HomeMy WebLinkAboutDocumentation_Regular_Tab 04B_12/14/2000 -----
MEMORA,NDUM � �
To: Village Council �
From: Michael Couzzo, Village Man�-g•
Date: December 4, 2000
Subject: Interlocal Agreement with Palm Beach County, the School District of Pa1m
Beach County, and Certain Pa1m Beach County Municipalities Establishing a
School Concurrency Program
Mr. Leo Noble, consultant for the Pa1m Beach County School District, will make a
presentation on the School Concurrency Program at the December 14th Village Council
meeting. Following his presentation, the Interlocal Agreement will be considered for
Council approval.
On October 20, 2000, I provided to you a memorandum with copies of the proposed
interlocal agreement and associated e�ibits. In that memorandum, I mentioned that the
County and eligible county municipalities must execute the agreement in order to
implement the School Concurrency Program. (Please bring to the December Council
meeting the documents on school concurrency I distributed to you with my October 20,
2000 memorandum.) The agreement draft you received appears to adequately address
' the concerns raised by the Pa1m Beach County League of Cities (See the memorandum
from John Corbett attached to my October 20, 2000 memorandum). To date 20 of the
required 26 municipalities have approved the agreement.
Village sta.ff and the Village Attorney have reviewed the agreement and associated
requirements. Staff recommends adoption of the enclosed resolution approving the
interlocal agreement and authorizing its execution by the Mayor.
Should you have any questions, please advise. �
RESOLUTION NO. 8-00/Ol
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
WITH PALM BEACH COUNTY, THE SCHOOL DISTRICT OF
PALM BEACH COUNTY, AND CERTAIN MUNICIPALITIES
OF PALM BEACH COUNTY ESTABLISHING A PUBLIC
SCHOOL CONCURRENCY PROGRAM AND AUTAORIZING THE
MAYOR OF THE VILLAGE OF TEQUESTA TO EXECUTE
THE APPROPRIATE DOCUMENTS ON BEHALF OF THE
VILLAGE.
WHEREAS, Section 163.01, Florida Statutes, Enables
Local Governments to Cooperate With Other Local
Governments and Public Agencies, Including School
Districts, to Provide Services and Facilities on a
Basis of Mutual Advantage, and to Enter Into an
Interlocal Agreement; and
WHEREAS, the County, the Municipalities, and the
School District Have Determined that the Safe,
Convenient, Orderly and Adequate Provision of
Public School Facilities is Essential to the
Health, Safety, and General Welfare of the Citizens
of Palm Beach County; and
WHEREAS, Section 163.3180(13), Florida Statutes,
Authorizes the County and the Municipalities to
Adopt a School Concurrency Program.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AS FOLLOWS:
Section l. An Interlocal Agreement With Palm
Beach County, the School District of Palm
Beach County, and certain municipalities of
Palm Beach County establishing a public school
concurrency program, attached hereto as
exhibit "A", and incorporated by reference as
a part of this Resolution, is hereby approved
and the Mayor of the Village is authorized to
execute the same on behalf of the Village.
�
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
, who moved its adoption. The motion
was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly
passed and adopted this 14 day of December, A.D.,
2000.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Joann Manganiello
Village Clerk
Word/Resolutions/School Concurrency
� .
Exhibit A � �
R2G�00 0808
1UH-6�'E�
PALM BEACH COUN'I'Y
INTERLOCAL AGREEMENT
° with
MUNICIPALITIES OF PALM BEACH COUN'.CY
and -
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
To Estab�ish
PUBLFC SCHOOL CONCURRENCY ..
!
TABLE OF CONTENTS
I. DEFII�FITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II. SCHOOL CONCURRENCY OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
A. Agreement to Establis6 Schoo! Concurrency . . . . . . . . . . . . . . . . . . . . . . . . . 10
B. Reqnired Concurrency Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. Spec'lfic ResponsibiliNes of the Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
III. CAPI'I'AL INiPROVEMENT PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
A. School District's Five-Year Capital Facitities Plan . . . . . . . . . . . . . . . . . . . . 14
B_ Ten and Twenty Year Work Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
C_ Transmittal .....................................................17
D . TAG Revie�v ....................................................17
E. FinatAdoption ..................................................18
F. . Material Amendment to the Schoo! District's Five-Year Capita! Faci[ities
Ptan -----------------••-•---......._..........._..---._......._18
G. Amend Comprehensive Plau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
IV. COMPREHENSNE PLAN AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I9
A. Process for Development and Adoption of Capital Improvenneats
EIement ..-------• ..............................................19
$_ Process for Development, Adoption and Amendment of the Public Schoo!
Facilities Element (PSFE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - . . . 20
-ii-
C. Intergovernmental Coordination Element . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
V. � SCHOOL CONCURRENCY PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
A. Commeneement of School Concurrency Program . . . . . . . . . . . . . . . . . . . . . 21
B . Concurrency Service Areas ........................................
C . LeveI of Service �I.OS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
D . Exemptions ...............................�..........._.........
E. Local Concurrency Imp[ementing Ordinance . . . . . . . . . . . . . . . . . . . . . . . . 26 �
F. School District Review of New Residential Development Proposals ....... 27
G . Te� of School Concurrency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
H . Suspension of Concurrency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
VI. MONITOR.ING .......................................................37
A. Establishment of the Technical Advisory Group (TAG) . . . . . . . . . . . . . . . . 3 J
B. PurposeoftheTAG ....................-•--•--.............------
C_ Membership of the TAG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
. D. Terms of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
� ,
E. Election of Chair and Organization Meeting . . . . . . . . . . . . . . . . . . . . . . . . . 39
F. Quorum and Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . 39
G. Meetings open to the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
H. Compensation ...................................................40
1. Staff Support for the TAG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
J. Managemeat Reports ................................-------......
K. Eurollment Reports ..............................................41
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L. Monitoring Reports ...............•...._.---................_....
M. Program Evaluation Report . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
N. Conflictoflnterest .......................•----......---..........43
VII. MEDIATION OF DISPUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
'VIII. CO�RDINATED PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
A. The Coordination of Planning and Sharing of Information . . . . . . . . . . . . . 45
B. Popuiation Projections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
C. Loca1 Government Data Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
D. School District Data Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
E. Muihplier Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
F. Proposals for Development, Redevelopment and Infrashvcture required to
Support Public School Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
G. SchoolSiting....----• ...........................................
H. School District Review of Future Land Use Element Ptan Amendments ... 54
IX. SPECIALPROVISIOI�IS ...--• .........................................55
A. Schoo! District Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��
B. Land Use Authority ..............................................56
C_ SpecificPerformance ........................................•---.57
X. ACTS OF GOD AND OTHER EXIGENT CIRCUMSTANCES BEYOND THE
CONTROL OF THE SCHOOL BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
X. STANDING AND THIRD PARTY BENEFICYARY RIGHTS . . . . . . . . . . . . . . . . 58
XI. AMENDMENT, WITHDRAWAL AND TERMYNATION . . . . . . . . . . . . . . . . . . . . 58
-iv-
A. Amending the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
B. Withdrawal from Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
C. Additional Participants . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
D. Termination of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
XIII. TEI�M OF THE AGREEM]�NT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
XIV. INDEMIYIFICATION OF PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
A. Hold Harmless ..................................................59 -
B. Third Party Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
XV. MULTIPLE ORIGINALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
XVI. EFFECTIVEDATEOFAGREENiENT ........---••--•-••--•---••••-••••61
A. Effective Immediately . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
B. Nullif cation of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
-v-
EXHIBITS
EXHIBIT A- Comprehensive Plaa Amendment Coordinated Review
Interlocal Agreement, October, 1993
EX�IT B- Implementing Ordinaace Elements
EXHIBIT C - Participation Agreement
EX�XT D- Student Generation Multiplier Table
E��IT E- Projected Units Table
H:�DATA\WP511DOC1CONCILtiCY�SECTIO��fNTERLOClIL1SWMD606C.�VPD.7t pp
-VI-
R2000 0°O$�uN_�zoaa
PALM BEACI3 COUI�I'I'Y
INTERLOCAL AGREEMENT
with �
THE MUNICIPALITIES OF PALM BEACI3 COUNTY
and
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
To Establish
PUBLIC SCAOOL CON�'URREI�ICY
An Interlocal Agreement between PALM BEACH .COUNTY (hereafter referred to as the
"COUI'�'I'Y"), operating through its BOARD OF COtTNTY COMMISSIONERS; those
municipalities who have execut�ed this Agreement (hereafter referred tc► singly as "MUNICIPALITY"
or coliectivety as `'MUNICIPAI.ITIES"); and The SCHOOL DISTRICT OF PALM BEACH
COLJI�i'TY (hereafter referred to as the "SCHOOL DISTRICT"), operating through the SCHOOL
�" BOAR.D OF PALM BEACH COUNTY (hereafter referred to as the "SCHOOL BOARD"):
WHEREAS, Section 163A 1, Florida Statutes, enables locai governments to cooperate with
other local govemtnents and public agencies, including school districts, to provide services and
facilities on a basis of mutual advantage, and to enter into an Interlocal Agreement; and
WHEREAS, the COLJNTY, the MUNICIPALITIES and the SCHOOL DISTRICT have
determined that the safe, convenient, orderly and adequate provision of public school facilities is
essential to the health, safety, and general welfare of the citizens of Palm Beach County; and
Pa�e 1 of 71
WHEREAS, in order to provide adequate pubtic school facilities in a timely manner and at
appmpriate lacations, the COUNTY, the MUNICII'AI-ITl.ES and SCHOOL DISTRICT have further
determined that it is necessary and appropriate for the entities to cooperate with each other to
etiminate ihe current deficit of permanent student starions, and to provide capacity for projected new
growth; and
WHEREAS, the COUNT�C, the MUNICFPAI and the SCHOOL DISTRICT recognize
that adequate revenue sources must be available to provide for the needed increase in pennanent
student stations; and
WHEREAS, the Local Govemment Comprehensive Plannuig and Land Development
Regulatian Act requires the COUNTY and the NItJ1�IICIPALITIES to adopt comprehensive plans
to guide and control future development; and
WHEREAS, Article IX, Sections 1 and 4 of the Florida Constitution require a uniform
system of free public schools on a counry-wide basis, and provide that each county shall constitute
a SCHOOL DISTRICT subject to supervision by the State Board of Education as provided by
general law; and
WHEREAS, Sections 235.193 and 235.194, Elorida Statutes, require the coordination of
planning between school districts and local govemments to ensure that the plans for the constiruction
and opening of public educational facitities are coordinated in time and p[ace with ptans for
residential development; and �
Pa�e 2 of 71
WHEREAS, Section 235.193, Florida Statutes, requires the general location of educational
facilities to be consistent with the COUNTY'S and the MLJATICIPALITIES' Camprehensive Plans;
and
WHEREAS, Section 235.193, Florida Statutes, requires the SCHOOL DISTRICT' to submit
plans for public educ�a.tional facilities t� the COUNI�C and the MLJNICIPALITIES and requires each
Iocal jurisdiction to deteunine the consistency of the plans with the effective Comprehensive Plan
and applicable land development regulations; and
WHEREAS, Section 1633177(6)(h), Florida Statutes, requires the COLTNTY and ttie
MLTNICiPALITIES to coord.inate the adopted local comprehensive plans with each other and the
plans of the SCHOOL DISTRICT; and
VJHEREAS, Section 163_3180(13), Florida Statutes, aathorizes the COUNTY and the
MUNICIPALITIES to adopt a school concufrency program; and
. WHEREAS, Section 1633I80(13)(g}, Florida State�tes, requires that prior to establishing a
school concurrency program, the COUNTY and the MUNICIPALITfES and the SCH�OL BOAR.D
adopt an interlocal agreement (hereafter referred to as the "AGREEIv�NT") for school concucrency
to satisfy Section163.3180 (12)(g)1, Ftorida Statutes, which wilt: establish a process by which they
shall agree and base their plans on consistent population projections; .coordinate and share
information relating to existing and planned public school facilities, projections and proposals for
development, and infrastructure reqnired for public schoot facilities; establish a planning process
that encourages the location of public schools proximate to urban residential areas and the
Pa�e 3 of 71
cotlocation of schoois with other public faciliEies to the extent possible; }ointly establish level of
service standards for public schools; estafilish a process for the preparateon, arriendment and jaint
approval of a financially feasible public school capitat facilities program; define the geographic
application of ooncumency; es-fablish criteria and standards for the establishment and modi.fication
of school conc�eucy selvice areas and i.noorporate the criteria and staaclands into the COUNTY and
MCJNICIpALTTTE.S comprehensive plans; establish a uniform d.istrict wide procedure for
implementing the school concurrency prograni that provides for the evaluarion of development
applications for comptiance with schoal concuzrency requirements; provide an opportunity for the
SCHOOf. DISTRICT to review and cotnment on the effect of comprehensive plau amendments and
rezonings on the public school facilities plan; and provide for the monitoring and evaluation of the
concurrency program_ The AGREEMENT shall also provide pmcedures for its amendment,
suspension, and termination.
-... ��IEREAS, the COUNTY, ihe MUNICIPALITIES and the SCI300L DISTR.ICT pursuant
to their vazious statutory responsibilities and powers, desire to establish joint procedures to establish
and imptement school concurrency; and
WHEREAS, the COLTM`Y and M[1NICIPALITIES, also known as the I.00AL
GOVERNMENTS, are entering into this AGREEMENT in reliance on the SCEi00L BOARD'S
committnent to prepare, �adopt and implement a financially feasible capital facilities program that
will result in all schools of each type in each CSA and each individual school operating at the
adopted level of service consistent with the timing specified in the SCHOOL DISTRICT's Five-
Page 4 oE 71
Year Capital Facilities Plan, and the SCHOOL BOARD'S further commitment to update and adopt
the plan ye�arly to add enough capacity in the new fifth year �o address projected growth and ta ad}�st
the plan in order to maintain the adopted levei of service and to attain maximum atilization of schooi
capacity pursuant to Section 163_3180 (13xc)2., Florida Statute� and
W]FiFRFAS �e SCHOOL DISTRICT opeisting through d�e SCHOOL BOARD, is entering
into this AGP� in reliance on the COUNTY'S and MUTiICII'ALITIES' commitinent to
adopt ameadntents to their local comprehensive plans to impose school concuirency as provided in
Section 163.3180 (I3), Florida Statutes; and -
NOW, THEREFORE, in order to acconzptish these goals and purposes, and in consideration
of the mutuai obligations and benefits the COUNTY, the MUIVICIPALITIES and the SCHOOL
DIS"I'RICf (hereinafter referred to collectively as "PARTIES" her�eby enter into this AGREEIvIENT_
_. I. _ DEFINITiONS
Capacity Projects — New school construction or any pro}ect that adds necessary
improvements to accommodate additional permanent student stations or core facilities needed for
the educational prograrn of each type of school based cr.. the requirements of State Requirements
for Educationa! Facilities (SREF)_.
Consistency - The condition of not being in conflict with and in fiutherance of the goals,
objectives and policies of the Comprehensive Plan Elements and this AGREEMENT_
Page 5 of 71
Conc�rrertcy Service Area (CSA) - The specific geographic unit within a SCHOOL
DIST�tICT in which school concurrency is applied and measured.
Concurrency Servi¢e Area Level of Service Standards - The maxiinum acceptable .
percentage of school utiliration as established in Section V. (C2.) below deteffiined by dividing the
total aumber of shuieuts for all schooLs of each type in each CSA by the total number of permanent -
student stations far that type of school in each CSA.
Core Facilities -The media center, cafeteria, toilet Facilities, and circulation space of an
educationaI pIant
Devetopment Order - As defined in Section 1633164(7), Florida Statutes.
Educationat Facilities - The buildings and equipment, structures, and speciai educational
use areas that are built, in.stalied, or established to serve educarional purposes only-
. Financiatly Feasible Facilities Plan - A p[an which demons�ates the ability to finance
-..- - capital.improvements from existing revenue sources and funding mechanisms to comect deficiencies
and meet future needs based on achieving and maintaining the adopted Level of Service for each year
of the five (5) year planning periad for all schools of each type in each CSA and individual
schoot, and for the lc,ng range planning period.
Florida Inventory of School Houses (FISH) - The report of tl�e capacity of existing
facilities_ The FISH capacity is the numher of students that may be housed in a facility (school) at
any given time based on using a percentage of the nuxnber of existing satisfactory studeat stations
and a designa[ed size for each program. In Palm Beach County, permanen[ capacity does not inciude
Page 6 of 71
the tese of relocatables unless they meet the standards for [ong term use pursuant to Section 235.061,
Florida Statutes. .
Inter Governmental Plan Amendment Review Committee (IPARC) - The interlocal
committee, established through the "Comprehensive Plan Amendment Coordinated Review
Int,erlocal Agreement, " dated October 1, 1993, which coordinates comprehensive plan amendment
re�+iew.
League of Cities - Palm Beach County League of-Cities, Inc. A not for-profit corporation
established to promote aud advance the coltective interest of Enunicipalities of Palm B"each County,
Florida_ -
Level of Service (LOS) - The measure of the utilization, expressed as a percentage, which
is the result of comparing the neimber of students with the sa.tisfactory student stations (FISH
capacity) at a given location or within a designated area (i.e_, a CSA), e.g_, a facility with 100Q
students and a FISH capaciry of 970, has a LOS of 103%. Also referred to as the utiliza.tion of a
facility.
Locat Governments - Palm Beach County and the MUNICIPALITIES.
Maximum Utilization of Capacity - Utilization of faeil�ties to ensure the adopted LOS for
all schools of each type in each CSA and each individual school is not exceeded_
Municipatities - Al! municipalities in Palm Beach County, except those tha� a.re exempt from
participating in the school concurrency prograrn, pursuant to Section 163_3180, Florida Statutes.
Page 7 o f 71
Pernianent Student Station - The floor area in a public school facility required to house a
student in an ins�uctional program-
Proposed New Residentiat. Development - Any application for residential development or
aunendment to a previously approved re,sidential develapment that increa.ses the number of housing
units. This shall include any request for any approval of the type that establishes�a densitY of �
developmcnt and which appr�ves a Site Specific Development Order on a specific paz+cel of pmpert.y_
Required Modernir.ations - A comprehensive upgra+ding of schoaLs ta `like ncw'schvol
s�andards, 'This requires a eomprehensive evaluation of schools which are 35 years old or older for
a determjtnation of the need for rehabilitation, remodeling or replacement of the facility.
