05-15-07 Item 2eSouth Miami
p4me"cam
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Directo
Date: May 11, 2007
Subject:
TRANSMITTAL OF THE DRAFT AMENDED AND RESTATED INTERLOCAL
AGREEMENT FOR PUBLIC FACILITY IN MIAMI DADE COUNTY TO THE MAYOR
AND CITY COMMISSION.
Enclosed for your review is the subject document prepared by Miami -Dade Public Schools
System in response to the 2005 Growth Management Act requiring that all schools update their
interlocal agreement to reflect the new statutory mandate to implement the public school
concurrency.
The School Board is responsible for providing a uniform system of free and adequate public
schools to all school age children in Miami -Dade County. Section 1013.33, Florida Statutes,
mandated that the location of public schools must be consistent with the comprehensive plan and
implemented land development regulations of the appropriate local governing body. As a result,
Miami -Dade County and all municipalities are entering into this "Amended and Restated
Agreement" with the School Board to ensure that appropriate financially feasible capital facilities
are implemented to maintain the adopted level of service standard.
April 24, 2007 Draft
AMENDED AND RESTATED'
INTERLOCAL AGREEMENT
1071
PUBLIC SCHOOL FACILITY PLANNING
IN MIAMI -DADE COUNTY
This Amended and Restated Agreement is entered into between Miami -Dade - Deleted: a
County, a political subdivision of the State of Florida (hereinafter referred to as
"County "), the Municipalities ,of City of Aventura,_Town of Ba�r_Harbor Islands, Deleted: Cities
- - - -- --- - - - - -- ----------- -
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, , , - Deleted: Village of Indian Creek
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 ").
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
to provide a uniform system of free and adequate public schools on a countywide
The base document includes the Agreement. 1st Supplemental Aareement. and 2nd
Supplemental Aareement, all originally adopted in 2003, combined into one restated interlocal
agreement. Seta -era# and Underline shows suggested changes for the 2007 Amendment to
the Agreement.
Deleted:
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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, (2) greater efficiency for the school board and local
governments by placing schools to take advantage of existing and planned
roads, water, sewer, and parks, (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
opportunities, (6) reduction of pressures contributing to urban sprawl and support
of existing neighborhoods by appropriately locating new schools and expanding
and renovating existing schools, 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 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 rezonings or other development
orders that generate students and impact the school system and the Cities have
similar iurisdiction within their boundaries: and
WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local
government 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
governments are to be coordinated; and,
WHEREAS. the 2005 Florida Legislature adopted Chapter 2005 -98 Laws of
Florida. codified at Sections 163.31777 163.318003) and 1013 33 Florida
Statutes (sometimes referred to herein as "Senate Bill 360 ") which in relevant
part, required that all school interlocal agreements be updated to reflect a new
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statutory mandate to implement public school concurrence; andWHEREAS, the - - - Deleted: ¶
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 projected 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's Facilities Work Program "):
and
WHEREAS, the School Board has further committed to update and adopt the
District's Facilities Work Program yearly to add enough capacity in the new fifth
year to address projected growth and to adjust the District's 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, y e_nterin into this Amended and Restated Agreement the School - Deleted: B
Board, County, and he Cities are fulfilling their statutory obligations andJ - Deleted: a
requirements recognizing the benefits that will accrue to their citizens and
students described above, Deleted: ;
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 Meetings
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
program for five, 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
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school funding), the implementation of public school concurrence,
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. Veetin�s of the - -
- Deleted: The initial m
working group shall be held upon at least thirty 30) days written advance -
-
Deleted: within so days of the date of
notice, and shall be coordinated by the School Board Superintendent, or
execution of the interlocal agreement,
designee, _ The Staff Working Group shall meet no later than March 31 -
-
Deleted: , provided however, that the School
each year to address student enrollment projections, and by April 30 and
Board staff snarl use its best efforts nrt
November 30 of each year to address the public school concurrence
the initial meeting to occur in a timely y maannneer to
provide meaningful participation by local
management system, and any proposed amendments to the School-
governments in the School Board's 2003 -04
related comprehensive plan provisions. The April 30 deadline shall apply
planning process
where changes are proposed for the County's first comprehensive plan
amendment cycle of the following year, and the November 30 deadline
shall apply for changes proposed in the second cycle of the following year.
1.2 Elected Officials Forum: The School Board Superintendent and /or
designee shall coordinate a,joint workshop session at least annually and _ - Deleted: n
invite one or more representatives of the County Commission or their^ Deleted: bi- annual
designee, the governing body of each City or their designees, and the Deleted: s
School Board or their designee(s). A representative of the South Florida
Regional Planning Council will also be invited to attend. The School Board
shall provide the meeting invitations with at least thirt 301 days advance
written notice of such meeting to the person designated as a contact in
this Amended and Restated Agreement, Modifications and amendments Deleted: The initial joint workshop session
shall be considered by each party to this Amended and R @Stated shall be held within six months of the date of
the execution of the Interl ocal Agreement by all
Agreement in accordance with Section 1A, and may be discussed at the parties, but no later than March 1, 2004 to
-
Joint Workshop sessions. The joint workshop sessions provide present, discuss, consider and negotiate
modifications or amendments to the Agreement;
opportunities for the County Commission, the City Commissions or provided however, that any such modifications
Councils, and the School Board to hear reports, discuss policy, Set statutes egoverning helAgr Agreement. with the
direction, and reach understandings concerning issues of mutual concern Deleted:4
regarding 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 concurrency,
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 fives -year population projections shall be
updated at least once every twos years by the County. The School
Board may enter into a separate agreement with the County for the
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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 governments 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
Amended and Restated __ Agreement, to allocate projected _ student - _ - Deleted: Interlocal
enrollment by Minor Statistical Areas. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: The allocation of projected student
enrollment wdescribed in subsection 1.1. ill be determined at the first staff
Section 3. Coordinating and Sharing of Information meeting
3.1 Tentative District Educational Facilities Work Program By May 31 of - --
Deleted: Plan
each year, the School Board shall submit to the County and , CitLiq& the
Deleted: June 30th
tentative district educational facilities prior to adoption by the Board. The
Deleted: each
tentative plan will be consistent with the requirements of Section 1013.35,
Deleted: y
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 twent 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 51 -year period. The Cities and County shall review and
evaluate the tentative plan and comment to the School Board by June 3Q - _ -
Deleted: within 60 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 County and
Cities no later than October 31 and it shall be adopted into the County's
and Cities' comprehensive plans each year no later than December 1- _ -
Deleted: ¶
3.2 Educational Plant Survey: The School Board will remain responsible
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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 Arareement.
