Ordinance No. 31-09-07ORDINANCE NUMBER 31-09-07
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
ADOPTING AN AMENDMENT TO THE 2015 COMPREHENSIVE PLAN
AS ORIGINALLY ADOPTED BY ORDINANCE 31-04-04, AND AS
AMENDED; THIS AMENDMENT ADOPTING THE PUBLIC SCHOOLS
FACILITIES ELEMENT AS REQUIRED BY 2005 SENATE BILL 360,
WHICH IS ATTACHED HERETO AS EXHIBIT A, PROVIDING FOR
INTENT, AUTHORITY, FINDINGS OF FACT, FINDINGS OF
CONSISTENCY, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, 2005 Senate Bill 360, §163.3177(12) and §163.3180(13), Florida Statutes
direct the City to adopt a public schools facilities element as part of its Comprehensive Plan, and
to participate in implementing adistrict-wide school concurrency program, and
WHEREAS, §163.3177(12) also directs the City to enter into an interlocal agreement
with the other local governments within the County for the purpose of implementing and
administering a uniform system for school concurrency, and
WHEREAS, the City of Atlantic Beach has adopted said interlocal agreement and the
Public Schools Facilities Element, attached as Exhibit A, is consistent with and substantively
identical to those adopted by the other local governments within Duval County, and
WHEREAS, § 163.3184, Florida Statues, establishes the process for the adoption of the
Comprehensive Plan or Amendments thereto; and
WHEREAS, Rules 9J-5 and 9J-11, Florida Administrative Code, establish procedures
for the adoption and submittal requirements of Comprehensive Plan Amendments; and
WHEREAS, required notice for these amendments was published and public hearings
were held, in accordance with §163.3184(15), Florida Statutes.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. INTENT. The purpose of this ordinance is to adopt a required amendment to the
City of Atlantic Beach Comprehensive Plan, adopted by Ordinance 31-04-04 September 13,
2004, as amended and previously found to be In Compliance and to exercise the authority and
perform the duties as set forth within §163.3161-163.3215, Florida Statues. Specifically, this
amendment shall adopt a Public Schools Facilities Element as element "I" of the current
Comprehensive Plan in accordance with § 163.3177(12) and § 163.3180(13 ), Florida Statutes.
SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163, Part II,
Florida Statues, and the Florida Administrative Code, Rule 9J-5 and 9J-11; and the Constitution
of the State of Florida, as may be amended from time to time.
Page 1 of 2 Ordinance 31-09-07
SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City
of Atlantic Beach hereby finds that this amendment to the City's Comprehensive Plan is: (i)
consistent with the State Comprehensive Plan, §187.201, Florida Statues; (ii) consistent with the
Northeast Florida Strategic Regional Policy Plan; (iii) consistent § 163.3177(12) and
§163.3180(13), Florida Statues; (iv) consistent Florida Administrative Code, Rule 9J-5 and 9J-
11; and (v) consistent with other provisions of the adopted City of Atlantic Beach
Comprehensive Plan.
SECTION 5. FINDINGS OF FACTS. This amendment is found to maintain internal
consistency with the current City of Atlantic Beach Comprehensive Plan. This amendment is
also found to be consistent with the review and amendment procedures as established by State
law, the public participation process and the required coordination between the City of Atlantic
Beach and other State of Florida agencies including, but not limited to; the Department of
Community Affairs, Northeast Florida Regional Council, St. Johns River Water Management
District, Florida Department of Transportation, Florida Department of Environmental Protection.
SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission
for the City of Atlantic Beach, that if any provision, paragraph, or section of this Ordinance is for
any reason finally held invalid or unconstitutional by any Court of competent jurisdiction, such
provision shall be deemed separate, distinct and independent and such holdings shall not effect
or alter the remaining provisions.
SECTION 6. EFFECTIVE DATE. This amendment shall become effective on the
date the State Land Planning Agency issues a final order determining the adopted amendment to
be in compliance, or on the date the Florida Administration Commission issues a final order
determining the adopted amendment to be in compliance in accordance with Section 163.3189,
Florida Statues.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 8th
day of December, 2008.
Passed and adopted upoa final reading and public~ea~ing this 12th day of January, 2009.