Residentiai Development - Any development that is comprised in wizote, or part, of
dweliing units; for permanent human habitation_ ,
School Board - The goveming body of the SCHOOL DISTRICT', a body cocporate purst�t
to Section23021, Florida Statutes.
School District - The district for Palm Beach County created and existing pursuant to
Section 4, Article IX of the State Constitution_
Schoot District Five-Year Capitai Facilities Plan - The SCfi00L DISTRICT of.Palm
Beach Counry Five-Year Work Plan and Capita.l Budget as authorized by Section 235.I85 Florida
Statutes.
Page 8 of 71
School District of Palcn Beach County Six Year Capitat I�rnprovement Schedule - A
Tahle of e�cpenditures and revenues detailing how the School District shall aehieve and maintain the
Level of Service for public sehooi facilities.
� Site Specific Development Order - A Development Order issued by a Local Government
which establishes the density, or maximum density, and which approves a specific plan of
deveiopment on a!ot or lots pursuant to an application by or on behalf of an owner or contract
purcbaser, or initiateci by a Local Govecnment It may apply to a lot or lots under single ownership
or a group of lots under s�parate ownership_ It shall apply to all pancels or lots in their�ntirety taken
together of any subdivisio� It includes site specific rezonings, special exceptions, conditional uses,
special permits, master plan approvals, site plan approvals, piat approvals, building pemuts, and any
"Devetopment of Regional Impact" as defined in Section 380.06, F.S_ It may or may not authorize
the actual commencement of development_ Two (2) or more Development Orders which
individually do not constitute a Site Specific Development Order shall be considered a Site Specific
Development Order if when taken together they meet the definition of Site Specific Development
Order.
Type of School - Schools in the same categories of education, i.e_ elementary, middle or
high school_
Page 9 of 71
II. SCHOOL CONCUR.RENCY OVERVTEW
A„ Agreement to Establish School Concurrency
l.� The PARTIES desire to establish a public school concurrency system
consistent with the requirements of Section 163_3180, Florida Statutes.
2 - �e pAg.'�IE,S agree that the timely delivery of adequate pnblic school �
facilities at the adopted level of service requires close coordination among the PARTIFS at both the
land use planning and residential devetopment petIIUtting kevels. Further, the PARTIES agree �-
new school facilities should be ptanned for and provided in proximitY to those areas planned for
residential development or redevelopment Accordingly, to implement an effective school
concurrency sys[em that will ensure that the construcrion and openi.ng of public educazional facilities
are coord.inated in time and place with residential development concurrently with other necessary
. services, the PARTTES agree that the SCHOOL DISTRICT must be afforded the opportunity to
.- ",.. __ review and provide timely findings and recommendations to the COUNTY and the
MLJMCIPALITIES on proposed amendments to their respective Comprehensive Plans and on all
applications for development orders which will have an impact on school capacity and the SCHOOL
DISTRICT's Five-Year Capital Facili*ies Plan.
3. The PARTIES agree that in order to provide future public school facilities in
a timely manner at appropriate locations, residential dev,elopment orders issued by the COUNTY and
by each IvILTNICIPALITY shall be issued and conditioned upon the availability of public schooi
facilities at the Levei of service specified in this AGREEMENT concurrent wi[h the impact of such
Pa�e 10 of 71
deve[opment. A determination that schoo( capacity is avaitable before issuance of a developrrtent
order, consistent with the level of service standard, hereafter referred to as "concurreney", shall be
based upon the adoption of a Pubtic School Facilities Etement into the COCINT�'s and
Mi.JNICIPALITIES' comprehensive plans that is consistent with the SCHOOL DISTRICT's Five-
Year Ca.pital Facilities Plan and which shall be implemented by an implementing ordinance adopted
by each Iocal government party consistent with Section V. E. below.
B. �2equired Concur-i-ency Etements
Comprehensive Plan Amendments - Within one year of this agreem�nt becoming
effective, the LOCAL GOVERNMENTS agree to adopt the following comQrehensive plan
amendments which shall be consistent with each other as required in Section 163_3180, Florida
Statutes:
1_ Amend its comprehensive plan to add a Public Schools Facilities Element
.(PSFE�_ cpnsistent with the requirements of Section 163.3180, Florida Statutes, and this
AGREEMENT_
2_ Amend its Lntergovemmental Coordination E[ement as required by Section
I 63.3177(6)(h)1 _ and 2., Florida Statutes, and this AGREEMENT_
3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year
Capital Improvement Schedule" which is in the SCHOOL DISTRICT'S Five-Year Capital Facilities
Ptan into its adopted Capital Improvement Element and update that Schedule consistent with the
updated and adopted SCHOOL DISTRICT's Fi�•e-Year Capital Facilities Plan in order [o set foRh
Paje ll of 71
a ftnancially feasible public schaol capital facilities plan, consistent with the adopted Level of
Service Standards for public schools.
C. Spec'c Responsibilities of the Parties
1. When the comprehensive plan amendments adopted in accordance with
Section II.B become effective, the COUNZ`Y AND MLJNICIPALITIES agree to undertake the
following activities:
(a) Un1eSS electing ta be bound by the COUNT�C implemeating ordinanc:�,
each MUNICIPALITY shall adopt an implementing ordinan:ce consistenc with the time frame in
Secrion V.E_ 1_ and the requirements of the basic fr�amework contained in Exhibit B, the requirements
of this AGREEMENT, and the LOCAL GOVEKNMENT comprehensive plan.
(b} Once the School Concurrency Prograni commences, not issue any site �
specific development orders for new residential units until the SCH04L DISTRICT has reported
that there is school capacity available to serve the development being approved consistent with the
requirements of this AGREEMENT.
(c) Coordinate planning with the SCHOOL DISTRICT regarding
population projections, school siting, projections of development and redevelopment for the coming
year, infrastructure required to support public school facilities, and amendments to future land use
plan elements coasistent with the requirements of this AGREEMENT_
2. By entering into this Interlocal AGREEMENT, the SCHOOL DISTRICT
agrees to undertal:e the following activi[ies:
Page 12 oE 71
(a) Pregare and update yearly a financially feasible Five-Year Capita[
Facilities Pian containing enough capacity each yeaz' to meet projected growch in demand for student
stations so that ali schools af each tYPe in each Concwrrency Service � and each individval school
does not exceed the adopted level of service for each year, consistent with the requirements of this
AGREEMENT_ �
(b) Institute Prog�"am and/or bounclary adjustments as necessar�' to
ma��ir�� utilization of capacity in order to enseire that all sc�.00Ls of each type in each Conceurency
Service A.rea and each individual school operate at the adopted levei of service, consistent with the
requirements of this AGREEMENI'.
(c) Implement the SCHOOL DISTRICT's Five-IFear Capital Facilities
Plan by constnicting the ca.pacity enhancing and modemi2ation projects in that program consistent
with the timing specified in the prograrn_
.� (d} Provide the COUNTY and MLJNICIPALITTES with the required data
and analysis updated annually to support the comprehensive plan elements and any amendments
i relating to school concurrency_
,
(e) Adopt a ten and twenty year wark program consistent with tI?e
; requirements of this AGREEMENT_
(� Maintain and publish data required in Section VIII for the review of
proposed �new residential development_
Page 13 of 71
(g) Review applications for proposed new residential developments for
compliance with c,ancurrency standards, consistent with the requirements of this AGRF•EMENIT.
(h) Review mitigation proposals consistent with the requirements of this
AGREEMEI�fT.
(i) Prepare reports on enrollment and capacity, consistent with the
requirements of this AGREEM�"NT-
(j) Provide s��z�etarial staffsnpport for meeting ofthe TechnicalAdvisory
Group aud all other District generated reports established by this AGREF.IvIENT.
(k} Coordinate planning with the COUNTY and MUI�IICIPALITIFS
regarding population projections, school siting, projections of development and redevelopment for
�e �o�ing year, infrastructure required to support public school facilicies, and amendments to future
land use plan elements consistent with the requirements of this AGREEMENT_
III . CAPITAL IMPROVEMENT PI..AN .
A. School DistricYs Five-Year Capital Facilities Plan
1. On or before September 15 of each year, the SCHOOL BOARD sha11 adop�
and update the SCHOOL DISTRICT's Five-Year Capital Facilities Plan for public schools in Palm
Bea.ch County_
Page 14 of 71
2. T'he SCHOOL DISTRICT's Five-Year Capital Facilities Plan shall specify
all new cons�uction, remodeling or renovation projects which will acfd permanent FISH capacity or
modernize existing facilities.
3. The SCHOOL DISTRICT Five-Year Capital Facilities Plan shall constitute
a financially feasible program of school constr�iction for a five (S) year period which adds su�cient
FISH capacity to achieve and mai.ntain the adopted LOS yearly for all schooLs of each type in each
concurrency service area and each individua.t school based on projected increases in enrollment;
which provides for required modernization; and which satisfies the SCHOOL �ISTRICT's
constitutional obligation to provide a uniform system of free public schoois on a county-wide basis.
4_ The SCHOOL DISTRICT's Five-Year Capital Facilities Plan and each annuat
update shall include a description of each school projec[, the amount of money to be spent in each
fiscal year for the Qlaiuung, preparatioq land acquisition, and actual construction and renovation of
each school project which adds FISH capacity or modecniT�es existing facilities; the amount of FISH
capacity added, if any; and a generalized location map for schools depicted in the SCHOOL
DISTRICT's Five-Year Capital Facilities Plan which will be built within each CSA consistent with
` the SCHOOL DISTRICT's current Educational PEant Survey and v��ith the Future Land Use Elements
of each MLJNICIPALITY's Comprehensive Plan and the COLTNTY's Comprehensive Plan.
5. Upon achieving the adopted Level of Service, the SCHOOL DISTRICT shat!
maintain,the adopted Level of Service standards a.ad ensure that schooi capacity shall be utilized to
the maximum exten[ possible District-wide. ��hen preparing tt�e SCHOOL DISTRICT's Five-Year
Page 1S of 71
Capital Faciiities Plan, the SCHOOL DISTRICT shall annual.ly institute necessary program anci/or
��c}ary adj�stments or provide additional capacity to ensure that all schools of each type in each
CSA and each individual school will operate at the adoptsd level of service (LOS) throughout the
Five year period.
6. 'Ihe SCHOOL DISTRICT's Fiv�Year Capital Facilities Plan and each annual �
update shall identify the praject�ed earallment, capacitY and utili�ation perceatage of all schooLs of
each type far each CSA and each individual school for each yeaz' of the Plan. The SCHOOL
DISTRICT sha11 annually update the CSA Tables and "The SCHOOL DISTRICT of Palm Beach
Coeuity Six Year Capital Improvement Schedule" when updating the SCHOOL DISTRICT's Five-
Year Capital Facilities Ptan.
7. The SCHOOL DISTRICT shall initiate the ne�cessary pro�ar►1 and/or
boundary adjustinents to reflect the new capacity for the schools thai are scheduled to be cons�cted
and opened for each year of the SCHOOL DISTRICT's Five-Year Capita.t Facilities Plan_ These
adjustments shall be consistent with the �g and ��Ysis provided in the CSA Tables of the
SCHOOL DISTRICT'S Five-Year Capital Facilities Plan_
B. Ten and Tweuty Year Work Program.
i
In addition to the adopted SCHOOL DISTRICT's Five-Year Capital Facilities Plan,
the SCHOOL DISTRICT shall annually adopt a ten year and a twenty year work pIan based upon
enrotlment projections and facility needs for the ten year and twenty year period_ It is recognizeci
Page 16 of 71
that the projections in the ten and twenty year tune frames are tentative and should be used ocily for
general planning purposes_
C. Transmittal.
The SCHOOL DISTRICT shall transmit copies of the progosed SCHOOL DISTFtICT
Five-Year Capital Fa,cilities Plaa aloag with data. and analysis nece.ssary to demonstrate the 5nancial
feasibility of the Progra�n, to the Technical Advisory Group (TAG), the MUNICIPALITIFS and
COUNTY on or before May 3I of each year commencing after the effective date of this
AGREEMENT.
D. TAG Review
1_ By June 30 of each year, the Technical Advisory Group (TAG) established
in Section VI of this agreement shall review the proposed SCHOOL DISTRICT Five-Year Capital
Facilities Program and report to the SCF-�OOL BOARD, the COt1NTY, and the MUNICIPALITIES
;.on whether pr not the proposed SCH40L DiSTRICT's Five-Year Capital Facilities Plan maintains
the adopted Level of Service by adding enough projects to increase the FISH capacity to eliminate
any permanent student station shortfalls; by including required modemization of existing faciiities;
and by providing permanent student stations for the projected growth in enrollment over each of the
five (5) years covered by the Plan_
Page 17 of 71
E. Fiaat Adoptiou_
Uxtless it is delayed by mediation or a Iawful challenge, the SCI�O�L BOARD shall
adopt the SCHOOL DISTRICT's Five-Year Capital Facilities Plan and it shall become effective no
later than September 15th of each year_
F. Material Ameudment to the Srhool District's Fivc-Year Capital=Facilities Plan.
1_ The SCH04L BOAl2D shall not am�d the SCHOOL DISTRICT Capital
Facilities Program so as to modify, delay or detete any project in. the first three (3) years of the
Program unless the SCHOOL BOARD determines by written findings, with the concurrence of at
least five Board members:
(a) That the modific�rion, 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) That the modification, delay or deletion of a project is occasioned by
unanticipated change in poputation projections or growth patteras or is required in order to provide
needed capacity in a location that has a current greater need than the oaginally planned location and
does not cause thz adopted LOS to be exceeded in the CSA from which the originally planned
project is modified, delayed or deleted_
G_ Amend Comprehensive Plan
� Once the SCHOOL DISTRICT's Five-Year Capital Facilities Plan, che annual
update, or anv material amendment has been adopted by the SCHOOL BOARD, the COUNTY and
Page 18 of 71
MUMCIPALITIES shall amend "The SCHOOL DISTRICT of Palm Beach County Six Year Capitat
Improvement Schedule" of the Capital Improvement Element of their Comprehensive Plans to
include-the changes in their next round of amendments.
N. COMPREHENSIVE PLAN AMENDNI�NTS �
A. Process for Development and Adoption of Capital Improvements Element
1. The SCHOOL• DISTRICT shatl prepare and the COLJNTY and the
MU1vICIPALTITES shall adopt into the Capital Improvements Element of their compiehensive plan
"The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule"of the
SCHOOL DISTRICT's Five-Year Capital Facilities Pian set forth in Section III, in this
AGREEMENT.
2. The COUNTY and MUNICIPALI`I'IES, by adopting "The SCHOOL
_ DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" in the Capital
Improvements Element of the LOCAL GOVERNMENT''s Comprehensive Plan, shatt have no
obligation nor responsibility for funding the SCHOOL DISTRICT's Five-Year Capital Faci(ities
Plan.
3. The procedures for the annual update and amendment of the [ocal
government's public school capital facilities prograrn in its Capital ImQrovements Element is set
forth in Section III of this AGREEMENT.
Page 19 of 71
B. Proeess for Development, Adoption and Amendment of the Public School
Facilities Element (PSFE).
1. The COtTNTY and MUNICIPALIT�S shall adopt a Public School Facilities
Element which is consistent with this AGREEMII�I'I' and Rule 9J-5.025, F.A.C. The COUNTY and
MUNICIpALTI'IES shal! notify TAG when this element is adopted and when the element becomes
effective.
2_ In the event it becomes necessary to amend the PSFE, priar to traiismitting
the ainendment to the Deparnnent of Community Affairs pursuant to Section 1633184, Florida
Statutes, the local government wishing to initiate an amendment shall request review through the
Intergovernmental Plan Amendment Review Committee (IPA.R.C) itn accordance with the
"Comprehensive Plan A.mendment Coordinated Revievu�' Interlocal Agreement dated October 1,
1993, attached as Exhibit A to this AGREEMENT_ The IPAR.0 Clearinghouse shall be responsible
for disfributing the amendment to all PA.R.TIFS to this AGREEMENT that are participants in the
Comprehensive Plan Amendment Coordinated Review Interlocal Agreement for review and
comment.
(a ) If all local governrnents agree to the amendment, they shall adopt the
amendment in accordance with the state.itory procedures for amending comprehensive plans_
(b ) If any local government does not agree [o the amendment, and the
issues cannot be resolved between or among the PARTIES, the issue shall be referred to mediation
Page 20 of 71
in accordance with Section VII of this agreement In such a case, the PARTIES, agree not to adopt
the amendment until the mediation process is completed.
3. Any local issues not specifically required bY Statute or Rule in the Public
School Facilities Element may be inciuded or modified in the I-ocal Government Pttblic School
Facilities Element by following the norma! Comprehensive Plan amendment process. �
C. Intergovemmeatal Coordination Element
The process for the developm�nnnt, adoption, and amendment of the Intergovernmental
Coordination Element shal! be that set forth in Section 1633184, Florida Statutes.
V. SCHOOL CONCURRENCY PROGRAM
A. Commencement of Schoal Conc�rrency Program
� The School Concurrency Progratn described in this Article shall c�mmence ninety
(90) days"after the effective date of the last required LOCAL GOVERNMENT comprehensive plan
elements required for schoo! concurrency.
B. Concurrency Service Areas_
1_ The PARTIES hereby agree that School Concurrency shall be measured and
applied on the basis of twenty-one (21) Concurrency Service Areas (CSA's) as described in the
Public School Facilities Etement
Page 21 of 71
2. The COUNTY and MCJNICIPALITIES agree to incorporate and adopc these
CSA's and the stazidards for the modification af the CSA's as established below into the local
gove�nment comprehensive plans_
3_ Any pARTY may pro�ose a change to the CSA boundazies_ Prior to
adopting any change, the SCHOOL DISTRICT verify as a result of the change that: -
(a} Adopted level of service standards will be aclueved aad maintained
for each year of the five year planning -geriod; and -
(b) The utilization of school capacity is maximized to the gireaiest extent
possibte. taking into account transportation costs, court approved desegregation plans and other
relevant factors.
4_ The PEIRTIES shall observe the following process for modifying CSA's_
(a) At such time as the SCHOOL DISTRICT detemiuies that the change
is appropriate considering the above standards, they shall ��smit the proposed CSA's and data and
analysis to support the changes to the MiINICIPALITIES, to che COUNTY and to TAG.
(b) COUNTY, MUNICIPALITIES and TAG shalL review the proposed
amendment and send their comments to the SCHOOL BOARD within 60 days of receipt.
