HomeMy WebLinkAbout2007 08 13 Regular 601 2007 Interlocal Agreement for Public School Facility Planning and School Conucrrenency and Ordinance 2007-22
Date: August 13, 2007
Regular Agenda Item "601" was not
discussed/Voted on during the August 13, 2007
City Commission Regular Meeting.
CITY COMMISSION
August 13, 2007
Meeting
Regular X
ITEM 601
REQUEST: The Community Development Department - Planning Division along with the
Seminole County School Board wishes to brief the Commission on the draft 2007 InterLocal
Agreement for Public School Facility Planning and School Concurrency and 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.
PURPOSE: To brief the Commission on State mandated concurrency requirements related to
coordination between local governments and school boards in planning and permitting
developments that affect school capacity and utilization rates.
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 Sprine:s Charter Section 4.15 Ordinances in General.
Winter Sprine:s Article III. Comprehensive Plan Amendments
Section 15-30. Authority. purpose and intent;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
CHRONOLOGY:
Aug. L 2007- The Local Planning Agency reviewed the findings and made recommendation of
adoption to the City Commission regarding Ordinance 2007-22.
August 13,2007
Regular Item 60 I
Page 2 of 4
CONSIDERATIONS:
With the passage of Senate Bill 360, school facilities concurrency is no longer optional.
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.
As part of the legislative requirements, the local governments within Seminole County must
update the existing Interlocal Agreement for Public School Facility Planning, adopted in 2003
with the Seminole County District School Board and must jointly establish the specific ways in
which the plans and processes of the school board and the local governments are to be
coordinated as part ofthe supporting data for the Element. The draft 2007 InterLocal Agreement
for Public School Facility Planning and School Concurrency has been prepared consistent with
the requirements of subsection 163.31777, F.S., and will come before the City Commission for
Adoption on September 10, 2007.
Additionally, all Florida jurisdictions must adopt a Public School Facilities Element as part of
their Comprehensive Plan. Local governments must also add to the Capital Improvements
Elements that portion of the financially feasible School Board Capital Program that addresses
school capacity for the students within the jurisdiction, and text changes to other elements such
as the Intergovernmental Coordination Element, as may be needed. The Public School Facilities
Element must be consistent with the requirements of s.163.3l77(12), Florida Statutes. Each
municipality within Seminole County is required to adopt a Public School Facilities Element that
is consistent [s.163.3177(13)(a), F.S.] with those adopted by the other local governments within
the County. Seminole County School Board, Seminole County, and the planning staff members
from the seven (7) local governments participated in a coordinated effort to achieve these results.
The Adopted Public School Facilities Element and the corresponding [updated Public Schools]
Interlocal Agreement must be submitted to the Dept of Community Affairs by January 1, 2008.
Rule 9J-11.022, F.A.C., establishes the procedures for submitting public school interlocal
agreements and amended agreements.
Failure to adopt the Public School Facilities Element, to enter into an approved updated
interlocal agreement, or to amend the comprehensive plan as necessary to implement school
concurrency, will subject the local government to being prohibited from adopting comprehensive
plan amendments that increase residential density and subjects a school board to funding
withholding sanctions equivalent to the available funds for school construction.
This effort does not change the lines of responsibility for the provision of educational facilities.
The School District retains the responsibility for financing and constructing school facilities.
The Legislature has mandated this coordination of plans in much the same way that local
governments must now coordinate their plans with the Regional Water Supply Plans of the Water
Management Districts to improve overall coordination of efforts.
August 13,2007
Regular Item 60 I
Page 3 of4
FINDINGS:
. The existing Public School Interlocal Agreement has been updated and includes the
establishment of public school Concurrency Service Areas (CSAs) to define the
geographic boundaries of school concurrency [so l63.3l80(13)(c), l63.3l80(13)(g)(5),
F.S.] The Interlocal Agreement will come before the City Commission for Adoption on
September 10, 2007 [so 163.31777, F.S.];
. Level-of-service standards have been included in the updated 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.];
. Amendments to the Capital Improvements Element (establishing a public school capital
facilities program) will be included which meet the requirement for being financially
feasible [so 163.3180(13)(d)1, F.S.];
. A new 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
. Amendments to the Intergovernmental Coordination Element will be included which
include coordinated procedures for implementing school concurrency [so 163.3177(6)
(h)(1) and 163.3180(13), F.S.];
LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Local Planning Agency on August 1, 2007, the Agency recommended
approval ofthe Large Scale Comprehensive Plan Text Amendment establishing a Public School
Facilities Element, with a vote of 4-0.
STAFF RECOMMENDATION:
Staff recommends that the City Commission review the draft 2007 InterLocal Agreement for Public
School Facility Planning and School Concurrency and the proposed Public School Facilities
Element, consistent with Chapter 163, Florida Statutes and ask any questions they may have.
IMPLEMENTATION SCHEDULE:
Aug. 13,2007- City Commission briefing
Aug. 14, 2007- Board of County Commissioners briefing on the same
Aug. 28,2007- Board of County Commissioners Adoption of the 2007 InterLocal Agreementfor
Public School Facility Planning and School Concurrency and First Reading /
Transmittal Hearing for the Comprehensive Plan Text Amendments related to
school concurrency
Aug. 30,2007- Display Ad in the Orlando Sentinel Noticing City Commission Transmittal Hearing
Sept. 10, 2007 -City Commission Adoption of the 2007 InterLocal 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
August 13, 2007
Regular Item 60 I
Page 4 of 4
Sept. 17, 2007- Transmittal to the Florida Dept of Community Affairs
Nov. 25, 2007-Anticipated receipt of the ORC Report (60 days to respond)
Nov. 29, 2007-Public Noticing in Orlando Sentinel for Adoption Hearing
Dec. 10, 2007-City Commission 2nd Reading and Adoption Hearing
Jan. L 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
ATTACHMENTS:
A. Draft 2007 InterLocal Agreement for Public School Facility Planning and School
Concurrency
B. Draft Comprehensive Plan Public Schools Element
COMMISSION ACTION:
ATTACHMENT A
2007 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, Section 1013.33, F.S., requires that the location of public
educational facilities must be consistent with the Comprehensive Plan and implementing
land development regulations of the appropriate local governing body; and
WHEREAS, Sections 163.3177(6)(h)1 and 2, F.S., require each local
government to adopt an intergovernmental coordination element as 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
Page 1 of4040~010
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 40~O'10'1O
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Table of Contents
SECTION 1 DE FIN ITION S ............................................................................................ 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 PT AC 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
C LOSU RES............................................................................................. 10
5.1 New School Sites ................................................................................................ 11
5.2 School site Plan Review ...................................................................................... 11
5.3 Remodeling and Closures ................................................................................... 11
5.4 Joint Consideration of On-Site and Off-Site Improvements ................................ 11
SECTION 6 LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS.. 12
6.1 Appointed LPA Members .................................................................................... 12
6.2 County and City Development Applications Shared with the School Board........ 12
6.3 Criteria for Evaluating Residential Development Applications ............................ 12
6.4 Formulating City and County Plans and Programs ............................................. 12
SECTION 7 CO-LOCATION AND SHARED USE...................................................... 13