J
as to form and correctness:
Jensen, Esquire
Attorney _ /,Q ~-p
GLh~YLtt/ lV ~~JG~2~C~
Attest:
Donna L. Bartle, CMC
City Clerk
Officer
Page 2 of 2 Ordinance 31-09-07
Comprehensive Plan EXHIBIT A Public Schools Facilities Element
Goals. Objectives, and Policies
CITY OF JACKSONVILLE & MUNICIPALITIES
SCHOOL CONCURRENCY PROGRAM
(Where appropriate to the context, references herein to "the City"
shall mean the City of Atlantic Beach, whereas references to the Cities shall
mean all Duval County local governments or the City of Jacksonville
as expressed by the specific responsibility or reference. )
I. PUBLIC SCHOOL FACILITIES ELEMENT
TABLE OF CONTENTS
PUBLIC SCHOOL FACILITIES ELEMENT 2
GOAL 1.1: COORDINATE AND MAINTAIN HIGH QUAILITY EDUCUATION 2
OBJECTIVE 1.1.1 COORDINATION AND CONSISTENCY 2
GOAL 1.2: PUBLIC SCHOOL FACILITY SITING AND 3
DEVELOPMENT COORDINATION
OBJECTIVE 1.2.1 PUBLIC SCHOOL FACILITIES AND AVIALABILITY 3
OBJECTIVE 1.2.2 ENHANCE COMMUNITY/SCHOOL DESIGN 6
OBJECTIVE 1.2.3 COORDINATE LAND USE AND SCHOOL CAPACITY 7
GOAL 1.3: IMPLEMENT SCHOOL CONCURRENCY 8
OBJECTIVE 1.3.1 AMENDING ADOPTED LEVEL OF SERVICE STANDARDS 8
OBJECTIVE 1.3.2 SCHOOL CONCURRENCY SERVICE AREAS 9
OBJECTIVE 1.3.3 PROCESS FOR SCHOOL CONCURRENCY IMPEMENTATION 9
OBJECTIVE 1.3.4 PROPORTIONATE SHARE MITIGATIONS 12
OBJECTIVE 1.3.5 CAPITAL FACILITIES PLANNING 14
DEFINITIONS
15
EXISTING LOCATIONS OF DCPS PUBLIC ELEMENTARY SCHOOLS 17
EXISTING LOCATIONS OF DCPS PUBLIC MIDDLE SCHOOLS 18
EXISTING LOCATIONS OF DCPS PUBLIC HIGH SCHOOLS 19
EXISTING LOCATIONS OF DCPS ANCILLARY AND ADMINISTRATIVE FACILITIES 20
PLANNED LOCATIONS OF DCPS PUBLIC SCHOOLS 21
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
Page 1 of 21
Comprehensive Plan Public Schools Facilities Element
Goals. Objectives and Policies
I. Public Schools Facilities Element
Goal 1.1
COORDINATE AND MAINTAIN HIGH QUALITY EDUCATION
The City shall collaborate and coordinate with the Duval County Public Schools (DCPS),
the City of Jacksonville and the other Duval County municipalities to ensure that the public
school system offers a high quality educational environment, provides accessibility for all
its students, and ensures adequate school capacity to accommodate existing and future
population.
Objective I. 1.1 Coordination and Consistency
The City shall establish coordination review procedures to ensure consistency of its
Comprehensive Plan with the plans of the DCPS, the City of Jacksonville and the other
municipalities.
Policy 1.1.1.1 It is the intent of this element that the policies included herein shall be applied to
the City, unless specifically noted or where clearly not applicable to the City of
Atlantic Beach.
Policy 1.1.1.2 Staff shall meet in joint workshop sessions with staff from DCPS, the City of
Jacksonville and the other municipalities on an as needed basis, but at a
minimum of twice per year, to provide opportunities to discuss issues of mutual
concern.
Policy 1.1.1.3 The City shall meet with the DCPS and the legislative bodies of the City of
Jacksonville and the other municipalities on an annual basis in a joint workshop
or meeting session to discuss issues regarding coordination of land use and
school facilities planning, including population and student growth, development
trends, school sitings, school needs, school concurrency, co-location and joint-
use opportunities, and ancillary infrastructure improvements needed to support
and ensure safe student access.
Policy 1.1.1.4 The City shall coordinate and base its plans upon consistent projections of the
amount, type, and distribution of population growth and student enrollment which
are consistent with those of the DCPS, the City of Jacksonville and the other
municipalities. The Interlocal Agreement shall establish the methodology to be
used to determine school enrollment projections to be used in preparing the
DCPS Five-Year Capital Plan, and the methodology to be used to determine
school enrollment and capacity to be used in concurrency testing. At a minimum,
the methodology shall include consideration of both students anticipated from
projected new housing stock and enrollment projected to occur from existing
housing stock, and that each of these components of projected student
enrollment be set out for each concurrency Service Area by type of school, or a
functional equivalent. To ensure that the City's Capital Improvement Plan and
the concurrency Management System are financially feasible, the City of
Jacksonville shall confirm that the student enrollment projections from new
housing stock in each concurrency Service Area are consistent with the
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
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Comprehensive Plan Public Schools Facilities Element
Goals. Objectives, and Policies
population projections for that Concurrency Service Area. The City will annually
revise its Five-year population projections and update information and provide
those revised projections and information to the DCPS, the City of
Jacksonville and the other municipalities in order that DCPS annually update
its school enrollment projections.
Policy 1.1.1.5 At the time of adoption of the Public School Facilities Element (PSFE), the City
shall coordinate and share data with DCPS including an inventory of reserved
capacity that existed prior to the effective date of the City' School Concurrency
Ordinance, approval and a projection of the number of these residential units that
are anticipated to receive certification of occupancy approval in the next five
years, and the identification of any development orders issued which contained a
requirement for the provision of a school site as a condition of the development
approval.
Policy 1.1.1.6 On an ongoing basis, the City will provide the DCPS with data, including
information regarding the type, number, and location of residential units which
have received zoning approval, site plan approval, a building permit, or a
Certificate of Occupancy and a draft Capital Improvements Plan (CIP) with the
final version of the CIP to be submitted by the City to the DCPS after official
adoption. Information regarding the conversion or redevelopment of housing or
other structures into residential units that are likely to generate new students
shall be provided.
Policy 1.1.1.7 By December of each year, the City shall consider for adoption the DCPS Five-
Year Capital Facilities Plan to the extent that it relates to school capacity to
ensure maintenance of a financially feasible capital improvements program and
to ensure level of service standards will be achieved and maintained by the end
of the 5-year planning period. If the City determines that the DCPS Five Year
Capital Facilities Plan is not financially feasible, then the City shall notify the
DCPS that the Five Year Capital Facilities Plan is not financially feasible, and
request that DCPS modify the Five Year Capital Facilities Plan to make it
financially feasible.
