The purpose and intent of this article is to ensure that adequate potable water, sanitary sewer, solid waste, stormwater management, recreation and open space, and school public facilities are available to accommodate development concurrent with the impact of development on such public facilities, consistent with the LOS standards for those public facilities adopted in the comprehensive plan. This objective is accomplished by (1) establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities to service development, and (2) by establishing a regulatory program that ensures that each public facility is available to serve development concurrent with the impacts of development on public facilities.

The city council has the authority to adopt this article pursuant to Fl. Const. Art. VIII, Sec. 2, the Jacksonville Beach Charter, F.S. § 166.01 et seq., F.S. § 163.3161, F.S. §§ 163.3177 and 163.3202(2)(g).

The following shall be exempt from the requirements of this article:

(a)

Planned Unit Development and Redevelopment District. A development order for a final development plan for a planned unit development or Redevelopment District approved on or before the effective date of the LDC, unless it:

(1)

Expressly states otherwise; or

(2)

Expires according to its terms or any part thereof, including its timetable for development; or

(3)

Fails to comply with its timetable for development for any phase, in which case the development shall be subject to the terms of this article as it relates to that portion of the development that fails to comply with the timetable of development; or

(4)

Is amended to increase the intensity or density of development such that there is an additional impact on adopted LOS standards for public facilities; or

(5)

Is invalidated in whole or in part.

(b)

Plat. A development order for a final plat for subdivision approved on or before the effective date of the LDC, that is proceeding in good faith by developing the subject final plat for subdivision.

(c)

Building permit. A development order for a building permit issued prior to the effective date of the LDC, unless it:

(1)

Expires according to its terms or any part thereof; or

(2)

Is invalidated in whole or in part.

(d)

Development alterations or expansion creating no impact. Development alterations or expansions that do not create additional impact on public facilities, including but not limited to:

(1)

Construction of room additions to dwelling units; or

(2)

Construction of accessory structures to dwelling units, including swimming pools, garages and fences; or

(3)

Additions to nonresidential uses that do not create additional impact on public facilities; or

(4)

Residential docking facilities for use by the residents of the property on which the dock facilities will be located; or

(5)

Replacement of an existing dwelling unit when no additional units are created.

(6)

A development that consists solely of development activity which has no vehicle trip generation, or no new vehicle trip generation in excess of that associated with existing development, in the case of redevelopment activities.

(e)

Public facilities. All public facilities provided by the City of Jacksonville Beach necessary to ensure the protection of the health and safety of the citizens of the city.

(f)

Temporary sales. Any permits for outside retail sales of holiday or seasonal items.

(g)

Public transportation and mobility facilities. Transit stations and terminals, transit station parking, park-and-ride lots, intermodal public transit connection or transfer facilities, fixed bus, guide way, and rail stations.

(h)

Educational services. Public and private primary and secondary educational schools, including any on-site ancillary facilities.

(i)

Single-family and townhouses (max of two (2)) dwelling units. Construction of no more than two (2) dwelling units on a lot of record.

In order to ensure that adequate potable water, sanitary sewer, solid waste, stormwater management, park and public school facilities are available concurrent with the impacts of development on such public facilities, the city shall establish the following management and monitoring practices. Their purpose is to evaluate and coordinate the timing, provision and funding of public facilities so that they are being adequately planned for and funded to maintain the LOS for such public facilities and to evaluate public facility capacity for use in the regulatory program to ensure no development order is issued unless there are adequate public facilities available to serve the development concurrent with the impact of development on the public facilities.

Based upon analysis of the availability of public facilities, and upon review of the annual update to the DCPS Five Year Capital Facilities Plan, the planning and development department shall propose to the city council each year, any necessary amendments to the CIE and any proposed amendments to the city's annual budget for public facilities.

In order to ensure that adequate potable water, sanitary sewer, solid waste, stormwater management, recreation and open space, and public school facilities are available concurrent with the impact of development on each public facility, Jacksonville Beach shall establish the following development review procedures to ensure there is no development order issued unless there are adequate public facilities available to serve the proposed development, or that the development order is conditioned on the availability of public facilities to serve the development concurrent with the impact of development on the public facilities.

(a)

Preliminary development order. No application for a development permit for a preliminary development order shall be accepted without receipt of either an exemption pursuant to section 34-743, an affidavit attesting to subsequent receipt of a certificate of public facilities reservation, or an application requesting a certificate of public facilities reservation. No preliminary development order shall be approved without either receipt of an exemption pursuant to section 34-743, a signed affidavit attesting to subsequent receipt of a certificate public facilities reservation, or a certificate of public facilities reservation.

