Item 6AAGENDA ITEM # 6A
AUGUST 25, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public hearing adopt Resolution 08-10, approving a minor revision to the
previously adopted Interlocal Agreement for Public School Facility Planning between the Duval
County Public Schools, the Cities of Jacksonville, Atlantic Beach, Neptune Beach, Jacksonville
Beach and the Town of Baldwin for the purpose of coordinating public schools facilities planning and
land use planning throughout the County and as required by 2005 Senate Bi11360.
SUBMITTED BY: Sonya Doerr, AICP ,~,d/
Community Development Director
DATE: August 18, 2008
BACKGROUND: As you may recall, the City adopted the Interlocal Agreement for school planning
as described above in December of last year. The City of Jacksonville then transmitted their
Comprehensive Plan Public Schools Facilities Element (PSFE) along with the executed Interlocal
Agreement to the Department of Community Affairs. (The School District, Jacksonville, Baldwin
and the three Beach cities are all adopting the same documents. DCA's review of all the many PSFEs
and Interlocal Agreements from the entire State has been protracted.) Minor issues related to the
PSFE have now been resolved, but DCA took objection to brief language in the Interlocal Agreement
related to DRIB (Developments of Regional Impact.) This language and the requested revision have
"zero " impact or relevance to the COAB as we have no DRIs in the City, but since all local
governments in the County and the School District must be a party to the same Interlocal, we all need to
make this same revision to the Interlocal Agreement.
The Beach cities have been holding final adoption of the PSFE until all issues with the state were
addressed. DCA has expressed their intent to find the PSFE "In Compliance" with this minor change
to the Interlocal. The Beach Cities will proceed with final adoption of the PSFE during upcoming
Commission and Council meetings.
RECOMMENDATION: Motion to approve Resolution 08-10 authorizing the Mayor and City
Manager to sign the revised Interlocal Agreement for Public School Facility Planning in accordance with 2005
Senate Bi11360 on behalf of the City of Atlantic Beach.
ATTACHMENTS: Single page of the previously adopted Interlocal Agreement indicating this
revision and Resolution 08-10.
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER:
August 25, 2008 regular meeting
AGENDA ITEM # 6A
AUGUST 25, 2008
Strikethrough indicates de%ted text; underline indicates added text.
5.4.1.4 The following residential uses shall be considered exempt from the requirements of
school Concurrency:
(a) Developments which have received and hold a valid Concurrency reservation
for capacity issued prior to the effective date of the Cities' School Concurrency
Ordinance.
(b) Developments of Regional Impact for which a development order has been
issued prior to Julv 1, 2005, the effective date of Chapter 2005-290, Laws of
Florida, or for which a DRI application has been submitted prior to Mav 1,
2005. All other provisions of the approved Interlocal Agreement for Public
School Facility Planning remain in full force and effect.
(c) A proposed residential development application which does not increase the
number of residential units will be credited with the number of residential
units at the time of adoption of the appropriate City's School Concurrency
Ordinance.
(d) Other uses as provided for in the School Concurrency Ordinance.
(e) Any residential development within a fairshare or development agreement
which was submitted prior to the effective date of the School Concurrency
Ordinance, which shall be in place and effective by January 1, 2008.
(f) Any residential development vested under Cities Concurrency system.
(g) Any development with a de minimus impact defined as any residential
development of 20 units or less, subject to land development regulation
aggregation criteria.
