E., Gaylor Engineering (21764 S.R. 54, Lutz, FL 33549; phone: 813-
949-5599; fax: 813-949-0818).
Location: 19.969 acres located on the west side of McMullen Booth Road approximately 1,280 feet
north of State Road 590.
Atlas Page: 265A.
Zoning: Institutional (I) and Office (O) Districts.
Request: An appeal from a Level One (Flexible Standard Development) denial decision pursuant to
Community Development Code Section 4-501.A.3, that a requested basketball court within an
existing grass off-street parking area is inconsistent with the General Standards for Level One
Approvals as set forth in Community Development Code Section 3-913.A.6; the standards for Off-
Street Parking Spaces as set forth in Community Development Code Sections 3-1404.13 and C; and
the standards for Conformance to Uniform Traffic Control Devices as set forth in Community
Development Code Section 3-1410.A.
Existing Use: Place of Worship.
Neighborhood Association(s): Clearwater Neighborhoods Coalition; and Oak Forest.
Presenter: Matt Jackson, Planner It.
H. ADJOURNMENT
Community Development Board Consent Agenda - April 21, 2009 -Page 6 of 6
0 0
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Community Development Board Consent Agenda - April 21, 2009 -Page 7 of 6
Clearwater
AGENDA
COMMUNITY DEVELOPMENT BOARD
Date: Tuesday, April 21, 2009
Time: 1:00 p.m.
Place: 112 South Osceola Street, P Floor,
Clearwater, Florida, 33756
(City Hall Council Chambers)
Revised 04/8/2009
Welcome the City of Clearwater Community Development Board (CDB) meeting. The City
strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please
advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted
listening devices are available. An oath will be administered swearing in all participants in
public hearing cases. If you wish to speak please wait to be recognized, then state and spell
your name and provide your address. Persons speaking before the CDB shall be limited to
three minutes unless an individual is representing a group in which case the Chairperson may
authorize a reasonable amount of time up to 10 minutes.
Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc.
as they are distracting during the meeting.
Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a
record of the proceedings to support such appeal. Community Development Code Section 4-
206 requires that any person seeking to: personally testify, present evidence, argument and
witness, cross-examine witnesses,' appeal the decision and speak on reconsideration requests
should request part.. status during the case discussion. Party status entitles parties to: personally
testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision
and speak on reconsideration requests.
If you have questions or concerns about a case, please contact the staff presenter from the
Planning Department listed at the end of each agenda item at 727-562-4567.
g
* Make Us Your Favorite! www.myclearwater.com/gov/depts/p--lannin
Community Development Board Agenda - April 21, 2009 -Page 1 of 5
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Behar, Dame, Tallman,
DiPolito, Alternate Member Carlough, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: March 17, 2009
D. CONTINUED ITEM (Item 1):
1. Case: FLD2009-02005 - 490 Mandalay Avenue, Suites 8 & 9 Level Two Application
(Continued from the meeting of March 17, 2009)
Owner: Mary G. Realty, Inc.
Applicant/Representative: Lisset H. Diego, Havana Exclusive Cigars, LLC. (490 Mandalay Avenue,
Suites 8 & 9, Clearwater, FL 33767; phone: 727-216-6166).
Location: 0.4 acres located at the southwest corner of Mandalay Avenue and Baymont Street.
Atlas Page: 267A.
Zoning: Tourist (T) District.
Request: Flexible Development approval to permit a change of use from retail sales and services to
nightclub within the Tourist (T) District within an existing 6,254 square foot shopping center with 26
off-street parking spaces and no changes to the building or structure setbacks, as a Comprehensive
Infill Redevelopment Project, under the provisions of Community Development Code Section 2-
803.C.
Proposed Use: Nightclub.
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Robert G. Tefft, Development Review Manager.
E. LEVEL TWO APPLICATIONS (Items 1-5):
1. Case: FLD2009-02004 -1154 and 1160 Mandalay Point Road Level Two Application
Owner/Applicant: James P. Gills III and Joyce P. Gills
Representative: Behar Design Associates (103 Rogers Street, Clearwater, FL 33756; phone: 727-
488-9490; email: istvan@behardesiQn.com).
Location: 2.50 acres located on the west side of Mandalay Point Road approximately 850 feet north of
the intersection of Mandalay Point Road and Eldorado Avenue.
Atlas Page: 227A.
Zoning: Low Density Residential (LDR) and Open Space/Recreation (OSR) Districts.
