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HomeMy WebLinkAboutPAB 10-03-07 Item #2 - 07-01182-ILALEGISTAR FILE ID: 07-01182 APPLICANT REQUEST/LOCATION COMMISSION DISTRICT PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION PLANNING FACT SHEET October 3, 2007 Item # 2 City of Miami Amend and restate the "Interlocal Agreement For Public School Facility Planning In Miami Dade County" between the City of Miami, The School Board of Miami -Dade County, and Miami - Dade County. City wide Consideration of a resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute an amended and restated Interlocal Agreement, in substantially the attached form, between the City of Miami, the School Board of Miami Dade County, and the County to improve coordination between land use and school facility planning; making findings; directing transmittals to affected agencies; and providing an effective date. APPROVAL The proposed amended "Interlocal Agreement for Public School Facility Planning" between the City of Miami, The School Board of Miami -Dade County, and the County is required in order to be consistent with 2005 Florida Legislation, codified at Sections 163.31777, 163.3180(13), and 1013.33, Florida Statutes, which, requires that all school interlocal agreements be updated to reflect a new statutory mandate to implement public school concurrency. Failure to amend the Agreement to implement school concurrency, by January 1st, 2008, will result in jurisdictions being prohibited from adopting comprehensive plan amendments which would increase residential density, until concurrency amendments have been adopted and transmitted to the Department of Community Affairs. VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 9/20/2007 Page 1 City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01182+ Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, THE SCHOOL BOARD OF MIAMI-DADE COUNTY, AND THE COUNTY TO IMPROVE COORDINATION BETWEEN LAND USE AND SCHOOL FACILITY PLANNING; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; AND PROVIDING AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will proposed an amended 'Inter -local Agreement for Public School Facility Planning" between the City of Miami, The School Board of Miami -Dade County, and the County is required in order to be consistent with 2005 Florida Legislation, codified at Sections 163.31777, 163.3180(13), and 1013.33, Florida Statutes, which requires that all school inter -local agreements be updated to reflect a new statutory mandate to implement public school concurrency. Failure to amend the Agreement to implement school concurrency, by January 1, 2008, will result in jurisdictions being prohibited from adopting comprehensive plan amendments which would increase residential density, until concurrency amendments have been adopted and transmitted to the Department of Community Affairs. WHEREAS, the Miami Planning Advisory Board, at its meeting on October 3, 2007, Item No. 2, following an advertised public hearing, adopted Resolution No. PAB - by a vote of - to - (-), recommending - of an amendment to Ordinance No. 10544, as amended; and WHEREAS, Florida Statutes Sections 163.31777 and 1013.33 require each county and the non exempt municipalities within that county to enter into an Interlocal Agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS, the City of Miami( the City), Miami -Dade County (the County) and the Miami -Dade County School Board (the School Board) and other municipalities in the County entered into the original Interlocal Agreement implementing comprehensive land use and school facilities planning policies in 2003; and WHEREAS, subsequent to the original Interlocal Agreement , in 2005, the Florida Legislature enacted Chapter 2205-98 , Laws of Florida, codified as § 163.31777, §163.3180(13) and § 1013.33, Florida Statutes, which in relevant portions, require that all school inter -local agreements be updated to reflect a new statutory mandate to implement public school concurrency; and WHEREAS, the local governments who entered into the original Interlocal Agreement think that it is more efficient, more orderly, and a best practice to enter into the attached Amended and Restated City of Miami Page 1 of 2 Printed On: 9/25/2007 File Number: 07-01182 is more efficient, more orderly, and a best practice to enter into the attached Amended and Restated Interlocal Agreement (Interlocal Agreement) which includes and incorporates the original Interlocal Agreement, and the 1st and 2nd Supplemental Agreements, all originally adopted in 2003, now combined into one Amended and Restated Interlocal Agreement which now includes, in light of the 2005 amendments referenced herein, the School Board's obligation to prepare , adopt, and implement a financially feasible capital facilities program that will result in public schools operating at the adopted level of service standard consistent with the timing specified in the School Board's adopted five year plan ( District Facilities Work Program), among allied matters; and WHEREAS, the 2005 Florida Legislature adopted Chapter 2005-98, Laws of Florida codified at Sections 163.31777, 163.3180(13) and 1013.33, Florida Statutes, now requires all school inter -local agreements be updated to reflect a new statutory mandate to implement public school concurrency; and WHEREAS, the 2005 State Legislation, S.B. 360, mandated an update to inter local agreements between local governments, in Miami Dade County, and the School Board, by January 1, 2008 in order to implement school concurrency. If not adopted by this date, local governments, including the City of Miami, will not be able to adopt comprehensive plan amendments that increase residential densities, until concurrency amendments have been adopted and transmitted to the Department of Community Affairs; and WHEREAS, 2007 State legislation HB7203, requires all local governments to adopt and transmit to the state land planning agency the necessary plan amendments, along with the Inter -local agreement, for a compliance review pursuant to Florida Statutes 163.3184(7); and WHEREAS, the Agreement attached and incorporated, meets the minimum requirements outlined in Florida Statutes Section 163.31777, 163.3180(13), 1013.33, SB 360 and HB 7203; and WHEREAS, it is recommended that execution of the amended agreement be authorized; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized to execute the Inter -local Agreement, in substantially the attached form, between the City, the School Board and the County. Section 3. The Office of the City Clerk will transmit no less than three (3) executed originals to the School board for the execution of this Agreement by the other parties. The School Board is requested to return at least one fully executed original Inter -local Agreement to the City Clerk. Section 4. This Resolution shall become effective immediately upon adoption and signature of the mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 9/21/2007 July 17, 2007 Transmittal Draft AMENDED AND RESTATED" INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY This Amended and Restated Aagreement is entered into between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County"), the Municipalities Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, , Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Miami Gardens, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami (hereinafter collectively referred to as "Cities"), and The School Board of Miami -Dade County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as "School Board"). [NOTE: The following Municipalities are not parties because they have claimed an exemption: Village of Bal Harbour, Village of Biscayne Park, Town of Golden Beach, Village of Indian Creek, Town of Medley, Town of Surfside, and Village of Virginia Gardens. Please note that the exemption requirements have changed, which will likely require some of these municipalities to enterinto this agreement. For example, as few as 50 building permits over 5 years can trigger loss of the exemption.J1 RECITALS WHEREAS, the County, Cities and the School Board recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children within their respective communities; and, WHEREAS, the School Board has the statutory and constitutional responsibility ' The base document includes the Agreement. 1st Supplemental Agreement, and 2nd Supplemental Agreement. all originally adopted in 2003, combined into one restated interlocal agreement. StrikethFetiall and Underline shows suggested changes for the 2007 Amendment to the Aareement.The Amended and ReStated Agreement ( the Agreement) , upon adoption by all parties. shall automatically replace the Agreements referenced herein and adopted in 2003. July 17, 2007 Transmittal Draft to provide a uniform system of free and adequate public schools on a countywide basis; and, WHEREAS, the County, Cities, and School Board recognize the benefits that -will flow --to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development;i (2) greater efficiency for the Sschool Bboard and local govemments by placing schools to take advantage of existing and planned roads, water, sewer, and parks;i (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the local governments (4) better defined urban form by locating and designing schools to serve as community focal points (5) greater efficiency and convenience by co -locating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunitiesi; (6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by appropriately locating new schools and expanding and renovating existing schoolsi� and (7) improving the quality of education in existing, renovated and proposed schools; and, WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public educational facilities must to be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and, WHEREAS, the County has jurisdiction over land use and growth management decisions within its unincorporated boundaries, including the authority to approve or deny comprehensive plan amendments and rezonings, or other development orders that generate students and impact the school system, and the Cities have similar jurisdiction within their boundaries; and, WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local govemment to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision -making on population projections and public school siting; and, WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local govemments are to be coordinated; and, WHEREAS, the 2005 Florida Legislature adopted Chapter 2005-98, Laws of Florida, codified at Sections 163.31777, 163.3180(13) and 1013.33, Florida Statutes, which, in relevant part, required that all school interlocal agreements be 2 July 17, 2007 Transmittal Draft updated to reflect a new statutory mandate to implement public school concurrency; and WHEREASand WHEREAS, the School Board, County and Cities have further determined that it is necessary and appropriate to cooperate with each other to coordinate the approval of residential development with the provision of adequate public school facilities in a timely manner and at appropriate locations, to eliminate any deficit of capacity and provide capacity for proiected new growth, as further specified herein; and WHEREAS, the County and Cities are entering into this Amended and Restated Agreement in reliance on the School Board's obligation to prepare, adopt and implement a financially feasible capital facilities program that will result in public schools operating at the adopted Level of Service Standard consistent with the timing specified in the School Board's adopted five-year district educational facilities plan (hereinafter referred to as the "District Facilities Work Program"); and WHEREAS, the School Board has further committed to update and adopt the District Facilities Work Program yearly to add enough capacity in the new fifth year to address proiected growth and to adiust the