HomeMy WebLinkAboutInterlocal Agreement for Facility Planning and School Concurrency 2007Bmv
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2700 Judge Fran Jamieson Way - Viera, FL 32940-6699
Richard A. DiPatri, Ed.D., Superintendent
February 21, 2008
To: Distribution
Reference: Interlocal Agreement / School Concurrency
On behalf of the School Board of Brevard County, I would like to thank each of you for your
efforts in working together over the last 20 months to get us to this point in the implementation
of school concurrency in Brevard. As of today, the School Board and 11 of 15 Local
Governments have approved the October 2007 Interlocal Agreement (ILA) for Public School
Facilities and School Concurrency, and it is hoped that most of the remaining four will approve
before the end of the month. While we have not completed the job, we are in a position to
discuss the "nuts and bolts" that we'll need to put in place in order to include school concurrency
in the processes involving growth in the county. These items include the application forms and
format, as well as fee schedule(s).
Additionally, there are some revisions to the ILA that have been suggested by several Local
Governments. In order to incorporate the revisions, every party must express consent, and an
updated document would have to then be approved by each governing body.
To that end, it requested that a session be held to assess suggested revisions, and discuss
concurrency review and tracking. It is hoped that you will be able to attend a meeting here at
the School Board's Educational Services Facility in Viera on Wednesday, March 26, 2008 at
1:00 p.m. in Training Rooms 7 & 8. Attached is a suggested agenda.
Please note that the ILA stipulates that the Staff Working Group (SWG) shall convene on a
semi-annual basis. Likewise, the Capital Outlay Committee (COC), as the oversight committee
for school concurrency (Section 14), shall meet semi-annually in mid-March and mid-
September. It is intended that the meeting proposed for March 26 shall serve as satisfying the
requirements of both semi-annual SWG and COC meetings. As such, please make sure to
send an SWG member, and a COC'member (if different from the SWG member).
Regarding COC members, please note that, under previous correspondence, it was requested
that contact information be provided for the person(s) that will represent each Local Government
as a member(s) of the COC. At this time, no information has been received regarding these
representatives from other parties. Please take the time to designate your representative(s) and
forward that information as soon as possible. Note that there is no formal requirement
regarding the appointment of a COC representative. A letter from the Mayor or
County/City/Town Manager is sufficient. For the record, please know that Mr. Dane Theodore
will represent the School Board of Brevard County on the COC.
Michael Gaffney - Manager, Facilities Planning
Planning and Project Management, Facilities Management Services
Phone: (321)633-1000x464 FAX: (321) 633-4646
An Equal Opportunity Employer
February 21, 2008
Page 2 of 3
Finally, please note that this invitation is extended to the School Board Representatives to the
Local Planning Agencies to observe the meeting. While much of the discussion may be
technical in nature, it would certainly assist you in your understanding of the new Growth
Management Legislation. Likewise, this is great time to "sit in" and hear the methods that are
proposed to track school concurrency across the District.
Should you have questions regarding this information, or have a comment regarding the
suggested agenda, please do not hesitate to call myself at 633. 1000 x464, or Dane Theodore at
633.1000 x657.
Regards,
/A 2 "—"�
M.J. affney
Manager, Facilities Planning
Distribution:
City Managers / Planners
Mel Scott, Assistant County Manager, Brevard County
Robin Sobrino, Director Planning & Zoning, Brevard County
Bennett Boucher, City Manager, City of Cape Canaveral
Todd Peetz, Miller -Legg, Planning Consultant to the City of Cape Canaveral
Matt Boerger, Miller -Legg, Planning Consultant to City of Cape Canaveral
Ric Holt, City Manager, City of Cocoa
John Titkanich, Community Development Director, City of Cocoa
Charles Billias, City Manager, City of Cocoa Beach
Tony Caravella, Director Development Services, City of Cocoa Beach
Christopher Chinault, Town Manager, Town of Indialantic
Jacqueline Burns, City Manager, City of Indian Harbour Beach
Bonilyn Wilbanks-Free, Town Administrator, Town of Malabar
Dr. Jack Schluckebier, City Manager, City of Melbourne
Cindy Dittmer, Director of Planning & Economic Development, City of Melbourne
Todd Corwin, Planner, City of Melbourne
James Bursick, Town Manager, Town of Melbourne Beach
Jon Lewis, Assistant City Manager, City of Palm Bay
David Watkins, Growth Management Director, City of Palm Bay
Paul Bonville, Chairman of Planning & Zoning Committee, Town of Palm Shores
James McKnight, City Manager, City of Rockledge
Don Griffin, Planning Director, City of Rockledge
Michael Crotty, City Manager, City of Satellite Beach
Laura Canady, Director, Community Redevelopment Agency, City of Satellite Beach
Mark Ryan, City Manager, City of Titusville
Courtney Harris, Planning Director, City of Titusville
David Reynal, City Manager, City of West Melbourne
Christy Fischer, Planning Director, City of West Melbourne
February 21, 2008
Page 3 of 3
cc: Dr. Richard DiPatri, Superintendent, School Board of Brevard County
Ed Curry, Assistant Superintendent, School Board of Brevard County
Dane Theodore, Director, School Board of Brevard County
File
School Board Representatives to Local Planning Agencies:
Loretta Goggin, Representative to Brevard County and City of Melbourne
Dr. John Fredrickson, Representative to City of Cape Canaveral
Mark Novak, Representative to Town of Grant-Valkaria
Joyce Norman, Representative to City of Palm Bay
Michelle Doyle, Representative to City of Rockledge
Sherrie D'Amato, Representative to City of Satellite Beach
John Chambers, Representative to City of Titusville
Jeanie Miglis, Representative to City of West Melbourne
INTERLOCAL AGREEMENT FOR
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OCTC
OCTOBER- 2007
The School Board of Brevard County, The Brevard County Commission,
and The Cities or Towns of Cape Canaveral, Cocoa, Cocoa Beach, Indialantic,
Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, PaIrn Bay, Palm Shores,
Rockledge, Satellite Beach, Titusville, and West Melbourne
10mley-Horn
and Associates, Inc.
Table of Contents for the
Interlocal Agreement
INTRODUCTION........................................................................................................................... 1
SECTION 1. DEFINITIONS ........................................................................................................ 2
SECTION 2. JOINT MEETINGS ................................................................................................ 6
2.1
Staff Working Group ......................................................................................................
6
2.2
Annual Meetings of Elected Officials .............................................................................
6
2.3
Capital Outlay Committee (COC) ..................................................................................
6
SECTION3. STUDENT ENROLLMENT AND POPULATION PROJECTIONS ........................ 6
3.1
Population and Student Enrollment Projections Distributed Annually ..........................
6
3.2
Student Projections .......................................................................................................
7
SECTION 4. COORDINATING AND SHARING OF INFORMATION ......................................... 7
4.1
Tentative District Educational Facilities Work Plan ....................................................... 7
4.2
Educational Plant Survey ..............................................................................................
7
SECTION 5. SCHOOL SITE SELECTION, RENOVATIONS, AND SCHOOL CLOSURES ..... 7
5.1
New School Sites ..........................................................................................................
7
5.2
School Site Plan Review ...............................................................................................
8
5.3
Major Renovations and Closures ..................................................................................
9
SECTION 6. SUPPORTING INFRASTRUCTURE ..................................................................... 9
6.1
Joint Consideration of On -Site and Off -Site Improvements ...........................................
9
SECTION 7. LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS ................ 9
7.1
Appointed LPA Members ...............................................................................................
9
7.2
County and City Development Applications Shared with the School Board ..................
9
7.3
Criteria for Evaluating Residential Development Applications .......................................
9
7.4
Formulating City and County Plans and Programs .....................................................
10
SECTION 8. CO -LOCATION AND SHARED USE ..................................................................
10
8.1
Co -location and Shared Use .......................................................................................
10
8.2
Mutual Use Agreement ................................................................................................
11
SECTION 9. SPECIFIC RESPONSIBILITIES OF THE PARTIES ...........................................
11
9.1
Specific Responsibilities of the County and Cities .......................................................
11
9.2
Specific Responsibilities of the School Board .............................................................
12
SECTION 10. SCHOOL DISTRICT CAPITAL IMPROVEMENT PLAN .................................
12
10.1
School District's Five -Year Capital Facilities Work Program .......................................
13
10.2
Tentative Educational Facilities Plan ...........................................................................
13
10.3
Transmittal ...................................................................................................................
13
10.4
Adoption ......................................................................................................................
14
10.5
Amendments to the School District's Five -Year Capital Facilities Work Program .......
14
Brevard County School Planning Interlocal Agreement - October, 2007
Page i
5ECTION11. COMPREHENSIVE PLAN ELEMENTS .......................................................... 14
11.1 Required Comprehensive Plan Amendments ............................................................. 14
11.2 Development, Adoption and Amendment of the
Capital Improvements Element (CIE) .......................................................................... 15
11.3 Development, Adoption and Amendment of the
SignaturePages .................................................................................................................... 26-41
Appendix............................................................................................................................... 42-48
Appendix "A" - Concurrency Service Area (CSA) Maps
Appendix "B" - Tiered Level of Service Table
Appendix "C" - School District Student Generation Multiplier
Appendix "D" - School Concurrency Review Process Flow Chart
Brevard County School Planning Interlocal Agreement - October, 2007
Page ii
Public School Facilities Element (PSFE) ..................................................................... 15
11.4
Intergovernmental Coordination Element ....................................................................
16
SECTION 12. SCHOOL CONCURRENCY PROGRAM ........................................................ 16
12.1
Commencement of School Concurrency .....................................................................
16
12.2
Concurrency Service Area (CSA) Boundaries .............................................................
16
12.3
Level of Service (LOS) ................................................................................................ 17
12.4
School Concurrency Regulations ................................................................................
