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

of the property subject to the final plat or site plan ( or functional equivalent) as provided in Section 4. 2( f) below. However, this amended interlocal agreement shall not be construed to limit the authority of any Municipality or the County to deny the final plat or site plan( or functional equivalent) for reasons Page 13 of 35 other than failure to achieve and maintain the adopted level of service for public school capacity. The County and Municipalities, in consultation with the School Board, shall also amend their concurrency management systems in their land development regulations to address public school facilities, so that the annual monitoring reports provided to their governing bodies shall cover schools as well as the other concurrency facilities. The following residential uses are exempt from school concurrency requirements: a) Single family lots ofrecord for which an application for Development Order has been submitted prior to adoption of this Interlocal Agreement. b) Multi- family residential development for which an application for Development Order has been submitted prior to adoption of this Interlocal Agreement. c) Amendments to residential development approvals issued prior to adoption of this Interlocal Agreement which do not change the number of residential units or change the type of residential units proposed. d) Other uses as provided for in this Interlocal Agreement f) In the event that the School Board comments provided pursuant to Section 8 find that there is not sufficient capacity in the affected concurrency service area to address the impacts of a proposed development, the following steps shall apply. Either ( i) the project must provide capacity enhancement sufficient to meet its impacts through proportionate share mitigation; or( ii) the project must be delayed to a date when capacity enhancement and level of service can be assured; or( iii) a condition of approval of the site plan or Page 14 of 35  final plat (or functional equivalent) shall be that the project' s development plan and/ or building permits shall be delayed to a date when capacity enhancement and level of service can be assured. Options for providing proportionate share mitigation for any approval of additional residential dwelling units that triggers a failure of level of service for public school capacity will be specified in the County' s and Municipalities' public school facilities elements. The amount of mitigation required shall be determined by the DOE' s most current cost per student station applicable to Okaloosa County. Options shall include the following: (i) contribution of or payment for acquisition of new or expanded school sites, ( ii) construction or expansion of permanent school facilities, and ( iii) mitigation banking. Mitigation shall be directed to projects on the School Board's Five-Year Capital Facilities Plan satisfying the demand created by that development approval, and shall be assured by a legally binding development agreement between the School Board, the relevant local government, and the applicant executed prior to issuance of any building permit for the project. This development agreement shall include the landowner' s commitment to continuing renewal of the development agreement upon its expiration. 4. 3 The School Board, County and Municipalities shall use the processes and information sharing mechanisms outlined in this Agreement to adopt the initial public school capital facilities program and public school facilities elements, and to ensure that the school concurrency system is updated, the School Board' s capital facilities plan remains financially feasible in the future, and any sPage 15 of 35 1 desired modifications are made. Updated public school capital facilities programs will be adopted by reference into the County' s and Municipalities' capital improvement elements no later than December 31 of each year. Section 5. SCHOOL SITE SELECTION, SIGNIFICANT RENOVATIONS, AND POTENTIAL SCHOOL CLOSURES. 5. 1 When the need for a new school is identified in the district educational facilities plan, the School Board will establish a Site Selection Committee for the purpose of reviewing potential sites for new schools and proposals for significant renovation and potential closure of existing schools. In addition to appropriate members ofthe School Board, the Committee will include at least one staff member of the County and a representative from the Municipalities most likely to be impacted by the siting of the new facility. 5. 2 The Site Selection Committee will develop a list ofpotential sites in the area ofneed. The list ofpotential sites for new schools and the list ofschools identified in the district educational facilities plan for significant renovation and potential closure will be submitted to the local government with jurisdiction for an informal assessment regarding consistency with the local government comprehensive plan. Based on information gathered during the review, the Committee will submit recommendations to the Superintendent or designee. 5. 3 The following issues will be considered by the Site Selection Committee, the School Board, and the County and Municipalities when evaluating new school sites and significant renovations and potential closure of existing schools: a) The location of schools proximate to urban residential development and contiguous to existing school sites, and which provide logical focal points for community activities and serve i Page 16 of 35 t` as the cornerstone for innovative urban design, including opportunities for shared use and collocation with other community facilities; b) The location of elementary schools proximate to and within walking distance ofthe urban residential neighborhoods served; c) The location of high schools on the periphery of urban residential neighborhoods, with access to major roads; d) Compatibility ofthe school site with present and projected uses ofadjacent property; e) Whether existing schools can be expanded or renovated to support community redevelopment and revitalization, efficient use of existing infrastructure, and the discouragement of urban sprawl; f) Site acquisition and development costs; g) Safe access to and from the school site by pedestrians and vehicles; h) Existing or planned availability of adequate public facilities and services to support the school; i) Environmental constraints that would either preclude or render cost infeasible the development or significant renovation of a public school on the site; j) Adverse impacts on archaeological or historic sites listed in the National Register of Historic Places or designated by the affected local government as a locally significant historic or archaeological resource; k) The site is well drained and the soils are suitable for development or are adaptable for development and other educational purposes with drainage improvements; 1) The proposed location is not in conflict with the local government comprehensive Page 17 of 35  plan, storm water management plans, or watershed management plans; m) The proposed location is not within a velocity flood zone or floodway, as delineated in the applicable comprehensive plan; n) The proposed site can accommodate the required parking, circulation and queuing of vehicles; o) The proposed location lies outside the area regulated by Section 333. 03, F. S., regarding the construction of public educational facilities in the vicinity of an airport; and. p) The proposed site can be co- located with other public facilities such as parks, libraries, and community centers, as provided in Section 9 of this amended interlocal agreement. 5. 4 At least sixty (60) days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the manager of the local government with jurisdiction over the use of the land as specified in Section 13. The local government, upon receipt of this notice, shall notify the School Board within forty-five (45) days if the proposed new school site is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government' s determination of consistency pursuant to section 1013. 33( 11) and ( 12), Florida Statutes. Section 6. SUPPORTING INFRASTRUCTURE. 6. 1 In conjunction with the preliminary consistency determination described at subsection 5. 4 of this agreement, the School Board and affected local governments will jointly determine the need for and timing of on- site and off-site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement as Page 18 of 35  to the timing, location, and the party or parties responsible for constructing, operating, and maintaining the required improvements. Section 7. SITE PLAN REVIEW The site design/ development plan for a proposed educational facility shall be reviewed in accordance with the Local Government Land Development Code Regulations. Pursuant to Section 1013. 33( 12) F.S., ifthe proposed educational facility is in compliance with the local government' s comprehensive plan and land development regulations as affirmed by the elected officials of the local governing body at a public