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HomeMy WebLinkAbout2021 11 08 Regular 500 - 2021 Interlocal Agreement (ILA) for Public School Facility Planning and School Concurrency Presentation • REGULAR AGENDA ITEM 500 ,n m=ared CITY COMMISSION AGENDA I NOVEMBER 8, 2021 REGULAR MEETING 1959 TITLE The 2021 Interlocal Agreement (ILA) for Public School Facility Planning and School Concurrency Presentation 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 operates 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 presentation will include the current 2021 ILA version, approved (3-2) by the Seminole County Board of County Commissioners. 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Lj Q O CU N (V L = U O E C/) � .� t .0 O O — N• U Ute } E 0 U 0 0 -0 O y } 0 -1— O Q) 4— D -E C .L-) '- V) Q O V � }„ -0Q Q) = N E N i _ � � •� tea ,= O � } } O C6 O � � v' O O p cn �, � 0 O � t -0 j ° o U U 0 N �I O � OC) U � � � — � O .= j •— U O O .N O 00 Ln = >1 0 } } •� Q 4-j Ln O cUn N O 0 OD � .� D 0 � 0 0 � U) 00— Q) � 0 } o3 oE 4 � • `� O O � co N tn T M _ W V p V p i N _ c .x p Q p p N 003 nl U CN Ln •� � Qm � � p p U Q Ln pcnc) ONQ e N T CL •� Q m 3 LO E _ oar- a) moo •- _ _ � 4- v 21 E ° � Q cu o -0 o � •� O p c 0 -0 p p p o p o O L > 0 0 0 _ o a� ° vo � � QCNLL U 0 E 0 c u " 0) (1) r- 1 E ta NOS } Q p � p o •(/) CV -0 N 0 L/) U •� m p Q O CL • U) c E p N O _ ® W 2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Seminole County, Florida THIS AGREEMENT is entered into with the Seminole County Board of County Commissioners (hereinafter referred to as the "County"), the Commission or Council of the Cities of Longwood, Altamonte Springs, Oviedo, Winter Springs, Lake Mary, Sanford, 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 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 Page 1 of 37 130 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 163.31777 and 1013.33, F.S., require the County, Cities and School Board to establish jointly the specific ways in which the plans and processes of the School Board and the local governments are to be coordinated; and WHEREAS, 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 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 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 County and Cities' 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 County and the Cities (hereinafter referred to collectively as the "Parties") that the following definitions and procedures will be followed in coordinating land use, public school facilities planning, and school concurrency. Page 2 of 37 131 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 County and Cities..............................................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 Page 3 of 37 132 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 Page 4 of 37 133 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. Cities: All municipalities in Seminole County 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 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, 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 a local government granting, or granting with conditions, a Development Application. Educational Facilities Impact Fee: A fee designated to assist in the funding for acquisition and development of school facilities, owned and operated by the School Board, needed to serve new growth and development. 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. Page 5 of 37 134 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: Seminole County and its Cities. Modular Classroom: A room designated in FISH within an educational facility which contains student stations and where students receive instruction and which, the life expectancy of the structure, also as designated in FISH is 35 - 49 years. Modular classrooms generally consist of pre-manufactured concrete and/or steel type structures owned by the School Board. Permanent Classroom: A room designated in FISH within an educational facility which contains student stations and where students receive instruction and which, the life expectancy of the structure, also as designated in FISH, is 50 years or more. Permanent Student Station: A designated space contained within a permanent building or structure that can accommodate a student for an instructional program and is designated satisfactory in FISH data. The total number of permanent student stations at an educational facility is determined by the sum of individual permanent student stations at the facility. Permanent buildings or structure types are designated by the School Board and include permanently constructed buildings having a life expectancy of 50 years or more and modular buildings as identified in FISH, having a life expectancy exceeding 35 —49 years Planning Technical Advisory Committee (PTAC): This committee is comprised of planning staff representatives from Seminole County, each of the seven municipal corporations within the County, and the Seminole County School Board. PTAC serves as an advisory committee and working group to enhance intergovernmental coordination of comprehensive plan programs and assists in ensuring consistency between these programs and issues of multi-jurisdictional concern. 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 Page 6 of 37 135 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 Seminole County, each of the seven municipal corporations within the County, and the Seminole County School Board. The PSFPC is responsible for the oversight of the school concurrency program established in this agreement and hears recommendations from PTAC on school planning issues and may make recommendations to the School Board. Reserved Capacity: School capacity that is assigned to a proposed project once it has received a SCALD approval for the project's SCALD Application. Residential Development: Any development that is comprised of dwelling units, in whole or in part, for permanent human habitation. School Board: The governing body established under Article IX, Section 4, of the Florida Constitution. School Capacity Availability Letter of Determination (SCALD): A letter prepared by the School Board of Seminole County, identifying if school capacity is available to serve a residential project., and if capacity exists, advising that capacity has been reserved. School Capacity: See Program School Capacity School District: The School District of Seminole County is created pursuant to Article IX, Section 4, of the Florida Constitution. School Impact Analysis (SCALD Application): A formal description of a residential project subject to school concurrency review provided by the developer for School Board review in accordance with Section 12 of this Agreement. School Year: Means the period from July 1 to June 30. Page 7 of 37 136 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. 