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6071-96ORDINANCE NO, 6071 -96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,AMENDING THE COMPREHENSIVE PLAN OF THE CITY, INCLUDING AMENDMENTS TO THE FUTURE LAND USE ELEMENT AS REQUIRED BY FLORIDA STATUTE 163, RELATED TO THE PUBLIC EDUCATION FACILITY SITING ACT; PROVIDING AN EFFECTIVE DATE. WHEREAS, 1995 State Legislature passed CS /HB 1797 known as the Public Education Facility Siting Act, which amended Florida Statutes 235, 255, and 163; and WHEREAS, the City of Clearwater is required by the Public Facility Siting Act to amend it s Comprehensive Plan by identifying land use categories in which public schools are an allowable use; establishing goals, objectives, and policies by which school facilities will be reviewed for consistency with the Comprehensive Plan; and adopting either the Chapter 235 review process or an alternative review process for determining suitability of each proposed school site no later than October 1, 1996; and WHEREAS, the City of Clearwater and the Pinellas County School District have met and mutually agreed to the proposed goals, objectives, and policies and the alternative review process which will be incorporated into a future interlocal agreement; and WHEREAS, Section 163.3184, Florida Statutes provides for amendment of adopted Comprehensive Plans; and WHEREAS, the City of Clearwater's Planning and Zoning Board, in their capacity as Local Planning Agency, held a public hearing August 20, 1996, and recommended approval of these amendments; and WHEREAS, the City of Clearwater City Commission held a public hearing after due notice and adopted these amendments to the Comprehensive Plan on September 19, 1996, after carefully considering the written comments of the State Land Planning Agency and other written and oral comments submitted by members of the public and governing agencies. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ,Sect oni` 1. Pu=se and Intent. This ordinance is adopted to carry out the purpose and intent of, and to exercise the authority granted pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act, and more generally to exercise the authority granted pursuant to the Florida Constitution and the Charter of the City of Clearwater. The provisions of this ordinance and the comprehensive plan amendments as adopted by this ordinance are declared to be the minimum requirements necessary to accomplish the purpose, intent and objectives as set forth herein and in the comprehensive plan as adopted on November 16, 1989. Section 2. Amendments to the Adopted Plan. The amendments to the Comprehensive Plan of the City of Clearwater, as set forth in the attached exhibits A and B are hereby adopted. Sections Severability, If any provision of this ordinance or of the comprehensive plan or amendments as adopted by this ordinance should ever be adjudicated invalid for any reason, such provision shall be deemed severable from the remaining provisions of this ordinance and the comprehensive plan and amendments to the extent that the remaining provisions may independently be valid and enforceable. Section 4. Effective Date. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Leslie Doug - Sides, Asst. City Attorney 2 September 19, 1996 October 3, 1996 Rita Garvey, Mayor - Commissioner Attest: Cyn is E. Goudeau, City Clerk ORMANCt?40.-627/ .- 4 �' �a•� z z z op as a� w3a p+ ,; � ��a.� z �w ap, p•a v.aa 0w 03 � :�� � �•�� a�� aid ��� ®��� 1 y C4 a o cli z M a o� aw. 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Ei Ei a O n "e 11- c s m ca N O •U. .� S U �i n ^ yUy 96 o cc w -C3 eo w P..vgi � •� r a > � v_ q w W N b w 21 2 Owl to 0 N q .t q ��2�nn°•appp�pp• .� o� 'S��j '� � � t3 U � � U C�J 6' -3 . •may 9 0 p 6f 'iy q il H of yy�j.,- v7 CA3 4 IR ti di q M EXHIBIT B TO ORDINANCE NO. 6071-96 PROPOSED TEXT CHANGES TO THE CITY OF CLEARWATER COMPREHENSIVE PLAN FUTURE LAND USE August 1996 Goal 5: To coordinate the location of new and expanded school sites and facilities in order to ensure compatibility and consistency with the City's Comprehensive Plan. Objective 5.1 Policies Policy 5.7.1 Public education facilities are defined as elementary schools. special education facilities. alternative education facilities, middle schools, high schools, and area vocational - technical schools of the Pinellas County School District. Policy 5.1.2 Public education facilities of the Pinellas County School District are an allowable use within the following future land use sate og ries: Residential Estate Residential Suburban Residential Low Residential Urban Residential Low Medium Residential Medium Residential High Residential/Office Limited Residential/Office General Institutional Policy 5.1.3. the School Boaa that the proposed site is consistent