Request: Flexible Development approval for a new single family detached dwelling within the Low
Density Residential (LDR) District with a lot area of 108,700 square feet, (72,722 square feet Open
Space/Recreation (OSR) and 36,178 square feet LDR), a lot width of 242 feet, a reduction to the side
(north) setback from 15 feet to 10 feet (to building), a reduction to the side (south) setback from 15
feet to 10 feet (to building), a reduction to the rear (west) setback from 15 feet to zero feet (to raised
pool and building) from the Coastal Construction Control Line (CCCL) and an increase in the
maximum building height from 30 feet 34 feet (to midpoint of pitched roof) as a Residential Infill
Redevelopment Project as per Community Development Code Section 2-104.D.
Proposed Use: Detached Dwelling.
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: A. Scott Kurleman, Planner III.
Community Development Board Agenda - April 21, 2009 -Page 2 of 5
i 0
2. Case: FLD2009-03010 - 22 North Fort Harrison Avenue Level Two Application
Owner/Applicant: Anna Tsafatinos
Representative: Piero Caramella (1631 Jasmine Way, Clearwater, FL 33756; phone: 727-906-7602;
email: pierocannello(a yahoo.com).
Location: 0.10 acres located on the west side of North Fort Harrison Avenue, approximately 180 feet
north of Cleveland Street.
Atlas Page: 286B.
Zoning: Downtown (D) District.
Request: Flexible Development approval to permit a restaurant in the Downtown (D) District within
an existing building with zero off-street parking spaces as a Comprehensive Infill Redevelopment
Project, under the provisions of Community Development Code Section 2-903.C.
Proposed Use: Restaurant.
Neighborhood Association: Clearwater Neighborhoods Coalition.
Presenter: A. Scott Kurleman, Planner 111.
3. Case: FLD2008-04009 - 351 South Gulfview Boulevard Level Two Application
Owner: Michael Preston
Applicant: Frenchy's South Beach, Inc.
Representative: Janet Baustert (419 East Shore Drive, Clearwater, FL 33767; phone: 727-449-2729).
Location: 0.15 acres located on the east side of South Gulf-view Boulevard approximately 60 feet
north of Fifth Street.
Atlas Page: 276A.
Zoning: Tourist (T) District.
Request: Flexible Development approval to permit a 228 square foot building addition and a minor
deck expansion for an existing restaurant within the Tourist (T) District with a front (west) setback of
zero feet (to building), a side (south) setback of zero feet (to building/pavement), a side (north)
setback of 15.91 feet (to building) and 5 feet (to pavement), and a rear (east) setback of 42 feet (to
building) and zero feet (to pavement); a building height of 22 feet; and 5 off-street parking spaces as a
Comprehensive Infill Redevelopment Project, under the provisions of Community Development
Code Section 2-803.C; and a reduction to the required foundation landscaping along South Gulfview
Boulevard from five to zero feet as part of a Comprehensive Landscape Program, under the
provisions of Community Development Code Section 3-1202.G.
Proposed Use: Restaurant.
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Robert G. Tefft, Development Review Manager.
Community Development Board Agenda - April 21, 2009 -Page 3 of 5
0 4. Case: FLD2009-02002 f-650 and 2680 Landmark Drive Level Two Application
Owner/Applicant: Heritage United Methodist Church at Countryside, Inc.
Representative: John Eveland, P.E., Hamilton Engineering & Surveying, Inc. (311 N. Newport
Avenue, Suite 100, Tampa, FL 33606; phone: 813-250-3535; fax: 813-250-3636; email:
JohnE@hamiltones.com).
Location: 8.63 acres located at the southwest corner of Landmark Drive and SR 580.
Atlas Page: 222B.
Zoning: Institutional (I) District.
Request: Flexible Development approval to permit the redevelopment of an existing place of worship
in the Institutional (I) District with a lot area of 12.71 acres, a lot width along Landmark Drive (east)
of 738 feet and along State Road 580 (north) of 375 feet, a front (east) setback of 28.6 feet (to
existing building) and 9.24 feet (to existing pavement), a front (north) setback of 39.3 feet (to existing
building), a side (west) setback of 35.5 feet (to existing building) and 10 feet (to existing pavement), a
side (north) setback of zero feet (to existing and proposed pavement), a side (south) setback of 44 feet
(to proposed building) and 18 feet (to proposed pavement), a rear (west) setback of 28 feet (to
proposed pavement) and 23 feet (to proposed dumpster enclosure), a building height of 38 feet (to
midpoint of pitched roof) and 404 parking spaces (on- and off-site), as a Comprehensive Infill
Redevelopment Project, under the provisions of Community Development Code Section 2-1204.A;
and a reduction to the front buffer along Landmark Drive from 15 to 9.24 feet (to existing pavement),
a reduction to the north buffer from five to zero feet (to existing and proposed pavement) and a
reduction to the west buffer from 12 to 10 feet (to parking spaces), as a Comprehensive Landscape
Program, under the provisions of Community Development Code Section 3-1202.G.