18
SECTION 13. UNIFORM SCHOOL CONCURRENCY PROCESS ........................................
18
13.1
General Provisions ......................................................................................................
18
13.2
School Concurrency Application Review .....................................................................
19
13.3
School Concurrency Approval .....................................................................................
21
13.4
Development Review Table .........................................................................................
21
13.5
Proportionate Share Mitigation ....................................................................................
22
13.6
Appeal Process ...........................................................................................................
24
SECTION14. OVERSIGHT ....................................................................................................
24
14.1
Oversight .....................................................................................................................
24
SECTION 15. SPECIAL PROVISIONS ..................................................................................
25
15.1
School District Requirements ......................................................................................
25
15.2
Land Use Authority ......................................................................................................
25
SECTION 16. AMENDMENT PROCESS, NOTICE AND TERM OF AGREEMENT .............
25
16.1
Amendment of the Agreement ....................................................................................
25
16.2
Notice Requirements ..................................................................................................
25
16.3
Repeal of Agreement ..................................................................................................
25
16.4
Termination of Agreement ..........................................................................................
25
16.5
Withdrawal ..................................................................................................................
26
SECTION 17. RESOLUTION OF DISPUTES ........................................................................
26
17.1
Dispute Resolution ......................................................................................................
26
SECTION 18. EXECUTION IN COUNTERPARTS ................................................................
26
18.1
Agreement Execution ..................................................................................................
26
SignaturePages .................................................................................................................... 26-41
Appendix............................................................................................................................... 42-48
Appendix "A" - Concurrency Service Area (CSA) Maps
Appendix "B" - Tiered Level of Service Table
Appendix "C" - School District Student Generation Multiplier
Appendix "D" - School Concurrency Review Process Flow Chart
Brevard County School Planning Interlocal Agreement - October, 2007
Page ii
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Brevard County, Florida
THIS AGREEMENT is entered into with the Brevard County Board of County Commissioners
(hereinafter referred to as the "County"), the Commission or Council of the Cities or Towns of
Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Malabar, Melbourne,
Melbourne Beach, Palm Bay, Palm Shores, Rockledge, Satellite Beach, Titusville and West
Melbourne (hereinafter referred to as the "Cities"), and the School Board of Brevard County
(hereinafter referred to as the "School Board"), collectively referred to as the "Parties". The
Town of Melbourne Village qualifies for an exemption from the ILA for School Concurrency at
this time.
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
community; and
WHEREAS, the County, Cities and the School Board are authorized to enter into this
Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2 and Section 1013.33, Florida
Statutes (F. S.); and
WHEREAS, the Town of Melbourne Village qualifies for exemption in accordance with Section
163.3177(12)(b), F. S.; 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, and (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
WHEREAS, the County, Cities and School Board have determined that it is necessary and
appropriate for the entities to cooperate with each other to provide adequate public school
facilities in a timely manner and at appropriate locations, to eliminate any deficit of permanent
student stations, and to provide capacity for projected new growth; and
WHEREAS, Section 1013.33, F.S., 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, Sections 163.3177(6)(h) I and 2, F.S., 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
Brevard County School Planning Interlocal Agreement —October, 2007
Page 1
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 163.3177(7) and 1013.33, F.S., require the County, Cities and School
Board to establish jointly the specific ways in which the plans and processes of the school board
district and the local governments are to be coordinated; and
WHEREAS, Sections 163.31777, 163.3180(13), and 1013.33, F.S., require the County, Cities
and School Board to update their Public School Interlocal Agreement to establish school
concurrency to satisfy Section 163.3180 (12)(g)l, F.S. and
WHEREAS, The Agreement acknowledges both the school board's constitutional and statutory
obligations to provide a uniform system of free public schools on a countywide basis, and the
land use authority of local governments, including their authority to approve or deny
comprehensive plan amendments and development orders; and
WHEREAS, the County and Cities are entering into this Agreement in reliance on the School
Board's obligation to prepare, adopt and implement a financially feasible capital facilities
program to achieve public schools operating at the adopted level of service consistent with the
timing specified in the School District's Capital Facilities Plan, and the School Board's further
commitment to update the plan annually to add enough capacity to the Plan in each succeeding
fifth year to address projected growth in order to maintain the adopted level of service and to
demonstrate that the utilization of school capacity is maximized to the greatest extent possible
pursuant to Section 163.3180 (13)(c)2, F.S.; and
WHEREAS, the School Board, is entering into this Agreement in reliance on the County and
Cities' obligation to adopt amendments to their local comprehensive plans to impose School
Concurrency as provided in Section 163.3180(13), Florida Statutes; and
WHEREAS, Section 1002.33(l), F.S., states that charter schools shall be part of the state's
program of public education and that all charter schools are public schools. A charter school
may be formed by creating a new school or converting an existing public school to charter
status.
NOW THEREFORE, be it mutually agreed among the School Board, the County and the Cities
(hereinafter referred to collectively as the "Parties") that the following definitions and procedures
will be followed in coordinating land use, public school facilities planning, and school
concurrency.
SECTION 1. DEFINITIONS
Adjacent Concurrency Service Area: A concurrency service area which is contiguous and
touches the boundary of another concurrency service area along one side to the extent
practicable, taking into account water bodies, and limited access interstate corridors.
Attendance Zone: The geographic area which identifies the public school assignment for
students.
Brevard County School Planning Interlocal Agreement —October, 2007
Page 2
Capital Outlay Committee (COC): Committee responsible for the oversight of school
concurrency.
Cities: All municipalities in Brevard County, except any of those that are exempt from the
requirements of school concurrency, pursuant to Section 163.3177(12), F.S.
Charter School: Public schools of choice which operate under a performance contract, or a
11 charter," in accordance with Section 1002.33, F.S.
Class Size Reduction: Florida Constitutional amendment creating class size limits for teacher
to pupil ratios for core educational instruction. Beginning in the 2010 school year, a
sufficient number of classrooms in a public school will permit:
1 . The maximum number of students who are assigned to each teacher who is teaching in
public school classrooms for pre -kindergarten through grade 3 does not exceed 18
students;
2. The maximum number of students who are assigned to each teacher who is teaching in
public school classrooms for grades 4 through 8 does not exceed 22 students; and
3. The maximum number of students who are assigned to each teacher who is teaching in
public school classrooms for grades 9 through 12 does not exceed 25 students.
Comprehensive Plan: A plan that meets the requirements of Sections 163.3177 and 163.3178
F.S.
Concurrency Service Area (CSA): A geographic unit adopted by the School Board and local
governments within which the level of service is measured when an application for
residential development is reviewed for school concurrency purposes.
Consistency: Compatible with and furthering the goals, objectives and policies of the
Comprehensive Plan Elements and this Agreement.
Core Facilities: The media center, cafeteria, toilet facilities and circulation space of an
educational facility.
Developer: Any person, including a governmental agency, undertaking any construction.
Development Order: Any order granting, or granting with conditions, an application for a
development permit.
Development Permit: Any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance, or any other official action of local government
having the effect of permitting the development of land.
Educational Facility: The buildings, equipment, structures and special educational use areas
that are built, installed or established to serve educational purposes.
Educational Facilities Impact Fee: A fee designated to assist in the funding for acquisition and
development of school facilities, owned and operated by the school district, needed to serve
Brevard County School Planning Interlocal Agreement — October, 2007
Page 3
new growth and development.
Educational Plant Survey: A systematic study of present educational and ancillary plants and
the determination of future needs to provide an appropriate educational program and
services for each student based on projected capital outlay FTE's approved by the
Department of Education.
Exempt Local Government: A municipality which is not required to participate in school
concurrency when meeting all the requirements for having no significant impact on school
attendance, per Section 163.3177(12)(b), F.S.
Financial Feasibility: An assurance that 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 developer contributions, which are adequate
to fund the projected 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. The requirement
that level -of -service standards be achieved and maintained shall not apply if the
proportionate -share process set forth in s. 163.3180(12) and (16) is used (ref. 163.3164(32)
F.S.).
Five -Year Capital Facilities Work Program: The School Board's annually adopted financially
feasible, five-year list of capital improvements which provide for student capacity to achieve
and maintain the adopted level of service.
Florida Inventory of School Houses (FISH): The current edition, published by the Florida
Department of Education, Office of Educational Facilities, listing all land and facilities owned
or acquired under a long-term (40 or more years) lease agreement by local school boards
(hereinafter referred to as "FISH).
Full -Time Equivalent (FTE) Student Count: Fall Semester: The fall semester count of all
"full-time equivalent" students, pursuant to Chapter 1011.62, F.S.
Level of Service (LOS): A standard or condition established to measure utilization within a
Concurrency Service Area Boundary.
Local Governments: Brevard County and its Cities.
Maximum School Utilization: The balance of student enrollment district -wide, to ensure the
most efficient operation of each school within the adopted LOS standard, based on the
number of permanent student stations according to the FISH inventory, taking into account
the Florida Department of Education (FDOE) utilization factor, 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 to the greatest extent possible.
Permanent Capacity: The floor area in a permanent classroom required to house a student in
an instructional program, as determined by the FDOE.
Brevard County School Planning Interlocal Agreement — October, 2007
Page 4
Permanent Classroom: An area within a school that provides instructional space for students
assigned to a teacher which the school board considers not temporary and cannot be
relocated..
Program Capacity: A FDOE regulated space within a school used to meet the needs of
special programs, including exceptional education and English for Speakers of Other
Languages (ESOL) classes, which contribute to a school's capacity.
Proportionate Share Mitigation: A developer improvement or contribution identified in a
binding and enforceable agreement between the Developer, the School Board and the local
government with jurisdiction over the approval of the development order to provide
compensation for the additional demand on public school facilities created through the
residential development of the property, as set forth in Section 163.3180(13)(e), F.S.