Deleted: a
3.3 Educational Facilities Impact Fee Ordinance: The County and the
School Board shall,Ret rm a review at least every three (3) gears of the - --
Deleted: annually
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 this review will be the adjustment of impact fee - --
Deleted: annual
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,the County and School Board shall employ their best efforts to - --
- - -- --------- - - - - --
Deleted: (EFIFO)
-- - - - - --
evaluate a more equitable distribution of impact fee assessments„- The_ - -
-
Deleted: including redistricting to create
School Board and Count wtl rovide for local government, industry and
County �p g
east/west alignments of benefit districts
- - - - - submitting - - - - - - - - - - - - - - - - - - -
citizen participation and input,, prior to recommendations to the
throughout the County. Such benefit districts
should combine urban infill and emerging
Board of County Commissioners for substantive revisions to the
development areas within the County
Educational Facilities Impact Fee Ordinance, its formula, and /or the
Deleted: are encouraged to
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 o each year,_, -
Deleted: January 31st
local governments will provide the School Board with a report on growth
and development trends within their jurisdiction, based on the previous
calendar year. 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; l - Deleted: ,
(c) The County shall report to the School Board the school impact
fees collected annually on building permit applications. 'This report - 4 Deleted:, said
shall include the amount of the fee collected and location of the
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proposed residential development. The School Board shall report
to the County 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 student, ands conversely Deleted: ,
information on the number of residential units converted to non-
residential uses; and
(e) The identification of any development orders issued that contain , - Deleted: s
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.
3.5New, Exl2anded and Renovated School Facilities: The Staff Working Deleted: 3.5
Group shall provide recommendations on the planning of new
facilities, additions or renovations for consideration by School Board
staff and the SSPCC 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.
Deleted:
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CALENDAR OF KEY ANNUAL DATES'' - Deleted: 9
March 31 Staff Working "Group meeting re enrollment proiections
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Sentember'30 Cities' and'County's Growth Reports to School Board
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6 Public School Facilities Element:
(a) Initial comprehensive plan amendments related to the Public Schools
Facilities Element to satisfy Senate Bill 360 requirements: 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 Senate Bill 360 are being
adopted into the comprehensive plans of the County and Cities
concurrently with the execution of this Amended and Restated 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's 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 November 30 (County's second comprehensive plan amendment
cycle), to determine whether updates to the comprehensive plans are
required. At a minimum, the District's 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's 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 concurrency system, with each
other, and with the School Board's facilities plans and policies. Each City
may choose to adopt all or a portion of the County's school - related
element provisions into its comprehensive plan by reference, or it may
April 24, 2007 Draft
adopt its own school - related element provisions. If a City adopts its own
school - related element provisions, any goal, obiective, policy or other
provision relevant to the establishment and maintenance of a uniform
district -wide public school concurrence 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
concurrence 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 County'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's 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 Amended and Restated Agreement, at the time of
the Evaluation and Appraisal Report, the County and Cities shall schedule at
least one Staff Working Group meeting with the School Board to address needed
updates to the school - related comprehensive plan provisions, - Deleted: ¶
Section 4. School Site Selection, Significant Renovations, and Potential
School Closures
4.1 The School Board staff has amended .Rule 6Gx13 -2C- 1.083, Section Deleted: shall endeavor to ensure rule making
�- - - proceedings are completed by the May 14,
II.D. Membership, to expand the membership of its standing School Site 2003 meeting, so that final reading is given to
Planning and Construction Committee (SSPCC) by four voting members the amendment to
as follows: "a floating member" designated by the City Manager of the Deleted: r
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
item; a representative selected by the Miami -Dade County League of
Cities; a Miami -Dade County representative selected by the County
10
April 24, 2007 Draft
Manager or designee --and ja member of the residential construction -
industryFor purposes -of this Section, a floating_ member from the most l
impacted local government shall be defined as the local government
jurisdiction in which the proposed project is located. 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 May 31, as a joint 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 Amended and Restated 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 Sub 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
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 30) days
advance written notice of such meeting to the person designated as 'a
contact in this Amended and Restated Agreement. The Superintendent or
designee shall forward the SSPCC recommendations referenced in this
Amended and Restated Agreement to the School Board so that they may
be considered by the Board at the time that it deals with the issues to
11
Deleted: "
Deleted: "
Deleted: "
Deleted: Based upon a projected completion of
rule making proceedings by the School Board's
May 14, 2003 meeting, the School Board staff
shall endeavor to ensure the SSPCC is
operational and holds its initial meeting by June
2003, to provide meaningful participation to
local governments in the School Board's 2003-
04 planning process.