Proposed Use: Redevelopment of an existing place of worship.
Neighborhood Associations: Misty Springs Condominiums; Northwood West Homeowners
Association; Winding Wood; Cypress Bend; and Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner Ill.
5. Case: FLD2009-02003 - 600 S. Missouri Avenue Level Two Application
Owner: Ruth B. Marks Trustee, c/o Dunkin' Brands.
Applicant: Norberto Silva Botelho.
Representative: Joseph Oliveri, Oliveri Architects (32707 US Highway 19, Palm Harbor, FL 34684;
phone: 727-781-7525; fax: 727-781-6623; email: jlo@oliveriarchitects.com).
Location: 0.527 acres (after vacation of a portion of the Turner Street right-of-way) located at the
southwest corner of S. Missouri Avenue and Turner Street.
Atlas Page: 296A.
Zoning: Commercial (C) District.
Request: Flexible Development approval to permit the upgrading and expansion of an existing
restaurant with a lot area of 22,977 square feet (after vacation of a portion of the Turner Street right-
of-way), a lot width of 132 feet along S. Missouri Avenue (east) (after vacation of a portion of the
Turner Street right-of-way) and 170 feet along Turner Street (north) (after vacation of a portion of the
Turner Street right-of-way), a front (east) setback of 12 feet (to pavement), a front (north) setback of
zero feet (to existing sidewalk), a side (west) setback of 5.5 feet (to pavement), a side (south) setback
of 4.75 feet (to pavement), a building height of 11 feet (to flat roof deck) and 25 parking spaces, as a
Comprehensive Infill Redevelopment Project, under the provisions of Community Development
Code Section 2-704.M; and a reduction to the landscape buffer along S. Missouri Avenue (east) from
15 to 12 feet, a reduction to the landscape buffer along Turner Street (north) from 10 to zero feet, a
reduction to the landscape buffer along the south property line from five to 4.75 feet, a reduction to
required interior landscape area from 10 to five percent of the vehicular use area and reductions to the
foundation landscape area along the east side of the building from five to 4.25 feet and along the
north side of the building from five to zero feet, as a Comprehensive Landscape Program, under the
provisions of Community Development Code Section 3-1202.G.
Proposed Use: Upgrading and expansion of an existing restaurant (Dunkin' Donuts).
Neighborhood Associations: Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
Community Development Board Agenda - April 21, 2009 -Page 4 of 5
0 0
F. LEVEL THREE APPLICATION (Items 1-2):
1. Case: TA2009-01001 Amendments to the Community Development Code Level Three Application
Owner/Applicant: City of Clearwater.
Request: Amendments to the Community Development Code implementing school concurrency.
Existing Uses: N/A.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Sandra E. Herman, Planner III.
2. Case: TA2009-01003 Amendments to the Community Development Code and the Code of
Ordinances Level Three Application
Owner/Applicant: City of Clearwater.
Request: Amendments to the Community Development Code and the Code of Ordinances related to
sidewalk cafes.
Existing Uses: N/A.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Cate Lee, Planner II.
G. CONSIDERATION OF APPEAL (Item 1):
1. Case: APP2009-00001 - 1850 McMullen Booth Road
Owner: Countryside Christian Center.
Appellant: Pastor Glen Gammon.
Agent: Michael J. Gaylor, P.E., Gaylor Engineering (21764 S.R. 54, Lutz, FL 33549; phone: 813-
949-5599; fax: 813-949-0818).
Location: 19.969 acres located on the west side of McMullen Booth Road approximately 1,280 feet
north of State Road 590.
Atlas Page: 265A.
Zoning: Institutional (I) and Office (O) Districts.
Request: An appeal from a Level One (Flexible Standard Development) denial decision pursuant to
Community Development Code Section 4-501.A.3, that a requested basketball court within an
existing grass off-street parking area is inconsistent with the General Standards for Level One
Approvals as set forth in Community Development Code Section 3-913.A.6; the standards for Off-
Street Parking Spaces as set forth in Community Development Code Sections 3-1404.13 and C; and
the standards for Conformance to Uniform Traffic Control Devices as set forth in Community
Development Code Section 3-1410.A.
