2008-O-03
ORDINANCE NO. 2008-0-03
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ORDINANCE 2003-0-04, THE
COMPREHENSIVE PLAN, AS PREVIOUSLY AMENDED;
REVISING ORDINANCE 2007-0-18, AMENDING THE
COMPREHENSIVE PLAN INTERGOVERNMENTAL
COORDINATION ELEMENT, CAPITAL IMPROVEMENTS
ELEMENT BY AMENDING THE GOALS, OBJECTIVES,
AND POLICIES AND ADDING THE PUBLIC SCHOOLS
FACILITIES ELEMENT. PROVIDING FOR RESOLUTION
OF CONFLICT WITH EXISTING ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 163, Part II, Florida Statutes (the Florida Local Government
Comprehensive Planning and Land Development Regulations Act) requires the City to
formulate and adopt a comprehensive plan; and
WHEREAS, the City did adopt an amended comprehensive plan in 2003; and
WHEREAS, Section 163.3191. F.S., requires that _each local government shall
adopt a Public School Facilities element even years assessing the progress in implementing the
local government's comprehensive plan,_ and
. WHEREAS, the Board of Planning and Appeals, sitting as the Local Planning
Agency, at it's meeting on August 8, 2007, did recommend adoption of the proposed Public
School Facilities element and the proposed comprehensive plan amendments set out here
below; and
WHEREAS, the State Department of Community Affairs (DCA) issued a
Statement Of Intent (SOl) on March 20, 2008 to find the Amendment to the Comprehensive
Plan for the City of Edgewater, adopted by Ordinance No. 2007-0-18 on January 28,2008,
NOT IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The
SOl provides remedial language to bring the amendment into compliance; and
WHEREAS, the State Department of Community Affairs (DCA) published a
Notice OfIntent (NO I) on March 21, 2008 finding the Amendment to the Comprehensive Plan
for the City of Edgewater, adopted by Ordinance No. 2007-0-18 on January 28, 2008, NOT IN
COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S., and
WHEREAS, the City Council Adopted Resolution Number 2008-R-06 a
setdement agreement pursuant to Florida Statute Section 163.1384(10). The setdement
agreement incorporated the remedial language provided in the Statement of Intent; and
WHEREAS, the City Council believes it is in the best interests of the citizens of
the City of Edgewater to adopt the revised Public School Facilities Element and Capital
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Improvements Element and amend its comprehensive plan; and
WHEREAS, underlined text are additions to the current adopted plan and struck-
through text are deletions.
NOW, THEREFORE, BE IT ENACTED BYTHE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA, AS FOLLOWS:
SECTION 1. New Public School Facilities Element of the City's Comprehensive Plan is as
follows:
GOALS, OBJECTIVES AND POLICIES - PUBLIC SCHOOLS
FACILITIES ELEMENT
GOAL 1:
Collaborate and coordinate with the School Board of V olusia County to provide and maintain a
public education system, which meets the needs of Volusia County's current, and future
population.
OBJECTIVE 1.1: Coordination and consistenry. The City shall implement and maintain
mechanisms designed to coordinate with the School Board to provide consistency between local
government comprehensive plans and public school facilities and programs.
Policy 1.1.1: Pursuant to the procedures and requirements of the adopted interlocal
agreement, the City shall coordinate with the School Board on growth
and development trends, general population and student projections to
ensure that the plans of the School Board and City are based on
consistent data.
Policy 1.1.2: At the time of transmittal of the Public Schools Facilities Element, the
City shall develop a report of projects not subject to school concurrency
and submit the report to the School Board within thirty (30) days of
transmittal. The report shall include the type; number and location of
residential units that have received subdivision or site plan approval and
provide a projected annual rate of growth for such projects.
Policy 1.1.3: The City shall provide the representative of the School Board with
copies of all meeting agendas and staff reports.
OBJECTIVE 1.2: School Facility Siting AndAvailability. The City shall coordinate with the School
Board on the planning and siting of new public schools and ancillary facilities to ensure school
facilities are coordinated with necessary services and infrastructure and are compatible and
consistent with the comprehensive plan.
Policy 1.2.1: The City shall coordinate with the School Board to assure that proposed
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public school facility sites are consistent with the applicable land use
categories and policies of the comprehensive plan. Schools shall be
permitted in all future land use classifications except for industrial land
use classifications and environmentally restricted land use classifications.
