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TA2012-04004; ORD 8346-12 CDB Meeting: September 18, 2012 _ C�s� Ntt�ber: TQ�a�2-04004- __ Ordinance Number: 8346-12 Agenda Item: E.1. Pianner: Cate Lee CDB Meeting Date: September 18, 2012 Case Number: TA2012-04004 Ordinance Number: 8346-12 Agenda Item: E_l CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT _ __ _- -- _ _ REQUEST: Amendments to the Community Development Code — Ordinance No. 8346-12 INITIATED BY: City of Clearwater Planning and Development Department BACKGROUND: This amendment to the Community Development Code is the final step in a multi-step process to remove requirements for school concurrency from the City's planning documents after the Florida Legislature passage of the Community Planning Act in 2011, which removed state- mandated concurrency requirements for schools for all local governments. City Council approved an amendment to the Public Schools Interlocal Agreement that eliminated the sections related to the implementation of school concurrency at their June 20, 2012 meeting. These amendments to the Interlocal Agreement were approved in April 2012 by the Pinellas Schools Collaborative. On August 16, 2012, Council approved amendments to the Clearwater Comprehensive Plan that deleted goals, objectives, policies and maps relating to school concurrency. The proposed amendments to the Community Development Code eliminate provisions related to the implementation of school concurrency. ANALYSIS: Proposed Ordinance No. 8346-12 includes the following amendments: 1. Deletes Public School Facilities as a measure with which to judge issuance of a certificate of concurrency/capacity (see page 2 of proposed ordinance). 2. Deletes Section 4-905 in it's entirely, which sets forth procedures for implementing public school facilities concurrency(see pages 2-6 of proposed ordinance). 3. Deletes the following definitions (see pages 6-7 of proposed ordinance}: • Concurrency service area(s) • Five year facilities work program • Public school interlocal agreement • School capacity and level of service report • School concurrency approval • School district • School facility,public school facility, or educational facility Community Development Board—September 18,2012 TA2012-04004—Page 1 CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following. l. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Since the Clearwater Comprehensive Plan was amended to delete goals, objectives, policies __ _ -,_, _ __ and maps implementing school concurrency, it is now necessary to amend the Coc�e to delete school concurrency implementation language. These amendments will allow the Code to be consistent with the Comprehensive Plan. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Section 1-103. • It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. (CDC Section 1-103.A). This amendment is in accordance with the preceding amendment to the Comprehensive Plan which also removed provisions related to school concurrency implementation. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code axe consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8346-12 that amends the Community Development Code. Prepared by Planning and Development Department Staff: a-" ,� - �� Catherine Lee,Planner III ATTACHMENT: 0 Ordinance No.8346-12 S:IPlanning DepartmentlCommunity Development Code12012 Code AmendmentslTA2012-04004-Public School FacilitieslStaffReportlTA2012- 04004 CDB Staff Report.doc Community Development Board—September 18,2012 TA2012-04004—Page 2 ORDINANCE NO. 8346-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY AMENDING SECTION 4-903 TO DELETE PUBLIC SCHOOL FACILITIES FROM STANDARDS FOR CERTIFICATE OF CONCURRENCY/CAPACITY; BY DELETING SECTION 4-905, PUBLIC SCHOOL FACILITIES CONCURRENCY, IN ITS ENTIRETY; AND BY AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY DELETING ---- -- _ - __ -_ _---- _ _ . _ _ DEFINITIONS FOR CONCURRENCY SERVICE AREA(S), FIVE-YEAR FACILITIES WORK PROGRAM, PUBLIC SCHOOL INTERLOCAL AGREEMENT, SCHOOL CAPACITY AND LEVEL OF SERVICE REPORT, SCHOOL CONCURRENCY APPROVAL, SCHOOL DISTRICT, AND SCHOOL FACILITY, PUBLIC SCHOOL FACILITY, OR EDUCATIONAL FACILITY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERT�SEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, Section 163.3177(12), F.S., was amended in 2005 to require all non-exempt counties and each non-exempt municipality within those counties to adopt and implement a public school facilities element and a school concurrency program; and �nn �rnrnn r_r.._.._.... �� �nno a�.,. n'a., t ni,.,....._i.._ n:a., n....__:i ,r,..,,a.,� n..