Existing Use: Place of Worship.
Neighborhood Association(s): Clearwater Neighborhoods Coalition; and Oak Forest.
Presenter: Matt Jackson, Planner II.
H. ADJOURNMENT
S: lPlanning DepartmentlC D BWgendas DRC & CDBICDB12009W April 21, 20WCDB Agenda April 21, 2009.doc
Community Development Board Agenda - April 21, 2009 -Page 5 of 5
0
Clearwater
Revised 03/27/2009
AGENDA
COMMUNITY DEVELOPMENT BOARD
Date: Tuesday, April 21, 2009
Time: 1:00 p.m.
Place: 112 South Osceola Street, 3rd Floor,
Clearwater, Florida, 33756
(City Hall Council Chambers)
f
Welcome the City of Clearwater Community Development Board (CDB) meeting. The City
strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please
advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted
listening devices are available. An oath will be administered swearing in all participants in
public hearing cases. If you wish to speak please wait to be recognized, then state and spell
your name and provide your address. Persons speaking before the CDB shall be limited to
three minutes unless an individual is representing a group in which case the Chairperson may
authorize a reasonable amount of time up to 10 minutes.
Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc.
as they are distracting during the meeting.
Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a
record of the proceedings to support such appeal. Community Development Code Section 4-
206 requires that any person seeking to: personally testify, present evidence, argument and
witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests
should request party status during the case discussion. Party status entitles parties to: personally
testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision
and speak on reconsideration requests.
If you have questions or concerns about a case, please contact the staff presenter from the
Planning Department listed at the end of each agenda item at 727-562-4567.
* Make Us Your Favorite! www.myclearwater.com/ og_ v/depts/planning
Community Development Board Agenda - April 21, 2009 -Page 1 of 5
:J
•
•
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Behar, Dame, Tallman,
DiPolito, Alternate Member Carlough, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: March 17, 2009
D. CONTINUED ITEM (Item 1):
1. Case: FLD2009-02005 - 490 Mandalay Avenue, Suites 8 & 9 Level Two Application
(Continued from the meeting of March 17, 2009)
Owner: Mary G. Realty, Inc.
Applicant/Representative: Lisset H. Diego, Havana Exclusive Cigars, LLC. (490 Mandalay Avenue,
Suites 8 & 9, Clearwater, FL 33767; phone: 727-216-6166).
Location: 0.4 acres located at the southwest corner of Mandalay Avenue and Baymont Street.
Atlas Page: 267A.
Zoning: Tourist (T) District.
Request: Flexible Development approval to permit a change of use from retail sales and services to
nightclub within the Tourist (T) District within an existing 6,254 square foot shopping center with 26
off-street parking spaces and no changes to the building or structure setbacks, as a Comprehensive
Infill Redevelopment Project, under the provisions of Community Development Code Section 2-
803.C.
Proposed Use: Nightclub.
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Robert G. Tefft, Development Review Manager.
E. LEVEL TWO APPLICATIONS (Items 1-5):
1. Case: FLD2009-02004 -1154 and 1160 Mandalay Point Road Level Two Application
Owner/Applicant: James P. Gills III and Joyce P. Gills
Representative: Behar Design Associates (103 Rogers Street, Clearwater, FL 33756; phone: 727-
488-9490; email: istvan@behardesian.com).
Location: 2.50 acres located on the west side of Mandalay Point Road approximately 850 feet north of
the intersection of Mandalay Point Road and Eldorado Avenue.
Atlas Page: 227A.
Zoning: Low Density Residential (LDR) and Open Space/Recreation (OSR) Districts.
Request: Flexible Development approval for a new single family detached dwelling within the Low
Density Residential (LDR) District with a lot area of 108,700 square feet, (72,722 square feet Open
Space/Recreation (OSR) and 36,178 square feet LDR), a lot width of 242 feet, a reduction to the side
(north) setback from 15 feet to 10 feet (to building), a reduction to the side (south) setback from 15
feet to 10 feet (to building), a reduction to the rear (west) setback from 15 feet to zero feet (to raised
pool and building) from the Coastal Construction Control Line (CCCL) and an increase in the
maximum building height from 30 feet 34 feet (to midpoint of pitched roof) as a Residential Infill
Redevelopment Project as per Community Development Code Section 2-104.D.
