HomeMy WebLinkAbout2022 05 23 Regular 500 - Discussion regarding the 2021 SCPS Interlocal Agreement (ILA) for Public School Facility Planning and School Concurrenc + , REGULAR AGENDA ITEM 500
CITY COMMISSION AGENDA I MAY 23, 2022 REGULAR MEETING
TITLE
Discussion regarding the 2021 SCPS Interlocal Agreement (ILA) for Public
School Facility Planning and School Concurrency
SUMMARY
In 2007, as amended in 2008, an Interlocal Agreement (ILA) for Public Facility
Planning and School Concurrency, pursuant to Florida Statue, was adopted by
the Seminole County School Board, Seminole County Board of County
Commissioners, and all of the City Commissions within Seminole County. The
2007/2008 Amended ILA is the version that the County, Cities, and School
District currently operate under.
In 2019, the Seminole County School Board requested that the ILA be
amended in order to align it with the School Board policy. The 2021 SCPS ILA
version was approved (3-2) by the Seminole County Board of County
Commissioners.
On November 8, 2021, Seminole County School Representatives presented
the proposed 2021 SCPS ILA. The City Commission took no action, however
Commissioners agreed they would like to further review with the City
Attorney and propose language.
The City Attorney has prepared an updated Winter Springs proposal, 2022
Winter Springs ILA Proposal 5.11 .22, for the City Commission to review.
RECOMMENDATION
City Staff is requesting discussion on the proposed 2021 SCPS Interlocal
Agreement (ILA) for Public School Facility Planning and School Concurrency
and direction if the City Commission wishes to move forward with changes to
the proposed 2021 ILA.
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Winter Springs Proposed Draft 5.11.2022
2024-2 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
THIS AGREEMENT is entered into with the
GemmissioneFS (heFeinafteF FefeFFed to as the "Gounty"), the Commission OF Get 11 .. Of
the oi#&SC , Winter Springs, Lake Mares
(hereinafter referred to as the "City„ mss"), and the School Board
of Seminole County(hereinafter referred to as the"School Board"), collectively referred to
as the "Parties".
WHEREAS, the Geunty, Gitie- 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 Ge nty, Coto and the School Board are authorized to enter
into this Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2 and Section
10 13.33, Florida Statutes (F.S.); and
WHEREAS, the , Citand 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 Ge Rty, Gitie 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
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Winter Springs Proposed Draft 5.11.2022
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
WHEREAS, Sections 163.31777 and 1013.33, F.S., require the
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 '^^a' geye meRt sigRateries to this greemeRt 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 County and Gities aFe 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
C;e6i,ty and cities' 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 Board,, the G9Yt
a d the Gitiesang aie (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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Winter Springs Proposed Draft 5.11.2022
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 GOURty and Cities 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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Winter Springs Proposed Draft 5.11.2022
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
TBD
Seminole County, Florida
Table of Contents continued
SECTION 10 COMPREHENSIVE PLAN ELEMENTS.................................................15
10.1 Required Comprehensive Plan Amendments ....................................................15
10.2 Development, Adoption, and Amendment of the Capital Improvements
Element (CIE)....................................................................................................15
SECTION 11 SCHOOL CONCURRENCY PROGRAM ...............................................16
11.1 Commencement of School Concurrency............................................................16
11.2 Concurrency Service Areas (CSA).....................................................................16
11.3 Level of Service (LOS).......................................................................................17
11.4 School Concurrency Regulations.......................................................................17
SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS...............................18
12.1 General Provisions ............................................................................................18
12.2 School Concurrency Application Review............................................................19
12.3 Methodology......................................................................................................20
12.4 Development Review Table...............................................................................21
12.5 Development Agreement for Mitigation..............................................................22
12.6 School Concurrency Approval ...........................................................................24
12.7 Reserved Capacity ............................................................................................24
12.8 Appeal Process ...................................................................................25
SECTION 13 OVERSIGHT..........................................................................................25
13.1 Oversight...........................................................................................................25
SECTION 14 SPECIAL PROVISION...........................................................................26
14.1 School Board Requirements..............................................................................26
14.2 Land Use Authority............................................................................................26
SECTION 15 AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT....26
15.1 Amendment of the Agreement...........................................................................26
15.2 Notice Requirements.........................................................................................26
15.3 Repeal of the Agreement...................................................................................27
15.4 Termination of the Agreement ...........................................................................27
15.5 Withdrawal.........................................................................................................27
SECTION 16 RESOLUTION OF DISPUTES...............................................................27
16.1 Dispute Resolution.............................................................................................27
SECTION 17 EXECUTION IN COUNTERPARTS.......................................................27
17.1 Agreement Execution ........................................................................................27
SECTION 18 SUCCESSION OF AGREEMENT..........................................................27
18.1 Succession of Agreement..................................................................................27
SECTION 19 EFFECTIVE DATE.................................................................................27
19.1 Effective Date .....................................................................................27
APPENDIX "A" Concurrency Service Areas (CSA)....................................37
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Winter Springs Proposed Draft 5.11.2022
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.
£#iescity: 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 '^^a' gE)VeFRmeRtc the City within which the level of service is measured
when an application for residential development within the jurisdictional limits of the City
of Minter 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 £4ie6City'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
IGGai goyeFRM8Rt granting, or granting with conditions, a Development
Application.
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Winter Springs Proposed Draft 5.11.2022
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 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 CountK4 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
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Winter Springs Proposed Draft 5.11.2022
Planning Technical Advisory Committee (PTAC): This committee is comprised of
planning staff representatives from Seminole County, eaeh of the sey .
OWPOFations within the Geunty, 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.
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.
increase in the total number of housing units.
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 SeRgiRGIe r-,,,,,,+„ Each-of the seven RgYRini�lGGrperatie Rs within
+ho r �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
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Winter Springs Proposed Draft 5.11.2022
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.
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.
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Winter Springs Proposed Draft 5.11.2022
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 Ge ,n+„ Gitie& City 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 first quarter PTAC meeting described at Subsection 2.1, the Geunty and
Git+ 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 County, ea6h G;+„ and the Publie
S eo;s--FaE;ilities Planning Committee SFP-& _Qt3the 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 Gities _A„d Ge Rty 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.
SECTION 5 SCHOOL SITE SELECTION, REMODELING, AND SCHOOL
CLOSURES
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5.1 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 '^^a' government withjUFisdiE;tiE)R for an
assessment regarding consistency with the local government Comprehensive
Plan. This juicisdietimewThe 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 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 GG Rty and Gibes 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 Gel iRty er Gi#e- 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 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 SeuRty OF City having
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.
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Winter Springs Proposed Draft 5.11.2022
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.
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
County and Coto 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 Cities and GetRty-(,"ty 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 GO Rty and the GitieG 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 Geuty
andTCity 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 G96IRty and Gi+io1 will consider the
following issues:
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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
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. 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 leeal goveffiments 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 County and Cities City . When the
Comprehensive Plan amendments adopted in accordance with this Agreement
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become effective, the 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'
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.
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 CI P.
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D. Provide the GOURty 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 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 _Qi!y 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.
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.
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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 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 ride-and
the y 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
10.1 Required Comprehensive Plan Amendments. The County and the Cities
agree 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 3111 following the annual
adoption of the Five-Year Capital Improvement Plan by the School Board.
This will ensure that the Cl E 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 Qe Rty and the Cn esCity . The City
Ge Rty anal the G;+;os; shall adopt the capacity portions of the School Board's Five-
Year Capital Improvement Plan into the Capital Improvement Element of their
Comprehensive Plans.
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A. The Gounty and the Cities 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
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:
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Winter Springs Proposed Draft 5.11.2022
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 Cities,
Gounty the City, and to the PSFPC.
3. Nod-lysed 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 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 GeuRty, Gitiec City and School Board shall adopt a
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Winter Springs Proposed Draft 5.11.2022
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. Eanh I eoal Government The City shall adopt
school concurrency provisions into its land development regulations (LDRs)
consistent with the requirements of this Agreement.
A. The Gni int„ and the Cities City shall amend their LDRs to adopt school
concurrency provisions for the review of development approvals within 18
months of the effective date.
+
I In he eveRthat onY par#ini g City does not adept I DRS Within
1-8 nconnthFa�, thrart nnvemm enrt shall he deemed to have "enterin0to
the Geunty rens ala+inns and a nes to he hey R d by the terms anrd
rrniis inns therein until it adepts its mein nr'-dinanoe
2. At aRYZTme, aRY LeEalr GeyefflmeRt m n+ out of the OURty'?,
SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS
12.1 General Provisions. The GOURty, the Cities City 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 GOURty ep Cities 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. o meal gayernment The City may condition the approval of the residential
development to ensure that necessary school facilities are in place. This
shall not limit the authority of a meal neyerpment 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
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Winter Springs Proposed Draft 5.11.2022
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.
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 (town homes/condom iniums), 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
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Winter Springs Proposed Draft 5.11.2022
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," &
contiguous alternate CSAe 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
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.
