HomeMy WebLinkAbout2008 01 03 Informational 100 School Concurrency
PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 100
Consent
Informational
Public Hearin
Re ular
x
January 3, 2008
Meeting
REQUEST:
The Community Development Department - Planning Division wishes to inform the Local Planning
Agency (LP A) on the implementation of School Concurrency [Section 163.3177 (12)(i), Florida
Statutes]
PURPOSE:
To update the Board on the status of adoption of the Public Schools Facility Element (Ordinance
2007 -22) and implementation of School Concurrency by the 2007 InterLocal Agreement for Public
School Facility Planning and School Concurrency.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute s. 163.3177 (related to required comprehensive plan elements)
Florida Statute s.163.31777 (public schools interlocal agreement)
Florida Statute s. 163.3180 (concurrency)
Florida Statute s. 163.3164 (32) (definition of "financial feasibility")
Florida Adm. Code 9J-5.025 (related to public school facilities element for public school concurrency)
Florida Statute 163.3174 (4) (related to responsibilities of the Local Planning Agency regarding the comprehensive
plan)
Florida Statute s. 163.3184 Process for adoption of comprehensive plan or plan amendment.
Florida Statute s. 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprinl!s Charter Section 4.15 Ordinances in General.
Winter Sprinl!s Article III. Comprehensive Plan Amendments
Section 15-30. Authority. ouroose and intent:
Section 15-36. Review criteria:
Section 15-37. Local Planning Agencv Review and Recommendation:
CHRONOLOGY:
Aug. 1. 2007- Local Planning Agency reviewed the staff report and Public School Facilities
Element and made recommendation of Adoption of Ordinance 2007-22 to the
City Commission. Subsequent modifications of the text and additional language
January 3,2008
P&Z/LPA INFORMATIONAL AGENDA ITEM 100
required another LP A public hearing and recommendation prior to taking the
item forward to the City Commission.
Sept. 5.2007- Local Planning Agency made recommendation of Approval of Ordinance 2007-
22, a Large Scale Comprehensive Plan Text Amendment, establishing a Public
School Facilities Element and amending the Capital Improvements and the
Intergovernmental Coordination Elements consistent with Chapter 163, Florida
Statutes
Sept. 10. 2007- City Commission Adoption of the 2007 lnterLocal Agreement for Public School
Facility Planning and School Concurrency
Sept. 10. 2007- City Commission 1 st Reading and Transmittal Hearing for the Comprehensive
Plan Text Amendments related to school concurrency
Sept. 17. 2007- Transmittal to the Florida Dept of Community Affairs
Nov. 19.2007- ORC Report received from DCA with Objections
Dec. 12.2007- DCA's Notice ofIntent to Find 2007 lnterLocal Agreementfor Public School
Facility Planning and School Concurrency NOT in Compliance
Jan. 1. 2008- State Mandated Deadline for Submittal of Adopted Public Schools Element and
Updated Public Schools Interlocal Agreement [so 163.3177 (12)(i), F.S.] to DCA
Jan. 14.2008- City Commission Adoption of the 2007 lnterLocal Agreementfor Public School
Facility Planning and School Concurrency As Amended January 2008 which
responds to DCA's objections.
Jan. 14.2008- City Commission 2nd Reading and Adoption Hearing
CONSIDERATIONS:
Legislation enacted by the 2005 Florida legislature mandates a comprehensive focus on school
planning by requiring local governments and school boards to adopt a school concurrency system.
School concurrency ensures coordination between local governments and school boards in planning
and permitting developments that affect school capacity and utilization rates.
The State Mandated Deadline for Submittal of Adopted Public Schools Facilities Element and
Updated Public Schools Interlocal Agreement [so 163.3177 (12)(i), F.S.] to DCA was January 1,
2008.
However, the Department of Community Affairs determined that the 2007 lnterLocal Agreement for
Public School Facility Planning and School Concurrency (ILA) executed between the School Board,
Seminole County and the local municipalities within Seminole County and submitted to DCA in
September was NOT in Compliance with DCA's interpretation of the Florida Statutes and therefore
must be amended. DCA published their Notice ofIntent on December 12, 2007.
The ILA is the basis for Ordinance 2007-22 which establishes a new Public School Facilities
Element and amends the Capital Improvements and the Intergovernmental Coordination Elements
consistent with Chapter 163, Florida Statutes and 9-J5, Florida Administrative Code. (Ordinance
2007 -22) is the ILA. Therefore, adoption of Ordinance 2007-22, a Large Scale Comprehensive Plan
Text Amendment, was not able to proceed until the ILA could be amended.
