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Home My WebLink AboutPublic School Concurrency PresentationCHOOL CONCURRENCY Presented to City of Miami Planning Advisory Board Wednesday, September 19, 2007 Revised Legislative Requirements ■ School Board Concurrency Task Force Mission ■ Recommendations Legislative Requirements Iri 2005, the State Legislature mandated school concurrency (Chapter 163, F.S.) School Concurrency assures that adequate public school facilities will be available concurrent with the impact of new development. Miami -bade must be in full compliance by Y January 1, 2008. Local governments must adopt a Public School Facilities Element as part of their comprehensive development plan. Local governmOnt precluded from adopting plan amendments which increase residential density. • School Board subject to sanctions imposed by Administration Commission involving the withholding of construction funds. School Board Concurrency Task Force • Authorized on August 17, 2005 • Charged with providing and implementing recommendations to all local governments to ensure timely compliance with new law Members: • School Board (2) • Miami -Dade County (1) • Miami -Dade League of Cities (2) • Builders Association of South Florida (BASF) (2) • Latin Builders Association (LBA) (1) • Regional Planning Council (non -voting member) School Board Concurrency Task Force • The Task Force was supported by the Staff Working Groupereat. e d under the auspices of the lnterlocal Agreement for Public School Facility Planning SWG serves as technical advisory team. Representatives from all 27 signatories to the ILA, including participation by Miami Planning Staff School Concurrency Task Force " Recommendations Concurrency Service Areas (CSA) • Level -of -Services (LOS) Standards • Public School Facilities Element Amended and Restated Interloc (ILA) • Concurrency Management S Concurrency Service Area (CSA) CSA is the specific geographic unit within a School District in which school concurrency is applied any measured. ■ Task Force recommended the CSA's be based on school attendance boundaries for the impacte schools, and if required that development impacts be shifted to adjacent schools within the applicabl geographic area. Level -of -Service (LOS) Standards • LOS must be adopted in the County's and Cities' y es Public School Facilities Elements end Capital Improvement Elements. • Task Force recommended LOS Standards of 100% FISH capacity (total and/or permanent) by the year 2013. • By end of 2010, the establishment of a new L Standards beyond 2013 based on 100% permanent FISH will be considered. Public School Facilities Element Legislation requires adoption of a uniform Public School Facilities Element (Element). ■ Ali local governments must adopt the Element in their comprehensive development master plans. ■ School District applied for a $25,000 Grant fro Department of Community Affairs to assist in development uniform Element template. 10 Public School Facilities Element • The Template was distributed to all local governments for adoption into their comprehensive plans. • Miami -Dade County (County) set the example for all local governments to emulate and transmitted the uniform Educational Element as part of their Comprehensive Development Master Plan (CDMP) amendment to the Department of Community � � Affairs (DCA) on July 27, 2007. ORC report expected back by September 30. 11 Highlights of Amended and Restated lnterlocal Agreement (ILA) ▪ Amended and Restated ILA includes adopted C A and revised LOS standards based on School District's financially feasible Facilities Work Program. • The SWG, in coordination with the Task Force's legal consultant, has completed a Final Draft ILA: ILA will be submitted to the School Board, the Miami -Dade County Commission and all non-exempt municipalities for adoption. ■ School Board adoption by October 17, 2007 and local governments by December 2007. 12 Highlights of Amended and Restated lnterlocal Agreement (ILA) ▪ SWG to meet by March 31 to address School Concurrency every year ■ Elected Officials Forum to be held annually ■ Planning Forum by May 31 Local Government to submit Development trends by September 30 District to submit its Facilities Work Program by October 20; Local Government to adopt by December 1 13 Highlights of Amended and Restated InterIocaI Agreement (ILA) Added Public School Facilities lenient Component. School Planning Level Review at CDMP Amendments, Zoning and DRI's. ■ Added new section on Implementation of Public School Concurrency. 14 Concurrency Management System (CMS) • Geographic Information System (GIS) based management program that will analyze school capacity availability, applying mandated school concurrency requirements. CMS is comprised of five basic components: v- Databases Input information of residential applications ✓ GIS-based analysis • Capacity determination; and v Generation of proportionate fair -share mitigation options 15 Concurrency Management System (CMS) The G I S-based computerized system is under development and will be on -fine for testing shortly, with full implementation by January 1, 2008. ■ Residential applications will receive a standardized credit against their impacts for those students that would attend magnet and charter schools, based on actual enrollments. County and Cities shall amend the CMS in their lane development regulations to require that all non- exempt new residential units be reviewed for school concurrency at the time of final plat, site plan review or functional equivalent. 16 Concurrency Management System (CMS) * opacity Reservations — Concurrency reservation certificates issued by the School District will be valid as follows, unless otherwise specified in a Development Agreement executed under the Proportionate Share Mitigation process: A. One (1) year from the date of issuance of T- Plat or Site Plan. B. Two (2) years from the date of issuance of Final Plat. May be extended for three (1) year terms. Concurrency Management System (CMS) PROPORTIONATE SHARE MITIGATION: ■ Proportionate share mitigation options for approval of additional residential dwelling units that fail to meet the LOS for public school capacity are as follows: ✓ Money: contribute full capital cost for pianne project; ✓ Land: donate land to and/or capital dollars equal to the cost of impact; 18 Concurrency Management System (CMS) • construction: build a planned project; ✓ Mix and match: combine two or more of these options to provide sufficient capacity to mitigate the estimated impact; and v Mitigation banking ■ The fair market value of any approved proportionate share miti ation must be credited towards anyschool impact fees imposed for the same purpose. 