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Comprehensive Plan Public School Facilities Element <br />at the time of this update, the School District will revise capacity figures to reflect any <br />new schools added to the first three years of the five year capital facilities plan. <br />For each SSA, total capacity less total demand yields available capacity. For each <br />proposed development project reviewed, the School District will compare the proposed <br />project's school demand with available capacity to determine if there is sufficient <br />capacity to accommodate the project. <br />Proportionate Share Mitigation <br />In the event that there is not adequate school capacity available to accommodate a <br />development's demand for student stations, the School Board may entertain proportionate <br />share mitigation options and, if accepted, shall enter into an enforceable and binding <br />agreement with the developer and the affected local government to mitigate the impact <br />from the development through the creation of additional school capacity. <br />A mitigation contribution provided by a developer to offset the impact of a residential <br />development must be directed by the School Board toward a school capacity project <br />identified in the School District's Five -Year Capital Facility Plan. Capacity projects <br />identified within the first three years of the Five -Year Capital Facility Plan shall be <br />considered as committed projects. If capacity projects are planned in years four or five of <br />the School District's Five -Year Capital Facility Plan within the same School Service <br />Area (SSA) as the proposed residential development, the developer may pay his <br />proportionate share of the identified capacity project to mitigate the proposed <br />development. <br />If a capacity project does not exist in the School District's Five -Year Capital Facility <br />Plan, the School Board may add a capacity project to satisfy the impacts from a proposed <br />residential development, as long as financial feasibility of the Five -Year Capital Facilities <br />Plan can be maintained. When the student impacts from a proposed development would <br />cause the adopted Level of Service to fail, a developer may enter into a 90 day <br />negotiation period with the School District and the applicable local government to review <br />potential mitigation projects. To be acceptable, a proportionate share project must create <br />a sufficient number of additional student stations to maintain the established level of <br />service with the addition of the development project's demand. Mitigation options may <br />include, but are not limited to: <br />(a) Contribution of land in conjunction with the provision of additional school capacity; <br />or <br />(b) Provision of additional student stations through the donation of buildings for use as <br />primary or alternative learning facilities; or <br />(c) Provision of additional student stations through the renovation of existing buildings <br />for use as learning facilities; or <br />(d) Construction of permanent student stations or core capacity; or <br />Community Development Department Indian River County <br />28 <br />