HomeMy WebLinkAboutSeminole County Interlocal Public School Facility Planning and School Concurrency 2022 (PARCIAL - need School Board sig) 2022 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
THIS AGREEMENT is entered into with the City of Winter Springs (hereinafter
referred to as the "City"), and the School Board of Seminole County (hereinafter referred
to as the "School Board"), collectively referred to as the "Parties".
WHEREAS, the City 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 City 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 City 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 City 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, it is in the public interest to structure Concurrency Service Areas so
as to reduce student transportation costs, minimize student transportation times, and
maximize current and future student capacity at schools in close proximity to actual and
projected population of school age children, while still respecting opportunities for land
development in Seminole County; and
WHEREAS, Section 1013.33(4), 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 part 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 decision making on population projections and
public school siting; and
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WHEREAS, Sections 163.31777 and 1013.33, F.S., require the City 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, Section 163.3180(6)(a) F.S. requires local governments that choose
to apply concurrency to public education facilities to include principles, guidelines,
standards, and strategies, including adopted levels of service, in their comprehensive
plans and interlocal agreements; and
WHEREAS the School Board and City have chosen to apply concurrency, as
applied to an application for a development permit with the jurisdictional limits of the City of
Winter Springs, to public education facilities using Concurrency Service Areas as
described in Appendix "A"; and
WHEREAS, the City is 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 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(6)(f)2,
F.S.; and
WHEREAS, the School Board, is entering into this Agreement in reliance on the
City's obligation to adopt amendments to their local comprehensive plans to impose
optional School Concurrency as provided in Sections 163.3180(1)(a) and 163.3180(6)(a),
F.S.; and
NOW THEREFORE, be it mutually agreed among the School Boardand the City
(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.
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INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
TBD Seminole County, Florida
Table of Contents
SECTION 1 DEFINITIONS..........................................................................................5
SECTION 2 COMMITTEES AND DUTIES...................................................................8
2.1 Planning Technical Advisory Committee (PTAC).................................................8
2.2 Public Schools Facilities Planning Committee (PSFPC) ......................................8
SECTION 3 STUDENT ENROLLMENT AND POPULATION PROJECTIONS............9
3.1 Population and Student Enrollment Projections Distributed Annually...................9
3.2 Student Projections..............................................................................................9
SECTION 4 COORDINATING AND SHARING OF INFORMATION ...........................9
4.1 School Board Educational Facilities Work Plan....................................................9
4.2 Educational Plant Survey.....................................................................................9
SECTION 5 SCHOOL SITE SELECTION,REMODELING,AND SCHOOL CLOSURES.........10
5.1 New School Sites...............................................................................................10
5.2 School site Plan Review....................................................................................10
5.3 Remodeling and Closures..................................................................................10
5.4 Joint Consideration of On-Site and Off-Site Improvements................................11
5.5 Expansion, Renovation, or Construction............................................................11
SECTION 6 LOCAL PLANNING AGENCIES(LPA), COMPREHENSIVE PLAN AMENDMENTS,
REZONINGS,AND DEVELOPMENT APPROVALS.........................................11
6.1 Appointed LPA Members...................................................................................11
6.2 County and City Development Applications Shared with the School Board........11
6.3 Criteria for Evaluating Residential Development Applications............................11
6.4 Formulating City and County Plans and Programs.............................................12
SECTION 7 CO-LOCATION AND SHARED USE.....................................................12
7.1 Co-Location and Shared Use.............................................................................12
7.2 Mutual Use Agreement......................................................................................12
SECTION 8 SPECIFIC RESPONSIBILITIES OF THE PARTIES ..............................13
8.1 Specific Responsibilities of the City ..................................................................13
8.2 Specific Responsibilities of the School Board ....................................................13
SECTION 9 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN............................14
9.1 School Board's Five-Year Capital Improvement Plan.........................................14
9.2 Educational Facilities Work Plan........................................................................15
9.3 Transmittal.........................................................................................................15
9.4 Adoption ............................................................................................................15
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8VTERL{}CAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL C{}0CURRENOY
TBD
8e/n/nnke County, Florida
Table of Contents continued
SECTION 1O COMPREHENSIVE PLAN ELEMENTS.................................................16