7.1 Co-Location and Shared Use .............................................................................. 13
7.2 Mutual Use Agreement........................................................................................13
SECTION 8 SPECIFIC RESPONSIBILITIES OF THE PARTIES ............................... 13
8.1 Specific Responsibilities of the County and Cities .............................................. 13
8.2 Specific Responsibilities of the School Board .....................................................14
SECTION 9 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN ............................15
9.1 School Board's Five-Year Capital Improvement Plan ......................................... 15
9.2 Educational Facilities Work Plan ......................................................................... 15
9.3 T ra nsm itta I. .. . .. .. .. .. . .. .. .. .. .. .. . . .. . . .. .. .. . .. .. .. .. .. .. .. . . .. . .. . .. . .. .. .. .. .. . .. . .. .. .. .. .. .. . .. .. .. . . .. .. .. ... 1 5
9.4 Adoption.............................................................................................................. 15
9.5 Amendments to the School Board's Five-Year Capital Improvement Plan .........16
Page 3 of 40'10'10'10
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
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 (C I E) .. .. .. . . .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . . .. .. .. . .. .. .. .. .. .. .. .. .. . . .. .. .. .. . .. .. .. .. .. .. .. .. .. .. ... 17
10.3 Development, Adoption, and Amendment of the Public School Facilities Element
(P SF E). .. .. .. .. .. .. .. . . .. .. .. .. . . .. . . .. . . . .. .. .. .. .. .. .. . . .. . .. . . .. .. .. .. .. .. .. .. .. . . . . .. . .. .. .. .. .. .. .. .. .. .. .. . .. .... 17
SECTION 11 SCHOOL CONCURRENCY PROGRAM ................................................17
11.1 Commencement of School Concurrency............................................................. 17
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 Encumbrance................................ .......................................................... ..... .......22
12.5 School Concurrency Approval............................................................................. 22
12.6 Development Review Table ................................................................................23
12.7 Proportionate Share Mitigation............................................................................ 23
12.8 Appeal Process.......................... .................................................... ...... ..... .......... 25
SECTION 13 OVERSIGHT ............. ...... ...... ................. .... ....................................... ......26
13. 1 Ove rs i g ht . .. .. .. .. .. .. .. .. .. .. . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. . . . .. .. .. . . .. . . .. .. .. . .. .. .. .. .. .. .. .. .. .. .. . . .. . .... 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 .................................................................................... 27
15.4 Termination of the Agreement............................................................................. 27
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
APPENDIX "A"
Concurrency Service Area Maps (CSA) ...................................... 38
Page 4 of 40101040
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 County_wide schools of choice~ and do not have a
specified capacity as defined in Rule 6A 2.0010 F.l\.C and FISH.
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~ aM circulation space . and
like areas that do not carry permanent FISH capacity in ef an educational facility.
Developer: Any person, including a governmental agency, undertaking any
construction.
Development Approval: Site plan, final subdivision or functional equivalent, issued by
a local government granting, or granting with conditions, a Development Application.
Educational Facility: The buildings, equipment, structures, ancillary and special
educational use areas that are built, installed or established to serve public school
purposes.
Educational Facilities Impact Fee: A fee designated to assist in the funding for
acquisition and development of school facilities, owned and operated by the School
Board, needed to serve new growth and development.
Educational Plant Survey: A systematic study approved by the Florida Department of
Education (FDOE) of present educational and ancillary plants and the determination of
future needs to provide an appropriate educational program and services for each
Page 5 of 404040'10
student based on projected capital outlay FTE (COFTE) counts prepared and issued by
the FDOE.
Encumbered Capacity: School capacity for a proposed project that is "reservedset
a&iQe" or "encumberedearmarked" 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 5-year 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 5-year schedule of capital
improvements. The requirement that level-of-service standards be achieved and
maintained shall not apply if the proportionate-share process set forth in Section
163.3180(12) and (16) is used [ref. 163.3164(32), F.S.].
Five-Year Capital Improvement Plan: The School Board's annually adopted financially
feasible, five-year list of capital improvements which provide for student capacity to
achieve and maintain the adopted level of service.
Florida Inventory of School Houses (FISH): Data, inventory and numbering system
used by the Florida Department of Education, Office of Educational Facilities for parcels
of land, buildings and rooms in public educational facilities (hereinafter referred to as
"FISH).
Full-Time Equivalent (FTE) Student Count: Fall Semester: The fall semester count of
all "full-time equivalent" students, pursuant to Chapter 1011.62, F.S.
Level of Service Standard (LOS): A standard or condition established to measure
utilization within a concurrency service area. Current Level of Service is determined by
the sum of the FTE student count at the same type of schools within a concurrency
service area, divided by the sum of the permanent FISH capacity of the same type of
schools within a concurrency service area. Projected or future Level of Service is
determined by the sum of the projected COFTE enrollments at the same type of schools
within a concurrency service area, divided by the sum of the planned permanent FISH
capacity of the same type of schools within a concurrency service area."
Local Governments: Seminole County and its Cities.
Maximum School Utilization: The balance of student enrollment 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 6 of 4010.10.10
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.
PT AC 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 7 of 40101010
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 PT AC 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. Reserved
Capacity is held for a period of one year from the date of the Development approval, or
the issuance of a building permit, whichever occurs first.
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.
Page 8 of 40404010
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.
Type of School: An educational facility providing the same grade level of education,
i.e.: elementary (grades PK-5), middle (grades 6-8), or high school (grades 9-12) or
special purpose school such as magnet school.
Utilization: The comparison of the total number of students enrolled to the total number
of permanent student stations as determined by FISH at a school facility.
SECTION 2 COMMITTEES AND DUTIES
2.1 Planning Technical Advisory Committee (PTAC). PTAC will meet, at a
minimum on a semi-annual basis, in July and January, to discuss issues and
formulate recommendations to the PSFPC regarding coordination of land use
and school facilities planning, including such issues as population and student
projections, development trends, school needs, co-location and joint use
opportunities, ancillary infrastructure improvements needed to support the
schools, School Board Five-Year Capital Improvement Plan and the Public
School Concurrency Program. Representatives from the Regional Planning
Council will also be invited to attend. A designee of the School Board shall be
responsible for coordinating and convening the semi-annual meeting.
2.2 Public Schools Facilities Planning Committee (PSFPC). The Parties hereby
establish a Public Schools Facilities Planning Committee for the purpose of
reviewing recommendations from PT AC 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 PT AC's recommendations,
the PSFPC will submit recommendations to the School Board. Additionally, the
PSFPC will be a standing committee to review the School Board Five-Year
Capital Improvement Plan in accordance with Sections 4.1 and 10 of this
Agreement, and serve as the required oversight committee for the Public School
Concurrency Program as detailed in Section 14 of this Agreement.