As a response, the 2007 lnterLocal Agreement for Public School Facility Planning and School
Concurrency (lLA) is being amended to respond to objections from the Florida Department of
January 3,2008
P&Z/LPA INFORMATIONAL AGENDA ITEM 100
Community Affairs (DCA). The Amendment revises the date that the concurrency requirements are
to become effective (new date- January 1, 2008) and will go to the City Commission for adoption on
January 14, 2008, the next regular meeting of the City Commisison. Each party to the Agreement is
seeking approval from their respective legislative body for the amendment. Subsequently, the
amended Agreement will be forwarded to DCA for their review and determination of Compliance.
Also for consideration on January 14,2007 will be Second Reading and Adoption of Ordinance
2007-22, a Large Scale Comprehensive Plan Text Amendment, establishing a Public School
Facilities Element and amending the Capital Improvements and the Intergovernmental Coordination
Elements consistent with Chapter 163, Florida Statutes and 9-J5, Florida Administrative Code.
FINDINGS:
. The 2007 /nterLocal Agreement for Public School Facility Planning and School
Concurrency established public school Concurrency Service Areas (CSAs) to defme the
geographic boundaries of school concurrency [so 163.3180(13)(c), 163.3180(13)(g)(5), F.S.];
. Level-of-service standards were included in the Interlocal Agreement to establish maximum
permissible school utilization rates relative to capacity amendments. Level-of-service
standards are also included in the amendment to the Capital Improvements Element
[s.163.3180(13)(b), F.S.];
. The 2007 /nterLocal Agreement for Public School Facility Planning and School
Concurrency As Amended January 2007 establishes the mandatory date of January 1,2008,
as the effective date for implementation of school concurrency. This is the date required by
the State Land Planning Agency for the Seminole County School District in accordance with
Section 163.3177(12)(i), Florida Statutes;
. The ORC Report received on November 19,2007, objected to Ordinance 2007-22 Exhibit A-
Public School Facilities Element and Exhibit C- Capital Improvements Element
Amendments. Revisions have been made to respond to DCA's objections.
. The Public School Element includes a proportionate-share mitigation methodology [s.
163.3180(13)(a), 163.3180(13)(e), 163.3177(12), F.S. and Rule 9J5.025, F.A.C.];
. The proposed goals, objectives and policies of the new Public School Element are
compatible with those of the other local jurisdictions within Seminole County
[s.163.3177(13)(a), F.S.] and have been amended to respond to objections within the ORC
Report.
. Amendments to the Intergovernmental Coordination Element are included which include
coordinated procedures for implementing school concurrency [so 163.3177(6) (h)(l) and
163.3180(13), F.S.]; and
. Amendments to the Capital Improvements Element (establishing a public school capital
facilities program) are included which meet the requirement for being fmancially feasible [s.
163.3180(13)(d)1, F.S.] and which respond to objections within the ORC Report.
STAFF RECOMMENDATION:
None.
January 3, 2008
P&Z/LPA INFORMATIONAL AGENDA ITEM 100
ATTACHMENTS:
A. Notice ofIntent Regarding the ILA
B. ORC Report and City Response
LOCAL PLANNING AGENCY RECOMMENDATION:
.
ATTACHMENT A
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
December 12, 2007
THOMAS G. PELHAM
Secretary
. RECEIVED
DEe 1 4 2007
CHARLIE CRIST
Governor
The Honorable Carlton D. Henley
Chairman, Seminole County Board of County Commissioners
1101 East First Street
Sanford, Florida 32771
Dear Commissioner Henley:
The Department of Community Affairs ("Department") has completed its review of the
2007 Interlocal Agreement for Public School Facility Planning and School Concurrency for the
Seminole County School District ("Agreement") entered into between Seminole County, the
Cities ofLongwood, Altamonte Springs, Oviedo, Winter Springs, Lake Mary, Sanford and
Casselberry, and the Seminole County School Board, pursuant to Section 163.31777, Florida
Statutes. Section 163.3177(12)(i), Florida Statutes, requires the State Land Planning Agency to
establish a phased schedule for adoption ofthe public school facilities element and required
updates to the public schools interlocal agreement. In accordance with this statutory provision,
the Department established an adoption date of January 1, 2008 for the Seminole County School
District. Sections 11.1 and 11.4 of the Agreement state that the Seminole County Public School
Concurrency Program shall not commence until January 1, 2009. This is inconsistent with the
January 1,2008 deadline established for the Seminole County School District. Therefore, the
Department is issuing a Notice of Intent to find the Agreement inconsistent with the minimum
requirements of Sections 163.3177(12)(i), 163.31777(2) and 163.3180(13), Florida Statutes. The
Notice oflutent has been sent to the Florida Administrative Weekly for publication on December
21,2007.