10.1 Required Comprehensive Plan Amendments ....................................................15
10.2 Development, Adoption, and Amendment of the Capital Improvements
Element /C|E\....................................................................................................15
SECT|ON11 SCHOc]LCOyJCURREyACY PROGRAM ...............................................1G
11.1 Commencement nf School Connurranny............................................................1O
11.2 Conoumonoy Service Areas kCSA\.....................................................................1O
11.3 Level of Service (LOS).......................................................................................17
11.4 School ConounenoyReoulations— ............. .....................................................17
SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS...............................18
12.1 General Provisions ............................................................................................i8
12.2 School Conounency Application Review................ ........... ...............................10
12.3 Methodology......................................................................................................2U
12.4 Development Review Table........................................................................... ...21
12.5 Development Agreement for Mitigation..............................................................22
12.8 School ConournannyApproval -------------------------24
127 Reserved Capacity ............................................................... ............................24
12.8 Appeal Process ...................................................................................25
SECTION 13 OVERSIGHT..........................................................................................36
13.1 Oversight.................................... ......................................................................25
SECTION 14 SPECIAL PROVISION...........................................................................2G
14.1 School Board Reouinsnnenta ............................................................................2O
14.2 Land Use Authority............................................................................................2O
SECTION 15 AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT....26
151 Amendment of the Agreement...........................................................................2O
15.2 Notice Requirements.........................................................................................2O
15.3 Repeal nf the Agreement...................................................................................27
15.4 Termination of the Agreement ............— ...........................................................27
15.5 VVithdrovvaL----------------------------------.2y
SECT|ON1G RESOLUTION CJF DISPUTES...............................................................37
10.1 Dispute Resolution.............................................................................................27
SECTION 17 EXECUTION |y6 COUNTERPARTS----.---.-------.---..27
171 Agreement Execution ........................................................................................27
SECTION 18 SUCCESSION OF AGREEMENT..........................................................27
181 Succession of Agreement..................................................................................27
SECT|ON1B EFFECTIVE DATE.................................................................................27
191 Effective Date .....................................................................................27
APPENDIX "A" Concurrency Service Areas (CSA)....................................37
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 in which all resident students are assigned to a
specific school or region school.
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)
F.S, as adjusted by the FDOE Office of Educational Facilities.
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 and do not have a
specified capacity as defined in Rule 6A-2.0010 F.A.C. State Requirements for
Educational Facilities 2014 ("SREF") and FISH. Charter schools are not included in
concurrency or enrollment calculations.
City: City of Winter Springs
Comprehensive Plan: A plan that meets the requirements of Sections 163.3177 F.S.
Concurrency Service Area (CSA): A geographic unit promulgated by the School Board
and adopted by the City within which the level of service is measured when an application
for residential development within the jurisdictional limits of the City of Winter Springs is
reviewed for school concurrency purposes under this Agreement. The CSA's which are
applicable to this Agreement are specifically and exclusively identified as set forth in
Appendix"A."
Consistency: Compatible with and furthering the goals, objectives and policies of the
County and City's Comprehensive Plan Elements and this Agreement.
Core Facilities: The media center kitchen/cafeteria, multi-purpose, toilet facilities,
administration, gymnasiums, auditoriums, and circulation space of an educational facility.
Days: All references to "days" or "day" mean calendar days unless specifically noted
otherwise.
Developer: Any person, including a governmental agency, undertaking any residential
construction.
Development Agreement for 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 mitigation proportionate to the demand for public school facilities to be
created by actual development of the property, as set forth in Section 163.3180(6)(h)2 F.S
Development Approval: Site plan, final subdivision or functional equivalent, issued by
the City granting, or granting with conditions, a Development Application.
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.
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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.
Educational Facility: The buildings, equipment, structures, ancillary, site improvements,
and special educational use areas that are built, installed or established to serve public
educational purposes.
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 student
based on projected capital outlay FTE(COFTE)counts prepared and issued by the FDOE.