District Facilities Work Program in order to maintain the adopted Level of Service Standard and to demonstrate that the 'utilization of school capacity is maximized to the greatest extent possible pursuant to Sections 163.3180(13)(d)2 and 1013.35, Florida Statutes; and WHEREAS, bBy entering into this Amended and Restated Aagreement the School Board, County, and the Cities are fulfilling their statutory obligations and requirements recognizing the benefits that will accrue to their citizens and students described above_; AGREEMENT NOW THEREFORE, be it mutually agreed between the School Board, the County and the Cities that the following procedures will be followed in coordinating land use and public school facilities planning: Section 1. Joint Meetinas 1.1 Staff Working Group: A Staff Working Group comprised of the County Mayor/Manager and/or designee, School Board Superintendent and/or designee, and City Mayor/Manager and/or their designees will meet at least on a semi-annual basis to discuss issues and formulate recommendations regarding public education in the School District, and coordination of land use and school facilities planning, including such issues as population and student projections, development trends, a work 3 July 17, 2007 Transmittal Draft program for five (5), ten (10) and twenty (20) year intervals and its relationship to the local government comprehensive plans, particularly as it relates to identification of potential school sites in the comprehensive plan's future land use map series, school needs (school capacity and school funding), the implementation of public school concurrencv. collocation and joint use opportunities, and ancillary infrastructure improvements needed to support the school and ensure safe student access. Representatives from the South Florida Regional Planning Council, the Latin Builders Association and the Builders Association of South Florida will also be invited to attend and participate. The -initial rMeetings of the working group shall be held upon at least thirty (30). days written advance notice, and shall be coordinated by the School Board Superintendent, or designee, , staff shall use its best efforts to schedule the initial meeting to occur in a timely manner to provide meaningfut participation by local governments in ' The Staff Working Group shall meet no later than March 31 of each year to address student enrollment projections, and by April 30 and October 31 of each year to address the public school concurrencv management system, and any proposed amendments to the school -related comprehensive plan provisions. The April 30 deadline shall apply where changes are proposed for the Countv's first comprehensive plan amendment cycle of the following year, and the October 31 deadline shall apply for changes proposed in the second cycle of the followingvear. 1.2 Elected Officials Forum: The School Board Superintendent and/or designee shall coordinate anti -annual joint workshop sessions at least once a yearat-least-annually-and invite onejf or more representatives of the Miami -Dade County County Commission (the "County Commission") or their designees, the goveming body of each City or their designees, and the School Board or their designees(s). A representative of the South Florida Regional Planning Council will also be invited to attend. The School Board shall provide invitations to the meeting invitations -within at least thirty (301 business days prior toadvance- the written notice of such meeting to the person -designated as -a -contact person referred to in this Amended and Restated Agreement (the "Agreement"). —The -initial -joint w rkshop session held six (6) months oaf trhe d to of tthe execution -of the Intcr l-Agreemcnt-oy-a-1r�pies ,but nn latcr -than March 1, 2004 to present, dicsu.,c, core amendments to the Agreement; provided however, that any such modifications and amendments shall be consistent with the statutes Modifications and amendments shall be considered by each party to this Agreement in accordance with Section 145, and may be discussed at the joint workshop sessions. The joint workshop sessions provide opportunities for the 4 July 17, 2007 Transmittal Draft I County Commission, the City Commissions or Councils, and the School Board to hear listen to reports, discuss confer on policy, , set directionestablish guidelines, and (each reach understandings -agreements with regard to public education, and coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off -site improvements, public school concurrencv, school capacity, school funding, options to reduce the need for additional permanent student stations, and joint use opportunities. Section 2. Student Enrollment and Population Proiections 2.1 In fulfillment of their respective planning duties, the County, Cities, and School Board agree to coordinate their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five (5)-year population projections shall be updated at least once every two (2) years by the County. The School Board may enter into a separate agreement with the County for the preparation of student enrollment projections. Updated County and School District data shall be provided at least once every two (2) years for review at the Staff Working Group meeting described at Subsection 1.1. 2.2 The School Board shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136, Florida Statutes, where available, as modified by the School Board based on development data and agreement with the local govemments and the Office of Educational Facilities and SMART Schools Clearinghouse. The School Board may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends using the COHORT Projection Waiver available on the Florida Department of Education website. In formulating such a request, the School Board will coordinate with the Cities and County regarding development trends and future population projections. 2.3 The School Board, working with the County and Cities via the Staff Working Group, will use the information described in subsection 3.4 and any other relevant information provided as part of the requirements of this Agreement, to allocate projected student enrollment by Minor Statistical Areas. student enrollment will be determined at the first staff meeting described in subsection 1.1. Section 3. Coordinating and Sharinq_of Information 3.1 Tentative District Educational Facilities Work P►ogramPlan: By May 31 sae-3Ath of each year, the School Board shall submit to the County and each Citiesy the tentative district educational facilities prior to adoption by 5 July 17, 2007 Transmittal Draft the Board. The tentative -plan will be consistent with the requirements of Section 1013.35, Florida Statutes, and include projected student populations geographically, an inventory of existing school facilities, projections of facility space needs, information on relocatables, general locations of new schools for the five (51-, ten (101-, and twenty (201-year time periods, and options to reduce the need for additional permanent student stations. The tentative plan will also include a financially feasible district facilities work program for a five (5)-year period. The Cities and County shall review and evaluate the tentative plan and comment to the School Board by June 360-days on the consistency of the tentative plan with the local comprehensive plan, including its compatibility with the comprehensive plan's future land use map series, and whether a comprehensive plan amendment will be necessary for any proposed educational facility. The School Board shall provide the District's adopted Facilities Work Program to the Countv and Cities no later than October 20, and it shall be adopted into the County's and Cities' comprehensive plans each year no later than December 1. 3.2 Educational Plant Survey. The School Board will remain responsible for reporting and submission of updates. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with existing land use plans. The Staff Working Group, in accordance with the procedure outlined in Section 3.5, will evaluate and make recommendations regarding the location and need for new, significant renovation or expansion, closures of educational facilities, and the consistency of such plans with the local government comprehensive plans and relevant issues including, but not limited to, those listed in subsections 4.3, 7.6, 7.7 and 8.1 of this Amended -and Restated Aagreement. 3.3 Educational Facilities Impact Fee Ordinance: The County and the School Board shall annually perform a review at least every three (3) years of the Educational Facilities Impact Fee Ordinance, its formula, and the Educational Facilities Impact Fee Methodology and Technical Report, and if appropriate, make recommendations for revisions to the Board of County Commissioners. The first review shall be performed within three (3) years after the effective date of the impact fee ordinance, as amended. Among the goals of thisannual review will be the adjustment of impact fee structure to ensure the full eligible capital costs, as allowed by the governing ordinances, associated with development of public school capacity is included. - In reviewing the Educational Facilities Impact Fee Ordinance (EFIFO) the County and the- School Board shall employ their best efforts to evaluate a more equitable distribution of impact fee assessment , benefit —districts throughout the County. Such benefit districts should 6 July 17, 2007 Transmittal Draft The School Board and County will provide for local govemment, industry and citizen participation and input prior to submitting recommendations to the Board of County Commissioners for substantive revisions to the Educational Facilities Impact Fee Ordinance, its formula, and/or the Educational Facilities Impact Fee Methodology and Technical Report, including the adjustment of impact fee structure or benefit district boundaries. 3.4 Growth and Development Trends: By September 30 eeof each year, local govemments will provide the School Board with a report on growth and development trends within their jurisdiction, based on the most current available data . This report will be in tabular, graphic, and/or textual formats and will include the following: (a) The type, number, and location of residential units, which have received zoning approval, plat approval or site plan approval; (b) Information regarding adopted future land use map amendments; which may have an impact on school facilities; (c) The County shall report to the School Board the school impact fees collected annually on building permit applications. This, said report shall include the amount of the fee collected and -location of the proposed residential development. The School Board shall report to the County and to each City how the impact fee revenue and all other school contributions have been spent within the Benefit District in which it was collected. All data shall include source information for verification and be provided in a format consistent with other capital expenditures; (d) Information, if available, regarding the conversion or redevelopment of non-residential structures into residential units that are likely to generate new students; and, conversely, information on the number of residential units converted to non- residential uses; and (e) The identification of any development orders issued that contains a requirement for the provision of a public school site as a condition of development approval. If at all possible, data required to be submitted in this section should also be sent in a format that can be loaded into the Geographic Information Systems (GIS) database maintained by the School Board. 