Fort Walton Beach Ordinance — 1757 Public School Facilities Element — reading text

become effective until the last party adopts it into its comprehensive plan. Once each of the Municipalities and the County have adopted such a plan amendment and these amendments have all become effective, then the new requirement shall apply countywide. Each of the Municipalities and the County may adopt the School Board' s Five- Year Capital Facilities Plan into its comprehensive plan either by reference or by restatement of the relevant portions of that Five-Year Plan, but in no event shall a Municipality or the County attempt to modify that Five- Year Plan. The County and Municipalities agree to coordinate the timing of approval of school- related element amendments, to the extent that it is feasible to do so. 3. 6 Capital Improvements Element: a) Following adoption of the School District' s Five Year Capital Facilities Plan, the i Page 8 of 35  County and Cities shall adopt the School District' s Five Year Capital Improvement Schedule from the plan into the Capital Improvements Elements of their Comprehensive Plans, pursuant to the requirements of 163. 3177( 3), F. S., no later than December 1st of each year( beginning December 1, 2007). b) The School Board shall transmit to the County and Cities any adopted amendment, correction, or modification the School District' s Five Year Capital Facilities Plan or Five Year Capital Improvement Schedule concerning costs, revenue sources, or acceptance offacilities. Within ninety( 90) days, the County and Cities shall amend their Capital Improvements Elements to reflect the changes. Such amendment may be accomplished by ordinance and shall not be deemed amendments to the comprehensive plan. c) The County and Cities, by adopting the School District' s Five Year Capital Facilities Plan in their Capital Improvements Elements, shall have neither obligation or responsibility for funding 410 the School District' s Five Year Capital Facilities Plan. 3. 6. 1 Intergovernmental Coordination Element: The process for the development, adoption, and amendment of the Intergovernmental Coordination Element shall be that set forth in Section 163. 3184, F. S. 3. 7 School Board review of school- related element amendments: All school-related element amendments of the comprehensive plan shall be provided to the School Board at least 45 days prior to transmittal ( or adoption if no transmittal is required). The School Board shall review the school-related element amendments and provide comments, if any, to the relevant local government either( a) in writing at least fifteen( 15) days prior to the public meeting on the school- related element amendment, or ( b) by attending and providing comments at the local planning Page 9 of 35 III Oagency meeting. In addition to the other coordination procedures provided for in this amended interlocal agreement, County, City, and School Board staff working groups will meet to address needed updates to school-related plan provisions at the time ofthe Evaluation and Appraisal Report. Section 4. IMPLEMENTATION OF SCHOOL CONCURRENCY. 4. 1 This section establishes the mechanisms for coordinating the development, adoption and amendment of the Okaloosa County School Board Capital Facilities Plan, as well as the public school facilities elements, and the intergovernmental coordination and capital improvements elements of the County and Municipalities' comprehensive plans, in order to implement a uniform district wide school concurrency system as required by law. The key components of school concurrency are listed below: a) Level of Service( LOS) standards; b) Concurrency Service Areas( CSA); 0 c) Procedures for monitoring school demand and capacity; d) Procedures and methodology for making concurrency determinations for development approvals; e) Mitigation options and processes; f) The 5- Year Work Program for County and City school facilities; and, g) Public Schools Facilities Elements of both County and City Comprehensive Plans 4. 2 The School Board, County and Municipalities agree to the following principles for school concurrency in Okaloosa County: a) The uniform methodology for determining ifa particular school is overcapacity shall be determined by the School Board and adopted into the County' s and Municipalities' Page 10 of 35  comprehensive plans. The School Board hereby selects Department of Education permanent C_ capacity as the uniform methodology to determine the capacity ofeach school as stated in the Florida Inventory of School Houses ( FISH) for Okaloosa County. b) The uniform, district-wide level-of service standards are initially set as follows, and shall be adopted in the County' s and Municipalities' public school facilities elements and capital improvements elements: E OF SCHOOL EVEL OF SERVICE Elementary 100% of DOE permanent capacity ddle 100% of DOE permanent capacity igh 100% of DOE permanent capacity pecial purpose 100% of DOE permanent capacity Potential amendments to these levels of service shall be considered at least annually at the staff working group meeting to take place no later than April 15 of each year. If there is a consensus to amend any level of service, it shall be accomplished by the execution of an amendment to this interlocal agreement by all parties and the adoption of amendments to the County's and each ofthe Municipalities' s comprehensive plan. The amended level of service shall not be effective until all plan amendments are effective and the amended interlocal agreement is fully executed. No level of service shall be amended without a showing that the amended level of service is financially feasible and can be achieved and maintained over the five years of the Capital Facilities Plan. Ifthe impact of the project will not be felt until years 2 or 3 of the Five Year Plan, then any relevant programmed improvements in those years shall be considered available capacity for the project and factored into the level of service analysis. If the impact of the project will not be felt until years 4 or 5 of the Five Year Plan, then any relevant programmed improvements shall not be considered available capacity for the project unless funding of the improvement is assured, through School I. Page 11 of 35 0  Board funding, the proportionate share mitigation process, or some other means. c) The concurrency service areas shall be the County planning areas, as shown on Appendix" B" to this interlocal agreement. In each concurrency service area the proposed project must meet school concurrency for the primary, intermediate and secondary school levels within the school attendance zones where the project is located. Potential amendments to the concurrency service areas shall be considered annually at the staffworking group meeting to take place each year no later than April 15. Ifthere is a consensus to amend any of the concurrency service areas, it shall be accomplished by the execution of an amendment to this interlocal agreement by all parties and the adoption of amendments to the County' s and each Municipalities' s comprehensive plan. The amended concurrency service areas shall not be effective until all plan amendments are effective and the amended interlocal agreement is fully executed. No concurrency service area shall be amended without a showing that the amended concurrency service area boundaries are financially feasible and can be achieved and maintained over the five Y ears of the Capital P Facilities Plan. Concurrency service areas shall maximize capacity utilization,,taking into account transportation costs, court- approved desegregation plans and other relevant factors. Concurrency service areas shall be designed so that the adopted level of service will be able to be achieved and maintained over the five years of the capital facilities plan, and so that the five year capital facilities plan is financially feasible. Concurrency service area boundaries shall be adopted in the County' s and Municipalities' comprehensive plans. d) The School Board staff,working with the County staff and Municipalities' staffs, will develop and apply student generation multipliers for residential units by type and projected price for schools of each type, considering past trends in student enrollment in order to project school Page 12 of 35  enrollment. The student generation rates shall be determined by the School Board in accordance with professionally accepted methodologies, shall be updated at least every two( 2) years and shall be adopted into the County' s and Municipalities' comprehensive plans. The school enrollment projections will be included in the tentative district educational facilities plan provided to the County and Municipalities each year as specified in subsection 3. 1 of this amended interlocal agreement. e) The County and Municipalities shall amend the concurrency management systems in their land development regulations to require that all new residential units be reviewed for school concurrency at the time of final plat or site plan( or functional equivalent), using the coordination processes specified in Section 8 below. The County or any Municipalities may choose to provide an informational assessment of school concurrency at the time of preliminary plat, but the test of concurrency shall be at final plat. The County and Municipalities shall not deny a final plat or site plan (or functional equivalent) for the failure to achieve and maintain the adopted level of service for public school capacity p ty where: i) adequate school facilities will be in place or under actual construction within three ( 3) years after the issuance of the fmal plat or site plan( or functional equivalent); or ii) the developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by the actual development