(c) In the event there is no objection, the local govemments shall amend
their plans to reflect the changes to the CSA boundaries in their next amendment round_
� (d) The change to the CSA boundary shall become e[�ective on the
effective date of the last tocal govemment plan amendment adoptin� [he change.
Page 22 of 71
C. Level of Service (LOS)
Ta enstire ttte capacity of schools is sizfficient to suppott student growth at the
adopted level of setvice for each year of the five year planning period and through the long term
planning period, for each CSA, the PARTIES hereby establish the LOS as set forth below. The.
actual LOS (utitization) for aIi schools of each type in each CSA and each individual school shall
be established each year by the first student couut of the second semester.
1. Tiered Levels of Service shall be in force pursuant to the Tiered Level of
Service Table in the Public School Facilities Element until August 1, 2004. Individnal schools of
each type may exceed the Tiered LOS during the period in which Tiered LOS are in effect, provided
that the CSA's Tiered LOS is not exceeded. However, each individual school's LOS which exceeds
the Tiered LOS, during the time that the Tiered LOS is in effect, shall not exceed the utitization
standards for that school type as shown in the Maxirrium Utilization Table of the Public School
Facitities Element. During the time that the Tiered Levet of Service Standazd is in effect, the
SCHOOL DISTRICT shall initiate necessary program and/or boundary adjustrnents so that the tiered
LOS is not exceeded in each CSA.
2. After August l, 2004, the foltowing level of service (LOS) standards shall
be established for al( schools of each Cype within each CSA and each individua! school:
(a) 110 percent of capacity (utilization) as determined by the Florida
Inventory of School Houses (FISI�; or
Page 23 of 71
(b) Up to 120 percent of FISH capacity (utilization/LOS) (test two), for
individuai schools subject to the results of School Capacity Study (SCS) undertaken by TAG, in
consuttation with all LOC.AL GOVE;F�NMENTS having jurisdiction within the CSA and the
SCHOOL DISTRICT, to determine if a particular school can operate in excess of 110% capa,city_
The SCS shall be reqnired if a school in the first student count of the second semester reaches 108
percent or above of FISH capacity, once the Level of 3ervice in V, B.2. above is achieved.
3_ The School Capa�city Study (SCS) shall determine if the growth rate within
each CSA, causing a particular school to exc,eed 110 percent of capacity, is temporary �or reflects au
ongoigg trend affecting the LOS for the Five year planning period_ At a minunum, the study shall
consider:
(a) Demographics in the school's CSA; and
(b) Student population trends; and
(c) Real estate trends, e.g_ existing redevelopment and new
redeveiopment; and
(d) Teacherlstudent ratios; and
(e) Core facility capacity_
If the SCS concludes that the school can operate withir► the FISEi guidelines and not exceed
120% LOS (utilization), then that school shall be considered to be operating within the adopted LOS
and the CSA Level of Service shall be amended and the Local govemment comprehensive plans shall
be amended in the next round of amendments to reflect this additional capacity_
Page 24 of 71
4. Any PARTY to this AGREEMEI�T may request a School Capacity Study
(SCS} based on the criteria provided in paragraph 3. above.
5. Any PARTY to this AGREEMEIVT may pr�opose to the TAG a modification
of the adopted LOS staadard at any time. Followi.ng a review and recommendation by TAG and
concurrence by at least 51 % of the LOCAL GOYERS�iMENTS to diis AGREEMENT and the
SGHOOL BOARD, the adopted LOS will be modified by addendum to this AGREEMENT, and
each LOCAL GOVEP�IMEN't shall amend its cnmpreh��sive plan to r�flflect this new LOS in the •
next round of amendments_
D. Eaemptions
1_ Single family tots of record, existing as such at the time School Concurrency
implementing ordinance is adopted, shall be exempt from Schooi Concurr����� requirements.
2. Any residential development or any other development with a residentiat
compon�nt that received final approval of a Site Specific Development Order prior to the
commencement date of schoot concurrency or is exempt from concurrency under a local
govemment's concurrency regulations is considered vested for that component which was previously
approved and shall not be considered as proposed new residential development for purposes of
school concurrency_
3. Any rcew Residential Development that has filed a complete application for
a site specific development order or any amendment to any previously approved site specific
Pa�e 25 of 71
development order pending prior ta the commencement date of the School Concurrency Program
shal! be exempt from the School Concurrency Requiremeuts_
4_ Any amendment to any previously approved residential developinent which
does not increase the density is exempt from school coacurrency.
g_ A,ny previoezsly approved residential developmcnt or aay other previously
approved development with a resideatial component located within any existing `TransPortatian
Concurrency Exception Area,' as defined in Section1633180(5), Florida Statutes, is eacempt from
school concurrency_
E. Local Concurrency Implementing Ordinance
Z_ Witkun ninety (90) days after the effective date of the last required LOCAL
GOVERNMENT'S adoption of the Comprehensive Plan Elements addressing school concurrency,
each local government shall adopt an ordinance regulating the issuance of development orders based
on the availabitity of public schools at the required Level oE Service. Ttus ordinance shall be
consistent with the components oudiued in Exhibit B and with the provisions of this AGREEMENT.
2. Ihe COUNTY shall adopt an ordinance which provides procedures for review
of municipal development orders and COUNTY unincorporated development orders.
(a) In the event that any parcicipating MUNIC[PAL[TY does not comply
� with E_ 1. above by adopting an ordinance consistent with fixhibit B and this AGREEMENT within
ninety (90) days of the effective date of the Comprehensive Plan Elements, that government shall
Page 26 of 71
be deerned to have "opted in" to the COLTNTY ordinance in E2. abbve and agrees to be bound by the
terms and provisions therein until it adopts its own ordinance_
(b) At any time any LOCAL GOVERNMENT may opt out of the
COUNTY's implementing ordinance through implementing its own ordinance consistent with the
requirements of Exhibit B.
F. School District Review of I�tew Residential Developmeut Proposals
The SCHOOL DISTRICT agrees to review and make school concu�trency
determinations, for a proposed residential development for which an application for a
order is �ubmitted. The review and determination are a four-part process which: a) accepts che
resiaenhal development application; b) calculates the development's projected students; c) compares
the development's sttidents to projected students within the Five-Year Capital Facilities Ptan for
Level.of Service; and c) issues a determination letter. The complete Development Review Process
shall be as follows:
1_ Intake Application - Requirements for Proposed Residential Development:
a) The request for a school concurrency detertnination for a proposed residential
development shall be submitted by either the applicant or the local government, whichever is
specified in the local government's concurrency ordinance_
b} The applicant of the proposed development shall provide the following:
location, the buitd out time frame, and the number, type and size of ali the residential units anticipated
to be occupied eacii calendar year.
Page 27 o F � 1
c) The SCHOOL DISTRICT agrees to log in by date and time stamp every
completed application and agrees that each appiication shall be processed in the order they are
received.
d) The SCHOOL DISTRICT agrees that it shatl review every application and
issue its determination to the applicant within. f�f�een (15) working days of receipt of the application,
e) The SCHOOL DISTRICT may charge the applieant a non-refundable
application fee payable to the SCHOOL DISTRICT to meet the cost of review.
2. Calculate Students - Conversion of Proposed Residential Units to Stud�nts:
To detecmir►e the proposed development's projected students, the proposed development's projected
number and type of residential units for each year shall be converted in.to projected students fac �3F
schools of each type within the specific CSA using the SCHOOL DISTR.ICT's Student Generaiia,� �
Multiplier as shown in EXHIBIT D of the this AGREEMENT_
3: Deternune Utilization - Analysis of Enrollment to Capacity for Five years:
The SCHOOL DIST�ZICT shall create a Development Revietiv Table (DR� (shown below) for each
CSA, and will use the DRT to compare the projected students from proposed residential
developments to the CSA's planned growth.. enrollment, capacity and u[ilization (LOS} over ihe Five
year period_ The Development Review Table produces a calculation of the Level of Service for each
school type in each CSA.
The Figures in the Development Review Table are explained below.
Page 28 of 71
Figures (1), (2) and (3) are numbers obtained fram the Cancurrency Service Area Tables (CSA) as
shown in the School District Five-Year Capita.l Facitities Plan. T�e Figures show ttte CSA's
projected 1) enrollment, 2) capacity and 3) utilization_
Figure (4} is the grojected aumber of new residential units in each CSA obtained from the annual
disaggregation of residential units c:ounty-wide, based on hiswric absorption rar,es. This is est�blished
from the Patm Beach County Projected Units Table, as shown in Exhibit E of tt�is AGREEMENT
as amended annualiy. -
Figure (5) is the number of students expected from projected new units (Fig.4} multiplied by the
student generation muitiplier based upon a three bedroom, two-bath house. The multiplier used is
the SCHOOL DISTRICT's Student Generation Multiplier Table - shown in Exhibit D of this
AGREEMENT.
Figure (6) is a list of the new residential developments in the order tha� each application is received
- within the ESA _
Figure (� is a list of the number of annual units expected from each residential developm�nt.
Figure (8) is the list of projected students from new residential development, calculated by type of
unit and by school level found in Lie SCHOOL DISTR[CT's Student Genera�ion Multiplier 7'able
shown in Exhibit D of this AGREEMENT_
Figure (9) is the total number of students per school type from the pmposed residen[ial developments.
Page 29 of 71
Figure (IO) is the number of students which is the difference between the total students from new
developments (Fig.9) subtracted from the expected projected students from new units (Fig.S). If the
number is positive, the level of service (Fig3) does not chauge_
Figure (I1) is the revised student enrollment by school type determined by the difference in (Fig_ 10)
if it is a negative number; that number of students shall be added to the projected student enrollment
(Fig.1).
Figure (12) represents the Level of SeFVice calculated and revised, if needed-
Figure {13) represents the development from adjacent an CSA (if required), recorded iri the arder that
each application is received.
Insert "Development Review Table" See page 30a Attached
Page 30 of 71
Development Review Table Example
For A Singl� Ycar
z
z Q �n � �
F- 2--� O w Q o O
� Z F- n- J Z Cn W aC C�
W F-- W � Z � V �� F
F-Z� �?- O tt� Z U�Z
YEAR �Q� ��n t= V � �Z�
0�-�-° v�� � w� ou��
� � � �o�
�N �a � o ? a �z
w Q- a E-- � E-
V � � n. _ �n
t�
Existing Proj. �--Y 2,849 2 3�'195� 3 89% 4 686 5 117
} q 22SF 4
� � g 100SF 17
Q � 6 C � 193SF 8 33
€' � p 20USF 34
Z � E 65SF 11
!IJ �
� > AQJaoeat .
a�
� p csa �
J � 13 � F - 90MF 5
[l„t °7 -
Z 11
9
New LOS 2.849 t 2 --�- 89% j 04
Remaining Student Avai[abitity �� � 14
Existing Proj_ 1 -� 1�185 2 '1,188 3 --� 100% 4 686 5 82
q 22SF 3
c B 100SF ' 12
°' 6 C 7 193SF 8 23
W E .
� n. p ZoasF 24
� E 65SF 8
Q a, �
Q � � � Adjacent
N
� p csA �
� 13 F 90MF 14
a�
Z � _
Plew LOS 1,187 12 -�►- 100°10
9 y 84
Remaining Sfucient Avaitability �� � >2
Existing Proj_ �-} 4,034 �-i► 4,150 3� 97% 4 686 S 158
A 22SF 5
c B 100S F 23
� 6 C - 7 193SF 8 44
= o D � 200SF 46
� a, � E 65SF 15
� Adjacent -
_ � -
� CSA
3 13 � F 90MF 14
a,
Z
11
f�lew LOS G,034 12 —�" 97 % 9 �- �48
Remaining Student Availability • 10 --� 10
t �LOC�OEvREv3C
3oa �f 7!
4_ The Three Year Rule
If the le�ret of service is exce�ded, and new capacity in the CSA will be in place ar
under actual construction ut the first three years of the School District's Five-Year Capital Facilities
program, t�e new capacity will be added to the capacity shown in Figure 2 ana the level of service
will be recalculated_
5. Adjacent CSA Capacity
(a) If the pmjected studeat gFOwth fr'°m �e residentiat development cavses
the adoptsd LOS to be exceeded in the Particular CSA and that type of school and cap�city exists in
one or more contiguous CSA's, the development shall receive a letter of deternnination of
con�urrency. In conducting the review, the SCHOOL DIST�LICT shall first usc 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
letter of determination of concurrency is issued.
(b) If a proposed new development in a CSA which has been used to
provide capacity for a development in an adjacent CSA causes the LOS to be exceeded, the
developcnent in the CSA Which used the adjacent CSA's capacity will be re-evaluated by using the
adjacent CSA with ttie next highest capacity until capacity has been identified or all adjacent CSAs
have been evaluated if there is capacity in an adjacent CSA, projected enrollment will be moved
from the originalty used CSA to the adjacent CSA with the next highest avaiiable capacity.
Page 31 of 71
(c) Example of Adjacent CSA Use
_ ..
CSA 18 CSA 17
Most capacity CSA 19
No capacity . CSA 2Q
2nd mosE cagacity CSA 21
(1) The development in CSA 20 was evaluated using the adjacent CSA
with the most capacity for high school students (CSA 19)_
(2} Later, a new development proposal in CSA 19 is submitted for
evalvation and there is not enough high school capacity in CSA 19, or adjacent CSA's 17 and 18.
(3} The previously approved development in CSA 20 will be re-evaluated
based on capacity in CSA 21. If the capacity exists in adjacent CSA 21 (2nd highest capacity), the
projected enrollment from the previous development in CSA 20 will be moved from CSA 19 and
added to CSA 21 _
(4) The development in CSA 19 will be re-evaluated based on the new data
for that CSA_
6_ Tssue Letter of Determination of Concurrency
Letter of Detemiination oF Concurrency shall be issued if the imgacts of the proposed
development's student growth does not cause the adopted Level of Service (or Tiered LOS) to be
exceeded, the Letter of Determination of Concurrency shall indicate the development to be in
. Page 32 of 71
compliance. If the development is not in compliance, the Letter of Determination of Concurrency
shal! detail why the development is not in compliance and shall offer the applicant the opportunity
to enter into the 9Q day negotiation period described below.
7. Mitigation
(a} Mitigation shall be allowed for those residential development proposals that
the SCHOOL DISTRICT determines cannot meet adopted level of service standards. The applicant
shall be allawed to enter a ninety (90).day aegotiation period with the SCHOOL DIST�ZICT in an
effort to mitigate the impact from the development Prior to the approval of the mitigation plan, the
local govemment shall have the opportur►ity to review the mitigation options which shall be limited
to those the SCHOOL DISTRICT recognizes and assumes the responsibility to operate, with the
excepcion of charter and pr�vate schools, and which wiil maintain the adopted level of service
standards for the first Five years from receipt of the school concurrency Determination L.etter.
Mitigation options must consider the SCHOOL DISTRICT's educatiortaI detivery methods an@
requirements, and the State Requirements for Educationa.l Facilit�es (S.R_E.F_) and may include:
(1) Donation of buildings for use as a primary or alternative
learning facilit} ; andJor
(2) Renovation of existing buildings for use as learning facilities;
or
(3) Construction of permanent student stations or core capacity_;
or
Page 33 of 71
(4) For schools contained in the adopted SCHOOL DISTRICT's
Five-Year Capital Facitities Plan only, upon agreement with the SCHOOL BOARD, the developer
may build the school in advance of the time set forth in the SCHOOL DISTRICT's Five-Year Capitai
Facilities Pla� The SCHOOL BOARD shall enter into an agreement to reimburse developer at such
time as the school would have been funded in the SCHOOL DISTRICT's Five-Year Capital Facilities
Plan; or
(S) Charter School; or
(6) Private School; or
, (7) For mitigation measures 1,2,3 and 4 above, the developers shall
receive impact fee credit
(8) Upon conclusion of the 90 day period, a second Letter of
Determination of Concurrency shall be issued. If mitigation is agreed to, the new Letter of
Deternunation of Concurrency shall find the development is in compliance and shatl be condiEioned
on Lhose mitigation measures agreed to by the developer and the School Board_ The mitigation
measures shall be memorialized in an agreement between the School District and the Deveioper that
specificaliy details mitigation provisions to be paid for by the developer and the relevant terms and
conditions_ If mitigation is not agreed to, the new Letter of Determination shall detail why any
mitigation proposals were rejected and deEail why the development is not in compliance.
Page 34 of 71
G. Term of Schoo! Concurrency
A Letter of Determination foF School Concwrnency issued by the SCHOOL DISTRICT
shall be.valid for one year from the date of issuance. Once the Local Government Site Spe.cific
Develapment Order is issued, the conc�ureacy deteruiination shalt run with t6.e Development Order.
H. Suspensiors of Cene�a��✓ �
1. School concvrrency shall be susriended in ail CSA's upon the occutrence and
for the duration of the following conditions:
(a) The SCHOOL DISTRICT gives written notice to the COUi�i'I�Y and
the MUNICFPALITIES of the occturence of an "Act of God" as provided in this AGREEMENT; or
(b) The SCHOOL BOARD does not adopt an update to its SCHOOL
DISTRICT's Five-Year Capital Facilities Plan by September 15th of each year consistent with the
requirements of this AGREEMENT; or
(c) The SCHOOL DISTRICT's adopted update to its Capital Facilities
progracn Plan does not add enough FISH capacity to meet projected growth in demand £or permanent
student staiions at the adopted level of service for all schools of each type for each GSA and each
individual school as detemuned by TAG based on data provided by the SCHOOL DISTRICT; or
(d ) The SCHOOL DISTRICT's Five-Year Capital Facilities Plan is
detercnuied to be financially infeasible based on an evaluation of all funds available to the SCHOOL
DISTRICT for capital improvements as determ.ined by the State Deparrment of Educa.tion; or as
defined by the issuance of a Notice of Iatent to Find an Amendment to a Capitat Improvement
Page 35 of 71
Element not in compliance as not being financially feasible, by the Depariment of Community Affairs
pursuant to Section 1633184, Florida Statutes; or by a court action vr final administrative action;
or
e) Ifconcurrency is suspended in one-third or more of the CSA's pl�rc�sant
to G_2. of this Section below_
2_ School Concurmn�v shall be suspended within a particuiar CSA, upon the
occurrence aud for the durahon for the following conditions:
(a ) Where an individuat school in a particular CSA is twelve or more
months behind the schedule set forth in the SCHOOL DISTRICT's Five-Year Capital Facilities Plaq
concurrency will be susgended within that CSA and the adjacent CSA's for that Eype of school; or
(b} The SCHOOL DISTRICT does not maximize utilization of school
. capacity by allowing a particular CSA or an i.ndividual school to exceed the adop[ed Level of Service
(.LOS};. or.
