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O01-61ORDINANCE NO. 01- roi AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING TEXT TO THE CITY OF BOYNTON BEAC~ COMPREHENSIVE PLAN (CPTA 01-001); CREATING A NEW ELEMENT 10, WI-IICH WILL PROVIDE A PUBLIC SCHOOL FACILITIES ELEMENT, ADD MAPS TO THE MAP SERIES, ATTACHED AS COMPOSITE EXHIBIT "A"; REFERENCE RELATED POLICIES IN THE LAND USE ELEM~ENT ~ ADD DEFINITIONS OF pUBLIc SCHOOL 1TERMS; .adMENDING TEXT TO THE CAPITAL Rowu rs: (cIE - sWn6o SERVICE STAND~S FOR PUBLIC S C~HV~ FACILtT:mS; PROVIDE' EOR A CONCURR--------------------------------~C¥ ~V_. 3WF PROCESS BY ADDING THE SCHODL D!STRtCT O PALM BEACH COUNTY TO THE nST OF PROVIDERS, AND Rt~QBIRE THE SGHOOk DISTRIC: REVIEW OF ALL ~pL!CATIONS FOR DEVELOPMENT; ABOP~TING BY RE DOCUMENTS FOR~ PUBLIC SCHOOL FA'c~rrms ELEMENT AND A_MENDING THE CAPITAL ROWMENTS ;-.r~dmc~n-~ E~I-I~IT -B-1 AND ~Bd2 '; PROV!D, IN~ FOR C©lxiFLICTS~ SEV~ERABILITY, AN EFPECTIVE DATB. V~t~R~AS, smf£recommended amendments to ~he ~xt of the Comprehensive Plan, ~hich were submi~xt to the DCA on October 15, 2001 (DCA Rcfer~nee No. 01-SCI)~ gnd ~ceived a preliminary review; and WHEREAS, the DCA issued a response on November 13, 2001, indicating that the ?roposed amendments will not be reviewed the Objections, Recommendations and Comments will be waived, and the local government may proceed to immediately adopt the anendments; and VOtEREAS, after public hearing and study, the City Commission deems it in the best merest of the inlmbitants of said City to amend the text of the Comprehensive Plan, NOW TItEREFORE, BE IT ORDAINED BY TttE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the Comprehensive Plan for the City of Boymon Beach is hereby mended by creating a new section entitled "Public School Facilities Element", as follows: City of Boynton Beach Public School Facilities, Element Goals ()biectives and Policies Goal 10A PUBLIC SCHOOL CONCURRENCY It is a GOAL ofthe City, of Boynton Beach to provide for future availability of public .school facilities consistent with the adopted level of service standard. Thi~;goal ~hall be accomPlished.recognizing the constitutional obligation of the school district to provide a uniform system of free public schools on a counwwide basis. Dbjective 10A. t Level Of Service To ensure that the capacity of schools is sufficient to support student growth at the adopted level of service standard for each year of the five~ year planning periodand through the long term planning period. Policy 10A. 1.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within,the School District as 110 percent utilization, unless the school is the subiect of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG} which determines that a particular school can operate in excess of 110% utilization. No school ~hall operate in excess of 120% utilization. The SCS shall be required ifa school in the first sw~lent count of the second semester reaches 108 % or higher capacity. ?olicv 10A. 1.2 If, as a result of a School Capacity Study (SCS), a determination is made that a school will exceed 120% or cannot operate in excess of 110%, then the School Districl shall correct the failure of that school to be operating within the adopted LOS through 1) program adjustments 2) attendance boundary adiustments or 3) modifications to the Capital Facilities Program. If, as a result of the SCS a determination is made that the school will exceed 110% and can operate within adopted guidelines, the Comprehensive Plan will be amended to reflect the new LOS for thai school type in,that CSA. Policy 10A.1.3 The School CapaciW Study (SCS) shall determine if the growth rate within an:area, can,qlng the enrollment to exceed 110 percent of capacity, is temporary or reflects an ongoing trend affecting the LOS for the 5 year planning period. The study shall include data which shows the extent of the exceedance attributable to both existing and new development. Notification shall be provided to the local government within whose jurisdiction the study takes place. At a rmnimurm the study shall consider: · Demographics in the school's Concurrency Service Area (CSA); · Student population trends;Real estate trends (e.g. development and redevelopment); · Teacher/student ratios~ and · Core facility capacity; )olicv 10A.1.4 The adopmd LOS standard shall become applicable to the entire County at such tiliie as the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim. Table 1.1-1 establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during ~he period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time ~hall not exceed the utilization standards for that school type as shown in the Maximum Utilization Table (Table 1.1~2, Support Document, p. 15-20). 