Deleted: In the event that this rule change is
not accomplished as required herein, the
School Board 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 allocated to the SSPCC.
April 24, 2007 Draft
which the recommendations relate
4.2 When the need for a new school is identified and funded in the
District's Facilities Work Program the SSPCC will eview a list of Otentlal --
the SS -- - - -- x- �-__------ p- - - - - --
Deleted: district educational facilities plan
P
sites in the area of need. The list of potential sites for new schools and the
Deleted: develop
list of schools identified and funded in the District's Facilities Work
Program for significant renovation, the location of relocatables, Or - -
Lg___n
- Deleted: district educational facilities Ian
p
additions to existing buildings and potential closure and opportunities for
collocation will be submitted to the local government with jurisdiction over
the use of the land for an informal assessment regarding consistency with
the local government 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 An�r proposed amendments to this rule, which may - --
Deleted: "N'
impact upon the terms of this Amended and Restated Agreement_ shall be _ _
- Deleted: lnterlooal
submitted to the affected local units of government prior to submission-to-
the SSPCC and to the School Board.
('NOTE: Attach July 14,,,'2'004 version as Exhibit 1. ]
4.4 Pursuant to Section 1013.33(11), Florida Statutes, at least sixt 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 government with jurisdiction over the use of the land. The local
government, upon receipt of this notice, shall notify the School Board
within fort -five 1451 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 government'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 government's determination of consistency
pursuant to Section 1013.33 12 Florida Statutes.
Deleted: s
Section 5. Supporting Infrastructure
5.1 In conjunction with the preliminary consistency determination
described at subsection 4.4 of this Amended and Restated Agreement, - Deleted: a
the School Board and affected local governments will jointly determine the
need for, and timing of, on -site and off -site improvements necessary to
support each new school or the proposed significant expansion of an - Deleted: renovation
existing school, in those instances where capacity is being added to
accommodate new student populations. significant expansion , shall_ - - - Deleted: s
include construction improvements that result in a greater than five (5) Deleted: renovation
percent increase in student capacity, the location of portables, or additions
to existing buildings for high schools. For significant expansions to middle
schools, the applicable percentage shall be ten (10) percent, and for
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April 24, 2007 Draft
significant expansions to elementary schools (including K -8 centers), the
applicable percentage shall be fifteen (15) percent. Where the expansion
involves an increase in capacity, the School Board and affected local - - Deleted: T
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, 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-
Deleted: R- 535 -92 M as - ado Jun �. te on )
- - - - - - ./- Deleted: May
`.
6.2 The School Board will coordinate any and all proposed construction Deleted: 5
or expansion of public educational facilities, including the location of new Deleted: 1992
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.
Section 7. Local Planning Agency, Comprehensive Plan Amendments.
Rezonings, and Developments of Regional Impact Deleted: eveloomentAoorovals
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, as a non - voting
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, �ezonings' or Developments of Regional Impact are 4 Deleted: and
considered that would, if approved, increase residential density. The
County and Cities mays appoint such School Board representative to the , , - Deleted: , at their sole discretion,
planning agency, and, at their sole discretion. may grant voting status to
the School Board representativ Deleted: member
7.2 The School Board will designate a staff representative to serve in an
advisory support capacity on the County's staff development review
13
April 24, 2007 Draft
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 Developments of
Regional Impact are proposed that would create an increase in the/
number of residential units. It shall be the responsibility of School Board ,
staff to pe prepared_to_commen in_writing to the local staff d_ evelopm_ent
review committees at least five 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 concurrence review at the plat, site plan or functional
equivalent stage, consistent with Section 9 of this Amended and Restated
Agreement. A copy_of the applicatio r shall-be delivered to the-School-,'
Board representative at least fifteen 151 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 Procedures_�VlanuaI, adopted in accordance with the
provisions set forth in this A-
mended 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
,procedures Manual was develoRed and may be amended through a�
collaborative process with the Staff Working Group- _ _ _ -
[NO TE� 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
Developments of Regional Impact that may affect student enrollment,_---
enrollment projections, or school facilities
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 evelo-ment of Regional Impact -ro osal The a%
School Board will also include capacity information on approved charter -
schools that provide relief in the area of impact. The School District will
charge a non refundable application fee payable to the School District to
reimburse the cost to review comprehensive plans rezonings and
Developments of Regional Impact pursuant to this Section. Payment shall ;
be required prior to the commencement of review.
7.5 The review by the School Board staff regarding comprehensive plan N,
amendments, rezonings and Developments of Regional Impact containing
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 concurrence review. This
Section shall not be construed to obligate a City or County to deny or
14
Deleted: development and redevelopment
proposals
Deleted: review the potential impact of a
proposed (re) development based on current
Florida Inventory of School Houses (FISH)
capacity
Deleted: (both permanent and relocatables)
Deleted: and
Deleted: convey this information
Deleted: The School Board shall only be
required to provide such review where the
proposed (re) development will result in an
increase in FISH capacity (permanent and
relocatables) in excess of 115 %, except when
such review is requested by the local staff
development review committee. This figure
shall be considered only as a review threshold
and shall not be construed to obligate the
County or a City to deny a development should
the School Board fail to identify options to meet
anticipated demand or should the collaborative
process described in this Section fail to yi
Deleted: plans
Deleted.p
t eted: m
eted: to be eted: p
Deleted: m
April 24, 2007 Draft
approve (or to preclude a City or Countv from approving or denying) an
application r If the school impact fees are amended as proposed by the -
-
Deleted: development should the School
School District and approved on first reading by the Miami -Dade County
Board fail to identify options meet anticipated
meet
Commission, then School Board Policy F -7 shall be repealed. If not, then
demand or should the collaboo process
described in this Section fail to yield a means to
the applicant may choose to offer and the School Board may consider
ensure sufficient capacity
voluntary mitigation, over and above school impact fees, to address the
anticipated student impact, pursuant to School Board Policy F -7 as it may
be amended from time to time (and shall be amended to address school
concurrency and become consistent with this Amended and Restated
Agreement). A copy of the current Policy F -7 is attached hereto as Exhibit
3. As it relates to the collection of impact fees, this provision shall not be
subject to dispute resolution under Section 9 of this Amended and
Restated Agreement.