Fall Semester Student Count: The fall semester student count (Second Survey) of all
"full-time equivalent" students, pursuant to Chapter 1011.62, F.S.
Five-Year Capital Improvement Plan: The School Board's annually adopted financially
feasible, five-year list of capital improvements which address 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 to include permanent and
portable student stations (hereinafter referred to as "FISH).
Level of Service Standard (LOS): ): A standard or condition established by the School
District to measure utilization within a concurrency service area. Current Level of Service
is determined by the sum of the Fall Semester Student Count at the same type of schools
within a concurrency service area, divided by the sum of the Program School Capacity of
the same type of schools within a concurrency service area
Local Governments: the City of Winter Springs or as applicable Seminole County and
other Seminole County 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.
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
an 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
—49 years
Planning Technical Advisory Committee (PTAC): This committee is comprised of
planning staff representatives from the City 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.
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Program School Capacity: The optimal number of students that can be housed for
instruction at an educational facility as prescribed in School Board Policy po5120—School
Attendance Zones and Interzone Transfers in permanent, modular, and temporary type
classroom spaces designated in FISH.
A. Program School Capacity of an elementary school is 95% of the sum of student
stations assigned to permanent, modular, and temporary classrooms at the school.
B. Program School Capacity of a middle school is 90% of the sum of student stations
assigned to permanent, modular, and temporary classrooms at the school.
C. Program School Capacity of 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 School Board Policy po5120 — School Attendance Zones and
Interzone Transfers and Rule 6A-2.0010 F.A.C., State Requirements for
Educational Facilities.
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 1013.33
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 the City 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.
Reserved Capacity: School capacity that is assigned to a proposed project once it has
received a SCALD approval for the project's SCALD 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 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, advising that capacity has been reserved.
School Capacity: See Program School Capacity
School District: The School District of Seminole County is created pursuant to Article IX,
Section 4, of the Florida Constitution.
School Impact Analysis (SCALD Application): 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 of this Agreement.
School Year: Means the period from July 1 to June 30.
Student Station: A satisfactory space contained within a building or structure as
designated in FISH that can accommodate a student for an instructional program.
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Temporary Classroom: Also referred to as a relocatable or portable 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 less than 35 years. Temporary classrooms generally consist of
mobile trailer structures or transportable wood frame type structures. Student stations in
temporary classrooms shall not be considered for the purposes of determining
concurrency or included in any capacity determination of any CSA.
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 Program School Capacity as determined by School Board Policy po5120 — School
Attendance Zones and Interzone Transfers.
SECTION 2 COMMITTEES AND DUTIES
2.1 Planning Technical Advisory Committee (PTAC). PTAC will meet, at a
minimum on a semi-annual basis, in the first and third quarter of the school year,
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. 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 13 of this Agreement.
The PSFPC will meet annually 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.
SECTION 3 STUDENT ENROLLMENT AND POPULATION PROJECTIONS
3.1 Population and Student Enrollment Projections Distributed Annually.
In fulfillment of their respective planning duties, the City and School Board agree
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to coordinate and base their plans upon consistent projections of the amount,type,
and distribution of population growth and student enrollment. At the annual first
quarter PTAC meeting described at Subsection 2.1, the City 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
based on Capital Outlay Full Time Equivalent (COFTE) cohort projections issued
by FDOE in first quarter of each school year.
SECTION 4 COORDINATING AND SHARING OF INFORMATION
4.1 School Board Educational Facilities Work Plan. During the first quarter of each
school year, the School Board shall submit to the City the School Board
Educational Facilities Work Plan prior to adoption by the Board.
A. The Plan will be consistent 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 relocatable or portable classrooms,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 City shall review the plan and
provide written comments to the School Board annually-within twenty(20)
days of receipt of the 5 Year Capital Improvement Plan (CIP).
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 twenty
(20)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, and
8.1 of this Agreement.
SECTIONS SCHOOL SITE SELECTION, REMODELING, AND SCHOOL
CLOSURES
6.1 New School Sites. When the need for a new school within the City of Winter
Springs 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 City for an assessment regarding consistency with
the local government Comprehensive Plan. The City shall have 20 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
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comprehensive plan to make the school site consistent. The coordination process
shall be in accordance with Chapter 1013.33 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 City 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
City in the development review process. The School Board shall be
responsible for the payment of fees associated with advertising related
public hearings.
