AGENDA MEMORANDUM

 

 

MEETING DATE:   August 25, 2008

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Implementation of School Concurrency

 

 

Staff Recommendation: 

The Planning staff recommends adoption of the attached Ordinance for Implementation  of School Concurrency. 

 

Analysis:

The Implementation Ordinance is one of several initiatives necessary to implement school concurrency this year, as mandated by state legislation in 2005.  The First Amendment to the Interlocal Agreement was adopted by Resolution No. 8147 and text amendments to the Comprehensive Plan, including the addition of a Public Schools Facilities Element, as well as the revision of the Capital Improvements Element, were approved for transmittal to the Florida Department of Community Affairs (DCA) at the August 11 City Commission Meeting.  The Implementation Ordinance is based on a model ordinance adopted by the City of Mount Dora on June 17, 2008, which was the first city in Lake County to begin the compliance process for school concurrency with the Florida Department of Community Affairs (DCA)

 

The attached ordinance adds provisions for school concurrency to the City of Leesburg Code of Ordinances including vesting and exemption criteria, and procedures for School Concurrency Determination. 

 

Options:        

1.         Adopt the Implementation Ordinance;  or

2.         Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

There is no direct fiscal impact to the City.

 






Submission Date and Time:    9/4/08 4:46 PM____

 

Department: Community Development

Prepared by:  Yvette L. Brandt, AICP                     

Attachments:         Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ___Yes___

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ______ EFS _______                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


ORDINANCE N0._________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, PERTAINING TO PUBLIC SCHOOL CONCURRENCY, AMENDING THE CITY OF LEESBURG CODE OF ORDINANCES, ADDING LANGUAGE TO SECTION 25-772 GENERAL PROVISIONS, ADDING SECTION 25-774 (g) SCHOOL CONCURRENCY, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

 

WHEREAS, the City of Leesburg has determined that the safe, convenient, orderly and adequate provision of public school facilities is essential to the health, safety and general welfare of the citizens of Leesburg; and

WHEREAS, in order to provide adequate public school facilities in a timely manner and at appropriate locations, the City of Leesburg will work with the Lake County School Board to provide for the future availability of public school facilities in a manner consistent with the adopted level of service standard; and

WHEREAS, Sections 235.193 and 235.194, Florida Statutes, require the coordination of planning between School Board and local governments to ensure that the plans for the construction and opening of public educational facilities are coordinated in time and place with plans for residential development; and

 

WHEREAS, Section 163.3177 (6) (h), Florida Statutes, requires the County and the Municipalities to coordinate the adopted local comprehensive plans with each other and the plans of the School Board; and

 

WHEREAS, Section 163.3180(13), Florida Statutes, authorizes the County and the Municipalities to adopt a school concurrency program; and

 

WHEREAS, Section 163.3180(13) (g), Florida Statutes requires that prior to establishing a school concurrency program, the County and the Municipalities and the School Board adopt an interlocal agreement for school concurrency to satisfy Section 163.3177(61 (h)1 and 2, Florida Statutes; and

 

WHEREAS, the County, Municipalities and the School Board have entered into an interlocal agreement which satisfies Section 163.3180(13) (g), Florida Statutes; and

 

WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, Section 163.3161, et seq., Florida Statutes, requires each local government in the State of Florida to adopt a comprehensive plan to guide and control future development, and authorizes and requires the adoption of land development regulations; and

 

WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act and Florida Administrative Code, Rule 35-5, requires that when schools are adopted as a concurrency requirement that realistic, adequate and financially feasible, Levels of Service be set and that these Levels of Service be consistent with the land use, density, intensity, and location of development and the capital improvement element; and

 

WHEREAS, Section 163.3177(3) (a), Florida Statutes requires that a Comprehensive Plan contain a financially feasible capital improvements element designed to consider the need for and location of public facilities. This element must also outline principles for correcting existing public facility deficiencies which are necessary to implement the Comprehensive Plan; and

 

WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, F.A.C., Rule 9J-5 and the City of Leesburg Comprehensive Plan require that no development order be issued which results in a reduction in the Level of Service below the adopted Level of Service and that public facilities be available concurrent with the impacts of the Development Section 163.3177 (10) (h) and 163.3202 (2) (g), Florida Statutes; and

 

WHEREAS, underlined words constitute the additions to the existing text of the City of Leesburg Code of Ordinances.