Policy 1.2.2: Coordination of the location, acquisition, phasing and development of
future school sites and ancillary facilities shall be accomplished through
the procedures adopted in the interlocal agreement.
Policy 1.2.3: The City and School Board will joindy determine the need for and
timing of on-site and off-site improvements necessary to support each
new school or the proposed renovation, expansion or closure of an
existing school. If deemed necessary, the parties may enter into a
written agreement as to the timing, location, and party or parties
responsible for constructing, operating and maintaining the required
improvements.
Policy 1.2.4: The City shall encourage the School Board to land bank sites for future
use as school facilities. The City shall coordinate with the School Board
on the acquisition and use of land banked sites in the same manner as
established for other sites in order to ensure adequate infrastructure is
planned and constructed in advance of school construction.
Policy 1.2.5: The City shall protect schools and land banked school sites from the
adverse impact of incompatible land uses by providing the School
District with the opportunity to participate in the review process for all
proposed development adjacent to schools.
Policy 1.2.6: In developing capital improvements plans and programs for public
services, the City shall consider required infrastructure to service
existing and proposed schools and any land banked school sites.
OBJECTIVE 1.3 Enhance Communiry Design. The City shall enhance community and
neighborhood design through effective school facility design and siting standards and encourage
the siting of school facilities in order to serve as community focal points and are compatible
with surrounding land uses.
Policy 1.3.1: The City shall coordinate with the School Board on opportunities for
the expansion and rehabilitation of existing schools so as to support
neighborhoods and redevelopment.
Policy 1.3.2: The City shall collaborate with the School Board on the siting of public
facilities such as parks, libraries, and community centers near existing or
planned public schools, to the extent feasible.
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Policy 1.3.3: The City shall look for opportunities to co-locate and share the use of
public facilities when preparing updates to the comprehensive plan's
schedule of capital improvements and when planning and designing
new or renovating existing, community facilities. Co-located facilities
shall be governed by a written agreement between the School Board and
the City specifying operating procedures and maintenance and operating
responsibilities.
Policy 1.3.4: The City shall reduce hazardous walking conditions consistent with
Florida's safe ways to school program. In conjunction with the School
Board, the City shall implement the following strategies:
I. New developments adjacent to schools shall be required to provide a
right-of-way and direct safe access path for pedestrian travel to existing and
planned schools and shall connect to the neighborhood's pedestrian network.
2. New development and redevelopment within two miles of a school
shall be required to provide sidewalks within or adjacent to the property for
the corridor that directly serves the school or qualifies as an acceptable
designated walk or bicycle route to the school.
3. In order to ensure continuous pedestrian access to public schools, the
City shall consider infill sidewalk and bicycle projects connecting networks
serving schools as part ofthe annual capital budget process. Priority shall be
given to hazardous walking conditions pursuant to Section 1006.23, Florida
Statutes.
4. The City shall coordinate with the Metropolitan Planning
Organization to maximize the funding from the Florida Department of
Transportation and other sources that may be devoted to improving
pedestrian networks serving schools.
Policy 1.3.5: The City and School Board shall coordinate with V olusia County
Emergency Services on efforts to build new school facilities, and
facility rehabilitation and expansion, to be designed to serve as and
provide emergency shelters as required by Section 1013.372, Florida
Statutes.
OBJECTIVE 1.4: Coordinate Comprehensive Plan Amendments And Development Orders
With School Capacity. Manage the timing of new development to coordinate with adequate
school capacity as determined by the V olusia County School District.
Policy 1.4.1: The City shall take into consideration the School Board comments
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and findings on the availability of adequate school capacity in the
evaluation of comprehensive plan amendments and other land use
decisions including but not limited to developments of regional
impact. School Board review shall follow the policies and procedures
set forth in the interlocal agreement.
Policy 1.4.2: Amendments to the future land use map shall be coordinated with the
School Board and the Public School Facilities Planning Maps.
Policy 1.4.3: Where capacity will not be available to serve students from the
property seeking a land use change or other land use determination
that increases residential density, the City shall not approve the
proposed land use change until such time as the School Board can
find that adequate public schools can be timely planned and
constructed to serve the student population or that the applicant has
provided adequate mitigation to offset the inadequacies in anticipated
school capacity.