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Winter Springs Proposed Draft 5.11.2022
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 adjaeent CSA or an Alternate CSA,
either is identified in Appendix "A" for the type of school, whieh is
within whish the p ed deyelnn., eRt i^ Inn., shall be evaluated for
available capacity. If applicable, Aan adjaeeney evaluation review
another CSA or Alternate CSA shall be conducted as follows:
1. In conducting the adjacency review, the School Board shall fi�use
the applicable adja CSA or Alternate CSA with mv^ac
a 9-A... ... r.
hitz n� ani+„ to evaluate projected enrollment impact -I#
ry shall ^ h+iRue +n Rext adja eRt ('S with the Rext
K}GSC$S$�,-y-�,�urrcE,lrn�rrc,�cv �h{�aja
Mast -available GapaGi+v
2. Consistent with Rule 6A-3.0171 F.A.C., at no time shall the shift of
impact to an adTan 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
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:
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Winter Springs Proposed Draft 5.11.2022
Available Capacity = School Capacity' — (Enrollment' + Approved')
Where:
'School Capacity = Program School Capacity as programmed in the first
three (3) years of the School Board's Five-Year CIP
'Enrollment = Student enrollment as counted at the Fall Semester
Student Count.
'Approved = 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 DIRT 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 '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.
'Total 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
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Winter Springs Proposed Draft 5.11.2022
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
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,
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Winter Springs Proposed Draft 5.11.2022
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.
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 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.
Page 24 of 39
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Winter Springs Proposed Draft 5.11.2022
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,
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
Page 25 of 39
26
Winter Springs Proposed Draft 5.11.2022
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, the Ge nt�—, and the Cis- 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 County, the Cities 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, the County OF t e GitiesCit , as to whether that obligation has been
satisfied. Further, the GOUn+„ the G ion 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 Geuntyer City for the School Board's constitutional or statutory
obligation. The Geunty and the Git cT 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 A;;r-.h--I er-al
Geye r meRt 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
15.1 Amendment of the Agreement. This Agreement may be amended by written
consent of ne less than eighty-eight .,,,r, eRt (980%) of all Parties to this Agreement
with the exeeptien of the PFE)VOSOORSete d h.,l.,,.,. The Agreement will remain in
effect until amended in accordance with Florida Statutes.
A /A.,-,eR d.,- ent of SeGtieR 11.2.B shall require the written . Rt of all par-toes.
13. The repeal of Cnhnnl GORGUrron�Jhiall Feq �i + n nc on+ „f all
`"'``11 �rTrt�rr�rrscrTr-v�rurr
Parties.
les.
C. 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
Page 26 of 39
27
Winter Springs Proposed Draft 5.11.2022
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.
D. Armen JmeRt of this. Se6tion 16.1 .hall require the wFitten r Rt of all RaFties.
15.2 Notice Requirements. Any notices provided pursuant to this Agreement shall be
sent to the following addresses:
City Managef city Mano^or
City of Altamonte Springs Gity of Sanford
775 Newb uryport Avenue Znn AI^r+h Dort Ayenye
Altam^n+^ Springs Florida 49701 Confer.J Rerid-A 47774
City"mer City Manager
City^f Gassolhorn, City of Winter Springs
05 Trinl^+I oke nri.,^ 1126 East State Road 434
Gasse'herr,, CI^ri.do 497rr7 Winter Springs, Florida 32708
City Managar County Manage
City of Lake Ma-Fy Seminole County GoveMmen
100 NeFth GountFy Club Read 4 101 East Cir..+Street
Lake P aFy Florida 32746 anfsrd, a'32�.7.T
City Manager School Board Superintendent
eed Seminole County School Board
475 West lni-rr^n A„^n„^ 400 East Lake Mary Boulevard
I ^ ^^,9 Flr,rid-i 49750 Sanford, Florida 32773
Gity Manager
6 �V+e�9
nnn AI^..^ndri^ Rn l^w;rd
Oviedo, Florida 22765
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. Ne party to this AgFeemeRt may termiRate its par+inipatieR
sixty (60) day . ,ritten netiee to the FI.^r°�,�Qi;p E
EG/lROMOG ( PPE)rtY Rit y
155 fpem the AgFeeMeRt by aRY party sh—all PAt Alter the.terms
of the AgF8eM8Rt With F86pe^t tG thOIg Rate Fier
SECTION 16 RESOLUTION OF DISPUTES
Page 27 of 39
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Winter Springs Proposed Draft 5.11.2022
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 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.
Page 28 of 39
29
Winter Springs Proposed Draft 5.11.2022
ATTEST: GIT�AI TAMONTE SPRINGS
e e
Date
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND
SCHOOL CONCURRENCY
Seminole County, Florida
Page 29 of 39
30
Winter Springs Proposed Draft 5.11.2022
ATTEST: CITY OF GASSELBE�—c�rrVr
s y GT s
[Date:
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND
SCHOOL CONCURRENCY
Seminole County, Florida
Page 30 of 39
31
Winter Springs Proposed Draft 5.11.2022
ATTEST: GITY OF LAKE MARY
e e
[Da
to
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND
SCHOOL CONCURRENCY
Seminole County, Florida
Page 31 of 39
32
Winter Springs Proposed Draft 5.11.2022
ATTEST: GITY OF LONGWOOD
[Date:
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND
SCHOOL CONCURRENCY
Seminole County, Florida
Page 32 of 39
33
Winter Springs Proposed Draft 5.11.2022
ATTEST: CITY OF OVIEDO
[Date:
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND
SCHOOL CONCURRENCY
Seminole County, Florida
Page 33 of 39
34
Winter Springs Proposed Draft 5.11.2022
ATTEST: GITV OF SANFORD
e e
[Da
to
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND
SCHOOL CONCURRENCY
Seminole County, Florida
Page 34 of 39
35
Winter Springs Proposed Draft 5.11.2022
ATTEST: CITY OF WINTER SPRINGS
By:
City Clerk Mayor
Date:
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND
SCHOOL CONCURRENCY
Seminole County, Florida
Page 35 of 39
36
Winter Springs Proposed Draft 5.11.2022
ATTEST: SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA
By:
Serita Beamon, Superintendent , Chairman
Date:
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND
SCHOOL CONCURRENCY
Seminole County, Florida
Page 36 of 39
37
Winter Springs Proposed Draft 5.11.2022
ATTEST: BOARD OF COUNTY COMMISSIONERS
7"CTrC Cf'CQ
SEMINO E GO IAITV RID
s FLORID
Ghaiffnan
e
( rmmicci�n c
vr
�,f CcriTDate:
e:
�an�rre•r�- vn
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND
SCHOOL CONCURRENCY
Seminole County, Florida
Page 37 of 39
38
Winter Springs Proposed Draft 5.11.2022
APPENDIX A
CONCURRENCY SERVICE AREAS (CSAs)
WINTER SPRINGS CSA - ELEMENTARY SCHOOL
C_(1 (� Wchero y /flit irde Magnet\
����6,cr�nvr� �"�2i�t�r��vr•.rt�ICt�A/'crc-r°'u9T'c.T/
-1 GeReya Ra Walker F='GMeRtaF
C_') I a viten Q. Stenstrem Elementoni
C_`2 v Garillen Q. Partin Elementoni
�
F-4 €vonc Q. l7oinhnw €der entaF
E 5 Sect Breek & Red Bug Elementoni
E Gasselherry Q. Sterling Park Elementeni
Winter Springs E-17- Keeth & Layer Elementary
C_Q glish Estates S2. Lake (lri to tarsi
��E��n�n�c�-rcc sc��a�cc-vTeFlicr�G�r�G�tary
Winter Springs E-29 Highlands & Winter Springs Elementary
Winter Springs E-3 Rainbow and Lawton Elementary
C_10 I o E)d & Woodlands Bementony
C_13 Sehe1 Paint Q_ VVekiya Elementapy
E 14 HeethFOW Q_ Lake Mat Elementar
E16BeRtle�Twil e S2_ Wilsen ElementaF (Region-4—)
E 17 e
Midway, & Pine GFest E!eFnentaFy (Region 3)
WINTER SPRINGS CSA-MIDDLE SCHOOL
nA4-1 Chiles PAir1r11e Sohggl
,4,
�jaGkSoR Heights Middle Sehegl
M 3 Twskawilla Middle Sohool
Winter Springs M-14 Indian Trails Middle School
M 5 Se ,th Seminole �Airl rlle Sohogl
M 6 M-01w a Middle Sohool
�ATeague_7 Teage Middle Cnheel
Tv-i
C7eek Lake Middle Seheel
rar-vrcvcr� �c�mza�cvcrTvvr
M 9 GFeeRWOe.d Lakes Mi.d.dlg Seheel
ir
M-10 MillenniUM Middle Snheel
M-1 1 Sanford Middle Soheel
M 12 MaFkham Weeds Middle SGhaal
WINTER SPRINGS ALTERNATE CSA-MIDDLE SCHOOL
Winter Springs M-32 Tuskawilla Middle School
WINTER SPRINGS CSA - HIGH SCHOOL
rui0 vr"r�7� vms AEa`dazR;ylvrJtFFctwiido-ry TTIU7
TH-1 gent y High SSGhGE)ll
H_2 Qvierde High Sr-heel
T
Winter Springs H-13 Winter Springs High School
Winter Springs H-2 Oviedo High School
H_n I oke Hewell High Seheel
T
Page 38 of 39
39
Winter Springs Proposed Draft 5.11.2022
LJ_G I . R High 86hool
r-r�
Page 39 of 39
40
i
----
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL Style Definition:Default Paragraph Font
FACILITY PLANNING AND SCHOOL CONCURRENCY (Deleted:2007
:Seminole County,Florida Deleted:AS AMENDED JANUARY 20081:
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,
Casselberry (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, 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 ape children, while still respecting opportunities for land
development in Seminole County: and
WHEREAS, Section 1013.33L41 F.S,requires that the location of public_ Deleted:,
educational facilities must be consistent with the comprehensive plan and implementing
land development regulations of the appropriate local governing body;and
Deleted:Page 1 of 41¶
arae 1 of 37
41
i
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
WHEREAS,Sections 163 1777 and 1013.33,F.S.,require the County,Cities and_--- Deleted:3177(7)
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 - Deleted: WHEREAS,Sections 163.31777,
to apply concurrency to public education facilities to include principles, guidelines, 163.3180(13),and 1013.33,F.S.,require the County,
standards, and strategies, including adopted levels of service, in their comprehensive Cities and School Board to update their Public School
plans and interlocal agreements; and Interlocal Agreement to establish school concurrency to
satisfy Section 163.3180(12)(g)1,F.S.and¶
WHEREAS the local government signatories to this Agreement have chosen to
apply concurrency to public education facilities;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 address projected ,- Deleted:add enough capacity to the Plan in each
growth in order to maintain the adopted level of service and to demonstrate that the succeeding fifth year to
utilization of school capacity is maximized to the greatest extent possible pursuant to
Section 163.3180(L)f)2, F.S.;and - Deleted:13)(c
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 optional School Concurrency as provided inSections_163.3180 1)(a and__-- Deleted:Section
163.3180(6)(a), F.S.;and Deleted:13
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.