(c) Where the School Board macerialiy amends the first 3 years of the
SCEi00L DISTRICT's Five-Year Capital Facilities Pian in accordance with Section III G_, and that
amendment causes the Level of Service to be exceeded for that rype of school within a CSA,
concurrency will be suspended within that CSA and the adjacent CSA's only for that type of school.
3. If the Prograin Evaluation Report in accordance with SectionVl_M_, below,
recommerids that concurrency be suspended because the prograin is not working as planned,
concucrency may be suspended upon the concurrence of 33% of the Parties to this AGREEMENT.
Page 36 of 71
4_ Once suspended, for any of the above c�easons, concurrency shall be reinstated
once TAG determines the condition that caused the suspension has been remedied ar the Level of
Service for that year for the affected CSA's have been achieved.
VI. MONTTORING
A. Establishment of the Technical Advisory Group (TAG).
The pqRTfES agree that the SCHOOL DISTRICT's Five-Year Capitat Facilitties Plan
and the ten and twenty year work prngrams'�'nll be monitored by an independent Technical Advisory
Group (TAG) to be established by the PARTIES af this AGR�EMENT no later than 9Q days from
the date this AGREEMENT becomes effective_
$. Purpose of the TAG.
The purpose of the TAG is to function as a resource for the SCHOOL BOAR.D, the
COtJNfY and the MUIJICIPALITIES and to make recommendations including but not limited to
the foltowing:
1. "I'he SCHOOL DISTRICT's Five-Year Capital Facilities Plan
2. Ten and twenty year work progr'ams- It is recognized that the 10 and 20 year
work prograins are tentative and will be used for general planning purposes.
3_ Schools that trigger a School Capacity Study (SCS).
� " 4. CSA boundaries_
S. SCHOOL DISTRICT Management reports
Page 37 of 71
6. Operation and effectiveness of the concurrency program
C. Membersbip of the TAG.
1. The TAG will consist of five (5} members with relevant special l�owledge or
experience and shall include the following:
(a) A Certi.fied Public Accountant nominated by the FAU College of
Business.
(b) A general contractor nominated by the Local Chapter of the AGC.
(c) A demographer nominated by the FAU Cotlege of Geography.
_ - --- - - - - - - - - -- - � - - - - - -- -
(d) A planner nominated by the Treasure Coast Chapter of the American
Planning Association_
(e) A business person representing the for-profit private sector nominated
by the Economic Councit of Palm Beact_ (;aunty.
2_ The parties expect the nominating agencies to make the in.itial
recommendations no later than 30 days from the effective date of this agreement and other
nominations no Iater than 60 days prior to the expiration of the term of inembership_
3 Interim vacancies shal! be filled �s quickly as possible.
4. TAG members shall be automatically approved within 60 days of the
nominaxion unless vetoed by the SCF�OOL BOARD, the League of Cities Board of Directors or the
Board of COIINTY Corrunissioners (BCC)_
Pa�e 38 of 71
D. Terms of Membership
The initial terms of TAG members shall commence 90 days from the effective date �
of this AGREEMENT and be as follows:
I_ Two Year Terms - The CPA and the General Contractor and the business
persan.
2. Three Year Teims - Demogra}�her, and Planner
Each su,cceeding apPointment shall be for a tecm of three years. Upon the d�ath, or
resignation, of a member, the nominating body will pmPose a sucees-S°r for the unexpired term, or
a full term, as the case may be, and will be accepted unless vetoed per Section C.2_ above_
E. Election of Chair aud Organization Meeting
1_ At the first meeting of ttte TAG and every year chereafter, on or about the
. anniversary of the first meeting, the members of TAG shall hold an organizational meeting.
2. At the organizationa! meeting, the members shall elect a chair and vice-chair
who will serve one year terms_ There shall be a limit of two consecutive terms the chair and vice-
chair may serve.
3_ The TAG has the authority to enact their own rules of procedure_
F. . Quorum and voting
No meeting of TAG shall be called to order, nor may any business be iransacted
without a�quorum consisting of a majority of the members being preseat Alt actions shall require
a simple majority of the members then present and voting. In the event of a tie vote, the proposed
Page 39 of 71
motion shall be considered to have failed. No member shall abstain from voting unless there is a
conflict of interest pursuant to Florida Statutes.
G_ Meetings opea to the pubtic �
A!1 meetings shall be open to the public.
H. Compensatiou
The members of TAG sb.all receive na compensation for their services.
I. Staff Support for the TAG
The PARTIE.S will direct their staffs to cooperate with the TAG in performance of its
duties under this AGREEMENT. Clerical support for meetings of TAG will be provided by the
SCHOOL DISTRICT.
J. Management Reports
By July 1 st each year, the School Superintendent shall submit an annual management
report. to: the SCHOOL BOARD and TAG detailing the status of the SCHOOL DISTRICT's
implementation of its adopted Five-Year Capital Facilities Plan. The management r�p�ct arili contain
reports on the status of each capacity or modernization projece in the SCHOOL DI.i I�RICT's Five-
Year Capital Facilities Pian including any related audits and a schedule of the proposed
commencement and comp[etion date of ali programmed activities. Revisions to projected costs for
unbuilt projects and the projected eosrs compared to actual costs of each constructed project shail aLso
be included.
Page 40 of 71
K. Enrollment Reports
The SCHOOL DISTRICT Superintendent shall submic a yearly report on the first
student count of the second semester enrollment of all schools of each type in.each CSA and each
indzvcdual school by Febniary 15th_
L. Monitoring Reports
The TAG shall review the information submitted by the SCHOOL Superinteadent and
shall compile and submit a report anaually on the followigg:
1_ The accuracy of previous pupil enrollment projections compared with actual
enrollment.
2. The accuracy of previous population projections of each CSA corripared with
actual growth_
3. The accuracy of projected costs of school construction pzo}ects compared with
actual c�sts.
4. The accuracy of projected school construcrion schedules compared with actual
performance.
All annual reports of the TAG shatl be submitted to the MUNICIPALITIES, the COUNTY
and the SC�IOOL BOARD by August 1_ Any interim TAG report shall be submitted to the parties
within five days of completion.
Page 41 oE 71
M. Program Evaluation Report
l. On or before August 1, 2002, or at the request of any party to ttus
AGREEMENT, TAG shall initiate an evaluation of the effectiveness of the prograui. This
evaluation shall consider but not be linaited to the foliowing:
(a) Nzunber of school concurrency suspensions by school type
(b) D�u�ation of school concurrency suspensions
(c) Ability to achieve and maintain the adapted LOS
(d) Timeliness of parties' response required by this AGRE�MENT.
_ (e) Operation and effectiveness of the concurrency program_
2. TAG shatl issue a report on the findings and recommendations to a!1 PARTIES
by November 1, 2002, and every 2 years thereafter, and within 90 days after the request For review
by any party to this AGREEMENT_ The recommendations shall include, but not be limited to,
suspension and changes to the following:
(a) Joint Planning and Coordination by PARTIES to this AGREEMENT
(b) LOS Standards
(c) Interlocal AGREEMENZ'
(d) Goals, Objective and Policies
(e) CSA boundaries
� ( fl Implementing Ordinance
(g) SCHOOL DISTRiCT's �ive-Year Capital Facilities Plan.
Pa�e 42 of 71
N. Conflict of Interest
1. General. No TAG member shall have any interest, financiai or othervvise, .
direct or indirect, or engage in any business tran-saetion or professional activities, or incur any
obligation of auy nature which is in substantial conflict with the proper discharge of duties as a
member of the TAG.
2_ Implementation. To implement this policy and strengthen �the faith and
confidence of the citizens of Palm Beach Cotmty, members of the TAG are di�'ected:
(a) Not to accept any gi£� fa�or, or service that might reasonably tend to
improper[y influence the discharge of official duties_
(b) To make Imown by writ�en or oral disclosure, on the record at a T��r
meeting, any interest v�✓hich the member has in any pending matter before the TAG before any
deliheration on that matter_
(c) To abstain from using membership on the TAG to secure special
privileges or exemptions.
(d) To refrain finm engaging m anY busu�ess or professionat a�ctivity which
might reasonably be expected to require disclosure of confidential information acquired by
membership on the TAG not available to members of the general pubiic, and refira.in from using such
information for personal gain or benefit_
. (e) To refirain from accepting empioyment which mig�tt irrtpair independenE
judgment in the performance of responsibilities as a members of the TAG.
Page 43 of 71
(� To refrain from transacting any business in an official capacity as a
member of the TAG with any business entity of which the member is an officer, director, agent or
member, or in which the member owns-a controlling interest.
(g) To refrain fram participation in any matter in which the member has
a personal investment which will create a substantial conflict between private and public interests.
VII. MEDIATION OF DISPUTES
The PARTIES acknowledge that the intergovernmental coardination provisions of Section
163.3177(6)(h), Florida Statutes, may not eliminate alt disputes between the PAR.TiES to this
agreement and such disputes may affect the SCHOOL DISTRICT and the land use plazuung authority
of the COUNTY and the MUNICIPALITIES. In the case of the negotiation, adoption, and
implementation of any provisions of this interlocal agreement or amendment thereto, COtJNTY,
MUNICIPALITIES and the SCHOOL DISTRICT agree that those PARTIES in opposition shall
attempt an informal resolution of the concerns raised. In the event objections cannot be resolved
within 20 days or such other time as may be mutually agreeable, the PARTIES shall have the right
to petition the Court in accordance with the provisions of Article IX.C., or submit their disagreement
for �nediation under the protocols of the Palm Beach County Comprehensive PIan Amendments
Coordinated Review Interlocal Agreement of October, I993, as specifted in Article X therein,
attached as Exhibit A ta this AGREEMENT_
Page 44 of 71
If the mediation process is irretrievably deadlocked after three meetings, the PARTIES will
submit their dispute to arbi�ation. The azbitrator will be selected by the Executive Committee of tEie
palm Beach County Issues Forum within 1 S days after the third mediation meeting, and arbitration
wi11 commence within 30 days after the third mediation meeting_ The azbitra.tor's decisions will be
binding on the PAR�FIES, and the costs of arbitration will be borne equally by the PARTIES.
VIII. COORDINATED PLANNING
A. The Coordination af Planning and Sharing of Information
The PARTIES recognize that sound planning for both educational facilities and student
growth emanating from existing, redevelopment and new development of residential groperty requir�s
adec}ua.te and accurate data and information and that effective coordination of these two planning
functions requires that all of the PARTIES have access to and utilize the same data and information.
Accordingly, the COLTNTY, the MUrIICIPALITIES, and the SCHOOL DISTRICT agree to share and
coordinate information relating to existing and planned public school facilities, proposals for
development and re-development, infrastructure required to support public school facilities, and
population projections, including student population projections, which are utilized and relied on by
the PARTIES for planning purposes.
B. Population Projections
The SCHOOL DIST'RICT shall utilize the COUNTY'S population projections derived
from che University of Florida Bureau of Economic and Business Research (BEBR) medium
Page 45 of 71
population projections for perrnanent resident population, which include municipal and
unincorporated areas, as the basis for student population pro}ections_
The COUNTY shatl convert the BEBR projections into both exist�ng and new
residential units and disaggregate these units throughout incorporated and unincorporated Palm
Beach County into each CSA using BEBR's annual estimat�s by municipality, persons.per-
household figures, historic growth raLes and development potentia! consideting the adoptsd Future
Land Use maps of all Iocal government Comprehensive Plans_ Ttiese aze shown in Exhibit E of this
agreement ("Projected Units Tabie'� which shall be amended annually_
The SCHOOL DISTRICT shall evaluate the disaggregated projections pFepared by the
COLTNTY, ,considering,. the poputation projecUOns ,contained in ea.ch tocal government
Comprehensive Plan, and the State Department of Education Capital Outlay Full Tirne Equivaient
(COFTE) student projections, making modifications as necessary, and utilizing appropriate models
and methodologies. The SCHOOL DISTRICT shall develop and apply the Student Generation
Multipliers as shown in EXHIBIT D of this AGREEMENT for all schools of eaeh rype to the
projected residential units, considecing past � within specific geographic areas, in order to project
school enroltment, consistent with the requirements of Chapter 235, Ftorida Statutes.
All PARTIES agree to the continued use of this methodology, which h�s been used
by the SCHOOL DISTRICT since 1996, and, based upon its historical accuracy, consider its results
to be the best available data
Page 46 of 71
The SCHOOX. DiSTRICT t�2C COU�NTY BIAd tFxe MLTN�CIPAL�ES COil�t LO
continued efforts to imprava tlus methadology and enhamcc 000rdination with �the pla�s af tb�e
SCHOOL DY$TirICT a:nd loca� g4�vexamemts. Pop�atiaao► and smdmt e�onoiimeut pzvjections shall lyc
t�evis�d aaaually to ens�+c tbat nCw �sidantial dcvela�mcnt �d rec�evelopmeat iu£�1�matioa pr�vic�ed
, t>�► th�e �ICIP'A�.TTIFS and thc GOUNTY is reSecta� iu thc �ipda�ed projec�%ons. The �.wi�ed
p�+o�3cc�ous aad the va�aables uti�i�+ed in m�aiCinffi � P�Ja:tions shall 'fye rcvia'w�oci.b3r all sigpa��o�cies
tiu+ottgh the �ttcigovemmcalal Pl�t .Amr�ndmcc�t �t,eviCw Commit�x {�FARCj. P'�joctions sl�ll. be
cspeciaily revisited and re£ned w�th the results of thc 2000 C�ensus.
C, I,o�ca! �ovtirament �,lata Collection .
On April t and October 1 of each yt.a�r, local govet�nfn«� st�all pro�nde the SCHOOL
DIS'I�ZYCT with the ux�ormation regarding the Cxrtific�tes of Occupancy issuod �or �tew ztsideniial
ucucs. The actuai studanrs gcncrated from �ew reside�ttial units wilt be used in � data and anaiysis
far thc aanuai update of the SCHOOL DIS'I?�tICT's Firv�Ycar CaPitai Facilities Plan -
D. School Distnct Data Pwbli¢ation
7he SGHOO�. DISTRICT shall publish d�ta conceming schooi capa,city, irtctudin.g
thc ciu�oiiment of each individiia! school hased oz� the f�i cou�t of thc seccand scmester, the actual
c�pacicy of ea,ch school at nc� adopted lr.vel of servicc, the e�unUment and capacity for all schooLs of
each type in cach concurrency servict atra Thc SCI-�OC�L DISTRICT s1aa11 sp�cifically u�at,e the
clasa upon m�eting the fotlowing cc�nditions: no later than ,fifteen ( t S) warking days after the annu»l
Pagc 47 of 71
update of the SCH40L D�S'�'RICT's Fiv�-'Yeac Capital Faci�ities Pian; with t6e�first co�int af ihe
second scmestc-s each year as new c�.pa�citY bec�nes operational whtxi a SCS iS ag�rAYCd� br �.s
concunrency deti�rrminatioas arc issuec�.
� � Mul4ptier Fublitatioa
�ixtY ((�0) dayx �a�r t,� the im�i�on of oonc�arieQC.y the SCY�OOL bISY'RYCT'
shau publ;sh d�a�p�� �ipti«s. T�e mc�iapti�s .�viu t�e usea for t� t�m► �f aus a�+eemr�t
to det�rnnine thc numbex of cieme�t�y mid�e aad high schtooi stude�t�, based oja t�c au�ber and
typc of msidential uniLS £rom the pmoposed developmeu�. Tlxesc multipiiers mtut be'�PPoI'�ed b'Y
data a�nci analysis bascd oa exxsting ern+a►llm�nt faz r.ach typc o£ residential unit and will be updated
or r�verified by the SCHOOL DrSTRICT e�pon icncwal of dus agre�menc
� F, �roposals for D�'veiopaoo��nt, Xtedeve[opmeut �ad Iufs�stx�s�cture requir�eti to
� Support Pubtic Sthool 1�'acitities ..
On or befor� January 1 of e�ch yeaz, for thc SC�OOL DiSTRICT's considcratioti and
utilization izt pteparing its az�tt�al t�date of the SCHOOL DISTRICf's �ive-'Yeafi Capital Fa�ci�ities
Plan the C�UN�f'Y and the M[lNXC�'A�.I�-S shail P=ovidc to tha SCHC�a�. 'DtSTRICT a report
setting forth thG COUNTY'S and the 1V1UN�C�PAC,�'CIfiS' cespective projeCdores for developmtnt, aald
redevelopinent, in th� foRhcvming year. iz� addition, befarc January I of �ath ycar..� the COUNTY snd
the MijNICIPALtTIFS sha�t provide to thc SCHC30L. I�tST7tYC7' a copy df any amcttdmeuts to Eheir
respecave �ve-year raad plans, fiv�-yc�ar utility plans, aad five-year ptans for p2�ks, 5re pmtedion
and pnblic safety and any othe� plaz�s chey have in their possess�on affecting inftastructute_
Page 48 of 71
G. School Siting
1. Unless a local GOVERNMENT has or does enter into a separate Interlocal
Agreement relating to sehaol sitiag, the following provisions shall be followed in school siti.ng
decisions. If a separate Interlocal Agreement that addresses school siting is in effect, the provisions
of that Agreement shall control and �is Section (G) and sha11 not be applicable between those parties.
2_ The SCHOOL DISTRICT shall coordinate glanning and site location of
educational facilities with each MLTN�CIPAI-ITY and tt�e COIJNI�Y in which a schoot site is
proposed for con.�:�truction or site-acquisition within the SCHOO�. DIS�`RICT's Five=Year Capital
� Facilities Pian in accordance with Chap��as �.�� a�d 163 of the Florida Statutes_ �his process shall
assist 'in deternuning possible sites for the prcpos�a :c�:'?r..�F� �"� the ee�^--�:y.��ncy with the �„
Comprehensive Plan, applicable land development regulations, the necessar}r existing oc planned
infr�structure, and coordination of public facilities such as parks, libraries, and community centers.
3. Not less than 90 days prior to adoption of the initial Five-Year Capital Facilities
pian and any amendments or yearly updates, the SCHOOL DISTRICT shall coordinate with the
COUNT'Y and each MiJNICIPALITY in which a school is proposed for construction or expansion
under the proposed plan to determine the consistency of one or more proposed sites with the local
govemment's comprehensive plan and the availability of necessary or planned infrastructure and to
coordinate the proposed Location with public facilities such as parks, tibraries and community ceaters_
Altemative sites may be proposed by the LOCAL GOVERNMEN�I' for the consideration of the
SCHOOL DISTR.ICT.