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 Page 8 of 37 137 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 Cities shall provide updated five-year population projections and the School Board will supply the annually updated student enrollment projections. 3.2 Student Projections. The Parties agree to use student population projections 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, 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 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 Cities and County 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 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 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 Page 9 of 37 138 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 decrease in student capacity, or the closure of a school has been identified in the School Board Five-Year Capital Improvement Plan, PTAC shall notify the PSFPC and make recommendations on the impacts the renovation or closure will have on the adopted level of service for schools. If a 5% or greater reduction of capacity is proposed for a High School, the local government(s) with jurisdiction within the impacted CSA will be notified. 5.4 Joint Consideration of Off-Site Improvements. In conjunction with the land use consistency determination described in Subsection 5.1 of this Agreement, the School Board and the effected local government will jointly determine the need for and timing of off-site improvements necessary to support each new school or the proposed remodeling of an existing school. The School Board and the effected local government will agree to the timing, location, and the party or parties responsible for financing constructing, operating and maintaining the required improvements. Page 10 of 37 139 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 days with receipt of the application. This notice requirement applies to amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and/or major residential or mixed-use development projects. 6.3 Criteria for Evaluating Residential Development Applications. The County and Cities will consider the following issues, in addition to the review process for school concurrency described in Section 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 County and Cities will consider the following issues: A. Scheduling of capital improvements that are coordinated with and meet the capital needs identified in the School Board's Five—Year Capital Improvement Plan. B. Providing incentives to the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments. Page 11 of 37 140 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 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. Page 12 of 37 141 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 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. Page 13 of 37 142 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 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 add sufficient capacity to achieve and maintain the adopted LOS standard for all schools based on the projected COFTE enrollment; provide for required modernizations; and satisfy the School Board's constitutional obligation to provide a uniform system of free public schools on a county-wide basis. 2. Include a description of each school project, in the School Board's Five-Year Capital Improvement Plan. D. Maximize utilization of existing schools so that proposed projects add the necessary capacity to maintain the adopted Level of Service standard. E. The School Board's Five-Year Capital Improvement Plan and each annual update shall consider the projected enrollment, capacity and utilization percentage of all schools. 9.2 Educational Facilities Work Plan. In addition to the adopted School Board's Five- Year Capital Improvement Plan, the School Board shall annually adopt a five-year and ten-year work plan based upon revenue projections, COFTE enrollment projections and facility needs for the five-year and ten-year period. It is recognized that the projections in the five- and ten-year time frames are tentative and should be used only for general planning purposes. Upon completion, the Educational Facilities Work Plan will be transmitted to the local governments. Page 14 of 37 143 9.3 Transmittal.The School Board shall transmit to the County,the local governments and the PSFPC copies of the proposed Educational Facilities Work Plan and the Five-Year CIP for review and comment. Transmittal to the PSFPC, the Cities and the County shall occur 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 1st 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 31St following the annual adoption of the Five-Year Capital Improvement Plan by the School Board. This will ensure that the CIE uniformly sets forth a financially feasible public school capital facilities program, consistent with the adopted Level of Service standards for public schools. B. A Public School Facilities Element(PSFE)consistent with the requirements of Section 163.3180(6) F.S. and this Agreement. C. An amended Intergovernmental Coordination Element as required by Section 163.3177(6)(h)1 and 2 F.S. and this Agreement. D. Each jurisdiction's amendments shall be consistent with this Agreement, and those adopted by the other jurisdictions as required by Section 163.3180, F.S. 10.2 Development, Adoption, and Amendment of the Capital Improvements Element (CIE). An annual update or any amendment to the School Board's Five-Year Capital Improvement Plan by the School Board, once adopted by the School Board, shall be transmitted to the County and the Cities. The County and the Cities shall adopt the capacity portions of the School Board's Five-Year Capital Improvement Plan into the Capital Improvement Element of their Comprehensive Plans. A. The County and the Cities, by adopting the capacity portions of "The Seminole County Public School's Five-Year Capital Improvement Plan" in the Capital Improvements Element of the Local Government's Comprehensive Plan, shall have neither the obligation nor the responsibility for funding or accomplishing the School Board Five-Year Capital Improvement Plan. SECTION 11 SCHOOL CONCURRENCY PROGRAM Page 15 of 37 144 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: 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: Page 16 of 37 145 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, to the County, and to the PSFPC. 