Deleted:Page 2 of 417
age 2 of 37
42
i
JNTERLOCAL AGREEMENT FOR PUBLIC SCHOOL Deleted:2007
FACILITY PLANNING AND SCHOOL CONCURRENCY
TBD Seminole County,_Florida_ Deleted:AS AMENDED JANUARY 2008¶
Table of Contents
SECTION 1 DEFINITIONS............................................................................................5
SECTION 2 COMMITTEES AND DUTIES.....................................................................v,- Deleted:9
2.1 Planning Technical Advisory Committee(PTAC).................................................. Deleted:9
2.2 Public Schools Facilities Planning Committee(PSFPC).......................................$
--- Deleted:9
SECTION 3 STUDENT ENROLLMENT AND POPULATION PROJECTIONS............�9 __ Deleted:10
3.1 Population and Student Enrollment Projections Distributed Annually...................9_
3.2 Student Projections............................................................................................... --- Deleted:10
- Deleted:10
SECTION 4 COORDINATING AND SHARING OF INFORMATION............................99 Deleted: 3.3 PTAC Review 101
4.1 School Board Educational Facilities Work Plan...................................................... - Deleted:10
4.2 Educational Plant Survey......................................................................................9_ ` Deleted:10
SECTION 5 SCHOOL SITE SELECTION,REMODELING,AND SCHOOL CLOSURES...........10�, Deleted:10
5.1 New School Sites................................................................................................10 0
Formatted:Don't add space between paragraphs of
5.2 School site Plan Review......................................................................................0 the same style
5.3 Remodeling and Closures...................................................................................10-,
5.4 Joint Consideration of On-Site and Off-Site Improvements................................1•�\ Formatted:Condensed by 1 pt
5.5 Expansion, Renovation, or Construction.............................................................11 Formatted:Condensed by 1 pt
SECTION 6 LOCAL PLANNING AGENCIES(LPA),COMPREHENSIVE PLAN AMENDMENTS, Formatted:Condensed by 1 pt
REZONINGS,AND DEVELOPMENTAPPROVALS.........................................11 0 JDeleted:11
6.1 Appointed LPA Members.....................................................................................11 Deleted:11
6.2 County and City Development Applications Shared with the School Board........11
6.3 Criteria for Evaluating Residential Development Applications............................11 Formatted:Space After: 0 pt
6.4 Formulating City and County Plans and Programs.............................................12 ; Formatted:Condensed by 1 pt
SECTION 7 CO-LOCATION AND SHARED USE......................................................12 Deleted:12
7.1 Co-Location and Shared Use..............................................................................12 Deleted:12
7.2 Mutual Use Agreement........................................................................................-12_\;\ �\ Deleted:12
SECTION 8 SPECIFIC RESPONSIBILITIES OF THE PARTIES...............................13 Deleted:12
8.1 Specific Responsibilities of the County and Cities..............................................13
8.2 Specific Responsibilities of the School Board.....................................................3_ Deleted:13
�
SECTION 9 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN............................r14 Deleted:13
9.1 School Board's Five-Year Capital Improvement Plan.........................................4_ Deleted:13
9.2 Educational Facilities Work Plan.........................................................................15 Deleted:14
9.3 Transmittal...........................................................................................................15 Deleted:15
9.4 Adoption..............................................................................................................15 Deleted:15
Deleted: 9.5 Amendments to the School
Board's Five-Year Capital Improvement Plan 16¶
PageBreak..................................................................
2007
Deleted:Page 3 of 411
a e 3 of 37
43
Deleted:AS AMENDED JANUARY 2008¶
Deleted:16
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL Deleted:16
FACILITY PLANNING AND SCHOOL CONCURRENCY Deleted:17
TBD _ ,' ,';' Deleted: 10.3 Development,Adoption,and 1
Seminole County, Florida
r,
Table of Contents continued Deleted:18
„ Deleted:18
SECTION 10 COMPREHENSIVE PLAN ELEMENTS..................................................5j/ ;' Deleted:18
10.1 Required Comprehensive Plan Amendments.....................................................5_ Deleted:19
10.2 Development, Adoption, and Amendment of the Capital Improvements ;; ;; Deleted:19
Element(CIE). 15
.....................................................................................................
`J' I'//" Deleted:19
SECTION 11 SCHOOL CONCURRENCY PROGRAM................................................16 ;' , Deleted:19
`- ;,`'j Deleted:20
11.1 Commencement of School Concurrency.............................................................16_,,
11.2 Concurrency Service Areas(CSA)......................................................................6 ' ,;; Deleted:21
11.3 Level of Service(LOS)........................................................................................17_ ;; Deleted:22
11.4 School Concurrency Regulations........................................................................17J Deleted:Proportionate Share...evelopment Agre
[211
SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS...............................8_,';' Deleted:25
12.1 General Provisions..............................................................................................—18J0„
, '
12.2 School Concurrency Application Review.............................................................9 ,, ' Deleted:25
12.3 Methodology01' ;' Formatted 3
........................................................................................................�
12.4 Development Review Table...................................................................... Deleted: 26
12.5 pevelopment Agreement for Mitation._............................................................ 2 ;', Deleted:26
-- - ------------------------
12.6 School Concurrency Approval.............................................................................�24J' ,
��, ' Deleted:26
12.7 Reserved Capacity..............................................................................................�_1,,
_12.8 Appeal Process...................................................................................25.11 ,' Deleted:27
Deleted:27
SECTION 13 OVERSIGHT............................................................................................g5 Deleted:27
13.1 Oversight.............................................................................................................5
Deleted:27
SECTION 14 SPECIAL PROVISION............................................................................26 Deleted:28
14.1 School Board Requirements................................................................... .........26
14.2 Land Use Authority ... 6 Deleted:28
SECTION 15 AMENDMENT PROCESS, NOTICE,AND TERM OF AGREEMENT.... ;;' Deleted:28
15.1 Amendment of the Agreement............................................................................6,'; Deleted:28
15.2 Notice Requirements...........................................................................................�6 '��,,' Deleted:28
15.3 Repeal of the Agreement....................................................................................�27 ,,1,111 Deleted:28
15.4 Termination of the Agreement..............................................................................7J'' ,1,' Deleted:28
15.5 Withdrawal...........................................................................................................� , '
Deleted:28
SECTION 16 RESOLUTION OF DISPUTES................................................................� '' ,,' Deleted:28
16.1 Dispute Resolution..............................................................................................�7 ,
Deleted:28
SECTION 17 EXECUTION IN COUNTERPARTS........................................................�27 ' Deleted: 28
17.1 Agreement Execution...........................................................................................L7_�
,' ¶
SECTION 18 SUCCESSION OF AGREEMENT...........................................................� ' ,, ' Deleted: [411
18.1 Succession of Agreement...................................................................................27_/,;,' Formatted [5]
SECTION 19 EFFECTIVE DATE..................................................................................27 Deleted:Area Maps
19.1 Effective Date 27 ,' Formatted [6]
APPENDIX"A" Concurrency ServiceAreas. CS ,,,,37 - Deleted:)
Deleted:Page 4 of 417
a e4of37
44
i
SECTION 1, DEFINITIONS _ Deleted:
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 student are assigned to a_ - Deleted:identifies the public school assignment for
specific school or region school. Deleted:.