The PSFPC will meet annually in a joint School Board workshop upon receipt of
the draft School Board Educational Facilities Work Plan (Work Plan) from the
School Board to discuss the Work Plan, submitted to the Department of
Education. A representative of the Regional Planning Council will also be invited
to attend. The joint workshop will provide the opportunity for the County, the
Cities, and the School Board to hear reports, discuss policy, set direction, and
reach understandings concerning issues of mutual concern regarding
coordination of land use and school facilities planning, including population and
student growth, development trends, school needs, off-site improvements, joint
use opportunities, and school concurrency.
Page 9 of 40'1 01 01 0
SECTION 3 STUDENT ENROLLMENT AND POPULATION PROJECTIONS
3.1 Population and Student Enrollment Projections Distributed Annually.
In fulfillment of their respective planning duties, the County, Cities, and School
Board agree to coordinate and base their plans upon consistent projections of
the amount, type, and distribution of population growth and student enrollment.
At the annual July PT AC meeting described at Subsection 2.1, the County and
Cities shall provide updated five year population projections and the School
Board will supply the annually updated student enrollment projections.
3.2 Student Projections. The Parties agree to use student population projections
per Section 1013.31(1)(b)2, F.S. based on Capital Outlay Full Time Equivalent
(COFTE) cohort projections issued by FDOE in July of each year.
3.3 PTAC Review. PTAC will review quantity, type and school distribution of COFTE
student enrollment projections.
SECTION 4 COORDINATING AND SHARING OF INFORMATION
4.1 School Board Educational Facilities Work Plan. By August 1 st of each year,
the School Board shall submit to the County, each City and the Public Schools
Facilities Planning Committee (PSFPC) the School Board Educational Facilities
Work Plan prior to adoption by the Board.
A. The Plan will be 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 relocatables, general locations of new
schools for the 5- and 1 O-year time periods.
B. The Plan will also include the financially feasible School Board Capital
Improvement Plan for a 5-year period. The Cities and County shall review
the plan and provide written comments to the School Board annually prior
to September 1 st.
4.2 Educational Plant Survey. PTAC will assist the School Board in an advisory
capacity in the preparation and update of the Educational Plant Survey.
The Educational Plant Survey shall be consistent with the requirements of
Section 1013.33, F.S. Upon receipt of the Educational Plant Survey, PTAC will
have fifteen (15) calendar days to evaluate and make recommendations
regarding the location and need for new schools, significant renovation or
expansion, and closures of educational facilities, and the consistency of such
plans with the local government comprehensive plan and relevant issues listed in
Subsections 5.2, 5.3, 6.1,7.1, and 8.1 of this Agreement.
SECTION 5 SCHOOL SITE SELECTION, REMODELING, AND SCHOOL
CLOSURES
5.1 New School Sites. When the need for a new school is identified in the School
Board's Five-Year Capital Improvement Plan, PTAC will review a list of potential
sites in the area of need. Potential sites for new schools will be submitted to the
local government with jurisdiction for an assessment regarding consistency
with the local government Comprehensive Plan. This jurisdiction shall have
Page 10 of 40 4 O'1(H0
20 working days upon receipt of the request to respond with a consistency
determination. If the site is consistent with the local government comprehensive
plan and the School Board authorizes the acquisition of the property, the School
Board shall proceed through the appropriate site plan review process.
If a determination is made that a proposed school site is not consistent with the
Comprehensive Plan, the local government shall identify whether it will support
necessary amendments to the comprehensive plan to make the school site
consistent. The coordination process shall be in accordance with Chapter
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 otherwisemutually agreed to by the School Boardas :3 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 5 percent
increase or decrease in student capacity, or the closure of a school has been
identified in the School Board Five-Year Capital Improvement Plan, PTAC shall
notify the PSFPC and make recommendations on the impacts the renovation or
closure will have on the adopted level of service for schools.
5.4 Joint Consideration of On-Site and Off-Site Improvements. In conjunction
with the land use consistency determination described in Subsection 5.1 of this
Agreement, the School Board and the effected local government will jointly
determine the need for and timing of on-site and off-site improvements necessary
to support each new school or the proposed remodeling of an existing school.
The School Board and the effected local government will agree to the timing,
Page 11 of 404040.10
location, and the party or parties responsible for financing constructing, operating
and maintaining the required improvements.
SECTION 6 LOCAL PLANNING AGENCIES (LPA), COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS
6.1 Appointed LPA Members. The County and Cities will include School Board
representative on the local planning agencies, or equivalent agencies, to attend
those meetings at which the agendas consider comprehensive plan amendments
and rezonings that would, if approved, increase residential density on the
property that is the subject of the application. The Cities and County may at their
discretion grant voting status to the appointed School Board representative.
6.2 County and City Development Applications Shared with the School Board.
The County and the Cities shall give the District Superintendent notification of
land use applications and development proposals pending before them that may
effect student enrollment, enrollment projections, or school facilities in
accordance with Section 12 of this Agreement. Such notice will be provided
within 10 working days with receipt of the application. This notice requirement
applies to amendments to the comprehensive plan future land use map,
rezonings, developments of regional impact, and/or major residential or
mixed-use development projects.
6.3 Criteria for Evaluating Residential Development Applications. The County
and Cities will consider the following issues, in addition to the review process for
school concurrency described in Section 13, when reviewing Comprehensive
Plan amendments and rezonings for residential development proposals:
A. School Board comments on residential development proposals;
B. The provision of school sites and facilities within neighborhoods;
C. The compatibility of land uses adjacent to existing schools and reserved
school sites;
D. The co-location of parks, recreation and neighborhood facilities with
school sites;
E. The linkage of schools, parks, libraries and other public facilities with
bikeways, trails, and sidewalks for safe access;
6.4 Formulating City and County Plans and Programs. In formulating community
development plans and programs, the County and Cities will consider the
following issues:
A. Scheduling of capital improvements that are coordinated with and meet
the capital needs identified in the School Board's Five-Year Capital
Improvement Plan;
B. Providing incentives to the private sector to identify and implement
creative solutions to developing adequate school facilities in residential
developments;
C. Targeting community development improvements in older and distressed
neighborhoods near schools; and
D. Working to address and resolve multi-jurisdictional public school issues.
Page 12 of 404CHO'10
SECTION 7 CO-LOCATION AND SHARED USE
7.1 Co-Location and Shared Use. The co-location and shared use of facilities are
important to both the School Board and local governments. The School Board
will consider/entertainseek 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 (LOR) 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.
B. Withhold the approval of any site plan, final subdivision, or functional
equivalent for new residential units not exempted under Section 12.1 (C)
of this Agreement, until the School Board has reported that there is
school capacity available or a mitigation agreement has been reached.
C. Share information with the School Board regarding population projections,
projections of development and redevelopment for the coming year,
infrastructure required to support educational facilities, and amendments
to future land use plan elements consistent with the requirements of this
Agreement.
Page 13 of 4()40~()'10
- -
D. Maintain data for approved new residential development. The data shall
be provided to the School Board annually by October 15th, and include at
a minimum, the following:
1. Development name and location.
2. Total number of dwelling units by unit type as defined in the most
recently adopted public schools impact fee ordinance.
3. Impact fee calculation.
4. Total number of dwelling units with certificates of occupancy (CO)
by Development.
