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Ord 26-02 ORDINANCE NO. 26-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE LAND DEVI~,!.OPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 3.1, "REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS", SECTION 3.1.1 (B), "CONCURRENCY", TO PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC SCHOOL CONCURRENCY AMENDMENT; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.3(A), "STANDARD APPLICATION ITEMS", PROVIDING FOR A COMPLETED SCHOOL CONCURRENCY APPLICATION AS A STANDARD APPLICATION ITEM; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating held on June 17, 2002, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. WHEREAS, Section 163.3180(13), Florida Statutes, authorizes Palm Beach County and the municipalities, unless exempt under sub-section 163.3180(13)(01., Flor/da Statutes, to adopt a school concmxency program; and WHEREAS, Section 163.3180(13), F/0dda Statutes, requires that prior to establishing a school concurrency program, Palm Beach County, the affected municipalities and the Palm Beach County School Board adopt an Interlocal Agreement for school concurrency to satisfy Section 163.3177 (6) (la) 1 and 2, Florida Statute~ and WHEREAS, such an Interlocal Agreement was entered into by Palm Beach County, the Palm Beach County School Board, the City of Delray Beach and twenty-five (25) other Palm Beach County municipalities; and WHEREAS, pursuant to the terms of the Interlocal Agreement, Palm Beach County and all twenty-six (26) municipalities have adopted certain Comprehensive Plan amendments; and WHEREAS, pursuant to the terms of the Interlocal Agreement, the City of Delray Beach has adopted Comprehensive Phn Amendment 2001-03 to comply with its Agreement; and WHERF_~S, the Interlocal Agreement further requires that all participants amend their land development regulations to implement the terms of the Interlocal Agreement and their adopted Comprehensive Plans; and WHEREAS, the City is hereby amending its Code of Ordinances to provide for the implementation of the Public School Concurrency Amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 3.1, "Required Findings for Land Use and Land Development Applications", Section 3.1.1 (B), "Concurrency" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: 0t) Concurrency.: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Section 2: That Article 2.4, "General Procedures", Section 2.4.3(A), "Standard Application Items", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Standard Application Items: Every application for a development approval shall contain the following items: (1) A completed application form, appropriate for the development approval which is sought, as provided by the Director. (2) A copy of the latest warranty deed, as recorded with the County clerk, for all the property under consideration, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple tide holders of record of the subject property are, and the nature and extent of their interest therein. 2 ORD. NO. 26-02 (3) If the applicant is other than a single person owner, the written consent of the owner(s) must be provided in a certified form. When an application is executed on behalf of a corporation or a business entity, documentation must be provided which demonstrates that the corporation's representative is authorized to act on behalf of the corporation. (4) A vicinity map which deafly shows the subject property, adjacent properties, and their relationship to streets located within one-half mile of the property. (5) A survey or plat which shows the property described pursuant to the legal description contained in the warranty deed required in subsection (2), above. Such survey or plat shall show all improvements on the property and must be certified as reflecting conditions on the site as they existed within six (6) months prior to the filing of the application. (6) For all items which involve a public heating which must be noticed by letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1)(m). (7) Copy of a letter of notification to utility providers to which a copy of the site plan or plat is provided. (Standard form letter provided by the city). [Reference 2.4.2(C)(2)(a)]. Payment of the appropriate processing fee. See Section 2.4.3(K) for the fee schedule. (9) A comnleted "School District of Palm Beach County. - School Concurrency. Application and Service Provider Form". and a check or money order for the appropriate fee. made payable to: The School District of Palm Beach County. This is required for all projects which include residential qtw¢lling units. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 3 ORD. NO. 26-02 PASSED~ND ADOPTED in regular session on second and final reading on this the day of ~_ ,2002. ATTEST City Clerk First Readin~ Second Readin~ MAYOR 4 ORD. NO. 26-02 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 3.1.1(B) AND SECTION 2.4.3(A) TO ADD PUBLIC SCHOOL CONCURRENCY AS A REQUIRED FINDING AND TO MODIFY SUBMISSION REQUIREMENTS The City Commission of the City of Delray Beach, Flodda, proposes to adopt the following ordinance: ORDINANCE NO. 26-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 3.1, 'REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS", SECTION 3,1.1(B), "CONCURRENCY", TO PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC SCHOOL CONCURRENCY AMENDMENT; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.3(A), "STANDARD APPLICATION ITEMS", PROVIDING FOR A COMPLETED SCHOOL CONCURRENCY APPLICA- TION AS A STANDARD APPLICATION ITEM; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY. JULY 2. 