(b)

Final development order. No application for a development permit for a final development order shall be accepted without an exemption pursuant to section 34-743, or an application requesting a certificate of public facilities reservation. No final development order shall be approved without either an exemption or a certificate of public facilities reservation.

(a)

Submission of application. An application for a certificate of public facilities reservation shall be submitted to the planning and development department in a form established by the planning and development director and made available to the public, along with a nonrefundable fee established by the city council to defray application processing costs.

(b)

Determination of sufficiency. The planning and development department shall review the application within fifteen (15) working days after its receipt, determine whether the application is complete and includes data necessary to evaluate the application.

(1)

If the planning and development department determines the application is not sufficient, a written notice (email is sufficient) shall be provided to the applicant specifying the deficiencies. No further action shall be taken until the deficiencies are remedied.

(2)

If the application is determined sufficient, the planning and development department shall notify the applicant, in writing, of the application's sufficiency and that the application is ready for review pursuant to the procedures and standards of this article.

(c)

Priority for public facility capacity and encumbrance. Priority for remaining public facility capacity for an application being reviewed for a certificate of public facilities reservation shall be based upon the date the application is determined sufficient pursuant to section 34-923(b). The application with the earliest sufficiency date shall have priority for remaining public facility capacity. After the city departments determine there is adequate public facility capacity for a development, that capacity shall be encumbered until final action on the application.

(d)

Staff evaluation and recommendation. Within ten (10) working days of the day the planning and development department determines the application is sufficient, it shall be forwarded to the city departments and evaluated as to whether or not adequate public facilities are available, pursuant to section 34-924.

(e)

Decision of planning and development department. Within ten (10) working days of receipt of an evaluation from the city departments regarding an application for a certificate of public facilities reservation, the planning and development department shall review the evaluations and application, and determine if it complies with all public facility component standards in section 34-924. If the application complies with all of the public facility component standards in section 34-924, the planning and development department shall issue a certificate of public facilities reservation. If the planning and development department determines that an application fails to meet any of the public facility component standards, the applicant shall be notified of such deficiency, and may either:

(1)

Remedy the application for a certificate of public facilities reservation within sixty (60) working days, after which the application shall be reconsidered by the planning and development department and approved or denied, consistent with the standards in section 34-924; or

(2)

Request a conditional certificate of public facilities reservation, which shall be approved by the planning and development department if it is demonstrated that:

a.

All existing available public facility capacity up to but not greater than an amount sufficient to serve the proposed development has been reserved;

b.

There is reasonable likelihood that the balance of the public facility capital improvements identified to provide the remaining capacity necessary to accommodate the proposed development can be provided pursuant to a development agreement;

c.

The applicant requests consideration and approval of a development agreement concurrent with the application for a development permit for which the conditional certificate of public facilities reservation is requested for the purpose of ensuring the certificate complies with the adequate public facility standards for a certificate of public facilities reservation, and;

d.

The conditional certificate of public facilities reservation is conditioned on the concurrent approval of a development agreement and a development order for the application for development permit that complies with the adequate public facility standards for a certificate of public facilities reservation.

Prior to the city council consideration of a development agreement in conjunction with an application for development permit, the planning and development department shall review that component of the development agreement related to the provision of adequate public facilities for the proposed development and determine if the public facility capacity standards in section 34-924 for a certificate of public facilities reservation are met if the terms of the development agreement are approved. If the planning and development department determines that the standards of section 34-924 are met if the development agreement is approved, a certificate of public facilities reservation shall be issued, conditioned on the approval of the development agreement with the express terms related to the provision of the public facilities for the proposed development. Upon approval of the development agreement consistent with the terms and conditions which the planning and development department determined would ensure compliance with the requirements of section 34-924, the certificate of public facilities reservation shall become final. If the development agreement upon which the certificate of public facilities reservation is conditionally issued is denied, then the certificate of public facilities reservation shall automatically and immediately expire.

The following standards shall be used in the determination of whether to issue or deny a certificate of public facilities reservation for potable water, sanitary sewer, solid waste, stormwater management, and recreation and open space facilities. Before issuance of a certificate of public facilities reservation, the application shall fulfill the standards for each and every public facility component. In addition, for residential development the procedures contained in section 34-926 shall be followed, as applicable, for a determination of adequate capacity relative to public school facilities.