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 _ Deleted:),
F.S as adjusted by the FDOE Office of Educational Facilities Deleted: and SMART Schools Clearinghouse. The
,Charter School: Public schools of choice which operate under a performance contract, projections do not include students in hospital,
or a"charter,"in accordance with Section 1002.33, F.S. Charter schools in the Seminole homebound,summer school,evening school,etc.
since these students do not require an additional
County Public School District are Countywide schools of choice and do not have a student station.
specified capacity as defined in Rule 6A-2.0010 F.A.G., State Requirements for Deleted:Cities:All municipalities in Seminole County,
Educational Facilities 2014 ("SREF") and FISH. Charter schools are not included in except those that are exempt from the requirements of
concurrency or enrollment calculations. school concurrency,pursuant to Section 163.3177(12),
Cities:All municipalities in Seminole County F.S.¶
Deleted: and FISH.
Comprehensive Plan:A plan that meets the requirements of Sections 163.3177F.S. Deleted:and FISH.78
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, kitchen/cafeteria, multi-purpose, toilet facilities Deleted:,
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 bV 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 a
local government granting,or granting with conditions,a Development Application.
JEducational Facilities Impact Fee: A fee designated to assist in the funding for_ Deleted:Educational Facility:The buildings,
acquisition and development of school facilities,owned and operated by the School Board, equipment,structures,ancillary and special educational
needed to serve new growth and development. use areas that are built,installed or established to
serve public educational purposes.¶
Educational Facilities Work Plan:The School Board's annual capital planning documen Moved(insertion)[1)
that includes Iona-range planning for facilities needs over 5-year and 10-year periods.
Deleted:Page 5 of 417
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Educational Facility:The buildings,equipment,structures,ancillary, site improvements,
and special educational use areas that are built, installed or established to serve public Deleted:Encumbered Capacity:School capacity for a
proposed project that is"set aside"or"earmarked"for a
educational purposes. limited amount of time while the proposed project is
Educational Plant Survey: A systematic study approved by the Florida Department of ; undergoing review by the local government.¶
Education (FDOE) of present educational and ancillary plants and the determination of Exempt Local Government:A municipality which is
not required to participate in school concurrency when
future needs to provide an appropriate educational program and services for each student
meeting all the requirements for having no significant
based on projected capital outlay FTE(COFTE)counts prepared and issued by the FDOE. impact on school attendance,per section
all Semester Student Count: The fall semester student count (Second Survey)of all ' Financial
Feasibility:
F.s.¶
�_ _ yr Financial Feasibility:An assurance that sufficient
"full-time equivalent"students, pursuant to Chapter 1011.62, F.S. revenues are currently available or will be available
from committed funding sources for the first 3 years,or
Five-Year Capital Improvement Plan:The School Board's annually adopted financially will be available from committed or planned funding
feasible,five-year list of capital improvements whichaddress student capacity to achieve sources for years 4 and 5,of a 5-year capital
and maintain the adopted level of service. improvement schedule for financing capital
improvements,such as ad valorem taxes,bonds,state
Florida Inventory of School Houses (FISH): Data, inventory and numbering system and federal funds,tax revenues,impact fees,and
used by the Florida Department of Education, Office of Educational Facilities for parcels developer contributions,which are adequate to fund
of land, buildings and rooms in public educational facilities to include permanent and the projected costs of the capital improvements
portable student stations(hereinafter referred to as"FISH). identified in the comprehensive plan necessary to
ensure that adopted level-of-service standards are
evel of Service StandardLOS :)- by A standard or condition established the School achieved and maintained within the period covered by
------- - --- ------------------------- - the 5-year schedule of capital improvements.The
District to measure utilization within a concurrency service area,Current Level_of Service_` requirement that level-of-service standards be
is determined by the sum of theFall Semester Student Count at the same type of schools ` achieved and maintained shall not apply if the
within a concurrency service area,divided by the sum of the Program School Capacity of, proportionate-share process set forth in Section
the same type of schools within a Concurrency service area `; \' 163.3180(12)and(16)is used[ref.163.3164(32)F.S.].%
Deleted:provide for
Local Governments:Seminole County and its Cities.
Modular Classroom: A room designated in FISH within Pn educational facility which �� Fall Semester:The fall semester count of all"full
Deleted:Full-Time Equivalent(FTE)Student Count:
contains stt stations and whe
udenntceive instruction and whichthe life
re students re , „ Deleted:
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 '; Deleted:FTE student count
owned by the School Board. \J Deleted:permanent FISH capacity
permanent Classroom:A room designated in FISH within an educational facility which Deleted:. Projected or future Level of Service is
--:-------------------- ---- -------:-------------- --- determined by the sum of the projected
contains student Stations and where students receive Instruction and which, the life \ COFTE enrollments at the same type of schools , g
expectancy of the structure,also as designated in FISH,is 50 years or more. ' `
Deleted:Maximum School Utilization:The balance
Permanent Student Station:A designated space contained within a permanent building °„, of student enrollment system-wide,to ensure the most
or structure that can accommodate a student for an instructional program and is efficient operation of each school within the adopt__[9]
designated satisfactory in FISH data.The total number of permanent student stations at n `` Deleted:a
an educational facility is determined by the sum of individual permanent student stations Deleted:Permanent School Capacity:The optimal
at the facility.Permanent buildings or structure types are designated by the School Board `\ ',, number of students that can be housedfor instruction
and include permanently constructed buildings having a life expectancy of 50 years or at an educational facility as prescribed in SBE RG... 10
more and modular buildings as identified in FISH, having a life expectancy exceeding 35 Moved down[2]:B.
—49 years
Deleted:Permanent capacity of a middle school is
Planning Technical Advisory Committee (PTAC):This_committee is comprised of 90%of the sum of student stations assigned to
------------ -
planning staff representatives from Seminole County, each of the seven municipal , permanent and modular classrooms at the scho
corporations within the County,and the Seminole County School Board. PTAC serves as Deleted:a
an advisory committee and working group to enhance intergovernmental coordination of Deleted: or more.
comprehensive plan programs and assists in ensuring consistency between these
concern. PTAC was formally created and established
programs and ISSUES Of multi-jurisdictional COnCe
by the Interlocal Planning Coordination Agreement of
Program School Capacity: The optimal number of students that can be housed for 11997.
instruction at an educational facility as prescribed in School Board Policy Po5120—School Deleted:Page 6 of 411
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i
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 -- Moved(insertion)[z]
assigned to permanent, modular, and temporary classrooms at the school. Deleted:Proportionate Share Mitigation:A
C. Program School Capacity of high schools is less than the sum of student stations developer improvement or contribution identified in a
assigned to permanent and modular classrooms at the school.The amount less is binding and enforceable agreement between the
prescribed in School Board PolicyPo5120 — School Attendance Zones and Developer,the School Board and the local government
with jurisdiction over the approval of the development
Interzone Transfers and Rule 6A-2.0010 F.A.C., State Requirements for approval to provide compensation for the additional
�dUCatlOnal Facilities. demand on educational facilities created through the
residential development of the property,as set forth in
increase in the total number of housing units. Section 163.3180(13)(e),F.S.¶
Proposed New Residential Development:Any
JPublic_School Concurrency Program: A program established by Seminole County,, application
each of the seven municipal corporations within the County, and the Seminole County Deleted:new residential development or any
School Board to meet the requirements of Sections 163.31777, 163.3180, and 1013.33 amendment to a previously approved residential
F.S. development,which results in an
Public Schools Facilities Planning Committee (PSFPC): The PSFPC is created and Deleted:Public Facilities:Civic capital assets
established by this agreement. This committee is comprised of one elected official, or including,but not limited to,transit,sanitary sewer,
their designee, from Seminole County, each of the seven municipal corporations within solid waste,potable water,public schools,parks,
libraries and community buildings.¶
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_--- Deleted:,
recommendations from PTAC on school planning issues and may make recommendations
to the School Board.
_--- Deleted:Relocatable Classroom: A structure with a
Reserved Capacity: School capacity that is assigned to a proposed project once it has life expectancy less than le years,mobile trailer
p y' p y g p p p ) structures,or transportable wood frame structures.
received a CALD approval for the project's CALD Application________________
—-- Deleted:Development
Residential Development:Any development that is comprised of dwelling units,in whole Deleted:Development
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_--- Deleted:school Capacity:See permanent school
the School Board of Seminole County,identifying if school capacity is available to serve a capacity¶
residential project.and if capacity exists,,@dvising that capacity has been esterv_ed;___--__ Deleted:,
School Capacity: See Program School Capacity Deleted:recommending whether the proposed
development should be approved or
Deleted:vested.
School District:The School District of Seminole County is created pursuant to Article IX,
Section 4,of the Florida Constitution.
School Impact Analysis LSCALD Application): A formal description of a residential_-_- Deleted:SIA
project subject to school concurrency review provided by the developer for School Board
review in accordance with Section 12,of this Agreement.__________ ,- Deleted:.1
School Year: Means the period from July 1 to June 30.
Deleted:Page 7 of 411
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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 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_--- Deleted:/relocatable
-------------------------------- -------
concurrency or included in any capacity determination of any CSA.
