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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 yy 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