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Resolution 2007-342 RESOLUTION NO. 07- 342 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT, INTERGOVERNMENT AL COORDINATION ELEMENT, AND ADDING A PUBLIC SCHOOL FACILITIES ELEMENT TO THE GROWTH MANAGEMENT PLAN AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS WHEREAS, Collier County, pursuant to Section 163.3161, et seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendments to the following elements of its Growth Management Plan: Capital Improvement Element; Intergovernmental Coordination Element; and WHEREAS, Collier County has prepared a new element to its Growth Management Plan as follows: Public School Facilities Element; and WHEREAS, the Collier County Planning Commission has considered the proposed amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendments with certain changes to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan amendments, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed amendments and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and Page 1 of2 WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan amendments, must review and determine if the Plan amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan amendments, prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J-5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. TIllS RESOLUTION ADOPTED after motion; second and majority vote this -f~} day of /J/ ~tl/1) ~ ' 2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~A ~OL' , Ittdt IS . . '. pity Clerk ,ttutan - " Approved as to form and legal'suJ;'ficiency: BYJA~~ ~~01l'/Jb~-~ Marjori . Student-Stirling Assistant County Attorney Page 2 of2 EXIDBIT A COlliER COUNTY GROWTH MANAGEMENT PLAN PUBLIC SCHOOL FACILITIES ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER, 2007 Words underlined are added; words strblslt tt-lrsl:I!ilt-l are deleted (DCA Transmittal Document) TABLE OF CONTENTS Goal. Obiectives and Policies Paae ~ Appendix A Map Series 10 Words underlined are added; words stFblGI-. tRrel:l~1=I are deleted (DCA Transmittal Document) 1 GOAL. OBJECTIVES. AND POLICIES PUBLIC SCHOOL FACILITIES ELEMENT GOAL 1: TO PROVIDE FOR COORDINATED PLANNING BETWEEN THE COUNTY AND THE SCHOOL DISTRICT AND TO ESTABLISH A SCHOOL CONCURRENCY MANAGEMENT SYSTEM TO ENSURE ADEQUATE SCHOOL CAPACITY IS AVAILABLE TO ACCOMMODATE ENROLLMENT DEMAND AS IDENTIFIED IN THE SCHOOL DISTRICT'S FINANCIALLY FEASIBLE FIVE-YEAR CAPITAL IMPROVEMENT PLAN. OBJECTIVE 1.1: SCHOOL CONCURRENCY MANAGEMENT SYSTEM Collier County shall adoot a school concurrency manaaement system to orovide school caoacity at an adooted leyel of service standard. measured within School Concurrency Service Area's (CSAs) for each school tyoe (elementary. middle. hiah) for the lona term and fiye-year olannina oeriods. Policv 1.1.1: Level of Service (LOS) standards for CSAs shall be based uoon oermanent FISH caoacity: 100% for hiah school CSAs; 95% for elementary school CSAs: and 95% for middle school CSAs. Policv 1.1.2: School CSAs shall be established less than district-wide throuah the meraer of Traffic Analysis Zones iTAZs) to establish seoarate elementary school. middle school and hiah schools CSAs aaainst which to measure the leyel of service standard. Policv 1.1.3: Prior to adootina any chanae to the CSA boundaries. the County shall reauire that the School District verify that as a result of the chanae: A. The adooted LOS standards will be achieyed and maintained within the fiye-year olannina oeriod: and B. The utilization of school caoacity will be maximized to the areatest extent oossible. takina into account transoortation costs. court aooroved deseareaation olans and other relevant factors. Policv 1.1.4: The County. in coniunction with the School District and municioalities within the County shall observe the followina orocess for modifvina CSA boundary maos: A. The School District. in coordination with local aoyernments shall review the orooosed CSA boundaries and the data and analysis used to suooort the Words underlined are added; words str\;lslt tl=lre\;l~1=I are deleted 2 (DCA Transmittal Document) chanae. and determine whether or not a chanae is aoorooriate considerina criteria established in Policy 1.1.3. The School District shall transmit