Policy 1.4.4: The City of Edgewater shall meet at least annually with
representatives from the School District and the other local
governments in V olusia County to review the Public School Facilities
Element including enrollment proiects. The timing and content of
these meetings shall be done according to the requirements and
procedures set forth in the adopted interlocal agreement.
GOAL 2:
IMPLEMENT PUBLIC SCHOOL CONCURRENCY
The City shall assure the future availability of public school facilities to serve new
development consistent with the adopted level of service standards. This goal will be
accomplished recognizing the School District's statutory and constitutional responsibility to
provide a uniform system of free and adequate public schools and the City's authority for
land use, including the authority to approve or deny comprehensive plan amendments, re-
zonings or other development orders that generate students and impact the public school
system. The City shall operate and maintain in a timely and efficient manner adequate public
facilities for both existing and future populations consistent with the available financial
resources.
OBJECTIVE 2.1: Level Of Service Standards. The City through coordinated planning with
the School District and implementation of its concurrency management system shall ensure
that the capacity of schools is sufficient to support residential subdivisions and site plans at
the adopted level of service standard within the period covered by the five-year schedule of
capital improvements. These standards and the concurrency management system shall be
consistent with the interlocal agreement approved by the School Board and the local
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governments in V olusia County.
Policy 2.1.1: The level of service standards for schools shall be applied
consistently by all the local governments in V olusia County and by
the School Board district-wide to all schools ofthe same type.
Policy 2.1.2: Consistent with the interlocal agreement, the uniform, district-wide
level-of-service standards are set as follows using FISH capacity
based on the traditional school calendar:
1. Elementary Schools: 115% of permanent FISH capacity for the
concurrency servIce area.
2. K-8 Schools: 115% of permanent FISH capacity for the concurrency
servIce area.
3. Middle Schools: 115% of permanent FISH capacity for the
concurrency servIce area.
4. High Schools: 120% of permanent FISH capacity for the concurrency
servIce area.
5. Special Purpose Schools: 100% of permanent FISH capacity.
Policy 2.1.3: The following schools shall achieve the designated adopted level of
service no later than the identified date. The level of service
presented in the following table is the tiered level of service that shall
app1v to that school unit the dated noted in the table.
Sehaal D~A.. TE
DeBary E1emefltary July 1,2012
Orange City Elemefltary July 1,2012
Sugar Mill Elementary July 1,2012
Manatee Cove Elementary July 1,2012
Horizon Elementary July 1,2012
Pine Trail Elementary July 1. 2014
Southwestern Middle July 1. 2012
New Smyrna Beach Middle July 1,2012
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Source: V olusia County Interlocal Agreement
School LOS DATE
Orange City Elementary 117% July L 2012
Horizon Elementary 158% July 1,2012
Freedom Elementary 126% July L 2012
Osceola Elementary 117% July L 2012
Ortona Elementary 150% July L 2012
Ormond Beach Elementary 116% July L 2012
Southwestern Middle 120% July 1.2013
New Smyrna Beach Middle 122% July L 2014
(Note: This policy is intended to designates a tiered LOS for those schools that
exceed the desired levels Effir.ing at the end ofthe five- year capital improvements
program. )
Policy 2.1.4: The following schools shall be considered constrained schools at the
designated LOS due to the inability to add capacity at the site and the
nature of the communities they serve. Concurrency will be reviewed
in the adjacent concurrency service areas and requests to increase
residential densities in the constrained concurrency service areas will
need to be accompanied by a plan to address school capacity.
School LOS
Burns-Oak Hill Elementary 115%
Coronado Elementary 115%
Samsula Elementary 165%
Source: V olusia County Interlocal Agreement
Policy 2.1.5: The City and School Board recognize and agree that short-term
changes in enrollment unrelated to new development approvals can
and do occur, and that students enrolling in their assigned school will
be accepted consistent with the School District's constitutional
obligations regardless of the utilization levels at the assigned school.
Policy 2.1.6: Ifthere is a consensus to amend any level of service, the amendment
shall be accomplished by execution of an amendment to the interlocal
agreement by all parties and the adoption of amendments to each
local government's comprehensive plan. The amended level of
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service shall not be effective until all plan amendments are effective
and the amended interlocal agreement is fully executed. No level of
service standard shall be amended without showing that the amended
level of service standard is financially feasible and can be achieved
and maintained within the five years of the capital facilities plan.