3.5 3.5 New, Expanded and Renovated School Facilities: The Staff Working Group shall provide recommendations on the planning of new facilities, additions or renovations for consideration by School Board staff and the School Site Planning and Construction Committee 7 July 17, 2007 Transmittal Draft £SSPCC1 in formulating the tentative district educational facilities plan. Likewise, the Staff Working Group shall also provide input and comments, recommendations on the update of the Five -Year Educational Plant Survey and any revisions thereto. CALENDAR OF KEY ANNUAL DATES March 31 Staff Working Group meeting re garding enrollment projections April 30 Staff Working Group Meeting regarding any proposed amendments to the school -related comprehensive plan provisions proposed for the first County transmittal cycle May 31 Planning Forum to review Tentative Capital Plan including but not limited to, new schools, additions, closures, and significant renovations, at a Joint Meeting of the Staff Working Group and the School Site Planning and Construction Committee (SSPCC) June 30 Cities and County provide School Board with written comments on Tentative Educational Facilities Plan introduced at Planning Forum August 31 School Board provides final proposed Tentative Educational Facilities Plan to County and Cities September 30 Cities' and County's Growth Reports to School Board September 30 School Board adoption of District's updated Five Year Plan as a part of the Tentative Educational Facilities Plan October 20 School Board's provision of copy of adopted version District's updated Five Year Plan to County and Cities October 31 Staff Working Group meeting regarding any proposed amendments to the school -related comprehensive plan provisions proposed for the second County transmittal cycle December 1 District's Updated Five Year Plan adopted into Cities' and County's comprehensive plans and provision of adopted versions to School Board 8 July 17, 2007 Transmittal Draft 3.6 Public School Facilities Element fa) Initial comprehensive plan amendments related to the Public Schools Facilities Element to satisfy the requirements of Chapter 2005-98. Laws of Florida: The amendments to the Public School Facilities Element and related amendments to the Capital Improvements Element and the Intergovernmental Coordination Element in the County's and Cities' comprehensive plans ("school -related element amendments" or "school - related element provisions") required to satisfy Chapter 2005-98, Laws of Florida are being adopted into the comprehensive plans of the County and Cities concurrently with the execution of this Agreement by the County and Cities. Some provisions relevant to public schools may remain in the Future Land Use Element or other elements as may be appropriate. (b) Subsequent school -related element amendments: Thereafter, the experience with implementing the revised comprehensive plans and the School Board's District Facilities Work Program shall be reviewed by the County and Cities each year, at a Staff Working Group meeting to be held no later than April 30 (County's first comprehensive plan amendment cycle) or October 31 (County's second comprehensive plan amendment cycle), to determine whether updates to the comprehensive plans are required. At a minimum, the District Facilities Work Program shall be updated annually by the addition of a new fifth year as provided in Section 9.3. Any other amendments to the comprehensive plans shall be transmitted in time to allow their adoption concurrently with the update to the District Facilities Work Program, where feasible. Amendments to the comprehensive plans shall be considered in accordance with the County's comprehensive planning cycle. (c) School Board review of school -related element amendments: All school -related element amendments shall be provided to the School Board at least ninety (90) 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 (i) in writing at least thirty (30) days prior to the local planning agency meeting on the school -related element amendment, or (ii) by attending and providing comments at the local planning agency meeting. (d) Countywide consistency of school -related element amendments: The County's and Cities' school -related element provisions must be consistent with the uniform district -wide public school concurrencv system, with each other, and with the School Board's facilities plans and policies. Each City may choose to adopt ail or a portion of the County's school -related July 17, 2007 Transmittal Draft element provisions into its comprehensive plan by reference, or it may adopt its own school -related element provisions. If a City adopts its own school -related element provisions, any goal, objective, policy or other provision relevant to the establishment and maintenance of a uniform district wide public school concurrency system shall be substantially the same as its counterpart in the County comprehensive plan and other Cities' comprehensive plans. If any school -related element amendment is proposed that deviates from the uniform district -wide public school concurrency system, it shall not become effective until the last party adopts it into its comprehensive plan. Such proposals shall be forwarded to the Staff Working Group for review, and the adoption of any such changes shall be timed to coincide with the Countv's comprehensive plan amendment cycle. Once each City and the County have adopted such a plan amendment and these amendments have all become effective, then the new requirement shall apply countywide. Each City and the County may adopt the District Facilities Work Program into its comprehensive plan either by reference or by restatement of the relevant portions of that Facilities Work Program, but in no event shall a City or the County attempt to modify that Facilities Work Program. The County and Cities agree to coordinate the timing of approval of school -related element amendments, to the extent that it is feasible to do so. To the extent that a proposed school -related element amendment is inconsistent with this Amended -and -Restated-Agreement, an amendment to this Agreement shall also be required before the amended element becomes effective. (e) Evaluation and Appraisal Report: In addition to the other coordination procedures provided for in this Agreement, at the time of the Evaluation and Appraisal Report, the County and Cities shall schedule at least one Staff Workinq Group meeting with the School Board to address needed updates to the school -related comprehensive plan provisions. Section 4. School Site Selection, Significant Renovations, and Potential School Closures 4.1 The School Board staff has amended Rule 6Gx1 3-2C-1 .083, Section II.D. Membership, to expand the membership of its standing School Site Planning and Construction Committee (SSPCC) by four voting members as follows: "a floating member" designated by the City Manager of the most impacted municipality to which the agenda item relates whenever an agenda item concerns any incorporated area of Miami -Dade County, or if it concerns an unincorporated area, this "floating member" shall be from the geographically nearest municipality most impacted by the agenda 10 July 17, 2007 Transmittal Draft item; a representative selected by the Miami -Dade County League of Cities; a Miami -Dade County representative selected by the County Manager or designee;" and "a member of the residential construction industry." For purposes of this Section, a floating member from the most impacted local government shall be defined as the local government jurisdiction in which the proposed project is located. Based -a projected completion of rule making proceedings by the School Board's Ma 14, 200,3 me theeSchool Board staff shall endeavor to ensure tthe perational and holds s-inF l meeting by line 2003,too provide meaningful participation to local governments in the School Board's 2003 Oil planning process In the event that this rule change is not complished as r�egguired_rhre in.the d shall approach the Cities and County and negotiate an amendment to this Agreement with a mutually acceptable alternative means of coordination on all issues herein The SSPCC shall review potential sites for new schools and proposals for significant renovation, the location of relocatables or additions to existing buildings, and potential closure of existing schools, and make recommendations on these and all other issues within its purview under the Rule for consideration by School Board staff. The SSPCC shall also: (a) Host a planning forum, by Mav 31. as a ioint meeting of the Staff Working Group and School Site Planning and Construction Committee on an annual basis or more often as may be needed. For purposes of this forum, the SSPCC shall invite a representative from each of the impacted units of government to participate in the proceedings and to provide input and comments, for consideration by the SSPCC in its deliberations. The forum will review the School Board's acquisition schedule and all other relevant issues addressed in this Agreement and required by statute, and will include appropriate staff members of the School Board, at least one staff member of the County and a representative from each of the affected Cities. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent or designee for the upcoming year. (b) Invite a staff representative from each unit of local government affected by an agenda item at any SSPCC meeting throughout the year to attend that meeting. It shall provide a full opportunity for such local government representatives to provide comments, and shall consider those comments in its deliberations. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent or designee on these items. For purposes of this Subs Section, an affected local government shall be defined as follows: a. Any jurisdiction within fifteen hundred (1,500), feet of the property or improvement; and 11 July 17, 2007 Transmittal Draft b. Any jurisdiction whose utilities are utilized by the School Board property or improvement. The School Board Superintendent and/or designee shall provide the invitations referenced in this Section 4.1, with at least thirty (301 days advance written notice of such meeting to the person designated as a contact in this Agreement. The Superintendent or designee shall forward the SSPCC recommendations referenced in this Agreement to the School Board so that they may be considered by the Board at the time that it deals with the issues to which the recommendations relate. 4.2 When the need for a new school is identified and funded in the District Facilities Work Program, the SSPCC will develepreview a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified and funded in the District Facilities Work Program for significant renovation, the location of relocatables, or additions to existing buildings and potential closure and opportunities for collocation will be submitted to the local govemment with jurisdiction over the use of the land for an informal assessment regarding consistency with the local govemment comprehensive plan. 4.3 The evaluation of new school sites or significant expansion of student stations at existing schools shall be in accordance with School Board Rule 6Gx13-2C-1.083, as may be amended from time to time and attached hereto as Exhibit 1 W. Any proposed amendments to this rule, which may impact upon the terms of this Agreement, shall be submitted to the affected local units of government prior to submission to the SSPCC and to the School Board. [NOTE: Attach July 14, 2004 version as Exhibit 1. 4.4 Pursuant to Section 1013.33(11), Florida Statutes, at least sixty (601 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 local govemment with jurisdiction over the use of the land. 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 as depicted in the future land use map series, as well as the policies of the local govemment's comprehensive plan. If the site is not consistent, it shall not be used as a school site until and unless otherwise approved by the local government. This preliminary notice does not constitute the local govemment's determination of consistency pursuant to sSection 1013.33(12), Florida Statutes. 