suooortina data and analysis to the local aoyernment for reyiew and comment. B. Local aoyernments shall reyiew and comment on the orooosed chanaes within fortv-fiye (45) days of receiot. C. If the orooosed chanae is acceotable to the local aovernment. the chanae to a CSA boundary shall become effectiye uoon final aooroval of the new CSA boundary mao by the School Board. New maos of the CSA boundaries shall also be included as data and analysis in suooort of the local aoyernment PSFEs. Policv 1.1.5: The County. in coni unction with the School District and municioalities within the County shall observe the followina orocess for chanaes in the use of schools: A. At such time as the School District determines that a chanae in the school facility tvoe is aoorooriate. considerina the current use of the school and utilization reauirements. the School District shall transmit the orooosed school chanae in use with the suooortina data and analysis for the chanaes to the local aoyernments for reyiew and comrnent. B. Local aovernments shall reYiew and comment on the orooosed chanaes within forty-fiye (45) days of receiot. C. If acceotable to local aoyernments. the chanae to a school use shall become effectiye uoon final aooroval of the new use of the school by the School Board. OBJECTIVE 1.2: RESIDENTIAL DEVELOPMENT REVIEW The County. in coooeration with the School District. shall ensure a school concurrency eyaluation is oerformed on all non-exemot residential develooment to yerifv that new students can be accommodated within the adooted leyel of service standard established for each school tyoe as measured within a CSA. Policv 1.2.1: The Countv shall not aoorove any non-exemot residential deyelooment aoolication for a new residential oreliminarv olat. site olan or functional eauiyalent until the School District has issued a School Caoacity Availability Determination Letter (SCADLl verifvina ayailable caoacity to serve the deyelooment. Policv 1.2.2: The County shall consider the followina residential uses exemot from the reauirements of school concurrency: A. Sinale family and mobile home lots of record. existina as of March 1. 2008. B. Any new residential develooment that has a final olat or site olan aooroyal or the Words underlined are added; words strl:lsl{ tt:lrt3b1fJh are deleted 3 (DCA Transmittal Document) functional eauivalent of a site soecific develooment order as of March 1. 2008. C. Anv amendment to any oreyiously aooroyed residential deyelooment order that does not increase the number of dwellina units or chanae the dwellina unit tyoe (e.a. sinale-family to multi-family). D. Aae-restricted communities with no oermanent residents under the aae of 18. Exemotion of an aae-restricted community will be subiect to a restrictiye covenant limitina the aae of oermanent residents to 18 years and older. E. All new residential olats and site olans (or functional eauiyalent). or amendments to oreYiously aooroyed residential develoornent orders. which are calculated to aenerate less than one student. Such deyelooment shall be subiect to oayrnent of school imoact fees. F. Deyelooment that has been authorized as a Deyelooment of Reaional Imoact oursuant to Chaoter 380. F.S.. as of March 1. 2008. notwithstandina anv subseauent abandonment of orior develooment of reaional imoact status. Policv 1.2.3: The County. throuah its land deyelooment reaulations. and in coniunction with the School District. shall establish a school concurrency reyiew orocess for all residential deyelooment oroiects that are not exemot under Policy 1.2.2. of this Element. The minimum orocess reauirements are as follows; A. A residential develooment aoolication includina a Schoollmoact Analysis (SIA) is submitted to the County for reyiew. B. The County determines if the aoolication is comolete for orocessina and transmits the comolete SIA to the School District for reyiew. C. The School District reyiews the aoolication for ayailable caoacitv and issues a School Caoacity Availability Determination Letter (SCADl) to the Countv statina: 1. If caoacity is ayailable within the affected CSA. the School District shall issue a SCADL yerifyina ayailable caoacity. 2. If caoacity is not ayailable within the affected CSA. adiacent CSAs are reyiewed for ayailable caoacity. 