'olicv 10A.1.5 Concurrency Service Areas (CSA) shall be established on a less than district,wide b&sis, as depicted on Map PS 1.1 and described in the Concun'ancy Service: Area Boundary Descriptions in the Support Document for this element. The criteria for Concurrency Service Areas shall be: Palm Beach County is divided into twenty-one CSAs. Each CSA boundary shall be delineated considering the following criteria and shali b& conSistent with provisions in the Interlocal Agreement: a. School locations, student transporting times, and future land. uses in the area. b. Section lines, major traffic-ways, natural barriers and count,/ boundaries. Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and m~fintained for each year of the five-year plannin~ period; and b. Utilization of school capacity is maximized to the greatest exlentpossible~ ta!dng into account transportation costs, court approved desegregation plans and other relevant factors. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries stroll be made only by amendment to the PSFE and sball be exempt from the limitation on the frequency of plan amendments, Any proposed change to CSA boundaries shall require a demonstration bythe School District that the requirements of 2(a) and (b), above, are met. Policy 10A.1.6 The City Of Bovnton Beach shall consider as committed and existing the public school capacity which is projected to be in place or under construction in the first three years of the School District's most recently adopted Five Year Plan. as reflected in the Six Year Capital Improvement Schedule of the Capital Improvement Element of the City Of Bovnton Beach's Comprehensive Plan, when analyzing the availability of school capacity and making level of service compliance determinations. Policy 10A. 1.7 The City Of Boynton Beach shall amend Table 17 (Six Year Capital lmprox~ement Scheduie) of the Capital Improvement Element Support Document addendum, when committed facfilitv capacity.is eliminated deferred or delayed~ to enSUre consistency with the School District Five YearPlam Policy 10A. 1.8. For purposes of urban infill and in recolmition of the entitlement densiw provisions of the City Of Boynton Beach's Future Land Use Element, the impact of a home on an existing single family lot of record shall not be subiect to school concurrency. ~olicv 10A.1.9 The City Of Boynton Beach shall suspend or terminate/ts application of School concurrency upon the occurrence and for the dUration of the following conditions: School concurrency shall be suspended in all CSAs upon the occurrence and for the dUration of the following conditions: · The occurrence of an "Act of God"; or · The School Board does not adopt an update to its Capital Facilities Plan by Septemberl5th of each year: or · The School District's adopted update to its Capital Facilities Program Plan does not add enough FISH capacity to meet proiected growth in demand for permanent student stations at the adopted level of service for all schools of each type for each CSA; or · The School District Capital Facilities Plan is determined to be financially infeasible as determined by the State Department of Education, or as de£med by the issuance of a Notice of Intent to Find an .Amendment to a Capital Improvement Element not in compliance as not being financially feasible, by the Department of Community Affairs; or by a court action or final administrative action; or · If concurrency is suspended in one-third or more of the C SAs pursuant to: Policy 10A. 1.9.2 below. 2. School Concurrency shall be suspended within a particular CSA upon the occurrence and for the duration for the following conditions: · Where an individual school in a particular CSA is twelve or more months behind the schedule set forth in the School District Capital Facilities Plato concurrency will be suspended within that CSA and the adiacant CSAs [or that type of school; or The School District does not maximize utilization of school capacity by allowing a particular CSA or an individual school to exceed the adopted: Level of Service (LOS); or Wt~ere the School Board materially mends the first 3 years of the Capital Facilities Plan and ttmt amendment causes the Level of S6rvice to be exceeded for~that tTpe of school within aCSA, concurrency Will b6 suspended within ~at CSA and the adjacent CSAs 0nl¥ for that'type o£~eho'ol. Once suspended, for any o£the abox~e.reasons, concurrency shall be reinstate~l~once the ~eChnical Advisory Group (TAG) determ/nes the con~tinn that~cansed ~he snspaasion has been remedied or the Level of S e/vi~e for that'Year:f St the affected CSAs have been achieved. If a Program Evalnation Report recomm ends that concurrency be susp~aded because the program is not Working as planned, conc...u[rency may be suspended upon the concurrence of 3 3% of the pARTIES Signatories 'oflthe "Palm B~ach County Intedocal Agre~a:nent ~vith Munibipalities 6f Palm Be~tch County and the School District otTPalm'Beach CounW to establish Public School Concurrency". Upon termination of the Interlocal Agreement the County .qhall initiate a Comprehensive Plan Amendment to terminate school concurrency. Obiective 10A.2 Facilities Requirements To provide for mitigation alternatives which are financially feasible and will achieve and maintain the adopted level of service standard in each year of the five-year planning period. Policy 10A.2.1 Mitigation shall be allowed for those development proposals that cannot meet adopted level of service standard. Mitigation options ~h~ll include options listed below for which the School District assumes the operational responsibilit~ and which will maintain the adopted level of service standards for each year of the five-year plannin~ period. 