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2017 02 13 Regular 500 School Concurrency - Interlocal Agreement
COMMISSION AGENDA ITEM 500 REQUEST: Informational Consent Public Hearings Regular X February 13, 2017 KS Regular Meeting City Manager Department The City Manager and City Attorney present for the City Commission's consideration, evaluation, and discussion, the current 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency as Amended January 2008, and related information. SYNOPSIS: At its regular meeting on January 9, 2017, the City Commission requested that the City Manager and City Attorney prepare an Agenda Item so the City Commission can consider, evaluate, and discuss the current 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency as Amended January 2008. This Agenda Item is presented for discussion purposes and the City Commission may provide further direction as deemed necessary. CONSIDERATIONS: LEGISLATIVE HISTORY 1. The Florida Legislature in 2005 adopted a new mandate affecting the development of new residential housing projects. Specifically, the new law required, with very few limited exceptions, all local government communities (counties and cities) to amend their local comprehensive plans to implement school concurrency programs by 2008. Such amendments were required based on written agreements between local governments and their local district school board. 2. Generally, concurrency is a land use regulation which controls the timing of new real estate development so adequate public facilities (e.g., water, sewer, solid waste, Regular 500 PAGE 1 OF 16 - February 13, 2017 transportation, schools, etc.) will be available to accommodate the impacts of that new development. With respect to a school concurrency program, a new residential development project could be denied if there will not be adequate school capacity in the service area to accommodate students who would be housed in the project within a certain time period from the date of approval of a final plat, site plan, or its functional equivalent. 3. In furtherance of the school concurrency mandate adopted by the legislature in 2005, the Seminole County School Board, Seminole County, and all seven (7) municipalities within Seminole County approved the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency as Amended January 2008 (the "2008 School Interlocal "). A copy of the 2008 School Interlocal is attached to this Agenda Item. 4. Pursuant to the 2008 School Interlocal, the City of Winter Springs, along with the County and the other municipalities, adopted comprehensive plan amendments to incorporate and implement the school concurrency program set forth in the 2008 School Interlocal as part of each local government's land development permit process. These amendments are substantially set forth in the City of Winter Springs Comprehensive Plan, Public Schools Facilities Element (the "Element "), and currently remain in effect. A copy of the Element is attached to this Agenda Item. 5. Notwithstanding the adoption and implementation of the school concurrency mandate around the State, the legislature rescinded the school concurrency mandate six years later when it overhauled the State's growth management laws during the 2011 legislative session. See ch. 2011 -139, Laws of Florida (adopting the "Community Planning Act "). 6. The Community Planning Act now makes school concurrency programs optional. Specifically, the relevant portion of the current law is set forth in section 163.3180, Florida Statutes as follows: (6) (a) Local governments that apply concurrency to public education facilities shall include principles, guidelines, standards, and strategies, including adopted levels of service, in their comprehensive plans and interlocal agreements. The choice of one or more municipalities to not adopt school concurrency and enter into the interlocal agreement does not preclude implementation of school concurrency within other jurisdictions of the school district if the county and one or more municipalities have adopted school concurrency into their comprehensive plan and interlocal agreement that represents at least 80 percent of the total countywide population. All local government provisions included in comprehensive plans regarding school concurrency within a county must be consistent with each other and the requirements of this part. (b) Local governments and school boards imposing school concurrency shall exercise authority in conjunction with each other to establish jointly adequate level - of- service standards necessary to implement the adopted local government comprehensive plan, based on data and analysis. (c) Public school level -of- service standards shall be included and adopted into the capital improvements element of the local comprehensive plan and shall apply districtwide to all schools of the same type. Types of schools may include elementary, middle, and high schools as well as special purpose facilities such as Regular 500 PAGE 2 OF 16 - February 13, 2017 magnet schools. (d) Local governments and school boards may utilize tiered level -of- service standards to allow time to achieve an adequate and desirable level of service as circumstances warrant. (e) A school district that includes relocatable facilities in its inventory of student stations shall include the capacity of such relocatable facilities as provided in s. 1013.35(2)(b)2.f., provided the relocatable facilities were purchased after 1998 and the relocatable facilities meet the standards for long -term use pursuant to s. 1013.20. (f) 1. In order to balance competing interests, preserve the constitutional concept of uniformity, and avoid disruption of existing educational and growth management processes, local governments are encouraged, if they elect to adopt school concurrency, to apply school concurrency to development on a districtwide basis so that a concurrency determination for a specific development will be based upon the availability of school capacity districtwide. 2. If a local government elects to apply school concurrency on a less than districtwide basis, by using school attendance zones or concurrency service areas: a. Local governments and school boards shall have the burden to demonstrate that the utilization of school capacity is maximized to the greatest extent possible in the comprehensive plan and amendment, taking into account transportation costs and court - approved desegregation plans, as well as other factors. In addition, in order to achieve concurrency within the service area boundaries selected by local governments and school boards, the service area boundaries, together with the standards for establishing those boundaries, shall be identified and included as supporting data and analysis for the comprehensive plan. b. Where school capacity is available on a districtwide basis but school concurrency is applied on a less than districtwide basis in the form of concurrency service areas, if the adopted level -of- service standard cannot be met in a particular service area as applied to an application for a development permit and if the needed capacity for the particular service area is available in one or more contiguous service areas, as adopted by the local government, then the local government may not deny an application for site plan or final subdivision approval or the functional equivalent for a development or phase of a development on the basis of school concurrency, and if issued, development impacts shall be subtracted from the contiguous service area's capacity totals. Students from the development may not be required to go to the adjacent service area unless the school board rezones the area in which the development occurs. (g) The premise of concurrency is that the public facilities will be provided in order to achieve and maintain the adopted level -of- service standard. A comprehensive plan that imposes school concurrency shall contain appropriate amendments to the capital improvements element of the comprehensive plan, consistent with the requirements of s. 163.3177(3). The capital improvements element shall identify facilities necessary to meet adopted levels of service during a 5-year period consistent with the school board's educational facilities plan. Regular 500 PAGE 3 OF 16 - February 13, 2017 (h) 1. In order to limit the liability of local governments, a local government may allow a landowner to proceed with development of a specific parcel of land notwithstanding a failure of the development to satisfy school concurrency, if all the following factors are shown to exist: a. The proposed development would be consistent with the future land use designation for the specific property and with pertinent portions of the adopted local plan, as determined by the local government. b. The local government's capital improvements element and the school board's educational facilities plan provide for school facilities adequate to serve the proposed development, and the local government or school board has not implemented that element or the project includes a plan that demonstrates that the capital facilities needed as a result of the project can be reasonably provided. c. The local government and school board have provided a means by which the landowner will be assessed a proportionate share of the cost of providing the school facilities necessary to serve the proposed development. 2. If a local government applies school concurrency, it may not deny an application for site plan, final subdivision approval, or the functional equivalent for a development or phase of a development authorizing residential development for failure to achieve and maintain the level -of- service standard for public school capacity in a local school concurrency management system where adequate school facilities will be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval, or the functional equivalent. School concurrency is satisfied if the developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by actual development of the property, including, but not limited to, the options described in sub - subparagraph a. Options for proportionate - share mitigation of impacts on public school facilities must be established in the comprehensive plan and the interlocal agreement pursuant to s. 163.31777. a. Appropriate mitigation options include the contribution of land; the construction, expansion, or payment for land acquisition or construction of a public school facility; the construction of a charter school that complies with the requirements of s. 1002.33(18); or the creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits. Such options must include execution by the applicant and the local government of a development agreement that constitutes a legally binding commitment to pay proportionate -share mitigation for the additional residential units approved by the local government in a development order and actually developed on the property, taking into account residential density allowed on the property prior to the plan amendment that increased the overall residential density. The district school board must be a party to such an agreement. As a condition of its entry into such a development agreement, the local government may require the landowner to agree to continuing renewal of the agreement upon its expiration. b. If the interlocal agreement and the local government comprehensive plan authorize a contribution of land; the construction, expansion, or payment for land Regular 500 PAGE 4 OF 16 - February 13, 2017 acquisition; the construction or expansion of a public school facility, or a portion thereof; or the construction of a charter school that complies with the requirements of s. 1002.33(18), as proportionate -share mitigation, the local government shall credit such a contribution, construction, expansion, or payment toward any other impact fee or exaction imposed by local ordinance for the same need, on a dollar - for- dollar basis at fair market value. c. Any proportionate -share mitigation must be directed by the school board toward a school capacity improvement identified in the 5-year school board educational facilities plan that satisfies the demands created by the development in accordance with a binding developer's agreement. 3. This paragraph does not limit the authority of a local government to deny a development permit or its functional equivalent pursuant to its home rule regulatory powers, except as provided in this part. (i) When establishing concurrency requirements for public schools, a local government must enter into an interlocal agreement that satisfies the requirements in ss. 163.3177(6) (h) 1. and 2. and 163.31777 and the requirements of this subsection. The interlocal agreement shall acknowledge both the school board's constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis, and the land use authority of local governments, including their authority to approve or deny comprehensive plan amendments and development orders. The interlocal agreement shall meet the following requirements: 1. Establish the mechanisms for coordinating the development, adoption, and amendment of each local government's school concurrency related provisions of the comprehensive plan with each other and the plans of the school board to ensure a uniform districtwide school concurrency system. 2. Specify uniform, districtwide level -of- service standards for public schools of the same type and the process for modifying the adopted level -of- service standards. 3. Define the geographic application of school concurrency. If school concurrency is to be applied on a less than districtwide basis in the form of concurrency service areas, the agreement shall establish criteria and standards for the establishment and modification of school concurrency service areas. The agreement shall ensure maximum utilization of school capacity, taking into account transportation costs and court - approved desegregation plans, as well as other factors. 4. Establish a uniform districtwide procedure for implementing school concurrency which provides for: a. The evaluation of development applications for compliance with school concurrency requirements, including information provided by the school board on affected schools, impact on levels of service, and programmed improvements for affected schools and any options to provide sufficient capacity; b. An opportunity for the school board to review and comment on the effect of comprehensive plan amendments and rezonings on the public school facilities plan; Regular 500 PAGE 5 OF 16 - February 13, 2017 and c. The monitoring and evaluation of the school concurrency system. 5. A process and uniform methodology for determining proportionate -share mitigation pursuant to paragraph (h). 0) This subsection does not limit the authority of a local government to grant or deny a development permit or its functional equivalent prior to the implementation of school concurrency. 7. Subsequent to the enactment of ch. 2011 -139, Laws of Florida, elected and staff representatives of Seminole County, Seminole County School Board, and the seven Seminole County municipalities began negotiating a new school interlocal agreement to replace the current 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency as Amended January 2008. 8. Negotiations are being conducted by the Planning Technical Advisory Committee (PTAC) and the Public Schools Facilities Planning Committee ( PSFPC), which are committees created pursuant to the 2008 School Interlocal. PTAC consists of staff representatives of the participating local governments, and PSFPC consist of elected officials of the local governments. The City's records indicate that the last PSFPC meeting was held on November 6, 2014, and the last PTAC meeting occurred on September 28, 2016. Mayor Lacey is the City's representative on the PSFPC, and the Community Development Department has represented the City at the PTAC meetings. 9. A copy of the draft new school interlocal currently under negotiation is attached to this Agenda Item and was disseminated by the School Board on September 1, 2016 with proposed additional changes (the "2016 Draft School Interlocal "). 10. At this time, it is uncertain as to when the 2016 Draft School Interlocal will be finalized and presented to the respective governing bodies for approval. In the meantime, the City of Winter Springs remains a party to the 2008 School Interlocal and school concurrency remains in effect within the jurisdictional limits of the City of Winter Springs in accordance with the 2008 School Interlocal and the City's Comprehensive Plan, School Facilities Element. THE TERM AND TERMINATION PROVISIONS OF THE 2008 SCHOOL INTERLOCAL AGREEMENT 11. The City Commission previously inquired about the term and termination provisions of the 2008 School Interlocal. The 2008 School Interlocal is in effect until terminated as set forth in Section 15. Relevant are subsections 15.3, 15.4, and 15.5, as follows: A. 15.3 Repeal of the Agreement states that if the "Florida Statute as it pertains to school planning coordination and school concurrency is repealed, the Agreement may be terminated by written consent of all parties of this Agreement." B. 15.4 Termination of Agreement provides, "No party to this Agreement may terminate its participation in the agreement except through the exception process in which a municipality may not be required to participate in school concurrency when Regular 500 PAGE 6 OF 16 - February 13, 2017 demonstrating that all the requirements are no longer having a significant impact on school attendance, per Section 163.3177(12)(b), F. S., at the time of a local government Evaluation and Appraisal Report, by providing a sixty (60) day written notice to at other parties and to the Florida Department of Community Affairs." C. 15.5 Withdrawal states, "Withdrawal from the Agreement by any party shall not alter the terms of the Agreement with respect to the remaining signatories." THE STATUTORY REQUIREMENT FOR A PUBLIC SCHOOL PLANNING AGREEMENT 12. Regardless of whether school concurrency is approved by the City and School Board, Florida law requires that the City and the School Board to enter into a joint public school planning agreement. §163.31777, Fla. Stat. Although the law encourages one agreement between the school board, county and each municipality in the county, the agreement can be separately negotiated between the school board and each local government, 13. Specifically, the minimum requirements to be contained in this agreement are enumerated in section 163.31777, Florida Statutes, as follows: (1) The county and municipalities located within the geographic area of a school district shall enter into an interlocal agreement with the district school board which jointly establishes the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated. Local governments and the district school board in each school district are encouraged to adopt a single interlocal agreement to which all join as parties. (2) At a minimum, the interlocal agreement must address the following issues: (a) A process by which each local government and the district school board agree and base their plans on consistent projections of the amount, type, and distribution of population growth and student enrollment. The geographic distribution of jurisdiction -wide growth forecasts is a major objective of the process. (b) A process to coordinate and share information relating to existing and planned public school facilities, including school renovations and closures, and local government plans for development and redevelopment. (c) Participation by affected local governments with the district school board in the process of evaluating potential school closures, significant renovations to existing schools, and new school site selection before land acquisition. Local governments shall advise the district school board as to the consistency of the proposed closure, renovation, or new site with the local comprehensive plan, including appropriate circumstances and criteria under which a district school board may request an amendment to the comprehensive plan for school siting. (d) A process for determining the need for and timing of onsite and offsite improvements to support new, proposed expansion, or redevelopment of existing schools. The process must address identification of the party or parties Regular 500 PAGE 7 OF 16 - February 13, 2017 responsible for the improvements. (e) A process for the school board to inform the local government regarding the effect of comprehensive plan amendments on school capacity. The capacity reporting must be consistent with laws and rules relating to measurement of school facility capacity and must also identify how the district school board will meet the public school demand based on the facilities work program adopted pursuant to s. 1013.35. ()9 Participation of the local governments in the preparation of the annual update to the district school board's 5-year district facilities work program and educational plant survey prepared pursuant to s. 1013.35. (g) A process for determining where and how joint use of either school board or local government facilities can be shared for mutual benefit and efficiency. (h) A procedure for the resolution of disputes between the district school board and local governments, which may include the dispute resolution processes contained in chapters 164 and 186 (i) An oversight process, including an opportunity for public participation, for the implementation of the interlocal agreement. (3) A municipality is exempt from the requirements of subsections (1) and (2) if the municipality meets all of the following criteria for having no significant impact on school attendance: (a) The municipality has issued development orders for fewer than 50 residential dwelling units during the preceding 5 years, or the municipality has generated fewer than 25 additional public school students during the preceding 5 years. (b) The municipality has not annexed new land during the preceding 5 years in land use categories that permit residential uses that will affect school attendance rates. (c) The municipality has no public schools located within its boundaries. (d) At least 80 percent of the developable land within the boundaries of the municipality has been built upon. (4) At the time of the evaluation and appraisal of its comprehensive plan pursuant to s. 163.3191, each exempt municipality shall assess the extent to which it continues to meet the criteria for exemption under subsection (3). If the municipality continues to meet the criteria for exemption under subsection (3), the municipality shall continue to be exempt from the interlocal agreement requirement. Each municipality exempt under subsection (3) must comply with this section within I year after the district school board proposes, in its 5-year district facilities work program, a new school within the municipality's jurisdiction. 163.31777. Public schools interlocal agreement, FL ST § 163.31777 Regular 500 PAGE 8 OF 16 - February 13, 2017 RELATED PUBLIC SCHOOL CODE STATUTES 14. There are several planning related statutes in the Public School Code that reference some level of coordination with local governments that are also worth mentioning because they address "educational facilities" and the Educational Facilities Plan required by law to be adopted by the School Board. These facilities and the related plan directly or indirectly impact school capacity. 