3. Not Used. 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 County, Cities and School Board shall adopt a LOS standard for schools. The Parties hereby agree that the maximum LOS standard shall be the Program School Capacity for each school type within each CSA. 11.4 School Concurrency Regulations. Each Local Government shall adopt school concurrency provisions into its land development regulations (LDRs) consistent with the requirements of this Agreement. A. The County and the Cities shall amend their LDRs to adopt school concurrency provisions for the review of development approvals. 1. In the event that any participating City does not adopt LDRs within 18 months, that government shall be deemed to have "opted in" to the County regulations and agrees to be bound by the terms and provisions therein until it adopts its own ordinance. Page 17 of 37 146 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 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: 1. Any amendment to any previously approved residential development, which does not increase the number of dwelling units or change the type of dwelling units (single-family, multi-family, etc.). 2. Any community subject to a restrictive covenant on all residential units that results in no permanent residents under the age of eighteen (18).. 3. De minimus impact residential single-family developments with four (4) or less units, or multi-family developments with eight (8) or less units. Such de minimus impact exempt developments would still be required to go through other approval processes required by the local government(s). D. Any new residential development that received a passing School Capacity Availability Letter of Determination ("SCALD") prior to the effective date of this Agreement will remain under the terms and conditions established in the Agreement when the SCALD was received and will not be required to apply for a new SCALD under this Agreement or be subject to the time deadlines and forfeiture provisions set forth in Section 12.7 below. E. Upon request by a developer submitting a land development application with a residential component, the School Board shall issue a determination as to whether or not a development, lot or unit is exempt from the requirements of school concurrency and submit a copy of the determination to the local government within 10 days. Page 18 of 37 147 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/condominiums), multi-family with unit sizes, and mobile homes), a phasing schedule (if applicable), and age restrictions for occupancy (if any). The School Board concurrency test shall follow the following steps: 1. Test Submittal. The developer shall submit a SCALD Application to the School Board with a copy to the local government with jurisdiction over the proposed development. The completed SCALD Application must be submitted a minimum of five days but not more than 30 days prior to Development Application submittal to the local government. The School Board shall perform a sufficiency review on the SCALD Application. An incomplete SCALD Application will be returned to the Owner/Developer without processing. The School Board will have 20 days to determine sufficiency and complete the Test Review. The School Board may charge the applicant a non-refundable application fee payable to the School Board to meet the cost of review in accordance with Florida Statutes. 2. Test Review. Each SCALD Application will be reviewed in the order in which it is received by the School Board. 3. Passing the Test. If the available capacity of public schools for each type within the CSA [or contiguous CSAs 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.. Page 19 of 37 148 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 contiguous CSAs 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. 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 Page 20 of 37 149 Improvement Plan will be added to the capacity shown in the CSA, and is counted as available capacity for the residential development under review. C. If the projected student growth from a residential development causes the adopted LOS to be exceeded in the CSA, an adjacent CSA which is contiguous with and touches the boundary of, the concurrency service area within which the proposed development is located shall be evaluated for available capacity. An adjacency evaluation review shall be conducted as follows: 1. In conducting the adjacency review, the School Board shall first use the adjacent CSA with the most available capacity to evaluate projected enrollment impact and, if necessary, shall continue to the next adjacent CSA with the next most available capacity. 2. Consistent with Rule 6A-3.0171 F.A.C., at no time shall the shift of impact to an adjacent CSA result in a total morning or afternoon transportation time of either elementary or secondary students to exceed fifty (50) minutes or one (1) hour, respectively. The transportation time shall be determined by the School Board transportation routing system and measured from the school the impact is to be assigned, to the center of the subject parcel/plat in the amendment application, along the most direct improved pubic roadway free from major hazards. 12.4 Development Review Table. The School Board shall create and maintain a Development Review Table (DRT) for each CSA, and will use the DRT to compare the projected students from proposed residential developments to the CSAs available capacity programmed within the first three years of the current five-year capital planning period. A. Student enrollment projections shall be based on the most recently adopted School Board Capital Facilities Work Program, and the DRT shall be updated to reflect these projections. Available capacity shall be derived using the following formula: Available Capacity = School Capacity' — (Enrollment2 + Approved 3) Where: 'School Capacity = Program School Capacity as programmed in the first three (3) years of the School Board's Five-Year CIP 2Enrollment = Student enrollment as counted at the Fall Semester Student Count. 3Approved = Students generated from approved residential developments after the implementation of school concurrency B. Using the Fall Semester Student Count, the vested number of students on the DRT will be reduced by the number of students represented by the residential units that received certificates of occupancy within the previous twelve (12) month period. 