C. The City shall accept the St. Johns River Water Management 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 City 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 15 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. If a 5% or greater reduction of capacity is
proposed for a High School, the local government(s) with jurisdiction within the
impacted CSA will be notified.
5.4 Joint Consideration of 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 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, location, and the party or parties
responsible for financing constructing, operating and maintaining the required
improvements.
5.5 Expansion, Renovation, or Construction. When there is to be an expansion of
an existing school site, or renovation or construction on an existing site,the School
Board and the applicable local government shall follow the coordination
requirements set forth by law, including, but not limited to Section 1013, F.S.
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SECTION 6 LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS
6.1 Appointed LPA Members. Pursuant to Section 163.3174, Florida Statutes, The
City 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 City
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 City shall give the District Superintendent notification of land use applications
and development proposals pending before them that may affect student
enrollment, enrollment projections, or school facilities in accordance with Section
12 of this Agreement. Such notice will be provided within 10 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 City will
consider the following issues, in addition to the review process for school
concurrency described in Section 12, 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 City 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.
SECTION 7 CO-LOCATION AND SHARED USE
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7.1 Co-Location and Shared Use. The co-location and shared use of facilities are
important to both the School Board and the City. Pursuant to Section
163.31777(2)(g), F.S., the School Board will seek opportunities to co-locate 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 City when preparing the annual update to
the Comprehensive Plan'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;
C. 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-location and shared
use.
SECTION 8 SPECIFIC RESPONSIBILITIES OF THE PARTIES
8.1 Specific Responsibilities of the City. When the Comprehensive Plan
amendments adopted in accordance with this Agreement become effective, the
City 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 City's Comprehensive
Plans, 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 Development Agreement for Mitigation 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.
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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 tabulation as provided by the County.
4. Total number of dwelling units with certificates of occupancy (CO)
by Development by date.
E. Transmit site plans,final subdivision or functional equivalency for approved
new residential development upon request by the School Board.
8.2 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 Five-Year Capital Improvement Plan to
meet the anticipated demand for student stations identified by the COFTE.
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) 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 po5120 — School Attendance Zones and Interzone Transfers.
Initiation of attendance boundaries shall be at the sole discretion of the
School Board.
C. Plan capacity enhancing and remodeling projects necessary to maintain
the adopted level of service consistent with the Five-Year CIP.
D. Provide the City 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 Development Agreement for 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 City regarding enrollment projections, school
siting, infrastructure necessary to support educational facilities, and
amendments to future land use plan elements consistent with the
requirements of this Agreement.
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SECTION 9 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN
9.1 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.
1. Include school construction projects which, when completed, will
add sufficient capacity to achieve and maintain the adopted LOS
standard for all schools based on the projected COFTE enrollment;
provide for required modernizations; and satisfy the School Board's
constitutional obligation to provide a uniform system of free public
schools on a county-wide basis.
2. Include a description of each school project, in the School Board's
Five-Year Capital Improvement Plan.
D. Maximize utilization of existing schools so that proposed projects add the
necessary capacity to maintain the adopted Level of Service standard.
E. The School Board's Five-Year Capital Improvement Plan and each annual
update shall consider 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 City.
9.3 Transmittal. The School Board shall transmit to the City 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 City shall occur during first quarter
of each school year commencing after the effective date of this Agreement.
9.4 Adoption. Unless the adoption is delayed by mediation, delayed receipt of data
from FDOE, 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.
SECTION 10 COMPREHENSIVE PLAN ELEMENTS
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10.1 Required Comprehensive Plan Amendments. The City agrees to adopt the
following Comprehensive Plan amendments no later than ten (10) calendar
months following the effective date of this Agreement.
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 will be adopted by
the local jurisdictions no later than December 31st 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 Section 163.3180(6) F.S. and this Agreement.
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 City. The City 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 City, 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.