Proposed New Residential Development: Any application for new residential development or
any amendment to a previously approved residential development, which results in an
increase in the total number of housing units.
Public Facilities: Civic capital assets including, but not limited to, transit, sanitary sewer, solid
waste, potable water, schools, parks, libraries and community buildings.
Residential Development: Any development that is comprised of dwelling units, in whole or in
part, for permanent human habitation.
School Board: The governing body, established Article IX, Section 4, of the Florida
Constitution, which shall operate, control and supervise all free public schools within the
school district and determine the rate of school district taxes within the limits prescribed.
School Capacity: A school's ability to house maximum number of students permitted by the
FISH inventory.
School Capacity Availability Determination Letter: A letter prepared by the School District of
Brevard County, identifying if school capacity is available to serve a residential project, and
if capacity exists, whether the proposed development is approved or vested.
School District: The School District of Brevard County is created pursuant to Article IX,
Section 4, of the Florida Constitution, which establish that each county shall constitute a
school district unless otherwise established upon a vote of the electors of the county.
School District Capital Facilities Work Program: The adopted Brevard County School
District's Five -Year Capital Plan and Capital Budget as authorized by Section 1013.35, F.S.
School Impact Analysis: A formal description of a residential project subject to school
concurrency review provided by the developer for School District review in accordance with
Section 13.1 of this Agreement.
Temporary Classroom: A movable classroom facility for non -permanent student stations.
Tentative Educational Facilities Plan: The School District's annual comprehensive capital
planning document that includes long-range planning for facilities needs over 5 -year, 10 -
year, and 20 -year periods.
Brevard County School Planning Interlocal Agreement —October, 2007
Page 5
Tiered Level of Service: A level of service which is graduated over time, used to achieve an
adequate and desirable level of service at the end of a specified period of time, as permitted
by the Florida Statutes.
Type of School: An educational facility providing the same level of education, i.e. elementary,
middle, junior/senior, or high school or special purpose school such as magnet school.
Utilization: The comparison of the total number of students enrolled to the total number of
student stations (FISH) at a school facility.
SECTION 2. JOINT MEETINGS
2.1 Staff Working Group. A staff working group comprised of staff representatives from the
County, School Board, and Cities will meet on a semi-annual basis, in December and July, to
discuss issues and formulate recommendations regarding coordination of land use and school
facilities planning, including such issues as population and student projections, development
trends, school needs, co -location and joint use opportunities, and ancillary infrastructure
improvements needed to support the school and ensure safe student access. Representatives
from the Regional Planning Council will also be invited to attend. A designee of the School
Board shall be responsible for coordinating and convening the semi-annual meeting.
2.2 Annual Meetings of Elected Officials. One or more elected representatives of the
County, each City and the School Board will meet annually in September to discuss the draft
Tentative District Educational Facilities Work Plan, which includes the Five -Year Capital
Facilities Program submission to DOE in a joint workshop session. A representative of the
Regional Planning Council will also be invited to attend. The joint workshop sessions will
provide the opportunity for the County, the Cities, and the School Board to hear reports, discuss
policy, set direction, and reach understandings concerning issues of mutual concern regarding
coordination of land use and school facilities planning, including population and student growth,
development trends, school needs, off-site improvements, and joint use opportunities. The
Parties will discuss opportunities to co -locate schools with other public facilities such as parks,
libraries, and community centers to the extent possible.
2.3 Capital Outlay Committee (COC). The Parties hereby establish a Capital Outlay
Committee (COC) for the purpose of reviewing potential sites for new schools, proposals for
significant renovation, potential closure of existing schools and opportunities to co -locate
schools with other public facilities such as parks, libraries, and community centers to the extent
possible. Based on information gathered during the review, the COC will submit
recommendations to the Superintendent or designee. Additionally, the COC will be a standing
committee to review the School District's annual Five -Year Capital Facilities Work Program in
accordance with Section 4.1 and 10 of this Agreement, and serve as the required oversight
committee for school concurrency as detailed in Section 14 of this Agreement. In addition to
appropriate representatives of the School Board, the Committee will include at least one staff
member from the County and a representative from each of the participating Cities.
SECTION 3. STUDENT ENROLLMENT AND POPULATION PROJECTIONS
3.1 Population And Student Enrollment Projections Distributed Annually. In fulfillment
of their respective planning duties, the County, Cities, and School Board agree to coordinate
Brevard County School Planning Interlocal Agreement — October, 2007
Page 6
and base their plans upon consistent projections of the amount, type, and distribution of
population growth and student enrollment. At the first staff working group meeting of the school
year described at subsection 2.1, the County and Cities shall provide updated five-year
population projections and the School Board will supply the annually updated student enrollment
projections.
3.2 Student Projections. The School Board shall use student population projections based
on information produced by the demographic data, where available, as modified by the School
Board based on development data and agreement with the Cities and the County. The School
Board may request adjustment to the projections to reflect actual enrollment and development
trends. In formulating such a request, the School Board will coordinate with the Cities and
County regarding development trends and future population projections.
SECTION 4. COORDINATING AND SHARING OF INFORMATION
4.1 Tentative District Educational Facilities Work Plan. By August 1st of each year, the
School Board shall submit to the County, each City and the Capital Outlay Committee (COC)
the Tentative District Educational Facilities Plan prior to adoption by the Board.
(a) The plan will be consistent with the requirements of Section 1013.35, F.S., and include
projected student populations apportioned geographically, an inventory of existing
school facilities, projections of facility space needs, information on relocatables, general
locations of new schools for the 5, 10, 20 -year time periods, and options to reduce the
need for additional permanent student stations.
(b) The plan will also include the financially feasible School District Capital Facilities Work
Program for a 5 -year period. The Cities and County shall review the plan and provide
written comments to the School Board prior to September 1st.
(c) If the local government does not support the plan, the matter shall be resolved pursuant
to Section 17 of this Agreement.
4.2 Educational Plant Survey. Three months prior to preparation of the Educational Plant
Survey update, the staff working group established in subsection 2.1 will assist the School
Board in an advisory capacity in the preparation of the update. The Educational Plant Survey
shall be consistent with the requirements of Section 1013.31, F.S., 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 the land use plan. Upon receipt of the
Educational Plant Survey, the Staff Working Group will have fifteen (15) calendar days to
evaluate and make recommendations regarding the location and need for new schools,
significant renovation or expansion, and closures of educational facilities, and the consistency of
such plans with the local government comprehensive plan and relevant issues listed in
subsections 5.2, 5.3, 6.1, 7.4 and 8.1 of this Agreement.
SECTION 5. SCHOOL SITE SELECTION, RENOVATIONS, AND SCHOOL CLOSURES
5.1 New School Sites. When the need for a new school is identified in the annual capital
facilities work program, the COC will review a list of potential sites in the area of need. The list
of potential sites for new schools will be submitted to the local government with jurisdiction for
Brevard County School Planning I nterlocal Agreement — October, 2007
Page 7
an assessment regarding consistency with the local government comprehensive plan. The
coordination process shall be in accordance with Chapter 1013.33 F.S. as follows:
(a) To improve coordination relative to potential educational facility sites, the school board
shall provide written notice to the local government that has regulatory authority over the
use at least 60 days prior to acquiring or leasing property that may be used for a new
public educational facility.
(b) The local government, upon receipt of this notice, shall notify the board within 45 days if
the site proposed for acquisition or lease is consistent with the land use categories and
policies of the local government's comprehensive plan. This preliminary notice does not
constitute the local government's determination of consistency pursuant to 5.1 (c).
(c) As early in the design phase as feasible and consistent with this Agreement entered, but
no later than 90 days before commencing construction, the district school board shall in
writing request a determination of consistency with the local government's
comprehensive plan.
(d) The local governing body that regulates the use of land shall determine, in writing within
45 days after receiving the necessary information and a school board's request for a
determination, whether a proposed educational facility is consistent with the local
comprehensive plan and consistent with local land development regulations. If the
determination is affirmative, school construction may commence and further local
government approvals are not required, except as provided in this section.
(e) Failure of the local governing body to make a determination in writing within 90 days
after a school board's request for a determination of consistency shall be considered an
approval of the school board's application. Campus master plans and development
agreements must comply with the provisions of Sections 1013.30 and 1013.63 F.S.
(f) If a determination is made that a proposed school site is not consistent with the
comprehensive plan, the local government shall identify whether it will support
necessary amendments to the comprehensive plan required to make the school site
consistent. Based on the information gathered during this review for new schools, the
COC will make a recommendation to the Superintendent or designee if one or more
sites have been identified, in the order of preference.
(g) If the local government does not support the proposed School District's choice for a
school site, the matter shall be resolved pursuant to Section 17 of this Agreement.
5.2 School Site Plan Review. Once a school site has been selected and site design has
begun, the School Board shall provide the local government the opportunity to review and
comment on the proposed site plan as early in the design phase of the new public educational
facilities as feasible.
(a) A local governing body may not deny the site applicant based on adequacy of the site
plan as it relates solely to the needs of the school. If the site is consistent with the
comprehensive plan's land use policies and categories in which public schools are
identified as allowable uses, the local government may not deny the application but it
may impose reasonable development standards and conditions in accordance with
s.1013.51(l) and consider the site plan and its adequacy as it relates to environmental
Brevard County School Planning Interlocal Agreement —October, 2007
Page 8
concerns, health, safety and welfare, and effects on adjacent property. Standards and
conditions may not be imposed which conflict with those established in Chapter 1013
F.S. or the Florida Building Code, unless mutually agreed to as a part of this Agreement.
5.3 Major Renovations and Closures. When the need for a major renovation that changes
the primary use of a facility, includes stadiums, or results in a greater than 5 percent
increase or decrease in student capacity, or the closure of a school has been identified
by the School District, the (COC) will review the proposed change to determine the
impact the renovation or closure will have on the adopted level of service for schools and
provide a recommendation to the school board regarding the proposed change.