15. For purposes of context, the term "educational facilities" is defined to mean "the buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by boards. " § 1013.01, Fla. Stat. 16. The relevant statutes are as follows: A. 1013.33. Coordination of planning with local governing bodies (1) It is the policy of this state to require the coordination of planning between boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services. Such planning shall include the integration of the educational facilities plan and applicable policies and procedures of a board with the local comprehensive plan and land development regulations of local governments. The planning must include the consideration of allowing students to attend the school located nearest their homes when a new housing development is constructed near a county boundary and it is more feasible to transport the students a short distance to an existing facility in an adjacent county than to construct a new facility or transport students longer distances in their county of residence. The planning must also consider the effects of the location of public education facilities, including the feasibility of keeping central city facilities viable, in order to encourage central city redevelopment and the efficient use of infrastructure and to discourage uncontrolled urban sprawl. In addition, all parties to the planning process must consult with state and local road departments to assist in implementing the Safe Paths to Schools program administered by the Department of Transportation. (2) The school board, county, and nonexempt municipalities located within the geographic area of a school district shall enter into an interlocal agreement according to s. 163.31777 that jointly establishes the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated. (3) A board and the local governing body must share and coordinate information related to existing and planned school facilities; proposals for development, redevelopment, or additional development; and infrastructure required to support the school facilities, concurrent with proposed development. A school board shall use information produced by the demographic, revenue, and education estimating conferences pursuant to s. 216136 when preparing the district educational facilities plan pursuant to s. 1013.35, as modified and agreed to by the local governments, when provided by interlocal agreement, and the Office of Regular 500 PAGE 9 OF 16 - February 13, 2017 Educational Facilities, in consideration of local governments' population projections, to ensure that the district educational facilities plan not only reflects enrollment projections but also considers applicable municipal and county growth and development projections. The projections must be apportioned geographically with assistance from the local governments using local government trend data and the school district student enrollment data. A school board is precluded from siting a new school in a jurisdiction where the school board has failed to provide the annual educational facilities plan for the prior year required pursuant to s. 1013.35 unless the failure is corrected. (4) The location of educational facilities shall be consistent with the comprehensive plan of the appropriate local governing body developed under part II of chapter 163 and consistent with the plan's implementing land development regulations. (5) To improve coordination relative to potential educational facility sites, a board shall provide written notice to the local government that has regulatory authority over the use of the land consistent with an interlocal agreement entered pursuant to s. 163.31777 at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility. The local government, upon receipt of this notice, shall notify the board within 45 days if the site proposed for acquisition or lease is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to subsection (6). (6) As early in the design phase as feasible and consistent with an interlocal agreement entered pursuant to s. 163.31777, but no later than 90 days before commencing construction, the district school board shall in writing request a determination of consistency with the local government's comprehensive plan. The local governing body that regulates the use of land shall determine, in writing within 45 days after receiving the necessary information and a school board's request for a determination, whether a proposed educational facility is consistent with the local comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may commence and further local government approvals are not required, except as provided in this section. Failure of the local governing body to make a determination in writing within 90 days after a district school board's request for a determination of consistency shall be considered an approval of the district school board's application. Campus master plans and development agreements must comply with the provisions of s. 1013.30. (7) A local governing body may not deny the site applicant based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses, the local government may not deny the application but it may impose reasonable development standards and conditions in accordance with s. 1013.51(1) and consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement required by s. 163.31777. Regular 500 PAGE 10 OF 16 - February 13, 2017 (8) This section does not prohibit a local governing body and district school board from agreeing and establishing an alternative process for reviewing a proposed educational facility and site plan, and offsite impacts, pursuant to an interlocal agreement adopted in accordance with s. 163.31777. (9) Existing schools shall be considered consistent with the applicable local government comprehensive plan adopted under part II of chapter 163. If a board submits an application to expand an existing school site, the local governing body may impose reasonable development standards and conditions on the expansion only, and in a manner consistent with s. 1013.51(1). Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed. Local government review or approval is not required for: (a) The placement of temporary or portable classroom facilities; or (b) Proposed renovation or construction on existing school sites, with the exception of construction that changes the primary use of a facility, includes stadiums, or results in a greater than 5 percent increase in student capacity, or as mutually agreed upon, pursuant to an interlocal agreement adopted in accordance with s. 163.31777. B. 1013.35. School district educational facilities plan; definitions; preparation, adoption, and amendment; long -term work programs (1) Definitions. - -As used in this section, the term: (a) "Adopted educational facilities plan" means the comprehensive planning document that is adopted annually by the district school board as provided in subsection (2) and that contains the educational plant survey. (b) `District facilities work program" means the 5-year listing of capital outlay projects adopted by the district school board as provided in subparagraph (2)(a)2. and paragraph (2) (b) as part of the district educational facilities plan, which is required in order to: 1. Properly maintain the educational plant and ancillary facilities of the district. 2. Provide an adequate number of satisfactory student stations for the projected student enrollment of the district in K -12 programs in accordance with the goal in s. 1013.21. (c) "Tentative educational facilities plan" means the comprehensive planning document prepared annually by the district school board and submitted to the Office of Educational Facilities and the affected general-purpose local governments. (2) Preparation of tentative district educational facilities plan.— (a) Annually, prior to the adoption of the district school budget, each district school Regular 500 PAGE 11 OF 16 - February 13, 2017 board shall prepare a tentative district educational facilities plan that includes long -range planning for facilities needs over 5-year, 10 year, and 20 year periods. The plan must be developed in coordination with the general-purpose local governments and be consistent with the local government comprehensive plans. The school board's plan for provision of new schools must meet the needs of all growing communities in the district, ranging from small rural communities to large urban cities. The plan must include: 1. Projected student populations apportioned geographically at the local level. The projections must be based on information produced by the demographic, revenue, and education estimating conferences pursuant to s. 216.136, where available, as modified by the district based on development data and agreement with the local governments and the Office of Educational Facilities. The projections must be apportioned geographically with assistance from the local governments using local development trend data and the school district student enrollment data. 2. An inventory of existing school facilities. Any anticipated expansions or closures of existing school sites over the 5-year, 10 year, and 20-year periods must be identified. The inventory must include an assessment of areas proximate to existing schools and identification of the need for improvements to infrastructure, safety, including safe access routes, and conditions in the community. The plan must also provide a listing of major repairs and renovation projects anticipated over the period of the plan. 3. Projections of facilities space needs, which may not exceed the norm space and occupant design criteria established in the State Requirements for Educational Facilities. 4. Information on leased, loaned, and donated space and relocatables used for conducting the district's instructional programs. S. The general location of public schools proposed to be constructed over the 5- year, 10 year, and 20-year time periods, including a listing of the proposed schools'site acreage needs and anticipated capacity and maps showing the general locations. The school board's identification of general locations of future school sites must be based on the school siting requirements of s. 163.3177(6)(a) and policies in the comprehensive plan which provide guidance for appropriate locations for school sites. 6 The identification of options deemed reasonable and approved by the school board which reduce the need for additional permanent student stations. Such options may include, but need not be limited to: a. Acceptable capacity; b. Redistricting; c. Busing; d. Year -round schools; e. Charter schools; f. Magnet schools; and g. Public-private partnerships. Regular 500 PAGE 12 OF 16 - February 13, 2017 7. The criteria and method, jointly determined by the local government and the school board, for determining the impact of proposed development to public school capacity. (b) The plan must also include a financially feasible district facilities work program for a 5-year period. The workprogram must include: 1. A schedule of major repair and renovation projects necessary to maintain the educational facilities and ancillary facilities of the district. 2. A schedule of capital outlay projects necessary to ensure the availability of satisfactory student stations for the projected student enrollment in K -12 programs. This schedule shall consider: a. The locations, capacities, and planned utilization rates of current educational facilities of the district. The capacity of existing satisfactory facilities, as reported in the Florida Inventory of School Houses must be compared to the capital outlay full- time - equivalent student enrollment as determined by the department, including all enrollment used in the calculation of the distribution formula in s. 1013.64. b. The proposed locations of planned facilities, whether those locations are consistent with the comprehensive plans of all affected local governments, and recommendations for infrastructure and other improvements to land adjacent to existing facilities. The provisions of ss. 1013.33(6), (7), and (8) and 1013.36 must be addressed for new facilities planned within the first 3 years of the work plan, as appropriate. c. Plans for the use and location of relocatable facilities, leased facilities, and charter school facilities. d. Plans for multitrack scheduling, grade level organization, block scheduling, or other alternatives that reduce the need for additional permanent student stations. e. Information concerning average class size and utilization rate by grade level within the district which will result if the tentative district facilities work program is fully implemented. f. The number and percentage of district students planned to be educated in relocatable facilities during each year of the tentative district facilities work program. For determining future needs, student capacity may not be assigned to any relocatable classroom that is scheduled for elimination or replacement with a permanent educational facility in the current year of the adopted district educational facilities plan and in the district facilities work program adopted under this section. Those relocatable classrooms clearly identified and scheduled for replacement in a school - board - adopted, financially feasible, 5-year district facilities work program shall be counted at zero capacity at the time the work program is adopted and approved by the school board. However, if the district facilities work program is changed and the relocatable classrooms are not replaced as scheduled in the work program, the classrooms must be reentered into the system and be counted at actual capacity. Relocatable classrooms may not be perpetually added to the work program or continually extended for purposes of Regular 500 PAGE 13 OF 16 - February 13, 2017 circumventing this section. All relocatable classrooms not identified and scheduled for replacement, including those owned, lease purchased, or leased by the school district, must be counted at actual student capacity. The district educational facilities plan must identify the number of relocatable student stations scheduled for replacement during the 5-year survey period and the total dollar amount needed for that replacement. g. Plans for the closure of any school, including plans for disposition of the facility or usage of facility space, and anticipated revenues. h. Projects for which capital outlay and debt service funds accruing under s. 9(d), Art. MI of the State Constitution are to be used shall be identified separately in priority order on a project priority list within the district facilities work program. 3. The projected cost for each project identified in the district facilities work program. For proposed projects for new student stations, a schedule shall be prepared comparing the planned cost and square footage for each new student station, by elementary, middle, and high school levels, to the low, average, and high cost of facilities constructed throughout the state during the most recent fiscal year for which data is available from the Department of Education. 4. A schedule of estimated capital outlay revenues from each currently approved source which is estimated to be available for expenditure on the projects included in the district facilities work program. 5. A schedule indicating which projects included in the district facilities work program will be funded from current revenues projected in subparagraph 4. 6 A schedule of options for the generation of additional revenues by the district for expenditure on projects identified in the district facilities work program which are not funded under subparagraph 5. Additional anticipated revenues may include Classrooms First funds. (c) To the extent available, the tentative district educational facilities plan shall be based on information produced by the demographic, revenue, and education estimating conferences pursuant to s. 216.136. (d) Provision shall be made for public comment concerning the tentative district educational facilities plan. (e) The district school board shall coordinate with each affected local government to ensure consistency between the tentative district educational facilities plan and the local government comprehensive plans of the affected local governments during the development of the tentative district educational facilities plan. (f) Not less than once every 5 years, the district school board shall have an audit conducted of the district's educational planning and construction activities. An operational audit conducted by the Auditor General pursuant to s. 11.45 satisfies this requirement. (3) Submittal of tentative district educational facilities plan to local government. -- Regular 500 PAGE 14 OF 16 - February 13, 2017 The district school board shall submit a copy of its tentative district educational facilities plan to all affected local governments prior to adoption by the board. The affected local governments shall review the tentative district educational facilities plan and comment to the district school board on the consistency of the plan with the local comprehensive plan, whether a comprehensive plan amendment will be necessary for any proposed educational facility, and whether the local government supports a necessary comprehensive plan amendment. If the local government does not support a comprehensive plan amendment for a proposed educational facility, the matter shall be resolved pursuant to the interlocal agreement when required by ss. 163.3177(6)(h), 163.31777, and 1013.33(2). The process for the submittal and review shall be detailed in the interlocal agreement when required pursuant to ss. 163.3177(6)(h), 163.31777, and 1013.33(2). (4) Adopted district educational facilities plan.- Annually, the district school board shall consider and adopt the tentative district educational facilities plan completed pursuant to subsection (2). Upon giving proper notice to the public and local governments and opportunity for public comment, the district school board may amend the plan to revise the priority of projects, to add or delete projects, to reflect the impact of change orders, or to reflect the approval of new revenue sources which may become available. The adopted district educational facilities plan shall: (a) Be a complete, balanced, and financially feasible capital outlay financial plan for the district. (b) Set forth the proposed commitments and planned expenditures of the district to address the educational facilities needs of its students and to adequately provide for the maintenance of the educational plant and ancillary facilities, including safe access ways from neighborhoods to schools. (5) Execution of adopted district educational facilities plan. - -The first year of the adopted district educational facilities plan shall constitute the capital outlay budget required in s. 1013.61. The adopted district educational facilities plan shall include the information required in subparagraphs (2)(b)1., 2., and 3., based upon projects actually funded in the plan. FISCAL IMPACT: There is no direct fiscal impact related to the City Commission's review of the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency as Amended January 2008, and the related information provided in this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This Regular 500 PAGE 15 OF 16 - February 13, 2017 information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Manager and City Attorney present for the City Commission's consideration, evaluation, and discussion, the current 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency as Amended January 2008, and related information. ATTACHMENTS: 1. 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency as Amended January 2008 (41 pages) 2. Draft New School Interlocal Agreement, dated September 1, 2016 (19 pages) pages) City of Winter Springs Comprehensive Plan, Public School Facilities Element (23 Regular 500 PAGE 16 OF 16 - February 13, 2017 Attachment 1 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008 Seminole County, Florida THIS AGREEMENT is entered into with the Seminole County Board of County Commissioners (hereinafter referred to as the "County "), the Commission or Council of the Cities of Longwood, Altamonte Springs, Oviedo, Winter Springs, Lake Mary, Sanford, Casselbeny (hereinafter referred to as the "Cities "), and the School Board of Seminole County (hereinafter referred to as the "School Board "), collectively referred to as the "Parties ". WHEREAS, the County, Cities and the School Board recognize their mutual obligation and responsibility for the education, nurturing and general well -being of the children within their community; and WHEREAS, the County, Cities and the School Board are authorized to enter into this Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2 and Section 1013.33, Florida Statutes (F.S.); and WHEREAS, the County, Cities, and School Board recognize the following benefits to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: (1) better coordination of the timing and location of new schools with land development, (2) greater efficiency for the school board and local governments by siting schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the local governments, (4) better designed urban form by locating and designing schools to serve as community focal points, (5) greater efficiency and convenience by co-locating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities, and (6) reduction of the factors that contribute to urban sprawl and support of existing neighborhoods by appropriately locating new schools and expanding and renovating existing schools; and WHEREAS, the County, Cities and School Board have determined that it is necessary and appropriate for the entities to cooperate with each other to provide adequate public school facilities in a timely manner and at appropriate locations, to eliminate any deficit of permanent student stations, and to provide capacity for projected new growth; and WHEREAS, Section 1013.33, F.S., requires that the location of public educational facilities must be consistent with the Comprehensive Plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h)1 and 2, F.S., require each local government to adopt an intergovernmental coordination element as pan; of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decislepRTIFIED copr, making on population proJections and public school siting; and MARYANNE MVKDM - CLERK OF CIRCUIT COURT Page I! of 41 SEMJ� OLE COUNTY, FLORID/ BYC0 0&., , A7� DEPUTY CLERK WHEREAS, Sections 163.3177(7) and 1013.33, F.S., require the County, Cities and School Board to establish jointly the specific ways in which the plans and processes of the School Board and the local governments are to be coordinated; and WHEREAS, Sections 163.3177(7), 163.3180(13), and 1013.33, F.S., require the County, Cities and School Board to update their Public School Interlocal Agreement to establish school concurrency to satisfy Section 163.3180(12)(g)1, F.S.; and WHEREAS, the County and Cities are entering into this Agreement in reliance on the School Board's obligation to prepare, adopt and implement a financially feasible capital facilities program to achieve public schools operating at the adopted level of service consistent with the timing specified in the School Board's Capital Facilities Plan, and the School Board's further commitment to update the plan annually to add enough capacity to the Plan in each succeeding fifth year to address projected growth in order to maintain the adopted level of service and to demonstrate that the utilization of school capacity is maximized to the greatest extent possible pursuant to Section 163.3180(13)(c)2, F.S.; and WHEREAS; the School Board, is entering into this Agreement in reliance on the County and Cities' obligation to adopt amendments to their local comprehensive plans to impose School Concurrency as provided in Section 163.3180(13), F.S.; and NOW THEREFORE, be it mutually agreed among the School Board, the County and the Cities (hereinafter referred to collectively as the "Parties ") that the following definitions and procedures will be followed in coordinating land use, public school facilities planning, and school concurrency. Page 2 of 41 20071NTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITYPLANNING AND SCHOOL CONCURRENCY A_ S AMENDED JANUARY 2008 Seminole County, Florida Table of Contents SECTION1 DEFINITIONS ............................................................ ..............................5 SECTION 2 COMMITTEES AND DUTIES ........................................ ..............................9 2.1 Planning Technical Advisory Committee ( PTAC) ...................... ..............................9 2.2 Public Schools Facilities Planning Committee ( PSFPC) ........... ..............................9 SECTION 3 STUDENT ENROLLMENT AND POPULATION PROJECTIONS ..........10 3.1 Population and Student Enrollment Projections Distributed Annually ..................10 3.2 Student Projections .......... ... .. ......................._.. ...........- .,.............._10 3.3 PTAC Review .... .... ..., ....................... ..... ..............:................ .......10 SECTION 4 COORDINATING AND SHARING OF INFORMATION ...........................10 4.1 School Board Educational Facilities Work Plan ....................... .............................10 4.2 Educational Plant Survey .......................................................... .............................10 SECTION 5 SCHOOL SITE SELECTION, REMODELING, AND SCHOOL CLOSURES................................................................. .............................10 5.1 New School Sites .............................. .................................. .............................10 5.2 School site Plan Review ..................................... ............................... ................11 5.3 Remodeling and Closures .............. ..11 .................................................................... 5.4 Joint Consideration of On -Site and Off -Site Improvements... .. .............................11 SECTION 6 LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS...12 6.1 Appointed LPA Members............................................................ ....... ....12 6.2 County and City Development Applications Shared with the School Board......... 12 6.3 Criteria for Evaluating Residential Development Applications . .............................12 6.4 Formulating City and County Plans and Programs .................. .............................12 SECTION 7 CO- LOCATION AND SHARED USE .......................... .............................13 7.1 Co-Location and Shared Use ............ . ................ .. ........... ..................13 7.2 Mutual Use Agreement ............................................................. .............................13 SECTION 8 SPECIFIC RESPONSIBILITIES OF THE PARTIES ... ....................:........13 8.1 Specific Responsibilities of the County and Cities ................... .............................13 8.2 Specific Responsibilities of the School Board .......................... .............................14 SECTION 9 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN .............................15 9.1 School Board's Five -Year Capital Improvement Plan .............. .............................15 9.2 Educational Facilities Work Plan .............................................. .............................15 9.3 Transmittal ................................................................................ .............................15 9.4 Adoption ................ ..... ............................ .......... ..................,..........15 9.5 Amendments to the School Board's Five -Year Capital Improvement Plan ..........16 Page 3 of 41 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008 Seminole County, Florida Table of Contents continued SECTION 10 COMPREHENSIVE PLAN ELEMENTS ...................... .............................16 10.1 Required Comprehensive Plan Amendments .......................... .............................16 10.2 Development, Adoption, and Amendment of the Capital Improvements Element(CIE) .................... .................................................... .............................17 10.3 Development, Adoption, and Amendment of the Public School Facilities Element (PSFE) . ........................................... ............................... . ...... ..................17 SECTION 11 SCHOOL CONCURRENCY PROGRAM ..................... .............................18 11.1 Commencement of School Concurrency .................................. .............................18 11.2 Concurrency Service Areas (CSA) .............. ........ ...... .. ..................... .18 11.3 Level of Service (LOS) .............. ........................ ............. ......................19 11.4 School Concurrency Regulations ............................................. .............................19 SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS .... .............................19 12.1 Genera," Provisions .. ..................................................... ............................... ...19 12.2 School Concurrency Application Review .................................. .............................20 12.3 Methodology .............................................................................. .............................21 12.4 Development Review Table ....... ........................ ............................... ................22 12.5 Proportionate Share Mitigation ................................................. .............................23 12.6 School Concurrency Approval .................................................. .............................25 12.7 Reserved Capacity:;.......... ..............:.........:............................... .........:...........:.......25 12.8 Appeal Process ................. ........... ....................................... .............................26 SECTION13 OVERSIGHT ................................................................. .............................26 13.1 Oversight ...................................................... ............................... .............26 SECTION 14 SPECIAL PROVISION ................................................. .............................26 14.1 School Board Requirements ..... ............................... ..................... ........26 14.2 Land Use Authority .................................................................. .............................27 SECTION 15 AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT.....27 15.1 Amendment of the Agreement .................................................. ................::.......:...27 15.2 Notice Requirements ............................ ............................... , . .............................27 15.3 Repeal of the Agreement ......................................................... .............................28 15.4 Termination of the Agreement .................................................. .............................28 15.5 Withdrawal....... ....................... ............................... .......... ............................28 SECTION 16 RESOLUTION OF DISPUTES ..................................... .............................28 16.1 Dispute Resolution. ......... ............................................................................. 28 SECTION 17 EXECUTION IN COUNTERPARTS ............................. .............................28 17.1 Agreement Execution ..... ....................................................... .............................28 SECTION 18 SUCCESSION OF AGREEMENT........ ........................ .............................28 18.1 Succession of Agreement ........ ............................... .............. .............................28 SECTION 19 EFFECTIVE DATE ....................................................... .............................28 19.1 Effective Date ............................................................................ .............................28 Page 4of41 APPENDIX "A" Concurrency Service Area Maps ( CSA) ........... .............................38 Page 5 of 41 SECTION 1 DEFINITIONS Adjacent Concurrency Service Area: A concurrency service area which is contiguous and touches the boundary of another concurrency service area along one side. Attendance Zone: The geographic area which identifies the public school assignment for students. Building Permit: An approval by a local government authorizing residential construction on a specific property. Capital Outlay, Full Time Equivalent (COFTE) Projections: Florida Department of Education (FDOE) COHORT student enrollment projections for Florida public school districts, issued annually and based on information produced by the demographic, revenue, and education estimating conferences pursuant to s. 216.136 and s. 1013.64(3), as adjusted by the FDOE Office of Educational Facilities and SMART Schools Clearinghouse. The projections do not include students in hospital, homebound, summer school, evening school, etc. since these students do not require an additional student station. Cities: All municipalities in Seminole County, except those that are exempt from the requirements of school concurrency, pursuant to Section 163.3177(12), F.S. Charter School: Public schools of choice which operate under a performance contract, or a "charter," in accordance with Section 1002.33, F.S. Charter schools in the Seminole County Public School District are Countywide schools of choice. Comprehensive Plan: A plan that meets the requirements of Sections 163.3177 and 163.3178, F.S. Concurrency Service Area (CSA): A geographic unit promulgated by the School Board and adopted by local governments within which the level of service is measured when an application for residential development is reviewed for school concurrency purposes. Consistency: Compatible with and furthering the goals, objectives and policies of the County and Cities Comprehensive Plan Elements and this Agreement. Core Facilities: The media center, cafeteria, toilet facilities, circulation space and like areas that do not carry permanent Florida Inventory of School Houses (FISH) capacity in an educational facility. Developer: Any person, including a governmental agency, undertaking any construction. Development Approval: Site plan, final subdivision or functional equivalent, issued by a local government granting, or granting with conditions, a Development Application. Educational Facility: The buildings, equipment, structures, ancillary and special educational use areas that are built, installed or established to serve public school purposes. Educational Facilities Impact Fee: A fee designated to assist in the funding for acquisition and development of school facilities, owned and operated by the School Board, needed to serve new growth and development. Educational Plant Survey: A systematic study approved by the Florida Department of Education (FDOE) of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each Page 6 of 41 student based on projected capital outlay FTE (COFTE) counts prepared and issued by the FDOE. Encumbered Capacity: School capacity for a proposed project that set aside for a limited amount of time while the proposed project is undergoing review by the local government. Exempt Local Government: A municipality which is not required to participate in school concurrency when meeting all the requirements for having no significant impact on school attendance, per Section 163.3177(12)(b), F.S. Financial Feasibility: An assurance that sufficient revenues are currently available or will be available from committed funding sources for the first 3 years, or will be available from committed or planned funding sources for years 4 and 5, of a Syear capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level -of- service standards are achieved and maintained within the period covered by the &year schedule of capital improvements. The requirement that level -of- service standards be achieved and maintained shall not apply if the proportionate -share process set forth in Section 163.3180(12) and (16) is used (ref. 163.3164(32), F.S.). Five -Year Capital Improvement Plan: The School Board's annually adopted financially feasible, five -year list of capital improvements which provide for student capacity to achieve and maintain the adopted level of service. Florida Inventory of School Houses (FISH): Data, inventory and numbering system used by the Florida Department of Education, Office of Educational Facilities for parcels of land, buildings and rooms in public educational facilities (hereinafter referred to as "FISH). Full -Time Equivalent (FTE) Student Count: Fall Semester: The fall semester count of all "full -time equivalent' students, pursuant to Chapter 1011.62, F.S. Level of Service Standard (LOS): A standard or condition established to measure utilization within a concurrency service area. Current Level of Service is determined by the sum of the FTE student count at the same type of schools within a concurrency service area, divided by the sum of the permanent FISH capacity of the same type of schools within a concurrency service area. Projected or future Level of Service is determined by the sum of the projected COFTE enrollments at the same type of schools within a concurrency service area, divided by the sum of the planned permanent FISH capacity of the same type of schools within a concurrency service area." Local Governments: Seminole County and its Cities. Maximum School Utilization: The balance of student enrollment systemwide, to ensure the most efficient operation of each school within the adopted LOS standard, based on the number of permanent student stations according to the FISH inventory, taking into account the Florida Department of Education (FDOE) utilization factor, special considerations such as, core capacity, special programs, transportation costs, geographic impediments, and the requirements of Article IX, Section 1(a) of the Florida Constitution, to prevent disparate enrollment levels to the greatest extent possible. Modular Classroom: A room designated in FISH within a educational facility which contains student stations and where students receive instruction and which, the life Page 7 of 41 expectancy of the structure, also as designated in FISH is 35 - 49 years. Modular classrooms generally consist of pre - manufactured concrete and /or steel type structures owned by the School Board. Permanent School Capacity: The optimal number of students that can be housed for instruction at an educational facility as prescribed in SBE Rule 6A- 2.0010, F.A.G. (SREF Section 6.1) in permanent and modular type classroom spaces designated in FISH. A. Permanent capacity of an elementary school is equal to the sum of student stations assigned to permanent and modular classrooms at the school. B. Permanent capacity of a middle school is 90% of the sum of student stations assigned to permanent and modular classrooms at the school. C. Permanent capacity of secondary level [high] schools is less than the sum of student stations assigned to permanent and modular classrooms at the school. The amount less is prescribed in SBE Rule 6A-2.0010, F.A.C. (SREF Section 6.1). For high schools exceeding 1500 satisfactory student stations, the school capacity is 95% of the sum of student stations - assigned to permanent and modular classrooms at the school. Permanent Classroom: A room designated in FISH within an educational facility which contains student stations and where students receive instruction and which, the life expectancy of the structure, also as designated in FISH, is 50 years or more. Permanent Student Station: A designated space contained within a permanent building or structure that can accommodate a student for an instructional program and is designated satisfactory in FISH data. The total number of permanent student stations at a educational facility is determined by the sum of individual permanent student stations at the facility. Permanent buildings or structure types are designated by the School Board and include permanently constructed buildings having a life expectancy of 50 years or more and modular buildings as identified in FISH, having a life expectancy exceeding 35 years or more. Planning Technical Advisory Committee (PTAC): PTAC was formally created and established by the Interlocal Planning Coordination Agreement of 1997. This committee is comprised of planning staff representatives from Seminole County, each of'the seven municipal corporations within the County, and the Seminole County School Board. PTAC serves as an advisory committee and working group to enhance intergovernmental coordination of comprehensive plan programs and assists in ensuring consistency between these programs and issues of multi-jurisdictional concern. Proportionate Share Mitigation: A developer improvement or contribution identified in a binding and enforceable agreement between the Developer, the School Board and the local 'government with jurisdiction over the approval of the development' approval to provide compensation for the additional demand on educational facilities created through the residential development of the property, as set forth in Section 163.3180(13)(e), F.S. Proposed New Residential Development: Any application for new residential development or any amendment to a previously approved residential development, which results in an increase in the total number of housing units. Public Facilities: Civic capital assets including, but not limited to, transit, sanitary sewer, solid waste, potable water, public schools, parks, libraries and community buildings. Page 8 of 41 Public School Concurrency Program: A program established by Seminole County, each of the seven municipal corporations within the County, and the Seminole County School Board to meet the requirements of Sections 163.31777, 163.3180, and 4013.33, F.S. Public Schools Facilities Planning Committee ( PSFPC): The PSFPC is created and established by this agreement. This committee is comprised of one elected official, or their designee, from Seminole County, each of the seven municipal corporations within the County, and the Seminole County School Board. The PSFPC is responsible for the oversight of the school concurrency program established in this agreement, and hears recommendations from PTAC on school planning issues and may make recommendations to the School Board. Relocatable Classroom: A structure with a life expectancy less than 35 years, mobile trailer structures, or transportable wood frame structures. Reserved Capacity: School capacity that is assigned to a proposed project once it has received a Development approval for the project's Development Application. Residential Development: Any development that is comprised of dwelling units, in whole or in part, for permanent human habitation. School Board: The governing body established under Article IX, Section 4, of the Florida Constitution. School Capacity: See permanent school capacity. School Capacity Availability Letter of Determination (SCALD): A letter prepared by the School Board of Seminole County, identifying if school capacity is available to serve a residential project, and if capacity exists, recommending whether the proposed development should be approved or has been vested. School District: The School District of Seminole County is created pursuant to Article IX, Section 4, of the Florida Constitution. School Impact Analysis (SIA) : A formal description of a residential project subject to school concurrency review provided by the developer for School Board review in accordance with Section 12.1 of this Agreement. Student Station: A satisfactory space contained within a building or structure as designated in FISH that can accommodate a student for an instructional program. Temporary Classroom: Also referred to as a relocatable classroom. A room designated in FISH within ai educational facility which contains student stations and where students receive instruction and which, the life expectancy of the structure, also as designated in FISH, is less than 35 years. Temporary classrooms generally consist of mobile trailer structures or transportable wood frame type structures. Student stations in temporary/relocatable classrooms shall not be considered for the purposes of determining concurrency or included in any capacity determination of any CSA. Educational Facilities Work Plan: The School Board's annual capital planning document that includes long -range planning for facilities needs over 5 -year and 10 -year periods. Tiered Level of Service: A level of service which is graduated over time, used to achieve an adequate and desirable level of service at the end of a specified period of time, as permitted by the Florida Statutes. Page 9 of 41 Type of School: An educational facility providing the same grade level of education, i.e.: elementary (grades PK 5), middle (grades 6-8), or high school (grades 9.12) or special purpose school such as magnet school. Utilization: The comparison of the total number of students enrolled to the total number of permanent student stations as determined by FISH at a school facility. SECTION 2 COMMITTEES AND DUTIES 2.1 Planning Technical Advisory Committee (PTAC). PTAC will meet, at a minimum on a semi - annual basis, in July and January, to discuss issues and formulate recommendations to the PSFPC regarding coordination of land use and school facilities planning, including such issues as population and student projections, development trends, school needs, co-location and joint use opportunities, ancillary infrastructure improvements needed to support the schools, School Board Five -Year Capital Improvement Plan and the Public School Concurrency Program. Representatives from the Regional Planning Council will also be invited to attend. A designee of the School Board shall be responsible for coordinating and convening the semi - annual meeting. 2.2 Public Schools Facilities Planning Committee ( PSFPC). The Parties hereby establish a Public Schools Facilities Planning Committee for the purpose of reviewing recommendations from PTAC on land use and school facilities planning; including such issues as population and student projections, development trends, school needs, co-location and joint use opportunities, ancillary infrastructure improvements needed to support the school, potential sites for new schools, and proposals for significant renovation and potential closure of existing schools. Based on the review of PTAC's recommendations; the PSFPC will submit recommendations to the School Board. Additionally, the PSFPC will be a standing committee to review the School Board Five -Year Capital Improvement Plan in accordance with Sections 4.1 and 10 of this Agreement, and serve as the required oversight committee for the Public School Concurrency Program as detailed in Section 14 of this Agreement: The PSFPC will meet annually in a joint School Board workshop upon receipt of the draft School Board Educational Facilities Work Plan (Work Plan) from the School Board to discuss the Work Plan, submitted to the Department of Education. A representative of the Regional Planning Council will also be invited to attend. The joint workshop will provide the opportunity for the County, the Cities, and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off -site improvements, joint use opportunities, and school concurrency. Page 10 of 41 SECTION 3 STUDENT ENROLLMENT AND POPULATION PROJECTIONS 3.1 Population and Student Enrollment Projections Distributed Annually. In fulfillment of their respective planning duties, the County, Cities, and School Board agree to coordinate and base their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. At the annual July PTAC meeting described at Subsection 2.1, the County and Cities shall provide updated five year population projections and the School Board will supply the annually updated student enrollment projections. 3.2 Student Projections. The Parties agree to use student population projections per Section 1013.31(1)(b)2, F.S. based on Capital Outlay Full Time Equivalent ( COFTE) cohort projections issued by FDOE in July of each year. 3.3 PTAC Review. PTAC will review quantity, type and school distribution of COFTE student enrollment projections. SECTION 4 COORDINATING AND SHARING OF INFORMATION 4.1 School Board Educational Facilities Work Plan. By August 1 st of each year, the School Board shall submit to the County, each City and the Public Schools Facilities Planning Committee (PSFPC) the School Board Educational Facilities Work Plan prior to adoption by the Board. A. The Plan will be donsistent with the requirements of Section 1013.35, F.S., and include projected student populations apportioned geographically, an inventory of existing school facilities, projections of facility space needs, information on relocatabies, general locations of new schools for the 5- and 10 -year time periods. B. The Plan will also include the financially feasible School Board Capital Improvement Plan for a 5 -year period. The Cities and County shall review the plan and provide written comments to the School Board annually prior to September 1 st. 4.2 Educational Plant Survey. PTAC will assist the School Board in an advisory capacity in the preparation and update of the Educational Plant Survey. The Educational Plant Survey shall be consistent with the requirements of Section 1013.33, F.S. Upon receipt of the Educational Plant Survey, PTAC will have fifteen (15) calendar days to evaluate and make recommendations regarding the location and need for new schools, significant renovation or expansion, and closures of educational facilities, and the consistency of such plans with the local government comprehensive plan and relevant issues listed in Subsections 5.2, 5.3, 6.1, 7.1, and 8.1 of this Agreement. SECTION 5 SCHOOL. SITE SELECTION, REMODELING, AND SCHOOL CLOSURES 5.1 New School Sites. When the need for a new school is identified in the School Board's Five -Year Capital Improvement Plan, PTAC will review a list of potential sites in the area of need. Potential sites for new schools will be submitted to the local government with jurisdiction for an assessment regarding consistency with the local government Comprehensive Plan. This jurisdiction shall have Page 11 of 41 20 working days upon receipt of the request to respond with a consistency determination. If the site is consistent with the local government comprehensive plan and the School Board authorizes the acquisition of the property, the School Board shall proceed through the appropriate site plan review process. If a determination is made that a proposed school site is not consistent with the Comprehensive Plan, the local government shall identify whether it will support necessary amendments to the comprehensive plan to make the school site consistent. The coordination process shall be in accordance with Chapter 10 13.33, F.S. 5.2 School Site Plan Review. Once a school site has been selected and site design has begun, the School Board shall comply with the appropriate site. plan review process set forth within the applicable land development regulations. Nothing in this agreement exempts school sites from the site plan review process and ensuring the site plan is consistent with both the comprehensive plan and land development regulations. Standards and conditions shall not be imposed which conflict with the requirements established in Chapter 1013, F.S. or the Florida Building Code, unless otherwise agreed to by the School Board as a part of this Agreement. A The School Board shall not be required to obtain or condemn public right - of -way from private property owners for the purposes of constructing off - site infrastructure of which it is intended that fee simple title of the acquired right -of -way be transferred to the County or City. B. The County and Cities shall exempt the School Board from the payment of planning and development fees, including but not limited to plan amendment fees, zoning and/or site plan fees, special exception fees, right -of -way utilization fees, permit fees, subdivision fees, and vacate fees, as may be required by the County or Cities in the development review process. The School -Board shall be responsible for the payment of fees associated with advertising related public hearings. C. The County and Cities shall accept the St. Johns River Water Nianagement District permit for an educational facility to find that storm water collection, treatment, retention and drainage within a school site is sufficient. If off site impacts are present, the County or City having jurisdiction may Impose conditions on the application as provided in the jurisdiction's land development regulations. 5.3 Remodeling and Closures. When the need for a remodeling project that changes the primary use of a facility, resulting in a greater than 5 percent increase or decrease in student capacity, or the closure of a school has been identified in the School Board Five -Year Capital Improvement Plan, PTAC shall notify the PSFPC and make recommendations on the impacts the renovation or closure will have on the adopted level of service for schools. 5.4 Joint Consideration of On-Site and Off-Site Improvements. In conjunction with the land use consistency determination described in, Subsection 5.1 of this Agreement, the School Board and the effected local government will jointly determine the need for and timing of on -site and off -site improvements necessary to support each new school or the proposed remodeling of an existing school. The School Board and the effected local government will agree to the timing; Page 12 of 41 location, and the party or parties responsible for financing constructing, operating and maintaining the required improvements. SECTION 6 LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS 6.1 Appointed LPA Members. The County and Cities will include School Board representative on the local planning agencies, or equivalent agencies, to attend those meetings at which the agendas consider comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The Cities and County may at their discretion grant voting status to the appointed School Board representative. 