Goal 1.2
PUBLIC SCHOOL FACILITY SITING AND
DEVELOPMENT COORDINATION
It is the goal of the City to maintain and enhance joint planning processes and procedures
for coordination with the DCPS, the City of Jacksonville and the other municipalities of
public education facilities for planning and decision-making regarding population
projections, public school siting, and the development of public education facilities
concurrent with the residential development and other services.
Objective 1.2.1
Public School Facility and Availability
The City shall coordinate with DCPS, the City of Jacksonville and the other municipalities
to establish a process of coordination and collaboration between the Cities and the DCPS
in the planning, siting and construction of educational facilities, so that timing is proper
and the site location is compatible with the surrounding area, concurrent with necessary
service and infrastructure, and consistent with the City's Comprehensive Plan.
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
Page 3 of 21
Comprehensive Plan Public Schools Facilities Element
Goals, Objectives, and Policies
Policy 1.2.1.1 The City will coordinate with the DCPS to assure that proposed public school
facility sites in the County are consistent with the applicable land use categories
and policies of the applicable Comprehensive Plan. Pursuant to Florida Statutes,
each City will consider each site, within its boundaries, as it relates to
environmental, health, safety, and welfare concerns, as well as the effects on
adjacent property.
Policy 1.2.1.2 The City will coordinate with the DCPS for the selection of future school sites
within the County as to aspects related to:
(a) Acquisition of school sites which: (i} allow for future expansions to
accommodate future enrollment, in accordance with the adopted level of
service (LOS) standards and other facility needs; (ii) coordinate with the
City's development and redevelopment objectives; and (iii) are deemed
beneficial for joint uses, as identified by the DCPS and the City, to the
extent feasible; and
(b) Coordination of the location, phasing, and development of future school
sites to ensure that site development occurs in conjunction with the
provision of required infrastructure to serve the school facility.
Policy 1.2.1.3 The City shall coordinate with the DCPS in the school site selection process to
encourage the location of new schools within areas designated for development
on the Future Land Use Map.
Policy 1.2.1.4 At the request of the DCPS, the City will assist the DCPS and the JPC in
reviewing and recommending potential sites for new schools, proposed school
closures, and significant school expansion projects, and making
recommendations to the Superintendent.
Policy 1.2.1.5 The City shall coordinate with the DCPS to establish a procedure for timely
review of development for new public school facilities.
Policy 1.2.1.6 Public schools shall be located so as to provide direct access to collector or
arterial roadway system, where feasible.
Policy 1.2.1.7 The City shall coordinate with the DCPS to evaluate and seek to locate potential
sites where the co-location of public facilities, such as parks, libraries, and
community centers, with schools can be accomplished.
Policy 1.2.1.8 Schools are an allowable land use in all future land use categories, except for
heavy industrial and conservation, subject to the following criteria:
(a) In the planning, land acquisition, and development, new school sites, or
significant renovations, expansions and potential closures of existing
schools, the City will evaluate the following factors:
1) Whether the area contains or will contain a student population density
sufficient to support the school;
2) Whether a school in that location would be consistent with sound facility
planning, including consideration of overall costs and design;
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
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Comprehensive Plan Public Schools Facilities Element
Goals, Objectives, and Policies
3) Whether the school site is of sufi'tcient size to accommodate the
required parking and circulation of vehicles;
4) Whether anticipated unacceptable impacts to the environment and
significant environmental constraints would preclude a school on the
site;
5) Whether development of the school would result in unacceptable
impacts on archeological or historic sites listed in the National Register
of Historic Places or designated by the City as locally significant;
6) Whether the location of site is located within the area of velocity flood
zone or floodway, as delineated on pertinent maps identified or
referenced in the City's Comprehensive Plan or Land Development
Regulations;
7) Whether or not the proposed location lies within an area regulated by
Section 333.03(3), F.S., regarding the construction of public facilities in
the vicinity of an airport;
8) As to elementary school sites, whether the site is proximate to and
within walking distance of the residential neighborhoods it is intended to
serve, thereby encouraging the use of elementary schools as focal
points for neighborhoods.
9) As to middle and high school sites, whether the site is conveniently
located to the residential neighborhoods it is intended to serve, and has
access to major roads;
10) Whether the new school site, significant renovation, expansion or
potential closure will support community redevelopment and
revitalization;
11) Whether the new school site, significant renovation, expansion or
potential closure will increase or diminish the current and projected level
of service within the concurrency service area, and contiguous
concurrency service areas.
(b) The facility shall be of a design, intensity, and scale to serve the
surrounding neighborhood and be compatible with the surrounding land
uses and zoning.
Policy 1.2.1.9 The City shall protect schools from the intrusion of incompatible land uses as
determined by the City's Land Development Regulations, by providing the DCPS
the opportunity to participate in the review process for all proposed developments
adjacent to schools.
Policy 1.2.1.10 The City shall coordinate with the DCPS to ensure that the future school facilities
are located outside areas susceptible to hurricane and/or storm damage, and/or
areas prone to flooding, or as consistent with Chapter 1013 F.S. regarding flood
plain and school building requirements.
Policy 1.2.1.11 The emergency management officials of the City shall coordinate with the DCPS
facilities staff to identify schools, both existing and proposed, which can serve as
emergency shelter sites, as well as identify and make available to the DCPS any
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
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Comprehensive Plan Public Schools Facilities Element
Goals, Objectives, and Policies
grants or other monies for use in preparing a structure as an emergency shelter
site.