 

NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Leesburg, Florida, as follows:

SECTION 1:  The recitals set forth above are hereby adopted as legislative findings of the City Commission of the City of Leesburg, Florida.

 

SECTION 2:  Article IX. Concurrency, Section 25-772 General Provisions of Code of Ordinances is hereby amended as follows:

 

            25-772. General Provisions.

 

            (a) (7) School Facilities

 

(b)(2)(b)(1).     For development that requires one or more public facilities which are provided by entities other than the city, the city shall condition the issuance of any final development order for the same parcel on the availability of such public facilities (See Section 25-774 (g)).

 

SECTION 3:  Section 25-774 (g) School Concurrency is hereby added to the Code of Ordinances and is to read as follows:

                        25-774 (g) School Concurrency

 

1.         It is the intent of this ordinance to implement the goals, objectives, policies and standards of the City of Leesburg Comprehensive Plan, as amended, and particularly, the Public School Facilities Element and to implement the Interlocal Agreement between Lake County, the Lake County School Board and Municipalities for School Facilities Planning and Siting (hereafter referred to the "Agreement").

 

2.         Unless otherwise provided herein, this ordinance shall apply to all development orders with any residential component and any amendment to an existing development order to the extent that the student generation is increased above what was previously approved, or any other official action of the City of Leesburg having the effect of permitting residential development of land. The following residential uses shall be considered exempt from the requirements of school concurrency (unless the development approval for such use required it to meet School Concurrency).

 

a.       Single family lots having received final construction plan approval prior to the effective date of the City’s School Concurrency Ordinance or other lots which the City has determined are vested based on statutory or common law vesting.

 

b.      Multi-family residential development having received final site plan approval prior to the effective date of the City’s School Concurrency Ordinance or other multi-family residential development which the City has determined is vested based on statutory or common law vesting.

 

c.       Amendments to residential development approvals issued prior to the effective date of the City’s School Concurrency Ordinance, which do not increase the number of residential units or change the type of residential units proposed.

 

d.      Age restricted communities (as defined in the School Concurrency Ordinance) that are subject to deed restrictions prohibiting the permanent occupancy of residents under the age of eighteen (18). Such deed restrictions must be recorded and must be irrevocable for a period of at least fifty (50) years.

 

e.       Plats or residential site plans which include four (4) or less units. For purposes of this section, a property owner may not divide his property in to several developments in order to claim exemption as allowed by this section. In making a determination as to whether a property is exempt under this section, the City shall consider in addition to the ownership at the time of the application the ownership as of the date of the adoption of this agreement.

 

3.           To ensure the capacity of schools is sufficient to support student growth at the adopted Level of Service for each year of the five-year planning period and through the long term planning period, after June 1, 2008, the following Level of Service standard shall be established for all schools of each type within each CSA and each individual school:

 

a.       Elementary: 100% of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to 125% of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity.

 

b.      Middle: 100% of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to 125% of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity.

 

c.       High: 100% of permanent FISH capacity. If core dining capacity is available in excess of FISH capacity, the school capacity shall be increased up to 125% of FISH capacity by adding seats located in temporary student stations so long as the total capacity does not exceed core dining capacity.

 

1.      For purposes of (1), (2), and (3) above, non-conversion charter schools shall be counted as FISH capacity if an agreement has been entered between the charter school and the School Board which requires the school facility to be constructed in accordance with Florida Department of Education standards for public schools; which provides that the school facility will be provided to the School Board for its use if the charter school fails to operate satisfactorily; and, which provides that if there are financing arrangements for the school, the School Board will be able to operate the school without having to be responsible for such financing costs or that the School Board is willing and able to accept responsibility for such costs.

2.      For purposes of (1), (2) and (3) above, a developer financed public school shall be counted as FISH capacity if an agreement has been entered between the developer and the School Board which requires the school facility to be constructed in accordance with Florida Department of Education standards for public schools; which requires that the Developer transfer the school facility to the School Board upon its completion; and, which provides that if there are financing arrangements for the school, the School Board will be able to operate the school without having to be responsible for such financing costs or that the School Board is willing and able to accept responsibility for such costs.

