File #: ORD 2024-002-2    Name: Public School Concurrency Land Development Code Amendment (Second Reading)
Type: Ordinance Status: Passed
File created: 5/3/2024 In control: City Commission
On agenda: 5/23/2024 Final action:
Title: AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 13, "LAND DEVELOPMENT CODE," ARTICLE II, "SUBDIVISION REGULATIONS," DIVISION 1, "GENERALLY," TO AMEND SECTION 13-147, "PUBLIC SCHOOL CONCURRENCY," IN ACCORDANCE WITH THE THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING OF BROWARD COUNTY, FLORIDA AND THE CITY'S COMPREHENSIVE PLAN. (SECOND READING)(PUBLIC HEARING)
Indexes: Amendment, Land Development Code, Ordinance, Public Hearing, Public School Facility Planning, Second Reading
Code sections: Chapter 13 - Land Development Code
Attachments: 1. ORDINANCE 2024-002-School Concurrency LDC Amdmt (2nd Reading), 2. BACKUP-Resolution 2017-325-Third Amended and Restated ILA, 3. MINUTES-2023-0809 PZ Mtg, 4. MINUTES-2024-0111R Commission (Ordinance 1st Reading)
Related files: ORD 2024-002, ORD 2024-001-2

AGENDA ITEM REPORT

TITLE:

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AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES, BY AMENDING CHAPTER 13, “LAND DEVELOPMENT CODE,” ARTICLE II, “SUBDIVISION REGULATIONS,” DIVISION 1, “GENERALLY,” TO AMEND SECTION 13-147, “PUBLIC SCHOOL CONCURRENCY,” IN ACCORDANCE WITH THE THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING OF BROWARD COUNTY, FLORIDA AND THE CITY’S COMPREHENSIVE PLAN. (SECOND READING)(PUBLIC HEARING)

 

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BACKGROUND:

This item was approved on First Reading at the January 11, 2024, City Commission Meeting. Contingent upon the adoption of Ordinance No. 2024-001, Public School Concurrency Comprehensive Plan Amendment, City staff recommends approval of the Land Development Code text amendment ordinance on Second Reading.

The City of Coconut Creek must amend Section 13-147, “Public school concurrency,” of the City’s Land Development Code to reflect changes made in the Third Amended and Restated Interlocal Agreement (TRILA) for Public School Facility Planning and to maintain consistency with the associated Comprehensive Plan amendments.

Broward County municipalities, including the City of Coconut Creek, and the School Board of Broward County (School Board) are governed by an Interlocal Agreement (ILA) establishing a public school concurrency program for joint comprehensive land use and school facilities planning. Public school concurrency is a growth management tool to ensure that public school facilities are available to serve new residential development by the time that new residential development starts to place demand on infrastructure.

In 2010, the School Board and the City amended the agreement to include a major update to the public school concurrency program, which required the City to amend its Comprehensive Plan and Land Development Code at that time. The most significant change was to the Level of Service (LOS) standard: changing it from 110% of permanent capacity (brick and mortar only) of each school to 100% of gross capacity (brick and mortar plus portables) until the end of the 2018/19 school year.

Anticipating the expiration of the 2018/19 LOS standard, the School Board and a sufficient majority of municipalities, including the City of Coconut Creek, approved a new LOS standard as discussed below. Residential development in the City has been reviewed under the new standard adopted in the TRILA since its approval in 2017. However, amendments to the City’s Land Development Code are required for consistency with the TRILA LOS standard and with the associated Comprehensive Plan amendments.

DISCUSSION:

The proposed amendments to the City’s Land Development Code update the new LOS standard and make changes to statutory references. TRILA’s new LOS standard is 110% permanent capacity or 100% gross capacity, whichever is higher. These amendments to the Land Development Code will be consistent with the proposed amendments to the City’s Comprehensive Plan.

In an effort to determine how the new standard has impacted the eight (8) schools serving the City, staff reviewed public school concurrency data provided by the School Board. All eight (8) schools serving the City currently meet the new LOS standard and are projected to meet it for the next three (3) school years. Note that Atlantic Technical College and Dave Thomas Education Center are not included in the public school concurrency program. Future residential development that was not vested for public school concurrency prior to the adoption of TRILA will be required to meet the new standard and pay school impact fees.

RECOMMENDATION:

The Planning and Zoning Board, at its August 9, 2023, meeting, recommended approval of this ordinance, and staff recommends approval of this ordinance.

FISCAL IMPACT: N/A