Policy 1.2.1.12 The DCPS and the Cities will jointly determine the need, responsibility for
providing, and timing of any on or off-site infrastructure improvements necessary
to support a new school located in the City. To the extent that the proposed
renovation or expansion of an existing school located in the City affects on or off-
site infrastructure improvements, the same determination shall be made for the
proposed renovation or expansion.
Objective 1.2.2 Enhance Community/School Desian
The City shall coordinate with DCPS .to enhance community and neighborhood design
though establishing effective school facility design and siting standards thereby
encouraging the siting of school facilities to serve as community focal points and to be
compatible with surrounding land uses.
Policy 1.2.2.1 The City shall coordinate with the DCPS in order to provide consistency with the
City's Comprehensive Plan and public school facilities program, and to provide
for the following desirable outcomes:
(a) Greater efficiency by the placement of schools to take advantage of the
existing and planned roads, water, sewer, parks, and drainage systems;
(b) Improved student access and safety by coordinating the construction of
new and expanded schools with roads and sidewalk construction programs;
(c) The location and design of schools with parks, ball fields, libraries, and
other community facilities to take advantage of shared use opportunities;
and
(d) The expansion and rehabilitation of existing schools to support
neighborhoods and redevelopment.
(e) The City shall coordinate any updates to its future land use map with the
DCPS and the DCPS shall coordinate any updates to the long range public
school facilities map with the City.
Policy 1.2.2.2 The City shall coordinate with DCPS to seek to provide for the shared-use and
co-location of school sites and local government facilities with similar facility
needs, such as libraries, parks, and recreation facilities, and health care facilities.
The City will look for opportunities to co-locate and share local government
facilities when preparing updates to the Comprehensive Plan's schedule of
capital improvements and when planning and designing new or renovating
existing, community facilities.
Policy 1.2.2.3 Where continued use of an existing school which is considered a locally
significant building is not feasible, the City shall seek to coordinate with DCPS to
provide for the adaptive reuse of that locally significant building.
Policy 1.2.2.4 New residential developments adjacent to schools which do not prohibit school
aged residents shall be required to provide a direct access that is safe for
pedestrian travel to existing and planned school sites, and shall connect to the
neighborhood's existing pedestrian network.
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
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Comprehensive Plan Public Schools Facilities Element
Goals. Objectives and Policies
Policy 1.2.2.5 The City shall coordinate with the DCPS to ensure that pedestrian and bicycle
facilities are provided adjacent to school sites located in the City to allow for the
safety of pedestrians and bicyclists.
Policy 1.2.2.6 The City shall coordinate with the DCPS to find opportunities to collaborate on
public transit and public school bus routes to better serve citizens and students.
Policy 1.2.2.7 The City shall encourage the DCPS to use sustainable design and performance
standards, such as using energy efficient and recycled materials, to reduce
lifetime costs, where feasible.
Objective 1.2.3
Coordinate Land Use with School Capacity
The City will coordinate proposed changes to future land use, rezoning, and developments
of regional impact for residential development with adequate school capacity. This
objective will be accomplished recognizing the DCPS statutory and constitutional
responsibility to provide a uniform system of free and adequate schools.
Policy 1.2.3.1 The City will provide an electronic copy, or otherwise make available
electronically, to the DCPS, copies of all land use applications and development
and redevelopment proposals pending before them that may affect student
enrollment, enrollment projections, or school facilities, as provided in the
amended Interlocal Agreement.
Policy 1.2.3.2 The City will coordinate with DCPS to establish plan review procedures to
manage the timing of Future Land Use Map amendments and other land use
decisions so that these decisions coordinate with adequate school capacity.
Policy 1.2.3.3 The City will take into consideration the DCPS comments and findings on the
availability of adequate school capacity in the evaluation of comprehensive plan
amendments, and other land use decisions as provided in Section
163.3177(6)(a), F.S. and development of regional impacts as provided in
1380.06, F.S.
GOAL 1.3
IMPLEMENT PUBLIC SCHOOL CONCURRENCY
The Cities shall ensure the future availability of public school facilities to serve
development consistent with the adopted level of service standards. This goal will be
accomplished recognizing the DCPS statutory and constitutional responsibility to provide
uniform system of free and adequate public schools, and the Cities' authority for land use
control and management, and their joint responsibility to maintain the adopted level of
service standards.
Objective 1.3.1 Adoated Level of Service (LOS1 Standards
Through the implementation of its concurrency management systems and in coordination
with the DCPS, the Cities shall ensure that the capacity of schools is sufficient to support
new residential developments at the adopted level of service (LOS) standards within the
period covered in the five-year schedule of capital improvements and the long range
planning period. These standards shall be consistent with the Interlocal Agreement agreed
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
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Comprehensive Plan Public Schools Facilities Element
Goals. Objectives and Policies
upon by the DCPS, the City of Jacksonville and the other municipalities. Minor deviations
to the LOS standards may occur, so long as they are limited, temporary and with
scheduled capacity improvements, school capacity is maximized to the greatest extent
feasible.
Policy 1.3.1.1 The LOS standards set forth herein shall be applied consistently for the purpose
of implementing school concurrency, including determining whether sufficient
school capacity exists to accommodate a particular development application, and
determining the financial feasibility of DCPS Five-Year Capital Facilities Plan and
the City's Capital Improvement Plan.