NOTE: "Need to attach the current Policy Exhibit 3.'`
7.6 In the review and consideration of comprehensive plan amendments,
rezonings, and Developments of Regional Impact _proposals, and their Deleted: d
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;
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
15
April 24, 2007 Draft
g. The general location of public schools proposed in the District's
Facilities Work Program as well as other available information over Deleted: five-year work Plan
a tenon and twenty 201 year fimL-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's Facilities Work Program Deleted: School Board district Educational
r__________________________— Facilities 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
(CDDS) and_other available funding -mechanisms created-by state_,,- Deleted:'s
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, Cities_ and _ - - Deletes: and
County will work together, via the Staff Working Group {the SSPCC, and_ _ _ - {Deleted. and
the Citizens Oversight Committee to look for opportunities to collocate and
share use of school facilities and civic facilities when preparing the
District's Facilities Work Program, _Likewise, collocation and shared use - Deleted: District Educational Facilities Plan
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
16
April 24, 2007 Draft
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 Concurrenc
9.1 This section establishes the mechanisms for coordinating the
development, adoption, and amendment of the District's 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 districtwide public school concurrence system as required by law.
9.2 The School Board. County and Cities agree to the following
principles for public school concurrence 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 County'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 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 Amended and Restated 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) vears of the District's
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);
17
April 24, 2007 Draft
b. The portion of reserved capacity having a valid
unexpired certificate of concurrency from the School District:
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
CSA.
The School District will charge a non refundable application fee payable to
the School District to reimburse the cost to review matters related to public
school concurrency. Payment shall be required prior to the
commencement of review.
In evaluating a final subdivision, site plan, or functional equivalent for
concurrency, any relevant programmed improvements in the current year
or Years 2 or 3 of the District's 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's 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 District from using a portion of the affected school facility.
18
April 24, 2007 Draft
(b) Level of Service Standards: Public school concurrence shall be
applied on a less than district -wide basis, to concurrence service areas as
described in subsection (c). The uniform. district -wide Level of Service
Standards for Public School Facilities are initially set as follows, and shall
be adopted in the County'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%
Permanent FISH Capacity (No Relocatable Classrooms).
Public School Facilities not meeting this LOS Standard as of
January 1, 2008, will have a ten (10) year period in which to
achieve this adopted LOS Standard, through a series of
Interim Level of Service Standards. By January 1, 2018. all
Miami -Dade Countv Public School facilities shall achieve
and maintain the adopted LOS Standard. Once a public
school facility achieves 100% Permanent FISH Capacity (No
Relocatable Classrooms), it shall not exceed that LOS
Standard. Between January 1, 2008 and January 1, 2018
the following Interim LOS Standards shall be applicable in
each affected public school Concurrency Service Area
(CSA), defined as the public school attendance boundary
established by the Miami -Dade County Public School
System.
a. Beginning January 1, 2008 to September 1. 2010:
(1) 100% of FISH Capacity (With Relocatable
Classrooms) is the Interim LOS Standard for those
schools that cannot meet the adopted LOS Standard
above, and are operating at less than or up to 100%
FISH Capacity (With Relocatable Classrooms).
These schools, identified in Appendix A, shall not
exceed 100% FISH Capacity (With Relocatable
Classrooms): and
(2) An assigned Interim LOS Standard for each
school exceeding the LOS Standards in a.(1) above,
based on FISH Capacity (With Relocatable
Classrooms) is identified in Appendix B. No school
identified in Appendix B shaF exceed its assigned
FISH Capacity (With Relocatable Classrooms).
19
April 24, 2007 Draft
b. Beginning September 2, 2010 to December 31
2017:
(1) 100% of FISH Capacity (With Relocatable
Classrooms) is the Interim LOS Standard for those
schools that cannot meet the adopted LOS Standard.
These schools shall not exceed 100% FISH Capacity
(With Relocatable Classrooms). Beginning January
1,_ 2013, the Miami -Dade County Public School
System shall not use relocatable classrooms to
provide additional FISH classroom capacity at any
school. Additionally, beginning January 1, 2013, the
Miami -Dade County Public School System will
implement a schedule to eliminate all remaining
relocatable classrooms by January 1, 2018.
Relocatable classrooms may be used by the Miami -Dade
County Public School System as an operational solution
during replacement, renovation, remodelina or expansion of
a public school facility; and in the event of a disaster or
emergency which prevents the School District from using a
portion of the affected school facility.
2. Magnet Schools, schools of choice, and other schools
with a districtwide attendance boundary shall be made
available on a districtwide basis to those residents of Miami -
Dade County who meet the requirements of the school.
a. No credit against the impact of development shall
be given for such districtwide educational facilities if
their enrollment is at or above 100% FISH Capacity
(With Relocatable Classrooms).
b. By January 1, 2013, such districtwide educational
facilities shall not exceed 100% FISH Capacity (With
Relocatable Classrooms).