Pa�e 49 of 71
4. At least 60 days prior to acquiring or leasing any propecty that may be �tsed for
a school site, the SCHOOI. DISTRIGT shall provide written notice of the prQposed acquisi6on to the
LOCAL GOVERNNiIENT in whose jtrrisdiction the proposed site is located. This written notice from
the SCHOOL DISTRICT shall include a school site acquisition form, aerial map, location map and
proposed acquisition and con.Struction campletion schedule_ As quickly as possible hat no later than
45 days from receipt of this notice, the LOCAL GOVERNMENT shalt notify the SCHOOL
DISTRICT if the proposed site is coasistent with tl2e land nse categories and policies of the LOCAL
GOVERIVMENI''s comprehensive plan and zoning district and provide comments regarding the
feasibility of each of the sites submitted by the SCHOOL DISTRICZ'_ These comments should
address the availability of necessary and planned infrastructure and the collocation of the groposed
school facility with other public facilities such �s parks, libraries and community centers_ The
SCHOOL DISTRICT shalI include these comments in their rating system to determine the best
overall site for acquisition_ This preliminary notice does not constitute the local government's
determination of consistency rec}uired by Section 23 �_ 143(5}, Florida Statutes_
5_ The SCHOOL DISTRICT' shall submit a request for determination that a
proposed site for a public educational facility is consistent with the LOCAL GOVER1vME:,�NT's
comprehensive plan and land development regulations and an application for site ptan apgrova! as
early in the design stage as feasible, but no later than 90 days prior to the proposed construction
commencement date of a new public educationaI facility or modemization of an existing public
educational facility. The SCHOOL DISTRICT application shall include the items required in
Pa�e �0 of 71
paragrap� 4, a site plan meeting the requirements of the LOCAL GOVERNMENT's Land
development regulatiQns to the extent the land development regutations are not in conflict with the
state unifotm building cc�de or the review criteria in subparagra.ph (b) below, any ather infonmation
required for site plan review under the LOCAL GOVERNNLENT's land development regulations,
and, if in a municipality, a municipal t�ic concurrency letter from the County,Engi.neer. 'fhe
LOCAL GOVER:t�fMENT shall have 90 days to determine in writing after receiving all of the
�equired informasion from the SCHOOL DISTRICT whether the proP°sed site and site plan for the
public educ�on facility is consistent with the local comprehensive plan and local land'development
regulations and if the site plan is approved-
(a) If the LOCAL GOVE;�� informs the SCHOOL DISTRICT that
a proposed site is not consistent with the Land use categories and policies of the LOCAL
GOVEP;1�tMENT's comprehensive plan, the SCHOOL DISTRICT shall not proceed to constnict any
new or expanded public educational facility on the site unless and until the LOCAL GOVERNMENr
comprehensive plan is amended to make the proposed facility consistent with the LOCAL
C,p comprehensive plan If the site is consistent with the comprehensive plan's future
land use policies and categories in which public schools are allowable uses, the LOCAL
GOVERNMENT may not deny the development of the site for a public educational facility but may
impose reasonable development standards and conditions through the site plan approval process in
accordance with Section 235.34(1), Florida Statutes_
Page 51 of 71
(b) The LOCAL GOVERS�TIv�Nf may not deny the site plan based on the
adequacy of the site plan as it relates solely to the needs of the educational facility. The LOCAL
GOVERNIvIE`NT's review may consider the site plan and its adequacy as it relates to environmental
concerns, health., safety and welfac�e, and effects on adjacent property. Standards and canditions may
not be imposed which conflict with those established in Chapter 235, Florida Statutes, or the State �
Uniform Building Code, unless mutually agreed by the SCHOOL DISTRICT and the LOCAL
GOVERTIMENI'. The parties agree that the following criteria shall be applied in evaluating the site
plan:
(1) The proposed site and education facilities shall, at a minimum, meet the
State Requirements for Educational Facilities (SRE�, plus a ten percent (10%) capacity fle�cibility
allowance in conformance witYz the SCHOOL DISTRICT's adopted level of service.
(2) The site plan shall demons�ate that there are no adverse impacts on sites
..1is.ted� in t�ie national Register of Historic Places or otherwise designated in accordance with
appropriate State guidelines as locally significant historic or archaeological resources.
(3) The site plan shall provide sufficient space to meet on-site parking and
on-site ir3ffic circulation requirements to satisfy current and projected site generated vehicular
demand.
(4) There shall be adequate setbacks, buffering and design controls to
e(iminate or decrease any negative externalities, such as noise, from affecting neighboruig
developments in accordance with SREF standards, at a minimum_ Outdoor recreational facilities,
PaQe �2 of 71
including stadiums and similar support facilities shatl be located and buffered on the progosed site
to mi.nimi��e impacts on the adjacent properties.
(5) The location of the proposed site shall comply with all provisions of
Florida. Statutes, as they relate to the siting of public education facilities.
(() The following access standards shall apply to the proposed sites of the
specific school types to ensure they are consistent with the LOCAL GO��?RNMENT's
comprehensive plan. � .
{i) For elementary schools, special education facilities, and alternative
education facilities, proposed school sites shall have direct access to at least a minor coliector road
or as otherwise approved by the LOCAL G4VEB:�IMENT �er determination of acceptab[e traffic
impacts_
(ii) For middle schools, the proposed site shal! have direct access to
at least•a minor coilector road or as otherwise approved by the LOCAL GOVERNMENT after
determination of acceptable traffic impacts_
(iii) For high schools, the proposed location shall have direct access
to at least a major collector road, or as otherwise approved by the LOCAL GOVERNMENT after
deternZination of acceptable traffic impacts_
(c) Any facility not used exclusively for educational purposes and any non-
educational uses are sub}ect to the LOCAL GOVERNMENT's land development regulations and
such facility or use shall not occur unless approved pursuant to those regulations.
Page 53 of 71
(d} Nothing herein sha!( preclude the SCHOOL DISTRICT and the
LOCAL GOVERNMENT from developing alternative develapment startda�rds based on rnutualty �
acceptable performance criteria, that would meet the intent of the provisions listed above.
H. School District Review Of Future Land Use Element Plan Amendments.
1. Each LQCAL GOVERIVM]�Nf' that is not a participant in the Comprehensive
Plan Amendment Coc�f,dinated Review Interlocal Agreement dated, October 1993, agrees ta submit
to the SCHOOL DISTRICT at least 30 days prior to its transmitta! hearing an executive summary of �
any amendment to the Future Land Use Element that modifies or adds any residential designation
along with a copy of the plan amendment and suppor[ing material and the date, time, and place of the
transmittai hearing_ Each LOCAL GOVER;NMEN`I' t_hat is a participant in the `Comprehensive Pian
Amendment Coordinated Review Interlocal Agreement' shall follow the procedures of that
AGREEMENT_
2- The SCHOOL DIST'RICT shall review the information submitted and shal!
evaluate the impact of the proposed amendment on the Public School Facilities Plan, the consistency
of [he proposea plan amendment witt► the SCHOOL DISTRICT's Five-Year Capital Faci[ities Pian,
the impact on the adopted Level of Service standard for public schools, and the projected [iming and
delivery of pub(ic school facilities to serve any residential devetopment authorized by the
Comprehensive Plan Amendment_
� 3_ Within 20 days of receipt, the SCHOOL DISTRICT', shall submit to the
COCTNTY or affected MLJNTCIPAL,[TY a written report settin� forth the findings and
Page 54 of 71 �
recommendations of the SCHOOL DISTR[CT, and specificatly setting forth the capacity, or lack
thereo� of existing facilities or planned� facilities i.n tt�e current SCHOOL DISTRICT Capital
Facilities Program Plaa to serve additional students without ovencrowdin.g such facilities beyond the
adopted Level of Service.
4. The COUNTY or MtTNICTPALITY shall consider the report and -
recomm.endations of the SCHOOL DISTRICT at its ttansmittal heari.n,g, and if the COLINTY or
MUNICIPALITY decides to tran.smit the proposed plan amendment to the Department of Community
q,ffairs, the CQUNTY or MUNIGIPALITY shall include the writt.en report and recomniendations of
the SCHOOL DISTRICT in its tra.nsmittal package_
5_ In considering whether to adopt any Comprehensive Plan Amendment
providing for residential development, the COLTNTY and the MUI�ICLPALITIES agree to consider
the factors set forth in the written report of the SCHOOL DISTRICT.
6. The COtJNTY and the MUNICIPALITIES agree to abide by the procedures
set forth in subparagraphs 1 through 5 above, in considering any proposed amendments to the Future
Land Use Element of their respective plans.
IX. SPECIAL PROVISIONS
A. SCHOOL DISTRICT Requirements.
The PARTIES acknowiedge and a�ree that the SCHOOL DISTRICT is or may be
subject to the requirements of the Flonda and United States Constitutions and oiher state or federal
Page 55 of 71
statutes regarding the operation of the public school system. Accordingly, the COLTNTY, the
MT,II�TICIPALITIES and the SCHOOL DISTRICT agree that this AGREEMENT is not intended, and
will not be construed, to interfere with, hinder, or obs�cuct in any manner, the SCHOOI. DISTRICT's
constitutional and statutory obligation to provide a uniform system of fr�ee public schools on a
county-wide basis or to require the SCHOOL DISTRICT to confer with, or obtain the consent of the
COi3NTY or the MtJNICIPALI"ITF.S, as to whether that obligation has been saxisfied. Further, the
COLTNTY, the MUNICIPALITIES anc� the SCHOOL DISTRICT agcee that this AGREF.MENT is
not inteaded and will not be construed to impose any duty or obligation on the COUNTY or
MUNICIPALITY for the SCHOOL DISTRICT's constitutional or statutory obligation. The
COUNFY and the MUMCIPALITIES also acknowledge that the SCHOOL DISTRICT's obligations
under this AGREEMENC may be superseded by state or federal court orders or other state or federai
. legal mandates.
B. Land Use Authority
The PARTIES specifically aclmowledge that each LOCAL GOVERNMENT is
responsib�e for approving or denying comprehensive plan amendments and development orders
within its own jurisdiction_ N�thing herein represents or authorizes a transfer of this authority to
other party.
Page 56 of 71
C. Specific Performance
The C�UNTY, the MUNFCIPALITIES and the SCHOOL DISTRICT shall have the
right to petition the Circuit Court for the Fifteenth Judicial Circuit for tlze Sta.te of Florida for specific
performanc,e of any and all of the provisions of this AGREEMENT-
X. ACTS OF GOD AND U'TAER EXIGENT, CIRCUNLSTANCES BEYOND THE
CONTROL OF THE SCHOOL BOARD
The COUNTY and the MUNICIPALITIES acknowledge that the SCHOOL DISTRICT, in
its operation of the public school system, is subject to events CiiC»mctanCES, and external €orces and
authorities beyond its control_ Examples are hurricanes or other natural disasters which destroy school
facilities, other emergency situations affecting the operation of the public school system, state court
judgments concerning the SCHOOL DISTRICT's State Constitutional or Statutory obligation to
provide a uniform system of free public schools, and schooi desegregation orders or compliance
agreements involving Federal Courts or the Of�ice of Civil R.ights, United States Department of
Education_ Such events or actions may prevent che SC�IOOL DISTRICT from complying with che
provisions of this AGREEMENTT and may require the SCHOOL DISTRICT to deviate from or
modify the SCHOOL DISTRICT's Five-Year Capital Facilities Plan agreed to and approved by the
COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT. The COUN`I�Y and the
M'(n•i[CIpEILITTFS hereby agree that such noncompliance, deviations, or modifications will not be
Page 57 of 71
deemed a viQlation of this AGREEMENT' and that the provisiorts of suspension witl pectain to those
oecufrences.
XI. STANDING AND THIRD PARTy BENEFICIARY RIGHTS
The PARTIES hereby acknowledge and agree that it is not the intent of any party to this
AGREEMENT to confer any rights on any peisons or entities other than the PARTIES to this
AGREEMENI'. No person or entity not a party to this AGRE:�s�MEEN shall have any cla.im or ca.use
of achon against either the COUI�T"tY, the MUNICIpAI.,ITIE$ or the SCHO�L DISTR.ICT for the
failure ofany party to perform in accordance with the provisions of this AGREEMENT except as may
be provided by law_
X�I. AMENDMENT, WITHDRAWAL AND TERMINATION
A. Amending the AGREEMENT
This AGREEMENT may be amended only by written agreement of 51% of the
PARTIES_
B_ Withdrawal from AGREEMENT
Any PARTY that is no longer required by Law to be a party to this AGREEMENT may
withdraw from the AGREEMENT by sending writcen notice to the other PARTIES to the
AGREEMENT and the Deparnnent of Community Affairs (or its successor agency) at leas[ sixty (60)
days prior to the effective date of the withdrawal.
Pa�e 58 of 71
C. Additional Participants
Any MUNICIpAI.,ITY that�becomes a required party after the effective date of this
agreement may become a party to this agreement upon execution of a Unilateral Participation
Agreement in such form as the agreement attaehed hereto as Exhibit C.
D. Terminatioa of AGREEMENT
This AGREEMENI' maY be tern�unate� by 75% of the PARZ�S fil'ing a writt�n notice
of tem�ination with the other PARTIE.S -wit�in any ninety (90) daY Penod- The AGREEMENt shall
immediately be temunated upon filiag of the written notice by the last required partY-
XI1I. TERM OF THE AGREEMENT
This AGREEMENr shall be for a term of (5) years and will automatically be renewed for an
additional five (5) year term as long as no required PARTY objects in writing to the renewal. Any
objecrion, by any PARTY to this AGREEMENT, to the renewal must be sent, to the other PARTIES
no sooner than 90 days prior to the end of the term.
XIV. INDEMNIFICATION OF PARTIES
A. Hold Harmless
The SCHOOL DISTRICT agrees to hold harmless and indemni�fy the other PARTIES
to this AGREEMENT agains� anY P�Y claim, liability, lawsuit, and damage award arising out
of the performance of this AGREEMENT for any acts, failure to act, or decisions of ttie SCHOOL
Page 59 of 71
DISTRICT that are totally withitt ttte purview of the SCHOOL DISTRICT or are the responsibility
of the SCHOOL DISTRICT under this AGREEMENT. Acts or decisions of t�he SCHOOL
DISTRICT include, but are not limited to, items relating to school attendance boundazies, providing
adequate capaeity for new students in the SCHOOL DISTRICT's Five-Year Cagital Facilities Plaa,
constructing and modernizing schools consistent with the adopted SCHOOL DISTRICT's Five-Year
Capital Facilities Plan., decisions on whether to accept or reject m.itigatioq and d,eci.sions on available
capacity in the review process_ :
B. Third Party Claims �
The COLJNTY and each individual MtJNICIPALITY that is a PAR.TY to this
AGREEMENT agrees to hotd harmless and indemnify all other PA.RTIES to the AGREEMENT
against any third party claim, liability, lawsuit, and damage award arising out of the performance of
this AGREEMENT for any acts, failure to act, or decisions of that PA.RTY that are totally within the
purview of. that pa.rty or are the responsibility of that party under this AGREEMENT. Acts or
-... ,
decisions of the COUN"IY or an individual municipality include, but aze not limited to, the deniai of
an application for development approval based on school impacts after the SCHOOL DISTRICT has
informed that party that adequate school capacity exists for the development.
XV. MULTIPLE ORIGINAI�S
This. AGREEMENT may be executed in one or more counterparts, each of which shall be
deemed an onginal, but all of which together shall constitute one and the same instrument_
Page 60 of 71
XVI. EFFECTIVE DATE OF AGREEMENT
A. Effective Immediatety
Upon this AGREEMENT being signed by the last required PARTY, the
AGREEMENT shall be filed with the Clerk of the Circuit Court This A.GREEMENT shall take �
effect immediately on the date filed with the Clerk of the Circuit Court and shall continue-until
teiminate�
B. Nuliification of AGREEMENT
If this AGREEMENT is not signed by alt required PARTIES by July 1, 2001, this
AGREEMENf shall be null and void and all PARTIES that sign this agreement are released from
any obfigation imposed by the AGREEMENT.
IN WTT1vESS WHEREOF, the undersigned PARTIES I�ave executed this Interlocal
AGREEMENT on the day and year indicated_
ATTEST: PALM BEACH COUNTY, FLORIDA, BY
•� ° � � ° '� ° � Q ITS BOARD OF COUNTY COMMISSIONERS
• . c `�9 ,�"��l � �
Dorothy H. Wilken���l�f�o" °5��: o
Boar f Coun�r C"' ne y„'�%�'e � ��� �
, s � � D
B� R ' 4 p � -} �� 9� n Uy: /1/t i c-
� w D .0 4 iV 1: � �)�
�� F,,,,, � p � "S
O � �,p �.�^S�iJ+ q ' •
Q�YCleric 6 0 ' o Commissioner Maude Ford Lee, Chair
�'� •�., ��.• R 2 0 0 0 0 g 0 S
n s`o � '+�
Approved. as to Form and •* e..�+� °° Date: 1 U N_ 6 2000
Le fficiency
�./
Counqy Attorney
. Pa�e 61 of 71
ATT�ST: SCHOOL BOARD OF PALM BEACH COUNTY
�/ � �
sy_ By: � �
' Dr. Sandra Ric�mond, Chairman
Approved as to Form and �� Date: (.�7� ��.�C/�
Legal Sufficiency
�7 � � / V v
omey �or chool Board
Page 62 of 71
MUNICIPALITIES
ATT'EST: CITY OF ATLAI�ITIS
B By=
City Clerk William Howelt, Mayor
DATE:
ATTEST: CITY OF BEI.LE GLA.DE
gy. B Y�
City Cierk Harma Miller, Mayor
DATE:
� `ATTEST: ' CITY OF BOCA RATON
B By=
City Clerk Catol Hansan, Mayor
DATE:
Page 63 of 71
`\`` ������NT�����Q;;,,
�.� p'� ,.. �' �� . MUNICIPALITYFS
; �.,PQO�T, •.
� c� � �" -
_ � : Up _
.. '' � _ . - APPROVED AS �O FOR��
ATTEST: ,�:� �• �€. ' c�r �: CITY OF BOYNTON BEACH !��'� `�`'�!�-
.���,', �''•••• .....