2002. AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Flodda. If the proposed ordinance is passed on first reading, a second Public Headng will be held on TUESDAY, JULY 16, 2002. AT 7:00 P.M. (or at any continuation of such meeting, which is Set by the Commission). All interested citizens are invi{ed to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these heatings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, De|ray Beach, Florida 33444 (e-mall at D~mail~delrevDlannin_o.oro~ or by calling 561-243-7040, between th~)-hours of 8:0-0 A.M. and 5:00 P.M., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION-MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'I'I'ER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT ^ VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Sun-Sentinel News CITY OF DELRAY BEACH Monday, June 24, 2002 BARBARA GARITO, CMC Wednesday, July 10, 2002 CITY CLERK L CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 3.1.1(B) AND SECTION 2.4.3(A) TO ADD PUBLIC SCHOOL CONCURRENCY AS A REQUIRED FINDING AND TO MODIFY SUBMISSION REQUIREMENTS The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 26-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELR^Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 3.1, "REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS", SECTION 3.1.1(B), "CONCURRENCY", TO PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC SCHOOL CONCURRENCY AMENDMENT; AMENDING ARTICLE ,2/4, "GENERAL PROCEDURES", ,SECTION 2.4.3(A), STANDARD APPLICATION ITEMS, PROVIDING FOR A COMPLETED, SCHOOL CONCURRENCY APPLICA- 'PION AS A STANDARD APPLICATION ITEM; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY. JULY 2. 2002. AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Flodda. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. JULY 16. 2002, AT 7:00 P.M. (or at any continuation of such meeting, which is set by the Commission). All interested citizens are invited to ~ttend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (e-mail at t)zmail@delray_Dlannin_~.or_o} or by calling 561-243-7040, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY' COMMISSION WITH RESPECT TO ANY MAq-I'ER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED .'to ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH. RECORD. PURSUANT TO F.S. 286.0105. ~ PUBLISH: Sun-Sentinel News CITY OF DELRAY BEACH -- Monday, Jun6 24, 2002 BARBARA GARITO, CMC ~ Wednesday, July 10, 2002 CITY CLERK % WEDNF_qr)A¥, JULY 10, 2002 ,, ,~ FLORIDA SUN-SENTINEL MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #'"q\'() ~ - REGULAR MEETING OF JULY 16, 2002 ORDINANCE NO. 26-02 (AMENDING LDR SECTIONS 3.1.1{B) AND 2.4.3(A)(9)) MARCH 1, 2002 This ordinance is before Commission for second reading and second public hearing to amend Land Development Regulations (LDR) Sections 3.1.103) and 2.4.3(A)(9) implementing public school concurrency into the development review process. This amendment is being processed to be compliant with the terms of Comprehensive Plan Amendment 2001-03, relating to school concurrency which created a new Public Schools Facilities Element, and revisions to the Capital Improvement Element to include the Palm Beach County School District's adopted Five-Year Capital Facilities Plan. The interlocal agreement requires all participating municipalities to amend their Land Development Regulations to add public school concurrency into the development review process. The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony. After reviewing this amendment, the Board voted 5-0 to recommend to the City Commission approval of the proposed amendment, based upon positive findings with respect to LDR Section 2.4.5(M), and that the amendment is consistent with and furthers the goals, objectives, and policies of the City's Comprehensive Plan. At the first reacting on July 2, 2002, The City Commission passed the Ordinance No. 26-02. Recommend approval of Ordinance No. 26-02 on second and final reading. S:\City Clerk\chevelle folder\agenda memo~\Ord.26.0Z07.16.02 TO: THRU: FROM: SUBJECT: CiTy'COMMI'~S!ON i~OcuMENTA¥10N '" DAVID T. HARDEN, CITY MANAGER ~**~c~ ~' DAN MARFINO, PRINCIPAL PLANNER-~/.,,/~,~ - ~ ~ MEETING OF JULY 2, 2002 *CONSENT AGENDA*~-~, REGULATIONS SECTION 3.1.1(B) AND SECTION 2.4.3(A)(9) TO ADD PUBLIC SCHOOL CONCURRENCY AS A REQUIRED FINDING AND TO MODIFY At its meeting of December 11, 2001, the City Commission adopted Comprehensive Plan Amendment 2001-03, relating to school concurrency. This amendment included the creation of a new Public Schools Facilities Element, and revisions to the ex~sting Capital Improvement Element to include the School Districts adopted F~ve-Year Capital Facd~bes Plan. The context of the amendment was adopted by 25 other municipalities, and the County