(a)

Potable water facilities. The potable water component shall be approved if any of the following conditions are met:

(1)

Potable water facilities are in place to provide the proposed development sufficient services based on the LOS for potable water facilities, and a reservation of capacity has been received from the appropriate service provider, demonstrating that capacity will be available prior to issuance of a certificate of occupancy; or

(2)

Potable water facilities are under construction that will provide the proposed development sufficient services based on the LOS for potable water facilities, and a reservation of capacity has been received from the appropriate service provider demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy; or

(3)

Potable water facilities are to be provided by the applicant that will provide the proposed development sufficient services based on the LOS for potable water facilities, pursuant to a development agreement demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy.

(b)

Sanitary sewer facilities. The sanitary sewer component shall be approved if any of the following conditions are met:

(1)

Sanitary sewer facilities are in place to provide the proposed development sufficient services based on the LOS for sanitary sewer facilities, and a reservation of capacity has been received from the appropriate service provider, demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy; or

(2)

Sanitary sewer facilities are under construction that will provide the proposed development sufficient services based on the LOS for sanitary sewer facilities, and a reservation of capacity has been received from the appropriate service provider demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy; or

(3)

Sanitary sewer facilities are to be provided by the applicant that will provide the proposed development sufficient services based on the LOS for sanitary sewer facilities, pursuant to a development agreement demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy.

(c)

Solid waste facilities. The solid waste component shall be approved if any of the following conditions are met:

(1)

Solid waste facilities are in place to provide the proposed development sufficient services based on the LOS for solid waste facilities; or

(2)

Solid waste facilities are under construction that will provide the proposed development sufficient services based on the LOS for solid waste facilities and assurance has been received demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy.

(d)

Stormwater management facilities. The stormwater management component shall be approved if any of the following conditions are met:

(1)

Stormwater management facilities are in place to provide the proposed development sufficient services based on the LOS for stormwater management and a reservation of capacity has been received from the appropriate service provider demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy; or

(2)

Stormwater management facilities are under construction that will provide the proposed development sufficient services based on the LOS for stormwater management and a reservation of capacity has been received from the appropriate service provider demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy; or

(3)

Stormwater management facilities are to be provided by the applicant that will provide the proposed development sufficient services based on the LOS for stormwater management pursuant to a development agreement demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy.

(e)

Recreation and open space facilities. The recreation and open space component shall be approved if any of the following conditions are met.

(1)

Recreation and open space facilities are in place to provide the proposed development sufficient services based on the LOS for recreation and open space facilities, and a reservation of capacity has been provided for the facilities demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy; or

(2)

Recreation and open space facilities are under construction that will provide the proposed development sufficient services based on the LOS for recreation and open space facilities and a reservation of capacity has been provided for the facilities demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy; or

(3)

Recreation and open space facilities are the subject of a binding and executed contract that will provide the proposed development sufficient services based on the LOS for recreation and open space facilities and a reservation of capacity has been provided for the facilities demonstrating that commencement of the construction of the facilities will occur within one (1) year of issuance of the development order and completion of the facilities will occur within two (2) years of permit issuance; or

(4)

Recreation and open space facilities are to be provided by the applicant that will provide the proposed development sufficient services based on the LOS for recreation and open space facilities pursuant to the terms of a development agreement demonstrating that sufficient capacity will be available prior to issuance of a certificate of occupancy.

(f)

Expiration of certificate of public facilities reservation. A certificate of public facilities reservation is valid for two (2) years from the date it is originally approved, except that a certificate of public facilities reservation for a single-family home shall be valid for five (5) years if it is part of a final plat of subdivision approved pursuant to this article.

(g)

Effect of public facilities reservation. Receipt of a certificate of public facilities reservation shall constitute proof of adequate public facilities to serve the proposed development. A subsequent application for a development permit for development, for which a certificate of public facilities reservation has been approved, shall be determined to have adequate public facilities as long as the certificate of public facilities reservation is valid.

(h)

Assignability and transferability. A certificate of public facilities reservation shall be assignable within the proposed development, subject to the certificate of public facilities reservation, but shall not be assignable or transferable to other development. A certificate of public facilities reservation shall run with the land.

(a)

Purpose and intent. Whereas the City of Jacksonville Beach continues to grow primarily through redevelopment and because it has limited opportunity to widen roadways as a mechanism to increase capacity in a largely built-out environment, in order to adequately and efficiently address the city's mobility needs, the City of Jacksonville Beach has replaced transportation concurrency with the mobility fee program. The intent of the mobility fee program is to replace the transportation concurrency management system with a holistic mobility approach that applies a fee system to new development based upon the link between land use and mobility. Through the mobility fee program and this section within article IX, the city is replacing the transportation concurrency management system with a more predictable and balanced system. The purpose of this section is to establish the process necessary to implement the mobility fee program.