OBJECTIVE 2.2: School Concurrency Service Areas. The City shall establish School
Concurrency Service Areas as the area within which an evaluation is made of whether
adequate school capacity is available based on the adopted level of service standard. Maps of
the School Concurrency Service Areas are adopted in the V olusia County lnterlocal
Agreement for Public School Facilities Planning.
Policy 2.2.1: The concurrency service area for elementary schools shall be the
elementary school attendance boundary as represented on the map
series "Public School Facilities Element Elementary School
Concurrency Service Areas" adopted as part of the V olusia County
Comprehensive Plan and which is incorporated herein by reference.
Policy 2.2.2: The concurrency service area for middle schools shall be the middle
school attendance boundary as represented on the map series "Public
School Facilities Element Middle School Concurrency Service Areas"
adopted as part of the V olusia County Comprehensive Plan and which
is incorporated herein by reference.
Policy 2.2.3: The concurrency service area for K-8 schools shall be the attendance
boundary as represented on the map serried "Public School Facilities
Element K-8 Concurrency Service Areas" adopted as part of the
V olusia County Comprehensive Plan and which is incorporated
herein by reference. (Note: no K-8 schools have been established at
this time.)
Policy 2.2.4 The concurrency service area for high schools shall be as represented
on the map series "Public School Facilities Element High School
Concurrency Service Areas" adopted as part of the V olusia County
Comprehensive Plan and which is incorporated herein by reference.
Policy 2.2.5: The concurrency service area for special use schools shall be district
wide.
Policy 2.2.6: The concurrency service area maps designate three areas where
school capacity is not anticipated for the planning period.
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Policy 2.2.7: Amendments to the School Concurrency Service Areas shall be
completed according to the procedures specified in the V olusia
County Interlocal 'Agreement for School Facilities Planning.
Amendments to concurrency service areas shall consider the
following criteria:
6, Adopted level of service standards shall not exceed the level of
service standard within the initial five-year planning period
7. The utilization of school capacity is maximized to the greatest extent
possible taking into account transportation costs, court approved
desegregation plans, proximity to schools, ethnic and socio-economic
diversity, subdivisions and neighborhoods, demographic changes,
future land development patterns, crossing guard availability and
other relevant factors.
Policv 2.2.8 Within the central concurrency service areas all current and future
students shall be assigned to schools designated for them as part of
the School District's normal school assignment procedures. Requests
for development orders for new development consistent with the
future land use designations and existing residential zoning densities
shall be evaluated for concurrency based on the assigned school and
that school's concurrency service area. If adequate capacity is not
available in the assigned concurrency service area, the proposed
development shall be evaluated in comparison to the concurrency
service areas adjacent to the assigned concurrency service area,
subject to the limitations of Policy 2.3.7. The school district shall
maintain a listing of assigned and adjacent concurrency service areas
for each central school concurrency service area.
Policy 2.2.9: Requests to develop properties within the central school concurrency
service areas at residential densities and intensities greater than the
current land use or zoning designations shall be done via a
comprehensive plan amendment consistent with the V olusia County
Charter provision 206 regarding school planning. The comprehensive
plan amendment shall demonstrate how school capacity will be met
consistent with the terms of the First Amendment to the Interlocal
Agreement for Public School Facility Planning effective July 2007
and Section 206 of the V olusia County Charter. If the project area is
to be annexed by a municipality, the comprehensive plan amendment
shall include an amendment of the central concurrency service area
boundary by V olusia County to exclude the subject parcel.
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OBJECTIVE 2.3: Process For School Concurrency Implementation. In coordination with
the School Board the City will establish a process for implementation of school concurrency,
. which includes applicability and capacity determination, availability standards and school
capacity methods. The City shall manage the timing of residential subdivision approvals and
site plans to ensure adequate school capacity is available consistent with the adopted level of
service standards for public schools.
Policy 2.3.1: School concurrency applies to residential development not otherwise
exempt as specified by Policy 2.3.3.
Policy 2.3.2: Development orders may be issued for residential development
where:
1. Adequate school capacity, as determined by the School Board, exists
or will be under construction for each level of school in the affected
concurrency service area within three years after the issuance of the
development order allowing the residential development.