12 July 17, 2007 Transmittal Draft Section 5. Supporting Infrastructure 5.1 In conjunction with the preliminary consistency determination described at subsection 4.4 of this Aagreement, the School Board and affected local govemments 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 expansion renovation of an existing school, in those instances where capacity is being added to accommodate new student populations. significant expansion renovation shall include construction improvements that result in a greater than five (5) percent increase in student capacity, the location of relocatablespertables, or additions to existing buildings for high schools. For significant expansions to middle schools, the applicable percentage shall be ten (10) percent, and for significant expansions to elementary schools (including K-8 centers), the applicable percentage shall be fifteen (15) percent. The School Board and affected local government will enter into a letter of agreement as to the timing, location, and the party or parties responsible for constructing, operating and maintaining the required on -site and off -site improvements related to the expansions and new schools referenced above, respectively. This section shall not be construed to require the affected local unit of government to bear any costs of infrastructure improvements related to school improvements. Section 6. Public Education Facilities Site Plan Review 6.1 The School Board and the County will continue to coordinate any and all proposed construction or expansion of public educational facilities, including the .general location of new schools in unincorporated Miami - Dade County, with the County's Comprehensive Development Master Plan (CDMP) and local land development regulations in accordance with the review procedures outlined in Miami -Dade County Resolution R-678- 06 36-92, as adopted on JuneMay 66, 20064-992. 6.2 The School Board will coordinate any and all proposed construction or expansion of public educational facilities, including the location of new schools or relocatables, within any City's jurisdiction with that City's adopted comprehensive plan and land development regulations. This coordination shall be accomplished in accordance with the provisions of Sections 1013.33(12) through (15), Florida Statutes. The affected City shall provide all of their comments to the School Board as expeditiously as feasible, and not later than sixty (60) days after receipt of the complete site plan. 13 July 17, 2007 Transmittal Draft Section 7. Local Planning Agency. Comprehensive Plan Amendments. Rezonings, and Developments of Regional Impact 7.1 In accordance with the requirements of and to the extent required by Section 163.3174(1), Florida Statutes, the County and Cities will invite a staff representative appointed by the School Board, member to attend meetings, on an as needed basis, of their local planning agencies or equivalent agencies that first consider comprehensive plan amendments and rezonings at which comprehensive plan amendments, and rezonings, or Development of Regional Impact proposals or amendments are considered that would, if approved, increase residential density. The County and Cities may, at their solo dissretienk appoint such School Board representative to the planning agency, and, at their sole discretion, may grant voting status to the School Board representativemember. 7.2 The School Board will designate a staff representative to serve in an advisory support capacity on the County's staff development review committee, or equivalent body. In addition, the School Board representative will be invited to participate at the meetings of the Cities' staff development review committees, or equivalent body, as appropriate, when comprehensive plan amendments, rezonings or Development of Regional Impact ("DRI") proposals or amendment are proposed that would create an increase in the number of residential units. It shall be the responsibility of School Board staff to based on current Florida Inventory of School Houses (FISH) capacity e prepared to commentsenvey in writing to the local staff development review committees at least five (5) days prior to the meeting or development review committee review, for their consideration. These comments shall include a statement that the application will be subject to public school concurrencv review at the plat, site plan or functional equivalent stage, consistent with Section 9 of this Agreement. The School Board shall only be required to provide such review where the proposed(r(re) development wil cult in an increase in FISH capacity (permanent and relocatables) in exce.s of 115%, except when such ern jested by the local staff development review committee FeiFFe�-FSr-Fcc�c,�vi.. � v �rvpr, Tc,-rr �-c�Tc„--wrrrn,-rrcc� This figure shall be considered only as a review threshold and shall not be the School Board fail to identify options to meet anticipated demand or �i-r� crrT-rv--ry cv�rrccr-rn� i�vrpercc�crvcn-rrtr�v-vr shop ld the ative process ccribed in this—Sestioon 1—te eld as A copy of the applications shall be delivered to the School Board representative at least fifteen (15) working days prior to the proposed meeting date, or on the date the agenda is distributed. The School Board's review shall be conducted in accordance with the methods set forth in the pProcedures mManual te-be 14 July 17, 2007 Transmittal Draft adopted in accordance with the provisions set forth in this Amended -and Restated -Agreement, the current version of which is attached hereto as Exhibit 2 (which shall be revised to be consistent with this Amended and Restated -Agreement). The pProcedures mManual was developed and may be amended shall -be -developed through a collaborative process with the Staff Working Group efforts to facilitate development of the manual in a timely manner [NOTE Need to attach the current Procedures Manual, Exhibit 2.] 7.3 The County and the Cities agree to transmit to the School Board copies of proposed comprehensive plan amendments, rezonings, and Development of Regional Impact proposals or amendments land -use that may affect student enrollment, enrollment projections, or school facilities. -This -requirement to amendments to the mpr a plan futurelaand usse_man oaf ��iies�v�rrTcrnrr r rcr� car-cv�rr��rr�rei'} rr�up rezonings developments of regional impart and other major residential or r , mixed use development projects with a residential component. 7.4 Within thirty (301 days after receipt of notification by the local government, which notification shall include development plans, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed comprehensive plan amendment, rezoning, or dDevelopment of Regional Impact proposals or amendments consistent with State Regr rirements for Educational Facilities and c�g _shal e r based on current FISH capacity at imparted schools (including permanent d arid-rek�at,able--satisfactory stul wel—as any proposers ter!ent stationsaass�. The School Board will also include capacity information on approved charter schools that provide relief in the area of impact. The School Board may charge a non- refundable application fee payable to the School Board to reimburse the cost to review comprehensive plans. rezoninas and Development of Regional Impact proposals or amendments pursuant to this Section. In that event, payment may be required prior to the commencement of review. 7.5 If sufficient capacity is not available or planned to serve the drt `'elopmry�eot at the time ofimppac,�he School Board will ermine and CleY f1Tl.. RO� TTC- TT- 4 liflTTTrfG-QTIQ specify the options available to it to meet the anticipated student enrn� ��. llllmmenntt deemaand. Alternativ i the g�eent, , S alove, and developer will use their best efforts to collaboratively develop options that aim to provide the capacity to accommodate ws nestudents generated rnui from the new residential development The School Board shall be responsible to r ew any_ ,c� � fun opti�s fo- the incremental rc.-apvrravrc�reifFcv�cr cn-r � N'c' increase in the projected numbcr of s ents whic n-clude but are not limited to creation of ws necommunity development districts pursuant to nrrr r 15 July 17, 2007 Transmittal Draft Chapter 190, Florida Statutes, creation of educational facilities benefit d+stricts as described in Section 1013.355, Florida Statutes, other available broad -based funding mechanisms to fund school capital sonstr-tictiondeveloper—Gentributions—i-n—the—for-m---of—l-and—donation—set asides, monetary contributions, or developer provided facility improvements in lies of impact fees and other School Board approved measur suchas public oho er schools p, blic-private partnerships or a combination of any of these In its analysis of need School Board Muff vv rsviTrcccr, v� vvu, �.. , fee revenues to be generated by the de„elopment ,•,ell en an„ other available funding for capital projects specifically intended to mitigate the ar of impact.This Scction shall not be construed to obligate a City to impose, asses or collect a school impact fee, unless provided by general i As it relate to the collection of impart fees r , this provision shall not The review by the School Board staff regarding comprehensive plan amendments, rezonings and Development of Regional Impact proposals or amendments containiria residential units shall be classified as "Public Schools Planning Level Review (Schools Planning Level Review)". The Schools Planning Level Review does not constitute public school concurrency review. This Section shall not be construed to obligate a City or. County to deny or approve (or to preclude a City or County from approvina or denying) an application Board fail to identify options tom- t anticipated nde demar hhould tthe collaborative process `'described in this Section fail to yield a means to ensure sufficient capacity. 7.6 In the review and consideration of comprehensive plan amendments, rezonings, and dDevelopment of Regional Impact proposals or amendments, and their respective potential school impacts, the County and Cities should consider the following issues: a. School Board comments, which may include available school capacity or planned improvements to increase school capacity, including School Board approved charter schools and operational constraints (e.g., establishment of or modifications to attendance boundaries and controlled choice zones), if any, that may impact school capacity within an area, including public -private partnerships_Failure of the School Board to provide comments to the County or Cities within thirty (301 days as specified in Section 7.4 may be considered by the parties as a response of "no comment? In such a scenario, the County and Cities shall not be obligated to delay final action by the County Commission or City Council; b. The provision of school sites and facilities within planned neighborhoods; 16 July 17, 2007 Transmittal Draft c. Compatibility of land uses adjacent to existing schools and reserved or proposed school sites; d. The potential for collocation of parks, recreation and neighborhood facilities with school sites; e. The potential for linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; f. Traffic circulation plans that serve schools and the surrounding neighborhood, including off -site signalization, signage, and access improvements; and g. The general location of public schools proposed in the District Facilities Work Program as well as other available information over a ten (10), and twenty (20.-year time frame. 