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 November 30 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 Amended and Restated Agreernent by all parties and
the adoption of amendments to the County'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
pill
April 24, 2007 Draft
Amended and Restated 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's Facilities Work Program. After adoption of the
District's first Facilities Work Program which was relied on for public
school concurrency requirements, capacity shall be maintained within
each year of the District's subsequent Facilities Work Program. If the
impact of the proiect will not be felt until Years 2 or 3 of the District's
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 proiect will
not be felt until Years 4 or 5 of the District's 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 proiect is accelerated into the first three (3)
years of the District's Facilities Work Program.
(c) Concurrency Service Areas: The Concurrence Service Area
(CSA) shall be the student attendance boundaries for elementary, middle
and high schools. The concurrency service area boundaries shall be part
of the data and analysis in support of the County's and Cities'
comprehensive plans. Concurrency 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 Deleted: ¶
affected concurrence 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 obiectives, 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 -Dade 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 to the concurrence service areas, other than
periodic adiustments to student attendance boundaries, or to redefine the
concurrency service area as a different type of boundary or area shall be
21
April 24, 2007 Draft
considered annually at the Staff Working Group meeting to take place
each year no later than April 30 or November 30, and shall take into
account the issue of maximization of capacity. Other considerations for
amending the concurrence service areas may include safe access
(including factors such as the presence of sidewalks, bicycle paths, turn
lanes and signalization, general walkability), diversity, and geographic or
manmade constraints to travel. If there is a consensus to change the
concurrence service area to a different type of service area or geographic
configuration, it shall be accomplished by the execution of an amendment
to this Amended and Restated Agreement. The changed concurrence
service area shall not be effective until the amendment to this Amended
and Restated Agreement is fully executed and related amendments to the
County and Cities' comprehensive plans are adopted. Proposed
amendments to the concurrencv service areas shall be presented to the
Staff Working Group and incorporated as updated data and analysis in
sport of the County's and Cities' comprehensive plans. No concurrencv
service area shall be amended or redefined without a showing that the
amended or redefined concurrencv service area boundaries are financially
feasible and can be achieved and that the adopted LOS Standard can be
maintained over the five years of the District's Facilities Work Program (or
ten years of the ten -year capital facilities plan, if the facility is backlogged).
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 Standard, and if capacity is available in one or more
contiguous concurrencv service areas within the first three years of the
District's Facilities Work Program in the same impact fee benefit district.
the School Board at its discretion shall determine the contiguous
concurrencv 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 local government shall then notify the applicant of
the finding.
(d) Student Generation Multipliers: The School Board 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 inasmuch as possible, and shall be adopted into the
County's and Cities' comprehensive plans. The school enrollment
proiections will be included in the tentative district educational facilities
plan provided to the County and Cities each year as specified in
Subsection 3.1 of this Amended and Restated Agreement.
22
April 24, 2007 Draft
(e) Concurrency Management 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 concurrence 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 concurrence. In the event that the Comprehensive Plan
amendment(s) or amendment(s) to this Amended and Restated
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 District
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 subiect to the final plat or site plan (or functional
equivalent) as provided in Section 9.2(g) below.
However, this Amended and Restated 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
even if it meets school concurrency. The County and Cities, in
consultation with the School Board, shall also amend their concurrence
management systems in their land development regulations to address
public school facilities, so that the annual monitoring reports provided to
their governing bodies shall cover schools as well as the other
concurrency facilities within one hundred and twenty (120) days of the
effective date of this Amended and Restated Agreement.
23
April 24, 2007 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 District 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 one (1) year beginning from the date the
application received final approval from the City or County. One six (6) -
month extension to this one (1) -year period shall be granted upon request.
If the application was denied, the School District shall deduct from its
database the students associated with the application.
(f) Proportionate Share Mitigation: The School District shall
establish within the District's 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
District:
2. Cost per Student Station estimates for elementary,
middle and high schools. Such estimates shall include all cost of
providing instructional and core capacity including, without
limitation, land, design, buildings, equipment and furniture, and site
improvements. The cost of ancillary facilities that generally support
the school district and the capital costs associated with the
transportation of students 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.
The above factors shall be reviewed annually and certified for
application for proportionate share mitigation purposes during the
period that the District's Facilities Work Program is in effect.
In the event that there is not sufficient capacity in the affected or
contiguous concurrence service area to address the impacts of a
proposed development, the following steps shall apply. Either (i) the
project must provide capacity enhancement sufficient to meet its impacts
through proportionate share mitigation; or (ii) a condition of approval of the
site plan or final plat (or functional equivalent ) shall be that the project's
impacts shall be phased and building permits shall be delayed to a date
24
April 24, 2007 Draft
when capacity enhancement and Level of Service can be assured; or NO
the project must not be approved. The school board and the affected local
government shall coordinate on the possibility of mitigation.
Options for providing proportionate share mitigation for any approval of
additional residential dwelling 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 full capital cost of a planned project, or proiect
proposed to be added to the first three (3) years of the District's
Facilities Work Program, in the affected concurrence service areas,
providing sufficient capacity to absorb the excess impacts of the
development, on land owned by the School District or donated by
another development.
2. Land - Donate land to and /or capital dollars equal to the cost of impact
to the School District needed for construction of a planned proiect, or
proiect proposed to be added to the first three (3) years of the District's
Facilities Work Program in the affected concurrence service areas, and
the School District or some other entity funds the construction of or
constructs the proiect.