2. Adequate school facilities, as determined by the School Board, are
available within an adjacent concurrency service area subject to the
limitations of Policy 2.3.7. Where capacity from an adjacent
concurrency service area or areas is utilized, the impacts of
development shall be shifted to that area. If capacity exists in more
than one concurrency service area or school within a concurrency
service area, the School District shall determine where the impacts of
development shall be allocated based on the School District policies
for student assignment.
3. The developer executes a legally binding commitment with the
School Board and City to provide mitigation proportionate to the
demand for public school facilities to be created by the actual
development of the property as provided by Objective 2.4 and its
supporting policies.
Policy 2.3.3:
The following residential development shall be considered exempt
from the school concurrency requirements:
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1. Single family lots of record existing as such at the time School
Concurrency implementing ordinance is adopted which otherwise
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would be entitled to build, shall be exempt from School Concurrency
requirements.
2. Any residential development or any other development with a
residential component that received approval of a Final Development
Order or Functional Equivalent or is otherwise vested prior to the
implementation date of school concurrency or is exempt from
concurrency under the City concurrency regulations is considered
vested for that component which was previously approved for
construction and shall not be considered as proposed new residential
development for purposes of school concurrency.
3. Amendments to residential development approvals which do not
increase the number of students generated by the development based
on the student generation rates for each school type
4. Age restricted developments that are subject to deed restrictions
prohibiting the permanent occupancy by a resident under the age of
fifty-five. Such deed restrictions must be recorded and be irrevocable
for a period of at least thirty years.
5. Group quarters that do not generate students including residential
facilities such as jails, prisons, hospitals, bed and breakfast, hotels
and motels, temporary emergency shelters for the homeless, adult
halfway houses, firehouse dorms, college dorms exclusive of married
student housing, and religious non-youth facilities.
Policy 2.3.4: The creation of subdivisions and/or single family lots equal to or less
than ten units shall be subject to school concurrency as part of an
annual concurrency management review. The City shall report such
projects to the School Board as part of the annual planning
coordination process established by the interlocal agreement and
these units shall be included by the School Board in planning student
allocations by school.
Policy 2.3.5: By February 1, 2008 the City shall adopt a school concurrency
ordinance, which establishes the application procedures and process
for evaluating school capacity and making concurrency
determinations consistent with the provisions of the interlocal
agreement.
Policy 2.3.6: The School Board shall conduct a concurrency review that includes
findings and recommendations of whether there is adequate capacity
to accommodate proposed development for each type of school
within the affected concurrency service area consistent with the
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adopted level of service. The School Board may issue a certificate of
school concurrency if sufficient capacity exists for the proposed
development or the School Board may set forth conditions required to
satisfy the requirements of school concurrency including
proportionate share mitigation.
Policy 2.3.7: If the adopted level of service standard cannot be met within a
particular concurrency service area as applied to an application for
development order and if the needed capacity is available in one or
more contiguous concurrency service areas or school attendance
Wfte5, then this capacity shall be applied to the concurrency
evaluation of the application for development approval subject to the
following limitations:
1. Areas established for diversity at schools shall not be considered
contiguous.
2. Concurrency service areas or school attendance zones generating
excessive transportation costs shall not be considered contiguous.
Excessive transportation costs are defined as transporting students
beyond the abutting school attendance zone or requiring a transport
time of fifty minutes one way as determined by School District
transportation routing staff.
3. Concurrency service areas or school attendance zones shall not be
considered contiguous when the concurrency service areas or sehool
attendance zones are separated by a natural or man-made barrier such
as a river, water body, or interstate highway that requires indirect
transport of students through a third concurrency service area 6f
school attendance zone.
4. When capacity in an adjacent concurrency service area or school
attendance zone is allocated to a development application, assignment
of the students to the school with available capacity may be
accomplished by applying any of the techniques used to establish
school attendance zones including modification of existing attendance
zone boundaries or creation of island zones.
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5. Student transportation not in conformance with the conditions
established in items 1 through 4 above shall be permitted to allow
student assignments based on specific educational programming
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options; to comply with State and Federal mandatory transfer
opportunities; or for other transfer opportunities that School Board
shall deem appropriate for the specific circumstances of an individual
student.