=Type_of_School:_An educational facility_ 9
providing the same orade_level of education, ,- Moved up[1]:Educational Facilities Work Plan:
i.e.:elementary (grades PK-5), middle (grades 6-8), or high school (grades -12) or'. The School Board's annual capital planning document
special purpose school such as magnet school. that includes long-range planning for facilities needs
over 5-year and 10-year periods.%
Utilization:The comparison of the total number of students enrolled to the total number Deleted:Tiered Level of Service:A level of service
of Program School Capacity as determined by.School Board_Policy go5120 — School which is graduated over time,used to achieve an
Attendance Zones and Interzone Transfers. adequate and desirable level of service at the end of a
specified period of time,as permitted by the Florida
Statutes.%
SECTION 2 COMMITTEES AND DUTIES Deleted:permanent student stations
2.1 Planning Technical Advisory Committee (PTAC). PTAC will meet, at a Deleted:FISH at a school facility
minimum on a semi-annual basis, in 4he first and third quarter of the school year,__-- Deleted: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.A designee of the School Board shall be---- Deleted:Representatives from the Regional
m
responsible for coordinating and convening the semi-annual eeting. Planning Council will also be invited to attend.
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 _ - Deleted:14
The PSFPC will meet annually to hear reports,_c iscuss policy,set direction, and Deleted: The PSFPC will meet annually in a
joint School Board workshop upon receipt of the draft
reach understandings concerning issues of mutual concern regarding coordination School Board Educational Facilities Work Plan(Work
of land use and school facilities planning,including population and student growth, Plan)from the School Board to discuss the Work
development trends,school needs,off-site improvements,joint use opportunities, Plan,submitted to the Department of Education.A
and school concurrency. 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
SECTION 3 STUDENT ENROLLMENT AND POPULATION PROJECTIONS Deleted:Page a of4 11
oar
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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 first quarter PTAC meeting described at Subsection 2.1, the County and Deleted:July
Cities shall provide updated five�year population projections and the School Board_ __ Deleted:
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___- Deleted:per Section 1013.31(1)(b)2,F.S.
by FDOE in first quarter of each school year. -- Deleted:July
-- Deleted:3.3 PTAC Review.PTAC will review
SECTION 4 COORDINATING AND SHARING OF INFORMATION quantity,type and school distribution of COFTE
student enrollment projections.¶
4.1 School Board Educational Facilities Work Plan.puring the first quarter of each_ _- Deleted:By August 1st
school 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 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 onJelocatable or portable classrooms,general locations of new_ - Deleted:relocatables
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:within_,-- Deleted:prior to September 1st.
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 went _- Deleted:fifteen(15)calendar
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 FDeleted.7.4,
8.1 of this Agreement.
SECTIONS 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 20,days Deleted:working
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
Deleted:Page 9 of 411
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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 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 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 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 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 15 percent increase or_-,- Deleted:5
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 otOff-Site Improvements.In conjunction with the land use _ -- Deleted: On-Site and
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 Deleted:on-site and
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.
Deleted:Page 10 of 41¶
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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.
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
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 affect
student enrollment, enrollment projections, or school facilities in accordance with
Section 12 of this Agreement. Such notice will be provided within 10 gays with _ Deleted:working
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 12,when reviewing Comprehensive Plan Deleted:13
amendments and rezonings for residential development proposals:
A. School Board comments on residential development proposals Deleted:;
B. The provision of school sites and facilities within neighborhoods, Deleted:;
C. The compatibility of land uses adjacent to existing schools and reserved
school sited Deleted:;
D. The co-location of parks,recreation and neighborhood facilities with school
sltes� Deleted:;
E. The linkage of schools, parks, libraries and other public facilities with
bikeways,trails,and sidewalks for safe access, Deleted:;
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, Deleted:
B. Providing incentives to the private sector to identify and implement creative
solutions to developing adequate school facilities in residential
developments, Deleted:;
Deleted:Page 11 of 41¶
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C. Targeting community development improvements in older and distressed
neighborhoods near schools;and
D. Working to address and resolve multi-jurisdictional public_school issues. Deleted:
Formatted:Font:Bold
ECTION 7 CO-LOCATION AND SHARED USE _ Deleted: Page Break
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.Pursuant to Section Deleted:The
163.31777(2)(q), 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 local governments 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 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 Plans, unless electing to be bound by the provisions
established by the County.
Deleted:Page 12 of 41¶
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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 pevelopment Agreement for Mitigation has been Deleted:mitigation agreement
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.
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 Jabulation as provided by the County. Deleted:calculation
4. Total number of dwelling units with certificates of occupancy(CO) Formatted:indent:Left: 0",Hanging: 1.5"
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 - Deleted:financially feasible
meet the anticipated demand for student stations identified by the COFTF _ - _ Deleted: projections so that no Concurrency
B. Consider school attendance boundary adjustments as may be appropriate Service Area exceeds the adopted level of service
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. Deleted:5.30.
Initiation of attendance boundaries shall be at the sole discretion of the
School Board.
C. Plan capacity enhancing and remodeling projects necessary to maintain Deleted:Construct
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.
Deleted:Page 13 of 41f
ag=e 13 of 37
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i
G. Consider and approve Development Agreement for Mitigation options for Deleted:proportionate share mitigation
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
facilities,and amendments to future land use plan elements consistent with
the requirements of this Agreement.
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.,- Deleted:D
ffi
add sucient capacity to achieve and maintain the adopted LOS Formatted:indent:Left: o",Hanging: 1.5"
standard for all schools based on the projected COFTE enrollment;
provide for required modernizations;and satisfy the School Board's Deleted-, permanent
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__ - Deleted:E.
Five-Year Capital Improvement Plan.
P. Maximize utilization of existing schools so that proposed projects add the_ ,- Deleted:F
necessaryFapacity to maintain the adopted_Level_of Service standard. --_ __ Deleted:permanent
€. The School Board's Five-Year Capital Improvement Plan and each annual - Deleted:G
update shall gonsider the projected enrollment, capacity and utilization _ Deleted:identify
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.
Deleted:Page 14 of 41¶
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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 ADeleted:on or before August 1st
Five-Year CIP for review and comment.Transmittal to the PSFPC,the Cities and Moved down[3]: D.
the County shall occur during first quarter of each school year commencing after_
the effective date of this Agreement. ; Deleted:9.5 Amendments to the School
Board's Five-Year Capital Improvement
9.4 Adoption. Unless the adoption is delayed by mediation, delayed receipt of data Plan. The School Board shall not amend the School
from FDOE, or a lawful challenge, the School Board shall adopt their Five-Year Board's Five-Year Capital Improvement Plan so as to
Capital Improvement Plan no later than September 30th, and it shall become „' modify,delay or delete any project in the first three
effective no later than October 1 st of eachear. (3)years of the Plan unless the School Board,with
u
y u the concurrence of a majority vote by its Board
members,provides written confirmation that:¶
■ A. The modification,delay or deletion of a project
SECTION 10 COMPREHENSIVE PLAN ELEMENTS is required in order to meet the School Board's
i
constitutional obligation to provide a county-wide
10.1 Required Comprehensive Plan Amendments.The County and the Cities agree ` uniform system of free public schools or other legal
to adopt the following Comprehensive Plan amendments no later than Jen 10 I obligations imposed by state or federal law;or q
calendar months following the effective date of this Agreement. i iB. iThe modification,delay or deletion of a project
s occasioned by unanticipated change in enrollment
A. An amended Capital Improvement Element(CIE)that includes the portion projections or growth patterns or is required in order II to provide needed capacity in a location that has a
of the adopted School Board's Five-Year Capital Improvement Plan dealing current greater need than the originally planned
with capacity improvements.The amended informationv��ill_be,adopted by + location and does not cause the adopted LOS to be
the local jurisdictions no later than December 31 st following the annual , l' exceeded in the Concurrency Service Area from
adoption of the Five-Year Capital Improvement Plan by the School Board. '', ', which the originally planned project is modified,
orT
This will ensure that the CIE uniformly sets forth a financially feasible public ;' ', del
CayTher doelect schedule or scope has been
school capital facilities program, consistent with the adopted Level of , modified to address local government concerns,and
Service standards for public schools. ! ,i' the modification does not cause the adopted LOS to
Ill i'', be exceeded in the Concurrency Service Area from
B. A Public School Facilities Element(PSFE)consistent with the requirements , which the originally planned project is modified,
of.Section 163.3180 F.S.and this Agreement. ;l' delayed or deleted;and%
_ y P
C. An amended Intergovernmental Coordination Element as required by ' ;tFormatted:Font:Not Bold
Section 163.3177(6)(h)1 and 2 F.S.and this Agreement. '1' '
It Formatted:Font:Bold
D. Each jurisdiction's amendments shall be consistent with this Agreement, 10', Deleted:The PSFPC,as the required oversight
and those adopted by the other jurisdictions as required by Section 'ol committee for school concurrency as detailed in
163.3180, F.S. i' Section 14 of this Agreement,has had the
opportunity to review the proposed amendment and
10.2 Development, Adoption, and Amendment of the Capital Improvements I,' has submitted its recommendation to the
Element (CIE). An annual update or any amendment to the School Board's „ Superintendent or designee.¶
Five-Year Capital Improvement Plan by the School Board, once adopted by the ,"' E. The School Board may amend at anytime its
�, Five-Year Capital Improvement Plan to add
School Board, shall be transmitted to the County and the Cities. The County and necessary capacity projects to satisfy the provisions
the Cities shall adopt the capacity portions of the School Board's Five-Year Capital n of this Agreement.For additions to the Five-Year
Improvement Plan into the Capital Improvement Element of their Comprehensive °;, Capital Improvement Plan,the School Board [12]
Plans. ° Deleted:January 1,2008
A. The County and the Cities, by adopting the capacity portions of "The Deleted:shall
Seminole County Public School's Five-Year Capital Improvement Plan" in Deleted:included in the next comprehensive plan
the Capital Improvements Element of the Local Government's „ amendment,but
Comprehensive Plan, shall have neither the obligation nor the Deleted:1st,
responsibility for funding or accomplishing the School Board Five-Year Deleted:Sections 163.3177(12)and
Capital Improvement Plan.