3. Construction - Build a planned proiect, or proiect proposed to be added
to the first three (3) years of the District's Facilities Work Program, on
land owned by the School District or donated by another development,
with sufficient capacity to absorb the excess impact of the development
in the affected concurrence service area. (usually, proiects are more
than one classroom).
4. Mix and Match - Combine two or more of these options to provide
sufficient capacity to mitigate the estimated impact of the residential
development on the affected concurrence service areas.
5. Mitigation banking - Mitigation banking within designated areas based
on the construction of a public school facility in exchange for the right
to sell capacity credits. Capacity credits shall only be transferred to
developments within the same concurrency service area or a
contiguous concurrence service area. Mitigation banking shall be
administered by the School District in accordance with the
requirements of the concurrence mitigation system.
April 24, 2007 Draft
Mitigation shall be directed to projects in the first three (3) years of the
District's Facilities Work Program that the School Board agrees will satisfv
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)]_
Credit for Districtwide Capacity of Magnet Schools and Charter
Schools that are Not Over LOS Standard —
Number of Available Student Stations
Cost of Proportionate Share 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 and the School Board shall consider the evaluation
report and the options that may be available 'For proportionate share
mitigation including the amendment of the District's Facilities Work
Program. If the local government 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 bindinq development agreement shall be entered into between the
School Board, the relevant local government and the applicant and
executed prior to issuance of the final plat site plan or functional
equivalent. In that agreement, if the School Board accepts the mitigation
the School Board must commit 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 by the School Board This agreement shall also
address the amount of the impact fee credit that may be due for the
mitigation, and the manner in which it will be credited.
26
April 24, 2007 Draft
Upon execution of a development agreement among the applicant, the
local government and the school district 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 Concurrence: The School Board
County and Cities shall use the processes and information sharing
mechanisms outlined in this Amended and Restated Agreement to ensure
that the uniform district -wide public school concurrency system is updated
the District's Facilities Work 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 County's and Cities' capital
improvement elements no later than December 1 of each year.
The School District shall not amend the District's Facilities Work Program
as to modify, delay or delete any project that affects student capacity in
the first three (3) vears of the Five Year Plan unless the School District
with the concurrence of a majority of the School Board members provides
written confirmation that:
1. The modification, delay or deletion of a project is required in
order to meet the School District'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
patterns 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 Concurrency Service Area from which the
originally planned project is modified, delaved 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
Service Area from which the originally planned project is modified,
delayed or deleted: and
4. The Staff Working Group has had the opportunity to review
the proposed amendment and has submitted its recommendation to
the Superintendent or designee.
The School Board may amend the District's Facilities Work Program at
anytime to add necessary capacity proiects to satisfy the provisions of this
Agreement. For additions to the District's Facilities Work Program the
27
April 24, 2007 Draft
School Board must demonstrate its ability to maintain its financial
feasibility.
9.4 Exemptions and Vested Development: The following types of
developments shall be exempt from the requirements of public school
concurrence:
,a._ Developments that result in a total impact of less than one (1)_ -- Deleted:¶
student in any level or type of school: and
b. Development with covenants restricting occupancy to exclude
school age children (e.g., 55 and over).
The following types of developments shall be considered vested from the
reguirements of public school concurrency:
a. Developments with 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.
Deleted: 9
Section 1�(. Resolution of Disputes
Al If t_he parties to this Amended and Restated Agreement are unable to
Deleted: s
resolve any issue in which they may be in disagreement covered in this - Deleted: a
Amended and Restated Agreement, the_applicable parties to the dispute_ - Deleted: a
will employ dispute resolution procedures pursuant to Chapter 164 or
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.
Deleted:0
Section 11 Oversight Process
11 1 The School Board shall appoint up to nine (9) citizen members, the - Deleted:0
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 Restated.,8greement. The School_ Deleted: a lnterlocai
Board shall organize and staff the meetings of this Citizens Oversight Deleted: a
Committee, calling on the Staff Working Group for assistance as needed.
28
April 24, 2007 Draft
It shall provide no less than seven (7) days written notice of any_meeting_ _ - - Deleted: thirty (30)
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 all
meetings referenced in Sections 1 and 4 and shall receive copies of all
reports and documents produced pursuant to this Amended and Restated
Agreement. The Citizens Oversight Committee shall appoint a
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 sixt 60,E 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 Citizens Oversight
Committee shall adopt bylaws that shall govern its operation_ - Deleted:
Section 1Z Effective Date and Term - Deleted:1
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 Restated
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. , The --
failure of any party to execute the Agreement by January 1, 200$ may -,,
subject that party to penalties as provided by statute. This Amended and
Restated Agreement may be amended by mutual adoption by all parties,
at the yearly joint meeting or as the situation warrants. This Amended and
Restated Agreement may be earlier cancelled by mutual agreement of
individual Cities or County and the School Board unless otherwise
cancelled as provided or allowed by law. In such a case, the withdrawing
party /ies and the School District may be subject to sanctions from the
Administration Commission and the Florida Department of Education,
unless they enter into a separate agreement within 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
concurrence system.
Section 13, Severability
If any item or provision of this Amended and Restated 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
P&
Deleted: This Agreement shall become
effective upon the signatures of the School
Board and County, and shall remain in full force
and effect for a period of five (5) years from the
effective date.
Deleted: The execution of the Agreement by
each City shall make it effective as to that City.