SECTION 6. SUPPORTING INFRASTRUCTURE
6.1 Joint Consideration of On -Site and Off -Site Improvements. In conjunction with the
land use consistency determination described in subsection 5.1 of this Agreement, the School
Board and affected local government will jointly determine the need for and timing of on-site and
off-site improvements necessary to support each new school or the proposed major renovation
of an existing school. The School Board and the affected local government will enter into a
written agreement identifying the timing, location, and the party or parties responsible for
financing constructing, operating and maintaining the required improvements.
SECTION 7. LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS
7.1 Appointed LPA Members. The County and Cities will include a nonvoting
representative appointed by the School Board on the local planning agencies, or equivalent
agencies, to attend those meetings at which the agendas consider comprehensive plan
amendments and rezonings that would, if approved, increase residential density on the property
that is the subject of the application. The Cities and County may at their discretion grant voting
status to the appointed School Board member.
7.2 County and City Development Applications Shared with the School Board. The
County and the Cities shall give the School Board Superintendent notification of land use
applications and development proposals pending before them that may affect student
enrollment, enrollment projections, or school facilities in accordance with Section 13 of this
Agreement. Such notice will be provided concurrently with receipt of the application. This
notice requirement applies to amendments to the comprehensive plan future land use map,
rezonings, developments of regional impact, and/or major residential or mixed-use development
projects.
7.3 Criteria for Evaluating Residential Development Applications. In addition to the
regulatory review process for school concurrency described in Section 13 of this Agreement,
reviewing and approving Comprehensive Plan amendments, rezonings, for residential
development proposals, the County and Cities will also consider the following issues, as
applicable:
(a) The consideration of School Board comments on residential development proposals;
(b) The provision of school sites and facilities within neighborhoods;
Brevard County School Planning Interlocal Agreement — October, 2007
Page 9
(c) The compatibility of land uses adjacent to existing schools and reserved school sites;
(d) The co -location of parks, recreation and neighborhood facilities with school sites;
(e) The linkage of schools, parks, libraries and other public facilities with bikeways, trails,
and sidewalks for safe access;
(f) The existing traffic circulation pattern serving schools and their surrounding
neighborhood;
(g) The provision of off-site signalization, signage, access improvements, and sidewalks to
serve schools;
(h) The location / inclusion of school bus stops and turnarounds, and
(i) The impact of development proposals on the public school facilities capital plan.
7.4 Formulating City and County Plans and Programs. In formulating community
development plans and programs, the County and Cities will consider the following issues:
(a) Scheduling of capital improvements that are coordinated with and meet the capital
needs identified in the School District's Five—Year Capital Facilities Work Program;
(b) Providing incentives to the private sector to identify and implement creative solutions to
developing adequate school facilities in residential developments;
(c) Targeting community development improvements in older and distressed neighborhoods
near schools; and
(d) Working to address and resolve multi -jurisdictional public school issues.
SECTION 8. CO -LOCATION AND SHARED USE
8.1 Co -location and Shared Use. The co -location and shared use of facilities are
important to both the School Board and local governments. The School Board will look for
opportunities to co -locate and share use of school facilities and civic facilities when preparing
the District's Five—Year Capital Facilities Work Program. Likewise, co -location and shared use
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. Opportunities for co -location and shared use
with public schools will be considered for the following:
(a) Libraries;
(b) Parks and recreation facilities;
(c) Community centers;
(d) Auditoriums;
Brevard County School Planning Interlocal Agreement — October, 2007
Page 10
(e) Learning centers;
(f) Museums;
(g) Performing arts centers, and
(h) Stadiums.
In addition to the above, co -location and shared use of school and governmental facilities for
health care and social services will be considered.
8.2 Mutual Use Agreement. For each instance of co -location and shared use, the School
Board and local government shall enter into a separate agreement which addresses liability,
operating and maintenance costs, scheduling of use, and facility supervision or any other issues
that may arise from co -location and shared use.
SECTION 9. SPECIFIC RESPONSIBILITIES OF THE PARTIES
9.1 Specific Responsibilities of the County and Cities. When the Comprehensive Plan
amendments adopted in accordance with this Agreement become effective, the County and
Cities shall undertake the following activities:
(a) Adopt the required school concurrency provisions into their Land Development
Regulations (LDR) consistent with the time frame established by law, the requirements
of this Agreement, and the County and Cities' comprehensive plans, unless electing to
be bound by the provisions established by the County.
(b) Withhold the approval of any rezoning, site plan, preliminary plat, or functional equivalent
for new residential units not exempted under Section 13.1(c) of this Agreement, until the
School District has reported that there is school capacity available to serve the
development being approved consistent with the requirements of this Agreement.
(c) Share information with the School District regarding population projections, projections
of development and redevelopment for the coming year, infrastructure required to
support public school facilities, and amendments to future land use plan elements
consistent with the requirements of this Agreement.
(d) Maintain data for approved new residential development. The data shall be provided to
the School District annually by October 15 th , and include at a minimum, the following:
1 . Development name and location
2. Total number of dwelling units by unit type (single-family, multi -family, etc.)
3. Impact fee calculation
4. Total number of dwelling units with certificates of occupancy (CO) by
development
Brevard County School Planning Interlocal Agreement — October, 2007
Page 11
(e) Transmit site plans, preliminary plats and final plats for approved new residential
development upon request by the School District, for their review and comment.
9.2 Specific Responsibilities of the School Board. By entering into this Agreement, the
School Board agrees to undertake the following activities:
(a) Annually prepare and update a financially feasible Five -Year Capital Facilities Work
Program containing enough capacity each year to meet the anticipated demand for
student stations identified by the population projections so that no schools exceed the
adopted level of service.
(b) Institute program and/or school attendance boundary adjustments as necessary to
maximize the utilization of capacity in order to ensure that all schools of each type
(elementary, middle, high) in each Concurrency Service Area and each individual school
operate at the adopted level of service, consistent with the requirements of this
Agreement.
(c) Construct the capacity enhancing and modernization projects necessary to maintain the
adopted level of service specified in the School District Five -Year Capital Facilities Work
Program.
(d) Consider utilizing charter schools built in conformance with School District standards to
expand the capacity of the public school system and mitigate the educational impact
created by the development of new residential dwelling units.
(e) Provide the County and Cities with the required data and analysis updated annually to
support the comprehensive plan elements and any amendments relating to school
concurrency.
(f) Adopt a ten- and twenty-year work program consistent with the requirements of this
Agreement.
(g) Review proposed new residential developments for compliance with concurrency
standards, consistent with the requirements of this Agreement.
(h) Review proportionate share mitigation options for new residential development
consistent with the requirements of this Agreement.
(i) Prepare annual reports on enrollment and capacity, consistent with the requirements of
this Agreement.
Provide necessary staff and material support for meetings of the COC as required by
this Agreement.
(k) Provide information to the County and Cities regarding enrollment projections, school
siting, infrastructure necessary to support public school facilities, and amendments to
future land use plan elements consistent with the requirements of this Agreement.
SECTION10. SCHOOL DISTRICT CAPITAL IMPROVEMENT PLAN
Brevard County School Planning Interlocal Agreement —October, 2007
Page 12
10.1 School District's Five -Year Capital Facilities Work Program. In preparation of the
School District's Five—Year Capital Facilities Work Program and each annual update, the School
Board shall undertake the following:
(a) Update and adopt the School District's Five—Year Capital Facilities Work Program for
public schools in Brevard County on or before September 3 01h of each year, adding a
new financially feasible fifth year that will achieve and maintain the adopted LOS for the
five-year period.
(b) Specify all new construction, remodeling or renovation projects which will add permanent
capacity or modernize existing facilities.
(c) Prepare the School District's Five—Year Capital Facilities Work Program and each
annual update to provide a financially feasible program of school construction for a five
(5) year period.
(d) Include school construction projects which, when completed, will add sufficient capacity
to achieve and maintain the adopted LOS standard for all schools based on the
projected enrollment; provide for required modernizations; and satisfy the School
District's constitutional obligation to provide a uniform system of free public schools on a
county -wide basis.
(e) Include a description of each school project, a listing of funds to be spent in each fiscal
year for the planning, preparation, land acquisition, and actual construction and
renovation of each school project which adds capacity or modernizes existing facilities;
the amount of capacity added, if any; and a generalized location map for proposed
schools included in the School District's Five -Year Capital Facilities Work Program.
(f) Maximize utilization of existing schools so that proposed projects add the necessary
capacity to maintain the adopted Level of Service standard.
(g) The School District's Five -Year Capital Facilities Program and each annual update shall
identify the projected enrollment, capacity and utilization percentage of all schools. The
School District shall annually update the Concurrency Service Area Boundary Tables, as
necessary, and "the School District of Brevard County Five -Year Capital Improvements
Summary Table" when updating the School District's Five -Year Capital Facilities Work
Program.
10.2 Tentative Educational Facilities Plan. In addition to the adopted School District's
Five -Year Capital Facilities Work Program, the School District shall annually adopt a tentative
five-year, ten-year and a twenty-year work plan based upon revenue projections, enrollment
projections and facility needs for the ten-year and twenty-year period. It is recognized that the
projections in the ten- and twenty-year time frames are tentative and should be used only for
general planning purposes. Upon completion, the Tentative Educational Facilities Plan will be
transmitted to the local governments.
10.3 Transmittal. The School District shall transmit to the County, the local governments
and the COC copies of the proposed Tentative Educational Facilities Plan, which includes the
Five -Year Capital Facilities Work Program, for review and comment. The Five -Year Capital
Facilities Work Program contains the Five -Year Capital Improvements Summary Table,
demonstrating the financial feasibility of the Program. Transmittal to the COC, the Cities and
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Page 13
the County shall occur on or before August 1't of each year commencing after the effective date
of this Agreement.