6.2 County and City Development Applications Shared with the School Board. The County and the Cities shall give the District Superintendent notification of land use applications and development proposals pending before them that may effect student enrollment, enrollment projections, or school facilities in accordance with Section 12 of this Agreement. Such notice will be provided within 10 working days with receipt of the application. This notice requirement applies to amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and /or major residential or mixed -use development projects. 6.3 Criteria for Evaluating Residential Development Applications. The County and Cities will consider the following issues, in addition to the review process for school concurrency described in Section 13, when reviewing Comprehensive Plan amendments and rezonings for residential development proposals: A School Board comments on residential development proposals; B. The provision of school sites and facilities within neighborhoods; C. The compatibility of land uses adjacent to existing schools and reserved school sites; D. The co-location of parks, recreation and neighborhood facilities with school sites;' E. The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; 6.4 Formulating City and County Plans and Programs. In formulating community development plans and programs, the County and Cities will consider the following issues: A Scheduling of capital improvements that are coordinated with and meet the capital needs identified in the School Board's Five —Year Capital Improvement Plan; B. Providing incentives to the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments; C. Targeting community development improvements in older and distressed neighborhoods near schools; and D. Working to address and resolve multi- jurisdictional public school issues. Page 13 of 41 SECTION 7 CO- LOCATION AND SHARED USE 7.1 Co- Location and Shared Use. The co-location and shared use of facilities are important to both the School Board and local governments. The School Board will seek opportunities to co4ocate and share use of school facilities and civic facilities when preparing the Board's Five —Year Capital improvement Plan. Likewise, co-location and shared use opportunities will be considered by the local governments when preparing the annual update to the Comprehensive Ran's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. Opportunities for co-location and shared use with public schools will be considered for the following: A. Libraries; B. Parks and recreation facilities; d. Community centers; D. Auditoriums; E. Learning centers; F. Museums; G. Performing arts centers; H. Stadiums, and I. Governmental facilities: 7.2 Mutual Use Agreement. For each instance of co-location and shared use, the School Board and local government shall enter into a separate agreement which addresses liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from co-locatlon and shared use. SECTION 8 SPECIFIC RESPONSIBILITIES OF THE PARTIES 8.1 Specific Responsibilities of the County and Cities. When the Comprehensive Plan amendments adopted- in accordance with this Agreement become effective, the County and Cities shall undertake the following activities: A. Adopt the required school concurrency provisions into their Land Development Regulations (LDR) consistent with the time frame established by law, the requirements of this Agreement, and the County and Cities' Comprehensive Rans, unless electing to be bound by the provisions established by the County.. B. Withhold the approval of any site plan, final subdivision, or functional equivalent for new residential units not exempted under Section 12.1(C) of this Agreement, until the School Board has reported that there is school capacity available or a mitigation agreement has been reached. C. Share information with the School Board regarding population projections, projections of development and redevelopment for the coming year, infrastructure required to support educational facilities, and amendments to future land use plan elements consistent with the requirements of this Agreement. Page 14 of 41 8.2 D. Maintain data for approved new residential development. The data shall be provided to the School Board annually by October 15th, and include at a minimum, the following: 1. Development name and location. 2. Total number of dwelling units by unit type as defined in the most recently adopted public schools impact fee ordinance. 3. Impact fee calculation. 4. Total number of dwelling units with certificates of occupancy (CO) by Development. E. Transmit site plans, final subdivision or functional equivalency for approved new residential development upon request by the School Board. Specific Responsibilities of the School Board. By entering into this Agreement, the School Board agrees to undertake the following activities: A Annually prepare and update a financially feasible Five -Year Capital Improvement Plan to meet the anticipated demand for student stations identified by the COFTE projections so that no Concurrency Service Area exceeds the adopted level of service. B. Consider school attendance bodndary adjustments as may be appropriate to maximize the utilization of capacity in order to ensure that all schools of each type (elementary, middle, high) in each . Concurrency Service Area and each individual school operate at the adopted level of service, consistent with the requirements of this Agreement and School Board Policy 5.30. Initiation of attendance boundaries shall be at the sole discretion. of the School Board. C. Construct capacity enhancing and remodeling projects necessary to maintain the adopted level of service consistent with the Five -Year CIP. D. Provide the County and Cities with the required data and analysis updated annually to support the Comprehensive Plan elements and any amendments relating to school concurrency. E. Adopt a five- and ten -year CIP consistent with the requirements of this Agreement. F. Review proposed new residential developments for compliance with concurrency standards, consistent with the requirements of this Agreement. G. Consider and approve proportionate share mitigation options for new residential development as appropriate. H. Prepare annual reports on enrollment and capacity, consistent with the requirements of this Agreement. I. Provide necessary staff and material support for meetings of the PSFPC as required by this Agreement. J. Provide information to the County and Cities regarding enrollment projections, school siting, infrastructure necessary to support educational Page 15 of 41 facilities, and amendments to future land use plan elements consistent with the requirements of this Agreement. SECTION 9 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN 9A School Board's Five -Year Capital Improvement Plan. In preparation of the School Board's Five -Year Capital Improvement Plan and each annual update, the School Board shall undertake the following: A. Update and adopt the School Board's Five -Year Capital Improvement Plan for public schools in Seminole County on or before September 30th of each year. B. Specify all new construction, remodeling or renovation projects which will add permanent capacity or modernize existing facilities. C. Prepare the School Board's Five -Year Capital .Improvement Plan and each annual update to provide a financially feasible program of school construction for a five (5) year period. D. Include school construction projects which, when completed, will add sufficient permanent capacity to achieve and maintain the adopted LOS standard for all schools based on the projected COFTE enrollment; provide for required modemizations; and satisfy the School Board's constitutional obligation to provide a uniform system of free public schools on a county -wide basis. E. Include a description of each school project, in the School Board's Five -Year Capital Improvement Plan. F. Maximize utilization of existing schools so that proposed projects add the necessary permanent capacity to maintain the adopted Level of Service standard. G. The School Board's Five -Year Capital Improvement Plan and each annual update shall identify the projected enrollment, capacity and utilization percentage of all schools. 9.2 Educational Facilities Work Plan. In addition to the adopted School Board's Five -Year Capital Improvement Plan, the School Board shall annually adopt a five -year and ten -year work plan based upon revenue projections, COFTE enrollment projections and facility needs for the five -year and ten -year period. It is recognized that the projections in the five- and ten -year time frames are tentative and should be used only for general planning purposes. Upon completion, the Educational Facilities Work Plan will be transmitted to the local governments. 9.3 Transmittal. The School Board shall transmit to the County, the local governments and the PSFPC copies of the proposed Educational Facilities Work Plan and the Five -Year CIP for review and comment. Transmittal to the PSFPC, the Cities and the County shall occur on or before August 1st of each year commencing after the effective date of this Agreement. 9.4 Adoption. Unless the adoption is delayed by mediation or a lawful challenge, the School Board shall adopt their Five -Year Capital Improvement Plan no later than September 30th, and it shall become effective no later than October 1 st of each year. Page 16 of 41 9.5 Amendments to the School Board's Five Year Capital Improvement Plan. The School Board shall not amend the School Board's Five -Year Capital Improvement Plan so as to modify, delay or delete any project in the first three (3) years of the Plan unless the School Board, with the concurrence of a majority vote by its Board members, provides written confirmation that: A The modification, delay or deletion of a project is required in order to meet the School Board's constitutional obligation to provide a county -wide uniform system of free public schools or other legal obligations imposed by state or federal law; or B. The modification, delay or deletion of a project is occasioned by unanticipated change in enrollment projections or growth patterns or is required in order to provide needed capacity in a location that has a current greater need than the originally planned location and does not cause the adopted LOS to be exceeded in the Concurrency Service Area from which the originally planned project is modified, delayed or deleted; or C. The project schedule or scope has been modified to address local government concerns, and the modification does not cause the adopted LOS to be exceeded in the Concunrency Service Area from which the originally planned project is modified, delayed or deleted; and D. The PSFPC, as the required oversight committee for school concurrency as detailed in Section 14 of this Agreement, has had the opportunity to review the proposed amendment and has submitted its recommendation to the Superintendent or designee. E. The School Board may amend at anytime its Five -Year Capital Improvement Plan to add necessary capacity projects to satisfy the provisions of this Agreement. For additions to the Five -Year Capital Improvement Plan, the School Board must demonstrate its ability to maintain the financial feasibility of the Plan. SECTION 10 COMPREHENSIVE PLAN ELEMENTS 10.1 Required Comprehensive Plan Amendments. The County and the Cities agree to adopt the following Comprehensive Plan amendments no later than January 1, 2008. A. An amended Capital Improvement Element (CIE) that includes the portion of the adopted School Board's Five -Year Capital Improvement Plan dealing with capacity improvements. The amended information shall be included in the next Comprehensive Plan amendment, but no later than December 1st, following the annual adoption of the Five -Year Capital Improvement Plan by the School Board. This will ensure that the CIE uniformly sets forth a financially feasible public school capital facilities program, consistent with the adopted Level of Service standards for public schools. B. A Public School Facilities Element (PSFE) consistent with the requirements of Sections 163.3177(12) and 163.3180, F.S. and this Agreement. Page 17 of 41 C. An amended Intergovernmental Coordination Element as required by Section 163.3177(6)(h)1 and 2, F.S. and this Agreement. D. Each jurisdiction's amendments shall be consistent with this Agreement, and those adopted by the other jurisdictions as required by Section 163.3180, F.S. 10.2 Development, Adoption, and Amendment of the Capital Improvements Element (CIE). An annual update or any amendment to the School Board's Five -Year Capital Improvement Plan by the School Board, once adopted by the School Board, shall be transmitted to the County and the Cities. The County and the Cities shall adopt the capacity portions of the School Board's Five -Year Capital Improvement Plan into the Capital Improvement Element of their Comprehensive Plans. A The County and the Cities, by adopting, the capacity portions of 'The Seminole County Public School's Five -Year Capital Improvement Plan" in the Capital Improvements Element of the Local Government's Comprehensive Plan, shall have neither the obligation nor the responsibility for funding or accomplishing the School Board Five -Year Capital Improvement Plan. 10.3 Development, Adoption, and Amendment of the Public School Facilities Element (PSFE). The County and the Cities shall adopt a Public School Facilities Element which is consistent with those adopted by the other local governments within the County. The PSFE must also be consistent with this Agreement, Chapter 163.3177(12), F.S., and Rule 9J- 6.025, F.A.C. The County and the Cities shall notify the PSFPC when this element is adopted and when the element becomes effective. A In the event that it becomes necessary to amend the PSFE, the local government wishing to initiate an amendment shall request review through the PSFPC prior to transmitting the amendment to the Department of Community Affairs pursuant to Section 163.3184, F.S. The PSFPC shall be responsible for distributing the amendment to all Parties to this Agreement for review and comment. 1. To achieve required consistency, all local governments shall adopt the amendment in accordance with the statutory procedures for amending comprehensive plans. 2. If any local government objects to the amendment and the dispute cannot be resolved between or among the Parties, the dispute shall-be resolved in accordance with the provisions set forth in this Agreement. In such a case, the Parties agree not to adopt the amendment until the dispute has been resolved. B. Any local issues not specifically required by Statute or Rule in the PSFE may be included or modified in'the Local Government PSFE by following the normal Comprehensive Plan amendment process. Page 18 of 41 SECTION 11 SCHOOL CONCURRENCY PROGRAM 11.1 Commencement of School Concurrency. The School Concurrency Program described in this Agreement shall commence on January 1, 2899 2008. 11.2 Concurrency Service Areas (CSA). The Parties hereby agree that School Concurrency shall be measured and applied using a geographic area known as a Concurrency Service Area (CSA) which coincides with groupings of school attendance zones within each school type based on adjacency, as established in this Agreement. The mapping of the CSAs shall be included in the data and analysis of the Public School Facilities Element and are provided in Appendix "A" of this Agreement. A CSAs will be described geographically in the Comprehensive Plan pursuant to Section 163.3180 (13)(8)(5), F.S. Maps of the CSA boundaries vall be included as support documents as defined in Rule 9J- 5.003, FAC and may be updated from time to time by the School Board. B. The County and Cities shall adopt the standards for modification of the Concurrency Service Area maps as defined here into the PSFE of the Comprehensive Plan based upon School Board Policy 5.30, titled "Student Assignment". C. As future school attendance zone changes are required for schools programmed in the Seminole School Board Five -Year Capital Improvement Plan, the CSAs shall be modified to the greatest extent possible to provide maximum utilization. D. Any Party may propose a change to the CSA boundaries. Prior to adopting any change, the School Board must verify that as a result of the change: 1. The adopted level of service standards will be achieved and maintained for each year of the five -year planning period; and 2. The utilization of school capacity will be maximized to the greatest extent possible, taking into account transportation costs, and other relevant factors. E. The Parties shall observe the following process for modifying CSA maps: 1. Changes in school attendance boundaries shall be governed by School Board Policy 5.30, Section 120.54 F.S. and applicable uniform rules for administrative proceedings. 2. At such time as the School Board determines that a school(s) attendance boundary is appropriate considering the above standards, the School Board shall transmit the revised attendance zones or CSAs and data and analysis to support the changes b the Cities, to the County, and to the PSFPC. 3. The County, Cities, and PSFPC shall review the proposed amendment within the times prescribed by Section 120.54 F.S. 4. The change to a Concurrency Service Area boundary shall conform to revised attendance boundaries and become effective upon final adoption. Page 19 of 41 F. Charter schools and magnet schools will not have their own CSA. Charter and magnet schools are open to all students residing within the district and students are generally accepted through. application approval. These special public schools vary in size, and may target a specific type of student and can limit the age groups or grade levels. 11.3 Level of Service (LOS) Standard. To ensure the capacity of schools is sufficient to support student growth, the County, Cities and School Board shall adopt a LOS standard for schools. The Parties hereby agree that the desired LOS standard shall be 100% of the aggregate permanent FISH capacity for each school type within each CSA. To financially achieve the desired LOS standard at the high school level, a tiered LOS standard is established as follows: Elementary and Middle School CSA High School GSA 2008 -2012 100% of Permanent FISH Capacity i10% of Permanent FISH Capacity Beginning 2013 100% of Permanent FISH Capacity 100% of Permanent FISH Capacity 11.4 School Concurrency Regulations. this aqFeemeFit, eaG Each Local Government shall adopt school Concurrency provisions into its land development regulations (LDRs) consistent with the requirements of this Agreement. A The County and the Cities shall amend their LDRs to adopt school Concurrency provisions for the review of development approvals. 1. In the event that any participating City does not adopt LDRs within 18 months, that government shall be deemed to have "opted in" to the County regulations and agrees to be bound by the terms and provisions therein until it adopts its own ordinance. 2. At any time, any Local Government may opt out of he County's implementing ordinance through implementing its own ordinance. SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS 12.1 General Provisions. The County, the Cities and the School Board shall ensure that the Level of Service Standard established for each school type is maintained. A No site plan, final subdivision, or functional equivalent for new residential development may be approved by the County or Cities, unless the residential development is exempt from these requirements as provided in Section 12.1(C) of this Agreement, or until a School Capacity Availability Letter Determination (SCALD) has been issued by the School Board to the local government indicating that adequate school facilities exist. B. A local government may condition the approval of the residential development to ensure that necessary school facilities are in place. Page 20 of 41 This shall not limit the authority of a local government to deny a site plan, final subdivision or its functional equivalent, pursuant to its home rule regulatory powers. C. The following residential uses shall be considered exempt from the requirements of school concurrency: 1. All residential lots of record at the time the School Concurrency implementing ordinance becomes effective. 2. Any new residential cbvelopment that has a site plan approval, final subdivision or the functional equivalent for a site specific development approval prior to the commencement date of the School Concurrency Program. 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 (single - family, multi- family, etc.). 4. Any age restricted community with no permanent residents under the age of eighteen (18). An age restricted community shall be subject to a restrictive covenant on all residential units limiting the age of permanent residents to 18 years and older. D. Upon request by a developer submitting a land development application with a residential component, the School Board shall issue a determination as to whether or not a development, lot or unit is exempt from the requirements of school concurrency and submit a copy of the determination to the local government within 10 days. 12.2 School Corcurrency Application Review A. Any developer submitting a development permit application (such as site plan or final subdivision) with a residential component that is not exempt under Section 12.1(C) of this Agreement is subject to school concurrency and shall prepare and submit a School Impact Analysis (SIA) to the School Board for review. B. The SIA shall indicate the location of the development, the number of dwelling units by unit type (single- family detached, single family attached, multi - family, apartments), a phasing schedule (if applicable), and age restrictions for occupancy (if any). The School Board concurrency test shall follow the following steps: 1. Test Submktal. The developer shall submit a SIA to the'School Board with a copy to the local government with jurisdiction over the proposed development. The completed SIA must be submitted a minimum of five working days but not more than 34 days prior to Development Application submittal to the local government. The School Board shall perform a sufficiency review on the SIA application. An incomplete SIA application will be returned to the Owner /Developer without processing. The School Board will have 20 working days to determine sufficiency and complete the Test Review. The School °Board may charge the applicant a non - refundable application fee payable to the School Page 21 of 41 Board to meet the cost of review in accordance with Florida Statutes. 2. Test Review. Each SIA application will be reviewed in the order in which it is received by the School Board. 3. Passing the Test If the available capacity of public schools for each type within the CSA [or contiguous CSAs as provided for in 12.3(C) below) containing the proposed project is equal to or greater than the proposed projects needed capacity, the concurrency test is passed. The School Board will issue a School Capacity Availability Letter of Determination (SCALD) identifying the school capacity available to serve the proposed project and that said capacity has been encumbered for the proposed project for a period of one year. A capacity encumbrance fee will be established during the regulatory phase of this process. 4. Failing the Test. If the available capacity of public schools for any type within the CSA (or contiguous CSAs as provided for in 12.3(C) below) containing the proposed project is less than the proposed projects needed capacity, the concurrency test is failed. The School Board will issue a School Capacity Availability Letter of Determination (SCALD) and inform the developer. If capacity is not available the School Board will advise the developer of the following options: a. Accept a 30 day encumbrance of available school capacity, and within the same 30 day period, amend the Development Application to balance it with the available capacity; or b. Accept a 60 day encumbrance of available school capacity, and within the same 60 day period, negotiate with the School Board and the local government on a Proportionate Shan: Mitigation plan as outlined in Section 12.5 below; or C. Appeal the results of the failed test pursuant to the provisions in Section 12.8 below; or d. Withdraw the SIA application. 5. Test Abandonment. If no option under Section 12.2(B)(4) above is exercised by the developer within 45 days, then the application shall be deemed abandoned. 12.3 Methodology. The methodology for performing the concurrency test shall follow the steps outlined below: A To - determine a proposed development's projected students, the proposed development's projected number and type of residential units shall be converted into projected students for all schools of each type within the specific CSA using the adopted Student Generation Multiplier, as established in the most current adopted Seminole County BCC Public School Impact Fee Ordinance. Page 22 of 41 B. New school capacity within a CSA which is in place or under actual construction in the first three years of the School Board's Capital Improvement Plan will be added to the capacity shown in the CSA, and is counted as available capacity for the residential development under review. C. If the projected student growth from a residential development causes the adopted LOS to be exceeded in the CSA, an adjacent CSA which is contiguous with and touches the boundary of, the concurrency service area within which the proposed development is located shall be evaluated for available capacity. An adjacency evaluation review shall be conducted as follows: 1. In conducting the adjacency review, the School Board shall first use the adjacent CSA with the most available capacity to evaluate projected enrollment impact and, if necessary, shall continue to the next adjacent CSA with the next most available capacity. 