E. Transmit site plans, final subdivision or functional equivalency for
approved new residential development upon request by the School
Board.
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 financially feasible Five-Year Capital
Improvement Plan to meet the anticipated demand for student stations
identified by the COFTE projections so that no Concurrency Service Area
exceeds the adopted level of service.
B. Consider school attendance boundary adjustments as may be
appropriatenecessary to maximize the utilization of capacity in order to
ensure that all schools of each type (elementary, middle, high) in each
Concurrency Service Area and each individual school operate at the
adopted level of service, consistent with the requirements of this
Agreement and School Board Policy 5.30. Initiation of review and
amendment of attendance boundaries shall be at the sole discretion of
the School Board and shall be controlled by School Board Policy 5.30-.~
C. Construct capacity enhancing and remodeling projects necessary to
maintain the adopted level of service consistent with the Five-Year CIP.
D. Provide the County and Cities with the required data and analysis
updated annually to support the Comprehensive Plan elements and any
amendments relating to school concurrency.
E. Adopt a five- and ten-year CIP consistent with the requirements of this
Agreement.
F. Review proposed new residential developments for compliance with
concurrency standards, consistent with the requirements of this
Agreement.
G. Consider and approveReview proportionate share mitigation options for
new residential development as appropriateconsistent with the
requirements of this ,A.greement.
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.
Page 14 of 4(H01040
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.
D. Include school construction projects which, when completed, will add
sufficient permanent capacity to achieve and maintain the adopted LOS
standard for all schools based on the projected COFTE enrollment;
provide for required modernizations; and satisfy the School Board's
constitutional obligation to provide a uniform system of free public schools
on a county-wide basis.
E. Include a description of each school project, in the School Board's
Five-Year Capital Improvement Plan.
F. Maximize utilization of existing schools so that proposed projects add the
necessary permanent capacity to maintain the adopted Level of Service
standard.
G. The School Board's Five-Year Capital Improvement Plan and each
annual update shall identify the projected enrollment, capacity and
utilization percentage of all schools.
9.2 Educational Facilities Work Plan. In addition to the adopted School Board's
Five-Year Capital Improvement Plan, the School Board shall annually adopt a
five-year and ten-year work plan based upon revenue projections, COFTE
enrollment projections and facility needs for the five-year and ten-year period.
It is recognized that the projections in the five- and ten-year time frames are
tentative and should be used only for general planning purposes. Upon
completion, the Educational Facilities Work Plan will be transmitted to the local
governments.
9.3 Transmittal. The School Board shall transmit to the County, the local
governments and the PSFPC copies of the proposed Educational Facilities Work
Plan and the Five-Year CIP for review and comment. Transmittal to the PSFPC,
the Cities and the County shall occur on or before August 1 st of each year
commencing after the effective date of this Agreement.
9.4 Adoption. Unless the adoption is delayed by mediation or a lawful challenge,
the School Board shall adopt their Five-Year Capital Improvement Plan no later
Page 15 of 4010'1010
than September 30th, and it shall become effective no later than October 1 st of
each year.
9.5 Amendments to the School Board's Five-Year Capital Improvement Plan.
The School Board shall not amend the School Board's Five-Year Capital
Improvement Plan so as to modify, delay or delete any project in the first three
(3) years of the Plan unless the School Board, with the concurrence of a majority
vote by its Board members, provides written confirmation that:
A. The modification, delay or deletion of a project is required in order to meet
the School Board's constitutional obligation to provide a county-wide
uniform system of free public schools or other legal obligations imposed
by state or federal law; or
B. The modification, delay or deletion of a project is occasioned by
unanticipated change in enrollment projections or growth patterns or is
required in order to provide needed capacity in a location that has a
current greater need than the originally planned location and does not
cause the adopted LOS to be exceeded in the Concurrency Service Area
from which the originally planned project is modified, delayed or deleted;
or
C. The project schedule or scope has been modified to address local
government concerns, and the modification does not cause the adopted
LOS to be exceeded in the Concurrency Service Area from which the
originally planned project is modified, delayed or deleted; and
D. The PSFPC, as the required oversight committee for school concurrency
as detailed in Section 14 of this Agreement, has had the opportunity to
review the proposed amendment and has submitted its recommendation
to the Superintendent or designee.
E. The School Board may amend at anytime its Five-Year Capital
Improvement Plan to add necessary capacity projects to satisfy the
provisions of this Agreement. For additions to the Five-Year Capital
Improvement Plan, the School Board must demonstrate its ability to
maintain the financial feasibility of the Plan.
SECTION 10 COMPREHENSIVE PLAN ELEMENTS
10.1 Required Comprehensive Plan Amendments. The County and the
Cities agree to adopt the following Comprehensive Plan amendments no later
than January 1, 2008.
A. An amended Capital Improvement Element (CIE) that includes the portion
of the adopted School Board's Five-Year Capital Improvement Plan
dealing with capacity improvements. The amended information shall be
included in the next Comprehensive Plan amendment, but no later than
December 1st, following the annual adoption of the Five-Year Capital
Improvement Plan by the School Board. This will ensure that the CIE
uniformly sets forth a financially feasible public school capital facilities
program, consistent with the adopted Level of Service standards for
public schools.
Page 16 of 40401010
B. A Public School Facilities Element (PSFE) consistent with the
requirements of Sections 163.3177(12) and 163.3180, 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.
10.3 Development, Adoption, and Amendment of the Public School Facilities
Element (PSFE). The County and the Cities shall adopt a Public School
Facilities Element which is consistent with those adopted by the other local
governments within the County. The PSFE must also be consistent with this
Agreement, Chapter 163.3177(12), F.S., and Rule 9J-5.025, F.A.C. The County
and the Cities shall notify the PSFPC when this element is adopted and when the
element becomes effective.
A. In the event that it becomes necessary to amend the PSFE, the local
government wishing to initiate an amendment shall request review
through the PSFPC prior to transmitting the amendment to the
Department of Community Affairs pursuant to Section 163.3184, F .S.
The PSFPC shall be responsible for distributing the amendment to all
Parties to this Agreement for review and comment.
1. To achieve required consistency, all local governments shall adopt
the amendment in accordance with the statutory procedures for
amending comprehensive plans.
2. If any local government objects to the amendment and the dispute
cannot be resolved between or among the Parties, the dispute
shall be resolved in accordance with the provisions set forth in this
Agreement. In such a case, the Parties agree not to adopt the
amendment until the dispute has been resolved.
B. Any local issues not specifically required by Statute or Rule in the PSFE
may be included or modified in the Local Government PSFE by following
the normal Comprehensive Plan amendment process.
Page 17 of 4()<1 0'1 01 0
SECTION 11 SCHOOL CONCURRENCY PROGRAM
11.1 Commencement of School Concurrency. The School Concurrency Program
described in this Agreement shall commence on July 1, 2008.
11.2 Concurrency Service Areas (CSA). The Parties hereby agree that School
Concurrency shall be measured and applied using a geographic area known as a
Concurrency Service Area (CSA) which coincides with groupings of school
attendance zones within each school type based on adjacency, as established in
this Agreement. The mapping of the CSAs shall be included in the data and
analysis of the Public School Facilities Element and are provided in Appendix "A"
of this Agreement.