Deleted:10.3 Development,Adoption,and
Amendment of the Public School Facilities
SECTION 11 SCHOOL CONCURRENCY PROGRAM Element(PSFE).The County and the Cities shall
adopt a Public School Facilities Element whic ... 13
Deleted:Page 15 of 41¶
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11.1 Commencement of School Concurrency, The School Concurrency Program
described in this Agreement shall commence onxhe EFFECTIVE DATE. Deleted:January 1,28992008
11.2 Concurrency Service Areas(CSA).The Parties hereby agree that School Formatted:Left
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 - Deleted:mapping
comprising each of the,CSAs are provided_in Appendix"A"of this Agreement.---` Deleted:CSAs shall be included in the data and
A. CSA service area boundaries,together with the standards for establishing analysis...
those boundaries, will be identified in the Comprehensive Plans of each_ ` Deleted:Public School Facilities Element and
City and the County pursuant to Section 163.318 6 f 2_a. F.S.The Deleted:CSAs will be described geographically
designation of the,specific school attendance zones comprising each of
the CSAs will be included as support documents used asp basis for or in , Deleted:Plan
,developing the local comprehensive plan . The comprehensive plan will'\�� ,
Deleted: (13)(g)(5),
include a statement advisinq that in order to determine the _geographic Deleted:Maps
boundary of each CSA, current School Board attendance zone maps for Deleted:CSA boundaries
each school included within each CSA must be consulted. Deleted:defined
�. The following standards shall Apply to thecomposition of CSAs: Deleted:Rule 9J-5.003,FAC and may be updated
1. In Order to maximize school capacity, each elementary CSA must "���� from time...
include a minimum of two elementary schools:and Deleted:time by the
2. When a new elementary school opens it may be placed in the SA that_ Deleted:County and Cities
includes the Most proximate existing elementary school with consideration J Deleted:adopt
of thegoals established in School Board Policy po5120 to include, but not Deleted:standards for modification
be limited to, minimizing the duration of travel time and distance while not `„ Formatted:Highlight
placing a transportation burden on any identifiable diversity sub group
(social economic,race/ethnicity, ESOL,or disability):and Deleted:Concurrency Service Area maps as
defined here into...
3. The capacity at county-wide Magnet Schools shall not be attributed to Deleted:PSFE
the available capacity for the CSA in which the county wide Magnet School
Is located. Deleted:Comprehensive Plan based upon
".
C. As future school attendance zone changes are required for schools Deleted:5.30,titled"Student Assignment
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 boundariesEor the designation_ _ - Deleted:.
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 ofProgram School Capacity will be maximized to the_ Deleted:school capacity
greatest extent possible, taking into account transportation costs,
and other relevant factors.
E. The Parties shall observe the following process for modifying CSA chool__ Deleted:maps
Designations:
Deleted:Page 16 of 41f
age 16 of 37
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1. Changes in school attendance zone boundaries shall be governed
by School Board Policy.po5120—School Attendance Zones and_,,- Deleted:5.30
Interzone Transfers, Section 120_54 F.S. and applicable uniform____ Deleted:102
rulespoverninq rulemaking and administrative_proceedings. Prior
to the School Board holding an initial public meeting to consider Deleted:for
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 _- Moved(insertion)[4)
school(s) attendance zone boundary is appropriate"_the_School Moved up[4]: 2.
Board shall�rtake public the revised attendanceZone boundary and
shall provide notice of the proposed changes to the Cities, to they Deleted: considering the above standards
County,and to the PSFPC. Deleted:transmit
3. Not Used. Deleted:zones or CSAs
4. Concurrency_Service Area geographic boundaries shall conform to- Deleted:data and analysis to support
revised school attendance zone boundaries and shall become Deleted: 3. The County,Cities and PSFPC
effective upon final adoptiora�of_the_modified school attendance \
shall review the proposed amendment within the
zone boundaries by the School Board pursuant to School Board_
" times prescribed by Section 120.54 F.S.¶
Policy Po5120 — School Attendance Zones and nterzone ; Formatted:Indent:Left: 0",Tab stops: 1.5",Left
Transfers, but shall notLeguire amendment to this Agreement or to Deleted:The change to a
the local government Jurisdiction's comprehensive plan. Deleted:boundary
5. To become effective,any proposed change to CSA boundaries that: Deleted:.%
a. is not a CSA boundary change resulting from a School F. Charter schools
Board modification to school attendance zone geographic Deleted:magnet schools will
boundaries pursuant to School Board Policy po5120 - Deleted:have their own CSA.Charter and
School Attendance Zones and Interzone Transfers;or magnet schools are open to all students residing
within the district and students are generally
b. is a proposed change to the designation of which individual accepted through application approval.These
school attendance zones comprise the various CSAs, special public schools vary in size,and may
target a specific type of student and can limit the
must be reviewed bV the PTAC, the PSFPC, and approved bV all age groups or grade levels
Parties as an amendment to this Agreement. Formatted:Highlight
—-- Formatted:Indent:Left: -0.5",Tab stops:Not at 1.5"
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 theMaximum LOS standard___- Deleted:desired
shall be the Program School Capacity for each school_type within each CSAR __ Deleted:100%of
-
-------------------------------------------
Deleted•aggregate permanent FISH capacity
11.4 School Concurrency Regulations,Each Local Government shall adopt school_ Deleted:
concurrency provisions into its land development regulations (LDRs) consistent Deleted: To financially achieve the desired
with the requirements of this Agreement. LOS standard at the high school level,a tiered LOS
standard is established as follows:¶ 14
A. The County and the Cities shall amend their LDRs to adopt school
Within 18 FneRths of the RffaGta%gR data of
concurrency provisions for the review of development approvals. Deleted:
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. Deleted:Page 17 of 411[
a e V of 37
57
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2. At any time, any Local Government may opt out of the County's
implementing ordinance through implementing its own ordinance.
SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS
Deleted:¶
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. 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:
Deleted: 1. All residential lots of record at
1. An amendment to an previously approved residential the time the School Concurrency implementing
Y Y p Y pP ordinance becomes effective.¶
development,which does not increase the number of dwelling units 2. Any new residential development that has
or change the type of dwelling units (single-family, multi-family, a site plan approval,final subdivision or the
etc.). functional equivalent for a site specific
development approval prior to the
,2. Any communitty subject to_a restrictive covenant on allresidential commencement date of the School Concurrency
units 4hat results in no permanent residents under the age of_�,„ Program.¶
-------------------------------
1 3
eighteen(18).. 0\\
3. De minimus impact residential single-family developments with four Deleted:4
(4)or less units,or multi-family developments with eight(8)or less o Deleted:age restricted
units. Such de minimus impact exempt developments would still beDeleted:with no permanent residents under the
required to go through other approval processes required by the age of eighteen(18).An age restricted
local government(s). community shall be...
D.. Any new residential development that received a passing School Capacity-
Deleted:
Availability Letter of Qetermination 'SCALD")prior to the effective date ofDeleted:limiting
this Agreement will remain under the terms and conditions established inl ` Moved(insertion)]3]
the Agreement when the SCALD was received and will not be required to ;\` Formatted:Font:Not Bold
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. ;\` Formatted:Indent:Left: 0",Hanging: 1"
Formatted:Font:Bold
Deleted:age
E. Upon request by a developer submitting a land development application \`
with a residential component,the School Board shall issue a determination Deleted:permanent residents to 18 years
as to whether or not a development, lot or unit is exempt from the Deleted:older.
requirements of school concurrency and submit a copy of the determination Formatted:Font:Bold
to the local government within 10 days.
Deleted: D
Deleted:Page 18 of 41¶
age 18 of 37
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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_developmentpermit application_(such as site__-- Formatted:Font:Not Bold
plan or final subdivision)with a residential component that is not exempt
under Section 12.1(0) or 12.1(D)_of this Agreement is subject to school_--" Deleted:c
concurrency and shall prepare and submit a,SCALD Application to the __ Deleted:School Impact Analysis(SIA)
School Board for review. The SCALD Application form shall be obtained
from the School Board.