7.7 In formulating community development plans and programs, the County and Cities should consider the following issues: a. Giving priority to scheduling capital improvements that are coordinated with and meet the capital needs identified in the District Facilities Work Program Plan; b. Providing incentives that promote collaborative efforts between the School Board and the private sector to develop adequate school facilities in residential developments; c. Targeting community development improvements in older and distressed neighborhoods near existing or proposed School Board owned and operated public schools and School Board approved charter schools; and d. Coordination with neighboring jurisdictions to address public school issues of mutual concern. e. Approval and funding of community development benefit districts (CDD,Ss) and other available funding mechanisms created by state law. Section 8. Collocation and Shared Use 8.1 Collocation and shared use of facilities are important to both the School Board and local governments. The School Board,. and --Cities and County will work together, via the Staff Working Group,. the SSPCC, and the Citizens Oversight Committee to look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Facilities Work Program District Educational Facilities Plan. 17 July 17, 2007 Transmittal Draft Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, potential opportunities for collocation and shared use with public schools will be considered where compatible for existing or planned libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, the potential for collocation and shared use of school and governmental facilities for joint use by the community will also be considered. 8.2 A separate agreement or an amendment to a master agreement between the School Board and the appropriate local government will be developed for each instance of collocation and shared use, which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from collocation and shared use. 8.3 Collocation and shared use as provided for in this Amended -and Restated -Agreement may include the sharing of county and municipal facilities for student use, such as use of a park for park purposes by students from a neighboring public school, and similarly may include the use of public school facilities by the community. Section 9. Implementation of Public School Concurrence 9.1 This section establishes the mechanisms for coordinating the development, adoption, and amendment of the District Facilities Work Program, as well as the Public School Facilities Elements and the Intergovernmental Coordination and Capital Improvements Elements of the County and Cities' comprehensive plans, in order to implement a uniform d+stristwidedistrict wide public school concurrency system as required by law. 9.2 The School Board, County and Cities agree to the following principles for public school concurrencv in Miami -Dade County: (a) Capacity Methodology and Formula for Availability. The uniform methodology for determining if a particular school is overcapacity shall be determined by the School Board and adopted into the Countv's and Cities' comprehensive plans. The School Board hereby selects Florida Inventory of School Houses (FISH) capacity as the uniform methodology to determine the capacity of each school. The capacity and enrollment numbers for a school shall be determined once a year, in October. 18 July 17, 2007 Transmittal Draft The School Board will issue an evaluation report determining whether adequate school capacity exists for a proposed development, based on the adopted Level of Service Standards, concurrence service areas, and other standards set forth in this Agreement, as follows: 1. Calculate total school facility capacity by adding the capacity provided by an existing school facility to the capacity of any planned school facilities programmed to provide relief to that school facility, listed in the first three (3) years of the District Facilities Work Program. 2. Calculate available school facility capacity by subtracting from the total school facility capacity the sum of: a. Current student enrollment (school facility capacity consumed by preexisting development); b. The portion of reserved capacity having a valid unexpired certificate of concurrency from the School Board; and c. The portion of previously approved development (vested from concurrency) projected to be developed within three (3) years. 3. Calculate the proposed development's demand for school facility capacity by: a. Applying the student generation rate to the proposed development to determine its total demand; and b. Subtracting a credit for the total district -wide capacity of magnet and charter school facilities that are not in excess of the adopted Level of Service Standard. 4. Subtract the proposed development's demand for school facility capacity from the available school facility capacity to determine if there is a deficit. If so, repeat the process to determine if school facility capacity is available in any contiguous Concurrency Service Area ("CSA") in the same impact fee benefit district. The School Board may charge a non-refundable application fee payable to the School Board to reimburse the cost to review matters related to public 19 July 17, 2007 Transmittal Draft school concurrencv. In that event, payment may be required prior to the commencement of review. In evaluating a final subdivision, site plan, or functional equivalent for concurrence. any relevant programmed improvements in the current year, or Years 2 or 3 of the District Facilities Work Program shall be considered available capacity for the project and factored into the Level of Service analysis. Any relevant programmed improvements in Years 4 or 5 of the District Facilities Work Program shall not be considered available capacity for the project unless funding to accelerate the improvement is assured through the School Board, through proportionate share mitigation or some other means of assuring adequate capacity will be available within three (3) years. Relocatable classrooms may be used by the Miami -Dade County Public School System as an operational solution during replacement, renovation, remodeling or expansion of a public school facility; and in the event of a disaster or emergency which prevents the School Board from using a portion of the affected school facility. (NOTE: School Board staff members are checking to ensure that there are no other circumstances in which relocatables may continue to be relevant, such as for additional exceptional student classrooms.] (b) Level of Service Standards: Public school concurrencv shall be applied on a less than district -wide basis, to concurrencv service areas as described in subsection (c). Level of Service standards for public school facilities apply to those traditional educational facilities, owned and operated by Miami -Dade County Public Schools, that are required to serve the residential development within their established concurrencv service area. Level of Service standards do not apply to maqnet schools, charter schools, and other educational facilities that may have districtwidedistrict wide attendance boundaries; however, their capacity is credited against the impact of development. However, no credit against the impact of development shall be given for such distr-istvAdedistrict wide educational facilities if their enrollment is at, or above, 100% FISH capacity (With Relocatable Classrooms). The uniform. district -wide Level of Service Standards for Public School Facilities are initially set as follows, and shall be adopted in the Countv's and Cities' Public School Facilities Elements and Capital Improvements Elements: 1. The adopted Level of Service (LOS) Standard for all Miami -Dade County Public School facilities is 100% FISH Capacity (With Relocatable Classrooms). This LOS Standard shall be applicable in each public school 20 July 17, 2007 Transmittal Draft concurrencv service area (CSA), defined as the public school attendance boundary established by the Miami -Dade County Pulllic Schools. All public school facilities should continue to maintain or decrease their percent utilization of FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100% utilization of FISH Capacity (No Relocatable Classrooms) should no longer utilize relocatable classrooms except as an operational solution. 2. It is the goal of Miami -Dade County Public Schools and Miami-Dadethe County for all public school facilities to achieve 100% utilization of Permanent FISH (No Relocatable Classrooms) capacity by January 1, 2018. To this end, beginning January 1, 2013. the Miami -Dade County Public Schools should not use relocatable classrooms to provide additional FISH capacity at any school except as an operational solution. Additionally. beginning January 1. 2013, the Mami-Dade County Public Schools will implement a schedule to eliminate all remaining relocatable classrooms by January 1. 2018. By December 2010, Miami-Dadethe County in cooperation with Miami -Dade County Public Schools will assess the viability of modifying the adopted LOS standard to 100% utilization of Permanent FISH for all CSAs. 3. Relocatable classrooms may be used by the Miami -Dade County Public School System as an operational solution during replacement. renovation. remodeling or expansion of a public school facility: and in the event of a disaster or emergency which prevents the School Board from using a portion of the affected school facility. Potential amendments to these LOS Standards shall be considered at least annually at the Staff Working Group meeting to take place no later than April 30 or October 31 of each year. If there is a consensus to amend any LOS Standard. it shall be accomplished by the execution of an amendment to this Agreement by all parties and the adoption of amendments to the Countv's and each City's comprehensive plan. The amended LOS Standard shall not be effective until all plan amendments are effective and the amendment to this ,agreement is fully executed. No LOS Standard shall be amended without a showing that the amended LOS Standard is financially feasible and can be achieved and maintained over the five years of the District Facilities Work Program. 21 July 17, 2007 Transmittal Draft After adoption of the District's first Facilities Work Program which was relied on for public school concurrence requirements, capacity shall be maintained within each year of the District's subsequent Facilities Work Program. If the impact of the project will not be felt until Years 2 or 3 of the District Facilities Work Program, then any relevant programmed improvements in those years shall be considered available capacity for the proiect 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 District Facilities Work Program, then any relevant programmed improvements shall not be considered available capacity for the proiect unless funding of the improvement is assured, through School Board funding, the proportionate share mitigation process, or some other means, and the project is accelerated into the first three (3) years of the District Facilities Work Program. (c) Concurrencv Service Areas: The Concurrence Service Area (CSA) shall be the student attendance boundaries for elementary, middle and high schools. The concurrence service area boundaries shall be part of the data and analysis in support of the Countv's and Cities' comprehensive plans. Concurrence service areas shall maximize capacity utilization, taking into account transportation costs. limiting maximum student travel times, the effect of court -approved desegregation plans, achieving socio-economic. racial, cultural and diversity objectives, and other relevant factors as determined by the School Board's policy on maximization of capacity. The School Board shall address how capacity has been maximized in the affected concurrencv service area. For purposes of this Amended -and Restated -Agreement, maximization of capacity shall mean any operational or physical adjustment that increases the available capacity of a school or a concurrency service area. Maximization may take into account several factors. including transportation costs, student travel times, socio- economic objectives. and recognition of the timing of capacity commitments. These adjustments may include. but are not limited to, physical changes to the school facility such as expansions or renovations, and operational changes such as staggered schedules. floating