2. Consistent with Rule 6A-3.0171, F.A.C., at no time shall the shift of impact to an adjacent CSA result in a total morning or afternoon transportation time of either elementary or secondary students to exceed fifty (50) minutes or one (1) hour, respectively. The transportation time shall be determined by the School Board transportation routing system and measured from the school the impact is to be assigned, to the center of the subject parcel /plat in the amendment application, along the most direct improved pubic roadway free from major hazards. 12.4 Development Review Table. The School Board shall create and maintain a Development Review Table (DRT) for each CSA, and will use the DRT to compare the projected students from proposed residential developments to the . CSAs available capacity programmed within the first three years of the current five -year capital planning period. A Student enrollment projections shall be based on the most recently adopted School Board Capital Facilities Work Program, and the DRT shall be updated to reflect these projections. Available capacity shall be derived using the following formula: Available Capacity = School Capacity' — (Enrollment' + Approved') Where: 'School Capacity = Permanent School Capacity as programmed in the first three (3) years of the School Board's Five -Year CIP. 2Enrollment = Student enrollment as counted at the Fall FTE. 3Approved = Students generated from approved residential developments after the implementation of school concurrency. B. Using the Fall FTE, the vested number of students on the DRT will be reduced by the number of students represented by the residential units that received certificates of occupancy within the previous twelve (12) month period. Page 23 of 41 12.5 Proportionate Share Mitigation. In the event there is not available school capacity to support a development, the School Board shall - entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the developer to mitigate the impact from the development through the creation of additional school capacity. A. When the anticipated student impacts from a proposed development cause the adopted LOS to be exceeded, the developer's proportionate share will be based on the number of additional student stations necessary to achieve the established LOS. The amount to be paid will be calculated by the cost per student station for elementary, middle and high school as determined and published by the State of Florida. B. The methodology used to calculate a developer's proportionate share mitigation shall be as follows: Proportionate Share = ('Development students - Available Capacity) X 2 Total Cost per student station Where: 'Development students = those students from the development that are assigned to a CSA and have triggered a deficiency of the available capacity. 2Total Cost = the cost per student station as determined and published by the State of Florida. C. The applicant shall accept a 90 day encumbrance of available school capacity, and within the same 90 day period enter into negotiations with the School Board in an effort to mitigate the impact from the development through the creation of additional capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable development agreement with the School Board. 1. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a school capacity project identified in the School Board's Five -Year Capital Improvement Plan. Capacity enhancing projects identified within the first three (3) years of the Five -Year Capital Improvement Plan shall be considered as committed in accordance with Section 9.5 of this Agreement. 2. If capacity projects are planned in years four (4) or five (S) of the School Board's Five -Year Capital Improvement Plan within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 12.5(8) of this Agreement. 3. If a capacity project does not exist in the Capital Improvement Plan, the School Board will add a capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer's proportionate share mitigation Page 24 of 41 contributions. Mitigation options may include, but are not limited to: a. Contribution of land or payment for land acquisition suitable for and in conjunction with, the provision of additional school capacity; or b. Mitigation banking based on the construction of a educational facility in exchange for the right to sell capacity credits; or C. Provide modular or permanent student stations acceptable for use as an educational facilities; or d. Provide additional student stations through the remodeling of existing buildings acceptable for use as an educational facility; or e. Construction or expansion of permanent student stations at the impacted school within the CSA; or f. Construction of a educational facility in advance of the firne set forth in the School Board's Five -Year Capital Improvement Plan. D. For mitigation measures (a) thru (f) above, the estimated cost to construct the mitigating capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive school impact fee credit. E. Developer shall receive an impact fee credit for the proportionate share mitigation. Credits will be given for that portion of the impact fees that would have been used to fund the improvements on which the proportionate fair share contribution was calculated. The portion of impact fees available for the credit will be based on the historic distribution of impact fee funds to the school type. (elementary, middle, high) in the appropriate CSA. Impact fee credits shall be calculated at the same time as the applicant's proportionate share obligation is calculated. Any school impact fee credit based on proportionate fair share contributions for a proposed development cannot be transferred to any other parcel or parcels of 'real property within the CSA. F. A proportionate share mitigation contribution shall not be subsequently amended or refunded after final site plan or plat approval to reflect a reduction in planned or constructed residential density. G. Impact fees shall be credited against the proportionate share mitigation total. H. Any proportionate share mitigation must be directed by the School Board toward a school capacity improvement identified in the School Board's Five -Year Capital Improvement Plan. 1. Upon conclusion of the negotiation period, a second Determination Letter shall be issued. If mitigation is agreed to, the School Board shall issue a new Determination Letter approving the development subject to those mitigation measures agreed to by the local government, developer and Page 25 of 41 the School Board. Prior to, site plan approval, final subdivision approval or the functional equivalent, the mitigation measures shall be memorialized in an enforceable and binding agreement with the local government, the School Board and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. If mitigation is not agreed to, the Determination Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A SCALD indicating either that adequate capacity is available, or that there is not a negotiated proportionate share mitigation settlement following the ninety (90) day negotiation period as described in Section 12.5(C) of this Agreement, constitutes final agency action by the School Board for purposes of Chapter 120; F.S. 12.6 School Concurrency Approval. Issuance of a SCALD by the School Board identifying that adequate capacity exists indicates only that school facilities are currently available, and capacity for the proposed development has been encumbered. Capacity will not be reserved until the local government issues a Development Approval. A A local government shall not issue a Development Approval for a residential development until receiving confirmation of available school capacity in the form of a SCALD from the School Board. The Development Approval shall include a reference to the findings of the SCALD indicating that the project meets school concurrency. B. Local governments shall notify the School Board within ten (10) working days of any official change in the validity (status) of a Development Approval for a residential development. C. The Local Government shall not issue a building permit or its functional equivalent for a non - exempt residential development until receiving confirmation of available school capacity from the School Board in the form of a SCALD. Once the tocat government has issued a final development approval, school concurrency for the residential development shall be valid for the life of the final development approval. 12.7 Reserved Capacity. School capacity will be reserved when there is a final disposition of the Development Application by the local government. If the local government approves the Development Application by means of a Development Approval, or its equivalent, the School Board shall move the school capacity from encumbered status to reserved status for the proposed project When the local government issues a Development approval for a residential project it shall notify the School Board Wthin 10 working days. The duration for which capacity is reserved shall be subject to the respective municipality's Land Development Code, but shall not exceed two years from the date of approval or the issuance of a building permit, whichever occurs first. If the building permit once issued expires under the development regulations of the local government, the project will lose its reserved capacity. Should a Development Approval for a residential development expire, the subject municipality shall notify the School Board. A capacity reservation fee will be established during the regulatory phase of this process. Page 26 of 41 12.8 Appeal Process. A person substantially affected by a School Board's adequate capacity determination made as a part of the School Concurrency Process may appeal such determination through the process provided in Chapter 120, F.S. SECTION 13 OVERSIGHT 13.1 Oversight. The PSFPC will serve as the required oversight committee for school concurrency to monitor and evaluate the school concurrency program. The committee shall appoint a chairperson, meet at °a minimum, semi-annually in mid - September and mid -March in accordance with the laws of Florida governing public meetings, and report to participating local governments, the School Board and the general public on the effectiveness with which this Agreement is being implemented. A representative of the School Board shall be responsible for coordinating the semlannual meeting. . A. The monitoring and evaluation of the school concurrency process is required pursuant to Section 163.3180(13)(g)(6)(c), F.S., and Section 2 of this Agreement. The PSFPC shall be responsible for preparing an annual assessment report on the effectiveness of the School Concurrency System. The report will be made available to the public and presented at the PSFPC March meeting. B. The PSFPC members shall be invited to attend all meetings referenced in Section 2 and shall receive copies of all reports and documents produced pursuant to this Agreement. The PSFPC shall evaluate the effectiveness of the CSAs for measuring the LOS and consider making recommendations to amend the CSA Map. C. By August 1st of each year, the PSFPC shall receive the proposed School Board's District Educational Facilities Work Plan and the Five -Year Capital Improvement Plan. The PSFPC will report to the School Board, the County, and the Cities on whether or not the proposed Five -Year Capital Improvement Plan maintains the adopted Level of Service in each CSA by adding enough projects to increase the capacity. The PSFPC will examine the need to eliminate any permanent student station shortfalls by including required modernization of existing facilities, and by providing permanent student stations for the projected growth in enrollment over each of the five (5) years covered by the plan. SECTION 14 SPECIAL PROVISIONS 14.1 School Board Requirements. The Parties acknowledge and agree that the School Board is or may be subject to the requirements of the Florida and United States Constitutions and other state or federal statutes regarding the operation of the public school system and the rules by the State Board of Education or Commissioner of Education. Accordingly, the County, the Cities and the School Board agree that this Agreement is not intended, and will not be construed, to interfere with, hinder, or obstruct in. any manner, the School Board's constitutional and statutory obligation and sovereignty to provide a uniform system of free public schools on a Countywide basis or to require the School Board to confer with, or obtain the Page 27 of 41 consent of, the County or the Cities, as to whether that obligation has been satisfied. Further, the County, the Cities and the School Board agree that this Agreement is not intended and will not be construed to impose any duty or obligation on the County or City for the School Board's constitutional or statutory obligation. The County and the Cities also acknowledge that the School Board's obligations under this Agreement may be superseded by state or federal court orders or other state or federal legal mandates. 14.2 Land Use Authority. The Parties specifically acknowledge that each Local Government is responsible for approving or denying comprehensive plan amendments and development approvals within its own jurisdiction. Nothing herein represents or authorizes a transfer of any of this authority to the School Board. SECTION 15 AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT 15.1 Amendment of the Agreement. This Agreement may be amended by written consent of all parties to this Agreement. The Agreement will remain in effect until amended in accordance with Florida Statutes. 15.2 Notice Requirements. Any notices provided pursuant to this Agreement shall be sent to the following addresses: City Manager City of Altamonte Springs 225 Newburyport Avenue Altamonte Springs, Florida 32701 City Manager City of Casselberry 95 Triplet Lake Drive Casselberry, Florida 32707 City Manager City of Lake Mary 100 North Country Club Road Lake Mary, Florida 32746 City Wnager City of Longwood 175 West Warren Avenue Longwood, Florida 32750 City Manager City of Oviedo 400 Alexandria Boulevard Oviedo, Florida 32765 City Manager City of Sanford 300 North Park Avenue Sanford, Florida 32771 City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 County Manager Seminole County Government 1101 East First Street Sanford, Florida 32771 School Board Superintendent Seminole County School Board 400 East Lake Mary Boulevard Sanford, Florida 32773 Page 28 of 41 15.3 Repeal of the Agreement. If the Florida Statute as it pertains to school planning coordination and school concurrency is repealed, the Agreement may be terminated by written consent of all parties of this Agreement. 15.4 Termination of the Agreement. No party to this Agreement may terminate its participation in the agreement except through the exemption process in which a municipality may not be required to participate in school concurrency when demonstrating that all the requirements are no longer having a significant impact on school attendance, per Section 163.3177(12)(b), F.S., at the time of a local government Evaluation and Appraisal Report, by providing a sixty (60) day written notice to at other parties and to the Florida Department of Community Affairs. 15.5 Withdrawal. Withdrawal from the Agreement by any party shall not alter the terms of the Agreement with respect to the remaining signatories. SECTION 16 RESOLUTION OF DISPUTES 16.1 Dispute Resolution. If the parties to this Agreement are unable to resolve any issue in which they may be in disagreement covered in this Agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164, F.S. SECTION 17 EXECUTION IN COUNTERPARTS 17.1 Agreement Execution. This Agreement shall be executed in any number of counterparts, each of which so executed shall be deemed to be original, but all such counterparts shall, together, constitute but one in the same instrument. SECTION 18 SUCCESSION OF AGREEMENT 18.1 Succession of Agreement. This Agreement supersedes any previous agreements regarding public school facilities planning upon the effective date of this agreement. SECTION 19 EFFECTIVE DATE 19.1 Effective Date. This Agreement becomes effective as of January 1, 2008. Page 29 of 41 ATTEST: PATSY VN W City Clerk CITY OF ALTAMONTE SPRINGS By: f �, RUSSEL HAUCK, Mayor Date: / / g/0 v 1920'f/��� COtTi,.; t. I hereby attest and certify this is true and correct copy of the original record. Sign Deput Ci Clerk Date 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCYAS AMENDED JANUARY 2008 Seminole County, Florida Page 30 of 41 ATTEST: CIT C-54& '-� - ) � By: THELMA MCPHERSON, City Clerk Date 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCU RRENCY AS AMENDED JANUARY 2008 Seminole County, Florida Page 31 of 41 ATTEST: �- nn CAROL FOSTER, City Cleric CITY OP LAKE By: I THOMAS C. GREENE, Mayo Date: anClar y 1,7 a2. 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCYAS AMENDED JANUARY 2008 Seminole County, Florida Page 32 of 41 ATTEST. AA SARAH M. MIRUS, City Cliark Date: "A3.0 ?—Z�10 F 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCYAS AMENDED JANUARY 2008 Seminole County, Florida Page 33 of 41 ATTEST: CITY OF OVIEDO By: ARBAR ARBOUR, City Clerk MARYCOLIANDREWS, Mayor Date: as adOS 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCYAS AMENDED JANUARY 2008 Seminole County, Florida Page 34 of 41 �,iwaur.rhy��I ,••" ID A iiAw��j, + • q' � ....� if Vii. ��• w w k t�* y fi•Fyx� y � .` a 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCYAS AMENDED JANUARY 2008 Seminole County, Florida Page 34 of 41 ATTEST: ,4NET R. DOUGHERTY, City Cl *k CITY OF SANFORD LINDA "N, Mayor pQ Date: 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCYAS AMENDED JANUARY 2008 Seminole County, Florida Page 35 of 41 ATTEST: 0 AND A LORENZO- LUACES City lerk f CITY OF WINTER SPRINGS By: JO F. BUSH, Mayor Date: January 14, 2009 RECEIVED AN 242008 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCYAS AMENDED JANUARY 2008 Seminole County, Florida Page 36 of 41 Attest: SEMINOLE COUNTY SCHOOL BOARD 'e iw I By: DR. BILL VOGEL, eriritendent DIANE BAUER, Chairman Date: January 8, 2008 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Seminole County, Florida As Amended As To Date of Implementation ATTEST: M0 C rk # the Board of County Commissioners of Seminole County, Florida. BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA LIK By: — BR NDA CAREY, Chairman Date: i of FA As authorized for execution by the Board of County Commissioners at their , 200 regular meeting. 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCYAS AMENDED JANUARY 2008 Seminole County, Florida T Page 38 of 41 APPENDIX "A" Concurrency Service Area Maps (CSA) Elementary School Concurrency Service Areas in Semincle RL county Asap Elements � BennuiyFahoa inradW A>tiar road► Demenlary Sd" CSAa Cs"UO sm Q Er E9 CM s; - s� 64 « aakisbor MIS. sa ttaniRv � i" t..'W nwolhre - _ 6fR 68 M)So E'6 E -8 r iibri;�e� wada�iru Lake Jewp E,1 saCai, t aOwno� " E,7 5}In r E�3 ^ S& i o16si +tinai 0,0n F-b 5 �1 rZin rl lhf ir�sr CAY 0 taR1 Ab n6lrMipafdn �w� WOMB Ev -.zvr Any JAn E•2, 1N�btf/ E -4 Eimns 6 T,OOO PIAOO 28.000 4000 WMX Page 3 9 of 41 APPENDIX "A" Cont. Concurrency Service Area Maps (CSA) k � Middle School Concurrency Servlce Areas in Seminole Coun l rt SAW ! /;hta�l7ham 4Ntods » Mai' ' # =' a f N _ f{�Itw�ud��SaLit f � Y.- K La s Jesup h!-4 � M -2 M^3 tn'(6 04a °hNM� s r At c1 a xi N� VN s � Sw W' 3iminok ^ to-apae r ru►k�wiva Z ;:coo 14.aa3 2a,WO 42;00o de AM Page 40 of 41 JTI Map aements � tMYi Alq L7CR�R mwqmm lMddk SO" CSM CSAJVUPABER M wt nua w ®IAA ixa xsw 4r V APPENDIX "A" Cont. Concurrency Service Area Maps (CSA) High School ConcurTency Service Areas In Seminole County 8� H•1 Smfitnew UWMwV 14-4 rn H-3 11 zood U=Q 26.CW .4zcco 601M mm� F" Page 41 of 41 Map Elements MWRD= NO School CSAO CSA NUMSER E314,1 I= H4 E3LOWEASUP % elp) s mines Conary ruMICachooa WALT GRIFFIN, Ed.D, Superintendent JOSEPH A. RANALDI, AIA Executive Director of Operations Educational Support Center 400 E. Lake Mary Boulevard Sanford, Florida 32773 -7127 Phone: (407) 320 -0000 Fax: (407) 320 -0281 Visit Our Web Site WWW.SCpS.us Attachment 2 September 1, 2016 Draft Interlocal Agreement Changes Summary Changes proposed are to ILA Draft document originally presented to PSFPC on November 16, 2014. This represents a summary of major sections proposed to be modified. Other changes minor in nature are also shown in the draft and should be fully reviewed. • Section 1 - Permanent School Capacity added to definitions • Section 1 - SCALD document added to definitions • Section 9.1 - Amended to allow Local Government to condition approval of residential developments based on school permanent capacity being adequate. • Section 9.2 - Amended to include rezone requests at discretion of local governments • Section 9.3 - Adds language requiring school capacity review and SCALD document or capacity Enhancement Agreement prior to approval of final site plan, subdivision (plat) or "functional equivalent" by the Local Government. • Section 9.4 - School Impact Analysis review methodology and timing, introduction of Capacity Enhancement Agreement including the consideration of adjacent capacity of contiguous school attendance zones. • Section 9.6 - Development Review Table and calculation of capacity /adjacency. Adds contiguous schools to calculation. • Section 9.7 — Adds Capacity Enhancement Agreement methodology. • Section 10.2 — Language revised to require School Board approval prior to Local Government approval. • Section 11.4 — Adds requirement that all parties must agree to termination or amendment of the Agreement. • Section 11.4 — Requires all parties to agree to removal of single entity from Agreement. 