SECTION 11 SCHOOL CONCURRENCY PROGRAM
11.1 Commencement of School Concurrency. The School Concurrency Program
described in this Agreement shall commence on the EFFECTIVE DATE.
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 designation of the specific school attendance zones
comprising each of the CSAs are provided in Appendix"A" of this Agreement.
A. CSA service area boundaries, together with.the standards for establishing
those boundaries, will be identified in the Comprehensive Plans of each
City and the County pursuant to Section 163.3180(6)(f)2.a., F.S. The
designation of the specific school attendance zones comprising each of the
CSAs will be included as support documents used as a basis for or in
developing the local comprehensive plan. The comprehensive plan will
include a statement advising that in order to determine the geographic
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boundary of each CSA, current School Board attendance zone maps for
each school included within each CSA must be consulted.
B. The following standards shall apply to the composition of CSAs:
1. In Order to maximize school capacity, each elementary CSA must
include a minimum of two elementary schools: and
2. When a new elementary school opens it may be placed in the CSA that
includes the most proximate existing elementary school with consideration
of the goals established in School Board Policy po5120 to include, but not
be limited to, minimizing the duration of travel time and distance while not
placing a transportation burden on any identifiable diversity sub group
(social economic, race/ethnicity, ESOL, or disability): and
3. The capacity at county-wide Magnet Schools shall not be attributed to
the available capacity for the CSA in which the county wide Magnet School
is located.
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 automatically be modified to the greatest extent
possible so as to provide maximum utilization.
D. Any Party may propose a change to the CSA boundaries or the designation
of which individual school attendance zones comprise the CSAs. Prior to
adopting any change to a CSA, 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 Program 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 School
Designations:
1. Changes in school attendance zone boundaries shall be governed
by School Board Policy po5120 — School Attendance Zones and
Interzone Transfers, Section 120.54 F.S. and applicable uniform
rules governing rulemaking and administrative proceedings. Prior
to the School Board holding an initial public meeting to consider
whether to begin the School Attendance Zone revision process, the
School Board will notify the Local Government(s) with jurisdiction
within the impacted CSA of the proposed revision.
2. At such time as the School Board determines that modification to a
school(s) attendance zone boundary is appropriate, the School
Board shall make public the revised attendance zone boundary and
shall provide notice of the proposed changes to the City, and to the
PSFPC.
3. Changes in school attendance zone boundaries occurring by
administrative rezone shall require prior written notice to the City,
and a presentation regarding the change by the School Board
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before the City Commission at a public meeting, at least thirty (30)
days prior to the change becoming effective if the change will
impact any of the CSAs referenced in this Agreement.
4. Concurrency Service Area geographic boundaries shall conform to
revised school attendance zone boundaries and shall become
effective upon final adoption of the modified school attendance
zone boundaries by the School Board pursuant to School Board
Policy po5120 — School Attendance Zones and Interzone
Transfers, but shall not require amendment to this Agreement or to
the local government jurisdiction's comprehensive plan.
5. To become effective, any proposed change to CSA boundaries that:
a. is not a CSA boundary change resulting from a School
Board modification to school attendance zone geographic
boundaries pursuant to School Board Policy po5120 —
School Attendance Zones and Interzone Transfers; or
b. is a proposed change to the designation of which individual school
attendance zones comprise the various CSAs,must be reviewed by
the PTAC, the PSFPC, and approved by all Parties as an
amendment to this Agreement.
11.3 Level of Service (LOS) Standard. To ensure the capacity of schools is sufficient
to support student growth, the City and School Board shall adopt a LOS standard
for schools. The Parties hereby agree that the maximum LOS standard shall be
the Program School Capacity for each school type within each CSA.
11.4 School Concurrency Regulations. The City shall adopt school concurrency
provisions into its land development regulations (LDRs) consistent with the
requirements of this Agreement.
A. The City shall amend their LDRs to adopt school concurrency provisions
for the review of development approvals within 18 months of the effective
date.
SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS
12.1 General Provisions. The City 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 City, 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. The City may condition the approval of the residential development to
ensure that necessary school facilities are in place. This shall not limit the
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authority of the City 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. 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.).
