Applicability and Capacity Determination Sample Clauses

Applicability and Capacity Determination. Except as provided below, school concurrency applies only to residential uses proposed or established after the effective date of concurrency planning, as required by law and / or ordinance. The following residential uses shall be considered exempt from the requirements of school concurrency. 11.9.1 Single family lots of record having received final plat approval prior to the effective date. 11.9.2 Multi-family residential development having received final site plan approval prior to the effective date. 11.9.3 Amendments to residential development approvals issued prior to the effective date, which do not increase the number of residential units or change the type of residential units proposed.
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Applicability and Capacity Determination. (a) Except as provided in this Section, Concurrency applies only to residential uses that generate demands for public school facilities and are proposed or established after December 1, 2008. (b) The following residential uses shall be exempt from the requirements of Concurrency. 1. In conformity with Chapter 177, Florida Statutes, any subdivision of land which subdivides a parcel of forty (40) acres or more into three (3) lots or less. 2. Single family lots of record having received final plat approval prior to December 1, 2008. 3. Multi-family residential development having received final site plan approval prior to December 1, 2008. 4. Amendments to residential development approvals issued prior to December 1, 2008, which do not increase the number of residential units or change the type of residential units proposed. 5. Any age restricted community with no permanent residents under the age of eighteen (18). To be eligible for the exemption as an age restricted community, a binding restrictive covenant limiting the age of permanent residents to eighteen (18) years and older must be recorded in the Official Records of the County. 6. Any residential development within a DRI development order adopted prior to July 1, 2005 or within a DRI application which was filed prior to May 1, 2005.
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Applicability and Capacity Determination. 5.4.1 Except as provided in subsection 5.4.1.4 below, school concurrency applies only to resi- dential uses that generate demands for public school facilities and are proposed or es- tablished after the effective date of the School Concurrency Ordinance, which shall be in place and effective by January 1, 2008. 5.4.1.1 The uniform methodology for determining whether capacity is available shall be determined by the DCPS and adopted into the Cities’ public school facilities elements. Capacity is defined as: (a) Number of total student stations, which is permanent Florida Inventory of School Houses (FISH), plus portables; and (b) Proposed changes to permanent FISH capacity as a result of construction, rehabilitation, or other changes in school capacity which will commence in the first three (3) years of the Five-Year Capital Facilities Plan. (c) The following steps shall be used for school concurrency testing: 1) Q1: Is there current capacity in the CSA and adjacent CSAs? 2) Q2: Will adequate facilities be in place or under actual construction within 3 years after the issuance of final subdivision or site plan ap- proval? 3) Q3: Are there facilities in the approved CIE scheduled for construction in year 4 or later of the CIE that can be accelerated into the first 3 years of the CIE, and the developer is willing to enter into a binding, financially guaranteed agreement with the school district to construct the accelerated facility within the first 3 years, and the cost of the fa- cility is equal to or grater than the development's proportionate share? 4) Q4: Are there capacity improvements in the 5 year CIE to provide adequate facilities to satisfy the demands created by the develop- ment, and the developer is willing to pay a proportionate share miti- gation contribution? 5) Q5: What other mitigation can be worked out? 5.4.1.2 The capacity determination methodology shall be reviewed by the City and the DCPS annually, prior to the readoption or amendment of this XXX. The assump- tions for the formula within the methodology shall be revisited and updated annually to address changing circumstances, including inflation, construction and land costs, and policy issues including the magnet and private school sys- tems. 5.4.1.3 Available Capacity will be defined as a factor to be used to determine school concurrency that is determined by current permanent FISH capacity plus port- xxxxx, plus planned additional permanent seats, plus portables over the appli- cable tes...
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Applicability and Capacity Determination. Process for determining school facilities concurrency.
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Applicability and Capacity Determination 
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