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ORDINANCE 2008- 011 2. Any residential development that received a final site plan or land development permit approval prior to July 1, 2008, where that approval has not expired and the approval remains valid. 3. Any amendment to any previously approved residential development which does not increase the number of dwelling units or change the type of dwelling units (e.g. single-family or multi -family) so as to increase the number of students generated by the project. 4. Any Age restricted community with no permanent residents under the age of eighteen (18). Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. Said covenant shall be in a form acceptable to the applicable county attorney's office and shall be recorded in the public records prior to site plan release or issuance of a land development permit or land development permit waiver. Upon request by a developer submitting a land development (development order) application with a residential component, the school district shall issue a determination as to whether or not the development, lot or unit is exempt from the requirements of school concurrency. Residential development that fits into one of the four categories referenced in this section shall be exempt from public school facilities concurrency review. The system demand shall be calculated for each public school facility (elementary schools, middle schools, high schools), not including charter schools or magnet schools, and shall consist of student enrollment as counted for the fall FTE (full time equivalent), students projected to be generated from residential development vested for school concurrency under these school concurrency regulations, and students projected to be generated from approved residential development that falls within exemption categories 1 and 2 above and for which a building permit has been issued. Project demand shall be calculated based on the student generation rates contained in the adopted "Interlocal Agreement for Coordinated Planning and School Concurrency" and the Public School Facilities Element of the comprehensive plan. The determination of public school facility demand shall be made by the school district. (c) Public school facilities available capacity. Available public school facilities capacity shall be derived by using the following formula: Available School Capacity = School Capacity' — (Enrollment2 + Vested3) Where 'School Capacity = FISH Capacity, including the FISH Capacity of schools programmed for construction in the first three (3) years of the School District Five - Year Facilities Work Program. 2Enrollment = Student enrollment as counted at the fall FTE. 3Vested = Students projected to be generated from residential developments approved after the implementation of school concurrency where all school impact fees have been paid, plus students projected to be generated from residential building permits issued since implementation of school concurrency for lots that Bold Underline: Additions to Ordinance 5 StifilEe-thretiglii Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008-_ School Concurrencychanges.doc