10.4 Adoption. Unless the adoption is delayed by mediation or a lawful challenge, the
School Board shall adopt the School District's Five -Year Capital Facilities Work Program no
later than September 3 oth , and it shall become effective no later than October 1't of each year.
10.5 Amendments to the School District's Five -Year Capital Facilities Work Program.
The School Board shall not amend the School District's Five -Year Capital Facilities Work
Program so as to modify, delay or delete any project in the first three (3) years of the Program
unless the School District, with the concurrence of a majority vote by its Board members,
provides written confirmation that:
(a) 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
(b) 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 to be exceeded in the Concurrency Service Area
from which the originally planned project is modified, delayed or deleted; or
(c) The project schedule or scope has been modified to address local government
concerns, and the modification does not cause the adopted LOS to be exceeded in the
Concurrency Service Area from which the originally planned project is modified, delayed
or deleted; and
(d) The COC, as the required oversight committee for school concurrency as detailed in
Section 14 of this Agreement, has had the opportunity to review the proposed
amendment and has submitted its recommendation to the Superintendent or designee.
(e) The School Board may amend at anytime the Five -Year Capital Facilities Work Program
to add necessary capacity projects to satisfy the provisions of this Agreement. For
additions to the Five -Year Capital Facilities Work Program, the School Board must
demonstrate its ability to maintain the financial feasibility of the Program.
SECTION111. COMPREHENSIVE PLAN ELEMENTS
11.1 Required Comprehensive Plan Amendments. The County and the Cities agree to
adopt the following Comprehensive Plan amendments no later than March 1, 2008. All three
elements (PSFE, CIE, and ICE) will be adopted in the same amendment package. The timing
for the adoption of PSFE shall be set for the same time as the adoption of the ICE and the CIE
update.
(a) An amended Capital Improvement Element (CIE) shall include the School Board of
Brevard County Capital Improvements Summary Table. The School Board's Capital
Improvements Summary Table in the CIE shall be adopted and annually updated
consistent with the updated and adopted School District's Five -Year Capital Facilities
Work Program. The School District's data and analysis shall demonstrate that the
Brevard County School Planning Interlocal Agreement — October, 2007
Page 14
School District's Capital Facilities Work Program is financially feasible for the five year
period. The amended table shall be included in the next comprehensive plan
amendment, but no later than December 1st, following the annual adoption of the Five -
Year Capital Facilities Work Program by the School Board.
(b) That the CIE uniformly sets forth a financially feasible public school capital facilities
program, consistent with the adopted Level of Service standards for public schools.
(c) A Public School Facilities Element (PSFE) consistent with the requirements of Section
163.3177 (12) and 163.3180 Florida Statutes and this Agreement.
(d) An amended Intergovernmental Coordination Element as required by Section
163.3177(6)(h)l and 2., Florida Statutes and this Agreement.
(e) Each jurisdiction's amendments shall be consistent with this Agreement, and those
adopted by the other jurisdictions as required by Section 163.3180, Florida Statutes.
11.2 Development, Adoption and Amendment of the Capital Improvements Element
(CIE). The School District shall transmit the adopted Five -Year Capital Facilities Work Program
based on data and analysis supporting financial feasibility and the ability to achieve and
maintain the adopted LOS. The annual update or any amendment to the School District's Five -
Year Capital Facilities Work Program, once adopted by the School Board, shall be transmitted
to the County and the Cities. The update will include a new financially feasible fifth year to the
CIE that will achieve and maintain the adopted LOS for the five year period. The County and
the Cities shall adopt "The School District of Brevard County Five -Year Capital Improvement
Summary Table" from the School District's Five -Year Capital Facilities Work Program into the
Capital Improvement Element of their Comprehensive Plans.
(a) Corrections or modifications to the School District's Five -Year Capital Improvement
Summary Table which are consistent with the School District's Five -Year Capital
Facilities Work Program concerning costs, revenue sources, or acceptance of facilities
pursuant to dedications, may be accomplished by ordinance, and shall not be deemed
an amendment to the comprehensive plan. A copy of the ordinance shall be transmitted
to the State of Florida Department of Community Affairs.
(b) The County and the Cities, by adopting "The School District of Brevard County Five -Year
Capital Improvement Summary Table" in the Capital Improvements Element of the Local
Government's Comprehensive Plan, shall have neither the obligation nor the
responsibility for funding the School District Five -Year Capital Facilities Work Program.
11.3 Development, Adoption and Amendment of the Public School Facilities Element
(PSFE). The County and the Cities shall adopt a Public School Facilities Element which is
consistent with those adopted by the other local governments within the County. The PSFE
must also be consistent with this Agreement, Chapter 163.3177(12), F.S., and Rule 9J-5.025,
F.A.C. The County and the Cities shall notify the COC when this element is adopted and when
the element becomes effective.
(a) In the event that it becomes necessary to amend the PSFE, the local government
wishing to initiate an amendment shall request review through the COC prior to
transmitting the amendment to the Department of Community Affairs pursuant to Section
163.3184, F.S. The COC shall be responsible for distributing the amendment to all
Brevard County School Planning Interlocal Agreement —October, 2007
Page 15
Parties to this Agreement for review and comment.
To achieve required consistency, all local governments shall adopt the
amendment in accordance with the statutory procedures for amending
comprehensive plans.
2. If any local government objects to the amendment and the dispute cannot be
resolved between or among the Parties, the dispute shall be resolved in
accordance with the provisions set forth in this Agreement. In such a case, the
Parties agree not to adopt the amendment until the dispute has been resolved.
(b) Any local issues not specifically required by Statute or Rule in the PSFE may be
included or modified in the Local Government PSFE by following the normal
Comprehensive Plan amendment process and COC review.
11.4 Intergovernmental Coordination Element (ICE). The process for the development,
adoption, and amendment of the Intergovernmental Coordination Element, for school
concurrency purposes, shall be that process set forth below and pursuant to Section
163.3184, F.S.
(a) In the event that it becomes necessary to amend the ICE, the local government
wishing to initiate an amendment shall request review through the COC prior to
transmitting the amendment to the Department of Community Affairs pursuant to
Section 163.3184, F.S. The COC shall be responsible for distributing the
amendment to all Parties to this Agreement for review and comment.
To achieve required consistency, all local governments shall adopt the
amendment in accordance with the statutory procedures for amending
comprehensive plans.
If any local government objects to the amendment and the dispute cannot be
resolved between or among the Parties, the dispute shall be resolved in
accordance with the provisions set forth in this Agreement. In such a case, the
Parties agree not to adopt the amendment until the dispute has been resolved.
SECTION 12. SCHOOL CONCURRENCY PROGRAM
12.1 Commencement of School Concurrency. The School Concurrency Program
described in this Agreement shall commence on July 1, 2008.
12.2 Concurrency Service Area (CSA) Boundaries. The Parties hereby agree that School
Concurrency shall be measured and applied using a geographic area known as a Concurrency
Service Area (CSA) which shall coincide with the school attendance boundaries, as adopted by
the School Board. The mapping of the CSAs shall be included in the data and analysis of the
Public School Facilities Element and are provided in Appendix "A" of this Agreement.
(a) The County and Cities shall adopt the standards for modification of the Concurrency
Service Area boundary maps as defined here into the PSFE of the Comprehensive Plan.
1. The School District and local governments shall apply school concurrency on a
Brevard County School Planning Interlocal Agreement — October, 2007
Page 16
less than district -wide basis, using the school attendance zones, in which the
school is located, as the CSA. Use of this method will create a separate
concurrency service area boundary map for each elementary, middle and high
school. Each school attendance zone will become its own CSA.
2. Charter schools and magnet schools will not have their own CSA. Charter and
magnet schools are open to all students residing within the district; and students
are generally accepted through application approval. These special public
schools vary in size, and may target a specific type of student and can limit the
age groups or grade levels.
(b) As future school boundary changes are required for schools programmed in the Brevard
School District Five -Year Capital Facilities Work Program, the CSAs shall be modified to
the greatest extent possible to provide maximum utilization. The School District will
perform as lead agency for coordination and review of proposed changes to the CSAs.
(c) Any Party may propose a change to the CSA boundaries. Prior to adopting any change,
the School District must verify that as a result of the change:
1. The adopted level of service standards will be achieved and maintained for each
year of the five-year planning period; and
2. The utilization of school capacity will be maximized to the greatest extent
possible, taking into account transportation costs, court approved desegregation
plans and other relevant factors.
(d) The Parties shall observe the following process for the timing of the review and approval
for modifying CSA boundary maps
1. At such time as the School District determines that the change is appropriate
considering the above standards, the School District shall transmit the proposed
CSA boundaries and data and analysis to support the changes to the Cities, to
the County and to the COC.
2. The County, Cities and COC shall review the proposed amendment and send
their comments to the School District within forty five (45) days of receipt.
3. The change to a Concurrency Service Area boundary shall become effective
upon final adoption of the new school boundaries by the School Board.
12.3 Level of Service (LOS). To ensure the capacity of schools is sufficient to support
student growth, the County, Cities and School District shall adopt a LOS for schools. The
Parties hereby agree that the desired LOS standard shall be 100% of Permanent FISH capacity.
(a) To ensure that the capacity of schools is sufficient to support student growth at the
adopted LOS for the five-year planning period and through the long term planning period
for each CSA, the Parties hereby establish a Tiered LOS, as provided in Appendix "B" of
this Agreement to achieve the adopted LOS. Upon achieving the LOS standard of 100%
of FISH capacity by school year 2012-2013, the Tiered LOS will be terminated.