2016 ILA DRAFT VERSION: 09/01/2016 20142016 AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING Seminole County, Florida THIS AGREEMENT is entered into with Seminole County Board of County Commissioners (hereinafter referred to as the "County "), the Commission or Council of the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Sanford, Oviedo, Winter Springs (hereinafter referred to as the "Cities "), and the School Board of Seminole County (hereinafter referred to as the "School Board "), collectively referred to as the "Parties." WHEREAS, the Parties previously entered into that certain 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency as Amended January 2008 (hereinafter referred to as the "Original Agreement "), and the Parties desire to amend and restate the Original Agreement; and WHEREAS, the County, Cities and School Board recognize the benefits of ongoing intergovernmental coordination; and WHEREAS, the County, Cities and School Board are authorized to enter into this Agreement pursuant to Section 163.3177, Section 163.31777, and Section 1013.33 of the Florida Statutes (F.S.); and WHEREAS, the Agreement acknowledges the School Board's constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis, and the land use authority of the County and Cities, including their authority to approve or deny comprehensive plan amendments and development orders. NOW THEREFORE, the Parties acknowledge that the above recitals are true and correct and are hereby incorporated into this Agreement by reference and agree as follows: SECTION 1 DEFINITIONS For the purposes of this Agreement, the following terms shall have the meaning assigned to them in this Section. Capital Outlay, Full Time Equivalent (COFTE) Projections: Florida Department of Education (FDOE) COHORT student enrollment projections for Florida public school districts, issued annually and based on information produced by the demographic, revenue, and education estimating conferences pursuant to section 216.136 and section 1013.64(3) F.S., as adjusted by the FDOE Office of Educational Facilities . The projections do not include students in hospitals, homebound, summer school, evening school, etc. since these students do not require an additional student station. Comprehensive Plan: A plan that meets the requirements of Chapter 163, Part II, F.S. Page 1 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING ",1- +1f[v',r-iJP=Y!'LF_'. !jLl °_d, A:R) APPROVAU, 2016 ILA DRAFT VERSION: 09/0112016 Consistency /Consistent: Compatible with and furthering the goals, objectives, and policies of the Local Government's Comprehensive Plan Elements. Developer: Any person, including a governmental agency, undertaking construction. Development Approval: Site plan, final subdivision plan, development order or functional equivalent, issued by a Local Government granting, or granting with conditions, a Development Application. Educational Facility: The buildings, equipment, structures, ancillary, and special educational use areas that are built, installed or established to serve public school purposes. Educational Facilities Work Plan: The School Board's capital planning document that includes long -range planning for facility needs over 5 -year and 10 -year periods updated annually. Educational Plant Survey: A systematic study conducted every five years and approved by the Florida Department of Education (FDOE) of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each student based on projected capital outlay FTE (COFTE) counts prepared and issued by the FDOE. Florida Inventory of School Houses (FISH): Data, inventory and numbering system used by the Florida Department of Education (FDOE), Office of Educational Facilities for parcels of land, buildings and rooms in public educational facilities (hereinafter referred to as "FISH "). Five -Year Capital Improvement Plan: The School Board's adopted five -year list of capital improvements which provide for student capacity to achieve and maintain the adopted level of service updated annually. Full -Time Equivalent (FTE) Student Count: Fall Semester: The fall semester count of all "full-time equivalent" students, pursuant to Chapter 1011.62, F.S. Local Governments: Seminole County and its Cities. Modular Classroom: A room designated in FISH within an educational facility which contains student stations and where students receive instruction and which, the life expectancy of the structure, also as designated in FISH is 35 - 49 years. Modular classrooms generally consist of pre- manufactured concrete and /or steel type structures owned by the School Board. D� :, rent School Capacity: The optimal number of students that can be housed for instruction at an Educational Facility as prescribed in SBE Rule 6A- 2.0010, F.A.C. (SREF Section 6.1) in permanent and modular type classroom spaces designated in FISH. A. Permanent capacity of an elementary school is equal to the sum of Student Stations assigned to permanent and modular type classrooms at the school. B. Permanent capacity of a middle school is bastd gn a utilization fagM g 909 of the sum of Student Stations assigned to permanent and modular ty»e classrooms at the school. C. Permanent capacity of secondary level [high) schools is less than the sum of Student Stations assigned to permanent and modular tea classrooms at the school. The amount less is Page 2 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING Q ,. MkNT NENDiNC _ ,= {_uAL,REVIEW AND APPR!2VAL =6 ILA DRAFT VERSION: 09/0112016 prescribed in SBE Rule 6A- 2.0010, F.A.C. (SREF Section 6.1). For high schools exceeding 1500 satisfactory Student Stations, the school capacity is ' ,j on a utiiizati20 fjMr 95% of the sum of Student Stations assigned to permanent and modular type classrooms at the school. Proposed New Residential Development: Any application for new residential development or any amendment to a previously approved residential development, which results in an increase in the total number of housing units that are used in whole or in part, for permanent human habitation. This does not apply to rezoning applications. School Board: The governing body of the Seminole County School District established under Article IX, Section 4, of the Florida Constitution. kbggI Ca lIghMIX k0or i e e r greparig by The UhRRI 10C4 2f in le Counly., idg0tifying if r a n Kb_qgl cagar& 11 available tp e Egildent!Al laro&L ing if,taRacill exilts. ruemmending he pr22osjA dusiggment ShOuld be 22212Md 80d his ktn vested. School Impact Analysis (SIA): A document prepared by the School Board of Seminole County, identifying affected schools, student generation by level (elementary, middle, and high school), enrollment, cormanent school, capacity and providing a calculation to determine if permanent Uftgo-L capacity will be available to serve a Proposed New Residential Development coming before the County or the Cities for review oR abrifilWa 416k! AA `.,. WW" 4 .0 O - 0 m gEtheplive P li n menarn r r rjggCg& al ft dlEg!eft of thilwil government. Student Station: A satisfactory space contained within a building or structure as designated in FISH that can accommodate a student for an instructional program. SECTION 2 CHARTER SCHOOLS AND PRIVATE SCHOOLS 2.1 Charter Schools. Charter schools, authorized by section 1002.33 Florida Statutes, are public schools of choice. They are funded by public tax dollars, have a contract (or charter) with the local school district, and are monitored by the school district and the state. Although they are monitored by the district and state, they are self- managed and operate independently from the school district. 2.2 Private Schools. A nonpublic school defined as an individual, association, co- partnership, or corporation, or department, division, or section of such organizations, that designates itself as an educational center that includes kindergarten or a higher grade or as an elementary, secondary, business, technical, or trade school below college level, as defined in section 1002.01(2) Florida Statutes. A private school may be a parochial, religious, denominational, for - profit, or nonprofit school. 2.3 Not Applicable to Charter and Private Schools. This Agreement shall not apply to charter and private schools. Page 3of18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING L &CUMUa PENDING XPS LEGAL REV 'W AND APPROVr,l.S 2016 ILA DRAFT SECTION 3 COMMITTEES AND DUTIES VERSION: 0010112016 3.1 Planning Technical Advisory Committee (PTAC). The PTAC was formally created and established by the Interlocal Planning Coordination Agreement of 1997. This committee is comprised of planning staff representatives from the Local Governments and the School Board. The PTAC serves as an advisory committee and working group to enhance intergovernmental coordination of Comprehensive Plan programs and assists in ensuring consistency between these programs and issues of multi jurisdictional concern. The PTAC will meet not less than twice each year to discuss issues and formulate recommendations regarding the coordination of policies, procedures, and actions to advance the purposes of this Agreement. A designee of the School Board shall be responsible for coordinating and convening the meetings. 3.2 Public Schools Facilities Planning Committee ( PSFPC). The PSFPC was formally created and established by the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency, as Amended January 2008 to serve as an advisory committee to the Local Governments and School Board. The PSFPC shall oversee the implementation of this Agreement and may establish bylaws for its operation which are consistent with this Agreement. The PSFPC shall be comprised of one elected official from each of the Local Governments and one elected member of the School Board. The PSFPC shall meet not less than once a year. The PSFPC shall also meet at least once a year in a joint workshop with the School Board to review and discuss its recommendations. A designee of the School Board shall be responsible for coordinating and convening the meetings. The PSFPC will serve as the required oversight committee to monitor and evaluate progress in achieving the objectives of this Interlocal Agreement, including an opportunity for public participation. SECTION 4 COORDINATING AND SHARING OF INFORMATION 4.1 Population and Student Enrollment Projections Distributed Annually. In fulfillment of their respective planning duties, the Parties agree to coordinate and base their plans upon consistent projections of the amount, type, and geographic distribution of population growth and student enrollment. The Local Governments shall provide to the School Board the updated five -year population projections which are developed each year as a part of the update to their respective Capital Improvements Programs and Capital Improvements Elements; the School Board will provide to the Local Governments the annually updated student enrollment projections and fall student enrollment count. 4.2 Educational Facilities Work Plan and Five -Year Capital Improvement Plan: The School Board staff will notify each Local Government of the initiation of the Educational Facilities Work Plan and Five -Year Capital Improvement Plan (CIP) annual updates and shall provide draft copies of each report on or before August 1st of each year. Page 4 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING [tilf't! ?ENT PENDING SC,PS LEGAL REVIEW AND APPROVALS 2016 ILA DRA" VERSION: 09/0112016 The Local Governments shall provide any recommendations on the draft reports to the School Board within fifteen (15) calendar days of receipt. The School Board staff shall forward the draft Educational Facilities Work Plan and draft Five -Year CIP annual updates along with a copy of the Local Government's recommendations to the PTAC and the PSFPC at the time the recommendations are provided to the School Board. Upon receipt of the draft Educational Facilities Work Plan, draft Five -Year CIP, and recommendations, the PTAC shall have fifteen (15) calendar days to evaluate and forward final comments to the School Board staff for presentation to the PSFPC regarding the location and need for new schools, significant expansion, and closures of educational facilities, and the Consistency of such plans with the Local Government Comprehensive Plan and other relevant issues covered in this Agreement. The PTAC and the PSFPC will be notified of the date and time of the meeting at which the School Board will take action and will be provided a copy of the proposed Educational Facilities Work Plan and Five -Year CIP at least fifteen (15) calendar days prior to such meeting. 4.3 School Board's Five -Year Capital Improvement Plan. In preparation of the School Board's Five -Year Capital Improvement Plan and each annual update, the School Board shall undertake the following: A. Update and adopt the School Board's Five -Year Capital Improvement Plan for public schools in Seminole County and each annual update on or before September 30th of each year to provide a financially feasible program of school construction for the five year period; B. Specify all new construction, remodeling or renovation projects which will add permanent capacity or modernize existing facilities; and C. Incorporate a description of each school project, including known potential school closings, in the School Board's Five -Year Capital Improvement Plan. 4.4 Educational Plant Survey. The School Board shall transmit to the Local Governments, the PTAC, and the PSFPC a copy of the proposed Educational Plant Survey for review and comment 60 calendar days prior to any action by the School Board on the Educational Plant Survey. SECTION 5 SCHOOL SITE SELECTION, REMODELING, AND SCHOOL CLOSURES S.1 New School Sites. Potential sites for new schools will be submitted by the School Board to the jurisdictional Local Government (i.e. Local Government with land use and development order jurisdiction over the potential site(s)) for an assessment regarding Consistency with the Local Government's Comprehensive Plan before land acquisition. The jurisdictional Local Government shall have 45 we&4�& Calendar days upon receipt of a request for an assessment of a potential school site to respond to the School Board with a Consistency determination as contemplated by Section 1013.33(5) Florida Statutes. If the site is determined Consistent with the jurisdictional Local Government's Comprehensive Plan and the School Board authorizes the acquisition, lease Page 5 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING Z Ji+JIENT PENGiiid $Ca$ lJSj& REVIEW AND APPROVAL 2016 ILA DRAFT VERSION: 09/01/2016 or use of the property for a new school site, the School Board shall proceed through the appropriate development review process. If a determination is made that a proposed school site is not Consistent with the Comprehensive Plan, the jurisdictional Local Government shall identify whether it will support necessary amendments to the Comprehensive Plan to make the school site consistent. This coordination process shall be in accordance with Section 1013.33, Florida Statutes. 5.2 School Site Plan Review. Once a school site has been selected, the School Board shall comply with the appropriate development review process set forth within the jurisdictional Local Government's land development regulations. Nothing in this Agreement exempts school sites from the development review process or from ensuring the development is consistent with both the Comprehensive Plan and land development regulations. Standards and conditions shall not be imposed which conflict with the requirements established by Chapter 1013 and 553, Florida Statutes, unless otherwise agreed to by the School Board. 5.3 Closures. The School Board will establish objective criteria to evaluate school closures and suspension of operations in accordance with School Board Policy 5.31. When the School District Superintendent makes a recommendation for the closure or suspension of operations of a school, the School Board shall notify the Local Governments within 30 working days and shall provide relevant data for review. In any event, this notification must be made at least 30 days before the School District schedules a closing or suspension as an action item on an agenda. At the request of a PTAC member, the PTAC shall meet to discuss the impact of potential closures and suspensions and make findings and recommendations to the PSFPC on the impacts they will have on the community. The School Board will not close or suspend operations of a school until 30 days after a noticed public work session. Nothing set forth in this section shall be deemed to impose a limitation on the constitutional and statutory obligations of the School Board. SECTION 6 COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT APPROVALS 6.1 Local Government Development Applications Shared with the School Board. The Local Governments shall give the School District Superintendent notification of land use applications and development proposals pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided within 10 working days of receipt of the application. This notice requirement applies to any development application that would result in Proposed New Residential Development. 6.2 Criteria for Evaluating Proposed New Residential Development Applications. The Local Governments will consider the following issues when reviewing Proposed New Residential Development: A. School Board comments on Proposed New Residential Development; B. The provision of school sites and facilities within neighborhoods; C. The compatibility of land uses adjacent to existing schools and reserved school sites; D. The co- location of parks, recreation and neighborhood facilities with school sites; and Page 6 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING DOCUMENT PENDING 5CPS LEGAL L,VIEW ANDAPPROV615 2016 ILA DRAFT VERSION: 0910112016 E. The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access. 6.3 Formulating City and County Plans and Programs. In formulating Comprehensive Plans, Comprehensive Plan updates, and capital improvement programs, the Local Governments will consider the following issues: A. Scheduling of capital improvements that are coordinated with and meet the off -site capital improvement needs identified in the School Board's Five —Year Capital Improvement Plan; B. Providing incentives to the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments, and redevelopment areas, including public /private partnerships; C. Targeting capital improvements in older and distressed neighborhoods near schools; and D. Working to address and resolve multi jurisdictional public school issues. SECTION 7 CO- LOCATION AND SHARED USE 7.1 Co- Location and Shared Use. The co- location and shared use of facilities are important to both the School Board and Local Governments. The School Board, with the cooperation of the Local Government, will strive to seek opportunities to co- locate and share use of school facilities and civic facilities when preparing the School Board's Five Year Capital Improvement Plan. Likewise, co- location and shared use opportunities will be considered by the Local Governments when preparing their annual updates to their Comprehensive Plans' schedules of capital improvements and when planning and designing new, or renovating existing, community facilities. Opportunities for co- location and shared use with public schools will be considered for the following: A. Libraries; B. Parks and recreation facilities; C. Community centers; D. Auditoriums; E. Learning centers; F. Museums; G. Performing arts centers; H. Adult Education facilities; I. Joint Public- Private facilities; J. Stadiums; K. Governmental facilities; and L. Any other uses deemed appropriate by the School Board and Local Government. 7.2 Mutual Use Agreement. For each instance of co- location and shared use, the School Board and Local Government shall enter into a separate agreement which addresses liability, operating and maintenance costs, scheduling of use, security, and facility supervision, or any other issue that may arise from co- location and shared use. Page 7 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING DD( CUMENT PENDING SCPS LEGAL REYIEYJ AND APPRUVA'L" 2016 ILA DRAFT VERSION: 09/01/2016 SECTION 8 SPECIFIC RESPONSIBILITIES OF THE PARTIES 8.1 Specific Responsibilities of the Local Governments. The Local Governments shall undertake the following activities: A. Share information with the School Board regarding population projections, projections of development and redevelopment for the coming year, infrastructure required to support educational facilities, and future land use map amendments consistent with the requirements of this Agreement. B. Maintain data for approved new residential development. The data shall be provided to the School Board as follows: 1. Newly approved residential subdivisions and site plans by development name and location on an annual basis; 2. Total number of dwelling units issued Certificates of Occupancy by development and by type, as defined in the most recently adopted public schools impact fee ordinance on an annual basis; and 3. School Impact fee calculations on a quarterly basis. 8.2 Specific Responsibilities of the School Board. The School Board shall undertake the following activities: A. Annually prepare and provide to the local governments a financially feasible Five -Year and 10 -Year Capital Improvement Plan (CIP) to meet the anticipated demand for Student Stations; B. Consider school attendance boundary adjustments as may be appropriate to maximize the utilization of capacity in order to ensure that all schools of each type (elementary, middle, high) operate at optimum levels, consistent with the requirements of this Agreement and School Board policies. Final decision on changes to attendance boundaries shall be the sole authority of the School Board; C. Construct capacity enhancing and remodeling projects necessary to maintain service consistent with the Five -Year CIP; D. Provide the Local Governments with the requested data and analysis updated annually to support the Comprehensive Plan; E. Review Proposed New Residential Developments to provide the Local Governments with capacity and enrollment information for affected schools for their decision making, consistent with the requirements of this Agreement; F. Prepare and provide to the Local Governments annual reports on enrollment and capacity, consistent with the requirements of this Agreement; G. Provide necessary staff and material support for meetings of the PTAC and PSFPC as required by this Agreement; and H. Provide to the Local Government's PTAC representatives copies of Charter School applications as they are submitted for approval to the School Board. PTAC representatives will be notified when said applications are placed on the School Board's FTP site for downloading. Page 8 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING _tP1 k11, J AW, -AVP$.i Al,. 2016 ILA DRAFT SECTION 9 SCHOOL IMPACT ANALYSIS REVIEW VERSION. 09101/2016 9.1 General Provisions. The Parties shall coordinate development review to ensure that the local Governments give adequate consideration to the potential impact on public school capacities due to Comprehensive Plan Amendments and development proposals that increase residential development. A local Quern n c ndition the a r of th r idential develo n en re that nemessaa. SbQ91 11ficilifils ate i.0 21M., is 1hall 12ol f f 1201 &2yjEnmjnJ ftl isite lan , final ju§division 2r III fu ional egulyglent, gursuanj as h!amA rule ulato poW 9 rs. Final decisions on Comprehensive Plan Amendments and development proposals shall be the sole authority of the Local Governments. 9.2 Comprehensive Plan Applications. When a Local Government receives an application for a Comprehensive Plan Amendment to change the Future Land Use designation 1 ,4i "r t!tan 91 trtt3 tlttcat Sovemmene a , property that would allow Proposed New Residential Development, the Local Government shall cause a copy of the application to be forwarded to the School Board within 10 working days. The application shall be accompanied by a cover letter clearly identifying the location of the proposed development, the Future Land Use change from /to, the maximum allowable density, type of units (single - family detached, single - family attached, multi - family, and /or mobile home), any phasing schedule, and any age restrictions for occupancy. Section 9.6 provide the review methodology for this application. U op n rea ugg by a ggM122SI _I&SItting a Ija4 gW12ymgnJ If ati wit a re i en is st of Board shall issue a determination as to whether or not a development, lot or unit is exempt from the requirements and submit a copy of the determination to the local government within 10 days. For additional coordination, the Local Governments shall provide School Board contact information to the applicant. 9.3 Development Plan Applications. When a Local Government receives an application for a development proposal that would allow Proposed New Residential Development, the Local Government shall cause a copy of the application to be forwarded to the School Board within 10 working days. The application shall be accompanied by a cover letter clearly identifying the location of the proposed development, the number of residential units by type (single family detached, single family attached, multi - family, and /or mobile home), any phasing schedule, any age restrictions for occupancy, and the project site plan if readily available. Section 9.6 provides the review methodology for this application. Ng lite RiaI3, fiagiluggivilio12, or tUffAlgaill ut n f r n w restoenl 1 qmmwpalent MEMO by the goungi or giti2j, unlIgI ft relldel3tial eve o me il IxIml rn thia rggplrementj as =Miged lftldiglon 9,1 gi this r 90111 022LCARISIIY Milibilily Letter Determination (SCALD) has been issued by the School Board to the local government Indi t eith r a t h Page 9 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING LLK_l i,'ALOT ,''!Vl i,- j SLr-S L`'fi1�L IL4IL II AND APPROVALS 2016 ILA DRAFT VERSION: 09101/2016 been he Aa.ftelME s brn Ltt1nL?_dXaIopmjat girMit licati uch 11 I'll la r final subdivision with a residential c0m2Qnent that is not exempt under Section 9.5 of this ASE"ment u hao 1 ga-21citY re*& 100.0111 gre2ar2 ADd sMbLn1J.,A.UbR91 a i I A) agolluti-Qn-totfil 5jh22I 12ad for For additional coordination, the Local Governments shall provide School Board contact information to the applicant. 9.4 School Impact Analysis Review. The School Board shall have 20 working days following receipt of a Comprehensive Plan Amendment or Development ,provided by the Local Government to identify the Permanent chool Capacity available to serve the proposed project_ Test ftyi with SSIA application or SCALD test will be reviewed in the order in which it is EggSftd by ssin h thg 5ih221 Te if §turd, ft ayAlla§12 nn nen school SARISBY 01.99WIS c l ithln the schg2l 020dan92 n u a to d ggo z2,n-r1AugLcj2Jded f2l in S6 be gontaining thq PEo_22&A is Cgual to or greater than the ro roie t'a n2tded a act t g to is 2g 1§2d. The Lh2gl §2arg I Ca oo a i Y A911AW1111 =1E 21 QCICErnigalion SCALD iden i Lh-escb2ol cjea ity available to seat the 2ro2osco roject . �t# idgal AllignMgnt m not be of 1 In d=11 WO-Amb 10 tht DEQ=d r i e t development. illn t. f th v ila an ch ca aci of ub i hoofs fo an hi ch a dan a long JRj c u us atte dance e r lded In . to inin Jhq Rr-o2g_sSd r il ISSI han the groposed grglqtj neggid caggly, the tell i fjilgd., The Ighol fl2grd will Issue h N i ft dgggl2ojr, if t ca i�j il ngJ lylligble, Schggl low will Aim ft deveioaer of the following oatlons: a. a 30 day encumbrance of available school capacity, and within the am 30 day _Accent period, am 2nd the Develo ment Plan agelicati2n 12 balinct it with the available capacity, or h. AMegt a 2Q gay, encuMLTance gf ay lia l hoof cagnily, and within the sameiCl ,ttacl tx Enhamemsat, C. i n=Wlt wit tht UbOl klfd an§ 1he loc I rn 89reemen A al of ,ilin!td,In Ugion 9.7 below, or Aoneal the results of the failed test pursuant to the pr n visions in Section 12.1 below: or 0. Withdraw the A 2221101i2n. Test Abandonment. if no option under Section above is exercised by the develaper within 45 days, then the application shall be deemed abandoned. 