CiTY ATiOR:iEY
���iii ir�it� ►�������
By. - � Br= .
ity Clerk Gerald Broening, Mayor �
DATE: 9�8�4
��
ATTEST: CITY OF DELR.AY BEACH
BY_ - BY=
City Clerk David Schmidt, Mayor
DATE:
- ATTEST': � CITY OF GREENACRES
BY: BY:
Ciry Clerk Samuel Ferreri, Mayor
DATE:
Page 64 of 71
MUNICIPALITIES
ATTEST: TOWN OF HAVERHILL
By: BY=
Town Clerk Charles Stoddard, Mayor
DATE: .
ATTEST: TOWN �F HYPOLUXO
By - BY= �---
Town Clerk Kenneth Schultz, Mayor
DATE:
ATTEST_� �FOWN OF JUNO BEACH
gy: gY=
`Cown Clerk Robert Blomquist, Mayor
DATE:
- Page 65 of 71
� "
��.�,����pFZfDq A� �
� .
s ���� �� £ .
� �a �
_� m
� � - - � _— ? � tv1UNICIPALITIES
; O - � _ ;��� �
i '� - IkC011►UI1 � •` �
: �'�'e�� '� 19 2 5 — � ��
ATTEST: ,���"""��,�„�„„�,�� TOWN OF JUPITER
By. t�� � --� B �
To C erk Karen Golo Mayor �
DATE:
ATI'EST_ TOWN OF LAKE CLARKE SHORES
BY= - BY=
Town Clerk Malcotm Lewis, Mayor
DATE:
- ATTEST: � TOWN OF LAKE PARK
By: BY:
Town Clerk Witliam Wagner, Mayor
DATE:
Page 66 of 71
MUM CIPALITIES
ATI'EST: CITY OF LAKE WORTH
a $y= - -
City Clerk Tom Ramiccio, Mayor
DAT�:
ATTEST. TOWN OF LANTANA
By . = sy:
Town Clerk � David Stuart, Mayor
DATE:
ATTEST: VILLAGE OF NORTH PALM BEACH
By: B y'
Village Clerk Joseph Tzingali, Mayor
DATE:
. Page 67 of 71
MUNICIPALITIES
ATTEST: CITY OF PAHOKEE
By: B
City Clerk Roy Singletary, Mayor �
DATE:
ATTEST: TOWN OF PALM BEACH
BY: B
Town Clerk Lesly Smith, Mayor
� DATE:
ATTEST: CITY OF PALM BEACH GARDENS
BY= By:
City Clerk Joseph Russo, Mayor .
DA`I'E:
Page 68 oE 71
MUNICIPALTTIES
A .� S - i - : TOWN OF PALM BEACH SHORES
By: �
Town Clerk Thomas Mills, Mayor
DATE: — �
ATTEST: VILLAGE OF PALM SPRINGS
By. By �
Village Clerk John Davis, Mayor
DATE:
ATTEST: CITY OF RIVIERA BEACH
By- ��J"
� City Clerk Michael Brown, Mayar
D ATE:
Page 69 oE 71
MUNICIPALITIES
� ATTEST: VILLAGE OF ROYAL PALM BEACH
By: By: �-
Village Clerk David Lodwick, Mayor
DATE:
ATTEST: CITY OF SOUTH BAY
��: By:
City Clerk Clarence Anthony, Mayor
DATE:
- ��.��TfiEST: - VILLAGE OF TEQUESTA
�y: B
Villag� Clerk ,
Joseph Capretta, Mayor
DATE:
Page 70 of 71
MUI�IICIPA�LITIES
ATTEST: VILLAGE OF WELLINGTON
B By=
Village Clerk �
Thomas Wenham, Mayor
� � DATE:
ATTEST_ CITY OF ST PALM BEACH
�Q��
By: By'
City Clerk 3o Daves, Mayor
DATE: /� Ca�G�2�
CITY ATFORNEY'S OFFICE
Approved as to form
and lega! ufficiency
By: —
Date: � ��
Final 6/06/00 -
Page 71 of 71
EXHIBIT A �
COHPREHENS'LVE PLAN AMENDt-LENT COORDIrIATED REVIEW
IN'TEfZLOCAL AGREEMENT
' This Interlocal Agreement, dated the lst day o£ Oc�ober, �993,
entered into by and among the various parties executing this
Agreement, each one constitutinq a public agency as defined in Part
I of Chapter 163, Florida Statutes; _
W I T N E S S E T I3_
a ter 163, Flarida Statu�es, permits
Si7KEREAS , Par
t I of Ch p
public ag�ncies as defined thereiri to enter into interlocal
agreements with each other to jointly exercise any power,
privilege, or authority which such agencies share in common and
�which each might exercise separately; and
WHEREAg � pa�ct II of Chapter 163 , Florida Statutes, requires -
the coordizta of local comprehensive plans with _tne
comprehensive plans of adjacent lacal governments and the plans of
school�boards and other units of local government providing
services but not having regulatory author3ty over the use of iand;
and � �
�,5� �e participants to. this Agreement desire �o �
establish an intergovernmental coor-dination program for reviewing
proposed changes to adopted comprehensive plans which fully
utilizes the existing Chapter 163 comprehensive planning process
c�rith mini.mal bureaucracy and expense for the participants; and
WHEI2EA.s , participation . in , this progr.am shall not diminish any
existinq local goverrunent ` s or .serviee provider ` s process or poWe-z'; .
and
W'Fi'EREAS, the participants desire to enter into this Agreement _.
F.xhihir A PaQe 1 of 35
to ptovide countywide coordination in the comprehensive plan
amendment process_
� NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is mutually agreed and understood,. by
among the undersigned agencies that now or may hereafter'execute
this Agreement, as follows:
. ARTICLE Z_ TITLE
This Agreement shall be }rnown arid may be cited as the
"Comprehensive Plan - Autendment Coordinated Review Interlocal
Agreement"_ . _
ART2CLE,II_ PURPOSE
The pc�'pose of this Agreement is to establish a courit=jrwide
Comprehensive Plan Amendment Coordinated Raview Process_ This
process is designed to provzde coordiriation of proposed plan
amendmerits , coopexation between af f ected Local governments and
service providess, and opportunities to resolve poteritial disputes
only within the Plan Alnenc�aen� Process with the lc�ast amount of
infr�ingement uPQn exist�g Processes,�.without undue processing
delays and without the necessity of siqni.ficant staffing or
consultant costs_ Specifically, the Comprehensive Plan Amendment
Coordinated Review Process will accomplish the following: .
A_ Proposed Plan Amendments shall have suffi�ient �"
distribntion �arid� � dissemination� to � insure that- �-ini.tia]:.
transmittal and final approval will not� occur wit.h.out
adequate notice to lbcal governments and service '
providers who may be adversely a�fected by the action_
Exhibit A Page 2 of 35
g_ An avenue �or discussion and evaluation of tt�e proposed
Plan Amendments is created so that the governiny body is
aware of objections, the basis for them, and the
reasonableness of the objection_
C_ An opportunity is created for conflict resolution of an
item which, if approved, may result in a potenti4�
problem for another local government or service provide�_
D_ The Compreherisive Plan Amendment Coordinated Review
Process does not diminish or transfer existing authority
�tith respect to planning and implementation decisions of
the participants_ �
ARTI{CLE I=T_ _ DEF�ZIIT=OPIS
The followi.ng definitions shall apply to this Agi�eement_ - _
"Act" means Part I of.Chapter 163, Florida Statutes_ -
"Agreemeat" lneans this Interlocal-Agreement, including an.y -
amendments or supp2ements hereto, executed and deiivared in.
accordance wit�i the terms hereof_
�'Clearinghouse�� means-the agency that provides the logistic
� support services for the Comprehensive Plan Amendment Coordinated
Review Proce.ss_
"Compreheusive Plan" means the plan adopted by a local
government pursuant to Chaptar 163, Part II, Florida Statutes� _
meetinq the requirements of Chapter I.63, Part =I� Florida Statutes �
and its 3.inplementing -rules _ .... . � _
-- "Conf-l�ict Resolution. Panel'�: means subgroup. of . the Interlocal
Plan Amendment Rev�ew Committee_
Exhibit A Pa�e 3 nf '2S
"Days" means calendar days.
"E�ecutive Committea" means the representative body of the
local governments and service providers responsible for the
oversight and administration of this Agreement.
"Fact-finding Panel" means a subgroup of the Interlocal Plan
Amendment Review Committee_ �
��Governing Body" Yaeans the board of county commissioners of a
county, the comraission or council of an incorpor�ted municipality,
the Palm Beach County School Board, the Governing Board vf the
South Florida Water Management Distric�, or the governing body of
a special -
"=nterlocal P}1aa �meadmeat Review Committee means tticr' bod�• . -
comprised of full-time_ pianning directors or other =similar .
position, from any -local governnxent paxticipant_ This gr�up 'is
charged with the major technical role in �.he Comprehensive�- Plan
Amendmerzt Coordinated Review Process_
��LOG3I. GOVPrnmep,t means the incorporated cities,. villages�:and
.towns within Palm Seach County and the County of Palm Seach. -
"participabts" means those local governments and�'" servi.ce �
providers who have ente*_'ed ijnto the Comprehensive Plan Amendment
Coordinated Review Process through this Agreement arid have paid the
annual participation fee as required in this Agreement_
. "Plan Amendment" means any change - or mod�ifi:cation� �=ta�`=' an�
. adopted comprehensive -plan -that =is. considered � a' compreh,en'si�re:�plan
amendrnent pursuant to Chzpter 163; Part II, Florida Statutes,.or• _
its irnplementing rules_ " �
Exhibi"t A pa�e 4 oE 35
"servico Providers" means the Palm Seach County School Board
the South Florida Water Management District, and all independent
special districts located in whole or in part in Palm Beach County
which provide services required to be addressed in comprehensive
r�lans by Chapter 163, Part II, Florida Statutes_
ART=CLE =V_ PA.RT=CIPATIQN_
Section 1_ All local governments and service providers
located in whole or in part in Palm Beach County are eliqible to
par�icipate in this Agreement_ Only the parties who execute this
Agreement and who have paid their annual participatiori fee are
considered participants under this Agreement_ Any local government
or seruice provider who is not a participant by October-1, 1993,
may become a'participant upon execution of a unilateral
Participation Agreement, in snch form as the acpceement attached
hexeto as Exhi.bit '�A�� _ _
Section 2_ Particinant General Oblicrations
- A_ All participants shall be obliged to pay an annual
participation fee_
. (1) The initial participation.. fee shall be $500 _ O.O per
participant_ 2his�fee shall cover participation
�rom October 1, 1993 to 30, 1994 and
shall be due and payable by October 31, 1993.
( 2) The participation fee shall be $500 _ 00 per year for
each subsequen� _._ ..year , � unless this : amount -. is
modif ied, as. authorized .. in Article . V, Section . 2._ F_.
No modification stiall increase the fee by moi thar-� ��
25� of the past year`s fee amount_ The annual
participation fee shall be due and payable by
October 1 of each �ucceeding year_
(3) Non-payment of the fee shall result in `the
suspension of participation in this Agreement
pursuant to Article XI, Section 7_
(4) A fee paid pursuant to this section shall not be
returned in. €ull or prorata amount upon a
partacipant's withdrawal from this Agreement.
Participants entering into this Agreement after
October l, 1993, or during any period subsequent to .
Seprtember 30 of each year thereafter, sha�l be
obliged to remit the entire fee amount.
B_ The Zocal governments employing -full-time planning
directors or other si.iailar positions are requi.red to appoint that
pexxson to the InterZocal Plan Amendment Review Committee.
C_ The iocal governments and service providers who-become
participants agree ta provide technical assistance by a
Fact-finding Panel or Conflict Resolution Panel established
pursuant to this Aqreement_
ARTICLE V_ EXECIIT=QE COHM=TTEE
Section 1 Creation/Purvose
There shall be��created�-an�-Executive Committee to provide
ovexsight - and direction �to �the Compreherisive � - Plan Atnendment
Coordinated. Review Process established this Aqreement�, in
accordance with and putsuant to the duties and responsibilities
F.xhibit A Pa�e 6 of 35
expressed herein_
Section 2_ Duties and Powers
The Executive Committee shall have the following duties,
powers and responsibilities:
A_ Prepare an annual budget_
B_ oversee the collection and expenditure of funds.
C_ Prepare an annual report to the participants -
detailing the activities and results from the
conprehensive plan amendments processed pursuant to
this Agreement.
D_ Oversee the operations of the various _�anels,
cor�unittees, and the Clearinghouse established
pursuant to this Agreement_ �
E_ Ma�e recommendations to the participants on ways to� �
improve the coordination process_
F_ Modify the annual_participation fee in accordance
with this Agreement_
G. By majority vote of the entire nembership of the
. Committ�e, inodify the time frames set forth in
Article VIII_
H_ Propose amendments to this Agreement pursuant to
Article XI, Section 4_
I_ 5elect the Clearinghouse f rom� interested
participants_
No enumeration of duties, powers, and responsibilities herein
shall be deemed exclusive or res�rictive, but shall be deemed to
Exhibit A �age 7 of 35
incorporate all implied powers necessary or incident to carryinq
�out the purposes of this Agreement_
Section 3 Membership
A. The Executive Committee shall consist of nine members,
selected from the following f ive categories in - the manner
specified, and shall meet the following criteria:
(I) Four elected municipal officials, selected- by the
Palm Beach County Municipal League_
(2) Two Palm Beach County Commissioners, selected by
the Palm Beach County Commission_
(3) One member of the Palm Beach County School Board,
selected by the Palm Beach.County School Board�.
( 4) One member of the South Florida Water Managemerit
District Governing Board, sel�cted by the South
F?orida Water Management District Governing Board_
(5) One Special District Representative, who shall
reside in Palm Beach County and represent a
District in� Palm Beach County, appointed by the
Regional Chair of the Florida Association of
Special Districts_
B_ Except for the Special Distri.ct Representative, all
members of the Executive Committee shall be a representative of a
participant. Each member shall have one vote on the
Committee_ '
C_ Each category as set forth in Paragraph A shall be .
entitled to appoint one (1) alternate_ The alternate frotn
Exhibit A Page 8 of 35
categories 1- 3 must be an elected official. If no �ther member
of the South Florida water Management District Governing Board
resides in Palm Beach County, the Executive Director or his
designee shall be the South Florida Water Management District
alternate. The Regional Chair of the Florida Association of
Special Districts shall appoint as the Special District alternate
a person who resides in Palm Beach County and represents a district �
in Palm Beach County. The alternate may act in place of any member
from the same category. :
D_ In the event there are no participants in a designated
category set forth in paragraph A, that category shall be deemed
.. deleted and all remaining categories shall constitu�e the Ex-ecutive
� Committee accordingly_
Section 4. Executive Committee Action
A. The affairs, actiores and duties of the Executive
Committee shall be vnderta]cen at duly called 3neetings pursuant to .
Section 9 heseof_
B. For any meeting of the Executive Committee at which an�
official action is to be talcen, a majority of the committee members
shall constitute a quorum, and a majority vote of the members
present shall be the act of the Executive Committee.
C_ A certif icate, resolution, or instrument signed by the
Chair, Vice-chair or such othe= designated person of the Committee
as may be hereafte�c selected by _ the Coaunittee shall be evidence of
the action of the Cotnmittee_
Section 5_ Election o�f Offiaers
, �xhibit A Page 9 of 35
� Once a year, and at such other time as may be necessary to
fill a vacancy, at a meetinq of the Executive Committee called for
the purpose thereof, the Committee members shall elect a Chair, a
Vice-chair, and a Secretary-Treasurer to conduct meetings�of the
Committee and to per•form such other functions. .as . herei.n �-provided.
Said Chair, Vice-chair�and Secretary-Treasurer shall serve one (1)
year terms unless they resign sooner pursuant to Section 7 hereof_
Section 6 Authoritv of Off icers
A. The Chair and the"Vice--chair shall ta3ce such action and
sign such documents on � behalf of the Executive Committe��nd in
furtherance of the purposes of this Agreement as shall be approved -
by resolution of the Committee_
g. The Secretary-Treasurar, or his or her designee, shall
]ceep mi.nutes of all meeti.ngs , proceedings and acts of the Facecutive
Committee but such minutes need not be verbatim_ Copies of all
minutes of the neetings of the Committee shall be sent by the
Secretary-�'reasurer, or designee, to all Comiaittee members and to
such other parties as requested.
Section 7. Resi ation
A. Any member may resign from ali duties and
responsibilities hereunder by giving at least seven (7) days prior
written notice sent to the Chair. Such notice shall state the date
said resignation shall ta]ce effect and such resignation shall take
effect on such date_
B_ In the event any� member shall =esign as the
representative o° a partici.pating group such participating group
�Yh; t,; r A Page 10 o f 35
sha?_1 appoint a new representative as expeditiously as possible_
C_ Any member, upon leaving office, shall forthwith
turn over and deliver to the Chair or Vice-chair any and all
records, books, documents, or other property in his or her
possession or under his or her control which belongs to the
Executive Committee and/or relates to this Agreement_
Section 8. L�abilitY
� No member of �he Executive Committee shall be liable for any
action ta}cen pursuant to this Agreement in good faith, or for any
omission, except gross negligence, or for any act of omission or
commission by any other member of the Committee_
- ' Section 9 _ Meetincfs -
A:' The E�cecutive .Committee shall convene at a meeting calied
by either a maj ority af the members or at the request of the Chair _
Meetings shall be conducted at such location� as may be acceptable
to the majority of the Committee. The Chair shall set forth the
date, time, location and purpose of each meeting and notice
the�ceof , unless otherwise waived, shall be furnished to each iaember
. by the Secretary-Treasurer, or his or her designee, not less than
seven (7) days prior_to the date of such meeting_ The Chair may
direct the Secretary-Treasurer to send the prerequisite notice for
any meeting of the Committee otherwise called in accordance with
the provisions hereof_
B_ Duri:.g October 1993 , the duly appointed members of the
Committee shal2 hold an organizational meeting to elect officers
and perform such other duties as shall be provided under this
- Exhibit A Page 11 of 35
Agreement_
ARTICLE VI- INTERLOCAL PLAN AMENDMENT REYIE4�7 COMMITTEE
A. Participant local governments employing full-time
planning directors or other similar position are required to
appoint that person as a member of the Interlocal.Plan
Review Committee_
B_ The functions of this Cotnmittee are as fo2lows:
(1) To provide participants, on a rotating basis, for a
Fact-finding Panel.