Policy 1.3.1.2 The uniform LOS standards for all public schools including magnets and
instructional facility types, shall be 105% of the permanent Florida Inventory of
School House (FISH) capacity, plus portables, based on the utilization rate as
established by the State Requirements for Educational Facilities (SREF).
(a} The designated middle schools in CSA 5 shall be identified as backlogged
facilities and an interim level of standard within CSA 5 shall be 115% until
January 1, 2018, after which the uniform LOS standard shall apply.
(b) The implementation of long term concurrency management shall be
monitored to evaluate the effectiveness of the implemented improvements
and strategies toward improving the level of service standards for middle
schools in CSA 5 over the 10-year period.
(c) The Cities shall adopt DCPS Long Range Capital Improvements Plan as
the 10-year long-term schedule of improvements for the purpose of
correcting existing deficiencies and setting priorities for addressing
backlogged facilities within CSA 5. The long-term schedule includes capital
improvements and revenues sufficient to meet the anticipated demands for
backlogged facilities within the 10-year period. The long-term schedule
improves interim level of service standards for backlogged facilities and
ensures uniform LOS, as established in policy above, is achieved by 2018.
The long-term schedule will be updated by December 1st of each year, in
conjunction with the annual update to the DCPS Five-Year Capital Facilities
Plan and the Cities' Capital Improvements Elements.
(d) The Cities' strategy, in coordination with DCPS, for correcting existing
deficiencies and addressing future needs includes:
1. Implementation of a financially feasible Five Year Capital Facilities Plan
to ensure level of service standards are achieved and maintained;
2. Implementation of interim level of service standards within designated
concurrency service areas with identified backlogged facilities in
conjunction with along-term (10-year) schedule of improvements to
correct deficiencies and improve level of service standards to the
district-wide standards;
3. Identification of adequate sites for funded and planned schools; and
4. The expansion of revenues for school construction.
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-0T
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Comprehensive Plan Public Schools Facilities Element
Goals Objectives and Policies
Policy 1.3.1.3 The uniform LOS standards may only be amended by agreement of the City of Jacksonville,
the DCPS and all other munidpalities. Such agreement must be reflected in amendment of
the Interlocal Agreement relating to schools. The revised LOS standard shall not become
final until the Interlocal Agreement has been amended. No level of service shall be
amended without a showing that the proposed LOS is financially feasible. The
LOS will be achieved and maintained by the end of the five-year planning period.
Objective 1.3.2 School Concurrencv Service Areas (CSAs
The Cities' shall coordinate with DCPS to establish Concurrency Service Areas (CSAs), as
the areas within which an evaluation is made of whether adequate school capacity is
available based on the adopted level of service standards.
Policy 1.3.2.1 The City shall enter into an Interlocal Agreement with the DCPS, the City of
Jacksonville and other municipalities in Duval County to establish CSAs to be
used as the basis of school concurrency determinations. The CSAs shall be
delineated so as to maximize available school capacity and make efficient use of
new and existing public school facilities in accordance with the adopted LOS
standards, taking into consideration the following criteria:
(a) Maximization of school facilities
(b) Minimize transportation costs
(c) Limiting student travel time
(d) Requirements of court-approved desegregation plans
(e) Achieving socioeconomic, racial, and cultural diversity objectives
(f) Recognizing capacity commitments resulting from local governments'
development approvals for the CSA and contiguous CSAs.
Policy 1.3.2.2 The CSA designations may only be amended by agreement of the City of Jacksonville, the
DCPS and all other muniapalities, after receiving oommerrts from the Joint Planning
Committee and the ILA Team. Such agreement must be reflected in an amendment to the
Interlocal Agreement relating to schools. The revised CSA designations shall not become
final until the Interlocal Agreement has been amended.
Policy 1.3.2.3 There shall be Concurrency Service Areas established for Duval County for
elementary and high schools, and Concurrency Service Areas for middle
schools as depicted on the CSA maps attached to the adopted Interlocal
Agreement.
Objective 1.3.3 Process for School Concurrencv Implementation
In coordination with the DCPS, the Cities will establish a process for implementation of
school concurrency which includes applicability and capacity determination and
availability standards, and school capacity methods. The City shall manage the timing of
new residential development approvals to ensure adequate school capacity is available
consistent with adopted level of service standards for public school concurrency.
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
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Comprehensive Plan Public Schools Facilities Element
Goals. Objectives and Policies
Except as provided in policies below, school concurrency applies only to residential uses
that generate demands for public school facilities and are proposed or established after
the effective date of the School concurrency Ordinances.
Policy 1.3.3.1 The City of Jacksonville in consultation with DCPS and the other municipalities
shall establish a uniform methodology for determining capacity. Capacity will be
defined as: a) the number of student stations as established in the permanent
FISH, plus portables; and b) Proposed changes to permanent FISH capacity as a
result of construction, rehabilitation, or other changes in school capacity which
will commence in the first three (3) years of the Five-Year Capital Facilities Plan.
Policy 1.3.3.2 The DCPS will be responsible for "concurrency testing" of any new residential
development projects. This process will involve applying the adopted student
generation rate to the development project to determine the number of students
in each school type and then evaluating whether or not the schools in the
appropriate concurrency Service Area (CSA) or the adjacent concurrency
areas have sufficient excess capacity to absorb the new students.
Policy 1.3.3.3 The following residential uses shall be considered exempt from the requirements
of school concurrency due to the lack of impact on the school facilities or the
accommodations made for schools.
(a) Age restricted communities.
(b) Any development with a de minimus impact as defined as any residential
development of 20 units or less, subject to land development regulation
aggregation criteria.