2. Any community subject to a restrictive covenant on all residential
units that results in no permanent residents under the age of
eighteen (18).
3. De minimus impact residential single-family developments with four
(4) or less units, or multi-family developments with eight (8) or less
units. Such de minimus impact exempt developments would still be
required to go through other approval processes required by the
local government(s).
D. Any new residential development that received a passing School Capacity
Availability Letter of Determination ("SCALD") prior to the effective date of
this Agreement will remain under the terms and conditions established in
the Agreement when the SCALD was received and will not be required to
apply for a new SCALD under this Agreement or be subject to the time
deadlines and forfeiture provisions set forth in Section 12.7 below.
E. 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 Concurrency Application Review
A. A developer may request a preliminary school capacity assessment from
the School Board, which will provide the developer with the school capacity
available at the time of the preliminary assessment, but will not reserve
capacity and will not bind the School Board in subsequent capacity
determinations.
B. 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) or 12.1(D) of this Agreement is subject to school
concurrency and shall prepare and submit a SCALD Application to the
School Board for review. The SCALD Application form shall be obtained
from the School Board.
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C. The SCALD Application shall indicate the location of the development, the
number of dwelling units by unit type (single-family detached, single family
attached (townhomes/condominiums), multi-family with unit sizes, and
mobile homes), a phasing schedule (if applicable), and age restrictions for
occupancy (if any). The School Board concurrency test shall follow the
following steps:
1. Test Submittal. The developer shall submit a SCALD Application
to the School Board with a copy to the local government with
jurisdiction over the proposed development. The completed
SCALD Application must be submitted a minimum of five days but
not more than 30 days prior to Development Application submittal
to the local government. The School Board shall perform a
sufficiency review on the SCALD Application. An incomplete
SCALD Application will be returned to the Owner/Developer without
processing. The School Board will have 20 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 Board to meet the cost of review in accordance with
Florida Statutes.
2. Test Review. Each SCALD 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 Alternate CSA as provided
for in 12.2(C) below] containing the proposed project is equal to or
greater than the proposed project's needed capacity, the
concurrency test is passed. The School Board will issue a SCALD
identifying the school capacity available to serve the proposed
project, indicating that said capacity has been reserved for the
proposed project, and containing a warning that reserved capacity
will be forfeited if the developer fails to meet the time deadlines set
forth in Section 12.7, below.
4. Forfeiture of reserved capacity. If developer fails to meet the time
deadlines set forth in Section 12.7 below, the reserved capacity will
be forfeited and the developer must resubmit a new SCALD
Application.
5. Failing the Test. If the available capacity of public schools for
any type within the CSA (or if identified in Appendix "A," a
contiguous Alternate CSA as provided for in Section 12.3(c) below)
containing the proposed project is less than the proposed project's
needed capacity, the concurrency test is failed. The School Board
will issue a SCALD informing the developer that capacity is not
available and advising the developer of the following options:
a. Accept a 30 day temporary reservation of available school
capacity, and within the same 30-day period, amend the
Development Application to balance it with the available
capacity. The time deadlines set forth in Section 12.7 will be
tolled until the Development Application has been amended
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or the temporary reservation of capacity has expired,
whichever is earlier; or
b. Accept a 60 day temporary reservation of available school
capacity, and within the same 60 day period, negotiate and
agree with the School Board and the local government on a
Development Agreement for Mitigation plan as outlined in
Section 12.5 below. The time deadlines set forth in Section
12.7 will be tolled until an agreed Development Agreement
has been finalized or rejected by the local government board
or commission, or the 60 day temporary reservation of
capacity has expired without agreement, whichever is
earlier; or
C. Appeal the results of the failed test pursuant to the
provisions in Section 12.8 below; or
d. Withdraw the SCALD Application.
6. Test Abandonment. If no option under Section 12.2(B)(5) above is
selected by the developer within 15 days following issuance of the
SCALD, then the SCALD 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 Educational
System Impact Fee Ordinance and Seminole County Public Schools
Impact Fee Study Update.