(b)

Mobility fee requirement, certificate, application process and calculation.

(1)

Mobility fee required. Unless a fair share assessment payment is made or a development is deemed de minimis, or exempt per section 34-902, the mobility fee must be paid prior to approval of final construction and/or engineering plans or building permits for single-family residential construction.

(2)

Mobility fee calculation application and fee. An applicant for a mobility fee calculation certificate shall file a completed application with the planning and development department on the form provided by that office. The applicant shall provide all the information requested on the application, to the extent applicable together with an application fee determined by city council.

(3)

Sufficiency review. If the planning and development department determines that the information contained in the application is insufficient to review the application, then the department, within ten (10) days of its receipt of the application, shall notify the applicant of the application's insufficiencies. The applicant shall then have ten (10) days from the date of such notification to remedy the application's insufficiencies. This time period may be extended by the department based upon a showing of good cause. Any notification by department that the application is insufficient automatically tolls the applicable review period. Upon the department's receipt of the necessary information, the review period begins again at the point at which it was tolled.

(4)

Issuance of mobility fee calculation certificate. A mobility fee calculation certificate shall be issued by the planning and development department within fourteen (14) days from the date the application is accepted and deemed sufficient by the department.

(5)

Mobility fee calculation. For the purpose of calculating a mobility fee, the following formula shall apply:

Mobility Fee = A × B × (C—Trip Reduction Adjustments—Existing Use Trips)

Where:

A = Cost per Vehicle Mile Traveled (VMT);

B = Average VMT within the City of Jacksonville Beach; and

C = Project Daily Vehicle Trips.

a.

Cost per VMT. The cost per VMT is determined dividing the cost of the prioritized transportation improvement projects identified in the Capital Improvement Element of the comprehensive plan by the projected change in VMT as set forth in the mobility plan.

b.

Average VMT within the City of Jacksonville Beach refers to the city's weighted average VMT, as determined by dividing the 2030 model-based projected VMT divided by the 2030 daily trips.

c.

Project daily vehicle trips and trip reduction adjustments. Unless there is a special local trip generation study approved by the planning and development department, the Institute of Transportation Engineers (ITE) most recent edition of "Trip Generation" shall be utilized to determine project daily vehicle trips. The project daily vehicle trips generated shall be reduced using vehicle trip adjustments based upon physical measures, including but not limited to, residential density, mix of uses, existence of local serving retail, transit service and pedestrian/bicycle friendliness. Such adjustments are derived from the URBEMIS Mobile Source Mitigation Component Model and/or potential Transportation Demand Management (TDM) measures for redevelopment projects. The project daily vehicle trips generated shall also be reduced by any daily vehicle trips being generated by existing uses on the property.

(c)

Re-evaluation of mobility fee formula and trip reduction factors. At a minimum, every five (5) years the planning and development department shall re-evaluate the city's mobility plan and review and potentially update the mobility fee formula and trip reduction factors.

(d)

Deposit of mobility fees and appropriation of mobility fees. Mobility fees received by the city shall be deposited into a mobility fee account. The mobility fees collected shall have a reasonable relationship to the transportation impacts generated by any proposed development and shall be appropriated for the prioritized multimodal transportation improvement projects identified in the Capital Improvement Element of the comprehensive plan. These projects will include improvements that facilitate multimodal travel and accessibility including roadway, bicycle, pedestrian and transit.

(e)

Duration of mobility fee calculation certificate. A mobility fee calculation certificate or expedited mobility fee calculation certificate for proposed development of property is valid for two (2) years from the date of issuance, unless it is:

(1)

Extended for one year by the payment, prior to the expiration date, of the applicable annual inflation adjustments as determined by the Florida Department of Transportation Office of Financial Development.

(f)

Transportation improvement projects constructed by a landowner or developer.

(1)

Applicability. A landowner or developer may construct, or cause to be constructed, any transportation improvement project that is identified in the mobility plan to offset a calculated mobility fee if the transportation improvement project either:

a.

Costs the same as the applicant's mobility fee; or

b.

Costs less than the applicant's mobility fee and the applicant pays the difference between the mobility fee and the cost of the improvement project.