pursuant to an interlocal agreement adopted by the City Commission at their meeting of October 3, 2000. The interlocal agreement requires that all participating municipalities amend their land development regulabons in order to ~mplement the terms of the interlocal agreement and the goals, objectives and policies of the adopted comprehenswe plan. This amendment is being processed in order to make the necessary changes to the Land Development Regulations to implement public school concurrency into the development review process Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent w~th and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As the proposed text amendments incorporate school concurrency into the development review process, it is consistent and furthers Comprehensive Plan Policies' B-2 1, B-2.2, and B-2.3 of the Future Land Use Element, A-3.6 and Table CI-GOP-1 of the Capital Improvement Element These pohcies and table estabhsh Concurrency for specific services and facdibes, as a required development review item Similarly, the text change also furthers and supports Public Schools Facilities Element Objective A-l, and Polices A-1.1 & A-1 4, which establish the (LOS) level of service for public schools 'PLANNING :AND ZOi~i!NG B~RD'C~$1DEP'~'TION "'"" ' ...... '1 At its meebng of June 17, 2002, the Planning and Zoning Board considered the request at a public hearing There was no public comment concerning the proposed amendment After reviewing the staff report and discussion, the Board voted 5 to 0 (Sowards and Krall absent), to recommend approval. By motion, approve the attached amendments to the LDR Sections 3.1 I(B) and 2.4 3(A)(9) , based upon positive findings with LDR Section 2.4.5(M), and that the amendment ~s consistent with and furthers, the goals objectives and pohcies of the City's Comprehensive Plan. Attachment' · Proposed Amendments · Amendment Ordinance · P & Z Staff Report of June 17, 2002. S ~ P&Z~boards~c~tycommlssionV_DR SC CCDoc doc ORDINANCE NO. 26-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 3.1, "REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS", SECTION 3.1.1 (B), "CONCURRENCY", TO PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC SCHOOL CONCURRENCY AMENDMENT; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.3(A), "STANDARD APPLICATION ITEMS", PROVIDING FOR A COMPLETED SCHOOL CONCURRENCY APPLICATION AS A STANDARD APPLICATION ITEM; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 17, 2002, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. WHEREAS, Section 163.3180(13), Florida Statutes, authorizes Palm Beach County and the municipalities, unless exempt under sub-section 163.3180(13)(f) 1., Florida Statutes, to adopt a school concurrency program; and WHEREAS, Section 163.3180(13), Florida Statutes, requires that prior to establishing a school concurrency program, Palm Beach County, the affected municipalities and the Palm Beach County School Board adopt an Interlocal Agreement for school concurrency to satisfy Section 163.3177(6)(h)1 and 2, Florida Statutes, and WHEREAS, such an Interlocal Agreement was entered into by Palm Beach County, the Palm Beach County School Board, the City of Delxay Beach and twenty-five (25) other Palm Beach County municipalities; and WHEREAS, pursuant to the ten'ns of the Inteflocal Agreement, Palm Beach County and all twenty-six (26) municipalities have adopted certain Comprehensive Plan amendments; and WHEREAS, pursuant to the terms of the Inteflocal Agreement, the City of Delray Beach has adopted Comprehensive Plan Amendment 2001-03 to comply with its Agreement; and WHEREAS, the Inteflocal Agreement further requires that all participants amend their land development regulations to implement the terms of the Interlocal Agreement and their adopted Comprehensive Plans; and WHEREAS, the City is hereby mending its Code of Ordinances to provide for the implementation of the Public School Concurrency Amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF. I JRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 3.1, "Required Findings for Land Use and Land Development Applications", Section 3.1.1 (B), "Concurrency" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Concurrency.: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Section 2: That Article 2.4, "General Procedures", Section 2.4.3 (A), "Standard Application Items", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Standard A_~tflication Items: Every application for a development approval shall contain the following items: (1) A completed application form, appropriate for the development approval which is sought, as provided by the Director. (2) A copy of the latest warranty deed, as recorded with the County clerk, for all the property under consideration, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein. 2 ORD. NO. 26-02 (3) If the applicant is other than a single person owner, the written consent of the owner(s) must be provided in a certified form. When an application is executed on behalf of a corporation or a business entity, documentation must be provided which demonstrates that the corporation's representative is authorized to act on behalf of the corporation. (4) A vicinity