1. Donation of buildings for use as a primary or alternative learning facility; and/or 2. Renovation of existing buildings for use as public school facilities; or 3. Construction of permanent student stations or core capacity. The site plan for buildings being renovated pursuant to numher 2 above, thal are fifty years Of age or older, shall demonsucate that there are no adverse impacts on sites listed in the National Register of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant lfistoric or archaeological resources. 'olicy 10A.2:2 A.development order shall be issued and mitigation measures ~hall not be exacted when the adopted level of service standard cannot be met in a particular concmxency service area, as applied to an application for a development order, if the needed capacity for the particular CSA is available in one or more contiguous CSAs. )biective 10A.3 Six-Year Capital Improvement Schedule To ensure existin~ deficiencies and future needs are addressed consistent with the adopted level of service standard. Policy 10A.3.1 The City Of Boyaron Beach, in coordinalion with the School District and other local governments, shall annually amend Table 17 of the Capital Improvement Element Support Document Addendum (School District of Palm Beach County Six-Year Capital Improvement Schedule), to maintain consistency with the School Board's adopted Five Year Plan and to maintain a financially feasible capital improvements progj:am and ensure that level of service standards will continue to be achieved and Goal 1 OB maintained in each yea/of the five year planning period. SCHOOL FACILITY SITING AND DEVELOPMENT COORDINATION It is the GOAL of the City Of Boynton Beach to maintain and enhance joint planning processes and procedures for coordination of public education facilities for planning and decision-making regardin~ population projections, public school siting, and the development of public education facilities concurrent with residential development and other services. Objective 1 OB. 1 School Faciliw Siting To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. ' 10B. I.1 The City Of Bo,retort Beach shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities ;vith surrounding land uses and the compatibility of uses with schools. Policy 1 OB. 1.2 There shall be no simaificant enviromnental conditions and significant historical resources on a proposed site that can not be mitigated or otherwise preclude development of the site for a public educatinnal facility. 10B. t.3 The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepred plans of the South Florida wate~ Mhnagement District, or any appli6able Stormwater Utility or Drainage District. ' 10B.1.4 location shah comply with the provisions of~e Coastal Zone Management Element of the comprehensive plan, if applicable to the site. ' 10B.1.5 The City of Boynton Beach shall encourage the location of schools proximate to urban residential areas by: · Assisting the School District in identif, Ang funding and/or construction oppommities (including developer participation or City Of Bovnton Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; · Providing for the review for all school sites as indicated in Policy 1 OB. 1.1 above; and, · Allowing schools as a permitted nsc within all urban residential land use' categories. 10B.1-6: The City Of Boynton Beach shall coordinate with the School District for the collocation of public facilities, such as parks, libraries, and community centers with schools, to the extem possible, as sites for these public facilities and schools are chosen and development plans prepared. ective 10B.2 Intergovernmental Coordination To establish and maintain a cooperative relationship with the School District and mtuncipalities in coordinating land use planning with development ofpublic school facilities which are proximate to existing or proposed residential areas they will serve and which serve as commtmlty focal points. 10B.2.1 The City Of Boynton Beach shall abide by the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School ;:\CA\Ordinances\Planning\Text amd School Concurrency112601 .doc Concurrency", which was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach County on Januar~ 25, 2001. consistent with ss.163.317?