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Adopted December 10, 2007 as EXHIBIT A to City of Atlantic Beach Resolution 07-13
August 25, 2008 regular meeting
AGENDA ITEM # 6A
AUGUST 25, 2008
RESOLUTION NO.O&10
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE A REVISED INTERLOCAL AGREEMENT, ATTACHED
AS EXHIBIT A, BETWEEN THE CITY OF ATLANTIC BEACH, THE
CITY OF JACKSONVILLE, THE CITY OF JACKSONVILLE BEACH,
THE CITY OF NEPTUNE BEACH, THE TOWN OF BALDWIN, (THE
"CITIES") AND THE DUVAL COUNTY SCHOOL BOARD TO
COORDINATE THE LOCATION AND DEVELOPMENT OF PUBLIC
SCHOOL FACILITIES THROUGHOUT DUVAL COUNTY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cities and the School Board recognize the benefits to the citizens and
students of the communities by more closely coordinating their land use and school facilities
planning programs: namely (1) better coordination of new schools in time and place with land
development, (2) greater efficiency for the Cities and the School Board by the reduction of
student travel times and the placement of schools to take advantage of existing and planned
roads, water, sewer, and parks, (3) improved student access and safety by coordinating the
construction of new and expanded schools with the road and sidewallc construction programs of
the Cities, (4) the location and design of schools so that they serve as community focal points,
(5) the location anti design of schools with parks, active recreation facilities, h'braries, and other
community facilities to take advantage of joint use opportunities, and (6) the location of new
schools and expansion and rehabilitation of existing schools so as to reduce pressures
contributing urban sprawl and support stability and reinvestment in existing neighborhoods; and
WHEREAS, the City Council of the City of Jacksonville and the Duval County School
Board, in March 2001, established a Joint Planning Committee to serve as an advisory body to
the Cities and School Board, and charged said Joint Planning Committee to assist the Cities and
the School Board in carrying out many of the public school facility planning responsibilities
subsequently mandated in Sections 1013.33 and 163.31777, Florida Statutes, and
WHEREAS, Section 1013.33(10), Florida Statutes, requires that the location of public
education facilities must be consistent with the comprehensive plans and implementing land
development regulations of the appropriate Cities; and
WHEREAS, Sections 163.3177(b~h)1 and 2, Florida Statutes, requires each local
government to adapt an intergovernmental coordination element as part of their comprehensive
plan that states principles and guidelines to be used in the accomplishment of the adopted
comprehensive plan with the plans of the school boards, and describe the processes for
collaborative planning and decision making on population projections and public school siting;
and
WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires Duval County,
all of the municipalities within. Duval county, and the Duval County School Board. to establish by
interiocal agreement. executed by all of the affected parties, the joint processes described above
consistent with their adopted intergovernmental coordination elements; and
WHEREAS, an Interlocal Agreeme~ was initially executed on May 12, 2003, and has
been updated. to reflect changes in the state concurrency legislation relating to public schools as
provided in Laws 2005, c. 2005-290 (Senate Bill 360), which became effective 3uly 1, 2005: and
Resohrtion Number 08-10
Page 1 of 2
AGENDA ITEM # 6A
AUGUST 25, 2008
WHEREAS, the Cities and the School Board have mutually agreed that coordination of
school facility planning and comprehensive land use planning is in the best interest of the
citizens of the Cities; and
WHEREAS, the Cities have jurisdiction for land use and growth management decisions
within their boundaries, and
WHEREAS, the School Board has the responsibility to provide school facilities to
ensure a free and adequate public education to the residents of the Cities, and
WHEREAS, the Cities and the School Board agree that they can better fulfill their
respective responsibilities by working in close cooperation to ensure that adequate public school
facilities are available to the residents of the Cities, and
WHEREAS, the parties are authorized to enter into this interlocal agreement pursuant to
Section 163.01, Section 163.3177(6xh)2, Section 163.3180(13x9), Section 1013.33(2xa), and
Section 163.31777, Florida Statutes;
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION FOR
THE CITY OF ATLANTIC BEACH:
Section 1. The Mayor, or his designee the City Manager, is hereby authorized to execute
on behalf of the City of Atlantic Beach an Interlocal Agreement between the City of Atlantic
Beach, the City of Iacksonville Beach, the City of Neptune Beach, the Town of Baldwin, the
Gity of Jacksonville, and the Duval County School Board, in substantially the form attached
hereto and made a part hereof as Exhibit A, to coordinate the location and. development of public
school facilities throughout Duval County and administering the school concurrency requirement
of Chapter 163, Florida Statutes .
Section 2. This Resolution shall appeal and replace the previous Interlocal Agreements
for Joint Facility Planning Resolution as adopted by Re~lutions 03-04 and 07-13.
Section 3. This Resolution shall take effect immediately upon its passage and adoption.
ADOPTED BY THE CITY COMMISSION OF ATLANTIC BEACH, FLORIDA, THIS
25tL DAY OF Augast, 2008.
Attest:
Donna L. Bartle, CMC
City Clerk
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Honorable John S. Meserve
Mayor and Presiding Officer.
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Resolurion Number 08-10