(2)

Credit against mobility fee. A landowner or developer who constructs, or causes to be constructed, an entire transportation improvement project that is identified in the list of prioritized multimodal transportation improvements in the Capital Improvement Element of the comprehensive plan as authorized in subsection (d) shall receive credit against the applicable mobility fee as provided in this section for the design, permitting, and construction of the entire transportation improvement project.

(3)

Calculation of credit. The credit authorized shall be calculated using the cost estimates in the most recent issue of the Florida Department of Transportation, Office of Policy Planning, and Policy Analysis and Program Evaluation publication entitled Transportation Costs. The cost estimates for facilities and/or projects not identified in Transportation Costs shall be determined by the public works department, prior to the approval of any credit.

(4)

Timing of credit. The costs shall be deemed incurred and credit shall be provided pursuant to this subsection when a contract for the construction of the entire transportation improvement project is awarded, and a payment and performance bond, or other form of security approved by the city attorney, is provided to the city to guarantee the funding of the facilities and/or projects. The city shall be a co-obligee under the bond or other form of security.

(5)

Public works department review. All transportation improvement projects shall be approved by the public works department prior to, and after construction to verify completion and fulfillment of any mobility fee requirements.

(6)

Right-of-way donation. A landowner or developer may also receive credit in the donation of land, if the land is necessary for a transportation improvement identified as a prioritized transportation improvement project identified in the Capital Improvement Element of the comprehensive plan. An appraisal shall be required for any donation of land. The landowner or developer and the City of Jacksonville Beach Public Works Department shall mutually agree to the appraiser prior to the appraisal being performed. The public works department's agreement shall be evidenced by a memorandum or letter executed by the director of the public works department.

(g)

Educational services exemption. Private primary and secondary educational schools, including any on-site ancillary facilities, shall be exempt from the payment of the mobility fee and the requirements of this section.

(h)

Credit for trip reduction adjustments. If a developer or landowner has excess credits above his or her mobility fee due to the application of the trip reduction adjustments described in subsection (b)(5)(c), the developer or landowner may use those credits on the property or transfer those credits to other properties or other developers or landowners to offset a mobility fee payment.

(a)

Applicability.

(1)

Generally. Except as otherwise specifically provided, the provisions of this section shall apply only to development proposals submitted after July 19, 2010, as follows:

a.

Residential development.

1.

Unless exempt or age-restricted, all residential development shall be subject to public school concurrency.

2.

Before approval of any development proposal, or phase thereof, a valid and unexpired finding of available school capacity, and either (A) a valid and unexpired school concurrency allocation or (B) a proportionate share mitigation agreement executed by the applicant and the school district, must be obtained. A school concurrency allocation may only be authorized by the city based on a finding of available school capacity that is dated no earlier than one (1) calendar year prior to the date of the school concurrency allocation.

3.

At the request of a potential applicant for a development proposal, a non-binding finding of available school capacity may be made by the school district at any time prior to the filing of an application for a development proposal. However, in no event will any development proposal be approved prior to the city receiving a finding of available school capacity and a school concurrency allocation from the school board.

4.

Notwithstanding the foregoing, neither a finding of available school capacity nor a school concurrency allocation is required for any residential development in which occupancy is restricted by deed to persons over the age of eighteen (18) years, for a period of at least thirty (30) years.

b.

Nonresidential development. A finding of available school capacity is not required for the nonresidential component of any development proposal.

(2)

Appeals. Appeal may be taken from the final decision of the director regarding the applicability of this ordinance to a particular application. Appeals must be filed within thirty (30) business days of the decision, as further described herein.

(b)

Application review procedure.

(1)

When required. Subject to the requirements of this section, a school concurrency application must be submitted in conjunction with any development proposal. No development proposal will be approved by the city unless a finding of available school capacity and the school concurrency allocation is first obtained.

(2)

Requirements for school concurrency application.

a.

Pre-submittal meeting with school district designee. Prior to submission of a school concurrency application, the applicant shall meet with the school district designee and/or the director to confirm the scope and applicability of this section and to identify potential public school facility deficiencies that may need to be mitigated. At or following the pre-submittal meeting, the school district designee shall:

1.

Provide the current school concurrency schedule;

2.

Identify available school capacity;

3.

Provide other relevant and available information regarding demand for public school facilities and available school capacity;

4.

Summarize the scope of the school concurrency application requirements, which shall include, but not necessarily be limited to, the information listed in paragraph (b)(2)b. of this section; and

5.

Determine whether or not available school capacity exists and whether the applicant would like to explore proportionate share mitigation possible, the proposed amount and type of proportionate share mitigation.

b.