teachers, or reassignment of students. The types of physical and operational adjustments to school capacity that will be used in Miami-Dadethe County. and the circumstances under which they are appropriate, will be determined by the School Board's policy on maximization of capacity, as set forth in the Public School Facilities Element. Potential amendments tp the concurrency service areas, other than periodic adjustments to student attendance boundaries, or to redefine the concurrencv service area as a different type of boundary or area shall be considered annually at the Staff Working Group meeting to take place 22 Jul 17 2007 Transmittal Draft July 17, 2007 Transmittal Draft each year no later than April 30 or October 31, and shall take into account the issue of maximization of capacity. Other considerations for amending the concurrency service areas may include safe access (including factors such as the presence pf sidewalks, bicycle paths, turn lanes and signalization, general walCabilitv), diversity, and aeographic or manmade constraints to travel. If there is a consensus to change the concurrence service area to a different ype of service area or aeoaraphic configuration, it shall be accomplishe by the execution of an amendment to this areement. The changed concurrencv service area shall not be effect a until the amendment to this Amended -and Restated -Agreement is f Ile executed and related amendments to the County and Cities' comprehensive plans are adopted. Proposed amendments to the concurrency service areas shall be presented to the Staff Working Group and incorporated as updated data and analysis in support of the County's and Cities' comprehensive plans. No concurrence service area shall be amended or redefined without a showing that the amended or redefined concurrence service area boundaries are financially feasible and can be achieved and that the adopted LOS Standard can be maintained over the five ears of the District Facilities Work Program (or ten (10) years of the t n-vear capital facilities plan, if the facility is backloQed). If maximization of capacity has not resulted in sufficient capacity, so that the adoption of the development proposal would result in a failure to meet the Level of Service Stan ard, and if capacity is available in one or more contiguous concurrencv s rvice areas within the first three (3) years of the District Facilities Work Pr gram in the same impact fee benefit district as the development, the School Board, at its discretion, shall determine the contiguous concurrency service area to which the development impacts will be shifted. If there is still not enough capacity to absorb the impacts of the development proposal after maximization of capacity and shifting of impacts, then the School Board will notify the local government in writing of the finding, and the IocaI govemment shall then notify the applicant of cat Stuaent venteration mummers: 1 ne scnooi tuoara staff, working with the County staff and Cities' staffs, have developed and applied student generation multipliers for residential units by type and Minor Statistical Area for schools of each type, considering past trends in student enrollment in order to project school enrollment. The student generation rates shall be determined by the School Board in accordance with professionally accepted methodologies, shall be updated at least every three (3) years inasfnuch as possible, and shall be adopted into the County's and Cities' comprehensive plans. The school enrollment projections will be includ§d in the tentative district educational facilities plan provided to the County and Cities each year as specified in Subsection 3.1 of this Agreement. 23 July 17, 2007 Transmittal Draft (e) Concurrencv Manaaement System: The County and Cities shall amend the concurrence management systems in their land development regulations to require that all non-exempt new residential units be reviewed for public school concurrencv at the time of final plat or site plan (or functional equivalent). using the coordination processes specified in Section 7 above, within one hundred and twenty (120) days of the effective date of the Comprehensive Plan amendment(s) implementing public school concurrencv. In the event that the Comprehensive Plan amendment(s) or amendments) to this Agreement, which are necessary to implement public school concurrence are challenged. the land development regulations shall be adopted within one hundred and twenty (120) days after the resolution of such challenge. The County or any City may choose to request from the School Board's staff and provide an informational assessment of public school concurrence at the time of preliminary plat or subdivision, but the test of concurrence shall be at final subdivision. site plan (or functional equivalent). The assessment of available capacity by the School Board shall consider maximization of capacity and shifting of impacts as further detailed above. The County and Cities shall not deny a final subdivision or site plan (or functional equivalent) for the failure to achieve and maintain the adopted Level of Service Standard for public school capacity where: (i) adequate school facilities will be in place or under actual construction within three (3) years after the issuance of the final subdivision 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 of the property subject to the final plat or site plan (or functional equivalent) as provided in Section 9.2(g) below. However, this Agreement shall not be construed to limit the authority of any City or the County to deny the final plat or site plan (or functional equivalent) for reasons other than failure to achieve and maintain the adopted Level of Service Standard for public school capacity. The County and Cities, in consultation with the School Board. shall also amend their concurrencv 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 concurrencv facilities within one hundred and twenty (120) days of the effective date of this Agreement. July 17, 2007 Transmittal Draft Upon final action by the City or County regarding the application for final plat, site plan or functional equivalent. the City or County shall send written notice to the School Board indicating that the application was granted final approval or denied. If the application received final approval, the school concurrence approval for the development and anticipated students shall be valid for up to two (2) years, beginning from the date the application received final pproval from the City or County, except as may be provided by federal I w and as further specified in the applicable concurrence manaaemen system regulations, unless otherwise released by the appropriate aovem ng body in which case, within ten (10) business days of the release the a propriate governing body shall notify the School Board of such and request the capacity reservation be cancelled. An extension of the reservat on period may be granted when the applicant demonstrates that development has commenced on a timely basis and is continuing in good faith, provided that the total reservation period does not exceed five (5) years, as further specified in the applicable concurrency management system regulations. If the application was denied, the School Board's staff shall deduct from its database the students associated with the application. Share Mitigation: The School Board shall (f) Proportionate establish within the Di trict Facilities Work Program the following standards for the application of proportionate share mitigation: 1. Student Generation Multipliers for single family, multi family and mobile home housing types for elementary, middle and high schools. Student Generation Multipliers shall be based upon the best available district -specific data and derived by a professionally acceptable methodology acceptable to the School Board: 2. Cost per Student Station estimates for elementary, middle and high schools. Such estimates shall include all cost of providing instructipnal and core capacity including. without limitation. land, deign, buildings, equipment and furniture. and site improvements. Th cost of ancillary facilities that generally support the School Boar and the capital costs associated with the transportation of s udents shall not be included in the Cost per Student Station estimate used for proportionate share mitigation; 3. The capacity of each school; and 4. The current and reserved enrollment of each school. 25 July 17, 2007 Transmittal Draft The above factors shall be reviewed annually and certified for application for proportionate share mitigation purposes during the period that the District Facilities Work Program is in effect. In the event that there 1 is not sufficient capacity in the affected or contiguous concurrence I service area to address the impacts of a proposed development, tie following steps shall apply. Either (i) the proiect must provide cape. city enhancement sufficient to meet its impacts through proportionate share mitigation; or (ii) a condition of approval of the site plan or final plat (or functional equivalent) shall be that the proiect's impacts shall be phased luti and building permits shall be delayed to a date when capacity enhancement and Level of Service can be assured: or (iii) the project must not approved. The school board and the affected local government shall coierdinate on the possibility of mitigation. Options for providing a proportionate share mitigation for any approval of additional residential dwel ing units that triggers a failure to meet the Level of Service Standard for Public school capacity will be specified in the County's and Cities' Public School Facilities Elements. Options shall include the following: 1. Money — Contribute fill capital cost of a planned project, or project proposed to be added to the first three (3) years of the District Facilities Work Program, in thel affected concurrence service areas, providing ffi sucient capacity to 4.bsorb the excess impacts of the development, .... I......1 ............1 I... I aL... C+..L.....I o.......d .... ..I......i...,I I.... .......L4...- 2. 3. development. nd/or capital dollars equal to the cost of impact Land - Donate land to to the School Board needed for construction of a planned proiect, or project proposed to be added to the first three (3) years of the District Facilities Work Program in the affected concurrency service areas, and the School Board or pome other entity funds the construction of or constructs the project. construction - t3uld a Manned protect, or project proposed to be added to the first three (3) years of the District Facilities Work Program, on land owned by the School Board or donated by another development, with sufficient capacity to absorb the excess impact of the development in the affected concurriencv service area. (Usually, projects are more than one classroom). 4. Mix and Match - Combine two or more of these options to provide sufficient capacity to rhitigate the estimated impact of the residential development on the affected concurrency service areas. 26 July 17, 2007 Transmittal Draft 5. Mitigation banking - M tigation banking within designated areas based on the construction of la public school facility in exchange for the right to sell capacity credit4. Capacity credits shall only be transferred to developments within the same concurrencv service area or a contiguous concurrencv service area. Mitigation banking shall be administered by the School Board in accordance with the requirements of the concurrency mitigation system. Mitigation shall be directed to projects {built or completed, etc.