Deleted: March 1, 2003
Deleted: This Agreement may be extended
upon the mutual consent of the parties hereto
Deleted: this Agreement
Deleted: for an additional five (5) years, on the
same terms and conditions as provided herein,
provided that the party seeking an extension
gives written notice to the other parties of such
intent to extend no later than one (1) year prior
to the expiration of the then current term, and
the other parties agree in writing to such
extension. Extensions shall be valid as to those
parties consenting in writing thereto, even if not
all parties hereto so consent. ¶
Deleted: 2
April 24, 2007 Draft
permitted by law.
Section 14. Notice and General Conditions Deleted:3
A. All notices which may be given pursuant to this Amended and
Restated Agreement, except notices for meetings provided for
elsewhere herein p shall be in writing_ and - shall be delivered by_ - Deleted: this Agreement
--------- - - - - -- --------------- -
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
Deleted: Phone: (305) 446 -8910¶
Town Manager Fax: (305) 466 -8919 ¶
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 Bay
City Manager
City of Doral
Mayor
Village of El Portal
500 N.E. 87 Street
El Portal, Florida 33138 -3517
30
April 24, 2007 Draft
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 Offi gal--------------------------------------------------- Deleted:cer
City of Hialeah Gardens
10001 N.W. 87 Avenue
Hialeah, Gardens, Florida 33016
City Manager
City of Homestead
790 North Homestead Boulevard
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
31
April 24, 2007 Draft
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
North Bay Village, Florida 33141
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 33162
Director of Community Development and Planning
City of Opa -Locka
777 Sharazad Boulevard
Opa- Locka, Florida 33054
Village Attorney
The Village of Palmetto Bay
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
Planning Director
Village of Pinecrest
11551 S. Dixie Highway
Pinecrest, Florida 33156
City Manager
32
April 24, 2007 Draft
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
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
Amended and Restated Agreement.
Section 15, Merger Clause - j Deleted: A
This Amended and Restated - Agreement, _together_ with the Exhibits_ , , Deleted: Interlocal
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 Amended and Restated 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 Amended and Restated
33
April 24, 2007 Draft
Agreement and the provisions in the incorporated Exhibits then this
Amended and Restated Agreement will prevail.
Any amendment to this Amended and Restated 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 Amended and Restated 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 16, Counterparts Clause - Deleted: s
This Amended and Restated Agreement may be_executed in counterparts_ Deleted: Interlocal
- - -- ---------------
and facsimiles shall constitute best evidence for all purposes.
Section 17_, Supplementary Agreements - - 4 Deleted: s
All parties to this Amended and Restated Agreement stipulate that the - - Deleted: Interlocal
School Board may enter into Supplementary Agreements with individual
municipalities to address individual circumstances. Any such
Supplementary Agreement shall be consistent with the statutes governing
this Amended and RestatgAAgreement. .............................. - 4 Deleted: Interlocal
Section 1$, Favored Nations - J Deleted: 7
Should the School Board enter into an agreement with another
municipality, 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 Amended and Restated_Agreement. -- Meted: interlocal
Section 11 Exempt or Waived Municipalities 4 Deleted: s
1a1._ In cases where a_ municpality or other unit of local government (that - Deleted: s
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 Amended and Restated Agreement,
the School Board agrees to contact, through its representatives or
appropriate designees, these non - parties and invite them to become
signatories to this Amended and Restated Agreement. Failure to secure a
response or to have non - signatories become signatories to this Amended
and Restated Agreement shall neither constitute, nor be considered, a
breach of this Amended and Restated Agreement.
34
April 24, 2007 Draft
19.2 This section shall not be interpreted to prevent exempt or waived Deleted: s
n 6nicoalities from participating in the processes- underthis Amended and-
Restated Agreement as they may relate to any public school facilities Deleted: a
located ih uniry orporafed- MramizDade- Ct5u7ity. Deleted: and the First Supplemental
Agreement
IN WITNESS WHEREOF, this Amended 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, , , - Deleted: village of Indian Creek
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 2047, Deleted: 3
The School Board of Miami Dade County, Florida
Attest:_ (print)
By:
Attest:
By:
Chair
, Secretary
35
(print)
Approved as to form:
School Board Attorney
April 24, 2007 Draft
Signature page to be provided by each municipality.
36
April 24, 2007 Draft
GLOSSARY
Contiquous Concurrence Service Areas: Concurrence Service Areas which are
contiguous and touch along one side of their outside geographic boundary
Affected Local Government: Any jurisdiction within 1.500 feet of or whose utilities are
utilized by the property or improvement under consideration by the School District
Ancillary Facilities: The building site and site improvements necessary to provide
support services to a school district's educational program including but not limited to
vehicle storage and maintenance, warehouses or administrative buildings.
Applicant: For the purposes of school concurrence any person or entity undertaking a
residential development.
Attendance Boundary: The geographic area which is established to identify the public
school assignment of students residing within that area.
Available Capacity: Existing school capacity which is available within a Concurrence
Service Area including any new school capacity that will be in place or under actual
construction, as identified in the first three years of the School District's Five Year
Capital Plan.
Cities: The municipalities within Miami -Dade County, except those that are exempt from
the Public School Facilities Element, pursuant to Section 163.3177(12), F.S.
Comprehensive Plan: As provided by Section 163.3164(4) F.S. as amended a plan
that meets the requirements of 163.3177 and 163.3178, F.S.
Concurrence: 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.
Concurrency 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 concurrence purposes.
Consistencv: See Section 163.3194, F.S.
Development Order: As provided by Section 163.3164(7) F.S., as amended, any order
granting, or granting with conditions an application for a development permit
Educational Facility: The buildings and equipment, structures and special educational
use areas that are built, installed or established to serve educational purposes only.