General school concurrency application requirements. The school concurrency application shall include:

1.

Name, address, and phone number of the applicant;

2.

Property location, including parcel identification numbers and vicinity map;

3.

A description of the development proposal, including type, intensity and amount of development, adequate to determine the number and type of public school students generated by the development proposal;

4.

A phasing schedule for any development proposal to be completed in more than one phase;

5.

A description of any past or proposed public school facility dedicated, constructed, or funded in order to mitigate the public school impacts of the development proposal;

6.

A calculation of any school impact fees that will be assessed prior to occupancy of the dwelling units or lots that are part of the development proposal;

7.

In the event that there is not available school capacity to accommodate the development proposal, a proposed proportionate share mitigation agreement, using the form provided by the school district, and a description of the proposed proportionate share mitigation option(s) being utilized; and

8.

Other relevant information required by the school district that is needed to evaluate the school concurrency application and to make a finding with regard to available school capacity.

(3)

Completeness review. Within ten (10) business days after its receipt, the planning and development department will determine whether the school concurrency application is complete and complies with the submission requirements set forth in this section. If the school concurrency application is complete and the submission requirements have been met, the director will forward the school concurrency application to the school district designee for review and a finding with regard to available school capacity. If the school concurrency application is not complete, the director will notify the applicant of its deficiencies in writing within fifteen (15) business days of its receipt. At the time that the school concurrency application is determined to be complete, the director shall submit it to the school district for review.

(4)

Finding of available school capacity and school concurrency allocation.

a.

Within fifteen (15) business days of the submission to planning and development department of a complete school concurrency application, a revised school concurrency application, or a proffered proportionate share mitigation agreement, the school district shall prepare a written report that:

1.

Identifies available school capacity in the relevant concurrency service area, pursuant to the terms of this article and the applicable public schools interlocal agreement;

2.

Identifies any previously dedicated, constructed, or funded public school facility accepted as proportionate share mitigation for the public school impacts of the development proposal; and

3.

Based on information provided by the applicant and its own data and work program, states whether public school concurrency can be achieved for each type of public school facility sufficient to accommodate the development proposal.

b.

Finding of available school capacity.

1.

Where, based on the standards and methodologies set forth herein, the school district determines that public school concurrency has been achieved, the school district shall issue a finding of available school capacity.

2.

Upon issuance of a finding of available school capacity, the school district designee shall allocate, for up to one (1) year, the amount of school capacity to be required by the development proposal on the school concurrency schedule. This temporary allocation of school capacity will expire either at the end of one (1) year, or upon the withdrawal, rejection or denial of the development proposal. It shall be reduced if, and to the same extent that, the development proposal is amended to reduce the impacts on public school facilities. The school district designee shall issue a school concurrency allocation if the development proposal is approved, and record the school concurrency allocation on the school concurrency schedule.

3.

If a finding of available school capacity is based on a public school facility provided through proportionate share mitigation, final approval of the development proposal shall not be given by the city until the execution of a proportionate share mitigation agreement by the applicant and the school district, pursuant to section 34-926(d). Upon approval of the development proposal, the city shall execute the proportionate share mitigation agreement.

4.

Upon the request of the applicant and for good cause, the school district may grant one (1) one-year extension to the duration of a finding of available school capacity.

(5)

Duration and effect of a school concurrency allocation.

a.

A school concurrency allocation shall remain valid and shall apply to any certificate of occupancy or building permit requested for as long as the approval of the development proposal remains effective.

b.

A school concurrency allocation shall not affect the need for the applicant to meet all other requirements set forth in the land development and subdivision regulations or any other lawfully adopted ordinance or law of the city.

(6)

Finding of no available school capacity; proportionate share mitigation agreements.

a.

If the school district designee determines that no available school capacity exists to accommodate the development proposal and no acceptable proportionate share mitigation agreement has been proffered for the school district's and the city's execution, pursuant to subsection c.3. below, the school district designee shall issue a finding of no available school capacity, and no school concurrency allocation shall be entered on the school concurrency schedule.

b.

Upon the receipt from the school district designee of a finding of no available school capacity, the planning and development department must notify the applicant in writing within ten (10) business days of the denial. The notice must state the reasons for the denial and any actions that the applicant may take voluntarily to receive a finding of available school capacity.

c.

Upon a finding of no available school capacity, an applicant may:

1.

Submit a development proposal for a reduced amount of development for which available school capacity exists;

2.

Submit an amended development proposal that includes the following:

i.

A proposed phasing schedule setting forth the amount, location, and timing of development associated with each proposed phase;

ii.