(b) The School District may use a Tiered LOS standard to provide an opportunity to
Brevard County School Planning Interlocal Agreement — October, 2007
Page 17
eliminate any deficits in capacity while maintaining a financially feasible Five -Year
Capital Facilities Work Program. During the time that the Tiered LOS is in effect, the
School District shall initiate necessary program changes, boundary adjustments, and/or
additional capacity to prevent the tiered LOS standard from being exceeded.
The Tiered LOS Table, provided as Appendix "B" of this Agreement, shall be
incorporated in the Public School Facilities Element. The Tiered LOS will be
reduced over a specific time period until a LOS of 100% is attained. The Tiered
LOS and the timeframe necessary to achieve a LOS of 100% shall be based on
the financially feasible School District Five -Year Capital Facilities Work Program
as adopted by the School Board.
2. The Tiered LOS shall be supported with data and analysis demonstrating how
LOS will be maintained and achieved.
12.4 School Concurrency Regulations. By July 1, 2008, each Local Government shall
adopt school concurrency provisions into its land development regulations (LDR) consistent with
the requirements of this Agreement.
(a) The County and the Cities shall amend their LDRs to adopt school concurrency
provisions for the review of development orders.
1. In the event that any participating City does not adopt LDRs by July 1, 2008, that
government shall be deemed to have "opted in" to the County regulations and
agrees to be bound by the terms and provisions therein until it adopts its own
ordinance.
2. At any time, any Local Government may opt out of the County's implementing
ordinance through implementing its own ordinance.
SECTION 13. UNIFORM SCHOOL CONCURRENCY PROCESS
13.1 General Provisions. The County, the Cities and the School Board shall ensure that
the Level of Service Standard established for each school type is maintained.
(a) No rezoning, site plan, preliminary plat, or functional equivalent for new residential
development may be approved by the County or Cities, unless the residential
development is exempt from these requirements as provided in Section 13.1 (c) of this
Agreement, or until a School Capacity Availability Determination Letter (SCADL) has
been issued by the School Board to the local government indicating that adequate
school facilities exist.
(b) A local government may condition the approval of the residential development to ensure
that the necessary school capacity is in place to meet the adopted LOS at the time of
residential impacts, in order to validate or render effective the approval. This shall not
limit the authority of a local government to deny a development permit or its functional
equivalent, pursuant to its home rule regulatory powers.
(c) The following residential uses shall be considered exempt from the requirements of
Brevard County School Planning Interlocal Agreement — October, 2007
Page 18
school concurrency:
1. All single family lots of record at the time the School Concurrency implementing
ordinance becomes effective.
2. Any new residential development that has a preliminary plat or site plan approval
or the functional equivalent for a site specific development order prior to the
commencement date of the School Concurrency Program.
3. Any amendment to any previously approved residential development, which does
not increase the number of dwelling units or change the type of dwelling units
(single-family to multi -family, etc.).
4. Any age restricted community with no permanent residents under the age of
eighteen (18). Exemption of an age restricted community will be subject to a
restrictive covenant limiting the age of permanent residents to 18 years and
older.
5. The replacement of an existing residential dwelling unit, including those partially
or entirely damaged, destroyed or demolished, with a new unit of the same type
and use provided that the existing unit has been occupied at some time during
the five-year period immediately preceding the construction of the new unit.
(d) Upon request by a developer submitting a land development application with a
residential component, the local government or the School District may issue a
determination as to whether or not a development, lot or unit is exempt from the
requirements of school concurrency.
13.2 School Concurrency Application Review
(a) Any developer submitting a development permit application (such as a rezoning, site
plan or preliminary plat) with a residential component that is not exempt under Section
13.1(c) of this Agreement is subject to school concurrency and must prepare and submit
a School Impact Analysis (SIA) to the local government, for review by the School District
in order to determine the availability of school capacity within the adopted LOS standard.
(b) The SIA must indicate the location of the development, number of dwelling units and unit
types (single-family, multi -family, apartments, etc.), a phasing schedule (if applicable),
and age restrictions for occupancy (if any). The local government shall initiate the
review by determining that the application is sufficient for processing. Upon
determination of application sufficiency, the local government shall transmit the SIA to
the School District representative for review. A flow chart outlining the school
concurrency review process is included as Appendix "D". The process is as follows:
An application for residential development is submitted to the local government
initiating a sufficiency review. Once deemed sufficient, the local government
transmits the SIA to the School District for review. The School Board may charge
the applicant a non-refundable application fee payable to the School Board to
meet the cost of review.
2. The School District representative shall review the applicant's SIA for a
Brevard County School Planning Interlocal Agreement — October, 2007
Page 19
residential development which has been submitted and deemed sufficient for
processing by the applicable local government.
3. The School District representative shall review each SIA in the order in which it is
received and verify whether sufficient student stations for each type of school are
available or not available in the proposed development's CSA to support the
development.
a. To determine a proposed development's projected students, the proposed
development's projected number and type of residential units shall be
converted into projected students for all schools of each type within the
specific CSA using the School District Student Generation Multiplier (SGM),
as established in Appendix "C," which shall be reviewed annually and
amended as necessary to reflect the current district wide student generation
rates.
b. New school capacity within a CSA which is in place or under actual
construction in the first three years of the School District's Capital Facilities
Work Program will be added to the capacity shown in the CSA, and is
counted as available capacity for the residential development under review.
(c) If the projected student growth from a residential development causes the adopted LOS
to be exceeded in the CSA, an adjacent CSA will be reviewed for available capacity.
In conducting the adjacency review, the School District shall first use the
adjacent CSA with the most available capacity to evaluate projected enrollment
and, if necessary, shall continue to the CSA with the next most available capacity
until all adjacent CSAs have been evaluated or the available capacity has been
identified to allow a SCADL approving school concurrency to be issued.
2. If a proposed new development causes the LOS in the CSA in which it is located
to exceed the adopted LOS standard and there is available capacity in an
adjacent CSA, actual development impacts shall be shifted to the contiguous
CSA having available capacity. This shift shall be accomplished through
boundary changes or by assigning future students from the development to an
adjacent CSA.
(d) In the event that there is not adequate capacity available in the CSA in which the
proposed development is located or in an adjacent CSA to support the development, the
School District representative will issue a SCADL within twenty (20) working days
detailing why the development is not in compliance, and offer the applicant the
opportunity to enter into a negotiation period to allow time for the mitigation process
described below in Section 13.5 of this Agreement. If the proposed mitigation is
accepted, the School Board shall enter into an enforceable and binding agreement with
the affected local government and the developer pursuant to Section 13.5 of this
Agreement.
(e) When capacity has been determined to be available, the School District representative
shall issue a SCADL verifying available capacity to the applicant and the affected local
government within ten (10) working days of receipt of the application.
Brevard County School Planning Interlocal Agreement — October, 2007
Page 20
(f) The local government shall be responsible for notifying the School District representative
when a residential development has received a Concurrency Evaluation Finding of
Nondeficiency or functional equivalent, when the development order for the residential
development expires or is revoked, and when its school impact fees have been paid.
13.3 School Concurrency Approval. Issuance of a SCADL by the School District identifying
that adequate capacity exists indicates only that school facilities are currently available, and
capacity will not be reserved until the local government issues a Concurrency Evaluation
Finding of Nondeficiency, or the functional equivalent.
(a) A local government shall not issue a Concurrency Evaluation Finding of Nondeficiency
or functional equivalent for a residential development until receiving confirmation of
available school capacity in the form of a SCADL from the School District. Once the
local government has issued a Concurrency Evaluation Finding of Nondeficiency or
functional equivalent, school concurrency for the residential development shall be valid
for the life of the Concurrency Evaluation Finding of Nondeficiency or functional
equivalent. Expiration, extension or modification of a Concurrency Evaluation Finding of
Nondeficiency or functional equivalent for a residential development shall require a new
review for adequate school capacity to be performed by the School Board.
(b) Local governments shall notify the School District within ten (10) working days of any
official change in the validity (status) of a Concurrency Evaluation Finding of
Nondeficiency or functional equivalent for a residential development.
(c) The Local Government shall not issue a building permit or its functional equivalent for a
non-exempt residential development until receiving confirmation of available school
capacity from the School District in the form of a SCADL. Once the local government
has issued a Concurrency Evaluation Finding of Nondeficiency or functional equivalent,
school concurrency for the residential development shall be valid for the life of the
Concurrency Evaluation Finding of Nondeficiency or functional equivalent.
13.4 Development Review Table. The School District shall create and maintain a
Development Review Table (DRT) for each CSA, and will use the DRT to compare the
projected students from proposed residential developments to the CSAs available capacity
programmed within the first three years of the current five-year capital planning period.
(a) Student enrollment projections shall be based on the most recently adopted School
District Capital Facilities Work Program, and the DRT shall be updated to reflect these
projections. Available capacity shall be derived using the following formula:
Available Capacity = School Capacity' — (Enrollment2 + Vested 3)
Where
I School Capacity = FISH Capacity (As programmed in the first three (3) years of
the School District's Capital Facilities Work Program
2 Enrollment = Student enrollment as counted at the Fall FTE.
3 Vested = Students generated from residential developments approved and
receiving a SCADL after the implementation of school concurrency
(b) Using the Fall FTE, the vested number of students on the DRT will be reduced by the
number of students represented by the residential units that received certificates of
Brevard County School Planning Interlocal Agreement —October, 2007
Page 21
occupancy within the previous twelve (12) month period.
13.5 Proportionate Share Mitigation. In the event there is not sufficient school capacity
available to support the students generated from the proposed residential development under
review, based on the student generation multiplier (SGIVI) calculation of students as described in
Section 13.2(b)3.a, the School District shall entertain proportionate share mitigation options and,
if accepted, shall enter into an enforceable and binding agreement with the developer and the
local government to mitigate the impact from the development through the creation of additional
school capacity.