(6)(h)l.and 2. F.S. and 163.3180 F.S. The Technical Advisor~ Group (TAG) shall be established by the County, participating local governments; and the School District~ The five member TAG will be comprised of a Certified Public Accountant, a Policy 10B.2.2 General Contractor, a Demographer, a Bnslness Person. and aPlanner, nominated:by their respective associations as indicated in the Interlocal Agreement to establish Public School Concurrencvmentioned in Policy 10B.2.1 above. The Technical Advisory Group shall review and make recommendations including but not limited to the following: 1. The Capital Facilities Plan; 2. The Ten and Twenty Yearwork programs; 3. Schools that trigger a School Capacity Study; 4. Concurre~ncv Service Areas boundaries; School Dls~ct Management Reports; and 6. Op~ation and' effec~veness of the Concurrency Program; 7. Program Evaluation Repons. olicv 10B.2.3 The City Of Bo,/nton Beach shall provide the School District with annual information ~aeeded to maintain school concurrency, includlnE information required for the SChool District to establish. 2. 3. 4. 5. School siting criteria; Level of service update and maintenance; Joint approval of the public school capital facilities program: ConcurrentX service area criteria and standards; and School utilization. olicv 10B.2.4 The City Of Boynton Beach shall provide the School District with its Comprehensive Plan, along with the five-year Land Use and population projections, to facilitate development of school unrolknent projections and shall armuallv update this information. The City Of Boynton Beach shall coordinate its Comprehensive Plan and the Future Land Use Map with the School District's lOng range facilities maps (Maps PS 3.1 and PS 3.2), to ensure consistency anti compatibility with the provisions of this Element. ?olic¥ 10B.2.5 The City Of Bovnton Beach shall advise the School District of a proposed public school site's consistency with the City Of Boynton Beach's Comprehensive Plan and land development regulations, including the availability of necessary public infrastructure to support the development of the site. Policy iOB.2.6 The CRV Of Boynton Beach shall provide opportunity for the School District to comment on comprehensive plan amendments, rezonings, and other land-use decisions which may be proiected to impact on the oubhc schools facilities plan. Policy 10B.2.7 The City of Bovnton Beach shall coordinate with local governments and the School Disthct on emergency preparedness issues which may ~:\CA\Ordinan ces~Planning\Text amd School Concurrency112601 .doc include consideration of: 1 Design and/or retrofit of public schools as emergency shelters; 2. Enhanch~g public awareness of evacuation zones, shelter locations, and evacuation routes; 3. Designation of sites other than public schools as long term shelters, to allow schools to resume norm al operations following emergancv events. 3bjective 10B.3 Population Projections To establish a joint process of coordination and collaboration between the City Of Boynton Beach, Palm Beach County and the School District in the planning and decision making on population proiecfions. Policy 10B.3.1 The County nh al 1 convert the BEBR proi ections into both existln ? and new residential units and disaggregate these units throughout incorp,orated and unincorporated Palm Beach County into each CSA, us~n g BEBR s annual estimates by municipality, persons-per-household figures, historic growth rates anxt development potential con~Mering the adopted Future Land Use maps of all local government Comprehensive Plans. These ProjectiOns are shown in Exhibit E of the Interlocal Agreemen* as "Proiected Units Table" which shall be amended annually and provided to the School District. ?olicv 10B.3.2 The City Of Boynton Beach commits working with the School District and Palm Beach County to improve this methodology and enhance coordination w/th-the plans of the School District and local governments. Population and student enrollment proiecfions shall be revised annually to ensure that new residential development and redevelopment information provided~ by the municipalities and the County is reflected in the updated proiections. The revised proiections and the variables utilized in makln? the proiections shall be reviewed by all signatories through the Intergovernmental Plan Amendment Review Committee flPARC). Proiections shall be especially revisited and refined with the results of the 2000 Census. The responsibilities, of local governments and the School District on population projections are described in Section VllI-B of the lnterlocal Agreement. Section 2. That the Comprehensive Plan for the City of Boynton Beach, Section , Capital Improvements Element, Public School Facilities, is hereby amended by adding the sords and figures in underlined type, as follows: 3oal 9D To provide for future availability of public school facilities consistent w/th the adopted level of service standard. This goal shall be accomplished recognizing the constitutional obligation of the school district to provide a uniform system of free public schools on a count~vide basis. Obiective 9D.1 To ensure that the capacity of schools is sufficient to support student S:\CA\Ordinances\Plan ning\Te~ amd School Concurrency112601.doc Policy 9D. 1.1 growth at the adopted level of service standard for ,ach year of the five- year planning period and through the long term planning period. The LOS standard is the school's utilization which is defmed as the ~olic¥ 9D.1.2. enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) wkich determines that a p~articul~hr.