A. CSAs will be described geographically in the Comprehensive Plan
pursuant to Section 163.3180 (13)(g)(5), F.S. Maps of the CSA
boundaries will be included as support documents as defined in Rule
9J-5.003, FAC and may be updated from time to time by the School
Board.
B. The County and Cities shall adopt the standards for modification of the
Concurrency Service Area maps as defined here into the PSFE of the
Comprehensive Plan based upon School Board Policy 5.30, titled
"Student Assignment".
C. As future school attendance zone changes are required for schools
programmed in the Seminole School Board Five-Year Capital
Improvement Plan, the CSAs shall be modified to the greatest extent
possible to provide maximum utilization.
D. Any Party may propose a change to the CSA boundaries. Prior to
adopting any change, the School Board must verify that as a result of the
change:
1. The adopted level of service standards will be achieved and
maintained for each year of the five-year planning period; and
2. The utilization of school capacity will be maximized to the greatest
extent possible, taking into account transportation costs, and other
relevant factors.
E. The Parties shall observe the following process for modifying CSA maps:
1. Chanqes in school attendance boundaries shall be qoverned by
School Board Policy 5.30, s. 120.54 Florida Statutes, and
applicable uniform rules for administrative proceedinqs.
2. 1. At such time as the School Board
determines that a school(s) attendance boundary tho change is
appropriate considering the above standards, the School Board
shall transmit the reviseqproposed attendance zones or CSAs and
data and analysis to support the changes to the Cities, to the
County, and to the PSFPC.
3. 2. The County, Cities, and PSFPC shall review
the proposed amendment within the times prescribed by s.
120.54. Florida Statutesand send their comments to the School
Board '.vithin forty five (45) days of receipt.
Page 18 of 40401(HO
4. 3. The chanqe to a Concurrency Service Area
boundary shall conform to revised attendance boundaries and
become effective upon final adoption of any revision of school
attendance boundaries.
F. Charter schools and magnet schools will not have their own CSA. Charter
and magnet schools are open to all students residing within the district
and students are generally accepted through application approval. These
special public schools vary in size, and may target a specific type of
student and can limit the age groups or grade levels.
11.3 Level of Service (LOS) Standard. To ensure the capacity of schools is sufficient
to support student growth, the County, Cities and School Board shall adopt a
LOS standard for schools. The Parties hereby agree that the desired LOS
standard shall be 100% of the aggregate permanent FISH capacity for each
school type within each CSA.
To financially achieve the desired LOS standard at the high school level, a tiered
LOS standard is established as follows:
2008-2012 Beginning 2013
Elementary and Middle 100% of Permanent FISH 100% of Permanent FISH
School CSA Capacity Capacity
High School CSA 110% of Permanent FISH 100% of Permanent FISH
Capac~ Capac~
11.4 School Concurrency Regulations. Within 18 months of the effective date of
this Agreement, each Local Government shall adopt school concurrency
provisions into its land development regulations (LDRs) consistent with the
requirements of this Agreement.
A. The County and the Cities shall amend their LDRs to adopt school
concurrency provisions for the review of development approvals.
1. In the event that any participating City does not adopt LDRs within
18 months, that government shall be deemed to have "opted in" to
the County regulations and agrees to be bound by the terms and
provisions therein until it adopts its own ordinance.
2. At any time, any Local Government may opt out of 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
Page 19 of 40101010
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. All residential lots of record at the time the School Concurrency
implementing ordinance becomes effective.
2. Any new residential development that has a site plan approval,
final subdivision or the functional equivalent for a site specific
development approval prior to the commencement date of the
School Concurrency Program.
3. Any amendment to any previously approved residential
development, which does not increase the number of dwelling
units or change the type of dwelling units (single-family,
multi-family, etc.).
4. Any age restricted community with no permanent residents under
the age of eighteen (18). An age restricted community shall be
subject to a restrictive covenant on all residential units limiting the
age of permanent residents to 18 years and older.
D. Upon request by a developer submitting a land development application
with a residential component, the School Board shall issue a
determination as to whether or not a development, lot or unit is exempt
from the requirements of school concurrency and submit a copy of the
determination to the local government within 10 days.
12.2 School Concurrency Application Review
A. Any developer submitting a development permit application (such as site
plan or final subdivision) with a residential component that is not exempt
under Section 12.1 (C) of this Agreement is subject to school concurrency
and shall prepare and submit a School Impact Analysis (SIA) to the
School Board for review.
B. The SIA shall indicate the location of the development, the number of
dwelling units by unit type (single-family detached, single family attached,
multi-family, apartments), a phasing schedule (if applicable), and age
restrictions for occupancy (if any). The School Board concurrency test
shall follow the following steps:
1. Test Submittal. The developer shall submit a SIA to the School
Board with a copy to the local government with jurisdiction over
the proposed development. The completed SIA must be
submitted a minimum of five working days but not more than
30 days prior to Development Application submittal to the local
government. The School Board shall perform a sufficiency review
on the SIA application. An incomplete SIA application will be
Page 20 of 40404040
returned to the Owner/Developer without processing. The School
Board will have 20 working days to determine sufficiency and
complete the Test Review. The School Board may charge the
applicant a non-refundable application fee payable to the School
Board to meet the cost of review in accordance with Florida
Statutes.
2. Test Review. Each SIA application will be reviewed in the order in
which it is received by the School Board.
3. Passing the Test. If the available capacity of public schools for
each type within the CSA [or contiguous CSAs as provided for in
12.3(C) below] containing the proposed project is equal to or
greater than the proposed project's needed capacity, the
concurrency test is passed. The School Board will issue a School
Capacity Availability Letter of Determination (SCALD) identifying
the school capacity available to serve the proposed project and
that said capacity has been encumbered for the proposed project
for a period of one year. A capacity reservation fee will be
established during the regulatory phase of this process.
4. Failing the Test. If the available capacity of public schools for
any type within the CSA (or contiguous CSAs as provided for
in 12.3(C) below) containing the proposed project is less than the
proposed project's needed capacity, the concurrency test is
failed. The School Board will issue a School Capacity Availability
Letter of Determination (SCALD) and inform the developer.
If capacity is not available the School Board will advise the
developer of the following options:
a. Accept a 30 day encumbrance of available school
capacity, and within the same 30 day period, amend the
Development Application to balance it with the available
capacity; or
b. Accept a 60 day encumbrance of available school
capacity, and within the same 60 day period, negotiate
with the School Board and the local government on a
Proportionate Share Mitigation plan as outlined in Section
12.7 below; or
c. Appeal the results of the failed test pursuant to the
provisions in Section 12.8 below; or
d. Withdraw the SIA application.
5. Test Abandonment. If no option under Section 12.2(B)(4) above
is exercised by the developer within 45 days, then the application
shall 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
Page 21 of 40101040
within the specific CSA using the adopted Student Generation Multiplier,
as established in the most current adopted Seminole County BCC Public
School Impact Fee Ordinance.