�.i'., YVrICI�C/1J, VII rCUlUCfl�/ L1� LVVO� UIC lill�/ VI VICdIWQICI Vll�/ liUUlll:ll c1UV�.lICU a ruuii� School Facilities Element, and subsequently implemented school concurrency, and WHEREAS, the Community Planning Act (HB 7207) amended Section 163.3177(12), F.S. in 2011, eliminating the requirement for implementing school concurrency; and WHEREAS, on September 7, 2011, the Pinellas Schools Collaborative reviewed the changes to Chapter 163, F.S. and recommended discontinuing the implementation of school concurrency, as significant coordination exists already between local governments and the School District; and WHEREAS, amendments are therefore required to Section 4-903 of the City of Clearwater Community Development Code in order to eliminate requirements for implementing school concurrency; and WHEREAS, corresponding amendments have been made to the Future Land Use Element, the Intergovernmental Coordination Element, the Capital Improvements Element and the Public School Facilities Element, of the Clearwater Comprehensive Plan in order to eliminate references to school concurrency; and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, Ordinance No. 8346-12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 4, Development Review and Other Procedures, Division 9, Concurrency Management, Section 4-903, Standards for certificate of concurrency/capacity, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-903. Standards for certificate of concurrency/capacity. A. In_determining__whether a certificate of concurrency/capacity may be issued, the ___ __ _ community development coordinator shall apply the level of service standards in the comprehensive plan according to the following measures for each public facility: 1. Potable water: water service area. 2. Sanitary sewer: sewer facility availability. 3. Drainage: drainage basin. 4. Solid waste: citywide. 5. Parks and recreation: citywide. 6. Roads: Section 4-803(C) Standards for Traffic Impact Study, and Section 4-904 Proportionate Fair-Share Program. ***** Section 2. That Article 4, Development Review and Other Procedures, Division 9, Concurrency Management, Section 4-905, Public school facilities concurrency, of the Community Development Code, be, and the same is hereby deleted in its entirety as follows: , , , . , 2 Ordinance No. 8346-12 lesate� r��ip�!'1+i••TIQI—RCP �mGT��GTVT�1'Rf"e'}'�1.�cJ.��FTI� GT ��"��}fC'.T. iii \A/ifl-��n '2�'—vR���'-vrT.��.�'' t�i ei"i�-irt�c��4�� i--ttFe--�bY1tlGf � �'P� _:�1�..,.l:..l J......1...............1 ....J/.... ...1..1 1L� �ff��L�J coniinc �rco �_� i� ������� ihnf in ♦ho nnn,�rcpat, #horo ic �rlon���4 :J � �„lur�—i�l�l2�' + �ho , r +h� �.�h.,.,l iar2yl--�}A�F�—mc-6F�jf-�A--I�.sEF�—rrrv�vrrvvr ��i � -+ �° '�2�1'�71�i'}@��'1 + +�^�9� �-�+o +f}°f°c—�$--^na^i Ti�— '—tt�J�T RL�T'TT T RLG� G f ^r r"{7�T'F� i�i 1AIh 4h n{�nnl # n r �+�o �hn� �—�-.neq�e-s� +sTr;a�-de�ef�iiies;-i�ie-&g�reg�rc,�c�c 3 Ordinance No. 8346-12 , ea6k�a�e�a� , , . � n.,,,.,...a,.�,i,, c__.....,, _t _ _..a:---'- r-�- -'---- _._:�..�:__ � � i nr�rrr�+m 4h�� c��icfi��� ve��im�4oiJ �7em�nr-Ic i �> 4 Ordinance No. 8346-12 �Fev� � . , , > _� � - - - . , �� , . , 5 Ordinance No. 8346-12 �. (�`ror!fc. a—�f�er—�k��#es#+�—�a�e—e#�e—s e��yv►�+�e---yt►�I+s--ss�eel o�e.;�rv..a}o���mh,�_e{ c.} �r1cr�4�+ ivonor�+�o� fr�m ovic�inn ��stollinct [TT17 rrrp y � e � ;oT-insT�ase--�h�e--Fesi�er�t+a�-�e��i•�r�^vf�„�Tan�:i��r^v+r-f�tli F@--�}@ }hrrri�^�cs�ier-� .,.y'".."'�Fl�' ***** Section 3. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, of the Community Development Code, be, and the same is hereby amended as follows: ***** ***** 6 Ordinance No. 8346-12 , � ' ' ***** � � , > ***** � ��� � , ' , ' ***** Section 4. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 5. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 6. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the vatidity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 7. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 8. This ordinance shall take effect immediately upon adoption. 7 Ordinance No. 8346-12 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk 8 Ordinance No. 8346-12 Catherine Lee,LEED Green Associate 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4557 catherine.lee(a�myclearwater.com PROFESSIONAL EXPERIENCE • Planner III,Long Range Division October 2010 to Present • Planne"r It;Long Range Division November 2008"to Ocfo�er 2Qt0 City of Clearwater, Clearwater, Florida Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Code by Ordinance. Prepare staff reports for the City Council and Community Development Board. Coordinate and manage various projects. • Planner I and Planner II,Development Review Division Ciry of Clearwater, Clearwater, Florida March to October 2008 Provided information to the public concerning the City's Community Development Code, Clearwater Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed building plans for compliance with the Community Development Code. Presented Flexible Standard Development applications before the Development Review Committee. • Research Assistant Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008 Contributed research on various land use and planning issues, including locally unwanted land uses and their roles in the American West for Dr. Richard H. Jackson,AICP. • Teaching Assistant Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007 Explained North American land use patterns and concepts to students, including planning history and current practices. Graded student writing and exams, providing feedback for improvement and clarification of planning concepts. • Planning Intern City of Port Angeles, Port Angeles, Washington May to August 2007 Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research related to intergovernmental cooperation, comprehensive plan amendments, and code changes. Presented research findings to the Planning Commission. EDUCATION Bachelor of Science in Urban,Rural and Environmental Planning, Brigham Young University, 2007 ASSOCIATION MEMBERSHIP • American Planning Association • LEED Green Associate