( 2) To provide participants , on a rotating basi�, --for a
Conf lict Resolution Panel_ �
�(3) To call for technical assistance from service
providers and other agencies which participate in
this coordination activity_ -
(4) To meet, at least quarterly, for the purposes of
adiainistration, consideration of referrals, reports
of subcomma.ttees, +general coordination �d
consultation, and the forwarding of reports of
actians to the participants_
C_ The Committee shall establish its own o=ganization and
rules of procedure consistent with the provisions of this
Agreement.
ARTICLE YIS_ CLEAR2NGHOIISE
A_ The Cleari:nghouse sha•11• be a° participant public agenc�r
B_ The Clearinghouse shall�be responsible for:
1. The establishment of an account into which the
Exhibit A Page 12 of 35
participatiori fees required herein shall be
deposited_
2_ The deposit and disbursement of funds in accordance
with generally accepted accountinq standards_
3. Securing and storing all adopted local government
comprehensive��plans, and all amendments thereto.
4_ Coordinating the Comprehens�ive Plan Amendment
Coordinated Review Process, as specified in Article
VIII, Section 3.
ARTICLE VI2I_ COHPREHENS2VE PLAN AMENDMENT COORDINATED REV=EA
PROCESS
Section 1. Local Goverflment Soecific Obliclations
A_ All participant local governments are obligated to do the
following: �
(1) Inform the Clearinghouse of :the notice of plan _
amendments proposed by other participants that it desires to
receive.
(2) Designate to the Clearinghouse the position or
individual who can file a written notice of intent to object and a
formal objection_
(3) Inform the Clearinghouse whether a formal governing
body action is required prior to filing a written objection_
(4) Provide the Clearinghouse with��a full copy of the
local qovernment•s adopted Comprehensive Plan within tYiirty._(30)
days of the effective date of this Agreement_� If a local
government becomes a participant after October I, 1993, the
Exhibit A Page 13 of 35
participant shall provide the Clearinghouse with a full copy of 5.ts
adopted Comprehensive Plari within thirty (30) days of the effective
date of the Participation Agreement.
g_ When processi.ng a proposed plan amendment to its own
Comprehensive Plan, the local government shall do the following:
(1) Submit all proposed plan amendment documents
. required by Section 3 A. to the Clearinghause at
least thirty (30) days prior to the local
government's�transmittal hearing.
(2) Meet with any objectors at least one time prior to
the transmit�al hearing on the proposed plan
amendm�nt_
( 3) Participate in fact-f inding as described in Section
3. �
(4) Include in the proposed plan amendment transmittal
to the Depa='tment of Community Affairs, or within
f ive ( 5) days of receipt if received after
transmittal, all written notices of intent to
object.and written objections received pursuant to
Section 3, the status of that objection, a fact-
f inding report prepared pursuant to Section 3, and
any report from a Conflict Resolution Panel
prepared pursuant.to Section 3_
(5) Considar participating in any Conflict Resolution
Pane� requested by an objector. The 'local.
government znitiating the proposed plan amendment
Exhibit A page 14 of 35
is under no obligation to participate in the
Conflict Resolution Panel process_
(6) For all proposed plan amendments, provide the
Clearinghouse with a copy of the full proposed plan
amendment; all bacicground materials, including the
supporting data and analysis; the objections,
recommendation and cotauients report prepared by the
Department of Community Affairs for the amendment
upon its receipt; the response to the objection,
recommendation and cQmment report prepared by the
local governnent; and, if adopted, the ame�dtnent to
�� the local g-overnment's comprehensive plan; the
notice of intent issued by the Departinent �f
_ Av Community Affairs; and any final orders or
compliance agreements dealing w�i.th the amendment_ -
(7) When it becomes available, provide the .Clearing-
house with a revised copy of the local governtaent's
Comprehen�ive Plan including all amendments-
C_ If the local government desires to object to another
local government's �proposed plan amendment, the objecting local
government shall do the following=
(1) Submit a written notice of intent to object to the
Clearinghouse and the local government i.nitiating
the proposed plan amenctment pursuant to Secti�n 3.
(2) Meet with the local government transmitting the
proposed plan amendment at least one time prior�to
�xhibit A Page 15 of 3S _
that local government`s transmittal hearing_
{3) File a written objection with the Clearinghouse
pursuant to Section 3.
(4) Participate in fact-finding as described in Section
3 if the local government files a written objection_ �
(5) Consider participating in any Conflict Resolution
Panel requested by the initiating local govern�aent
or other objectar_ An objector. is under no
obligation �to p.articipate in the Cor�flict
Resolution Panel process_ -�
(b) If the objection is to be withdrawn, file a written �
noti.ce withdrawing - the obj ection with the-
Clearinghouse and the local government proposing
the plan amendment_ -
Section 2 All other Particivants Saecific.Oblictations
Al1 partici�ants who_ are not ].ocal governments must comply
with the requireiaents of Article VIII�, Section 1 A. (1), (2). and
(3). A-non-local government desiring to obj ect to a proposed Plan
amendment has the same .obligations as an objecting local government
detailed in Article VIII, Section 1 C.
Section 3_ Plan Amendment Review Process
A. A plan amendment is prepared pursuant to policies and
procedure."s� of the � initiating local- • government. At ieast thirty
(30) days prior to the •� � body! s. transmittal hearing, an �
Executive Summary along with a copy of. the proposed plan amendment _
and supporting material, and the date,. time, and place of the
Exhibit A page 16 of 35
transmittal hearing, shall he furnished to the Clearinghouse_
g. Within five (5) days, the Clearinghouse shall distribute
the Executive Summary and hearing information to the participants
in the Agreement who have requested copies of the initiating local
government's amendments. .
C_ A wr itten notice of _intent to obj ect may be f i.led by any
participant.
(1) A written notice of intent to object must be filed
no later than fifteen (15)- days before the transmittal hearing_
(2) If a proposed. plan amendment is substantially
�odified between the submittal to the Clearinghouse �nd the
' transmittal of the a�ae.ndment, a written notice of intent to object
may be �`iled within ten (10) days of transmittal_
D_ The Clearinghouse shall immediately notify the initiating
local government of all written notices of intent to object -
received by the Clearinghouse_
E_ The initiating local government sha11 meet with all
objectors p�ior to the transmittal �earing unless the written
notice of intent to obj ect was f iled pursuant to Section 3-.C. ( 2)
above_ In that instance, the parties shall meet within €ifteen
(15) days of the submittal of the written notice of intent to
object to the Clearinghouse_
F. No later than fifteen (15) days after transmittal of the
proposed plan amendme�t, a participant who filed a written notice
of intent to object prior to transmittal may f ile a written
objection to the proposed plan amendment with the Clearinghouse.
Exhibit A Page 17 of 35
If a written notice of intent to object was filed after transmittal
pursuant to Sect ion 3 C.( 2) above, a written obj ection may be f iled
by that participant no later than thirty (30) days after the filing
of the written notice of intent to object_
G_ Upon receipt of a written objection; - Clearinghouse
shall notify the initiating local goverrunent and the Interlocal
. Plan Amendment Review Commit�ee of the written objection and
transmit a copy of the objection to the initiating local government
and the Interlocal Plan Amendment Review Committee.
H_ 2he Interlocal Plan Amendment Review Committee._shall
convene a Fact-finding Panel within ten (10) days of receipt-of the
. written =objection. The Fact-finding Panel shall revi�w the
objection pursuant "to Article IX and shall issue its opinion letter
no later than twenty (20) days after the submittal of the written
objection to the Clearinghouse_
I. After the Fact-finding Panel issues its opinion let�er,
any�party (the initiating local governme.nt and any participant
objectar) to the fact-finding may request conf lict resolution
pursttant to.ArticZe X_ The request shall be submitted in w�citing
to the Clearinghouse no later than ten (10) days after transmi.ttal
of the Department of Community Affairs Objection, Recommendation
and Comments Report. The Clearinghouse shall immediately notify
the other •parties of this request_ __ _Within ten (10 ) days of receipt
of notification from the --Clearinghouse, the. other parties . shall .
notify the Clearinghouse of their decision on whether or not to
agree to conf lict resolution. If the initiating local qovern:aent
Exhibit A Page�18 of 35
and any objector agree to conflict resolution, the Clearinghouse
shall notify the Interlocal Plan Amendment Review Committee, which
shall convene the appropriate Conflict Resolution Panel pursuant to
Article X.
Section 4. Modification of Time-Frames
By majority vote of the entire membership of the Executive
Committee, the Executive Committee may modify the time-frazaes set �
forth for any activity as specified in ArticZe VIII. -
ARTICLE I%. FACT-F=ND=ZIG PANEL �
A. The three person�fact-finding panel shall consist of
members of the Interlocal Plan Amendment Review Committee_. The
�� Chair shall be selected by the panel_
B.� The Clearinghouse shall provide the panel with� the
�"'�`ollowing information prior to the meeting:
(1) that portion of the Plan Amendment which is under
consideration; and
(?. ) the wr itten obj ection _
C_ The Chair shall arrange for testimony and technical
issistance frora participants as is appropriate_
D_ At the meeting, only the initiating local government, the
participant objector, property owner for a site specific plan
amendment, and any participant who has been requested to provide
technical assistance shall be allowed to present testimony. The
initiating local government shall present the item being objected
to, the reason for the proposed amendment, and its supporting-data,
analysis, and documentation_ This presentation may be supplemented
Exhibit A Page 19 of 35
by the affected property owner. The objecting party(ies) shall
make a presentation on the basis for its objection_ Technical
assistance testimony as requested by the Chair may be presented at
any time. The panel may ask guestions_ The Chair shall close
discussion with the participants and thereafter confine-�discussion
to panel members_
E. The panel shall specifically identify each objection and
shall issue an opinion letter including, but not linited to, the
following on each objection is filed:
(1j The obj ection appears to be one of r�iscommun,�cation
and that it appears to be resolved_
(2) There is insufficient data and analysis upon�-which
to support ei`her the amendment or the objection or
both_
(3) Su�ficient data and analysis has been provided and
a conflict appears to exist_ The conflict should
be resolved either-
(a) through;the normal Department of Community
Affairs review process; or
(b) in a conflict resolution forum such as
provided in Article X, mediating services of
the Treasure Coast Regional Planning Council,
or other iuediation forum_
F_ Within two (2) working days, the Chair shall fax an
opinion letter to the involved parties_ If warran�ed, a minority
opinion may be prepared by other members of the panel and provided
�xhibit A page 20 oE 35
concurrentl.y with the Chair's opinion letter_
ARTICLE X_ COKFLICT RESOLUTION PANEL
A. The Conflict Resolution Panel shall consist of three
members when performing facilitation services or five members when
performing mediation services. The panel..shall be composed of
individuals who are members of the Interlocal Plan Ax►endment Review
Committee_ The Chair shall be selected by the panel.. .
B. The Chair shall arrange for testimony and technical
assistance from participants as is appropriate. Testimony shall be
provided only through participants who are parties to the objection �
unless technical assistance testimany has been rec�uested by the
. Chair_
C� Two types of service may be provided. These are: �
(1) Facilitation .
a. A facilitation panel shall consist of three
members_ When the facilitation panel convenes
to review the objection, it shall seek to have
the parties reach a mutually agreeable
positson on the proposed amendment and the
obj ectiori to i.t _
b_ The faciiitation panel shall declare when its
wor}c has been finished or an impasse has been
reached. At that time, the Chair shall write
a letter docunnenting the meetings which were
held, the evidence and testimony received,
points of - agreement, and points of
Exhibit A Page 21 of 35
disagreement_ The letter shall be transmitted
to participating parties and the Department of
Community Affairs.
(2) Mediation
a_ A mediation panel shall -consist of five
members_ In addition to functioning as a
facilitation panel, the mediation panel shall
provide a statement recommending a method of -
resalving any remaining points of
disagreement_ If there is not ur�animous
consent among panel members, a
opinion may be issued_ It shall accompany the _
majority position_
b_ As with the facilitation panel, the Chair
� shall write a lettex documenting the meetings �
which were held, the evidet�ce and testimony
received, paints of agreement, points o-�
disagreement, and recommendati.on_ The letter
and any minority opinion shall be transmitted
to participating parties ar�d the Department of
Community Affairs_
ARTICLE gZ. MISCELLANEOIIS
Section 1 Dele�[ation of DutY_
Nothxnq contained herein��shall l�e deemed to authorize the
del.egation of the constitutionai or statutory duties of the state,
county, or city officers.
Exhibit A Page ZZ of 35
Section 2_ Filinq
A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County.
Section 3 Limited Liabilit�
No participant shall in any manner be obligated to pay any
debts, obligations or liabilities arising as a result of a..�
actions of the Executive Comznittee_ The Executive Committee members �
have no authority or power to obligate the par�icipants in any
manner.
Section 4_ Amendments�
This Agreement may be amended in writing at any time_by the
con�urrence of a two-thirds vote of the entire membership of the �
Executi Committee and subsequent ratification by all of thz
participants in this Agreement and any Participation Agreement_
cection 5_ Controllinc� Law _
This Agreement shall be construed by and governed by the laws
of the State of Florida_ -
Section 6 Effective Date/Term
This Agreement shall be effective on October 1, 1993, and
shall- continue in full force and effect unless all the participants
withdraw in accordance with Section 7.
Section 7_ Withdrawal
Any participant may withdraw as a party to this Agreement
after October l, 1994, upon sixty (60) days written notice to the
Chair of the Executive Committee_ Any participation fees pai.d will
not be returned and the participant will cease activities in the .
Exhibit A Page 23 of 35
program outlined in this Agreement_ Suspension of participation in
this Agreement will occur upon the nonpayment of the fee prescribed
herein or for the nonperformance of any of the terras and conditions
of this Agreement by any participant_ The suspension will be
effective thirty ( 3 0) days after date - of - notice -- from the
Clearinghouse that noncompli.ance has oc�urred. Any participant
receiving such notice shall have an opportunity to cure i.ts
noncompliance in a reasonable time_ � Ugon compliance, the
participatnt shall be notified by the Clearinghouse of� its
reinstateu�ent as a participant_ .-
IN WITNESS WIiEREOF, this Agreement has been executed by the
particip�ants as of the date and year indicated above_
� �, t-. �' � CITY OF ATLAIZT=S
~� �= ATTEST : -
I g ' / l" ' �� - '`^ i `' ` �7''
� BY : - f' �'`.: ,G'/�c�^� • -- ' � - : . , :
" Ci�y �Cl� _ Clyde F_ Farmer , Mayor
/
�.� t = �
_ �:�° -- -
J A ATTEST:� ':• *BELLE GLADE 1
: - � . ,,
- $y : /...�G+e
"�� � z`y Clerlc ill Bailey, Mayor
� - - *�lothing in this agre�lt wi11 au =ize the
delegation of an:rnin.ici tive ai:.thority.
ATTEST: CITY d BO T�
%
� ; - �. ' - ' . _ ' C- �
BI' , :.. � �ili - SmS�tth, May.o "
City C2er}c _ � i � - � /�
'� �
� �'
Exhibit A Page 24 of 35
ATTEST_ CITY OF BOYNTO BE�CH
�{� � R _ � �
By: fd'���J �c.L��'�.¢�t _ Y
Cit� Clerk �.� � j E. F. Harmening ayor
/
ATTEST' TOWN OF BRINY BREEZES
.. �� - � ��.
By : $1 ' � �� .
2own }c ( „��„� ,iHiigh David, Mayor
A EST: � TOWN OF CLOUD LAKE
By : �� By : ' `
Town Cle k Rober� R. Reynolds, III,
Council Chairman � .
ATTEST`� C=TY OF DELRAY BEACH
. r: �L � sY:
City Cler]c � o as E� ch, Mayor
ATTEST: VSLLAGE OF GOLF
J �
�(� � ,,.,,..�/�- ��-'- -~
By : �� � T//���-- BY : �"., :
viZlage C��rk Donald H. Gustafson, Mayor
ATTEST: CITY fJF GREENACRES
By: /i. $Y=
ity Clerk mu _ erreri, Mayor
' � Exhib it A page 25 of 35
ATTEST: � TOWN OF GULF STRF�IM
,
�� ' /f � �
y�. By : ,/� � V �
By : �.d� �
� Town Cle k lf�lliam Koch, Jr., Mayor
ATTEST' TOWN OF IiIGHLAND SEACH -
� � / � �y �
By By' c^
Town Cler3c " Arlin Voress, Mayor
ATTEST: TOWN OF HYPOLUXO
_ \ 1
� .� ' �, - ;' � � � $ : - �p i�-��z�� .
-. $y: l:-Y�:o.��/'.�f.�-�.� �. --��• �
Tow� Clerk A1 Merion, Mayor -
ATTEST: � TOWN OF JUNO BEACH
��� �
� .g : (� �e'- �`" BY = �ic4'A2�i� /'!J. �Qili1„r.
y Frank W_ Harris, Mayor
Town Clerlc (
. � •. . - .
- - . •--= ATTEST : ... � . TOWN OF JUPITER
. . / g �a,/�` -�
B � �� y .
y ' " Karen Golo ka, or
Tocdn eler .
ATTEST - TOWN OF JUPITER INLET COLOi�IY
gY : � gY = CHOSE Nt7T 'PO PARTICIPA� AT TfILS Tiii�
Town Clerk Nicholas F_ Porto, Mayor
Exhibit A Page 26 of 35
� ATTEST� . TOWN OF LAKE CLARKE SHORES
a �G�7v�..�v ,�. G.�u :U s :
Y = �`-
To�3ri _r3.erk - . Gregor asey, Mayor
` !-` _- � �•- .
• ` ' . - -
ATTEST- CITY OF LA.KE WORTH
�-- {SEAL)..
�-�
By : ✓ � i d .� $Y = " - � � ' --
�f bara A. For- s� � e, R dne . R'dmano , Mayor "._ —=
C�y Clerlc � - . : . _ . '. _ -
DATE � �� 93 - �-- :
ATTEST: TOWN OF LAN�ANA •. __
. �, - - __.- .
F : Ry = c� v/V�l �i:� C.c--'_.c..c�Y� � BY = --
- Tr�wn Clerlc Rober . McDonald, Mayor
�_ - � ' _ •
C. _ - .
-� . . -
ATT�ST: TOWN OF MANALAPAN .
B B /�' �• Z�> Z��/ -�-, �
Y= - ,,..p - Y :
Charles H_ Helm, •� G. Kent Shortz , M_ D., Mayor
Town Clerk
ATTEST _ TOWN OF ONIA PAF2K
l� ��
BY =x � + ' �� 1 , ,C-: / BY - : � � %? -,
Town Clerk -` ) ,� G e M_ Englis , 2�8yor
�
?1`Z"rEST : ° TO OCF.AN R � E '
. �
� / . .