B. New school capacity within a CSA which is in place or under actual
construction in the first three years of the School Board's Capital
Improvement Plan will be added to the capacity shown in the CSA, and is
counted as available capacity for the residential development under
review.
C. If the projected student growth from a residential development causes the
adopted LOS to be exceeded in the CSA, an adjacent CSA which is
contiguous with and touches the boundary of, the concurrency service
area within which the proposed development is located shall be evaluated
for available capacity. An adjacency evaluation review shall be
conducted as follows:
1. In conducting the adjacency review, the School Board shall first
use the adjacent CSA with the most available capacity to evaluate
projected enrollment impact and, if necessary, shall continue to
the next adjacent CSA with the next most available capacity.
2. Consistent with Rule 6A-3.0171, F.A.C., at no time shall the shift
of impact to an adjacent CSA result in a total morning or afternoon
transportation time of either elementary or secondary students to
exceed fifty (50) minutes or one (1) hour, respectively. The
transportation time shall be determined by the School Board
transportation routing system and measured from the school the
impact is to be assigned, to the center of the subject parcel/plat in
the amendment application, along the most direct improved pubic
roadway free from major hazards.
12.4 Encumbered Capacity. School capacity will be encumbered when there is a
final disposition of the Development Application by the local government. If the
local government approves the Development Application by means of a
Development approval, or its equivalent, the School Board shall move the school
capacity from encumbered status to reserved status for the proposed project.
This reserved capacity is held for a period of one year from the date of the
Development approval, or the issuance of a building permit, whichever occurs
first. If the building permit once issued expires under the development
regulations of the local government, the project will lose its reserved capacity.
When the local government issues a Development approval for a residential
project it shall notify the School Board within 10 working days.
12.5 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 will not be reserved until the local government
issues development approval.
A. A local government shall not issue a Development approval for a
residential development until receiving confirmation of available school
capacity in the form of a SCALD from the School Board. The
Development approval shall include a reference to the findings of the
Page 22 of 4(HO'HHO
SCALD indicating that the project meets school concurrency. Once the
local government has issued a Development approval, school
concurrency for the residential development shall be valid for one year
from the date of issuance of the Development approval. Expiration,
extension or modification of a Development approval for a residential
development shall require a new review for adequate school capacity to
be performed by the School Board.
B. Local governments shall notify the School Board within ten (10) working
days of any official change in the validity (status) of a Development
approval for a residential development.
C. The Local Government shall not issue a building permit or its functional
equivalent for a non-exempt residential development until receiving
confirmation of available school capacity from the School Board in the
form of a SCALD. Once the local government has issued a final
development approval, school concurrency for the residential
development shall be valid for the life of the final development approval.
12.6 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 Capacity1 - (Enrollment2 + Approved3)
Where:
1School Capacity = Permanent School Capacity as programmed in the
first three (3) years of the School Board's Five-Year CIP.
2Enrollment = Student enrollment as counted at the Fall FTE.
3Approved = Students generated from approved residential developments
after the implementation of school concurrency.
B. Using the Fall FTE, the vested number of students on the DRT will be
reduced by the number of students represented by the residential units
that received certificates of occupancy within the previous twelve (12)
month period.
12.7 Proportionate Share Mitigation. In the event there is not available school
capacity to support a development, the School Board shall entertain
proportionate share mitigation options and, if accepted, shall enter into an
enforceable and binding agreement with the developer to mitigate the impact
from the development through the creation of additional school capacity.
A. When the anticipated student impacts from a proposed development
cause the adopted LOS to be exceeded, the developer's proportionate
share will be based on the number of additional student stations
necessary to achieve the established LOS. The amount to be paid will be
Page 23 of 40404()<10
calculated by the cost per student station for elementary, middle and high
school as determined and published by the State of Florida.
B. The methodology used to calculate a developer's proportionate share
mitigation shall be as follows:
Proportionate Share = CDevelopment students - Available Capacity)
x 2Total Cost per student station
Where:
1Development students = those students from the development that are
assigned to a CSA and have triggered a deficiency of the available
capacity.
2Total Cost = the cost per student station as determined and published by
the State of Florida.
C. The applicant shall be allowed to enter a 90 day negotiation period with
the School Board in an effort to mitigate the impact from the development
through the creation of additional capacity. Upon identification and
acceptance of a mitigation option deemed financially feasible by the
School Board, the developer shall enter into a binding and enforceable
development agreement with the School Board.
1. A mitigation contribution provided by a developer to offset the
impact of a residential development must be directed by the
School Board toward a school capacity project identified in the
School Board's Five-Year Capital Improvement Plan. Capacity
enhancing projects identified within the first three (3) years of the
Five-Year Capital Improvement Plan shall be considered as
committed in accordance with Section 9.5 of this Agreement.
2. If capacity projects are planned in years four (4) or five (5) of the
School Board's Five-Year Capital Improvement Plan within
the same CSA as the proposed residential development, the
developer may pay his proportionate share to mitigate
the proposed development in accordance with the formula
provided in Section 12.7(B) of this Agreement.
3. If a capacity project does not exist in the Capital Improvement
Plan, the School Board will add a capacity project to satisfy
the impacts from a proposed residential development, if it
is funded through the developer's proportionate share mitigation
contributions. Mitigation options may include, but are not
limited to:
a. Contribution of land or payment for land acquisition
suitable for and in conjunction with, the provision of
additional school capacity; or
b. Mitigation banking based on the construction of a
educational facility in exchange for the right to sell capacity
credits; or
c. Provide modular or permanent student stations acceptable
for use as an educational facilities; or
Page 24 of 401 01 0'1 0
d. Provide additional student stations through the remodeling
of existing buildings acceptable for use as an educational
facility; or
e. Construction or expansion of permanent student stations
at the impacted school within the CSA; or
f. Construction of a educational facility in advance of the time
set forth in the School Board's Five-Year Capital
Improvement Plan.
D. For mitigation measures (a) thru (f) above, the estimated cost to construct
the mitigating capacity will reflect the estimated future construction costs
at the time of the anticipated construction. Improvements contributed by
the developer shall receive school impact fee credit.
E. Developer shall receive an impact fee credit for the proportionate share
mitigation. Credits will be given for that portion of the impact fees that
would have been used to fund the improvements on which the
proportionate fair share contribution was calculated. The portion of
impact fees available for the credit will be based on the historic
distribution of impact fee funds to the school type (elementary, middle,
high) in the appropriate CSA. Impact fee credits shall be calculated at the
same time as the applicant's proportionate share obligation is calculated.
Any school impact fee credit based on proportionate fair share
contributions for a proposed development cannot be transferred to any
other parcel or parcels of real property within the CSA.
F. A proportionate share mitigation contribution shall not be subsequently
amended or refunded after final site plan or plat approval to reflect a
reduction in planned or constructed residential density.
G. Impact fees shall be credited against the proportionate share mitigation
total.
H. Any proportionate share mitigation must be directed by the School Board
toward a school capacity improvement identified in the School Board's
Five-Year Capital Improvement Plan.