Policy 1.3.3.4 In evaluating a proposed residential development for concurrency, any relevant
improvements which are committed or planned in the Five-Year Capital Facilities
Plan and the Capital Improvement Plan, shall be considered available capacity
for the project and factored into the level of service analysis. Any relevant
improvements which will commence construction after the 3rd year of the Five-
Year Capital Facilities Plan shall not be considered available capacity for the
project unless either: (i) funding and a schedule to accelerate the improvement
into the first three years is assured through DCPS; (ii) funding for the
improvements which are scheduled to commence in years four or five is provided
through proportionate share mitigation; (iii) the developer and the DCPS agrees
to accelerate the construction and funding of the facility to be moved into first
three years; or (iv) some other means. Also, any projected reduction in the
number of students enrolled in the CSA or adjacent CSA will be considered as
additional available capacity. The City shall not deny an application for site plan,
final subdivision approval, or the functional equivalent for a development or
phase of a development authorizing residential development for exceeding the
adopted level of service, where adequate school facilities will be in place or
under construction within three years after the issuance of final subdivision or site
plan approval, or the functional equivalent. If the adopted LOS standard cannot
be met in the particular CSA as applied to an application for a development
permit, and if the needed capacity for the particular service area is available in
one or more contiguous CSAs, as adopted by the City, then the City may not
deny an application for site plan or final subdivision approval, or the functional
equivalent for a development or phase of a development on the basis of school
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Goals, Obiectives, and Policies
concurrency, and, if issued, development impacts shall be shifted to contiguous
CSAs with schools having available capacity.
Policy 1.3.3.5 The City will approve final development orders for residential projects, only after
the applicant has complied with the terms of the School concurrency Ordinance.
Policy 1.3.3.6 In any instance where the DCPS, in consultation with the City, has
determined that a proposed development will cause level of service standards
for schools to be exceeded within the testing period in both the affected School
concurrency Service Area and the adjacent School concurrency Service areas,
then the City shall coordinate with the applicant for the proposed development and
the DCPS to determine whether improvements will be in place or under actual
construction within three years after issuance of final subdivision or site plan
approval, or the functional equivalent, sufficient to provide adequate capacity to
meet the adopted level of service. If adequate capacity does not exist, then the City
will coordinate with the applicant for the development and the DCPS to determine
whether improvements are planned in the Capital Improvement Plan with adequate
capacity after the 3'~ year of the Capital Facilities Plan. The City will also request
that the DCPS determine whether it has the capacity to further maximize school
usage in the system to accommodate the anticipated impact without requiring the
construction of new school facilities.
After all alternatives to providing sufficient capacity to provide for the adopted level
of service are considered and determined not to be feasible, the City, the applicant
and the DCPS may: (i) enter into a mitigation agreement whereby the applicant will
pay for his proportionate share of the impacts; or (ii) some other form of acceptable
mitigation will be provided, and upon payment of the proportionate share
mitigation, the developer will be allowed to proceed with development. If no
mitigation agreement can be reached that is acceptable to all parties, and
proportionate share mitigation is not feasible, then the school capacity
deficiency shall be a basis for denial of the application.
Policy 1.3.3.7 The City will issue a School concurrency Determination only upon:
(a) Determination that adequate school capacity to serve the development (or
anticipated phase of the development which will be constructed in the first
three years) will be in place or under actual construction within 3 years after
the issuance of the final subdivision or site plan approval, or the functional
equivalent; or
(b) The execution of a legally binding mitigation agreement between the
applicant, the DCPS and the City.
Policy 1.3.3.8 Where a proportionate share agreement is required, capacity shall be reserved
as specifically defined by an approved mitigation agreement between DCPS, the
developer and the City that includes a perFormance schedule and phased
payments.
Policy 1.3.3.9 The school concurrency system shall provide that concurrency application may
be applied for and a concurrency determination made at any time prior to the
issuance of a development order.
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
Page 11 of 21
Comprehensive Plan Public Schools Facilities Element
Goals Objectives and Policies
Objective 1.3.4 Proaortionate Share Mitigation
The City shall establish a procedure for coordinating with the DCPS and applicants to
provide for proportionate share mitigation in appropriate circumstances.
Policy 1.3.4.1 The City shall establish standards, procedures, and methodologies for the
application of proportionate share mitigation.
Policy 1.3.4.2 The City shall establish a procedure and methodology to assure that in the event
that there is not sufficient capacity in the affected or adjacent CSA to address the
impacts of a proposed residential development and acceptable mitigation is
agreed to, the mitigation found acceptable shall be incorporated into the final
development order.
Policy 1.3.4.3 The City and DCPS shall develop a procedure and methodology to determine the
proportionate share within the CSAs.
Policy 1.3.4.4 Mitigation shall be allowed where feasible, for those developments that cannot
meet the adopted level of service standards set forth in Policy 3.1.2. The
applicant shall initiate in writing a mitigation negotiation period with the DCPS in
order to establish an acceptable form of mitigation, pursuant to Section
163.3180(c), F.S., the Cities' School Concurrency Ordinances, and this
agreement. Mitigation shall be negotiated and agreed to by the DCPS and shall
be sufficient to offset the demand for public school facilities projected to be
required by the development.
Acceptable forms of mitigation shall include but not be limited to:
(a) The donation, construction, or funding of school facilities sufficient to offset the demand for
public schools created by the proposed development such as: a developer signs a
development agreement and builds a new or improves an existing school or schools to
specifications and under a business arrangement satisfactory to the DCPS and the city.