map which clearly shows the subject property, adjacent properties, and their relationship to streets located within one-half mile of the property. (5) A survey or plat which shows the property described pursuant to the legal description contained in the warranty deed required in subsection (2), above. Such survey or plat shall show all improvements on the property and must be certified as reflecting conditions on the site as they existed within six (6) months prior to the filing of the application. (6) For all items which involve a public hearing which must be noticed by letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1)(m). (7) Copy of a letter of notification to utility providers to which a copy of the site plan or plat is provided. (Standard form letter provided by the city). [Reference 2.4.2(C)(2)(a)]. (8) Payment of the appropriate processing fee. See Section 2.4.3(14[) for the fee schedule. (9) A completed "School District of Palm Beach County - School Concurrency. Application and Service Provider Form", and a check or money order for the appropriate fee. made payable to: The School District of Palm Beach County. This is required for all projects which include residential dwellm~ units. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. ORD. NO. 26-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2002. ATYEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 26-02 C~ty Commission Documentation Meeting of July 2, 2002 LDR Amendment- Section 3 1.1 (B) (Concurrency) and Secbon 2 4 3 (A) (Standard Application Items) Page 2 PROPOSED AMENDMENTS ARTICLE 3.1 REC~UIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS Section3.1.1 Required Findinqs: Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or m~nutes. Findings shall be made by the body which has the authority to approve or deny the development application. (B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development applicabon will not exceed the ability of the City and The School District of Palm Beach to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-G©P-1 of the adopted Comprehensive Plan of the City of Delray Beach. Section 2.4.3 Submission Requirements This Section sets forth items which are to accompany an application for development approval. These requirements may be waived when, on a case by case bas~s, the Planning and Zoning Director finds that such material is not relevant or necessary to fully analyze or make a determination relative to an application. The Director may also require submission of additional information as set forth herein. (A) Standard Application Items: Every application for a development approval shall contain the following items' (9) A completed "School District of Palm Beach County - School Concurrency Application and Service Provider Form", and a check or money order for the appropriate fee, made payable to: The School District of Palm Beach County This is required for all projects which include residential dwellinq units. P&Z Board Staff Report LDR Amendment- Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items) Page 5 PROPOSED ORDINANCE ARTICLE 3.1 REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS Section 3.1.1 Required Findinqs: Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. (B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Section 2.4.3 Submission Requirements This Section sets forth items which are to accompany an application for development approval. These requirements may be waived when, on a case by case basis, the Planning and Zoning Director finds that such material is not relevant or necessary to fully analyze or make a determination relative to an application. The Director may also require submission of additional information as set forth herein. (A) Standard Application Items: approval shall contain the following items: Every application for a development (9) A completed "School District of Palm Beach County - School Concurrency Application and Service Provider Form", and a check or money order for the appropriate fee, made payable to: The School District of Palm Beach County. This is required for all proiects which include residential dwellinq units. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JUNE 17, 2002 AGENDA ITEM: IV.F. - AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS SECTION 3.1.1(B) AND SECTION 2.4.3(A)(9) TO ADD PUBLIC SCHOOL CONCURRENCY AS A REQUIRED FINDING AND TO MODIFY SUBMISSION REQUIREMENTS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) Section 3.1.1(B) and 2.4.3(A)(9) regarding the implementation of school concurrency, pursuant to Section 2.4.5 (M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND At its meeting of December 11, 2001, the City Commission adopted Comprehensive Plan Amendment 2001-03, relating to school concurrency. This amendment included the creation of a new Public Schools Facilities Element, and revisions to the existing Capital Improvement Element to include the School Districts adopted Five-Year Capital Facilities Plan. The context of the amendment was adopted by 25 other municipalities, and the County pursuant to an interlocal agreement adopted by the City Commission at their meeting of October 3, 2000. The interlocal agreement