9.5 Exempt Development Proposals and De Minimis Standards. Comprehensive Plan Amendments and evelopment Plan �lipifigaL for the following residential uses shall be Page 10 of 18 "t,7 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING PENDING WIS LEUAL RLvitw AM) Al yKQVALS 2016 ILA DRAFT VMSIONs 0910112016 considered exempt from this notice requirement and need not be transmitted to the School Board: A. All residential lots of record at the time this Agreement becomes effective. B. Any Proposed New Residential Development that has a site plan approval, final subdivision or the functional equivalent for a site development approval such as a final executed development agreement prior to the date of this Agreement. C. Any amendment to any previously approved residential development, that does not increase the number of dwelling units or change the type of dwelling units (single - family, multi- family, etc.). D. Any age restricted community with no permanent residents under the age of eighteen (18). An age restricted community shall be subject to a restrictive covenant on all residential units limiting the age of permanent residents to 18 years and older. E. De Minimis Projects, which are defined as Proposed New Residential Development projects with little impact on schools and therefore not subject to capacity review. De Minimis levels are set in the Interlocal Agreement as follows: De Minimis Standards Type of Development Single Family Housing Units Multi - Family Housing Units Application Proposed New Residential Development 5 units or less 10 units or less 9.6 School Impact Review and Development Review Table. The School Board will provide information on permanent school capacity for a Comprehensive Plan Amendment or development proposal that increases residential development, based on capacity and standards set forth by the School Board, as follows: A. Calculate total school facilities by adding the , manent. capacity provided by existing school facilities to the planned school facilities included in the first three (3) years of the Educational Facilities Work Plan. B. Calculate available school capacity by subtracting from the total school facilities the sum of: 1. Used capacity; 2. The portion of reserved capacity projected to be developed within three years; 3. The demand on schools created by the proposed development's projected student generation. C. To determine a proposed development's projected students, the proposed development's projected number and type of residential units shall be converted into projected students for all schools of each type within the specific school using the adopted Student Generation Multiplier, as established in the most current adopted Seminole County BCC Public School Impact Fee Ordinance. Page 11 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING LVi U;y *ENT PENDING x1i9k a LEQA1, A%V iCVJ A ND AFT- KC, Vi�l� 2016 ILA DRAFT VERSION: 09/0U2016 D. New permanent school capacity which is in place or under actual construction in the first three years of the School Board's Capital Improvement Plan will be added to the capacity of the facility, and is counted as available capacity for the residential development under review. E. The School Board shall create and maintain a Development Review Table (DRT) to compare the projected students from proposed residential developments to the affected school's available capacity as follows: Student enrollment projections shall be based on the most recently adopted School Board Capital Facilities Work Program, and the DRT shall be updated to reflect these projections. Available capacity shall be derived using the following formula: a. Available Capacity = School Capacity' - (Enrollment2 +#�rs�Red�') b. Where: 'School Capacity = Permanent School Capacity as programmed in the first three (3) years of the School Board's Five -Year CIP. 2Enrollment = Student enrollment as counted at the Fall FTE. 3AppFavR4 eserved = Students generated from approved yet not constructed residential developments within the affected school zones. The figures used in the DRT will be updated annually to reflect changes in building activity, enrollment and capacity. ... , OTM . Jo determins I proggled doMlg2majs 2roJ10Ld_ students, the 2roggild evel ment's 2roj2q2d pgMba and ban of re Id IaI hall hl MnyA!J!td i o students for all chools of each tyRe within the spgSific school AtIg"OUCS 1202 i a§2ggg §tud1C0J!gen!gratiQn M I I ii r , li 2stablilhed In the most current adopted _in,ole County BCC Public Uhool Impact Fee Ordinance. b. Nlw 2grManggj IShMI gleacily is 113 glar or under actual I u n i the firg thICS an -Of Jhj Uh2gl oard's Ca ital ImgMMMt01 Plan l added to thg ja2icily 1bgW0 ip tht aftled zoned sch 2gis, ggg j§,coun12dj1.jya1Iabl_e till2nily r the rrsid-ential d2y11ggm1nt under review. Page 12 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING fl(7 11�FrIT RC,' %fitr°S{ Pi1P ,AL REVIEW AND APPRVVAQ 2016 !LA DRAFT VERSION: 09 101 /2ol6 the ro"ected Itudenj gEo_Mh frgM j EgLidential develWngnj Sausgl to RgrMaagnj school a a ' be xce de t aff cted hoot a tend n n h is i with nd Jggghgl ththgljrWaDj f affeilto 1SbW gLeadance loot it i h thg arg22seg dgyClggMe!1J 11 located shall be evaluated_tQr available capacity. An adiacencv evaluation review hall s2 du 1. In conducting the ad'acencv review. the School Board shall first use the 1W1ac!tLr11 school Wilb ft mgllgyillablgggMangnicagacilMI229tuatggfaega riod Mo DtLerminillon LelLer shall ssu gnrollminj Impaq and. if !ItEeWry, 1hall ggl3tingl 12 tht he Ubggl loard shall !rah the next roost ayailabie caaacin►. 02ytlopmenj &§igg 2. Consistent with Rule 6A- 3.0171 F.A.C. at no time shall the shift impact jgraMcat to la ace t o ull i tot r i or ft moon rans a io m f jftr gilmentant r nd de x i lout cifi al ur , E21222hMbl, Iftt lanWo—flAlLontime 1hall be determftd by 1he Uhool n fl2prd transp rtat n utin st m land asur r the. school JmRact l Lo be ass!gn2g. t2 Jhl gSnteE of Jhe,LtLbiS53 Rars!tlLalat en en ilcati 20—liang The m2it dj=, i!mproyld 21AK LOOM frft ft2M MAM is lysilabir, halgrdl. not _A ne otiated gapagity Enhancement 6g=Mftl3J 9.7 Capacft Enhancement Af[reernesn In JhC v nt thgrg is n t ayjiIabIe,gjrma0S0J i o eio m n he 5chgol Bgard may entertain a Ca acit hancement reement as ao 2121ion and if jWpltd, shall lggl J131g go enfomemblg nd binding p&eerngal wi h ft dgvel2ggr to m0tatt ft 1mga.g fmm ft drX1l4 m n SECTION 10 SPECIAL PROVISIONS 10.1 School Board Requirements. The Parties acknowledge and agree that the School Board is or may be subject to the requirements of the Florida and United States Constitutions and other Page 13 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING 7 t"t!1_is id ",LN df� 3CP.I LFGAL REVIEW AND APPROVAL_ n cgoSigsion of 1he n i riod Mo DtLerminillon LelLer shall ssu f agrg2mgnt 11 Eglchtd, he Ubggl loard shall e a new t r i ion Wptr 1.2grojing.1he 02ytlopmenj &§igg Ig Ift a went , Jbg jgraMcat Measurel sball hs _memoriallptd lajagn ind §inding um i h e 5Shool Board the DjnlMer, and the local ggygrnM211J h cifi al ail r io an h el n -terms and conditions. If an n the 2Sterminitio Ligger shall getall why thl d v men is no in compliance with permanent school caoacity regui erngnts A SCALD indicatine either that IdgagaIg 02acity is lysilabir, or Jhgt there-is not _A ne otiated gapagity Enhancement 6g=Mftl3J Igttlement LolloyXing thl in ely (2QJ gay 11eMti1tLo!] I coastfLuLU fin l mm action I 12ard f r pgr22121 of ghaiptet E. SECTION 10 SPECIAL PROVISIONS 10.1 School Board Requirements. The Parties acknowledge and agree that the School Board is or may be subject to the requirements of the Florida and United States Constitutions and other Page 13 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING 7 t"t!1_is id ",LN df� 3CP.I LFGAL REVIEW AND APPROVAL_ 2016 ILA DRA" VERSION: 09 10112016 state or federal statutes regarding the operation of the public school system and the rules by the State Board of Education or Commissioner of Education. Accordingly, the Parties agree that this Agreement is not intended, and will not be construed, to interfere with, hinder, or obstruct in any manner, the School Board's constitutional and statutory obligation and sovereignty to provide a uniform system of free public schools on a countywide basis or to require the School Board to confer with, or obtain the consent of, the Local Governments, individually or jointly, as to whether that obligation has been satisfied. Further, the Parties agree that this Agreement is not intended, and will not be construed, to impose any duty or obligation on the Local Governments, individually or jointly, for the School Board's constitutional or statutory obligation. The Local Governments also acknowledge that the School Board's obligations under this Agreement may be superseded by state or federal court orders or other state or federal legal mandates. 10.2 Land Use Authority. The Parties specifically acknowledge that each Local Government is responsible for approving or denying Comprehensive Plan amendments and Development Approvals within its own jurisdiction. Nothing herein represents or authorizes a transfer of any of this authority to the School Board. 4 -o-s't4tMA-6o. -y Yu� + fog W44+, + 4 '•.`r 1 k!1i=5440re.H++e++l M,a;J- - F•.,,a- F owme a &WFRP F 4=J::_4 -�V W, -ripe. SECTION 11 AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT 11.1 Amendment of the Agreement. This Agreement may be amended by written consent of all Parties. The Agreement will remain in effect until amended in accordance with this Agreement and /or the Florida Statutes. 11.2 Notice Requirements. Any notices provided pursuant to this Agreement shall be sent to the following addresses: City Manager City of Altamonte Springs 225 Newburyport Avenue Altamonte Springs, Florida 32701 City Manager City of Casselberry 95 Triplet Lake Drive Casselberry, Florida 32707 City Manager City of Lake Mary 100 North Country Club Road Lake Mary, Florida 32795 City Manager City of Sanford 300 North Park Avenue Sanford, Florida 32771 City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 School Board Superintendent Seminole County School Board 400 E. Lake Mary Boulevard Sanford, Florida 32773 Page 14 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING _' #LW: -NG = C: ".;'i ri;.AL REV ILW AND APPROVALS 2016 ILA DRAFT City Administrator City of Longwood 175 West Warren Avenue Longwood, Florida 32750 City Manager City of Oviedo 400 Alexandria Boulevard Oviedo, Florida 32765 VERSION: 09101/2016 County Manager Seminole County Government 1101 East First Street Sanford, Florida 32771 11.3 Repeal of the Governing Statutory Requirements. If the governing statute is revised, the Agreement will be revised to be consistent with the statutory changes ,tom 16 r tten con I r ies. 11.4 Termination or Amendment of the Agreement. Any one of the Parties may recommend the termination or amendment of this Agreement by proposing the termination or amendment to the PTAC. Should the PTAC vote to support the proposed termination or amendment, the recommended action shall be transmitted to the PSFPC for consideration. Thl agrgement ma bS lgrminated or gmtnftd by X111to 52nJInt Qf f 11 11.5 Withdrawal. . . .440,.: W.,w. Withdrawal from the Agreement by any one of the Parties shall not alter the terms of the Agreement with respect to the remaining signatories, nor does it alter the withdrawing party's statutory obligations which require the Local Governments to enter into an interlocal agreement with the School Board. SECTION 12 RESOLUTION OF DISPUTES 12.1 Dispute Resolution. If the Parties are unable to resolve an issue that is covered in this Agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164, F.S. SECTION 13 EXECUTION IN COUNTERPARTS 13.1 Agreement Execution. This Agreement shall be executed in any number of counterparts, each of which so executed shall be deemed to be original, but all such counterparts shall, together, constitute one in the same instrument. SECTION 14 SUCCESSION OF AGREEMENT 14.1 Succession of Agreement. This Agreement supersedes any previous agreements between the Parties regarding public school facilities planning upon the effective date of this Agreement Page 15 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING i C "I. —C"7 PENDING SOPS Lgvnt ..— ,.. -�N0 APPROVALS 2016 ILA DRAFT YMS10"t oe /oUsofs including the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency, as Amended January 2008. SECTION 15 EFFECTIVE DATE 15.1 Effective Date. This Agreement becomes effective as of the date of the last signatory hereto. Page 16 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING D"WtdEN1 PLNUING SCPS L #CA& RFVILW ANU,6PPR€IVALS 2016 ILA DRAFT Attest: Attest: Attest: Attest: Attest: Attest: Attest: Attest: VERSION: 09 101/=6 CITY OF ALTAMONTE SPRINGS PAT BATES, Mayor Date: CITY OF CASSELBERRY CHARLENE GLANCY, Mayor Date: _ CITY OF LAKE MARY DAVID MEALOR, Mayor Date: CITY OF LONGWOOD BRIAN D. SACKETT, Mayor Date: CITY OF OVIEDO DOMINIC PERSAMPIERE, Mayor Date: aft- ^v !` A k i rt%n n JEFF TRIPLETT, Mayor Date: CITY OF WINTER SPRINGS CHARLES LACEY, Mayor Date: SEMINOLE COUNTY SCHOOL BOARD KAREN ALMOND, Chairman Date: Attest: SEMINOLE COUNTY BOARD OF COUNTY COMMISSIONERS ROBERT DALLARI, Chairman Date: Page 17 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING UQQMENT PENDING SCPS LEGAL REVIEWANQ APPROVAL S 2016 ILA DRAFT VERSION: 0910112016 Page 18 of 18 DRAFT 2016 AMENDED & RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING j.& MJ ENT eLLYRING 5CPS LE§AL REVIEW AND APPROVALS ,.. A 4, a r.� f� Flan J � y i f f CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT TABLE OF CONTENTS A. GOALS, OBJECTIVES AND POLICIES .................................................... ............................... 1 B. INTRODUCTION ................................................................................... .............................11 C. EXISTING CONDITIONS ..................................................................... ............................... 11 D. ISSUES AND CONCERNS ...................................................................... .............................19 LIST OF TABLES Table VII - 1: Inventory of Elementary Schools ......................................... .............................12 Table VII - 2: Inventory of Middle Schools ................................................ .............................13 Table VII - 3: Inventory of High Schools .................................................... .............................13 LIST OF MAPS Map VII - 1: School Ancillary Plant Facilities in Seminole County, Feb. 3009 ....................... 14 Map VII - 2: Seminole County Elementary School Locations, Feb. 2009 . ............................... 15 Map VII - 3: Seminole County Middle School Locations, Feb. 2009 .......... .............................16 Map VII - 4: Seminole County High School Locations, Feb. 2009 ........... ............................... 17 Map VII - 5: Seminole County Schools Five -Year Capital Improvement Plan, Feb. 2009 ...... 1 S VII - i CITY OF WINTER SPRINGS COMPREHENSIVE PLAN VII - ii PUBLIC SCHOOL FACILITIES ELEMENT CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT CHAPTER VII PUBLIC SCHOOL FACILITIES ELEMENT A. GOALS, OBJECTIVES AND POLICIES GOAL 1: Provide Quality Education. As a basic tenet of community life, it is the goal of the City to contribute to and maintain a high quality public school environment. Objective 1.1: Level of Service Standards and Service Boundaries. The City shall cooperate with the Seminole County School Board (School Board) in their efforts to correct existing deficiencies and address future needs through implementation of adopted level of service standards and appropriate public school facility service area boundaries. The level of service standard is a countywide standard, specified in the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency As Amended January 2008 (2007 iLA), wherein the following terms are used: Permanent Florida Inventory of School Houses (FISH):- meaning the permanent facilities within the inventory of land, buildings and rooms in public educational facilities used by the Florida Department of Education, Office of Educational Facilities; and Concurrency Service Area (CSA): A geographic unit promulgated by the School Board and adopted by local governments within which the level of service is measured when an application for residential development is reviewed for school concurrency purposes. The CSA coincides with groupings of school attendance zones within each school type based on adjacency. Level of Service (LOS) Standard- meaning a standard established to measure utilization of capacity within a CSA. [Current LOS within a CSA is determined by dividing the full -time equivalent student count (FTE) for the Fall Semester at the some type of schools by the permanent FISH capacity of the same type of schools. Projected or future LOS is determined by the dividing the projected enrolled students at the same type of schools within a CSA by the planned permanent FISH capacity of the same type of schools. Policy 1.1.1: Adoption of Level of Service (LOS) Standards. Adopt the following desired LOS standard for school capacity along with the other cities Within Seminole County, the County, and the School Board to ensure that the capacity of schools is sufficient to support student growth: 100% of the aggregate permanent FISH capacity for each school type Within each CSA. Establish the following tiered LOS standard, to financially achieve the desired los standard: 2008-2012 Beginning 2013 Elementary & 100% of Permanent 100% of Permanent FISH Middle CSA FISH Capacity Ca` acit High School 110% of Permanent 100% of Permanent FISH CSA FISH Capacity CaDCCitV VII - 1 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT Policy 1.1.2: Use of Level of Service (LOS) Standards. Coordinate through the City's Concurrency Management System with the School Board and other local jurisdictions, to ensure that the LOS standards established for each school type are maintained. Policy 1.1.3: Use of Concurrency Service Area (CSA) Boundaries. Apply school concurrency using CSA boundaries adopted by the School Board. Policy 1.1.4: CSAs for Each Type of School. Recognize the CSA boundaries established by the School Board and as re- evaluated from time to time, based on clustered attendance zones for each school type (elementary, middle and high school), based on adjacency. Policy 1.1.5: CSA Boundary Changes. Consider the modification from time to time, of CSA maps made at the determination of the School Board to maximize utilization of school capacity. Receive the proposed change request from the school board, as transmitted to the City and other local jurisdictions, with supporting data and analysis. Review and submit comments on the proposed modification to the School Board within forty -five (45) days. Policy 1.1.6: Coordination of School Board Capital Improvements Schedule and Potential CSA Boundary Changes. Receive as identified in the 2007 ILA, the School Board's annual update of its Capital Improvements Schedule of attendance zone changes, and when necessary, modifications to the CSA maps to provide maximum utilization of facilities, to the greatest extent possible. Objective 1.2: Development Review Coordination to Achieve Concurrency. The City will coordinate its development review efforts with the School Board to achieve concurrency in all public school facilities. Policy 1.2.1: Development Review Process. Withhold or condition the approval of any site plan, final subdivision, or functional equivalent for new residential units not exempted, until a School Capacity Availability Letter Determination (SCALD) has been Issued by the School Board to the City indicating that adequate school facilities exist or until a mitigation agreement has been reached, pursuant to the availability standard specified in Subsection 163.3180(13)(e), Florida Statutes. (Cross Reference: See Capital Improvements Element, Policy1.7.6; and Intergovernmental Coordination Element, Policy 1.2.9) Policy 1.2.2: Adoption of School Concurrency Provisions into the City's Land Development Regulations. Adopt school concurrency provisions into the City's land development regulations for the review of development approvals, consistent with the requirements of the 2007 ILA. Objective 1.3: Coorclination of Existing and Future School Facility Planning with the Future Land Use Element and Development Approval Process. The City shall coordinate with the School Board during development approvals and changes to the City's Future Land Use Plan Map (FLUM) to help ensure the timely provision of public school facilities. VII -2 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT Policy 1.3.1: Coordination of Comprehensive Plan Amendments and Facility Planning. Consider the availability and future provision of school facility capacity, the provision of school sites and facilities within neighborhoods, the compatibility of land uses adjacent to existing schools and reserved school sites, the co- location of parks, recreation and neighborhood facilities with school sites and the linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access during the review of proposed comprehensive plan land use map amendments. Policy 1.3.2: Site Sizes and Co- location in the City. Work with the School District to identify sites for future educational facilities that meet the minimum standards of the School Board where possible and which are consistent with the provisions of the City's Comprehensive Plan. Support the School Board in efforts to use standards more appropriate to a built urban environment, when the size of available sites does not meet the minimum School Board standards. Work with the School Board to achieve co- location of schools with City facilities, to the extent feasible, as a solution to the problem of lack of sufficiently sized sites. Policy 1.3.3: Participation in Planning Technical Advisory Committee (PTAQ. Actively participate in the PTAC, as provided in the 2007 iLA, for the purpose of discussing issues and formulating recommendations to the Public Schools Facilities Planning Committee (PSFPC) regarding coordination of land use and school facilities planning, including such issues as population and student projections, development trends, school needs, co- location and joint use opportunities, ancillary infrastructure improvements needed to support the schools, School Board Five -Year Capital Improvement Plan and the Public School Concurrency Program. (Cross Reference: See Intergovernmental Coordination Element, Policy 1.2.7) Policy 1.3.4: Determining Impacts. Determination of adequate school capacity will be the responsibility of the School Board. Policy 1.3.5: Notification of Submittal of Residential Applications. Notify the school Board within 10 working days of receipt of any land use or development application having a residential component and transmit submitted subdivision plans and site plans to the School Board for their review. Policy 1.3.6: Notification of Meetings. Provide the School Board with agendas of staff review, the Planning & Zoning Board /Local Planning Agency and the City Commission meetings. Objective 1.4: Concurrency. The City shall require that public school facility capacity is available concurrent with the impacts of new residential development, as required by Subsection 163.3180(13)(e), Florida Statutes (F.S.) Policy 1.4.1: Timing of Concurrency Review. Require that all new residential development be reviewed for school concurrency prior to development approval, as defined in the 2007 ILA. VII -3 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT Policy 1.4.2: Results of Concurrency Review. Comply with the availability standards of Subsection 163.3180(13)(e), F.S., and do not deny development approval due to failure to achieve the adopted LOS for public school facilities when the following occurs: • Adequate school facilities are planned and will be in place or under construction within three (3) years of the development approval. • The developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities consistent with the methodology in the 2007 ILA. Policy 1.4.3: Residential Uses Exempt from the Requirements of School Concurrency. Exempt the following residential uses from the requirements of school Concurrency: • All single family lots of record at the time the school Concurrency implementing ordinance became effective. • Any new residential development that has a preliminary plat (final subdivision) or site plan approval or the functional equivalent for a site specific development order prior to the commencement date of the School Concurrency Program. • Any amendment to a previously approved residential development which does not increase the number of dwelling units or change the type of dwelling units. ® Any age restricted community with no permanent residents under the age of 18 (a restrictive covenant limiting the age of residents to 18 and older shall be required.) Policy 1.4.4: Use of Revenues Received Through Proportionate Share Mitigation. Direct any revenues for proportionate share mitigation toward a school capacity improvement identified in the School Board's Five -Year Capital Improvement Plan. Policy 1.4.5: Proportionate Share Mitigation. Consider in the event, that there is not available school capacity to support a development, that the School Board may entertain proportionate share mitigation options and, if accepted, enter into an enforceable and binding agreement with the developer to mitigate the impact from the development through the creation of additional school capacity. A. Recognize when the anticipated student impacts from a proposed development cause the adopted LOS to be exceeded, the developer's proportionate share will be based on the number of additional student stations necessary to achieve the established LOS. Calculate the amount to be paid by the cost per student station for elementary, middle and high school as determined and published by the State of Florida. B. Calculate a developer's proportionate share mitigation through the following methodology: Vll -4 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT Proportionate Share = ('Development students - Available Capacity) x 2Total Cost per student station Where: 'Development students = those students from the development that are assigned to a CSA and have triggered a deficiency of the available capacity. 2Total Cost = the cost per student station as determined and published by the State of Florida. C. Allow the applicant to enter a 90 -day negotiation period with the School Board in an effort to mitigate the impact from the development through the creation of additional capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter Into a binding and enforceable development agreement with the School Board. 1. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a school capacity project identified in the School Board's Five -Year Capital Improvement Plan. Capacity enhancing projects identified within the first three (3) years of the Five -Year Capital Improvement Plan shall be considered as committed in accordance with Section 9.5 of the 2007 ILA. 2. If capacity projects are planned in years four (4) or five (5) of the School Board's Five -Year Capital Improvement Plan within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development In accordance with the formula provided in Section 12.7 (B) of the 2007 iLA. 3. If a capacity project does not exist in the Capital Improvement Plan, the School Board will add a capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer's proportionate share mitigation contributions. Mitigation options may Include, but are not limited to: a. Contribution of land or payment for land acquisition suitable for and in conjunction with, the provision of additional school capacity; or b. Mitigation banking based on the construction of a educational facility in exchange for the right to sell capacity credits; or c. Provide modular or permanent student stations acceptable for use as an educational facilities; or d. Provide additional student stations through the remodeling of existing buildings acceptable for use as an educational facility; or VII -5 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT e. Construction or expansion of permanent student stations at the impacted school within the CSA; or f. Construction of an educational facility in advance of the time set forth in the School Board's Five -Year Capital Improvement Plan. D. Recognize for mitigation measures (a) thru (f) above, that the estimated cost to construct the mitigating capacity will reflect the estimated future construction costs at the time of the anticipated construction. Improvements contributed by the developer shall receive school impact fee credit. E. Apply an impact fee credit against the proportionate share mitigation total. Credits will be given for that portion of the impact fees that would have been used to fund the improvements on which the proportionate fair share contribution was calculated. The portion of impact fees available for the credit will be based on the historic distribution of impact fee funds to the school type (elementary, middle, high) in the appropriate CSA. Impact fee credits shall be calculated at the same time as the applicant's proportionate share obligation is calculated. Any school impact fee credit based on proportionate fair share contributions for a proposed development cannot be transferred to any other parcel or parcels of real property within the CSA. F. Do not amend or refund a proportionate share mitigation contribution after final site plan or plat approval to reflect a reduction In planned or constructed residential density. G. Recognize that any proportionate share mitigation must be directed by the School Board toward a school capacity improvement identified In the School Board's Five -Year Capital Improvement Plan. H. Require upon conclusion of the negotiation period, that a second Determination Letter be issued. If mitigation is agreed to, the School Board shall issue a new Determination Letter approving the development subject to those mitigation measures agreed to by the local government, developer and the School Board. Prior to, site plan approval, final subdivision approval or the functional equivalent, the mitigation measures shall be memorialized In an enforceable and binding agreement with the local government, the School Board and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. If mitigation is not agreed to, the Determination Letter shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A SCALD indicating either that adequate capacity is available, or that there is not a negotiated proportionate share mitigation settlement following the ninety (90) day negotiation period as described in Section 12.7($) of the 2007 !LA constitutes final agency action by the School Board for purposes of Chapter 120, F.S. LFAI I ff-i CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT Policy 1.4.6: Appeal Process. Recognize that a person substantially affected by the School Board's adequate capacity determination made as a part of the School Concurrency Process, may appeal such determination through the process provided in Chapter 120, F.S. Policy 1.4.7: Consideration of Adjacent Concurrency Service Areas. Consider if the projected student growth from a residential development causes the adopted LOS to be exceeded in the CSA, that an adjacent CSA which is contiguous with and touches the boundary of the concurrency service areas within which the proposed development is located, be evaluated for available capacity. Conduct an adjacency evaluation review as follows: 1. In conducting the adjacency review, the School Board shall first use the adjacent CSA with the most available capacity to evaluate projected enrollment impact and, if necessary, shall continue to the next adjacent CSA with the next most available capacity in order to ensure maximum utilization of school capacity to the greatest extent possible. 2. Consistent with Rule 6A- 3.0171, F.A.C., at no time shall the shift of impact to an adjacent CSA result in a total morning or afternoon transportation time of either elementary or secondary students to exceed fifty (50) minutes or one (1) hour, respectively. The transportation time shall be determined by the School Board transportation routing system and measured from the school to the center of the subject parcel /plat in the amendment application, along the most direct improved public roadway free from major hazards. Objective 1.5: Procedure for Annual Update of Capital Improvements Element. The City shall amend its Capital Improvement Element (CIE) to include that portion of the adopted School Board's Five -Year Capital Improvement Plan which deals with capacity improvements. Policy 1.5.1: Annual Update of Capital Improvements Element. Update on an annual basis, no later than December 1'I of each year, the City's Capital Improvements Element to include that portion of the School Board's annual update of their financially feasible Five -Year Capital Improvement Plan related to capacity improvements. However, the City shall not have the obligation, nor the responsibility for funding or accomplishing the School Board Five -Year Capital Improvement Plan. Policy 1.5.2: Addition of New Financially Feasible Fifth Year Projects During Each Update. Include with each annual update to the Capital Improvements Element a new fifth year with its financially feasible school capacity projects that have been adopted by the School District in its update of the Five -Year Capital Improvement Schedule. Policy 1.5.3: Compliance with Florida Statute in Timing of Capital Improvements Element Update. Amend the City's Capital Improvements Element to reflect changes to the School District's Five -Year Capital Facilities Plan in compliance with timing requirements of Florida Statutes. VII - 7 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT Objective 1.6: Ensuring Compatibility with Surrounding Land Uses, Encouraging Co-location with Appropriate City Facilities, Location in Proximity to Residential Areas to be Served and Function as a Community Focal Point. The City shall ensure compatibility of school facilities with surrounding land use through the development review process and shall encourage, to the extent feasible, co- location of new schools with compatible City facilities, and the location of school facilities to serve as community focal points. Policy 1.6.1: Allowable Locations of School Sites and Compatibility Standards. Allow school sites within any land use designation in the City except Conservation and Industrial. (Cross Reference Future Land Use Element, Policy Ensure compatibility with adjacent land uses will be ensured through the following measures: New school sites within the City must not be adjacent to any noxious Industrial uses or other property from which noise, vibration, odors, dust, toxic materials, traffic conditions or other disturbances would have a negative impact on the health and safety of students. • Public school sites shall be compatible with environmental protection, based on soils, topography, protected species and other natural resources on the site. • An assessment of critical transportation issues, including provision of adequate roadway capacity, transit capacity and bikeways, shall be performed for proposed school sites prior to any development to ensure safe and efficient transport of students. • New school sites must comply with the City's land development regulations and must minimize potential detrimental impacts on adjacent uses by providing sufficient on -site parking, sufficient Internal vehicular circulation to ensure that unsafe stacking of vehicles on access roads does not occur, containment of off -site light spillage and glare, and reduction of off- site noise through compliance with the City's buffer requirements. New school sites for elementary and middle schools shall be located in close proximity to existing or anticipated concentrations of residential development. New school sites for high schools and specialized schools are suitable for other locations, due to their special characteristics. a The development review process shall ensure that facilities such as sanitary sewer and potable water will be available at the time demanded by the new school site, and services such as public safety can also be provided. New school sites in shall have safe ingress and egress for pedestrians, bicycles, cars, buses, service vehicles and emergency vehicles. High schools should be located with access to collector or arterial roads, rather than relying solely on local roads. Policy 1.6.2: Cc- Location and Community Focal Point. Encourage to the extent feasible, the co- location of new school sites with appropriate City VII -8 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT facilities, recognizing that new schools are an essential component in creating a sense of community. Encourage, through the development review process, the location of new school sites so they may serve as community focal points. Enter into an interlocal agreement with the School Board where co- location takes place, to address shared uses of facilities, maintenance costs, vehicular and bicycle parking, supervision and liability issues, among other concerns. Objective 1.7: Ensuring Provision of Necessary Ininasfrucfure. There shall be coordination between the City and the School Board in the timely provision of infrastructure to support public school facilities. Policy 1.7.1: Maximizing Efficiency of Infrastructure. Seek to maximize efficient use of existing infrastructure and avoid sprawl development by identifying future school sites that take advantage of existing and planned roads, potable water, sanitary sewer, parks, and drainage systems, during participation in the future school site identification process detailed in the 2007 ILA. Policy 1.7.2: Safe Student Access. Provide safe student access to school sites by coordinating the construction of new neighborhoods and residential developments, expansion of existing neighborhoods and developments and redevelopment or revitalization of existing neighborhoods and developments with Seminole County's safe road and sidewalk connection programs to school sites. Policy 1.7.3: Bicycle Access and Pedestrian Connection. Coordinate bicycle access to public schools consistent with the Seminole County bicycle plan adopted by the metropolitan planning organization, METROPLAN ORLANDO. Revise the City's land development regulations, as needed to specify that performance standards for new residential developments adjacent to existing and proposed school sites other than age restricted developments, shall include pedestrian connections between the sidewalk network within the development and the adjacent school site. Policy 1.7.4: Coordination to Ensure Necessary Off -Site improvements. Work with the School Board, during the development review process for a proposed new school facility, to determine the party or parties responsibility for the financing, construction, operating, and maintaining of any needed off -site improvements, including but not limited to: signalization, installation of deceleration lanes, roadway striping for crosswalks, safe directional /warning signage and installation of sidewalks. Consider a new development adjacent to or sharing an access road with an existing school or future school site, as mitigation of the traffic impacts of the development, for safe access to the school. Efforts may include, but are not limited to: developer striping of crosswalks, developer installation of sidewalks, payment for safe directional /warning signage, and payment for signalization. Policy 1.7.5: Inclusion of Provisions for School Buses. Revise the City's land development regulations to require the inclusion of school bus stops and VII -9 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT turnarounds in new residential developments that are not age restricted. Objeclive 1.8: Coordination with School Board and Cities. The City shall coordinate with the School Board and other local jurisdictions as specified by the procedures in the 2007 ILA and provide information for emergency preparedness. Policy 1.8.1: Providing Data to the School Board. Maintain data on the approved number of residential dwelling units by unit type and location and the corresponding number of units within each development that have received a certificate of occupancy (CO). Provide the data to the School Board annually by October 151'. Policy 1.8.2: Providing Representation. Assign representatives to take part in committees and meetings, as specified by the 2007 ILA.. Assign a staff representative to the PTAC, which shall meet as specified in the 2007 ILA. Appoint an elected official or designee to the PSFPC, which shall meet as specified in the 2007 ILA. Policy 1.8.3: Advising of Proposed Changes. Provide notification in accordance with the 2007 ILA to the School Board of proposed amendments to the Future Land Use Map - 2030 (FLUM), rezonings, developments of regional impact, and /or major residential or mixed use development projects that may increase residential densities, effect student enrollment, enrollment projections, or school facilities. Provide such notice within 10 working days of receipt of the application. Policy 1.8.4: Emergency Preparedness. Continue to provide information needed by the School Board and local jurisdictions for emergency preparedness purposes. Vil - 10 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT B. INTRODUCTION The purpose of this document is to support the timely provision of the Seminole County School Board (School Board)'s constitutional and statutory obligation and sovereignty to provide a uniform system of free public schools on a countywide basis. It is not the intent to require the School Board to confer with, or obtain the consent of, the City, as to whether that obligation has been satisfied. Additionally, this Element is not intended to be construed to impose any duty or obligation on the City for the School Board's constitutional or statutory obligations. The City does not have the authority to directly provide school facilities, but is required by State Law to work with the School Board to address the coordination of public school facility planning with land use planning and development approvals. The City continues to be responsible for approving or denying comprehensive plan amendments and development approvals within its own jurisdiction, and nothing herein represents or authorizes a transfer of any of this authority to the School Board. Legislation enacted by the 2005 Florida Legislature mandated a comprehensive approach to school planning by revising laws that govern both school districts and local government planning. A coordinated effort was undertaken by the local jurisdictions of Seminole County and the School Board. Preparation of a new Interlocal Agreement for Public School Facility Planning and School Concurrenry including procedures for coordinating land use planning, development approvals and school planning was the first step in this process and was adopted by the Board of County Commissioners, City Commissions, and the School Board in 2007 and amended in January 2008. The 2005 Legislation also included adoption of a Public School Facilities Element, consistent with those adopted by the other local governments within the County and consistent with the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency As Amended January 2008 (2007 iLA), Sections 163.3177(12) and 163.3180 F.S. and Rule 9J- 5.025, F.A.C. and which describes a proportionate -share mitigation methodology. Additional amendments to the City's Comprehensive Plan required by the 2005 legislation include: Adoption of the Level of Service (LOS) standards applicable county -wide that establish maximum permitted school utilization rates relative to capacity into the Capital Improvements Element; • Adoption of the financially feasible Public School Capital Facilities Program addressing school capacity improvements into the Capital Improvements Element that is adopted as part of the School Board's overall Capital Improvements Program; Amendments to revise objectives and policies that address the City's process of coordination with the School Board in the Intergovernmental Coordination Element. C. EXISTING CONDITIONS The following Tables Indicate permanent school building capacity for every school under the jurisdiction of the School Board: VII - 11 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT Table VII - 1: Inventory of Elementary Schools Elementary School Site Acreage 15 20 17 34 10 10 15 21 25 15 15 20 19 15 25 15 15 11 10 21 15 11 11 15 25 15 15 15 15 16 15 15 16 16 15 20 Bldg Sq Ft 116,223_ Perm. Bldg Student Capacity* 991 1,026 1.008 94_2_ 906 82.7 932_ 843 _974 956 601 695_ T797 804_ 625 _ 44_(a) 888 664 933 863 SY 09 -10 Projection _ _ 807 1034 977 692 _ _ 665 7_42 722 Altamonte Elementary Bear Lake Elementary _ _ 106,368 Bentley Elementary Carillon Elementary Cosselberry Elementary 127 00 125,997 105,147 Crystal Lake Elementary Eastbrook Elementary English Estates Elementary Evans Elementary Forest City Elementary 110,873 107,352 117,412 74_0_ 825 757 508 65_2_ -694 9_59 516 _ 23 (b) _859 698 827 634 103,745 133,598 Geneva Elementary Goldsboro Elementary 102,803 106,421 89,598 Hamilton Elementary Heathrow Elementary 89,172 Highlands Elementaq 106,395 Hopper Elementary and Middle o Idyllwilde Elementary _ Keeth Elementary 104,399 76,921 72,452 Lake Ma!y Elementary Lake Oriente Elementary 80,067 Lawton Elementary Layer Elementary School Longwood Elementary Midway Elementary Partin ElementarX 119,445 882 7_35 715 735 854 80_1 829 819 964 725 643 991, 937 713 861 877 810 8401 793 570 604 403 769 _717 _ 822 863 _ _760 789_ 708 _604 8_59 770 812 892 520 697 _ 117,306 83,704 77,664 92,989 Pine Crest Elementary Rainbow Elementary Red Bug Elementary 104,709 9_1,341 9_7,335 78,047 Sabal Pouts Elementary Spring Lake Elementary Stenstrom Elementary Sterling Park Elementary 83,638 920372 78,502 Walker Elements School 115,802 Wekiva Elementary Wicklow Elementary Wilson Elementary Winter Springs Elementary Woodlands Elementary 64,338 113,694 117,159 107,487 1 95,295 * 1000/6 of Student Stations (a) Combination Elementary and Middle School (b) Elementary School Only Source: Florida inventory of School Houses (FISH) and Seminole County School District, February 2009 VII - 12 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN Table VII - 2: Inventory of Middle Schools PUBLIC SCHOOL FACILITIES ELEMENT Middle School site Acreage Bldg Sq Ft Perm. Bldg Student Capoe1w SY 09-10 Proledion Greenwood Lakes Middle Hopper Elementary and Middle (d) Indian Trails Middle 25 _ 2_0 185,964 166 249 146,427 1,240 4_4 (d) 1,386 1,345 1,355_ 1,223 1 64 1,261 1,153 79 (a) 1,414 1,179 1,476 1,250 1,058 21 (b) 1,257 1,328 1,356 1,055 1,343 968 1,054 19 (b) 1,343 1,122 1,530 1,133 Jackson Heights Middle Lawton Chiles Middle Markham Woods Middle Millennium Middle Mllwee Middle Rock Lake Middle _62 _. 25 22 28 27 193,512 179,920 212,031 _ _ 147,596 131 Rosenwald Middle and High (a)_ _ Sanford Middle _ South Seminole Middle �17 28 _21 20 159,741 143,730 Teague Middle Tuskawilla Middle 148,072 _ 20 170701 * 95% of Student Stations (a) Combination Middle and High School (b) Middle School Only (d) Combination Elementary and Middle School Source: Florida Inventory of School Houses (FISH) and Seminole County School District, February 2009 Table VII - 3: Inventory of High Schools High School Acr"ge Bldg Sq H 103,956 362,973 364,488 I Penn. Capldaclty* Student 759** 250 2,678 2,859 v Proen Crooms AcadeTj of Information Excel Senior Hi h 20 588 125 2,195 2,912 2,277 2,376 2,368 1,964 60 (b) 3,083 1 2,218 _ Hagerty Senior High Lake Brantley Senior High _ y _60 522 Lake Howell Senior High Lake Mary Senior High Lyman Senior Hi 43 50 308,744 2,277 2„765 21441 2,767 2,615 2,360 357,293 364,309 T_ _ 47 ^� 52 ._ - 53 59 Oviedo Senior High _ 359,371 Rosenwald Middle and Hi h (a).� Seminole Senior High Winter Springs Senior High 350,706 305,635 * 90% of Student Stations ** 85% of student stations (a) Combination Middle and High School (b) High School Only Source: Florida Inventory of School Houses (FISH) and Seminole County School District, February 2009 The following exhibits illustrate locations of existing ancillary plant facilities, existing schools, and locations of proposed capital Improvements to existing school facilities. No new ancillary plant facilities are planned. The CSA boundary maps are included in the Support Documents. VII - 13 Z cWc J W N W Q 0 0 V H V m 8 N Ym. c 0 u m 0 C .E C �w m �Y Q W C a d. O •C z CL. a g o ju W V H N LU W W ad 0 CL Q c V8 c J •n U L C1 V bf� J L_ Q� N m 2 �i i l E I 1_ �• ti �J 44 n 0 4 J r z W I J W �W V J 0 0 u In u J CA d 8 m W a c 0 0 Y O J O O s Y N C O E d W t C D O u zz m a g e_ t/1 d �E OC W m W � y 3= W W y ad 0 d c. 0 V u 7 (L.. p r_ J L G C .r i. rQ V , y r G i Y a 6 N _ I `r A i J W W J_ V LY J 0 0 u N u m d 0 ZZ M g d N a. sm W H ' _ZN ui 3 W W 0 at 9L F- 0 u S N A m O. N C O O J O O .0 u N m 'O .a t C pa O m 0 C I M CL a rE •n J i 4 E bf 4 J L 3 t� i �O F- Z W W W P LL J 0 0 u N V m d N 0 Z Z rm g CL a N ad W H ' ZN § W S W W O� _ 0 V V a 8 m U. N C 0 I 0 u O 0 s u N .0 O1 C s m O C IL I d S Lit � Q Q A i .,� 0L P o Y C � a N �xn Z LU 2 tu V) � � � O O _ � g an � � C4 A � e ■ E % ■ § ■ ■ F � ■ � � > U. a ■ u 4A � ■ � V q z m a © L e 2w CL r& 22 a U_ L . O$ OS Go > } � , � f � ! 1 2 k 2 ! " | § 7 � � \ � � \ I � � , 2 _■ k 2 � c § / . § . ■� �, \ \ U. | w all� ��� ■ � � $ ( �} ■ _- ©� � � $ � ®� ■ ■ � @ � $ � »�« � Go > CITY OF WINTER SPRINGS COMPREHENSIVE PLAN D. ISSUES AND CONCERNS 1. Identifying Sites for Future School Facilities PUBLIC SCHOOL FACILITIES ELEMENT The 2007 ILA provides a process for identifying future school sites. The process includes, at a minimum, semi - annual meetings of the Planning Technical Advisory Committee (PTAC) that can be used to coordinate land use and school facility planning. The next step in that process is a committee created by the 2007 ILA, the Public Schools Facilities Planning Committee ( PSFPC). The PSFPC has several responsibilities, including review of PTAC findings and submittal of recommendations to the School Board. In order to ensure that the redevelopment and revitalization of older portions of unincorporated Seminole County can continue, the issue of sites will continually need to be addressed as part of the ongoing cooperative planning effort specified by the 2007 ILA. 2. Population and Student Projections In accordance with the 2007 ILA, the City and the School Board will share population projections and projections of student enrollment for use in their planning efforts. The 2007 ILA specifies that the parties will use student enrollment projections provided by the School Board. However, the source of student enrollment projections is based on the Capital Outlay Full Time Equivalent ( COFTE) cohort projections Issued by the Department of Education in July of each year. These COFTE projections are related to past enrollment trends and do not consider such factors as reduced land availability for future growth and development. As the City grows closer to reaching build -out, these projections will become less reliable. 3. Proportionate Share Mitigation Efforts and Alternative Mechanisms for Ensuring School Capacity The 2007 ILA outlined the process by which the School Board may entertain proportionate share mitigation options. Proportionate share mitigation allows a developer to pay that portion of the cost of providing capacity in a school facility that is necessary to serve that particular development or redevelopment project. The methodology for calculating a developer's proportionate share as specified in the 2007 ILA is included in this Element and will be added to the City's Land Development Regulations as part of the Concurrency Management System. Mitigation options offer a variety of alternatives, including construction of a charter school by the developer. If a mitigation proposal fails, the 2007 ILA offers an appeal process specified by Chapter 120, Florida Statutes (F.S.) as an alternative. Another allowable alternative mechanism for mitigation impacts on schools is the establishment of an Educational Facilities Benefit District as allowed by Section 1013.355, F.S. This option permits school districts and local governments to enter into separate interlocal agreements to arrange for financing a school to allow redevelopment, revitalization or other development efforts, when property owners involved agree to this special assessment. Osceola County adopted an ordinance creating such a District in 2003. Should redevelopment and revitalization efforts in the City be unable to proceed, even with proportionate share mitigation, further examination of the use of an Educational Facilities Benefit District may be needed. VII - 19 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN PUBLIC SCHOOL FACILITIES ELEMENT VII - 20