I. Upon conclusion of the negotiation period, a second Determination Letter
shall be issued. If mitigation is agreed to, the School Board shall issue a
new Determination Letter approving the development subject to those
mitigation measures agreed to by the local government, developer and
the School Board. Prior to, site plan approval, final subdivision approval
or the functional equivalent, the mitigation measures shall be
memorialized in an enforceable and binding agreement with the local
government, the School Board and the Developer that specifically details
mitigation provisions to be paid for by the developer and the relevant
terms and conditions. If mitigation is not agreed to, the Determination
Letter shall detail why any mitigation proposals were rejected and why the
development is not in compliance with school concurrency requirements.
A SCALD indicating either that adequate capacity is available, or that
there is not a negotiated proportionate share mitigation settlement
following the ninety (90) day negotiation period as described in Section
Page 25 of 40404(HO
12.7(C) of this Agreement, constitutes final agency action by the School
Board for purposes of Chapter 120, F.S.
12.8 Appeal Process. A person substantially affected by a School Board's adequate
capacity determination made as a part of the School Concurrency Process may
appeal such determination through the process provided in Chapter 120, F.S.
SECTION 13 OVERSIGHT
13.1 Oversight. The PSFPC will serve as the required oversight committee for school
concurrency to monitor and evaluate the school concurrency program.
The committee shall appoint a chairperson, meet at a minimum, semi-annually in
mid-September and mid-March in accordance with the laws of Florida governing
public meetings, and report to participating local governments, the School Board
and the general public on the effectiveness with which this Agreement is being
implemented. A representative of the School Board shall be responsible for
coordinating the semiannual meeting.
A. The monitoring and evaluation of the school concurrency process is
required pursuant to Section 163.3180(13)(g)(6)(c), F.S., and Section 2 of
this Agreement. The PSFPC shall be responsible for preparing an annual
assessment report on the effectiveness of the School Concurrency
System. The report will be made available to the public and presented at
the PSFPC March meeting.
B. The PSFPC members shall be invited to attend all meetings referenced in
Section 2 and shall receive copies of all reports and documents produced
pursuant to this Agreement.
The PSFPC shall evaluate the effectiveness of the CSAs for measuring
the LOS and consider making recommendations to amend the CSA Map.
C. By August 1 st of each year, the PSFPC shall receive the proposed
School Board's District Educational Facilities Work Plan and the
Five-Year Capital Improvement Plan. The PSFPC will report to the School
Board, the County, and the Cities on whether or not the proposed
Five-Year Capital Improvement Plan maintains the adopted Level of
Service in each CSA by adding enough projects to increase the capacity.
The PSFPC will examine the need to eliminate any permanent student
station shortfalls by including required modernization of existing facilities,
and by providing permanent student stations for the projected growth in
enrollment over each of the five (5) years covered by the plan.
SECTION 14 SPECIAL PROVISIONS
14.1 School Board Requirements. The Parties acknowledge and agree that the
School Board is or may be subject to the requirements of the Florida and United
States Constitutions and other state or federal statutes regarding the operation of
the public school system and the rules by the State Board of Education or
Commissioner of Education.
Accordingly, the County, the Cities and the School Board agree that this
Agreement is not intended, and will not be construed, to interfere with, hinder, or
Page 26 of 4010'HHO
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 all parties to this Agreement. The Agreement will remain in effect until
amended in accordance with Florida Statutes.
15.2 Notice Requirements. Any notices provided pursuant to this Agreement shall
be sent to the following addresses:
City Manager
City of Altamonte Springs
225 Newburyport Avenue
Altamonte Springs, Florida 32701
City Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
City Manager
City of Casselberry
95 Triplet Lake Drive
Casselberry, Florida 32707
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
City Manager
City of Lake Mary
100 North Country Club Road
Lake Mary, Florida 32746
County Manager
Seminole County Government
1101 East First Street
Sanford, Florida 32771
City Manager
City of Longwood
175 West Warren Avenue
Longwood, Florida 32750
School Board Superintendent
Seminole County School Board
400 East Lake Mary Boulevard
Sanford, Florida 32773
City Manager
City of Oviedo
400 Alexandria Boulevard
Oviedo, Florida 32765
Page 27 of 40101040
15.3 Repeal of the Agreement. If the Florida Statute as it pertains to school planning
coordination and school concurrency is repealed, the Agreement may be
terminated by written consent of all parties of this Agreement.
15.4 Termination of the Agreement. No party to this Agreement may terminate its
participation in the agreement except through the exemption process in which a
municipality may not be required to participate in school concurrency when
demonstrating that all the requirements are no longer having a significant impact
on school attendance, per Section 163.3177(12)(b), F.S., at the time of a local
government Evaluation and Appraisal Report, by providing a sixty (60) day
written notice to at other parties and to the Florida Department of Community
Affairs.
15.5 Withdrawal. Withdrawal from the Agreement by any party shall not alter the
terms of the Agreement with respect to the remaining signatories.
SECTION 16 RESOLUTION OF DISPUTES
16.1 Dispute Resolution. If the parties to this Agreement are unable to resolve any
issue in which they may be in disagreement covered in this Agreement, such
dispute will be resolved in accordance with governmental conflict resolution
procedures specified in Chapter 164, F.S.
SECTION 17 EXECUTION IN COUNTERPARTS
17.1 Agreement Execution. This Agreement shall be executed in any number of
counterparts, each of which so executed shall be deemed to be original, but all
such counterparts shall, together, constitute but one in the same instrument.
SECTION 18 SUCCESSION OF AGREEMENT
18.1 Succession of Agreement. This Agreement supersedes any previous
agreements regarding public school facilities planning upon the effective date of
this agreement.
Page 28 of 40.10.1040
ATTEST:
CITY OF AL TAMONTE SPRINGS
PATSY WAINWRIGHT, City Clerk
By:
RUSSEL HAUCK, Mayor
Date:
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Page 29 of 4010,1010
ATTEST:
CITY OF CASSELBERRY
By:
BOB GOFF, Mayor
THELMA MCPHERSON, City Clerk
Date:
20071NTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Page 30 of 40401010
ATTEST:
CITY OF LAKE MARY
CAROL FOSTER, City Clerk
By:
THOMAS C. GREENE, Mayor
Date:
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Page 31 of 4010'10'10
ATTEST:
CITY OF LONGWOOD
SARAH M. MIRUS, City Clerk
By:
JOHN C. MAINGOT, Mayor
Date:
20071NTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Page 32 of 40'W40'1O
ATTEST:
CITY OF OVIEDO
BARBARA BARBOUR, City Clerk
By:
THOMAS G. WALTERS, Mayor
Date:
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Page 33 of 40'10'1040
ATTEST:
CITY OF SANFORD
JANET R. DOUGHERTY, City Clerk
By:
LINDA KUHN, Mayor
Date:
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Page 34 of 40401 0'1 0
ATTEST:
CITY OF WINTER SPRINGS
ANDREA LORENZO-LUACES
City Clerk
By:
JOHN F. BUSH, Mayor
Date:
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Page 35 of 401(H010
Attest:
SEMINOLE COUNTY SCHOOL BOARD
DR. BILL VOGEL, Superintendent
By:
BARRY GAINER, Chairman
Date:
20071NTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Page 36 of 4040'1040
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARYANNE MORSE
Clerk to the Board of County
Commissioners of Seminole
County, Florida.