Proposed Use: Detached Dwelling.
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: A. Scott Kurleman, Planner III.
Community Development Board Agenda - April 21, 2009 -Page 2 of 5
0 0
2. Case: FLD2009-03010 - 22 North Fort Harrison Avenue Level Two Application
Owner/Applicant: Anna Tsafatinos
Representative: Piero Caramella (1631 Jasmine Way, Clearwater, FL 33756; phone: 727-906-7602;
email: pierocarmello@a _yahoo.com).
Location: 0.10 acres located on the west side of North Fort Harrison Avenue, approximately 180 feet
north of Cleveland Street.
Atlas Page: 286B.
Zoning: Downtown (D) District.
Request: Flexible Development approval to permit a restaurant in the Downtown (D) District within
an existing building with zero off-street parking spaces as a Comprehensive Infill Redevelopment
Project, under the provisions of Community Development Code Section 2-903.C.
Proposed Use: Restaurant.
Neighborhood Association: Clearwater Neighborhoods Coalition.
Presenter: A. Scott Kurleman, Planner 111.
3. Case: FLD2008-04009 - 351 South Gulfview Boulevard Level Two Application
Owner: Michael Preston
Applicant: Frenchy's South Beach, Inc.
Representative: Janet Baustert (419 East Shore Drive, Clearwater, FL 33767; phone: 727-449-2729).
Location: 0.15 acres located on the east side of South Gulfview Boulevard approximately 60 feet
north of Fifth Street.
Atlas Page: 276A.
Zoning: Tourist (T) District.
Request: Flexible Development approval to permit a 228 square foot building addition and a minor
deck expansion for an existing restaurant within the Tourist (T) District with a front (west) setback of
zero feet (to building), a side (south) setback of zero feet (to building/pavement), a side (north)
setback of 15.91 feet (to building) and 5 feet (to pavement), and a rear (east) setback of 42 feet (to
building) and zero feet (to pavement); a building height of 22 feet; and 5 off-street parking spaces as a
Comprehensive Infill Redevelopment Project, under the provisions of Community Development
Code Section 2-803.C; and a reduction to the required foundation landscaping along South Gulfview
Boulevard from five to zero feet as part of a Comprehensive Landscape Program, under the
provisions of Community Development Code Section 3-1202.G.
Proposed Use: Restaurant.
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Robert G. Tefft, Development Review Manager.
Community Development Board Agenda - April 21, 2009 -Page 3 of 5
4. Case: FLD2009-02002 -650 and 2680 Landmark Drive 0 Level Two Application
Owner/Applicant: Heritage United Methodist Church at Countryside, Inc.
Representative: John Eveland, P.E., Hamilton Engineering & Surveying, Inc. (311 N. Newport
Avenue, Suite 100, Tampa, FL 33606; phone: 813-250-3535; fax: 813-250-3636; email:
JohnEghamiltones.com).
Location: 12.71 acres located at the southwest corner of Landmark Drive and SR 580.
Atlas Page: 222B.
Zoning: Institutional (I) District.
Request: Flexible Development approval to permit the redevelopment of an existing place of worship
in the Institutional (1) District with a lot area of 12.71 acres, a lot width along Landmark Drive (east)
of 738 feet and along State Road 580 (north) of 375 feet, a front (east) setback of 28.6 feet (to
existing building) and 9.24 feet (to existing pavement), a front (north) setback of 39.3 feet (to existing
building), a side (west) setback of 35.5 feet (to existing building) and 10 feet (to existing pavement), a
side (north) setback of zero feet (to existing and proposed pavement), a side (south) setback of 44 feet
(to proposed building) and 18 feet (to proposed pavement), a rear (west) setback of 28 feet (to
proposed pavement) and 23 feet (to proposed dumpster enclosure), a building height of 38 feet (to
midpoint of pitched roof) and 404 parking spaces (on- and off-site), as a Comprehensive Infill
Redevelopment Project, under the provisions of Community Development Code Section 2-1204.A;
and a reduction to the front buffer along Landmark Drive from 15 to 9.24 feet (to existing pavement),
a reduction to the north buffer from five to zero feet (to existing and proposed pavement) and a
reduction to the west buffer from 12 to 10 feet (to parking spaces), as a Comprehensive Landscape
Program, under the provisions of Community Development Code Section 3-1202.G.
Proposed Use: Redevelopment of an existing place of worship.