The Department has received comments from the Department of Education staff
regarding the Agreement. A copy ofthese comments is attached for your review. Please note
that a copy of the executed Agreement and the Notice of Intent must be available for public
inspection Monday through Friday, except legal holidays, during normal business hours, at the
School Board of Seminole County, 400 East Lake Mary Boulevard, Sanford, Florida.
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: hllo:/lwww.dca.state.fl.us
CRITICAL. STATE CONCERN FIELD OFFICE
2796 OIIerseas Highway. Suile 212
Marathon. Fl 33050-2227
(305) 289.2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee. Fl32399-2100
(850) 488-2356
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boule'illrd
Tallahassee. FL 32399-2100
(850) 488.7956
The Honorable Carlton D. Henley
December 12, 2007
Page Two
Any affected person, as defined in Section 163.31777(3)(b), Florida Statutes, has a right
to petition for an administrative hearing to challenge the proposed agency detennination that the
Agreement is inconsistent with the minimum requirements of Sections 163.3177(12)(i),
163.31777(2) and 163.3180(13), Florida Statutes. If no petition is filed, this Notice of Intent will
become final agency action. If an affected person challenges this detennination, you will have
the option of requesting mediation under Section 120.573, Florida Statutes.
Mediation is not available as of right, and will not occur unless all parties agree to
participate in the mediation. If you choose to attempt to resolve this matter through mediation,
you must file the request for mediation with the administrative law judge assigned by the
Division of Administrative Hearings. Choosing mediation will not affect the right of any party
to an administrative hearing.
If you have any further questions, please contact Anoch P. Whitfield, Principal Planner,
at (850) 922-1793 or by emaiL toanoch.whitfield@dca.state.fl.us.
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Office of Comprehensive Planning
MMJapw
Enclosures: Florida of Department of Education Comments
Notice of Intent
cc: The Honorable Russell Hauck, Mayor, City of Attamonte Springs
The Honorable Bob Goff, Mayor, City of Casselberry
The Honorable Thomas C. Greene, Mayor, City of Lake Mary
The Honorable John C. Maingot, Mayor, City of Longwood
The Honorable Thomas G. Walters, Mayor, City of Oviedo
The Honorable Linda Kuhn, Mayor, City of Sanford
The Honorable John F. Bush, Mayor, City of Winter Springs
Tracy D. Suber; Educational Consultant-Growth Management Liaison, Florida
Department of Education
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FfND
PUBLIC SCHOOLS INTERLOCAL AGREEMENT
fNCONSISTE};T WITH SECTIONS 163.31777(2) and (3), FLORIDA ST A HITES
DCA DOCKET NO. 59-01
The Department gives notice of its intent to find the Public Schools Interlocal Agreement
("Agreement") entered into by Seminole County, AltanlOnte Springs, Casselberry, Lake Mary, Longwood,
Oviedo, Sanford, Winter Springs and Seminole County School Board, pursuant to Section 163)1777,
F.S., to be inconsistent with the minimum requirements of Sections 163.31777(2) and (3), F.S.
The Agreement is available for public inspection Monday through Friday, except for legal
holidays, during nonnal business hours, at Seminole County Planning and Development Department,
Planning Divisiog;1101East First Street; Sanford, Florida 32771-1468.
Any affected person, as defined in Section 163.3 I 777(3)(b), F.S., has a right to petition for an
administrative hearing to challenge the proposed agency determination that the Agreement is inconsistent
with the minimum requirements of Sections 163.31777(2) and (3), F.S. The petition must be filed within
twenty-one (21) days after publication of this notice in the Florida Administrative Weekly, and must
include all of the infonnation and contents described in Unifonn Rule 28-106.201, F.A.C. The petition
must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard,
Tallahassee, Florida 32399-2100, and a copy mailed or delivered to Seminole County, Altamonte Springs,
Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs and Seminole County School Board.
Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding
as a petitioner under Sections 120.569 and 120.57, F.S. Ifa petition is filed, the purpose of the
administrative hearing will be to present evidence and testimony and forward a recommended order to the
Department. If no petition is filed, this Notice of Intent shall become final agency action and will be
forwarded to the Administration Commission, which may impose sanctions pursuant to Section
163.31777(3)(c), F.S.
If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A
petition for intervention must be fiJed at least twenty (20) days before the final hearing and must include all
of the information and contents described in Unifonn Rule 28-106.205, F.A.C. A petition for leave to
intervene shall be filed at the Di\ision of Administrative Hearings, Department of Management Services,
1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene "ithin the
allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participate in the administrative hearing.
If a formal or informal proceeding is commenced as described above, any party to that proceeding
may suggest mediatiOn under Section 120.573, F.S. Mediation is not available as of right, and will not
occur unless all parties agree to participate in the mediation. Choosing mediation does not affect the right
to an administrative hearing.
'r1ldD~~eflL~
Office of Comprehensive Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
.
ATTACHMENT B
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
THOMAS G. PELHAM
Secretary
November 16, 2007
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The Honorable John F. Bush
Mayor, City of Winter Springs
City Hall
1126 East State Road 434
Winter Springs, Florida 32708
Dear Mayor Bush:
The Department of Community Affairs has completed its review of the proposed
Comprehensive Plan Amendment for the City of Winter Springs (DCA 07PEFE-l), which was
received on September 24,2007. The Department has reviewed the comprehensive plan
amendment for consistency with Rule 9J-5, Florida Administrative Code and Chapter 163, Part
II, Florida Statutes and the City of Winter Springs Comprehensive Plan, and prepared the
attached report, which outlines. our findings. .
It is particularly important that the City address the objections set forth in our review
report so that these issues can be successfully resolved prior to adoption of the amendment. We
have included a copy of state and regional agency comments for your consideration. Within the
next 60 days, the City should act by choosing to adopt, adopt with changes or not adopt the
proposed amendment. For your assistance, we have attached procedures for fmal adoption and
transmittal of the comprehensive plan amendment.
The City of Winter Springs' proposed Plan Amendment 07PEFE-l consists of Ordinance
2007-22, which includes three exhibits. Exhibit A reflects the City's new Public School
Facilities Element; Exhibit B reflects related text amendments to the Intergovernmental
Coordination Element, and Exhibit C reflects related text amendments to the Capital
Improvements Element. The Department is concerned that the proposed Public School Facilities
Element is inconsistent with Section 163.3 1 77(12)(i), Florida Statutes, and Rules 9J-5.025(3)(c)I
mo(c)8, Florida Administrative Code. Additionally, the proposed Public School Facilities
Element does not include appropriate maps for incorporation into the Plan consistent with Rules
9J-5.025(4)(a) and (b), Florida Administrative Code, and is not supported by appropriate data
consistent with Rule 9J-5.005(2), Florida Administrative Code, as it relates to the interlocal
agreement. The Department is further concerned that the proposed revisions in Exhibit C:
Capital hnprovements Element with regards to new Policy 1.1.4 is self-amending and is thus
inconsistent with Rule 9J-5.005(2)(g), Florida Administrative Code.
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.07811Suncom 291.0781
Internet address: htlo:/Iwww.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
27116 ev.- Hor-y. ~le 212
Maratt>cn. FL 33ll6O-2227
(305)289-2402
COMMUNITY PLANNING
2555 Shumlrd 08k 1louIewrd.
T8Ilah_. FL 323Il9-21oo
(850)488-2366
HOUSING & COMMUNITY DEVELOPMENT
2555 Shunwrd Oak Ilou/eYerd
TaI~. FL 3239&-2100
(850) 488-7956
The Honorable John F. Bush
November 16, 2007
Page Two
The Department has received a copy ofthe fully executed 2007 Interlocal Agreement and
has identified a major concern with regards to the implementation of school concurrency in
Seminole County. Section 11.1 of the executed 2007 Interlocal Agreement states that the
Seminole County School District's School Concurrency Program shall commence on January 1,
2009. This is inconsistent with the January 1,2008 deadline established for the Seminole
County School District in accordance with Section 163.3 1 77(12)(i), Florida Statutes. It should
be noted that the executed 2007 Interlocal Agreement is currently undergoing a consistency
review, and the Department will issue a Notice of Intent (NOI) to find the executed 2007
Interlocal Agreement Consistent or Not Consistent with the statutes before or no later than
December 20,2007. The City is advised that should the Department issue a NOI of
Inconsistency, the executed 2007 Interlocal Agreement will need to be revised to address tlie
inconsistency, re-executed by all appropriate parties and re-submitted to the Department for a
consistency review. The City is further advised that the data and analysis objection will stand
until such time that the executed 2007 Interlocal Agreement is found consistent with statutory
provisions. Because the executed 2007 Interlocal Agreement is currently undergoing, a
consistency review, the Department recommends that Seminole County, the Seminole County
School Board and the seven cities await the Department's consistency Notice oflntent before
finalizing any revisions to the interlocal agreement.