4.         The following procedures will be utilized to obtain a School Concurrency Determination from the Lake County School Board and to allow for mitigation if a development proposal is determined not to be in compliance.

 

5.         A completed application provided by and delivered to the Lake County School Board must be submitted concurrent with a final development order by an applicant proposing residential development. The application at a minimum shall include the following information:

 

a.       Proposed Development Name

b.      Application Type

c.       Intake Date

d.      Signature of Agent

e.       Number of Residential Units broken down by unit type

f.        Property Deed

g.       Consent Form

h.      Phasing Plan (If Applicable)

i.        Site Plan

j.        Survey

k.      Justification Statement

l.        Location Map

 

6.         Within three days of submitting to the School Board, the applicant must present a copy of the application to the City. The City shall provide a Determination of Authenticity to the School Board within three days of receiving the application.

 

7.         The School Board shall review the application in accordance with the provisions of Section 5.5.2 of the Agreement and base the concurrency determination on standards outlined in Section 5.5.3 of the Agreement.

 

8.         No development order shall be approved unless a Letter of Determination of Concurrency has been issued by the School Board finding the development in compliance.

 

9.         Once the School Board has reviewed the application it shall issue a Letter of Determination of Concurrency within 30 days if the impact of the proposed developments student growth does not cause the adopted Level of Service to be exceeded.

 

10.       If the development is not in compliance, the Letter of Determination of Concurrency shall detail why the development is not in compliance and shall offer the applicant the opportunity to enter into a 90 day negotiation period in accordance with the provisions of Section 5.6 of the Agreement.

 

11.       During the 90 day negotiation period the applicant shall meet with the School Board in an effort to mitigate the impact from the development.

a.       Mitigation shall be limited to those options which the School Board recognizes and assumes the responsibility to operate and which will maintain the adopted Level of Service standards for the first five years from receipt of the School Boards Letter of Determination of Concurrency.

b.      The City of Leesburg shall have the opportunity to review the mitigation options.

 

c.       The City Commission shall approve all Proportionate Share Agreements.

 

12.       If mitigation is not agreed to, the Letter of Determination of Concurrency shall detail why mitigation proposals were rejected and detail why the development is not in compliance. In this case, no development order shall be issued.

 

13.       If the School Board and the applicant agree to mitigation, the Letter of Determination of Concurrency shall be issued based on the agreed mitigation measures and an agreement between the School Board, the City and the applicant.

 

14.       A Letter of Determination for School Concurrency, finding the development in compliance, issued by the School Board shall be valid for one year from the date of issuance unless extended by the School Board. Once the development order, as referenced by Section 25-772 (b), is issued, the concurrency determination shall run with the development order.

 

15.       If the Letter of Determination of Concurrency requires conditions or mitigation to be placed on the development, the development order issued by the City of Leesburg shall incorporate conditions as set forth by the School Board.

 

16.       If the Letter of Determination of Concurrency requires the development to be phased to school construction or other mitigation, the conditions of approval of the development order shall reflect the phasing requirements by withholding subsequent development orders for building permits.

 

17.       In no case shall a development order be issued unless provisions are made through conditions of approval or by agreement between the School Board, the City and the applicant to provide Performance Security when required.

 

SECTION 4:  CONFLICTS.  In any case where a provision of this Ordinance is found to be in conflict with a provision of any other ordinance of this City, the provision which establishes the higher standards for the promotion and protection of the health and safety of the people shall prevail.

 

            SECTION 5:  SEVERABILITY.  If any section, sentence, phrase, word or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional.

           

SECTION 6:  CODIFICATION.  The provisions of this Ordinance shall be codified as and become and be made a part of the Code of Ordinances of the City of Leesburg.  The Sections of this Ordinance may be renumbered or re-lettered to accomplish such intention and the word “Ordinance”, or similar words, may be changed to “Section,” “Article”, or other appropriate word. The Code codifier is granted liberal authority to codify the provisions of this Ordinance.

 

SECTION 7:  EFFECTIVE DATE.  This ordinance shall become effective upon its passage and adoption, according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                            day of                                          , 2008.

 

 

THE CITY OF LEESBURG

 

 

By: ____________________________

            Mayor

ATTEST:

 

 

______________________________

City Clerk