Neighborhood Associations: Misty Springs Condominiums; Northwood West Homeowners
Association; Winding Wood; Cypress Bend; and Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
5. Case: FLD2009-02003 - 600 S. Missouri Avenue Level Two Application
Owner: Ruth B. Marks Trustee, c/o Dunkin' Brands.
Applicant: Norberto Silva Botelho.
Representative: Joseph Oliveri, Oliveri Architects (32707 US Highway 19, Palm Harbor, FL 34684;
phone: 727-781-7525; fax: 727-781-6623; email: jlogoliveriarchitects.com).
Location: 0.527 acres (after vacation of a portion of the Turner Street right-of-way) located at the
southwest corner of S. Missouri Avenue and Turner Street.
Atlas Page: 296A.
Zoning: Commercial (C) District.
Request: Flexible Development approval to permit the upgrading and expansion of an existing
restaurant with a lot area of 22,977 square feet (after vacation of a portion of the Turner Street right-
of-way), a lot width of 132 feet along S. Missouri Avenue (east) (after vacation of a portion of the
Turner Street right-of-way) and 170 feet along Turner Street (north) (after vacation of a portion of the
Turner Street right-of-way), a front (east) setback of 12 feet (to pavement), a front (north) setback of
zero feet (to existing sidewalk), a side (west) setback of 5.5 feet (to pavement), a side (south) setback
of 4.75 feet (to pavement), a building height of 11 feet (to flat roof deck) and 25 parking spaces, as a
Comprehensive Infill Redevelopment Project, under the provisions of Community Development
Code Section 2-704.M; and a reduction to the landscape buffer along S. Missouri Avenue (east) from
15 to 12 feet, a reduction to the landscape buffer along Turner Street (north) from 10 to zero feet, a
reduction to the landscape buffer along the south property line from five to 4.75 feet, a reduction to
required interior landscape area from 10 to five percent of the vehicular use area and reductions to the
foundation landscape area along the east side of the building from five to 4.25 feet and along the
north side of the building from five to zero feet, as a Comprehensive Landscape Program, under the
provisions of Community Development Code Section 3-1202.G.
Proposed Use: Upgrading and expansion of an existing restaurant (Dunkin' Donuts).
Neighborhood Associations: Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
Community Development Board Agenda - April 21, 2009 -Page 4 of 5
ON
F. LEVEL THREE APPLOATION (Items 1-2):
1. Case: TA2009-01001 Amendments to the Community Development Code Level Three Application
Owner/Applicant: City of Clearwater.
Request: Amendments to the Community Development Code implementing school concurrency.
Existing Uses: N/A.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Sandra E. Herman, Planner 111.
2. Case: TA2009-01003 Amendments to the Community Development Code and the Code of
Ordinances Level Three Application
Owner/Applicant: City of Clearwater.
Request: Amendments to the Community Development Code and the Code of Ordinances related to
sidewalk cafes.
Existing Uses: N/A.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Cate Lee, Planner II.
G. CONSIDERATION OF APPEAL (Item 1):
1. Case: APP2009-00001 - 1850 McMullen Booth Road
Owner: Countryside Christian Center.
Appellant: Pastor Glen Gammon.
Agent: Michael J. Gaylor, P.E., Gaylor Engineering (21764 S.R. 54, Lutz, FL 33549; phone: 813-
949-5599; fax: 813-949-0818).
Location: 19.969 acres located on the west side of McMullen Booth Road approximately 1,280 feet
north of State Road 590.
Atlas Page: 265A.
Zoning: Institutional (1) and Office (O) Districts.
Request: An appeal from a Level One (Flexible Standard Development) denial decision pursuant to
Community Development Code Section 4-501.A.3, that a requested basketball court within an
existing grass off-street parking area is inconsistent with the General Standards for Level One
Approvals as set forth in Community Development Code Section 3-913.A.6; the standards for Off-
Street Parking Spaces as set forth in Community Development Code Sections 3-1404.13 and C; and
the standards for Conformance to Uniform Traffic Control Devices as set forth in Community
Development Code Section 3-1410.A.
Existing Use: Place of Worship.
Neighborhood Association(s): Clearwater Neighborhoods Coalition; and Oak Forest.
Presenter: Matt Jackson, Planner 11.
H. ADJOURNMENT
S: (Planning Departmen6C D BWgendas DRC & CDBICDB12009W April 21, 20MCDB Agenda April 21, 2009.doc
Community Development Board Agenda - April 21, 2009 -Page 5 of 5