In addition to the objections, our report contains two comments related to internal
discrepancies in the support documents for'which the City should provide additional
clarification. I believe the concerns outlined in our report can be readily resolved. My staiTis
available to assist the City in responding to our report and to work towards a mutually acceptable
solution. If you or your stafThave any questions or comments, or if we may be of further
assistance to you as you formulate your response to this report, please contact Anoch P.
Whitfield, Principal Planner, at (850) 922-1793 or by email toanoch.whitfield@dca.state.fl.us.
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"''''.
Mike McDaniel, Chief
Office of Comprehensive Planning
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Enclosures: Review Agency Comments
Objections, Recommendations and Conunents Report
cc: Eloise Sahlstrom, Senior Planner, City of Winter Springs Planning Department
Phil Laurien, Executive Director, East Central Florida Regional Planning Council
City of Winter Springs
Comprehensive Plan Amendment 07PSFE-1
PUBLIC SCHOOL FACILITIES ELEMENT
I. CONSISTENCY WITH CHAPTER 163, PART II, FLORIDA STATUTES, AND
CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE
The City of Winter Springs' proposed plan amendment proposes adoption of Ordinance 2007-22,
which consists on three Exhibits A, B, C, to implement school concurrency (DCA#07PEFE-I).
The Department raises the following objections to Exhibits A and C of Ordinance 2007-22.
A. Ordinance 2007-22. Exhibit A - New Public School Facilities Element: The City of
Winter Springs proposes to adopt Exhibit A of Ordinance 2007-22 to create a new Public School
Facilities element for the implementation of school concurrency planning as required by Sections
163.3177(12) and 163.3180(13), Florida Statutes, and Rule 9J-5.025, Florida Administrative
Code.
1. Obiection: The proposed Public School Facilities Element amendment is inconsistent
with the following rule and statutory requirements:
a) Rule 9J-5.025(3)(c)1. Florida Administrative Code: The proposed PSFE does not
contain policies to establish guidelines and standards for modifications to the
concurrency service areas and policies providing that revisions to concurrency service
areas ensure maximum utilization of school capacity to the greatest extent possible,
taking into account transportation costs, court approved desegregation plans, as well as
other factors.
City Response: "Public School Facilities Element Policy IX-I. 5 CSA Boundary
Changes" addresses the process for modifYing concurrency service areas. In addition, a
new policy has been added, "Policy 1X- 4.7 Consideration of Acijacent Concurrency
Service Area" which provides that revisions to concurrency service areas ensure
maximum utilization of school capacity to the greatest extent possible, taking into
account transportation costs, court approved desegregation plans as well as other
factors.
b) Rule 9J-5.025(3)(c)8. Florida Administrative Code: The proposed PSFE does not
contain policies or provisions requiring the consideration of adjacent concurrency service
areas to address the demand for student stations resulting from a new development.
City Response: "Policy LJ{- 4.7 Consideration of Acijacent Concurrency Service
Areas." has been added to the Public School Facilities Element, which addresses
consideration of adjacent concurrency service areas to address the demand for student
stations resulting from a new development.
c) Rule 9J-5.025(4)(a) and (b). Florida Administrative Code: The proposed PSFE does
not contain an existing conditions map or a future conditions map depicting the location
of public school facilities by type, ancillary plants and anticipated facilities
improvements consistent with this Rule.
City Response: The proposed Public School Facilities Element has been revised to
include the following exhibits:
Exhibit IX-1: School Ancillary Plant Facilities in Seminole County;
Exhibit IX-2: Seminole County Elementary School Locations, June 2007;
Exhibit IX-3: Seminole Coun(v Middle School Locations, June 2007;
Exhibit LJ(-4: Seminole County High School Locations. June 2007;
Exhibit IX-5: Seminole County Elementary School Capital Improvements, July 2007;
Exhibit IX-6: Seminole County Middle School Capital Improvements, July 2007;
Exhibit IX-7: Seminole County High School Capital Improvements. July 2007;
No new Ancillary Plant Facilities are planned.