-------------------------------------------------""" Deleted: B
The�SCALD Application shall indicate the location of the development,the_"-" Deleted:SIA
number of dwelling units by unit type(single-family detached,single family
attached,�(town homes/condom iniums), multi-family with unit sizes and -- Deleted:,
mobile homes),a phasing schedule(if applicable),and age restrictions for \_ Deleted:, apartments
occupancy (if any). The School Board concurrency test shall follow the
following steps:
1. Test Submittal. The developer shall submit a,SCALD Application - Deleted:SIA
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 fiv_ekdays but,-- Deleted:SIA
not more than 30 days prior to Development Application submittal - Deleted: working
to the local government. The School Board shall perform a
sufficiency review on the ,,SCALD Application. An incomplete_"-- Deleted:SIA application.
,SLCALD Application will be returned to the Owner/Developer without____ Deleted:SIA application
processing. The School Board will have 20 days to determine
sufficiency and complete the Test Review.The School Board may Deleted:working
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__"- Deleted:SIA application
in which it is received by the School Board.
Deleted:School Capacity Availability Letter of
3. Passing the Test. If the available capacity of public schools for Determination(...
each type within the CSA[or contiguous CSAs as provided for in Deleted:)
12.2(C) below] containing the proposed project is equal to or
Deleted: and
greater than the proposed project's needed capacity, the
concurrency test is passed. The School Board will issue a,SCALD '' Deleted:encumbered
identifying the school capacity available to serve the proposed „' Deleted: for
project, indicating that said capacity_has been esl served for the-//'//. Deleted:period of one year.A
proposed project and containing a arnin that reserved capacity :-
ill be orfeited if the evelo er fails to meet the time deadlines set--- Deleted:encumbrance fee
forth in Section 12.7, below.. -- Deleted:established during
Deleted:regulatory phase of this process.
Deleted:Page 19 of 4111
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i
4. Forfeiture of reserved capacity. If developer fails to meet the time_-_- Deleted: 4
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 contiguous CSAs as provided for
in Section 12,3(c) belowl containing the proposed_project_is less__-- Deleted:2
than the proposed project's needed capacity,the concurrency test
is failed. The School Board will issue a,,SCALq informing the—-- Deleted:School Capacity Availability Letter of
P _
develo a that Capaci is not available jand advising thedeveloper er Determination(...
--
ty---------- - ----
of the following options: Deleted:)and inform
a. Accept a 30 dayxemporary reservation of available school Deleted:.If
capacity, and within the same 30,-day period,_amend the - Deleted:the School Board will advise
Development Application to balance it with the available Deleted:encumbrance
capacity.The time deadlines set forth in Section 12.7 will be
tolled until the Development Application has been amended Deleted:
or the temporary reservation of capacity has expired, Deleted:;
whichever is earlier;or
b. Accept a 60 day xemporary reservation of available school_--- Deleted:encumbrance
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 _- Deleted:Proportionate Share
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 resected 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- - - - - -- - - - - - - ---_- Deleted:6
d. Withdraw theQCALD Application. _________ -- Deleted:SIA application
6. Test Abandonment. If no option under Section-12.2(BJ(E)above is--,- Deleted:5
,selected by the developer within5 days following issuance of the Formatted:Font:Italic
SCALD,then the CALD Application shall be deemed abandoned.`
Deleted:4
12.3 Methodology.The methodology for performing the concurrency test shall follow
Deleted:exercised
the steps outlined below:
Deleted:45
A. To determine a proposed development's projected students,the proposed Deleted:application
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_-_- Deleted:BCC Public School
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 ,_- Deleted:under actual
construction in the first three years of the School Board's Capital
Deleted:Page 20 of 411[
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i
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 DIRT 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 DIRT shall be
updated to reflect these projections. Available capacity shall be derived
using the following formula:
[available Capacity=School Capacity'—(EnrollmentZ+Approved 3) Formatted:Font:Not Bold
Where:
'School Capacity = ro ram School Capacity as programmed in the first Deleted:Permanent
three(3)years of the School Board's Five-Year CIP
2Enrollment = Student enrollment as counted at the Fall Semeste Deleted:
Student Count.
Formatted:Tab stops:Not at 0.5"
3Approved =Students generated from approved residential developments Deleted:FTE
after the implementation of school concurrency
B. Using the Fall,Semester Student Count,the vested number of students on Deleted:FTE
the DIRT 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.
Deleted:Proportionate Share
12.5 Development Agreement for Mitigation. In the event there is not available Deleted:may
school capacity to support a development, the School Board vill entertain_, Deleted:Page 21 of 41¶
a e21of37
61
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Development Agreement for Mitigation options consistent with Section _ Deleted:proportionate share mitigation
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 aitigation agreement will .- Deleted:proportionate share
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_--- Deleted:developers proportionate share
Mitigation credits shall be as follows: mitigation...
Development Mitigation Share = ('Development students -Available -- Deleted:Proportionate
Capacity)x ZTotal 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.
ZTotal Cost=the cost per student station as determined and published by
,Seminole County Public Schools School Impact Fee Study Update in effect_--- Deleted:the State of Florida
as of the date of issuance of the SCALD.
C. The applicant shall accept a .0_day_encumbrance of available school _,- Deleted:90
capacity,and within the same.0 day period enter into negotiations w_ith the____ Deleted:90
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., Deleted:Capacity enhancing projects identified
within the first three(3)years of the Five-Year
2. If capacity projects are planned in years four(4) or five (5)of the Capital Improvement Plan shall be considered
School Board's Five-Year Capital Improvement Plan within as committed in accordance with Section 9.5 of
the same CSA as the proposed residential development, the this Agreement.
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:
Deleted:Page 22 of 41¶
ag=e 22 of 37
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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 &n___- Deleted:a
educational facility in exchange for the right toer ceive____ Deleted:sell capacity
impact fee credits;or
C. Provide modular or permanent student stations acceptable
for use as an educational acilit ;or ,- Deleted-facilities
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 ofann educational facility in advance of the time - Deleted:a
set forth in the School Board's Five-Year Capital
Improvement Plan.
D. For mitigation measures (a) thru (f) above, the estimated cost Lf the ,- Deleted:to construct
mitigating capacity will reflect the estimated futurercostsat the time of the___ Deleted: construction
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 QSAs. Impact fee_ credits shall be_._- Deleted:CSA
calculated at the same time as the applicant's proportionate share
obligation is calculated.Jmpact fee credits may be transferred pursuant to___- Deleted:Any school impact fee credit based on
Section 163.31801, Florida Statutes. proportionate fair share contributions for a
proposed development cannot be transferred to
F. A proportionate share mitigation contribution shall not be subsequently any other parcel or parcels of real property within
amended or refunded after final site plan or plat approval to reflect a the CSA...
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 Deleted:Letter
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
Deleted:Page 23 of 41¶
age 23 of 37
63
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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 sixtV (60 day-negotiation period as Deleted:ninety(90
described in Section 12.7(B) of this Agreement, constitutes final agency Deleted:encumbered. Capacity will not be reserved
action by the School Board for purposes of Chapter 120, F.S. until the local government issues Development
Approval.
Deleted:..
12.6 School Concurrency Approval. Issuance of a SCALD by the School Board Deleted:ten(10)working
identifying that adequate capacity exists indicates only that school facilities are Deleted:Once the local government has issued a
currently available,and capacity for the proposed development has been reserved.. final development approval,school concurrency for
A. A local government shall not issue a Development approval for a residential ;; the residential development shall be valid for the
development until receiving confirmation of available school capacity in the life of the final development approval.
form of a SCALD from the School Board.The Development approval shall ; Deleted:there is a final disposition of the
include a reference to the findings of the SCALD indicating that the project ; Development Application by the local government.
meets school concurrency, .' j ; Deleted:approves
B. Local governments shall notify the School Board within Jifteen (15)days of_! its equivalent,Deleted: by means of a Development Approval,or
any official change in the validity(status)of a Development Approval fora
residential development that has received a SCALD. j j i Deleted:School Board shall move the
Deleted:from encumbered status to reserved status
C. The Local Government shall not issue a building permit or its functional „ for the proposed project.When the local government
equivalent for a non-exempt residential development until receiving „' ; issues a Development approval for a residential
confirmation of available school capacity from the School Board in the form ;';; project it shall notify the school board within 10
of a SCALD., "„ working days.