B. New school capacity within a CSA which is in place or planned for
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 within which the proposed
development is located, another CSA or an Alternate CSA, if either is
identified in Appendix "A" for the type of school, shall be evaluated for
available capacity. If applicable, an evaluation review of another CSA or
Alternate CSA shall be conducted as follows:
1. In conducting the adjacency review, the School Board shall use the
applicable CSA or Alternate CSA to evaluate projected enrollment
impact.
2. Consistent with Rule 6A-3.0171 F.A.C., at no time shall the shift of
impact to an another CSA or Alternate 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
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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' — (EnrollmentZ+Approved3)
Where:
'School Capacity = Program 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 Semester
Student Count.
3Approved = Students generated from approved residential developments
after the implementation of school concurrency
B. Using the Fall Semester Student Count, 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.
12.5 Development Agreement for Mitigation. In the event there is not available
school capacity to support a development, the School Board will entertain
Development Agreement for Mitigation options consistent with Section
163.3180(6)(h), F.S., 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 mitigation agreement 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 Development Agreement for
Mitigation credits shall be as follows:
Development Mitigation Share = ('Development students - Available
Capacity) x 2Total Cost per student station
Where:
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'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
Seminole County Public Schools School Impact Fee Study Update in effect
as of the date of issuance of the SCALD.
C. The applicant shall accept a 60 day encumbrance of available school
capacity, and within the same 60 day period enter into negotiations with the
Local Government(s) with jurisdiction in the effected CSA and 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 Local Government(s)
with jurisdiction in the effected CSA and the School Board, the developer
shall enter into a binding and enforceable development agreement with the
Local Government(s) with jurisdiction in the effected CSA and 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.
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
12.5 (B) 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 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 through application of County education system
impact fee credits pursuant to Seminole County Ordinance
2018-1, section 105.46; or
b. Mitigation banking based on the construction of an
educational facility in exchange for the right to receive
impact fee credits; or
C. Provide modular or permanent student stations acceptable
for use as an educational facility; 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
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f. Construction of an educational facility in advance of the time
set forth in the School Board's Five-Year Capital
Improvement Plan.
D. For mitigation measures (a) thru (f) above, the estimated cost of the
mitigating capacity will reflect the estimated future 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 Seminole County Impact Fee
Ordinance's distribution of impact fee funds to the school type (elementary,
middle, high) in the appropriate CSAs. Impact fee credits shall be
calculated at the same time as the applicant's proportionate share
obligation is calculated. Impact fee credits may be transferred pursuant to
Section 163.31801, Florida Statutes.
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.
I. Upon conclusion of the negotiation period, a second School Capacity
Availability Letter of Determination (SCALD) 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 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 sixty (60) day negotiation period as
described in Section 12.7(B) 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 reserved.
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A. The City 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. The City shall notify the School Board within fifteen (15) days of any official
change in the validity (status) of a Development Approval for a residential
development that has received a SCALD.
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.
12.7 Reserved Capacity. School capacity will be reserved when the School District
issues the SCALD. If the local government denies the Development Application,
then the Development's reserved school capacity is forfeited. The Development's
reserved school capacity will be forfeited if the development approval or building
permit is terminated or expires, or if development fails to meet any of the following
time deadlines:
A. The development application submittal is not submitted to the local
government with jurisdiction within thirty (30) days following the date of
issuance of the SCALD.
B. Vertical Construction of a portion of the Project associated with residential
units has not commenced within two (2) years following issuance of
SCALD. This deadline will be extended by School Board for one (1)
additional year if the development application is still under review by the
local government and upon the recommendation of the local government
with jurisdiction;
C. Construction of the development identified in the SCALD has not been
completed within four(4) years of the commencement of construction. This
deadline may be extended by School Board for one(1) additional year upon
the recommendation of the local government with jurisdiction.
It is the developer's responsibility to provide written notice to the School Board that
each of the above time deadlines has been met. The School Board will provide the
developer with thirty (30) days advanced written notice prior to forfeiture of the
developer's reserved capacity in the event the developer does not satisfy 12.7 B.
or C.
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.,
Administrative Procedure Act.