The Concurrency Service Areas are included in the Support Document.
d) Section 163.3177(]20m. Florida Statutes: Proposed Policy IX-4.3 would delay the
implementation of school concurrency until July 1, 2008, which is after the mandatory
January 1,2008 deadline established by the State Land Planning Agency and is therefore
inconsistent with Section 163.3177(12)(i), Florida Statutes.
City Response: The date of July 1, 2008 has been removed from Policy lX-4.3, so that
the proposed policy is no longer in conflict H,ith the mandatory January 1, 2008 deadline
for the implementation of school concurrency as established by the State Land Planning
Agency for the Seminole County School district in accordance with Section
163.3177 (12)(i), Florida Statutes.
[Authority: Rules 9J-5.005(2) and (5); 9J-5.025(3)(c)l, (c)7 and (c)8, Florida Administrative Code,
and Sections 163.3177(2) and (8); 163.3177(lOXe) and 163.3177(12Xi), Florida Statutes]
2. Obiection: The proposed PSFE is based upon a fully executed interlocal agreement that
is not consistent with Section 163.3177(12)(i), Florida Statutes. The interlocal agreement
states that the Seminole County Public School Concurrency Program will not commence until
January 1, 2009, which is inconsistent with the January 1, 2008 deadline established by the
State Land Planning Agency for the Seminole County School District pursuant to Section
163. 3177(12)(i), Florida Statutes. Therefore, the proposed PSFE is not supported by
appropriate data in accordance with Rule 9J-5.005(2), Florida Administrative Code.
[Authority: Rules 9J-5.005(2) and 9J-5.025, Florida Administrative Code, and Sections 163.3177(5)(a)
and (12Xc); 163.3177(12)(i); 163.31777(2) and 163.3180(13)(a), Florida Statutes]
City Response: The amended Interlocal Agreement is attached and has been revised to state
that public school concurrency in Seminole Coun(V shall commence on January 1, 2008. The
amended Interlocal Agreement is currently being processed by all parties and once executed.
will be resubmitted to DCA for consistency review.
B. Ordinance 2007-22. Exhibit C - Capital Improvements Element Text Amendment:
Winter Springs proposes to amend several policies, particularly Policies 1.1.4 and 1.2.1, of its
Capital Improvements Element to address capital projects and a level of service standard for
public schools. The City also proposes to adopt three new tables, Tables VIII-to, VIII-ll and
VIII -12 to reflect the Seminole County School District's remodeling and additions projects,
school capital improvements revenue sources, and planned new school facility construction.
1. Objection: The proposed new Policy 1.1.4 is self-amending because it does not clearly
indicate the title and author of the document and what provisions and edition (such as the date of
adoption) of the School Board Five Year Capital Improvements Plan is being adopted, and thus is
inconsistent with Rule 9J-5.005(2)(g), Florida Administrative Code.
[Authority: Rules 9J-5.005(2) and (5); 9J-5.005(2)(g) and 9J-5.025(3Xc)2, Florida Administrative Code,
and, Sections 163.3177(2) and (8); 163.3177(10Xe) and 163.3180(13Xd)l, Florida Statutes]
Citv Response: Policv 1.1.4 has been revised to indicate the title. author and date of adovtion of
the referenced School Board Five Year Capital Imvrovements Plan.
II. COMMENTS
The Department recommends that the City clarify why there are discrepancies in the projected
IO-year middle school planned utilization rates as compared to the School District's capacity and
COFTE enrollment projections or coordinate with the Seminole County School District to
reconcile such discrepancies. The Department would further recommend that the City revise
Table VIII-ll within the proposed Capital Improvements Element to accurately reflect the most
current School District 5- Year School Facilities Work Program.
City Response: Noted.
III. CONSISTENCY WITH STATE COMPREHENSIVE PLAN
1. Objection: The proposed City of Winter Springs 07PEFE-I plan amendment is not consistent
with and does not further the following goals and objectives of the State Comprehensive Plan
[Section 187.201, Florida Statutes):
Inconsistency with Growth Management Laws Objection:
(25) Plan Implementation: Goal (a) and Policies (b)7
City Response: This inconsistency has been addressed under Section I