} in the first three (3) years of the D strict Facilities Wor= e School Board agrees will satisf the demand created by that development approval. The amount of mitigation required shall be calculated based on the cost per student station, as defined above, and for each school type (elementary, middle and high) for which there is not sufficient capacity. The Proportionate Share for a development shall be determined by the following formulas: Number Of New Student Stations Required For Mitigation (By School Type) = [Number Of Dwelling Units Generated By Development Proposal, By Housing Type x Student Generation Multiplier (By Housing Type And School Type)J_ Credit for Districtwide istrict wide Capacity of Magnet Schools and Charter Schools that aie Not Over LOS Standard — Number of Available Student Stations Cost of Proportionate ahare Mitigation = Number Of New Student Stations Required For Mitigation (By School Type) x Cost Per Student Station (By School Type). The full cost of proportionate share mitigation shall be required from the proposed development.. The local government an the School Board shall consider the evaluation report and the options t at may be available for proportionate share mitigation including the amendment of the District Facilities Work Program. If the local gov mment and the School Board find that options exist for proportionate share mitigation, they shall authorize the preparation of a development agreement and other documentation appropriate to implement the proportionate share mitigation option(s). A legally binding developmeht agreement shall be entered into between the School Board, the appropriaterelevant local government, and the applicant 27 July 17, 2007 Transmittal Draft and executed prior to isluance of the final plat, site plan or functional equivalent. In that aareer jlent, if the School Board accepts the mitigation, the School Board must rmmit to place the improvement required for mitigation on the first three (3) years of the Five Year Plan. This development agreement shall include the landowner's commitment to continuing renewal of the( development agreement until the mitigation is completed as determined v the School Board. This agreement shall also address the amount of t e impact fee credit that may be due for the mitigation, and the manne in which it will be credited. Upon execution of a development agreement among the applicant, the local government and the School Board, the local government may issue a development order for the development. The development order shall condition approval upon compliance with the development agreement. 9.3 Updates to Public School Concurrencv: The School Board, County and Cities shall use the processes and information sharing mechanisms outlined in t s Agreement to ensure that the uniform district-wie public school concurrence system is updated, the District Facilities Wok Program remains financially feasible in the future, and any desired modifications are made. The District's updated Five -Year Plan will be adopted into the Countv's and Cities' capital improvement elements no 'later than December 1 of each year. The School Board shall ncbt amend the District Facilities Work Program as to modify, delay or delete any project that affects student capacity in the first three (3) years of the Five Year Plan unless the School District staff, with the concurrence of a majority of the School Board members, provides written confirmation that: 1. The modification, delay or deletion of a proiect is required in order to meet the School Board's constitutional obligation to provide a county -wide uniform system of free public schools or other legal obligations imposed by state or federal law; or 2. The modification, delay or deletion of a project is occasioned by unanticipated change in population projections or growth pattems or is required in order to provide needed capacity in a location that has a current greater need than the originally planned location and does not cause the adopted LOS standard to be exceeded in the IConcurrency Service Area from which the originally planned project is modified, delayed or deleted; or 3. The project schedule or scope has been modified to address local government concerns, and the modification does not cause the adopted LOS standard to be exceeded in the Concurrence 28 July 17, 2007 Transmittal Draft Service Area from 3hich the originally planned project is modified, delayed or deleted; land 4. The Staff Working Group has had the opportunity to review the proposed amendment and has submitted its recommendation to the Superintendentlor designee. The School Board may amend the District Facilities Work Program at anytime to add necessary capacity projects to satisfy the provisions of this Agreement. For additions to the District Facilities Work Program, the School Board must demonstrate its ability to maintain its financial feasibility. 9.4 Exemptions and Vest4f Development The following types of developments shall be e$empt from the requirements of public school concurrency: a. Developments tJat result in a total impact of less than one (1) student in any level or type of school; and b. Development with covenants restricting occupancy to exclude school age children (e.q., age 55 and over). The following types of de I elopments shall be considered vested from the requirements of public school concurrencv: a. Developments *ith a valid, unexpired site plan or final plat or functional equivalent, as of December 31, 2007; b. Developments that have executed and recorded covenants or have provided monetary mitigation payments, as of December 31, 2007, under the School Board's current voluntary mitigation procedures; c. Any Development of Regional Impact for which a development order was issued, pursuant to Chapter 380, Florida Statutes, prior to July 1, 2005. Also, any Development of Regional Impact for which an application was submitted prior to May 1, 2005. Section 109. Resolution of Distfutes 109.1 If the parties to this ( Aagreement are unable to resolve any issue in whch they may be in disagreement covered in this reement, the applicable parties to the dispute will employ dispute resol, tion procedures pursuant to Chapter 164 or 29 July 17, 2007 Transmittal Draft Chapter 186, Florida Statutes, as amended from time to time, or any other mutually acceptable means of alternative dispute resolution. Each party shall bear their own attorney's fees and costs. Section 110. Oversight Process 110.1 The School Board shall appoint up to nine (9) citizen members, the County and the Miami -Dade County League of Cities shall each appoint up to five (5) citizen members to serve on a committee to monitor implementation of this Amended and Rectatede interlocal Agreement. The School Board shall organize and staff the meetings of this Citizens Oversight Committee, calling on the Staff Working Group for assistance as needed. It shall provide thirty(30)no less than seven (7) days written notice of any meeting to the members of the Citizens Oversight Committee, the Staff Working Group, the SSPCC, County, Cities and to the public. Citizens Oversight Committee members shall be invited by the School Board to attend afl meetings referenced in Sections 1 and 4 and shall receive copies of all reports and documents produced pursuant to this Agreement. The Citizens Oversight Committee shall appoint ai chairperson, meet at least annually, and report to participating local governments, the School Board and the general public on the effectiveness with which the interlocal agreement is being implemented. At least sixty (60). days prior to the annual meeting of the Citizens Oversight Committee, the Staff Working Group and the SSPCC shall each submit an annual report regarding the status of the implementation and effectiveness of the Agreement. These annual reports shall additionally be distributed to all parties to this Amended -and Restated Agreement. Meetings of the Citizens Oversight Committee shall be conducted as public meetings, and provide opportunities for public participation. The Citizenp Oversight Committee shall adopt bylaws that shall govern its operation. I Section 124. Effective Date and Term This Amended and Restated Agreement shall take effect upon the date of publication of a Notice of Intent to find it consistent with the requirements of Section 163.31777(2), Florida Statutes. This Amended and RestatedAgreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument and be the agreement between the parties. This Agreement shall become effective upon the signatures of `" peiodof-fiye (5 ' pars —from the�ect datQ e hexecution of the Agreement by each City shall make it effective as to that City. The failure of any party to execute the Agreement by January 1, 2008Marsh 1, 2003 may subject that party to the penalties as provided by statute. This Agreement may be amended from time to time by 30 July 17, 2007 Transmittal Draft the agreement ofby all participating parties, at the yearlyannual joint meeting or as the anytime, as necessary. This Amended —and —Restated —Agreement may be earlier cancelled prior to by mutual agreement of the individual Cities or County and the School Board, unless otherwise cancelled as provided or—alfowed by law. In such a case, the withdrawing partylics and the School Board may be subject to sanctions from the Administration Commission and the Florida Department of Education, unless they enter into a separate agreement within thirty (30) days that satisfies all of the relevant requirements of Florida Statutes. Any separate agreement must be consistent with the uniform district -wide public school concurrency system. This Agreement may be extended upon the mutual consent of the parties hereto this Agreement for an additional five (5) years, onr same s ex n gives written notice to the other parti��fs„ch �ent to extend cr�arcr �ucrr errs -Tv ��cc,cr�a no later than one (1) year prior to the expiration of the then current term, and -the -ether parties agree in writing tosuGh-extens� i��ExtenvT lens shallll be valid as 4o those parties consenting in writing thereto even if not ali parties hereto so consent. Section 132. Severabilitv If any item or provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected and every other term and provision of this Amended --and Restated -Agreement shall be deemed valid and enforceable to the extent permitted by law. Section 143. Notice and General Conditions A. All notices which may be given pursuant to this Amended and Restated —Agreement, except notices for meetings provided for elsewhere herein this --Agreement, shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 I 31 July 17, 2007 Transmittal Draft I Fax: (305) 466 8919 Town Manager Town of Bay Harbor Islands 9665 Bay Harbor Terrace Bay Harbor Islands, Florida 33154 City Manager City of Coral Gables P.O. Box 141549 Coral Gables, Florida 33114-1549 Town Manager Town of Cutler Bav 10720 Caribbean Blvd., Suite 105 Cutler Bav, FL 33189 City Manager City of Doral 8300 NW 53rd Street, Suite 100 Doral, FL 33166 Mayor Village of El Portal 500 N.E. 87 Street El Portal, Florida 33138-3517 Mayor City of Florida City P.O. Box 343570 Florida City, Florida 33034-0570 Mayor City of Hialeah P.O. Box 110040 Hialeah, Florida 33011-0040 Chief Zoning Offiice:dal City of Hialeah Gardens 10001 N.W. 87 Avenue Hialeah, Gardens, Florida 33016 City Manager City of Homestead 790 North Homestead Boulevard 32 July 17, 2007 Transmittal Draft Homestead, Florida 33030 Village Manager Village of Indian Creek 9080 Bay Drive Indian Creek Village, Florida 33154 Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 City Manager City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 City Manager City of Miami Gardens 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 Town Manager Town of Miami Lakes 6853 Main Street Miami Lakes, Florida 33014 Village Manager Village of Miami Shores 10050 N.E. Second Avenue Miami Shores, Florida 33138 City of Miami Springs 201 Westward Drive Miami Springs, Florida 33166-5259 City Manager City of North Bay Village 7903 East Drive July 17, 2007 Transmittal Draft North Bay Village, Florida 331411 City Manager City of North Miami 776 N.E. 125 Street North Miami, Florida 33161 City Manager City of North Miami Beach 17011 N.E. 19 Avenue North Miami Beach, Florida 