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 meet at a minimum once annually in accordance with the laws
of Florida governing public meetings, and report to participating local governments,
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the School Board and the general public on the effectiveness with which this
Agreement is being implemented. The PSFPC representative from the Seminole
County School Board shall act as the chairperson. A designee of the School Board
shall be responsible for coordinating the PSFPC meetings.
A. The monitoring and evaluation of the school concurrency process is
required pursuant to Section 163.3180(6)(i)4c, F.S., and Section 2 of this
Agreement.The PSFPC shall be responsible for evaluating this Agreement
and the effectiveness of the School Concurrency System. Commencing in
2025, upon completion of each periodic Seminole County Impact Fee
Study Update pursuant to the Land Development Code of Seminole
County, Chapter 105, "Education System Impact Fees", the PSFPC shall
evaluate the effectiveness of the CSAs for measuring LOS and consider
making recommendations to amend this Agreement. The failure of the
PSFPC to initiate this review in a timely manner shall not affect the validity
of this Agreement.
B. The PSFPC members shall receive copies of all reports and documents
produced pursuant to this Agreement.
C. During the first quarter of each school 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 and the City on whether or not the proposed Five-Year Capital
Improvement Plan maintains the adopted Level of Service in each CSA.
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 City 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 consent of, theCity, as to
whether that obligation has been satisfied. Further, the City and the School Board
agree that this Agreement is not intended and will not be construed to impose any
duty or obligation on the City for the School Board's constitutional or statutory
obligation. The City also acknowledges 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 the City 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
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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.
A. Amendment of any part of the Agreement that, upon the School Board's
reasonable determination, would necessitate a revision of school attendance
zones requires the consent of the School Board. The School Board must consider
alternatives to revision of attendance zones that would create voluntary student
transfers before determining whether the proposed amendment would necessitate
a revision of school attendance zones. Nothing in this section shall be interpreted
as infringing on the School board's absolute right to determine school attendance
zones in accordance with Florida law and School Board policy.
15.2 Notice Requirements. Any notices provided pursuant to this Agreement shall be
sent to the following addresses:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
School Board Superintendent
Seminole County School Board
400 East Lake Mary Boulevard
Sanford, Florida 32773
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. This Agreement may be terminated by mutual
written agreement of the City and School Board. If terminated, written notice of
said termination shall be provided by the parties to the Florida Department of
Economic Opportunity.
16.6 Periodic Review of Agreement. The City and School Board agree to conduct a
periodic and comprehensive review of this Agreement every four (4) years from
the Effective Date, and this Agreement may, if deemed necessary by the Parties,
be amended or terminate in accordance with this Section 15.
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.
Page 26 of 28
SECTION 18 SUCCESSION OF AGREEMENT
18.1 Succession of Agreement. This Agreement supersedes any previous agreement
regarding public school facilities planning in which the City and School Board are
parties upon the effective date of this Agreement.
SECTION 19 EFFECTIVE DATE
19.1 Effective Date. This Agreement becomes effective upon full execution of the last
party.
ATTEST: CITY OF WINTER SPRINGS
By:�M• `C
Christian Gowan, City Clerk Kevin McCann, Mayor �,g•,,,,#. .
• 4 r�. • •
Date: 09-15-2022 ko
Approved by the City Commission o v „ c
On September 12, 2022
r 'S
ATTEST: SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA
By:
Serita Beamon, Superintendent Amy Pennock,, Chairman
Date:
Page 27 of 28
APPENDIX A
CONCURRENCY SERVICE AREAS (CSAs)
WINTER SPRINGS CSA - ELEMENTARY SCHOOL
Winter Springs E-1 Keeth & Layer Elementary
Winter Springs E-2 Highlands &Winter Springs Elementary
Winter Springs E-3 Rainbow and Lawton Elementary
WINTER SPRINGS CSA-MIDDLE SCHOOL
Winter Springs M-1 Indian Trails Middle School
WINTER SPRINGS ALTERNATE CSA -MIDDLE SCHOOL
Winter Springs M-2 Tuskawilla Middle School
WINTER SPRINGS CSA - HIGH SCHOOL
Winter Springs H-1 Winter Springs High School
Winter Springs H-2 Oviedo High School
Page 28 of 28