with the City's comprehensive plan Policy 5.1.4. In addition to overall consistency with the City's comprehensiveplan. the proposed location of a new or expanded public education facility of the Pinellas County School District mithin one of the land use categories listed in Policy 5.1.2. shall be reviewed and considered with the following general criteria_ 1. The proposed location is compatible with present and protected uses of adiacent property fs.235,19(2)(a)l. 2, The site area of the proposed location is adequate for its intended use based upon the State Reoturements for Educational Facilities and provides sufficient area to accommodate all needed utilities and support facilities and allows for„Olgquate buffering of surrounding land uses. 6*1met, 4611-q6 4, There are no significant environmental constraints that would preclude development of public education facilities on the site. 5. There will be no adverse impacts on archaeological or historic sites listed in the National Register of Historic Places or designated by the City as locally sign cant historic or archaeological resources 6. The proposed location is well drained and soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements. 7. The proposed location is not in conflict with the County's Stormwater Management Plan and the City's adopted watershed management plan if applicable 8. The proposed location is not in a velocity flood zone or a floodway, 9. The proposed location can accommodate the required parking and anticipated queuing of vehicles on -site. 10. The proposed location lies outside the area regulated ated by section 333 03(3) F S regarding the construction of public educational facilities in the vicinity of an airport Policy 5.1.5. The following criteria shall also be used to evaluate whether proposed locations of AWific types of schools are consistent with the City's comprehensive plan; Elementary Schools, Special Education Facilities and Alternative Education Facilities 1. The proposed location shall have direct access to at least a minor collector road or as otherwise approved by the City after determination of acceptable traffic impacts on adjacent roads of lesser classification 2. Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Middle Schools 1. Theproposed location shall have direct access to at least a minor rollector road or as otherwise approved by the City after determination of acceptable traffic impacts on adjacent roads of lesser classification 2, Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. High S hoots 1. The_pronosed location shall have direct access to at least a major collector road, or as otherwise approved b the City alien determination of :IC_CCp_t_ablo traliic impacts on adjacent roads of lesser classification 2. __Stadiums outdoor n national facilitics and simil r r ' ' R V fa illties shall be located and buffered on the prop�Sed site to minimize iM=44 en ttdiacent properties Vocational - Technical Schools 1. The proposed location shall have direct access to at least a major collector road, or as otherwise approved by the City after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Industrial education facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Policy 5.1.6. Prooppsed locations that are less than the standard site acreage as prescribed in the Florida Department of Education State Requirements of Educational Facilities maybe determined to be consistent with the City's comprehensive plan provided the requirements of s.235.19(3). F.S. are met and off -site impacts can be adequately mitigated. Policy 5.1.7. A determination that a proposed new site or additional property is consistent with the City's comprehensive plan may be conditioned with reference to specific types of public educational facilities. Policy 5.1.8. At the time of consistency determination, the City may impose reasonable conditions for development of the site as it relates to any of the criteria in Policies 5.1.4. and 5.1.5. Conditions may not be imposed which conflict with those established in Chapter 235 or the State Uniform Building Code, unless mutually agreed. Is.235.193(6)1. Policy 5.1.9. Before a significant change ofpromm at a public education facility is implemented, the School Board and the City shall require a review of the facility's on -site and off -site impacts. The School Board and the City will work cooperatively to mitigate on -site and off -site impacts, including impacts to public facilities, identified through the review. Policy 5.1.10. The City and the School Board shall annually coordinate in the development of their mogain capital improvement programs. Policy 5.1.11. The policies in Objective 5.labove are assumed to be consistent with, and do not nullify or conflict with, the provisions of Chanter 235. F.S.