Policy 2.3.8:
If the adopted level of service cannot be met within a particular
concurrency service area the School Board may apply one or more of
the following techniques to maximize use of available capacity and
provide for adequate numbers of student stations to meet current and
future demand:
1. Construct new school facilities
2. Construct additions to current facilities
3. Adjust program assignments to schools with available capacity
4. Modify attendance boundaries to assign students to schools with
available capacity
5. Eliminate variances to overcrowded facilities that are not otherwise
restricted by State or Federal requirements.
OBJECTIVE 2.4: Proportionate Share Mitigation. The City shall provide for mitigation
alternatives that are financially feasible and will achieve and maintain the adopted level of
service standard consistent with the School Board's adopted financially feasible work
program.
Policy 2.4.1: In the event that sufficient school capacity is not available in the
affected concurrency service area, the developer shall have the option
to propose proportionate share mitigation to address the impacts of
the proposed development.
Policy 2.4.2: Mitigation shall be directed toward a permanent capacity
improvement identified in the School Board's financially feasible
work program, which satisfies the demands created by the proposed
development consistent with the adopted level of service standards.
Policy 2.4.3: Mitigation shall be directed to projects on the School Board's
financially feasible work program that the School Board agrees will
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satisfy the demand created by the proposed development approval and
shall be assured by a legally binding development agreement between
the School Board, the City, and the applicant which shall be executed
prior to the City issuance of the subdivision or site plan approval. If
the School Board agrees to the mitigation, the School Board shall
commit in the agreement to placing the improvement required for
mitigation in its work plan.
Policy 2.4.4: The applicant's total proportionate share obligation shall be based on
multiplying the number of needed student stations generated from the
proposed project times the School Board's current cost per student
station plus land cost for each type of school. The applicant's
proportionate share mitigation obligation shall be credited toward any
impact fee or exaction fee imposed by local ordinance for the same
need on a dollar for dollar basis. (For example, if the proportionate
share mitigation provides only for land, the credit is applied only
against that portion of the impact fee or other exaction devoted to
land costs.)
Policy 2.4.5: The student generation rates used to determine the impact of a
particular development shall be the student generation rates adopted
in the most recent school impact fee study.
Policy 2.4.6: The cost per student station shall be the most recent actual costs per
student station, and capitalization costs if applicable, paid by the
School Board for the equivalent school facility.
Policy 2.4.7: Mitigation options must consider the School Board's educational
delivery methods and requirements and the State Requirements for
Educational Facilities and may include, but not be limited to, the
following:
1. Donation of buildings for use as a primary or alternative learning
facility
2. Renovation of existing buildings for use as learning facilities
3. Funding dedicated to, or construction of permanent student stations or
core capacity
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4. For schools contained in the School Board's adopted five-year capital
facilities work program, upon agreement with the School Board, the
applicant may build the school in advance of the time set forth in the
five-year work program
5. Dedication of a school site as approved by the School Board
6. Up front lump sum payment of school impact fees
7. Up front payment of interest and other costs of borrowing
8. Payment of off-site infrastructure expenses including but not limited
to roads, water, and/or sewer improvements
9. Payment of transportation costs associated with the movement of
students as a result of overcapacity school
10. Funding assistance with acquisition of school site
II. Phasing of construction or delay of construction in order to timely
plan for the availability of school capacity
12. Establishment of an educational facilities benefit district
13. Establishment of educational facilities mitigation banks
OBJECTIVE 2.5: Capital Facilities Planning. The City shall ensure existing deficiencies
and future needs are addressed consistent with the adopted level of service standards for
schools.
Policy 2.5.1: In accordance with the adopted interlocal agreement the City shall
collaborate with the School Board in locating required school sites as
identified in the School Board's five, ten and twenty year capital
facilities plan.
Policy 2.5.2: The City shall ensure that future development pays a proportionate
share of the costs of capital facilities capacity needed to accommodate
new development and to assist in maintaining the adopted level of
service standards via impact fees and other legally available and
appropriate methods.
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Policy 2.5.3: The City adopts by reference the School Board's five-year work
program approved annually each September as part of the overall
School District budget. The City shall review the annual work
program to verify that it is financially feasible and will maintain the
level of service standards by the end of the five-year period.
SECTION 2. That the Capital Improvements Element of the City's Comprehensive Plan is
amended as follows:
GOALS, OB]ECTNES, AND POLICIES - CAPITAL IMPROVEMENTS ELEMENT
GOAL 2:
Provide for a financially feasible public school facilities program.