(a) When the student impacts from a proposed development cause the adopted LOS to fail,
the developer's proportionate share will be based on the number of additional student
stations necessary to meet the established LOS. The amount to be paid will be
calculated by the cost per student station for elementary, middle and high school as
determined and published by the State of Florida, plus a share of the land acquisition
and infrastructure expenditures for school sites as determined and published annually in
the School District's Five -Year Capital Facilities Work Program.
(b) The methodology used to calculate a developer's proportionate share mitigation shall be
as follows:
Proportionate Share = ('Development students - Available Capacity) x Total Costa per
student station
Where
'Development students = Students generated by residential development that are
assigned to that school
aTotal Cost = the cost per student station as determined and published by the State of
Florida, plus a share of the land acquisition and infrastructure expenditures for school
sites as determined and published annually in the School District's Five -Year Capital
Facilities Work Program.
(c) The applicant shall be allowed to enter a negotiation period with the School District in an
effort to mitigate the impact from the development through the creation of additional
capacity. Upon identification and acceptance of a mitigation option deemed financially
feasible by the School Board, the developer shall enter into a binding and enforceable
agreement with the School Board and the local government with jurisdiction over the
approval of the development order.
A mitigation contribution provided by a developer to offset the impact of a
residential development must be directed by the School Board toward a school
capacity project identified in the School District's Five -Year Capital Facilities
Work Program. Capacity projects identified within the first three (3) years of the
Five -Year Capital Facilities Work Program shall be considered as committed in
accordance with Section 10.5 of this Agreement.
2. If capacity projects are planned in years four (4) or five (5) of the School District's
Five -Year Capital Facilities Work Program within the same CSA as the proposed
residential development, the developer may pay his proportionate share to
Brevard County School Planning Interlocal Agreement — October, 2007
Page 22
mitigate the proposed development in accordance with the formula provided in
Section 13.5 (b) of this Agreement. This may not change the timing of the
School District's Five -Year Capital Facilities Work Program.
3. If a capacity project does not exist in the Capital Facilities Work Program, the
School Board may add a capacity project to satisfy the impacts from a proposed
residential development, if it is funded through the developer's proportionate
share mitigation contributions in the next update of the Program. Mitigation
options may include, but are not limited to:
a. Contribution of land or payment for land acquisition in conjunction with the
provision of additional school capacity; or
Mitigation banking based on the construction of a public school facility in
exchange for the right to sell capacity credits; or
c. Provision of additional student stations through the donation of buildings for
use as a primary or alternative learning facility; or
d. Provision of additional student stations through the renovation of existing
buildings for use as learning facilities; or
e. Construction or expansion of permanent student stations or core capacity; or
f. Construction of a public school facility in advance of the time set forth in the
School District's Five -Year Capital Facilities Work Program.
g. Construction of a charter school designed in accordance with School District
standards, providing sufficient permanent capacity to the District's inventory
of student stations. Use of a charter school for mitigation must include
provisions for its continued existence, including but not limited to the transfer
of ownership of the charter school property and/or operation of the school to
the School Board.
(d) For mitigation measures (a) thru (g) above, the estimated cost to construct the mitigating
capacity will reflect the estimated future construction costs at the time of the anticipated
construction. Improvements contributed by the developer shall receive school impact
fee credit.
(e) Developer shall receive an impact fee credit for that portion of the developer's
educational impact used to fund the improvements on which the proportionate share
mitigation is calculated.
(f) If the proportionate share mitigation required is greater than the impact fees generated
by the development, the difference between the developer's proportionate share and the
impact fee credit shall be the responsibility of the developer.
(g) Any proportionate share mitigation must directed by the School Board toward a school
capacity improvement identified in the School District's Five -Year Capital Facilities Work
Program.
Brevard County School Planning Interlocal Agreement —October, 2007
Page 23
(h) Upon conclusion of the negotiation period, a second Determination Letter shall be
issued. If mitigation is agreed to, the School District shall issue a new Determination
Letter approving the development subject to those mitigation measures agreed to by the
local government, developer and the School Board. Prior to preliminary plat, site plan
approval or the functional equivalent, the mitigation measures shall be memorialized in
an enforceable and binding agreement with the local government, the School District
and the Developer that specifically details mitigation provisions to be paid for by the
developer and the relevant terms and conditions. In accordance with 163.3180(13)(e)
F.S., having executed a legally binding commitment, school concurrency is satisfied and
the development may proceed.
If mitigation is not agreed to, the Determination Letter shall detail why any mitigation
proposals were rejected and why the development is not in compliance with school
concurrency requirements. A School Capacity Determination Letter indicating either that
adequate capacity is available, or that there is no available capacity following the ninety
(90) day negotiation period as described in Section 13.5 of this Agreement, constitutes
final agency action by the School District for purposes of Chapter 120, F.S.
13.6 Appeal Process. A person may appeal a determination made as a part of the School
Concurrency Process.
(a) A person substantially affected by a School District's adequate capacity determination
made as a part of the School Concurrency Process may appeal such determination
through the process provided in Chapter 120, F.S.
(b) A person substantially affected by a local government decision made as a part of the
School Concurrency Process may appeal such decision using the process identified in
the local government's regulations for appeal of development orders. This shall not
apply to any decision subject to section (a) above.
SECTION 14. OVERSIGHT
14.1 Oversight. The COC will serve as the required oversight committee for school
concurrency to monitor and evaluate the school concurrency program. The committee shall
appoint a chairperson, meet semi-annually in mid-September and mid-March in accordance with
the laws of Florida governing public meetings, and report to participating local governments, the
School Board and the general public on the effectiveness with which this Agreement is being
implemented. A designee of the School Board shall be responsible for coordinating the semi-
annual meeting.
(a) The monitoring and evaluation of the school concurrency process is required pursuant to
Section 163.3180(13)(g)(6)(c), F.S., and Section 2 of this Agreement. The COC shall be
responsible for preparing an annual assessment report on the effectiveness of the
School Concurrency System. The report will be made available to the public and
presented at the COC March meeting.
(b) The COC members shall be invited to attend all meetings referenced in Section 2 and
shall receive copies of all reports and documents produced pursuant to this Agreement.
The COC shall evaluate the effectiveness of the CSAs for measuring the LOS and
consider making recommendations to amend the CSA Map.
Brevard County School Planning Interlocal Agreement — October, 2007
Page 24
(c) By August 1st of each year, the COC shall receive the proposed School District's
Tentative District Educational Facilities Plan that includes the Five -Year Capital Facilities
Work Program. The COC will report to the School District, the County, and the Cities on
whether or not the proposed Five -Year Capital Facilities Work Program maintains the
adopted Level of Service in each CSA by adding enough projects to increase the
capacity. The COC will examine the need to eliminate any permanent student station
shortfalls by including required modernization of existing facilities, and by providing
permanent student stations for the projected growth in enrollment over each of the five
(5) years covered by the program.
SECTION 15. SPECIAL PROVISIONS
15.1 School District Requirements. The Parties acknowledge and agree that the School
District is or may be subject to the requirements of the Florida and United States Constitutions
and other state or federal statutes regarding the operation of the public school system.
Accordingly, the County, the Cities and the School Board agree that this Agreement is not
intended, and will not be construed, to interfere with, hinder, or obstruct in any manner, the
School District's constitutional and statutory obligation to provide a uniform system of free public
schools on a Countywide basis or to require the School District to confer with, or obtain the
consent of, the County or the Cities, as to whether that obligation has been satisfied. Further,
the County, the Cities and the School Board agree that this Agreement is not intended and will
not be construed to impose any duty or obligation on the County or City for the School District's
constitutional or statutory obligation. The County and the Cities also acknowledge that the
School District's obligations under this Agreement may be superseded by state or federal court
orders or other state or federal legal mandates.
15.2 Land Use Authority. The Parties specifically acknowledge that each Local Government
is responsible for approving or denying comprehensive plan amendments and development
orders within its own jurisdiction. Nothing herein represents or authorizes a transfer of this
authority to any other party.
SECTION 16. AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT
16.1 Amendment of the Agreement. This Agreement may be amended by written consent
of all parties to this Agreement after a COC review. The Agreement will remain in effect
until amended in accordance with Florida Statutes.
16.2 Notice Requirements. County, City or Town Clerk, School Board Superintendent, or
as designated by the individual.
16.3 Repeal of the Agreement. If the Florida Statute as it pertains to school planning
coordination and school concurrency is repealed, the Agreement is terminated. Parties
desiring to continue the Agreement may do so by written consent.
16.4 Termination of the Agreement. No party to this Agreement may terminate its
participation in the agreement except through the exemption process in which a
municipality may not be required to participate in school concurrency when
demonstrating that all the requirements are no longer having a significant impact on
school attendance, per Section 163.3177(12)(b), F.S., at the time of a local government
Brevard County School Planning Interlocal Agreement —October, 2007
Page 25
Evaluation and Appraisal Report, by providing a sixty (60) day written notice to at other
parties and to the Florida Department of Community Affairs.
16.5 Withdrawal. Withdrawal from the Agreement by any party shall not alter the terms of
the Agreement with respect to the remaining signatories.
SECTION 17. RESOLUTION OF DISPUTES
17.1 Dispute Resolution. If the parties to this Agreement are unable to resolve any issue in
which they may be in disagreement covered in this Agreement, such dispute will be resolved in
accordance with governmental conflict resolution procedures specified in Chapter 164, F.S.
SECTION 18. EXECUTION IN COUNTERPARTS
18.1 Agreement Execution. This Agreement may be executed in any number of
counterparts, each of which so executed shall be deemed to be original, but all such
counterparts shall, together, constitute but one in the same instrument.
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of
Brevard County Board of County Commissioners, the Cities and Towns of Cape Canaveral,
Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne
Beach, Palm Bay, Palm Shores, Rockledge, Satellite Beach, Titusville, West Melbourne and the
School Board of Brevard County on this day of 1 200_.