12.5 Development Agreement for Mitigation. In the event there is not available school capacity to support a development, the School Board will entertain Page 21 of 37 150 Development Agreement for Mitigation options consistent with Section 163.3180(6)(h), F.S., and, if accepted, shall enter into an enforceable and binding agreement with the developer to mitigate the impact from the development through the creation of additional school capacity. A. When the anticipated student impacts from a proposed development cause the adopted LOS to be exceeded, the developer's mitigation agreement will be based on the number of additional student stations necessary to achieve the established LOS. The amount to be paid will be calculated by the cost per student station for elementary, middle and high school as determined and published by the State of Florida. B. The methodology used to calculate a Development Agreement for Mitigation credits shall be as follows: Development Mitigation Share = ('Development students - Available Capacity) x 2Total Cost per student station Where: 'Development students = those students from the development that are assigned to a CSA and have triggered a deficiency of the available capacity. 2Total Cost = the cost per student station as determined and published by Seminole County Public Schools School Impact Fee Study Update in effect as of the date of issuance of the SCALD. C. The applicant shall accept a 60 day encumbrance of available school capacity, and within the same 60 day period enter into negotiations with the Local Government(s) with jurisdiction in the effected CSA and the School Board in an effort to mitigate the impact from the development through the creation of additional capacity. Upon identification and acceptance of a mitigation option deemed financially feasible by the Local Government(s) with jurisdiction in the effected CSA and the School Board, the developer shall enter into a binding and enforceable development agreement with the Local Government(s) with jurisdiction in the effected CSA and the School Board. 1. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a school capacity project identified in the School Board's Five-Year Capital Improvement Plan. 2. If capacity projects are planned in years four (4) or five (5) of the School Board's Five-Year Capital Improvement Plan within the same CSA as the proposed residential development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in Section 12.5 (B) of this Agreement. 3. If a capacity project does not exist in the Capital Improvement Plan, the School Board will add a capacity project to satisfy the impacts from a proposed residential development, if it is funded through the developer's proportionate share mitigation contributions. Mitigation options may include, but are not limited to: Page 22 of 37 151 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, 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 Page 23 of 37 152 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(8) 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. 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 Page 24 of 37 153 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 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 County, and the Cities 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. Page 25 of 37 154 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 15.1 Amendment of the Agreement. This Agreement may be amended by written consent of no less than eighty-eight percent (88%) of all Parties to this Agreement 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 11.2.13 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. 15.2 Notice Requirements. Any notices provided pursuant to this Agreement shall be sent to the following addresses: City Manager City Manager City of Altamonte Springs City of Sanford 225 Newburyport Avenue 300 North Park Avenue Altamonte Springs, Florida 32701 Sanford, Florida 32771 City Manager City Manager City of Casselberry City of Winter Springs 95 Triplet Lake Drive 1126 East State Road 434 Casselberry, Florida 32707 Winter Springs, Florida 32708 Page 26 of 37 155 City Manager County Manager City of Lake Mary Seminole County Government 100 North Country Club Road 1101 East First Street Lake Mary, Florida 32746 Sanford, Florida 32771 City Manager School Board Superintendent City of Longwood Seminole County School Board 175 West Warren Avenue 400 East Lake Mary Boulevard Longwood, Florida 32750 Sanford, Florida 32773 City Manager City of Oviedo 400 Alexandria Boulevard Oviedo, Florida 32765 15.3 Repeal of the Agreement. If the Florida Statute as it pertains to school planning coordination and school concurrency is repealed, the Agreement may be terminated by written consent of all parties of this Agreement. 15.4 Termination of the Agreement. No party to this Agreement may terminate its participation in the agreement except through the exemption process in which a municipality may not be required to participate in school concurrency when demonstrating that all the requirements are no longer having a significant impact on school attendance at the time of a local government Evaluation and Appraisal Report, by providing a sixty (60) day written notice to other parties and to the Florida Department of Economic Opportunity. 15.5 Withdrawal. Withdrawal from the Agreement by any party shall not alter the terms of the Agreement with respect to the remaining signatories. SECTION 16 RESOLUTION OF DISPUTES 16.1 Dispute Resolution. If the parties to this Agreement are unable to resolve any issue in which they may be in disagreement covered in this Agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164, F.S. SECTION 17 EXECUTION IN COUNTERPARTS 17.1 Agreement Execution. This Agreement shall be executed in any number of counterparts, each of which so executed shall be deemed to be original, but all such counterparts shall, together, constitute but one in the same instrument. SECTION 18 SUCCESSION OF AGREEMENT 18.1 Succession of Agreement. This Agreement supersedes any previous agreement regarding public school facilities planning 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 27 of 37 156 ATTEST: CITY OF ALTAMONTE SPRINGS By: City Clerk Mayor Date: 2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Seminole County, Florida Page 28 of 37 157 ATTEST: CITY OF CASSELBERRY By: ,City Clerk Mayor Date: 2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Seminole County, Florida Page 29 of 37 158 ATTEST: CITY OF LAKE MARY By: City Clerk Mayor Date: 2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Seminole County, Florida Page 30 of 37 159 ATTEST: CITY OF LONGWOOD By: City Clerk Mayor Date: 2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Seminole County, Florida Page 31 of 37 