A showing that available school capacity will exist for each phase of development; and

iii.

Other additional information or materials identified by the school district designee as necessary to ensure public school concurrency;

3.

Proffer an executed proportionate share mitigation agreement, pursuant to section 34-925(g) of this article, which shall fully mitigate the impact of the development proposal on public school facilities; or

4.

Wait until school capacity may exist for the development proposal pursuant to the work program.

(c)

Procedures for finding whether there is available school capacity. The school district designee shall make a finding with regard to available school capacity in accordance with the requirements of this section and the public schools interlocal agreement, based on the methodology below:

(1)

The school district designee will measure available school capacity for each school level, based on the school capacity of the concurrency service area in which a development proposal is located. If school capacity is not available in the affected concurrency service area, the school district designee shall determine whether there is available school capacity in any contiguous concurrency service area.

(2)

For each school type (elementary, middle and high), the school district designee may issue a finding of available school capacity if the following calculation methodology shows that there is available school capacity:

a.

Formula for total public school facilities

Total public school facilities = Existing public school facilities + Planned public school facilities

b.

Formula for available school capacity

Available school capacity = Total public school facilities - (Current student enrollment + Student stations reserved by a finding of available school capacity + Student stations reserved for exempt development + School capacity required by the development proposal).

(3)

If a finding of available school capacity is based upon the capacity of one or more contiguous concurrency service areas, then the school district designee shall address the means and timeframes within which the impacts of the development proposal will be shifted by the school district to the contiguous concurrency service area. If more than one (1) concurrency service area has capacity, the school district designee shall determine which one will receive the impacts of the development proposal. Methods to shift impacts may include, but are not necessarily limited to:

a.

Redistricting;

b.

Transportation plans;

c.

Operational adjustments; or

d.

Terms or conditions agreed to by the applicant.

(d)

Proportionate share mitigation agreements.

(1)

Applicability. The provisions of this section shall apply to an applicant that either has received a finding of no available school capacity or wishes to proffer proportionate share mitigation.

(2)

Proportionate share mitigation agreement. If it is determined necessary or desirable, the school district and the city may convene a meeting with the applicant or each other if desired, to discuss the specific details of the proportionate share mitigation agreement. The agreement shall provide mitigation that is at least proportionate to the demand for public school facilities to be created by the additional or new residential units in the development proposal, and for which there is no available school capacity. However, this mitigation may not be provided unless it is first accepted by the school district. Any mitigation that is provided for in a proportionate share mitigation agreement must satisfy the demand created by the additional or new residential units, and shall be directed by the school district toward a planned public school facility identified in the work program.

The school district shall agree to amend the work program during the next annual update to include the school capacity improvement being offered as proportionate share mitigation. The proportionate share mitigation agreement must be signed by the applicant and school district before a finding of available school capacity is issued. The city shall execute the proportionate share mitigation agreement following approval of the development proposal.

(3)

Options for proportionate share mitigation. If the applicant chooses to enter into a proportionate share mitigation agreement, he or she shall provide one or more of the following proportionate share mitigation options:

a.

The construction, expansion, or payment for land acquisition or construction of a public school facility; or

b.

The creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell school capacity credits. The applicant and the school district shall consult on the options available for mitigating the concurrency service area affected by the development proposal. The agreed upon mitigation shall be described in an exhibit to the proportionate share mitigation agreement.

(4)

Determination of amount of proportionate share mitigation required. The amount of proportionate share mitigation required from an applicant shall be calculated by applying the adopted student generation rate multiplier to the cost per student station estimate for each school type (elementary, middle and high) for which there is not sufficient school capacity. The minimum proportionate share mitigation obligation for a development proposal shall be determined by the following formulas:

a.

Formula for number of student stations to be mitigated.

Number of new student stations required for mitigation (by school type) = Available school capacity for the development proposal - [Number of dwelling units generated by development proposal (by housing type) × Student generation multiplier (by housing type and school type)]

b.

Formula for cost of mitigation.

Cost of proportionate share mitigation = Number of new student stations required for mitigation (by school type) × Cost per student station estimate (by school type).

The full cost of proportionate share mitigation shall be required from the development proposal.

(5)

Cross jurisdictional impact. If the approval of additional or new residential dwelling units would result in a failure of public school concurrency within a school district in an adjacent county and the applicant seeks to enter into a proportionate share mitigation agreement, the city shall use the formulas set forth in this section to determine the applicant's minimum proportionate share mitigation obligation. Any proportionate share mitigation provided by the applicant shall be directed to the school district in the adjacent county that experiences the failure of public school concurrency.