requires that all participating municipalities amend their land development regulations in order to implement the terms of the interlocal agreement and the goals, objectives and policies of the adopted comprehensive plan. This amendment is being processed in order to make the necessary changes to the Land Development Regulations to implement public school concurrency into the development review process. LDR TEXT AMENDMENT ANALYSIS Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The following objectives and policies of the City's adopted Comprehensive Plan establish Concurrency for specific services and facilities, as a required development review item: IV.F. P&Z Board Staff Report LDR Amendment- Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items) Page 2 FUTURE LAND USE ELEMENT Objective B-2 Facilities and services which are provided by, or through, the City of Delray Beach shall be provided to new development concurrent with issuance of a Certificate of Occupancy pursuant to the following policies. Policy B-2.1 Services and facilities shall be provided pursuant to the levels of service as established elsewhere in this Plan, concurrent with occupancy... For streets, drainage, and other facilities concurrency shall be determined by the following: the improvement is in place prior to issuance of the occupancy permit; the improvement is bonded, as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; the improvement is a part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Policy B-2.2 As a part of the City's Concurrency Management System, prior to issuance of any certificate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. Policy B-2.3 Prior to recommending approval of any land use application which comes before it, the Local Planning Agency, or appropriate approving body, must make a finding of consistency with this objective and its supporting policies. If such a finding cannot be made, either conditions shall be made which provide for concurrency or the land use request shall be denied. CAPITAL IMPROVEMENT ELEMENT PolicyA-3.6 The City of Delray Beach hereby adopts the Level of Service (LOS) standards as set forth in Table CI-GOP-1 as the mandatory levels of service for public facilities within the City's Municipal Boundaries and Planning Area. * Table CI-GOP-1 refers to the Public Schools Facilities Element to establish a level of service (LOS) for public schools. In addition, the following objectives and policies of the City's adopted Comprehensive Plan establish the required level of service (LOS) for public schools: PUBLIC SCHOOLS FACILITIES ELEMENT Objective A-1 Level of Service To ensure that the capacity of schools is sufficient to support student growth at the adopted level of service standard for each year of the five- year planning period and through the long term planning period. Policy A-1.1: The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory P&Z Board Staff Report LDR Amendment - Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items) Page 3 of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the.subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Policy A-'I.4: The adopted LOS standard shall become applicable to the entire County at the beginning of the 2004-05 school year, by which time the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim, Table A-1.1 establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not be allowed to exceed the utilization standards for that school type as shown in the Maximum Utilization Table of this element (Table A- 1.2). The first change to Article 3.1 (Required Findings for Land Development Applications), Section B (Concurrency), adds the necessary language which establishes that a positive finding for public school concurrency must be made for all applicable land use actions. The second change to Section 2.4.3 (Submission Requirements), Sub-section A (Standard Application Items), will be modified to add a new subsection (9), which will require a completed School District of Palm Beach County - School Concurrency Application and Service Provider Form, be provided at the time of submission of development proposals which include residential units. This form is reviewed by the School District, which responds within 15 days of submission of the application with their findings. All projects located within the City Transportation Concurrency Exception Area (TCEA) are exempt from this requirement, up to the extent of the total number of dwelling units approved for the TCEA. As the proposed text amendments incorporate school concurrency into the development review process, it furthers the above listed objectives and policies of the Comprehensive plan, and thus a positive finding with respect to LDR Section 2.4.5 (M)(5) can be made. P&Z Board Staff Report LDR Amendment - Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items) Page 4 RECOMMENDED ACTION By motion, recommend approval of the attached amendments to the LDR Sections 3.1.1(B) and 2.4.3(A)(9), based upon positive findings with LDF~ Section 2.4.5(M). That the amendment is consistant with and furthers, the goals objectives and policies of the City's Comprehensive Plan. Attachment: Proposed Amendment