~school, can operate in excess of 110% utilization. No school sh,a. 1! ope[a, te in ~xc~ess,. of~120% 3~tilizafion~ The SCS shall be required if a Scti~ol in ~he~first :s~dOnf count of the second semester re'aches 108 % or higher capacity. The adopted LOS standard shall become applicable to the entire County at such time as the School District has achieved the countywide adopted level of service for all schools of each.school type. hi the inte6m Table [.1-1. of the Public School Concurrency Element, establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not exceed the utilization standards foe that school type as shown in the Maximum Utilization Table 0fthe Public School Concurrency Element (Table 1.1-2.. Policy 9E.2. i The City shall maintain development review procedures and the land development regulations ensunng that all development proposals are consistent with the City's adopted level of service standards. Where appropriate, these procedures and regulations shall provide for the timely implementation of additional improvements. For public school facilities, the applicant for a Development Order or Development Permit which includes any residential component shall provide a determination of capacity by the School District of Pahn Beach County that the proposed development will meet the public school facilities level of service. A determination b¥ the School District is not required for existing single family legal lots of record, m accordance with the Public School Facilities Policy 10A. 1,8 )olicy 9E.2.6 The City shall continue to coordinate capital improvement projects with plans of agencies that provide public facilities within the City as follows: Boymon (C-16) Canal: In particular, the findings and recommendations concerrdng the primary drainage facilities shall be coordinated with the South Florida Water Management District and Lake Worth Drainage District. as a part of the creation of this master plan. 5:\CA\Ordinances\Planning\Text amd School Concurrency112601.doc I The City's drainage master plan shall be coordinated with the drainage studies which will be conducted bythe Lake Worth Drainage District. Intracoastal Waterway: The design of public facilities which are over, adjacent to, or in Lake Worth or the lntracoastal Waterway shall comply with the requirements of the inlandNavigation District and the Army Corps of Engineers. State Highways (Interstate 95, Boynton Beach Boulevard, U.S. Highway 1, State Road A1A) and the City's Future Traffic Circulation Plan (Table 20 of the Traffic Circulation Element Support Documents) shall incorporate all of the improvements to state highways which are ~s,t~d i,~ .tl}e _P~ Beach County TranSportation Improvemem Program, d alt of the ~mprovements listed in ]'he Florida Department of ~[~!ion 577,.e~ Transportation Improvement Program. The City matl cOntinue to require improvements by developers and/or payment of .impact fees, in order to maintain the adopted levels 0f service on state highways, and shall require the dedication of the necessary right~of-way for state highways. Furthermore, the City shall continue to lobby Palm Beach County, the County Me~Opolitan Plmg Organization, and the Florida Department of Transportation in order to ensure' funding and construction of needed improvements to state highways. Public School Facilities. The City of Bovnton Beach shall provide the School District with annual information needed to maintain school concurrencw, including /nfo~afion required for the SchooI District to establish: 1. S~hool siting criteria; 2. Level of service update and maintenance~ 3. Joint approval of the public school capital facilities pro,am: 4. Concurrency service area criteria and standards: and 5. School utilization. Section 3.. All laws and ordinances applying [o the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordhmnce or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby granted to codify said Ordinance. Section 6. The effective date of this Ordinance shall be the date a final order is tssued by the Department of Community Affairs finding tlfis Text amendment to be in :ompliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by he Administration Commission finding said amendment to be in compliance in accordance vith Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days ~:\CA\Ordinances\Planning\Text amd School Concurrency112601.doc following the issuance of the notice of compliance if during the 21 day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this ordinance by reference. FIItST READING this SECOND, FINAL ,20m. ATTEST: 1~ day of _December ,2001. READING AND PASSAGE this I~ day of Commissioner Commissioner S:\CA\Ordinanc~s\Plan ning\Text amd School Concurrency112601.doc