OBJECTIVE 2.1 Level Of Seroice Standards. The City shall ensure that the capacity of
schools is sufficient to support residential subdivisions and site plans at the adopted level of
service standard. This level of service standard shall be consistent with the level of service
standard adopted in the interlocal agreement entered into by the School Board and the local
governments within V olusia County.
Policy 2.1.1: The level of service standard adopted by City shall be applied
consistently by all local governments within V olusia County and by
the School Board district-wide to all schools of the same type.
Policy 2.1.2: Consistent with the interlocal agreement, the uniform, district-wide
level-of-service standards are set as follows using FISH capacity
based on the traditional school calendar:
I. Elementary Schools: 115% of permanent FISH capacity for the
concurrency servIce area
2. K- 8 Schools: 115% of permanent FISH capacity for the
concurrency servIce area
3. Middle Schools: 115% of permanent FISH capacity for the
concurrency servIce area
4. High Schools: 120% of permanent FISH capacity for the
concurrency servIce area
5. Special Purpose Schools: 100% of permanent FISH capacity
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Policy 2.1.3: The following schools shall achieve the designated adopted level of
service no later than the identified date. The level of service
presented in the following table is the tiered level of service that shall
apply to that school unit the dated noted in the table.
Sehool DATE
DeBaI}' Elementary July 1,2012
Orange City ElementaI}' July 1,2012
Sugar Mill Elementary July 1,2012
Manatee Cove Elementary July 1,2012
Horizon Elementary July 1,2012
Pine Trail Elementary July 1. 2011
Southwestern Middle July 1. 2012
New Smyrna Beach Middle July 1,2012
Source: V olusia County InterIocal Agreement
School LOS DATE
Orange City Elementary 117% July 1. 2012
Horizon Elementary 158% July 1. 2012
Freedom Elementary 126% July 1. 2012
Osceola Elementary 117% July 1. 2012
Ortona Elementary 150% July 1. 2012
Ormond Beach Elementary 116% July 1. 2012
Southwestern Middle 120% July 1. 2013
New Smyrna Beach Middle 122% July 1. 2014
(Note: This policy is intended to designates a tiered LOS for those schools that
exceed the desired levels during at the end of the five- year capital improvements
program. )
OBJECTIVE 2.2 School Capital Facilities Planning. The City shall cooperate with the
School Board to ensure existing deficiencies and future needs are addressed consistent with
adopted level of service standards for public schools.
Policy 2.2.1: The City adopts by reference the School Board's five-year work
program approved annually each September as part of the overall
School District budget. The City shall review the annual work
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program to verify that it is financially feasible and will maintain the
level of service standards by the end of the five-year period.
Policy 2.2.2: The City shall coordinate with the school board and adopt
development conditions to ensure that future development pays a
proportionate share of the costs of capital facility capacity needed to
accommodate new development and to assist in maintaining the
adopted level of service standards via impact fees and other legally
available and appropriate methods.
SECTION 3. That if any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portion of this ordinance.
SECTION 4. That all laws or parts of laws in conflict herewith are hereby
repealed.
SECTION 5. That this Ordinance shall be published as required by law.
SECTION 6. That this Ordinance shall become effective immediately upon
issuance by the state land planning agency of a final order determining the adopted plan
amendment to be in compliance in accordance with s. 163.3184(9), or upon issuance by the
Administrative Commission of a fmal order determining the adopted plan amendment to be in
compliance in accordance with s. 163.3184(10).
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SECTION 7. ADOPTION.
After Motion to approve by Councilman Cooper and Second by Councilwoman
Rhodes, the vote on the ftrst reading of this ordinance held on May S, 2008, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
After Motion to approve by Councilman Cooper and Second by Councilwoman
Rhodes, the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
ABSENT
Councilwoman Gigi Bennington
ABSENT
Councilwoman Harriet B. Rhodes
X
Councilman Ted Cooper
X
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PASSED AND DULY ADOPTED this 28th day of July, 2008.
ATTEST:
~)M.l 0 liA.\D~J
Bonnie A. Wenzel
City Clerk
, ,-
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For use and reliance only by the City of Edgewater,
Florida. Approved as to form and legality by:
Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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'..........
~~AAv~.1-.
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 28th day of
July, 2008 under Agenda Item No.~.
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