3. If caoacity is available in the adiacent CSAs. the School District shall issue a SCADL yerifyina ayailable caoacity in the adiacent CSAs. 4. If caoacity is not ayailable in the adiacent CSAs. the School District shall issue a SCADL indicatina the deyelooment is not in comoliance with the adooted LOSS and offer the aoolicant the oooortunity to neaotiate a mitiaation olan within a 90 day oeriod. Words underlined are added; words strblslt tt:II=Sl:;lgR are deleted 4 (DCA Transmittal Document) The Interlocal Aareement for Public School Facility Plannina and School Concurrency and this Public School Facilities Element shall orovide the orocess necessary to determine available school caoacitv for all residential oroiects that are not exemot under Policv 1.2.2 of this Element. until such time as land deyelooment reaulations (LDRs) are adooted. In the eyent that one of the documents listed above is not in effect orior to LDR adootion. the other document shall orovide the orocess necessary to determine available school caoacitv for all non-exemot residential oroiects. Policy 1.2.4: The County. in coniunction with the School District. shall reYiew an aoolicant's residential deyelooment orooosal for orooortionate share mitiaation oroiects to add the school caoacity necessary to satisfy the imoacts of the orooosed residential deyelooment. A. Mitiaation ootions may include. but are not limited to: 1. Contribution of land or oayment for land acauisition in coniunction with the orovision of additional school caoacitv: or 2. Mitiaation bankina based on the construction of a oublic school facility in exchanae for the riaht to sell caoacitv credits: or 3. Donation of buildinas for use as a orimarv or alternatiye learnina facility: or 4. Renovation of existina buildinas for use as learnina facilities: or 5. Construction or exoansion of oermanent student stations or core caoacity: or 6. Construction of a oublic school facility in advance of the time set forth in the School District Five-Year Caoital Facilities Plan. B. If mitiaation is aooroyed. the County and the School District shall enter into an enforceable bindina aareement with the aoolicant. The imoroyement(s) must be directed by the School District toward a school caoacitv imoroyement(s) identified in the School District's Five Year Caoital Plan. and the imoroyement(s) must be reflected in the next uodate to the County's Caoital Irnorovements Element. Followina execution of the Aareement. the School District shall issue a SCADL yerifyina available caoacity to suooort the deyelooment. C. If mitiaation is denied. the County must deny the aoolication based uoon a lack of ayailable school caoacity. Policv 1.2.5: Within one (1) year from the effectiye date of the School Concurrency Growth Manaaernent Plan amendments. the Countv shall adoot school concurrency oroyisions into its Land Develooment Reaulations (LDR) to imolement school concurrency. Words underlined are added; words stn,.slt tRFSI:l!JA are deleted 5 (DCA Transmittal Document) OBJECTIVE 1.3: By March 1. 2008. the County and the School District will: coordinate the location of oublic schools with the Future Land Use MaD and maD series to ensure that existina and orooosed school facilities are located consistent with existina and orooosed residential areas they serye and are oroximate to aoorooriate existina and future land uses. and serve as community focal ooints: coordinate the location of oublic school facilities relative to the location of other oublic facilities such as Darks. libraries and community centers to the extent oossible: coordinate existina and olanned oublic school facilities with the olans for suooortina infrastructure: establish a monitorina arouo: and address coordination on emeraency oreoaredness issues. Policv 1.3.1 : The County. in conjunction with the School District. shall iointly determine the need for. and timina of. on-site and off-site imorovements necessary to suooort new schools. orooosed exoansions. construction that chanaes the orimarv use of a facility. stadiurn construction. or construction that results in a areater than fiye oercent increase in student caoacity. on a case by case basis. at the time of site olannina. Policv 1.3.2: Prior to commencement of construction of a new school. the