Replacement Pages for Adopted Public School Facilities Element v CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904)247-5826
\Ts\ FAX: (904)247-5845
www.coab.us
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March 30, 2009
Mr. Ray Eubanks
Plan Review and Processing Administrator
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: City of Atlantic Beach — Replacement pages for adopted Public School Facilities Element
with minor revisions as requested by DCP/DCA
Dear Mr. Eubanks:
Enclosed please find three sets of replacement pages for the City's adopted Public School
Facilities Element. In reviewing our adopted PSFE, Joseph Addae-Mensa requested that we make
several clerical corrections,which include and are limited to the following:
• Pages 7,8,9 — Goal I.3, Objective I.3.1, Policy I.1.3.1.2 (c) and (d), Objective I.3.3:
revise "Cities" (plural) to "City" (singular)
• Page 10 — Policy I.3.3.1: revise City of Jacksonville to City of Atlantic Beach
• Page 12 —Policy I.3.4.4: correct Statutory reference numerical "typo"
Joseph requested that these changes be made and that I forward the appropriate replacement
pages to you. For convenience, I have attached a copy with these revisions highlighted to this
letter. I have confirmed with our City Attorney that no further procedural requirement is
needed in that these clerical changes are non-substantive scrivener corrections. The City's
official document of record will be revised accordingly.
Please do not hesitate to contact me with any questions or if additional information is needed.
Sincerely,Sonya Doerr, AICP
Planning and Community Development Director
Enclosures(3 sets)
cc: Joseph Addae-Mensa,DCA Division of Community Planning
Donna Bartle, CMC, City Clerk
Comprehensive Plan Public Schools Facilities Element
Goals,Obiectives,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. )4,eie;c,ter 6in
•
GOAL 1.3 .0.3/3.01
IMPLEMENT PUBLIC SCHOOL CONCURRENCY
The City 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 Adopted Level of Service (LOS) Standards
Through the implementation of its concurrency management systems and in coordination
with the DCPS, the City 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 Page 7 of 21
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 City 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 City's 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 a long-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 31-09-07 Page 8 of 21
Comprehensive Plan Public Schools Facilities Element
Goals,Obiectives,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 municipalities. 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 Concurrency Service Areas (CSAs)
The City' 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 municipalities, after receiving comments 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 Concurrency Implementation
In coordination with the DCPS, the City 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 Page 9 of 21
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 Atlantic Beach 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
EXHIBIT A-City of Atlantic Beach Ordinance 31-09-07 Page 10 of 21
Comprehensive Plan Public Schools Facilities Element
Goals,Obiectives,and Policies
Objective 1.3.4 Proportionate 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(13)(e), 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