Improvements to existing schools will only be acceptable if they add permanent student
station and associated core space capacity, if needed.
(b) Land acquisition or contribution such as: a developer signs a development agreement or is
subject to a conditional zoning requiring donation of land satisfactory to the DCPS and the
city. Land must be demonstrated to contain the minimum number of buildable acres
determined by the DCPS and the city as required for a particular school type, as
Evidenced by a report by a licensed environmental consultant acceptable to the DCPS.
(c) Expansion of existing permanent school facilities subject to the expansion being consistent
with DCPS standards for a school of the same category;
(d) Establishment of a Charter School with facilities constructed in accordance with the State
Requirements for Educational Facilities (SREF);
(e) Mitigation banking within designated areas based on the construction of a public school
facility in exchange for the right to sell capacity credits. Capacity credits shall be sold to
developments within the same CSA or adjacent CSA;
(f) Proportionate Share mitigation as set forth in section 163.3180(13) (e), Florida Statutes.
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
Page 12 of 21
Comprehensive Plan Public Schools Facilities Element
-- Goals Objectives and Policies
Policy 1.3.4.5 By December 1st of each year, the City in coordination with DCPS, shall update
its Capital Improvement Plan to incorporate those changes made by the DCPS in
its Capital Facilities Plan and committed improvements required by development
orders or other approved mitigation plans. DCPS may accelerate the provision of
one or more schools that serve the development's capacity needs. The DCPS
wilt update the Five-year Capital Facilities Plan by October of each year in
advance of the annual December update.
Policy 1.3.4.6 Proposed mitigation must be directed toward permanent school capacity
improvement identified in or amended into the DCPS financially feasible Five-
Year Capital Facilities Plan, which satisfies the demands created by the
proposed development. Relocatable classrooms will not be accepted as or used
as mitigation.
Objective 1.3.5 School Caaital Facilities Planning
The City shall cooperate with the DCPS to ensure existing deficiencies and future needs
are addressed with the adopted level of service standards for public schools.
Policy 1.3.5.1 The City shall implement its school concurrency management system established
pursuant to Policies contained in Objective 1.3.2 through 1.3.4.
Policy 1.3.5.2 Consistent with Section 163.3177 (12) (h), Florida Statutes, the PSFE shall
include future condition maps showing existing and anticipated schools over the
five-year or long term planning period. The maps of necessity may be general
over the long-term planning period and do not prescribe a land use on a
particular parcel of land.
DEFINITIONS
Ancillary Plant - A building or facility necessary to provide district wide support services, such as
energy plant, bus garage, warehouse, maintenance building, or administrative building.
Auxiliary Facility -The spaces located at educational plants which are not designated for
student occupant stations.
Available Capacity - A factor to be used to determine school concurrency that is determined by
current permanent FISH capacity plus portables plus planned additional permanent seats plus
portables over the applicable testing period according to the CIE less current student enrollment
(for testing in the current year) or projected enrollment (for testing in year 3) based on State
COFTE, adjusted to remove students generated by projected new housing stock (see Policy 1.1.4
in the PSFE).
Capacity -The number of students that may be housed in a facility for the testing period based
upon the permanent FISH capacity calculations plus portables.
Capital Improvements -Physical assets constructed or purchased to provide, improve or
replace a public facility and which are large scale and high in cost. The cost of capital
improvement is generally nonrecurring and may require multi-year financing.
Class Size Reduction -A provision to ensure that by July 1, 2010, there are sufficient number of
classrooms in a public school so that:
1. The maximum number of students who are assigned to each teacher in the public
classrooms for pre-kindergarten through 3`d grade does not exceed 18 students;
Z. The maximum number of students who are assigned to each teacher in the public
classrooms for 4th grade through 8th grade does not exceed 22 students; and
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
Page 13 of 21
Comprehensive Plan Public Schools Facilities Element
Goals Objectives and Policies
3. The maximum number of students who assigned to each teacher in the public classrooms
for 9th grade through 12th grade does not exceed 25 students.
Core Facility -The cafeteria, media center, gymnasium, toilet facilities and circulation space of
an educational facility.
Concurrency -With regard to the provision of facilities and services, the assurance that the
necessary public facilities and services to maintain the City's adopted level of service standards
are available when the impacts of development occur.
Concurrency Management System -The procedures and/or process the City will use to assure
that development orders and permits when issued will not result in a reduction of the adopted
level of service standards at the time the impact of the development occurs. Applied to schools,
such a process is called a school concurrency management system. Applied to streets and
highways, such a system is called a transportation concurrency management system.
Concurrency Service Areas (CSAs) -The designation of an area within which the level of
service will be measured when an application for a residential development order is reviewed.
Concurrency Requirement - A growth management tool for ensuring the availability of adequate
public facilities and services to maintain adopted levels of service necessary to accommodate the
impacts of development.
Cost per Student Station -Cost per Student Station includes all costs of providing instructional
and core capacity facilities as published in the Educational Specifications, State Requirements for
Educational Facilities (SREF), Florida Building Code and designed using the standards listed in
the Facilities Services Design Guidelines developed by the School District, including school facility
construction cost, hurricane hardening of structures, required on and off-site infrastructure costs,
including land, professional fees for architects, engineers, construction managers, design, DCPS
athletic costs, buildings, equipment, furniture, and site improvements.
Developer -Any person, including governmental agency undertaking any development.
Development Order -Means an order granting, or granting with conditions an application for a
building permit.