160 ATTEST: CITY OF OVIEDO By: City Clerk Mayor Date: 2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Seminole County, Florida Page 32 of 37 161 ATTEST: CITY OF SANFORD By: City Clerk Mayor Date: 2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Seminole County, Florida Page 33 of 37 162 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 34 of 37 163 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 35 of 37 164 ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: Chairman Clerk to the Board of County Commissioners of Seminole Date: County, Florida 2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY Seminole County, Florida Page 36 of 37 165 APPENDIX A CONCURRENCY SERVICE AREAS (CSAs) CSA - ELEMENTARY SCHOOL E-0 Goldsboro Elementary (Districtwide Magnet) E-1 Geneva & Walker Elementary E-2 Lawton & Stenstrom Elementary E-3 Carillon & Partin Elementary E-4 Evans & Rainbow Elementary E-5 East Brook & Red Bug Elementary E-6 Casselberry & Sterling Park Elementary E-7 Keeth & Layer Elementary E-8 English Estates & Lake Orienta Elementary E-9 Highlands & Winter Springs Elementary E-10 Longwood & Woodlands Elementary E-11 Altamonte & Spring Lake Elementary E-12 Bear Lake & Forest City Elementary E-13 Sabal Point & Wekiva Elementary E-14 Heathrow & Lake Mary Elementary E-15 Crystal Lake & Wicklow Elementary (Region 2) E-16 Bentley, Idyllwilde, & Wilson Elementary (Region 1) E-17 Hamilton, Midway, & Pine Crest Elementary (Region 3) CSA-MIDDLE SCHOOL M-1 Chiles Middle School M-2 Jackson Heights Middle School M-3 Tuskawilla Middle School M-4 Indian Trails Middle School M-5 South Seminole Middle School M-6 Milwee Middle School M-7 Teague Middle School M-8 Rock Lake Middle School M-9 Greenwood Lakes Middle School M-10 Millennium Middle School M-11 Sanford Middle School M-12 Markham Woods Middle School CSA - HIGH SCHOOL H-0 Crooms Academy (Districtwide Magnet) H-1 Hagerty High School H-2 Oviedo High School H-3 Winter Springs High School H-4 Lake Howell High School H-5 Lyman High School H-6 Lake Brantley High School H-7 Lake Mary High School H-8 Seminole High School Page 37 of 37 166 0 O rte. r''>>9 E m w o �i0cma � eY F C C Pc W • m d a U G o W o r u - ac...EL � o `o c Ill Y o m v _ OI w 1 - d rc s aL�y`o O O.Nw Vi d � � � U • W C a � w 1 W _ U z w Z • O z w T 3 2E E y wE U o Z U Zml z ra ° a pnlB Pue Y..n i9 �,a U ° y, F 4 z i w =0 1 W U w v a p DI woo a o o a P K UOw_ Y • I,v JO 30 \ 10I �� w U \ Y Z w i - g rc r a O o w y O n S�O S 0 H V�R moo_ ol y O O w; z 0. 3 O J �Y y y y W w w \\ J _� 1 O Qa � m N) y N � rc �N fa.D a wi • � w ' Y yYj �j II I N w ,i Icy 9 I _ 3 � N 3 �� s'', PN uo:tlww41 N 5 t _ 5 Cs�cC`s r Q 4 PN sBuiitic y—N raw, 00 N A N N 7 O C L v � O E m Jz C E m w o ..a o m ° 0 oia `o o c N y Y 1 >m a c J c o�oad .E w dr Eao m � _ � • rc aL o.r o O O.Nw Vi d S � U 1 wo a w V w w U 1 j Z,, Z�s a LL z z w T w E U o Z U • N W f. 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N mo • N 0• 0) =o ��� • W V 04 wOm ^O otlF•�veolA • N P%f N _ I I � o • c O I <O C �O ® ^• co M r- ' M czi _ O raea O ��.,9 '•«ter; � o rpVVn O 'y • r N© N <O N O o 0 r • iN • co co. c co • s • O • .x,11.1,��^' LO • 175 co Z _ U RT r • z �00 (7) N D N Z c • • � W 4 `O Y a � M• w -RT n M1,fi�n� �Oyp • I � x rLO O (D N RT co RT RT n M w 0 •Oco r N C7 M G w CO O J w Z n,ctiQR Z ^ z� I w I w` Py bsO�r rtlS rirlR,- O 0 I '� U.E 0 I $& z o r I Pb sPoeM wQ4Yx'W M 00 coo -3 UC9 E7 i w� • LO xT • O W� coo i � U)� • • ° i 4-1 r 'y PH sewop Qyan N _ • a CO I M Ni m t • v Pa y,.d. � Pnttl q.,o z a > z .1 ? % LQ O O U O w `m o y w LL F —----------------------------------- M n n d y ¢ v ¢ O y RjjQM11IQ L • MJuo u�pQed Qv,4 1�1 O a {f E,O T c- y p • • E ..PS w0(7 ry • a U 0 - o d c A c 3,: a E P — - 3 - • Ew am u m u o e PM VA PH ydl&nV4 Q �� 176 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008 Seminole County, Florida THIS AGREEMENT is entered into with the Seminole County Board of County Commissioners (hereinafter referred to as the "County"), the Commission or Council of the Cities of Longwood, Altamonte Springs, Oviedo, Winter Springs, Lake Mary, Sanford, 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, Section 1013.33, F.S., requires that the location of public educational facilities must be consistent with the Comprehensive Plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h)1 and 2, F.S., require each local govemment 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 decis'tPRTIFIED COPY making on population projections and public school siting; and MARYANNE MORSE- CLERK OF CIRCUIT COURT SEMINOLE COUNTY. FLORID) Page I of 41 .0 8Y ✓�DEPUTY CLERK 177 WHEREAS, Sections 163.3177(7) and 1013.33, F.S., require the County, Cities and School Board to establish jointly the specific ways in which the plans and processes of the School Board and the local governments are to be coordinated; and WHEREAS, Sections 163.3177(7), 163.3180(13), and 1013.33, F.S., require the County, Cities and School Board to update their Public School Interlocal Agreement to establish school concurrency to satisfy Section 163.3180(12)(g)1, F.S.; and WHEREAS, the County and Cities are entering into this Agreement in reliance on the School Board's obligation to prepare, adopt and implement a financially feasible capital facilities program to achieve public schools operating at the adopted level of service consistent with the timing specified in the School Board's Capital Facilities Plan, and the School Board's further commitment to update the plan annually to add enough capacity to the Plan in each succeeding fifth year to address projected growth in order to maintain the adopted level of service and to demonstrate that the utilization of school capacity is maximized to the greatest extent possible pursuant to Section 163.3180(13)(c)2, F.S.; and WHEREAS, the School Board, is entering into this Agreement in reliance on the County and Cities' obligation to adopt amendments to their local comprehensive plans to impose School Concurrency as provided in Section 163.3180(13), F.S.; and NOW THEREFORE, be it mutually agreed among the School Board, the County and the Cities (hereinafter referred to collectively as the "Parties") that the following definitions and procedures will be followed in coordinating land use, public school facilities planning, and school concurrency. Page 2 of 41 178 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008 Seminole County, Florida Table of Contents SECTION 1 DEFINITIONS..............................................................................................5 SECTION 2 COMMITTEES AND DUTIES......................................................................9 