Educational Plant Survey: a systematic study of schools conducted at least every five
years and submitted to the DOE for review and validation, The survey includes an
inventory of existing educational and ancillary plants, and recommendations for future
needs.
37
April 24, 2007 Draft
Evaluation Report: A report prepared by the School District. identifying if school
capacity is available to serve a residential proiect and if capacity exists whether the
Proposed development is conceptually approved or vested.
Exempt Local Government: A municipality which is not required to participate in school
concurrence 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 in Section 163 3164(32) F S as amended sufficient
revenues are currently available or will be available from committed funding sources for
the first 3 years, or will be available from committed or planned funding sources for years
4 and 5, of a 5 -year capital improvement schedule for financing capital improvements
such as ad valorem taxes, bonds, state and federal funds tax revenues impact fees
and Applicant contributions which are adequate to fund theproiected costs of the capital
improvements identified in the comprehensive plan necessary to ensure that adopted
level of service standards are achieved and maintained within the period covered by the
5 -year schedule of capital improvements
Five Year Plan: School District's annual comprehensive capital planning document, that
includes long range planning for facility needs over a five - year, ten -year and twenty -year
Planning horizon. The adopted School District's Five -Year Work Program and Capital
Budget as authorized by Section 1013.35 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 Countv 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.
tNC77 Scheoi 5r`striet staff to review
above 'definitic n'iri light of boundary settincd
process and adopted ruies to ohsure It is' Drobdate 1
Permanent School District Facilities: An area within a school that provides
instructional space for the maximum number of students in core - curricula courses which
38
April 24, 2007 Draft
are assigned to a teacher based on the constitutional _amendment for class size
reduction and is not moveable.
Permanent Student Station: The 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 District 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
caused by the residential development of the property, as set forth in Section
163.3180(13)(e), F.S.
Public School Facilities: Facilities for the education of children from pre - kindergarden
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 corporate pursuant to Section 1001 40 F.S.
School District of Miami Dade Countv: The School District created and existing
pursuant to Section 4, Article IX of the 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 the same level of education i.e. elementary , middle
high school, or other combination of grade levels.
Utilization: A ratio showing the comparison of the total number of students enrolled to
the overall capacity of a public school facility within a Concurrency Service Area (CSA)
39
The School Board shall only be required to provide such review where the
proposed (re) development will result in an increase in FISH capacity
(permanent and relocatables) in excess of 115 %, except when such
review is requested by the local staff development review committee.
This figure shall be considered only as a review threshold and shall not be
construed to obligate the County or a City to deny a development should
the School Board fail to identify options to meet anticipated demand or
should the collaborative process described in this Section fail to yield a
means to ensure sufficient capacity.
Page 14 •[2] Deleted Susan Lrva�tl�en16r12a1xY1 QQ,PM_
and the School Board staff shall use its best efforts to facilitate
development of the manual in a timely manner
land use applications and development proposals
This requirement applies to amendments to the comprehensive plan
future land use map, rezonings, developments of regional impact, and
other major residential or mixed -use development projects with a
residential component.
and whether sufficient capacity exists or is planned to accommodate the
impacts. School capacity will be reported consistent with State
Requirements for Educational Facilities, and shall be based on current
Page, C+6.] palsied i TrevarCi� ,`e „t�.,,,, /sl2aa7._a�34:ab.Ml .,'.
(including permanent and relocatable satisfactory student stations),
u
bane 14. C7,7 eke #ed... ........: ....... Susan t Tw ua�rth r..... 1 912.(a .. Q 3 ;60 AM
as well as any proposed student station additions in the area of impact.
gag .. H san. ,aevartl �l 92a1 aaoe 4, / i .Ar�
If sufficient capacity is not available or planned to serve the development
at the time of impact, the School Board
Faye 14,`Cg Deleted..., .. .
Susan L ;Trevarthen r%29 /200711raa.a0 AM
determine and specify the options available to it to meet the anticipated
student enrollment demand. Alternatively, the School Board, local
government, and developer
<Page 1A�, "[10] Deleted," "" .... %•Sus�r L. "Trevarthen " „•,•, I %��[�i1�T.�.1.a�o:�,iaM.;
will use their best efforts to collaboratively develop
Page sac [11] belated
cfr�edman
that aim to provide the capacity to accommodate new students generated
from the new residential development
Page 1 [i "] Qeletetl..: cl r�eslman ',,,_ 1I1241(,1:26:Ot3.PM '
The School Board shall be responsible to review and consider funding
options for the incremental increase in the projected number of students
which include, but are not limited to, creation of new community
development districts pursuant to Chapter 190, Florida Statutes, creation
of educational facilities benefit districts as described in Section 1013.355,
Florida Statutes, other available broad -based funding mechanisms to fund
school capital construction, developer contributions in the form of land
donation set asides, monetary contributions, or developer provided facility
improvements in lieu of impact fees and other School Board approved
measures such as public charter schools, public - private partnerships, or a
combination of any of these. In its analysis of need, School Board staff
shall also include information on the estimated educational facilities impact
fee revenues to be generated by the development, as well as on any other
available funding for capital projects specifically intended to mitigate the
area of impact.
Page,] 4, [i] Qeletel.: .. SaSa ,Ly frevarkhen 2:24OO,PT�
This Section shall not be construed to obligate a City to impose, assess or
collect a school impact fee, unless provided by general law. As it relates
to the collection of impact fees, this provision shall not be subject to
dispute resolution under Section 9 of this Agreement.