Development Permit -Means any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance, or any other official action of local government having
the effect of permitting the development of land.
Duval County Public Schools (DCPS) -The Duval County Public Schools District
Educational Facilities -The public buildings and equipment, structures, and special educational
use areas that are built, installed or established to serve educational purposes only.
Educational Facilities Work Plan -The listing of capital outlay projects for afive-year period
that is adopted by the DGPS as part of the educational facilities plan. The work plan must include
a schedule of major repair and renovation projects necessary to maintain the educational and
ancillary facilities and a schedule of capital outlay projects necessary to ensure the availability of
satisfactory student stations for the projected student enrollment in K-12 programs.
Education Plant Survey - A systematic study of educational and ancillary facilities conducted
every five years, to evaluate existing facilities, and to plan for future facilities to meet proposed
program needs.
Financial Feasibility - An assurance that sufficient revenues are currently available or will be
available from committed or planned funding sources for the 5-year capital improvements
schedule.
Five-Year Capital Facilities Plan -The adopted DCPS Five-Year Work Plan and Capital
Improvements Budget as authorized by Section 1013.35, Florida Statutes.
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
Page 14 of 21
Comprehensive Plan Public Schools Facilities Element
Goals Objectives and Policies
Florida Inventory of School Houses (FISH) Capacity -The report of the permanent capacity of
existing public school facilities. The FISH capacity is the number of students that may be housed
in a facility (school) at any given time based on a percentage of the total number of existing
student stations and a designated size for each school type, based on the Department of
Education (DOE) formulas.
Grade Level -Pre-Kindergarten - 5t"grade, 6t" - 8t" grade, and 9t" - 12t" grade.
Infrastructure -Those man-made structures which serve the common needs of the population,
such as: sewage disposal systems; potable water systems; potable water well serving a system;
solid waste disposal sites or retention areas; Stormwater systems; utilities; piers; docks; wharves;
breakwaters; bulkheads' seawalls; bulwarks; revetments; causeways; marinas; navigation
channels; bridges and roadways.
Interlocal Agreement - an Agreement among the DCPS, the City, the City of Jacksonville and
the other municipalities containing the specific details of the school concurrency management
system for all of Duval County, including the establishment of a process and uniform methodology
for determining proportionate share mitigation. A school concurrency management system cannot
be created by a single local government body acting alone.
ILA Team - A committee of members representing the DCPS, the City, the Office of General
Counsel, and the Cities of Atlantic, Neptune and Jacksonville Beaches and the Town of Baldwin.
Joint Planning Committee - A committee of elected and citizen members which provides advice
to the DCPS, the Jacksonville City Council, and the other municipalities.
Level of Service (LOS) Standards - A standard established to measure utilization or capacity of
a facility, expressed as the percentage or ratio of student enrollment to the capacity of the school.
Maximized Utilization -the use of student capacity at each school to the greatest extent
possible, based on the adopted LOS and the total number of permanent student stations
according to FISH inventory, taking into considerations such as, core capacity, special programs,
transportation costs, geographic impediments, court ordered desegregation, and class size
reduction requirements to prevent disparate enrollment levels between schools of the same type
and provide equitable distribution of student enrollment district-wide.
Mitigation Banking -The means by which a residential developer or a group of developers may
front the cost of contributing land or constructing school facilities and be reimbursed by future
residential development.
Other Municipalities -The City of Atlantic Beach, City of Jacksonville Beach, City of Neptune
Beach, and the Town of Baldwin.
Permanent FISH Capacity -Permanent FISH capacity, plus portables, for each school type,
based on the utilization rate as established by the State Requirements for Educational Facilities
(SREF).
Permanent Student Station - An area within a school that provides instructional space for a
student, as specified by the FISH inventory.
Proportionate Share Mitigation - A developer funded improvement or contribution identified in a
binding and enforceable agreement between the developer, DCPS, and the City to provide
compensation for the additional demand on deficient public school facilities created through
residential development.
Public Facilities -Major capital improvements including but not limited to, transportation,
sanitary sewer, solid waste, drainage, potable water, education, parks and recreation, health
systems and facilities, and spoil disposal sites for maintenance dredging located in the
Intracoastal waterways, except for spoil disposa
403.021 (9)(b).
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
I sites owned or used by ports listed in Section
Page 15 of 21
Comprehensive Plan Public Schools Facilities Element
Goals Objectives and Policies
Public School Facilities Element (PSFE) -The specific details contained in the interlocal
agreement must become part of each local government's comprehensive plan. This element must
be based an data and analysis and contain goals, objectives and policies as set forth in Section
163.3177 (c)-(h), Florida Statutes and Rule 9J-5.025 FAC. Among other things, The Element must
establish the options for proportionate share mitigation of impacts on school facilities.
Residential Development -Any development that is comprised of dwelling units, in whole or in
part, for permanent human habitation.
School Concurrency Determination - DCPS identifying if school capacity is available to serve a
residential development project.
School Concurrency Ordinance -The legislation adopted by the City implementing its
cancurrency management system.
School Type -Elementary, Middle, and High School
State Requirements for Educational Facilities (SREF) -The Florida Department of Education's
standards regulating the construction of educational facilities.
Student Generation Rate -Student Generation Rate shall be calculated for each school type by
dividing the total number public school students actually enrolled in that school type in Duval
County by the number of total housing units for the same year.
EXHIBIT A -City of Atlantic Beach Ordinance 31-09-07
Page 16 of 21
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