2.1 Planning Technical Advisory Committee (PTAC)....................................................9 2.2 Public Schools Facilities Planning Committee (PSFPC).........................................9 SECTION 3 STUDENT ENROLLMENT AND POPULATION PROJECTIONS..........10 3.1 Population and Student Enrollment Projections Distributed Annually..................10 3.2 Student Projections................................................................................................10 3.3 PTAC Review ........................................................................................................10 SECTION 4 COORDINATING AND SHARING OF INFORMATION...........................10 4.1 School Board Educational Facilities Work Plan....................................................10 4.2 Educational Plant Survey.......................................................................................10 SECTION 5 SCHOOL SITE SELECTION, REMODELING, AND SCHOOL CLOSURES...............................................................................................10 5.1 New School Sites..................................................................:................................10 5.2 School site Plan Review ........................................................................................11 5.3 Remodeling and Closures .....................................................................................11 5.4 Joint Consideration of On-Site and Off-Site Improvements..................................11 SECTION 6 LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN AMENDMENTS, REZONIN GS, AND DEVELOPMENT APPROVALS...12 6.1 Appointed LPA Members.......................................................................................12 6.2 County and City Development Applications Shared with the School Board.........12 6.3 Criteria for Evaluating Residential Development Applications..............................12 6.4 Formulating City and County Plans and Programs...............................................12 SECTION 7 CO-LOCATION AND SHARED USE.......................................................13 7.1 Co-Location and Shared Use................................................................................13 7.2 Mutual Use Agreement..........................................................................................13 SECTION 8 SPECIFIC RESPONSIBILITIES OF THE PARTIES................................13 8.1 Specific Responsibilities of the County and Cities................................................13 8.2 Specific Responsibilities of the School Board....................................................:..14 SECTION 9 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN .............................15 9.1 School Board's Five-Year Capital Improvement Plan...........................................15 9.2 Educational Facilities Work Plan...........................................................................15 9.3 Transmittal .............................................................................................................15 9.4 Adoption .................................................................................................................15 9.5 Amendments to the School Board's Five-Year Capital Improvement Plan..........16 Page 3 of 41 179 2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008 Seminole County, Florida Table of Contents continued SECTION 10 COMPREHENSIVE PLAN ELEMENTS...................................................16 10.1 Required Comprehensive Plan Amendments.......................................................16 10.2 Development, Adoption, and Amendment of the Capital Improvements Element(CIE). .......................................................................................................17 10.3 Development, Adoption, and Amendment of the Public School Facilities Element (PSFE)....................................................................................................................17 SECTION 11 SCHOOL CONCURRENCY PROGRAM ..................................................18 11.1 Commencement of School Concurrency...............................................................18 11.2 Concurrency Service Areas (CSA)........................................................................18 11.3 Level of Service (LOS)...........................................................................................19 11.4 School Concurrency Regulations..........................................................................19 SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS.................................19 12.1 General Provisions.................................................................................................19 12.2 School Concurrency Application Review...............................................................20 12.3 Methodology...........................................................................................................21 12.4 Development Review Table...................................................................................22 12.5 Proportionate Share Mitigation ..............................................................................23 12.6 School Concurrency Approval...............................................................................25 12.7 Reserved Capacity.................................................................................................25 12.8 Appeal Process......................................................................................................26 SECTION13 OVERSIGHT..............................................................................................26 13.1 Oversight................................................................................................................26 SECTION 14 SPECIAL PROVISION..............................................................................26 14.1 School Board Requirements..................................................................................26 14.2 Land Use Authority................................................................................................27 SECTION 15 AMENDMENT PROCESS, NOTICE, AND TERM OF AGREEMENT.....27 15.1 Amendment of the Agreement...............................................................................27 15.2 Notice Requirements .............................................................................................27 15.3 Repeal of the Agreement.......................................................................................28 15.4 Termination