(6)

Impact fee credit. The city shall provide a credit for the proportionate share mitigation, calculated pursuant to subsection (d) and provided for in the proportionate share mitigation agreement, toward any impact fee or exaction imposed by ordinance of the city for the same need.

(e)

School district work program and the capital improvements element.

(1)

Work program.

a.

Purpose. The purpose of the school district's work program is to implement the requirements of F.S. § 1013.33, and to ensure the provision of adequate public school facilities as new residential development occurs in the city.

b.

Annual updates and monitoring reports. Pursuant to the public schools interlocal agreement, the city will review, comment, and participate in the development of the school district's work program and will provide input with respect to the work program's consistency with the comprehensive plan. Considering the input of the city, the school district shall amend the work program annually by October 1 to include the immediately subsequent fifth year of public school facilities. Each annual update shall address the status of public school facilities, including, but not limited to the following:

1.

The available school capacity by concurrency service area;

2.

Anticipated increases in residential development within the city and the incorporated municipalities within the county;

3.

The existing and projected level of service for each concurrency service area by year for the five (5) year planning period;

4.

For each concurrency service area and each year of the five-year planning period, the financial feasibility of providing the needed school facilities to achieve and maintain the Level of Service Standard;

5.

The current need for any public school facilities resulting from changes in population trends, employment growth, or other relevant factors;

6.

The rate and location of development of exempt development;

7.

Any amendments necessary to effectuate the purpose and intent of this article and state law, including any demand assumptions, need factors, and other matters recommended by the school district for reconsideration or revision; and

8.

The projected financing for any additional school capacity resulting from the factors set forth in subsections (i) through (v), above.

(2)

Capital improvements element. The capital improvements element of the city's comprehensive plan shall be amended each year by December 1 to reflect the most recent update to the work program. Adoption shall be by reference to the specific date of approval by the school district of the updated work program.

(f)

Appeal of school concurrency determinations. An applicant may appeal a determination by the school district designee to the school district or any final decision by the planning and development department , made pursuant to the terms of this section, to the Jacksonville Beach City Council. Appeals must be filed with the planning and development department within thirty (30) business days of the determination or decision being appealed. Appeals shall be heard by the Duval County School Board or the Jacksonville Beach City Council, as appropriate, at an evidentiary hearing at which the reasons for the decision and the evidence relied upon shall be presented. The applicant also shall have the opportunity to present the reason for appeal and evidence in support of the appeal. The Duval County School Board or Jacksonville Beach City Council, as appropriate may:

(1)

Affirm the decision of the school district designee or director;

(2)

Remand the matter to the school district designee or director for further proceedings; or

(3)

Reverse the decision of the school district designee or director. Decisions of the Duval County School Board or the Jacksonville Beach City Council may be challenged in a court of competent jurisdiction in accordance with applicable law.

A developer may enter into a development agreement with the city, in conjunction with the approval of a development order and a certificate of public facilities reservation to ensure adequate public facilities are available concurrent with the impacts of development on the public facilities. The effect of the development agreement shall be to bind the city and the developer pursuant to the terms and duration of the development agreement to its determination pursuant to this section that adequate public facilities are available to serve the proposed development concurrent with the impacts of the development on the public facilities. Any public facility capital improvement in the five-year schedule of capital improvements in the CIE on which such a certificate of public facilities reservation is made in conjunction with the approval of a development order and a development agreement, shall not be delayed, deferred, or removed from the five-year schedule of capital improvements in the CIE, except that any capital improvement may be deferred by one (1) year if the deferral is identified pursuant to the terms of a development agreement.

(a)

General. An applicant may appeal a decision of the planning and development department on an application for a certificate of public facilities reservation by filing a petition with the city manager within thirty (30) calendar days of the decision.

(b)

Procedure. The city manager shall address the appeal petition within thirty (30) calendar days of its filing and consider only the record before the planning and development department at the time of the decision and testimony of the petitioner and city staff.

(c)

Standard. The city manager shall reverse the decision of the planning and development department only if there is substantial competent evidence in the record that the application complies with the standards of this division.

An amendment to a certificate of public facilities reservation shall be required prior to the approval of any amendment to a development order for which a certificate of public facilities reservation has been approved, if the amendment increases the need for capacity for a public facility. The amendment of a certificate of public facilities reservation shall only require evaluation and reservation of additional public facility capacity demanded by the proposed development and reservation of increased public facility capacity demand.