19 Concurrency Management System (CMS) EXEMPT and VESTED DEVELOPMENTS: ■ EXEMPT: ■ Developments that result in a total impact of less than one (1) student in any level or type of school; and ■ Developments with covenants restricting occupancy to exclude school age children (e.g., all residents must be 55 or over}. ■ VESTED: Some developments will be exempt because they were approved before school concurrency is implemented in 2008. These include: Projects with valid, unexpired site plans or final plats, as of December 31, 2007. ■ Projects, that have executed covenants or have providing monetary mitigation payments under the School Board's current voluntary mitigation procedures, as long as they follow through on that commitment. 20 Concurrency Management System (CMS) PROPOSED SCHEDULE OF FEES Land Use and Zoning $250.00 Review (No reservation) Plats Review (Reservation) Up to 20 units $250.00 21 to 100 units $350.00 101 to 200 units $500.00 201 to 500 units $750.00 501 units Plus $1000.00 Site Plan Reviews (Reservation) Up to 20 units $250.00 21 to 100 units $350.00 101 to 200 units $500.00 201 to 500 units $750,00 501 units Plus $1000.00 Building Permits: Building Permits $125,00 (without prior PSC Review but vested) Building Permits $ 0.00 (with School Conc. Certificate Master Number) Note: Building Permit fees are per permit. Other Fees: Revisions, Extensions and Vesting Letter $75.00 Proportionate Share Mitigation $250.00 21 Local Governments ■Submit CDMP amendment and Educational Element to DCA ■Receive and respond to ORC from DCA ■Adopt ILA and CDMP amendment Highlights of School oncurrency Related Elements • Educational Element ■ Capital Improvement Element ■ Concurrency Management Program Educational Element ■ GOAL EDU-1: DEVELOP, OPERATE, AND MAINTAIN A SYSTEM OF PUBLIC EDUCATION BY MIAA I-DADE COUNTY PUBLIC SCHOOLS, IN, COOPERATION WITH THE CITY AND OTHER APPROPRIATE GOVERNMENTAL AGENCIES, WHICH WILL STRIVE TO IMPROVE THE QUALITY AND QUANTITY OF PUBLIC EDUCATIONAL FACILITIES. • Objective EDU-1.1: Work towards the reduction of the overcrowding, while striving to attain an optimum level of service. Educational Element Objective EDU-1.2:,, The, jy of Miami ,shall Coordinate new residential develo • r1 eht ,With the future availabilit of public school facilities, consistent, With the adopted level of service standards:_orJ ubJic school concurrencv, �.. Polic EDU-1.2,1: 0e inning January »1 2008 the ado ted level of. service (LOS) standard for, all Miami -Dade County public school facilities is 100% utilization of Florida Inventory of School , Houses (FJSH). Capacity (With Relocatable Classrooms). • All public school facilities should continue to maintain . or decrease their percent utilization of FISH capacity (With Relocatable Classrooms). Public schools facilities that achieve 100% utilization of Permanent FISH capacity (No Relocatable Classrooms) should no longer utilize relocatable classrooms except as an operational solution. Educational Element MP m Policy IDU-1.2.2: It is the oaf of Miami -Dade County Public Schools, and The CI y of Miami for all public school facilities to achieve , 100%, utilization of Permanent FISH (No Relocatable Classrooms) capacity by January ,1, 2018. • To this end, beginnin January 1, 2013 the Miami -Dade County Public Schools, should not use relocatable classrooms to provide additional FISH capacity at any 8choof except as an operational solution. Additionally beginning January ,1, 2013 the Miami -Dade County Public Schools will implement a schedule to eliminate all remaining relocatable classrooms ,by January 1, 2018. r Policy EDU-1.2.3: In the event the adopted ,LOS standard of a CSA cannot be met as a result of a pro osed develo ment's impact, the development may proceed provided at least one of the following conditions is met: 2e Educational Element The development's impact can be shifted to one or mare adjacent CSAS that have available capacity located, either in , whole or in part, within the same Educational Impact ..Fee Benefit District as the proposed development; or The development's impact is mitigated, proportionate to the demand for public schools it, created, through a combination of one or more proportionate share mitigation options. The development's impacts are phased to occur when sufficient capacity will be available. If none of the above conditions is met, the development shall not be approved. 27 Concurrency Management Program Concurrency refers to a provision of Florida ..law that requires certain public facilities and services to be available when the impact of land development occurs. They must be available "current with" the impact of development. • Levels of Service (LOS) are measures that determine the capacity of the pubic facility per unit of demand. Local governments are required to adopt LOS standards for the following services: • Recreation and Open Space • Potable Water • Sanitary Sewer • Storm Drainage • Solid Waste • Traffic Circulation • Educational/ Public School Facilities 28 Concurrency Management Program ■ The Levels of Service for each element are ,ado 1 ted by the local aovernmeht in its Comprehensive Plan and approved by the state. Consequently, if any of the facilities or services are not available or are deficient in their LOS, development cannot take place until they are provided at the required levely "concurrent with" the impact of the development. Public School Facilities ■ Necessary public school facilities must be in place or under actual construction Within three ears after of Ian final issuances of final subdivision of si approval, or the functional equivalent. e • Capital improvements associated with the construction of , educational facilities are the responsibility of the Miami -Dade County Public School. Public School Facilities ■ The City shall coordinate with the Miami -Dade Count Public Schools, to annually update its Facilities Wor Pro ram and to ensure that the adopted level of service standard, will continue to be achieved sand maintained. ■ The Cit throe h its annual u date to the Ca Itat Improvements Schedule, will incorporate by reference the latest adopted Miami -Dade County Public Schools Facilities Work Program for educational facilities. Questions & Answers