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA
Atte
Chairperson, Brevard County
Board of County Commissioners
Clerk
Brevard County School Planning Interlocal Agreement — October, 2007
Page 26
(Seal)
DULY PASSED AND ADOPTED BY THE SCHOOL BOARD OF BRIEVARD COUNTY, THIS
Day of 1 200
BREVARD COUNTY SCHOOL BOARD, FLORIDA
Attest
Chairman, Brevard County School Board Clerk
Brevard County School Planning Interlocal Agreement — October, 2007
Page 27
(Seal)
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA,
THIS L,6-04 Day of j�M'blfir�Y 200 3
CITY OF CAPE CANAVERAL, FLORIDA
Atte:§ (Seal)
By: Clerk
Duly Passed and Adopted by the City Council of Cape Canaveral, Florida, this Day of
,200_.
ROCKY RANDELS
MAYOR
CITY OF CAPE CANAVERAL
Brevard County School Planning Interlocal Agreement — October, 2007
Page 28
APPENDIX "A"
Concurrency Service Area Maps (CSA)
Elementary School Concurrency Areas (CSA) and
Student Locations - October 2005
Legend
Elementary School Studei
Elementary School CSA
0
Elementary Schools
E
Major Roads
Water
W,
7 ' Miles
0 2 4 8
Brevard County School Planning Interlocal Agreement — October, 2007
Page 42
APPENDIX "A" Cont.
Concurrency Service Area Maps (CSA)
Middle School Concurrency Areas (CSA) and
Student Locations - October 2005
Legend
Middle School Student Locations
Middle School Service Areas
0
Middle Schools
M
Major Roads
Water
Miles
Brevard County School Planning Interlocal Agreement — October, 2007
Page 43
APPENDIX "A" Cont.
Concurrency Service Area Maps (CSA)
High School Concurrency Areas (CSA) and
Student Locations - October 200-5
Legend
High School Student Locations
High School Service Areas
0
High Schools
H
Mlilor Roads
Water
Miles
A -
M
Brevard County School Planning Interlocal Agreement — October, 2007
Page 44
APPENDIX "B"
Tiered Level of Service Table
Facility Type
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
Elementary
130016
16201.
� 100%
100%
100%
100%
Junior
121%
122%
100%
100%
100%
100%
High
127%
122%
100%
100%
100%
100%
Brevard County School Planning Interlocal Agreement —October, 2007
Page 45
APPENDIX "C"
School District Student Generation Multiplier
Determining the number of students generated from new residential development is necessary
to identify the new development's impact on public schools. In order to calculate the number of
students associated with new residential development, a student generation multiplier was
created. Because the number of students living in a housing unit varies depending on the type
of residential housing, the student generation rate per residential unit is based on four housing
types as identified in Table 1. These housing types are: single family; multi -family;
condominium/Co-Op; and mobile home.
In accordance with this Agreement, the SGM shall be reviewed annually using this methodology
and amended as necessary to reflect the current district wide student generation rates.
Table 1: Brevard County School Concurrency Student Generation Multipliers (SGM)
Condos and Co -Ops were not aggregated with the multi -family housing type for two reasons.
The real estate market for Condos/Co-Ops differs from that of multi -family housing units, such
as apartments and duplexes. The difference in housing types and their associated markets
generate unique student multipliers. Typically, Condos / Co-ops do not generate as many
students as multi -family housing units. Secondly, the specificity of the parcel data allowed for
the calculation of unique generation rates for Condo/Co-ops and multi -family housing units.
Two datasets were used to calculate the student generation rates. These datasets were the
geographic information systems (GIS) property parcel file from the Brevard County Property
Appraiser's office and October 2005 student enrollment data. The 2005 student enrollment data
were obtained from the School District and contained student addresses and grade level data.
The student address data were geocoded to property parcel data and street centerline data to
create a GIS point file with the spatial location of each student based on their address.
71,805 of the 75,646 student records (95%) were matched to a property parcel. The remaining
3,841 students were then geocoded to the street centerline file. Of these 3,841 students, 547,
or 0.7 percent, were unmatched due to address errors such as post office boxes or
unidentifiable address data.
A spatial join was applied to the parcel data and geocoded student data. A spatial join is a type
of spatial analysis in which the attributes of features in two datasets are joined together based
on the relative location of each feature. In this case, the spatial join linked the point location of
each student to a specific property parcel. The result of this operation is one GIS file that
contains student data as well as housing type data from the property appraiser. Figures 1
through 3 identify the location of public school students at the elementary, middle or high school
levels.
Brevard County School Planning Interlocal Agreement —October, 2007
Page 46
Single
Family
Condo/
Co-op
Mobile
Home
Multi
Family
Elementary
0.20
0.03
0.07
0.19
Middle
0.06
0.01
0.02
0.05
High
0.12
0.02
0.03
0.07
Total
0.38
0.06
0.12
0.31
Condos and Co -Ops were not aggregated with the multi -family housing type for two reasons.
The real estate market for Condos/Co-Ops differs from that of multi -family housing units, such
as apartments and duplexes. The difference in housing types and their associated markets
generate unique student multipliers. Typically, Condos / Co-ops do not generate as many
students as multi -family housing units. Secondly, the specificity of the parcel data allowed for
the calculation of unique generation rates for Condo/Co-ops and multi -family housing units.
Two datasets were used to calculate the student generation rates. These datasets were the
geographic information systems (GIS) property parcel file from the Brevard County Property
Appraiser's office and October 2005 student enrollment data. The 2005 student enrollment data
were obtained from the School District and contained student addresses and grade level data.
The student address data were geocoded to property parcel data and street centerline data to
create a GIS point file with the spatial location of each student based on their address.
71,805 of the 75,646 student records (95%) were matched to a property parcel. The remaining
3,841 students were then geocoded to the street centerline file. Of these 3,841 students, 547,
or 0.7 percent, were unmatched due to address errors such as post office boxes or
unidentifiable address data.
A spatial join was applied to the parcel data and geocoded student data. A spatial join is a type
of spatial analysis in which the attributes of features in two datasets are joined together based
on the relative location of each feature. In this case, the spatial join linked the point location of
each student to a specific property parcel. The result of this operation is one GIS file that
contains student data as well as housing type data from the property appraiser. Figures 1
through 3 identify the location of public school students at the elementary, middle or high school
levels.
Brevard County School Planning Interlocal Agreement —October, 2007
Page 46
This study was conducted using over 99 percent of the total student population, not a sample
set, and the volume of data used was large enough to offset occasional housing type
assignment errors. The total student population used in the multiplier analysis was 72,165. The
student population used in the multiplier analysis is smaller than the total student population
contained in the October 2005 enrollment data for several reasons. Students with address
errors or post office box addresses were not matched to an address by geocoding. Additionally,
1,387 students who attend non-traditional schools, such as the Space Coast Marine Institute
and Crosswinds, were removed from the dataset. Pre -K students were also not included in the
multiplier analysis. Charter school students were included in the student population for this
analysis.
Table 2 displays the number of students by housing type and school type in Brevard County as
of October 29, 2005. In addition to the students summarized in Table 2, 1,096 students were
not assigned to a residential land use due to errors in the parcel data and GIS analysis. These
students were proportionately distributed to the four housing types based on the housing type
distribution for the total student population.
Table 2: Students by Residential Housing Type and School Type
Table 3 details the 2005 housing type counts for Brevard County. These data were obtained
from several sources. The single family and Condo/Co-Op numbers are from the August 2006
property parcel GIS data. The total number of units, not the total number or parcels, was used
to calculate the number of multi -family and mobile home housing units. The mobile home totals
are from 2002 and published by the Florida Housing Data Clearinghouse, which is maintained
by the University of Florida and these numbers are published on the county's website. The total
multi -family units are from 2005 and published by the University of Florida's Bureau of
Economic and Business Research (BEBR).
Table 3: Dwelling Units by Type
Single
Family
Condo/
Co-op
Mobile
Home
Multi
Family
Elementary (K-6)
Middle (7-8)
30,678
9,671
829
283
1,490
413
4,388
1,041
High (9-12)
19,626
446
585
1 619
All Students
59,975
1,558
2,488
Table 3 details the 2005 housing type counts for Brevard County. These data were obtained
from several sources. The single family and Condo/Co-Op numbers are from the August 2006
property parcel GIS data. The total number of units, not the total number or parcels, was used
to calculate the number of multi -family and mobile home housing units. The mobile home totals
are from 2002 and published by the Florida Housing Data Clearinghouse, which is maintained
by the University of Florida and these numbers are published on the county's website. The total
multi -family units are from 2005 and published by the University of Florida's Bureau of
Economic and Business Research (BEBR).
Table 3: Dwelling Units by Type
To determine the student impact of a proposed residential development for school concurrency
purposes, a proposed development's projected number and type of unit are converted into the
number of projected students within the specific Concurrency Service Area Boundary. Based
on the generation rates in Table 1, for every 100 new single-family housing units constructed in
Brevard County, 20 elementary school students will be generated for the Brevard County Public
School System.
Brevard County School Planning Interlocal Agreement — October, 2007
Page 47
Single
__Qo_ndo/__
Co
Mobile
Multi
I
F m I
amil
Co -O
Home
Family
Occupied
1 5
157,455
26,286
8
20,784
22,881
1
Dwelling Units
To determine the student impact of a proposed residential development for school concurrency
purposes, a proposed development's projected number and type of unit are converted into the
number of projected students within the specific Concurrency Service Area Boundary. Based
on the generation rates in Table 1, for every 100 new single-family housing units constructed in
Brevard County, 20 elementary school students will be generated for the Brevard County Public
School System.
Brevard County School Planning Interlocal Agreement — October, 2007
Page 47
Brevard County School Planning Interlocal Agreement —October, 2007
Page 48