3316I Director of Community Development and Planning City of Opa-Locka 777 Sharazad Boulevard Opa-Locka, Florida 33054 Village Attorney I The Village of Palmetto Bay 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Planning Director Village of Pinecrest 12645 Pinecrest Parkway11551 S. Dixie Highway Pinecrest, Florida 33156 City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Deputy City Attorney City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, Florida 33160 Mayor City of Sweetwater 500 S.W. 109 Avenue Sweetwater, Florida 33174-1398 City Manager City of West Miami 901 S.W. 62 Avenue West Miami, Florida 33144 34 July 17, 2007 Transmittal Draft Miami -Dade County Director Department of Planning & Zoning 111 N.W. First Street Miami, Florida 33128 Superintendent The School Board of Miami -Dade County, Florida 1450 N. E. 2 Avenue, Room 912 Miami, Florida 33132 B. Title and Paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. Section 154. Mercier Clause This Agreement together with the Exhibits hereto,. sets forth the entire agreement between the parties and there are no promises or understandings other than those stated therein. It is further agreed that no modification, amendment or alteration of this Amended -and -Restated -Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herein. The Exhibits to this Agreement will be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this "mended and Restated Agreement and the provisions in the incorporated Exhibits then this Agreement will prevail. Any amendment to this Agreement requested by a local legislative body of the County or a participating municipality will be placed on a School Board Agenda for consideration within sixty (60) days of the School Board's receipt of such request. Likewise, any amendments to this Agreement requested by the School Board will be placed on the agenda of the local legislative body of the County and participating municipalities for consideration, within sixty (60) days of receipt of the request. Section 165 Counterparts Clause This Amended and Restatedlnterlocal Agreement may be executed in counterparts and facsimiles shall constitute best evidence for all purposes. Section 176. Supplementary Aareements 35 July 17, 2007 Transmittal Draft All parties to this Amended and Restatedtnterlocal Agreement stipulate that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances. Any such Supplementary Agreement shall be consistent with the statutes goveming this Amended and Restatedlnterlocal Agreement. Section 18g. Favored Nations Should the School Board enter into an agreement with another municipality or County, separate or otherwise, which provides more beneficial terms than those agreed to herein, the School Board shall offer the same terms to all other parties to this Agreement. Section 198. Exempt or Waived Municipalities 198.1. In cases where a municipality or other unit of local government (that is not a party to this Amended -and -Restated -Agreement by virtue of statutory exemption or waiver) and whose decisions and/or actions with respect to development within the municipality's or unit of local government's jurisdiction, may impact on municipalities or units of local government which are parties to this Agreement, the School Board agrees to contact, through its representatives or appropriate designees, these non-parties and invite them to become signatories to this Agreement. Failure to secure a response or to have non-4ignatories become signatories to this Amended Agreement, shall neither constitute, nor be considered, a breach of this Amendestated-Agreement. 198.2 This section shall not be interpreted to prevent exempt or waived municipalities from participating in the processes under this Amended -and Restatede Agreement as they may relate to any public school facilities located in unincorporated Miami -Dade County. The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Amended -and -Restated -Agreement. None of the parties intend to directly or substantially benefit a third party by this Amended -and -Restated this Amended -and -Restated -Agreement, and that no third party shall be entitled to assert a claim against any of the parties based upon this Amended and Restated Agreement. Nothing herein shall be construed as consent by any agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 36 July 17, 2007 Transmittal Draft IN WITNESS WHEREOF, this Am! ended and Restated Interlocal Agreement has been executed by and on behalf of Miami -Dade County, the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, , Village of Key Biscayne, City of Miami, City of Miami Beach, City of Miami Gardens, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami, and the School Board of Miami -Dade County, Florida, on this day of 20037. The School Board of Miami Dade County, Florida Attest: (print) By: , Chair Attest: (print) By: , Secretary Approved as to form: School Board Attorney 37 July 17, 2007 Transmittal Draft ATTFST: City of Miami, Florida B As City Clerk APPROVED AS TO LEGAL FORM: B APPROVED AS TO PLANNING: City Manager 38 July 17, 2007 Transmittal Draft Planning Director 39 July 17, 2007 Transmittal Draft GLOSSARY Contiguous Concurrence Servicef Areas: Concurrence Service Areas which are contiguous and touch along one side Ilof their outside geographic boundary. Affected Local Government: Any iurisdiction within 1,500 feet of. or whose utilities are utilized by the property or improvement under consideration by the School Board. Ancillary Facilities: The building, Site and site improvements necessary to provide support services to the School Board's educational program including, but not limited to vehicle storage and maintenance, wa rehouses or administrative buildings. Applicant: For the purposes of sch of concurrencv, any person or entity undertaking a residential development. Attendance Boundary: The geographic area which is established to identify the public school assignment of students residi g within that area. Available Capacity: Existing school capacity which is available within a Concurrency Service Area including any new school capacity that will be in place or under actual construction. as identified in the first three nears of the School District's Five Year Capital Plan. Cities: The municipalities within Mia ni-Dade County, except those that are exempt from the Public School Facilities Element, (pursuant to Section 163.3177(12). F.S. Comprehensive Plan: As providedlbv Section 163.3164(4). F.S., as amended, a plan that meets the requirements of 163.3177 and 163.3178, F.S. Concurrencv: As provided for in Florida Administrative Code Rule 9J-5.003, the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. Concurrencv Service Area (CSA): A geographic area in which the level of service for schools is measured when an application for residential development is reviewed for school concurrency purposes. Consistency: See Section 163.3194, F.S. Development Order: As provided bV Section 163.3164(7). F.S.. as amended, any order granting. or granting with conditions, an application for a development permit. Educational Facility: The building and equipment. structures and special educational use areas that are built, installed or stablished to serve educational purposes only. Educational Plant Survey: a syste atic study of schools conducted at least every five years and submitted to the DOE r review and validation. The survey includes an inventory of existing educational aid ancillary plants, and recommendations for future needs. 40 July 17, 2007 Transmittal Draft Evaluation Report: A report pre ared by the School District, identifying if school capacity is available to serve a re idential project, and if capacity exists, whether the proposed development is conceptu Iv approved or vested. Exempt Local Government: A mur'icipality which is not required to participate in school concurrency when meeting all the requirements for having no significant impact on school enrollment, per Section 163.3177(12)(b), F.S., or because it has received a waiver from the Department of Community Affairs per Section 163.31777(1)(c), F.S. Financial Feasibility: As provided i revenues are currently available or the first 3 years, or will be available 1 4 and 5, of a 5-year capital improv such as ad valorem taxes, bonds, and Applicant contributions, which a improvements identified in the corn level of service standards are achie Section 163.3164(32). F.S., as amended, sufficient vill be available from committed funding sources for rom committed or planned funding sources for years ment schedule for financing capital improvements, tate and federal funds, tax revenues, impact fees, e adequate to fund the projected costs of the capital prehensive plan necessary to ensure that adopted red and maintained within the period covered by the -year scneauie or capital improvements. ual comprehensive capital planning document, that Five Year Plan: School District's a includes Iona range planning for fac itv needs over a five -near, ten -near and twenty-year planning horizon. The adopted of District's Five -Year Work Program and Capital Budget as authorized by Section 10 3.35, F.S. Florida Inventory of School Houses (FISH) — Permanent 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 program. Level of Service (LOS) Standard: As provided for in the Florida Administrative Code Rule 9J-5.003, an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Local Governments: Miami Dade County and/or the Cities located within its boundary. Maximize Capacity Utilization: The use of student capacity in each CSA to the greatest extent possible, based on the adopted level of service and the total number of permanent student stations according to the FISH inventory, taking into account special 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 (elementary, middle, high) and provide an equitable distribution of student enrollment district -wide. f NOTE: School Board staff to review above definition in light of boundary setting process and adopted rules to ensure it is appropriate.] Permanent School District Facilities: An area within a school that provides instructional space for the maximum) number of students in core -curricula courses which 41 July 17, 2007 Transmittal Draft are assigned to a teacher basectl on the constitutional amendment for class size reduction and is not moveable. Permanent Student Station: Th floor area in a permanent classroom required to house a student in an instructional program, as determined by the FDOE. Proportionate Share Mitigation: An Applicant improvement or contribution identified in a binding and enforceable agreement between the Applicant, the School Board and the Local Government with jurisdiction over the approval of the plat, site plan or functional equivalent provide compensation for the additional demand on public school facilities • causes ay the resiaentiai aeveiopment or the property, as set rortn in section 163.3180(13)(e), F.S. for the education of children from pre- Public School Facilities: Faalities kinderaardenkinderaarten through twelfth grade operated by the School District. School Board: The governing body of the School District. a political subdivision of the State of Florida and a body corpora* pursuant to Section 1001.40, F.S. School District of Miami Dade ounty: The School District created and existing pursuant to Section 4, Article IX of t e State of Florida Constitution. Student Generation Multiplier (SGM): A rate used to calculate the number of students by school type (elementary, middle, high) and housing type (single-family, multifamily, etc.) that can be anticipated from a new residential development. Type of School: Schools providing pie same level of education, i.e. elementary, middle, high school, or other combination of rade levels. Utilization: A ratio showing the co parison of the total number of students enrolled to the overall capacity of a public scho I facility within a Concurrence Service Area (CSA). 42