3 Y= Q/. p,s .�.!���/I-</:�.�F' By= —
' Town Cler]c � Daniel J_' O' Connell, yor
Exhibit A Page 27 of 35
,. .
ATTEST_ CITY OF PANOKEE
By : ��Q��l�' ���y BY : —c.-�.-�-✓: l
City Clerlc Ramon Horta, Jr., Mayor
ATTEST_ TOWN OF PALM BEACH -�
t . //� � .G�e� � rl/
�
C�� To Cler}d� " M.� William Weinbu ,
Town Council Pre dent
DATE:
ATTEST� PALM BEACH COUNTY BOARD OF �OUNTY
� . COMMISSIONERS -
DOROTHY�H_ WILKEN, Clerk .
, ! `��� � _. .
a ����
By ' Mary�-McC�ty, Chair
�� � Cler}c - _ .
_ R 4 8 0 2 . �'�G<<=Y;���,.
' ` � = C� a = ^ : �c:
APPROVED AS TO FORM =�, ���� L- "'^ •� ''
i-c.� /�. `� ._r '/
AND LEG SIIFF CIENCY � �, � : �' :
:C: C : is'ti i Y, : �
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'. � �� t� � ;:3 '�, � ,
By County tto ney f rt `�3) ;� S��-
�•..�.... _-��
ATTEST: CITY OF PALM $ACH ENS
- � .- „ .
BY . . • By= � � �
ity Clerlc S� h R_`Russo, Mayor.
c �� FtC�it7A.:AUh'TY OF PA! M B�ACH
l. r= :F'tv 1!:Y ri_ 'N� LKF�:, °Y-0�r �o G1�•k o! i���
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, �: = .__ . _..__ ._. _ __, _.
,. ,� �-� ---- - _ � - -
'; � � ,,_.,�_"� . : Exhibit A
ATTEST: - TOWN OF PALM BEACH SHORES
-� � ',� ��� .�
g : �cz.-> > dt � � . �-� , , �.<.� � BY : ,filc.Fv.ti-ar�f �c
Town Clerk Thomas Chilcote, Mayor
EXECUTED on v i;'y:i by authority of the Village Council
as provided"in�ResolLftion R93-19. .
ATTEST: VILLAGE COUNCIL Oc THE VILLAGE OF
PALM SPRIN �
� � � ' / a ./�.�'� /,�^
By= /E=r� /. _ 1i�: -����:.�-_ Y=
, � - . ` - Irene L. Burrou�Ks, - Richard H_ Jette; /�ayor -
" Village Cler]C � ��
(SEAL) .
ATTEST: F CITY O RIVIERA BEACH -
�� �� .
�Y : ` ' /`�`� BY � / l/-�� � � G/��������� ;��-
: T Q e ' Clara K_ Wil'iiams - -
- • �V L
/ �Q j _ .� //"� , �
Mayor, City of Riviera Beach
=---� _,!�:-� -
� -
." � � -
ATT£ST: �i� VILLAGE OF ROYAL PPZM BEACH
f ,. .
- - ' L����
By _ � By = � / _
'yllag Cler}c ' Tony as" otti, Mayor
�
ATTEST: CITY OF SOUTH BAY
:
i;� � / J % �/ --� -
By. '.� �'� `-L t-i l� ( .1-(. � SY: /� �-:-' — _ -- - -
city Cierk L `C-�. .ence Ma r
B _ L �
Y'
' Bazi AndeL`s , c�.rce Mayor
Exhibit A Page 29 of 35
ATTEST� TOWN OF SOUTH PALM BEACH
. ; ; � .-
g �, : : _ B :
_ Tow lerk Mar _ Roberts, Mayor
ATTEST: � VILLAGE�OF TEQUESTA.
.,,° . _ ` $Y _ � ��j'� _
� �� ' ��iS6 �.�� t
' ,:�• � o�.cn C 1 erk Ro T'_ Ma cJca i 1, May r
<i'• . : _ -.�- -
� . .
L� •
\� . �
.`.-.ATTEST» : CITY OF T PALM BEACH . .
�_- " - -
gy BY: - - -_
Agnes Hayh ` t, isancy/M. � Graham, Mayor -
' . . - City Clerk ��
- • :;: . .
(INTENTIONALLY LEFT BLAI�K)
Exhibit A Page 30 of 35
ATTEST: BOCA RATON AIRPORT AUTHORITY
BY =/�!�---•c= �-� �� /�-�" By = ( _ � =�/.�'/�!-Jl.�''��
�� eor�'e W_ Blank, Chairman
/
ATTEST: LAKE WORTH DRAINAGE STRICT
BY : %�- BY :
William G./ inters, �"John I_ Ahitworth, IZI,
Secretar� President
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
s -/ � _ .
M � !At rney f or -
ake Wox D inage District
ATT . ' LOXAFiATCHEE RIVER ENVIRONMENTAL �
� CONTROL DISTRICT
:
. : r _ J�
� f • -
By: (Cf�`�� -- �` BY= ..
_ R`tck Dent, George G_ Gentiie, Chairmz.n
Executive Director
ATTEST� �-_ SOUTH INDIAN WATER CONTROL DISTRICT
� / � !
By : /�--- � � � G�/ '� BY:
Ga M_ Engli , �T mas H_ Powell, President
General Manag� c
or: � �
�
avid J_ Bea , Vice-President
G:�qengovt\dmd�suggtxt_mep
Exhibi.t A Page 31 of 35
A�ITEST: NORTf-LERN PALM BEACH C
�yATE 1QTROL DISTRI
�
B : �r �By:
y -
Petc Pimcntcl, District Sccretary William Kcrslake, Presidcnt
�APPROVED AS TD FORM �
AND GAL S � .
r' -
BY- = _ � - � =
Ken Ed�vards, I..cga.I Cocuiscl ` �- : ' ' -
✓ • �
`� . _o'_ _ .' . _I . �
A ' SCHOOL BOARD OF PALM BEACH' _. �` � i: � -
COUI�ITY � ���
By: �- 1'i�--�--�� �L.�C, t/L-> BY � � .
Monica Uhlhorn, Supeririicndcnt 1 Bjork. nnan ..
(INTENTIONALLY LEFT BLANK)
Exhibit A Page 32 of 35
AZTEST: LOXAHATCI-iEE GROVES WATER
CONTROL DISTRICT
�---- C � - 1_
B � B �-� c��� ��d�c
Wiiliam H. Thrasher, Distn Director Mcredi Fox., Chaicman of ihe Board of
Supervisors
(INTENTIONALLY LEFT BLANK)
Exhibit A Page 33 of 35
PARTZCIPATION AGREEMENT
THIS AGREEMENT dated this day of .
J.993, entered into by and among '
a
(local government or service provider)
hereinafter "New Participant", and the various parties executi�ig
the Interlocal Agreement dated October 1, Z993, hereinafter "Master
. Agreement";
w z 2 x E s s E T s: .
WSEREAS, an i.ntergovernmental coordination program for
. reviewing proposed changes to adopted comprehensive plans; which
.fully utilizes the existing Chapter 163 comprehensive p
process w�th minimal bur�eaucracy and expense for local governments
and service providc;rs has been established as evidenced by that
certain Interlocal Agreement�dated October Z, 1993; and
WSEREAS , � -des ires to become a -
participant under said agreement; and
T�FHEREAS, pursuant to Article IV, Section 1 of the Master
Agreement, participation is �uthorized upon the sxecution of this
unilateral Participatian Agreemant. ��
NOA, THEREFORE, in cons�deration of the mutual covenants
contained herein, i.t is agreed and understood by.and among the
undersigned New Participant and the participants in the Mas.ter
Agreement as follows:
1. Upon executi.on of this Agreement and upon payment of the
annual participation fee prescribed in Article IV, Section 2 of the
Master Agreement, New Participant will become a.pazticipant iri the
Exhibit A
EXH(BlT Page 34 of 35
Master Agreement recorded in the OFficial Records at Book No_ ,
Page
2_ The New Participant shall enjoy all the privileges of,
and shall be bound by all the terms and conditions of, the Master
Agreement.
3_ The participants in the Master Agreement agree to the
inclusion of New Participan� in accordance with Article IV, Section
. 1 of the Master Agreement as it is acknowledged that the inclusion
- of an additional participant furthers the intent and spirit of the
Master Agreement and the ultimate goal of providing planning
coordination amonq all local governments and service providers_
f 4_ A copy of this Participation Agreement shall b� filed
with the Clerk of the Court in and for Palm Beach Caunty and with '
the Clearinghouse_. . -
5_ This Participation Agreement shall be effective upon
execution and filing pursuant to Paragraph 4 and shall continue in
full force and effect unless htew Member withdraws pursuant to
Article XI, Section 7 of the Master Agreement_
IN WITNESS WHEREOF, �tiis Agreement has- been executed by
.
as of the date and year indicated below.
By:
Its:
Date:
C: \gengovt\dmd\particip _ agt ` �_.���� � ±F�� E ` L ..1,1�5, �.JU�: . `J� t�t;! ��, tiC4;��
_� G G U� Ttti,� i��F?O i H', : 4YiLK�N, er_-��ii�:� ��: _, .` ;-
: 1 �.:•_ - Y •
= o_ ' -'- }" [�`a:� � _. :i_:;: • ��.'_ -1��S:Cr.==S:.c:!i:��:�� _ _ _ .
� `' .'_ �rt v�� ,��� :i.� r�_l�: v_ .:� :t>a: �'��4,�'�.'. -- '--
� � Q• �`\ 1'�i.?�� t ) � � � �, l �, � S � `� ..
� �; C O U �V � � (�L (� p; '/•��`_. �cl- �_c:' Ci_ :i'( -1 I . I 1 _/ % � .
�� , '� ' �/Jr`.1��% f� : - �L _�.,�. ._ "�?:: �� �
� �-; � �% i �'' " E: = . ' / . . -
.. . . . .� -r'� � ,Zlr, . l _
•
EXHIBIT B
Implementing Ordinance Elements
SCHOOL CONCURRENCY ORDINANCE
BASIC FRAMEWORK
See Interlocal Agreement
A. Applicability (required concurrency determination)
1. Applies to:
a. All new residential development orders
b. Amendment to existing development orders which increase the number of
residential units
2. Does not apply to:
a. Project with no impact on school attendance, i.e. non-residential or elderly
restricted housing, or single family platted lots
B. Establish Level of Service Standard and Application of Standard
1. Level of Service standards 110% and 120%
a. How measured
b. Test for Level of Service
2. Concurrency Service areas (CSAs) _
a. Application of CSA
b. Amendment of CSA
3. Assured constxuction - definition (budgeted, adopted, and scheduled school
construction)
4. Standards for mitigation
5. Procedures for residential deveiopment phasing to assured school construction or
mitigation �
C. Procedure for Reviewing Development Applications
1. Documents which must be submitted for review
2. The point in the process at which evaluation must occur. Generally, before any
development order is issued.
3. Transmittal to School District (process, time frames)
4. Evaluation and comments of School District (time frame)
5. Incorporation of conditions of approval into development order
6. Appeals of School District decisions
D. Procedure for School District Review
l. Transmittal to School District for review
2. Time frames for review and comment
3. Effect of comments
H:\DATA\WPS l\DOC\CONCRNCY�SECTION\INTERLOC\EXHB
�
•
EXHtBIT C
PARTICIPATION AGREEI�IE�IT
THIS AGREE�I�IT dated this day of , . entered into by arid
- among the • , a municipal government, hereinafter "New
� Participant", and the various parties executing the Public School Concurrcncy Interlocal Agreement
dated , tiereinafter "School Concunency AareemenE";
�i� ITNESSETH:
W'HEREt�S, a public school concurrencv pro�ram has been established as evidenced by tbat
certain Interlocal A�reement dated �� ; and
VVHEg�ctS, desires to hecome a participant under said
a�reemen[; and
VV��REAS, pursuant to Articte XII, Section C of the Schoot Concurrency A�eemen�
participation is authorized upon the execution of this unilateral Participation A�reement_
NOW, THEREFORE, in consideration of the mutual covenants contai.ned herein, it is ag�
and understood by and amoug the undersigned New Participant an.d the participants in the=School
Concurrency Aareement as follows:
I_ �Ipon execution of [his r��reement, New Participarct will become a participant in the
School Concurrency A�eement_
2: The New Participantshall enjoy aIl the priviie�es of, and shall be bound by alt the
terms and conditions of, the School Concurrency Agreemeni_ "Ihe New Participant
� shall adopt the required comprehensive plan amcndments pursuaat to Article II,
Section B as soon as possible after execution of tlus Participation Agreemen�
�_ The participants in the School Concurrericy A�reement a�ee to the inclusion of New
Participant in accordance with Article XII, Section B of the Schoot Concurrency
Agreement as it is aclrnowiedged that the inclusion oE an additional participant
fiirthers the intent and spirit of the School Concurrency A�reement.
�i_ A copy of this Participation� A�reemen[ shall be filed wi[h the Clerk of ttie Court in
anc' for pain� Beach Coun[y a.nd wi�h [he Tectu�ical Advisory Committee established
i
by Article VI, Section A of the School Concurrency Ageement_
5_ `Chis Participation Agreement shat-1 be effective upon execution and filing pursuant
- to Paragraph 4 and shall continue in full force and eEfecc unless New Member
withdraws pursuant to Article XII, Section B of the Schoo! Concurrency Agreement
or the School Concurrency Agreement is otherwise tercnivated_
IN VVITNESS WHEREOF, this Agreement has been executed by -
, as of the date and year indicated �
below. � .
By. � -
Its:
Date:
- 2
i
EXH(BIT D
Student Generation Multiplier Table
TOT�i� F(,!El�IC PUFiLIC PUBLIC � FUBL_IC
SAh1FLE SCHOOL SCHOOL SCHOOL. SCHOOL
� SEZE k_—!? Y.-5 6-8 9
ALL HOUSE TYPES
L BEQf't 7G � i_<�4 _ cj _ 04 G_ i�C� c� _ cjc�
2 BEDR ' 2�? U_ 12 C� _ 08 O_ 02 c i_ c� �
J BEDR ?45 �� _ SC� O_ IS [� _ i� c i_?^
�{- �ED� ?6 cj_d9 O_38 O_ IS C�_ IS
�-It•IG. FRMZLY DETRCHcG A!'�tt�. FtTTAI;HED
? �R L.ESS 12� �J _ 19 t� _ 14 t7 _��.� c1 _�� V
3 B�R . � 217 �_ SS O_ I7 O_ 12 U_ 23
J-+- BEDR 7(� �,_�^ O_ 40 O_ 17 �_ 1 S
! Ot�! F7ZSE MULTI _ F�M7L�C C�. S�OC' � eS�
2 SEDF'i ?8 i'�_ �3t; 4_ Ov U_ t�v v_ i;ci
"' BED� � = �-� - 1 �!' O _ 06 U _ ��• �� _ n I
"��EQFi 2 6 O_�� e c7 _ V5 O_ 16 O_ 16
��- F3EDFi � t�_bb O_.S�• 4_O� O_i?j
MII'i RISE MULTI _ FA!`tILY �3 s�-or �e�� .
I$EDFt ` I� C� _ 00 O_ 00 O. 00 U_ t3U
2 ��K ?� 4_ U�� O_ 00 O_ Od O_ OU
3 BEDf� i O_ C20 O_ 00 O_ 00 O_�O
J' REDR � j O_ 00 O_ 00 O_ 00 O_ 00
HIGH RESE MULTI_ FRMILY `� ���5 c
. �
1 BEDR S O_ OU O. OU O_ C� _ 00
? BEDR i9 O_LO O_00 O_OU O_LU
� BEDFC S O_ Ot� C� _ 00 O_ 00 O_ 00
.:+ BED� _ �� . On o_ OC� O. OC> O_�O
MOFtILE HOME �
L BEDR 1 G_ c�O O_ OU O. O�J O_ i i�, .
� BEDE2 I C� c} _(�v U_ OC� O_ 4O Cj _ ��C>
.:. BED� � �1 _ UG O _ 00 �j _ OG i� _ ��i ,
�-+- SED� 1 C� - c��' O- 4Cj •U _ UQ c� .<��� .
EXHIBIT E
Projected Units Table
Dwelling Units
Concurrency
Zone 2000 to 2001 2001 to 2002 2002 to 2003 2003 to 2004 2004 to 2005 2005 to 2006
2001 new units 2002 new units 2003 new units 2004 new units 2005 new units 2006 new units
1 31,116 1,022 32,138 1,022 33,000 862 33,861 861 34,720 859 35,544 823
2 5,456 195 5,655 199 5,828 172 6,004 176 6,184 180 6,362 177
3 20,911 479 21,391 480 22,143 752 22,912 769 23,701 789 24,482 781
4 5,943 45 5,995 52 6,201 205 6,420 219 6,652 232 6,888 236
5 29,408 121 29,540 132 29,662 122 29,794 131 29,934 141 30,078 144
6 1,857 64 1,919 62 2,017 98 2,113 96 2,208 94 2,298 91
8 26,918 252 27,164 246 27,369 205 27,572 203 27,774 202 27,967 193
9 5,322 158 5,483 161 5,620 137 5,758 138 5,897 139 6,031 934
10 21,092 892 21,984 892 22,745 761 23,515 771 24,291 781 25,057 760
11 20,352 120 20,475 123 20,581 106 20,690 109 20,802 112 20,912 110
12 26,233 408 26,655 421 27,023 369 27,405 381 27,799 394 28,190 391
14 42,417 191 42,619 202 42,793 175 42,971 178 43,151 180 43,326 175
15 37,605 425 38,050 445 38,432 383 38,818 386 39,206 388 39,583 377
16 15,750 521 16,266 516 16,701 435 17,134 433 17,569 435 17,990 421
17 43,606 869 44,487 884 45,225 738 45,954 729 46,672 798 47,349 677
18 9,029 396 9,408 379 9,746 338 10,092 346 10,449 356 10,801 353
19 44,789 912 45,684 895 46,697 1,013 47,696 998 48,677 981 49,601 924
20 59,624 888 60,500 • 876 61,545 1,045 62,568 1,023 63,567 999 64,502 935
21 107,909 743 108,618 710 109,405 786 110,156 752 110,871 715 111,522 650
Glades 11,280 19 11,302 22 11,321 20 11,342 21 11,364 22 11,386 22
Total 566,618 8,720 575,333 8,746 584,055 8,722 592,776 8,721 601,495 8,719 609,869 8,3�4