of the Agreement...............................................................................28 15.5 Withdrawal .............................................................................................................28 SECTION 16 RESOLUTION OF DISPUTES..................................................................28 16.1 Dispute Resolution.................................................................................................28 SECTION 17 EXECUTION IN COUNTERPARTS..........................................................28 17.1 Agreement Execution.............................................................................................28 SECTION 18 SUCCESSION OF AGREEMENT.............................................................28 18.1 Succession of Agreement......................................................................................28 SECTION 19 EFFECTIVE DATE....................................................................................28 19.1 Effective Date.........................................................................................................28 Page 4 of 41 180 APPENDIX"A" Concurrency Service Area Maps (CSA)........................................38 Page S of 41 181 SECTION 1 DEFINITIONS Adjacent Concurrency Service Area: A concurrency service area which is contiguous and touches the boundary of another concurrency service area along one side. Attendance Zone: The geographic area which identifies the public school assignment for students. Building Permit:An approval by a local government authorizing residential construction on a specific property. Capital Outlay, Full Time Equivalent (COFTE) Projections: Florida Department of Education (FDOE) COHORT student enrollment projections for Florida public school districts, issued annually and based on information produced by the demographic, revenue, and education estimating conferences pursuant to s. 216.136 and s. 1013.64(3), as adjusted by the FDOE Office of Educational Facilities and SMART Schools Clearinghouse. The projections do not include students in hospital, homebound, summer school, evening school, etc. since these students do not require an additional student station. Cities: All municipalities in Seminole County, except those that are exempt from the requirements of school concurrency, pursuant to Section 163.3177(12), F.S. Charter School: Public schools of choice which operate under a performance contract, or a "charter," in accordance with Section 1002.33, F.S. Charter schools in the Seminole County Public School District are Countywide schools of choice. Comprehensive Plan: A plan that meets the requirements of Sections 163.3177 and 163.3178, F.S. Concurrency Service Area (CSA):A geographic unit promulgated by the School Board and adopted by local governments within which the level of service is measured when an application for residential development is reviewed for school concurrency purposes. Consistency: Compatible with and furthering the goals, objectives and policies of the County and Cities Comprehensive Plan Elements and this Agreement. Core Facilities: The media center, cafeteria, toilet facilities, circulation space and like areas that do not carry permanent Florida Inventory of School Houses (FISH)capacity in an educational facility. Developer: Any person, including a governmental agency, undertaking any construction. {Y; Development Approval: Site plan, final subdivision or functional equivalent, issued by a local government granting, or granting with conditions, a Development Application. Educational Facility: The buildings, equipment, structures, ancillary and special educational use areas that are built, installed or established to serve public school purposes. Educational Facilities Impact Fee: A fee designated to assist in the funding for acquisition and development of school facilities, owned and operated by the School Board, needed to serve new growth and development. Educational Plant Survey: A systematic study approved by the Florida Department of Education (FDOE) of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each Page 6of41 182 s student based on projected capital outlay FTE (COFTE) counts prepared and issued by the FDOE. Encumbered Capacity: School capacity for a proposed project that set aside for a limited amount of time while the proposed project is undergoing review by the local government. Exempt Local Government:A municipality which is not required to participate in school concurrency when meeting all the requirements for having no significant impact on school attendance, per Section 163.3177(12)(b), F.S. Financial Feasibility: An assurance that sufficient revenues are currently available or will be available from committed funding sources for the first 3 years, or will be available from committed or planned funding sources for years 4 and 5, of a 5year capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level-of-service standards are achieved and maintained within the period covered by the 5year schedule of capital improvements. The requirement that level-of-service standards be achieved and maintained shall not apply if the proportionate-share process set forth in Section 163.3180(12) and (16) is used [ref. 163.3164(32), F.S.]. Five-Year Capital Improvement Plan: The School Board's annually adopted financially feasible, five-year list of capital improvements which provide for student capacity to achieve and maintain the adopted level of service. Florida Inventory of School Houses (FISH): Data, inventory and numbering system used by the Florida Department of Education, Office of Educational Facilities for parcels of land, buildings and rooms in public educational facilities (hereinafter referred to as "FISH). Full-Time Equivalent(FTE) Student Count: Fall Semester:The fall semester count of all "full-time equivalent" students, pursuant to Chapter 1011.62, F.S. Level of Service Standard (LOS): A standard or condition established to measure utilization within a concurrency service area. Current Level of Service is determined by the sum of the FTE student count at the same type of schools within a concurrency service area, divided by the sum of the permanent FISH capacity of the same type of schools within a concurrency service area. Projected or future Level of Service is determined by the sum of the projected COFTE enrollments at the same type of schools within a concurrency service area, divided by the sum of the planned permanent FISH capacity of the same type of schools within a concurrency service area." Local Governments:Seminole County and its Cities. Maximum School Utilization: The balance of student enrollment system wide, to ensure the most efficient operation of each school within the adopted LOS standard, based on the number of permanent student stations according to the FISH inventory, taking into account the Florida Department of Education (FDOE) utilization factor, special considerations such as, core capacity, special programs, transportation costs, geographic impediments, and the requirements of Article IX, Section 1(a) of the Florida Constitution, to prevent disparate enrollment levels to the greatest extent possible. Modular Classroom: A room designated in FISH within a educational facility which contains student stations and where students receive instruction and which, the life Page 7 of 41 183 Y expectancy of the structure, also as designated in FISH is 35 - 49 years. Modular classrooms generally consist of pre-manufactured concrete and/or steel type structures owned by the School Board. Permanent School Capacity: The optimal number of students that can be housed for instruction at an educational facility as prescribed in SBE Rule 6A•2.0010, F.A.C. (SREF Section 6.1) in permanent and modular type classroom spaces designated in FISH. A Permanent capacity of an elementary school is equal to the sum of student stations assigned to permanent and modular classrooms at the school. B. Permanent capacity of a middle school is 90% of the sum of student stations assigned to permanent and modular classrooms at the school. C. Permanent capacity of secondary level [high] schools is less than the sum of student stations assigned to permanent and modular classrooms at the school. The amount less is prescribed in SBE Rule 6A-2.0010, F.A.C. (SREF Section 6.1). For high schools exceeding 1500 satisfactory student stations, the school capacity is 95% of the sum of student stations assigned to permanent and modular classrooms at the school. Permanent Classroom: A room designated in FISH within an educational facility which contains student stations and where students receive instruction and which, the life expectancy of the structure, also as designated in FISH, is 50 years or more. Permanent Student Station: A designated space contained within a permanent building or structure that can accommodate a student for an instructional program and is designated satisfactory in FISH data. The total number of permanent student stations at a educational facility is determined by the sum of individual permanent student stations at the facility. Permanent buildings or structure types are designated by the School Board and include permanently constructed buildings having a life expectancy of 50 years or more and modular buildings as identified in FISH, having a life expectancy exceeding 35 years or more. Planning Technical Advisory Committee (PTAC): PTAC was formally created and established by the Interlocal Planning Coordination Agreement of 1997. This committee is comprised of planning staff representatives from Seminole County, each of the seven municipal corporations within the County, and the Seminole County School Board. PTAC serves as an advisory committee and working group to enhance intergovernmental coordination of comprehensive plan programs and assists in ensuring consistency between these programs and issues of multi jurisdictional concern. Proportionate Share Mitigation: A developer improvement or contribution identified in a binding and enforceable agreement between the Developer, the School Board and the local government with jurisdiction over the approval of the development approval to provide compensation for the additional demand on educational facilities created through the residential development of the property, as set forth in Section 163.3180(13)(e), F.S. Proposed New Residential Development: Any application for new residential development or any amendment to a previously approved residential development, which results in an increase in the total number of housing units. Public Facilities: Civic capital assets including, but not limited to, transit, sanitary sewer, solid waste, potable water, public schools, parks, libraries and community buildings. Page 8 of 41 184 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 Seminole County, each of the seven municipal corporations within the County, and the Seminole County School Board. The PSFPC is responsible for the oversight of the school concurrency program established in this agreement, and hears recommendations from PTAC on school planning issues and may make recommendations to the School Board. Relocatable Classroom: A structure with a life expectancy less than 35 years, mobile trailer structures, or transportable wood frame structures. Reserved Capacity: School capacity that is assigned to a proposed project once it has received a Development approval for the project's Development Application. Residential Development: Any development that is comprised of dwelling units, in whole or in part, for permanent human habitation. School Board: The governing body established under Article IX, Section 4, of the Florida Constitution. School Capacity:See permanent school capacity. School Capacity Availability Letter of Determination (SCALD): A letter prepared by the School Board of Seminole County, identifying if school capacity is available to serve a residential project, and if capacity exists, recommending whether the proposed development should be approved or has been vested. School District: The School District of Seminole County is created pursuant to Article IX, Section 4, of the Florida Constitution. School Impact Analysis (SIA): A formal description of a residential project subject to school concurrency review provided by the developer for School Board review in accordance with Section 12.1 of this Agreement. Student Station: A satisfactory space contained within a building or structure as designated in FISH that can accommodate a student for an instructional program. Temporary Classroom: Also referred to as a relocatable classroom. A room designated in FISH within 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/relocatable classrooms shall not be considered for the purposes of determining concurrency or included in any capacity determination of any CSA. Educational Facilities Work Plan: The School Board's annual capital planning document that includes long-range planning for facilities needs over 5-year and 10-year periods. Tiered Level of Service: A level of service which is graduated over time, used to achieve an adequate and desirable level of service at the end of a specified period of time, as permitted by the Florida Statutes. Page 9 of 41 185