Countv shall enter into an aareement with the School Board identifyina the timina. location. and the Darty or oarties resoonsible for the olannina. constructina. ooeratina. and rnaintainina infrastructure imorovements necessary to suooort a new school or school imorovement. and ensure that the necessary infrastructure is in olace orior to or concurrent with school construction. Policv 1.3.3: The Countv shall reyiew all orooosals for new oublic schools. school exoansions. or the redeyelooment of existina schools to determine comoatibility of school sites and surroundina land uses. County staff shall consider standards such as. but not limited to. buildina setbacks. bufferjna. traffic calrnina. and noise and alare attenuation. County staff shall oroyide comments to the School District for incorooration into the site olan. Policv 1.3.4: The County. in conjunction with the School District. shall seek oooortunities to co-locate schools with oublic facilities. such as Darks. libraries. and community centers. as the need for these facilities is identified. A seoarate aareement between the School District and the County or other aoorooriate entity. will be develooed for each instance of co-location and shared use which addresses leaal liability. ooeratina and maintenance costs. schedulina of use. and facilitv suoervision. Policv 1.3.5: The County. municioalities within the County. and the School District shall coordinate on emeraency oreoaredness issues. Policv 1.3.6: The County. in coni unction with the School District. shall establish a Citizen Adyisorv Grouo (CAG) to monitor olannina and school concurrency in Collier County. Words underlined are added; words strl;lslt tAfSl;lftR are deleted 6 (DCA Transmittal Document) OBJECTIVE 1.4: The County shall adoot by reference into its Caoitallmorovement Element (CIE). the School District's annually uodated financially feasible Fiye-Year Caoital Imoroyement Plan. soecifically the "Summarv of Caoital Imoroyements Procram" and "Summary of Estimated Reyenue" Tables. These tables identify the financiallv feasible school facility caoacitv oroiects necessary to address existinc deficiencies and future needs based uoon achievinc and maintaininc the adooted LOS standard for schools. Policy 1.4.1 : No later than December 1st of each Year. the County shall adoot bv reference the School District's annually uodated and financially feasible Fiye-Year Caoital Imoroyement Plan. soecificallv the "Summarv of Caoital Imorovements Procram" and "Summarv of Estimated Reyenue" Tables. as formally adooted by the School Board. as Dart of the CIE. Policv 1.4.2: The County. in coniunction with the School District. shall annually reyiew the Public School Facilities Element and maintain a oublic school facilities maD series which are coordinated with the County Future Land Use MaD and MaD Series. includinc the olanned ceneral location of schools and ancillarv facilities for the fiye-year olanninc oeriod and the lonc- rance olanninc oeriod. This MaD Series shall include: A. A maD or maDs which identify the location of existinc oublic school facilities by tyoe. and the location of ancillarv olants. B. A maD or maDs which identifv the ceneral location and tyoe of oublic school facilities and ancillarv olants anticioated oyer the five-year and for the lonc-rance olanninc oeriod. Policy 1.4.3: The County. in coniunction with the School District. shall coordinate the lonc rance oublic school facilities maD with its Comorehensiye Plan and Future Land Use MaD and maD series. Words underlined are added; words stn-:lsk t1=lF81d~1=l are deleted 7 (DCA Transmittal Document) (DCA Transmittal Document) APPENDIX A MAP SERIES Words underlined are added; words strl:;lsl'i tt:Jrel:J~A are deleted 8 '. . . .. [ ~-_I ,1 . \i\" . ......:-- go.':'" .._F~--- _fL. "'''''''':':--- I "i',.- j -----t I . [ Words underlined are added; words strblsl( tRf8l:l€lt-l are deleted 9 (DCA Transmittal Document) ~:'~1. " J""'Il ~ ~n ,,6' l' -:.' ~..u ''''''~ _U --" J-":~"""', ._J----'- 1 .~;,"'.""""".." _"""~,,,',_I , .;;:;;..:;"~F<~'''' ~""'''''{4' _~_"_J _.~~:::::~.-:..:---'.- ---,,/" l~-'- i I I I I , \ ~ I i - I -~ I '''~ ( -----~ . -------'f---- --4 Words underlined are added; words strl;lsh tRral::l~t-1 are deleted 10 (DCA Transmittal Document)