'a Deleted:duration for which
12.7 Reserved Capacity. School capacity will be reserved when,jhe_School_District_�;�� ��
issues the SCALD. If the local governmentdenies the Development Application, ,d Deleted:is reserved shall be subject to the
then thepevelopment's reserved school ca aci s forfeited. The evelo ment's- respective municipality's Land
__p _ty1___________ P P
reserved school capacity will be forfeited if the development approval orpuilding - Deleted:Code,but shall not exceed two years from
permit is terminated or ex Ire or If develo ment ails to meet any of the following the date of
time deadlines: Deleted:the issuance of a
Deleted:,whichever occurs first. If the building
permit once issued
A. The development application submittal is not submitted to the local Deleted: under the
government with jurisdiction within thirty(30) days following the date of
issuance of the SCALD. Deleted:regulations
B. Vertical Construction of a portion of the Project associated with residential Deleted:,
units has not commenced within two (2) years following issuance of Formatted:Numbered+Level:1 +Numbering Style:
SCALD. This deadline will be extended by School Board for one (1) A,B,C,...+Start at:1 +Alignment:Left+Aligned at:
additional year if the development application is still under review by the ,' ' 0.75"+Indent at: 1"
local government and upon the recommendation of the local government,'/, Deleted:project will lose its reserved capacity.
with jurisdiction; Should a Development Approval for a residential
development expire,
C. Construction of the development identified in-the CALD has not been '-_ Deleted:subject municipality shall notify
completed within four(4)years of the commencement of construction.This Deleted:Page 24 of 411
a e 24 of 37
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deadline may be extended by School Boardfor one(1)additional year upon___- Deleted:. A capacity reservation fee will be
thexecommendation of the local government with jurisdiction. established during
It is the developer's responsibility to provide written notice to the School Board that Deleted:regulatory phase of this process.
each of the above time deadlines has been met.The School Board will provide the - Deleted:.¶
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_ Deleted:¶
Administrative Procedure Act. Formatted:Font:Not Bold
,SECTION 13 OVERSIGHT--------------------------------------- Deleted:appoint a chairperson,
•--
13.1 Oversig_ht.-The-PSFPC will serve as the required oversight committee for school ,' Deleted:,semi-
concurrency ----------------- ------ -----------
concurrency to monitor and evaluate the school concurrency program. „', Deleted: in mid-September and mid-March
The committee shall meet at a minimuM gnce annually�in accordance with the laws-, Deleted:A
of Florida governing public meetings,and report to participating local governments,
the School Board and the general public on the effectiveness with which this J Deleted:semiannual meeting
Agreement is being implemented. The PSFPC representative from the SeminoleJFormatted:Font color:Red
County School Board shall act as the chairperson. A designee of the School Board Deleted:13)(g)(
shall be responsible for coordinating the PSFPC meetings. Deleted:c),
,A._ The_monitoring and_evaluation_of the school concurrency process_is_/„' Deleted:preparing an annual assessment report
required pursuant to Section 163.3180(.6) Q 4c F.S_, and Section 2 of thisJ' on
Agreement.The PSFPC shall be responsible for evaluating this Agreement Deleted:The report will be made available
and the effectiveness of the School Concurrency System.Commencing in
2025, upon completion of each periodic Seminole County Impact Fee Study Formatted:Font color:Red,Highlight
Update pursuant to the hand Development Code of Seminole County,_--- Deleted:public and presented at
Chapter 105, "Education System Impact Fees",the PSFPC shall evaluate____ Deleted:March meeting
the effectiveness of the CSAs for measuring LOS and consider making
recommendations to amend this Agreement.,The failure of the PSFPC to Formatted:Font color.Red
initiate this review in a timely manner shall not affect the validity of this A Formatted:Font:Not Bold
Agreement. Deleted:be invited to attend all meetings
13. The PSFPC members shall receive copies of all reports and documents
referenced in Section 2 and shall
produced pursuant to this Agreement. Moved(insertion)[5]
C. During the Irst uarter,of each school ear,the PSFPC shall receive the Deleted: The PSFPC shall evaluate
proposed School Boa d's District Educ tlonal Facilities work Plan and the-,-, - Deleted:effectiveness of the CSAs for measuring
Five-Year Capital Improvement Plan.The PSFPC will report to the School the LOS and consider making recommendations to
Board,the County,and the Cities on whether or not the proposed Five-Year amend the CSA Map.¶
Capital Improvement Plan maintains the adopted Level of Service in each Moved up[5]: C.
CSA yDeleted:By August 1st
,SECTION-14- SPECIAL PROVISIONS Deleted: by adding enough projects to increase
----- - ------------------------------------------------- the capacity.The PSFPC will examine the need to
14.1 School Board Requirements. The Parties acknowledge and agree that the eliminate any permanent student station shortfalls
School Board is or may be subject to the requirements of the Florida and United by including required modernization of existing
States Constitutions and other state or federal statutes regarding the operation of facilities,and by providing permanent student
the public schools stem and the rules b the State Board of Education stations for the projected growth in enrollment over
p y y n or each of the five(5)years covered by the plan
Commissioner of Education.
Deleted:¶
Deleted:Page 25 of 411
a e 25 of 37
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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
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 -- Deleted:¶
15.1 _ Amendment of the Agreement. This Agreement may be amended by written_--- Formatted:Highlight
consent of no less than eighty-eight percent(88%)of allparties to this Agreement___ Deleted:parties
with the exception of the provisions noted below. The Agreement will remain in
effect until amended in accordance with Florida Statutes.
A.Amendment of Section 11.2.8 shall require the written consent of all parties.
B. The repeal of School Concurrency shall require the written consent of all
Parties.
C. 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.
D. Amendment of this Section 15.1 shall require the written consent of all Parties.
Formatted:Font:9 pt
15.2 Notice Requirements. Any notices provided pursuant to this Agreement shall be
sent to the following addresses: ;, Formatted Table
r ' Deleted:
,City Manager City Manager
City of Altamonte Springs City of Sanford Formatted:Font:9 pt
225 Newburyport Avenue 300 North Park Avenue Deleted:
Altamonte Springs,Florida 32701 Sanford,Florida.32771
Formatted:Font:9 pt
City Manager City Manager
City of Casselberry City of Winter Springs Deleted:
95 Triplet Lake Drive 1126 East State Road 434
Formatted:Font:9 pt
Casselberry,Florida,32707 ___________ Winter Springs,Florid�32708__________ '
Formatted:Font:9 pt
Formatted:Font:9 pt
-------------------- Deleted:Page 26 of 411
ate 26 of 37
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City Manager County Manager
City of Lake Mary Seminole County Government
100 North Country Club Road 1101 East First Street
Lake Mary,Florida32746----------- Sanford,Florida 32771 -- Deleted:
City Manager School Board Superintendent Formatted:Font:9 pt
City of Longwood Seminole County School Board
175 West Warren Avenue 400 East Lake Mary Boulevard
Longwood,Florida.32750____________ Sanford,Florid�k32773________________ Deleted:
City Manager Deleted:
City of Oviedo Formatted:Font:9 pt
400 Alexandria Boulevard
Oviedo,Florida.32765----------------------------------------- Formatted:Font:9pt
Deleted:
1.5_.3_ Repeal of the Agreement. If the Florida Statute as it pertains to schoolplanning� Formatted:Font:9 pt
coordination and school concurrency is repealed, the Agreement may be
terminated by written consent of all parties of this Agreement. Deleted:¶
15.4 Termination of the Agreement. No party to this Agreement may terminate its Formatted:Font:10 pt
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 at the time of a Iocal-government Evaluation and Appraisal - Deleted:,per Section 163.3177(12)(b),F.S.,
Report, by providing a sixty (60) day written notice to ether parties and to the_ __ Deleted:at
Florida Department of,Economic Opportunity. _
-- Deleted: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 -- _- Deleted:
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 Deleted:¶
18.1 Succession of Agreement.This Agreement supersedes any previous agreement
regarding public school facilities planning upon the effective date of this
6greement.--------------------------------------------- -- Deleted:agreement
SECTION 19 EFFECTIVE DATE
Deleted:as
19.1 Effective Date.This Agreement becomes effective Ton full execution o_f he las Deleted:Deleted:January 1,2008.
party.
Deleted:Page 27 of 4111
ag=e 27 of 37--
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--- Deleted: Section Break(Next Page)- ---------------
ATTEST: CITY OF ALTAMONTE SPRINGS
By:
City Clerk_ Mayor -------- Deleted:PATSY WAINWRIGHT
Date: Deleted:RUSSEL HAUCK
-cqn
A5�
m
Deleted:¶
2007
2021 INTERLOCAL AGREEMENT_FOR_P_U_B_LI_C_S_C_H_O_O__IJACILITY PLANNING AND J'__ Deleted:¶
SCHOOL CONCURRENCY
Seminole County, Florida - Deleted:AS AMENDED JANUARY 2008
Moved down[6]:Seminole County,Florida¶
I
Deleted:Page 28 of 411
a e 28 of 37
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ATTEST: CITY OF CASSELBERRY
By:
_City Clerk--------_ Mayor --------- Deleted:THELMA MCPHERSON,
Date: Deleted:BOB GOFF
a r
Deleted:Q
r �
2007
r
r ,
Deleted:¶
Deleted:AS AMENDED JANUARY 2008
Moved(insertion)[6]
021 INTERLOCAL AGREEMENT-FOR_PUBLIC SCHOO FA_CILIT_Y_PLANNING AND Jr' ,'
_
SCHOOL CONCURRENCY---------------------- loridaMoved down[7]:Seminole County,F ¶
,Seminole County. Florida
Formatted:Font:Not Bold
• y' Deleted:Page 29 of 411
a e 29 of 37
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ATTEST: CITY OF LAKE MARY
By:
�CyClerk ___ Mayor ____•\\- Deleted:CAROL FOSTER
Deleted:THOMAS C.GREENE
Date:
Formatted:Indent:Left: 1",First line: 0.5"
a I.
Deleted:f
2007
Deleted:¶
Deleted:AS AMENDED JANUARY 2008
2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL.FACILITY PLANNING___ AND Moved(insertion)[7]
SCHOOL CONCURRENCY --- Formatted:Font:Not Bold
,Seminole County. Florida
Formatted:Left
♦ J
--- Deleted:Seminole County,Florida¶
Deleted:Page 30 of 411
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