By:
CARLTON HENLEY, Chairman
Date:
As authorized for execution by the Board of
County Commissioners at their
200_ regular meeting.
20071NTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida
Page 37 of 404040'10
APPENDIX "A"
Concurrency Service Area Maps (CSA)
"
\\AI;\}
'<07
Elementary School Concurrency Service Areas in Seminole County
Map Semenls
~' B@'TlML\r/SchoolLDcatioos
Wa,Ot Roads
D 7,000 14. roc
28,000
42,000
~.ODO
l=e-et
- -
Page 38 of 4(HO.HHO
APPENDIX "A" Cont.
Concurrency Service Area Maps (CSA)
"
,-,"[,
,'8v\ I
'~19
Middle School Concurrency Service Areas in Seminole County
Map Elements
: IMCft Se.~ LeGXlOOfi
'1a,.:U ROJJS
Middle Sehool CSA.
CSA HUM BER
do...,
B:
D....
D lME JESUO
a 7,000 t4.00C
26 . 00.3
42.00.3
ee.OC"J
FEet
- -
Page 39 of 40401040
APPENDIX "A" Cont.
Concurrency Service Area Maps (CSA)
x
High School Concurrency Service Areas in Seminole County
'~f',
wu,/\,
\1.-'7 '
Map Elements
.; Hig, Sehcol ~
~M.j",Ro..;,
High School CSAs
CSA_NUMBER
DH-I
DH-2
DH-.
DH4
D lAKE JESJP
o 7,ooJ 14,000
- -
Zd,CCO
42,000
53,ooJ
F~et
Page 40 of 40404040
ATTACHMENT B
City of Winter Springs
Comprehensive Plan
PUBLIC SCHOOL FACiliTIES ELEMENT
August 2007
(Ord. 2007-22; 12-10-2007)
Prepared in Conjunction
with the Local Jurisdictions of Seminole County By:
City of Winter Springs
Community Development Department- Planning Division
1126 East State Road 434
Winter Springs, Florida 32708-2799
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
CHAPTER IX
PUBLIC SCHOOL FACILITIES ELEMENT
A. INTRODUCTION
The Public Schools Facility Element includes objectives and policies to support the provision of
public school facilities in a timely manner. However, it is not intended to be construed to interfere
with 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 City, as to whether that obligation has been satisfied.
Additionally, this Element is not intended to be construed to impose any duty or obligation on the
City for the School Board's constitutional or statutory obligations. The City of Winter Springs does
not have the authority to directly provide school facilities, but is required by State Law to work with
the Seminole County School Board to address the coordination of public school facility planning
with land use planning and development approvals. The City of Winter Springs continues to be
responsible for approving or denying comprehensive plan amendments and development approvals
within its own jurisdiction, and nothing herein represents or authorizes a transfer of any of this
authority to the School Board.
Legislation enacted by the 2005 Florida Legislature mandated a comprehensive approach to school
planning by revising laws that govern both school districts and local government planning. A
coordinated effort was undertaken by the local jurisdictions of Seminole County and the Seminole
County School Board. Preparation of a new 2007 Inter/oeal Agreement for Public School Faciliry Planning
and School Concurrenry including procedures for coordinating land use planning, development
approvals and school planning was the first step in this process and was adopted by the Board of
County Commissioners, City Commissions, and the Seminole County School Board.
The 2005 Legislation also included adoption of a Public School Facilities Element consistent with
those adopted by the other local governments within the County and consistent with the 2007
Inter/ocal Agreement for Public School Faciliry Planning and School Concurrenry, sections 163.3177(12) and
163.3180 F.S. and Rule 9]-5.025, F.A.C. and which describes a proportionate-share mitigation
methodology. Additional amendments to the City's Comprehensive Plan required by the 2005
legislation include:
. Adoption of the Level of Service standards applicable countywide that establish maximum
permitted school utilization rates relative to capacity into the Capital Improvements
Element;
. Adoption of the financially feasible Public School Capital Facilities Program addressing
school capacity improvements into the Capital Improvements Element that is adopted as
part of the Seminole County School Board's overall Capital Improvements Program;
. Amendments to revise objectives and policies that address the City's process of coordination
with the School Board in the Intergovernmental Coordination Element.
IX-1
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
B. EXISTING CONDITIONS
The following Tables indicate permanent school building capacity for every school under the
jurisdiction of the Seminole County School Board:
TABLE IX-l.l: Inventory of Elementary Schools
Elementary Site Building Permanent Bldg SY06-07
Sc1JOol Acreage* Sq Ft* Student Capacily* FTE"'*
ALTA.\-lONTE ELEI\IENTARY
BEAR LAKE ELEJvlEl\l ARY
BENTLEY ELEMENTARY
CARILLON ELEMENTARY
CASSELBERRY ELEMENIARY
CRYSTAL LA.KE ELE:vIENTARY
EASTBROOK ELEMENTARY
ENGLISH ESTATES ELEl:vlENTARY
EVA.~S ELEt-.IENTARY
FOREST CITY ELE:vIENTARY
GENEVA ELEMENTARY
GOLDSBORO ELEMENTARY
HA.\IIL TON ELEMENTARY
HEATHROW ELEMENTARY
HIGHLANDS ELElvlENTARY
IDYLL\v1LDE ELEMENTARY
KEETH ELEMENTARY
LAKE MARY ELEMENTARY
LAKE ORIENT A ELEMENTARY
LAWTON ELEMEl\lARY
LAXtRELE~fENT.ARYSCHOOL
LONGWOODELEMENTARY
MID\\rA Y ELEl:vIENT ARY
PARTIN ELEMENT.ARY
PINE CREST ELEMENTARY
RAINBOW ELEMENT.'\RY
RED BUG ELEMENT.ARY
SABAL POINT ELEMENTARY
SPRING LAKE ELEMENTARY
STENSTRO~f ELEMENT.'\RY
STERLING PARK ELE~mNTARY
WALKER ELBIENT.ARY SCHOOL
\VEKIVA ELElvlENTARY
'NICKLOW ELEMENT.'\RY
\VILSON ELEl\1ENTARY
WINTER SPRINGS ELEMENTARY
WOODLA.'\DS ELEr.lENTARY
Total
Average
Standard Per FTE
*Flocida Inventory of School Houses (FISH)
**Seminole County School District Staff
15
20
1~
l
34
10
10
15
21
25
15
15
20
19
15
25
15
15
11
10
21
15
11
11
15
25
15
15
15
20
15
16
15
15
16
16
15
20
618
17
0.0212
116.223
106.368
127.200
125.997
105.147
110.873
107.352
117.412
103.745
133.598
101.803
106.421
89.598
89.172
106.395
104.399
76.921
72.452
80.067
119.445
11 7.306
83.704
77.664
92.989
104.709
91.341
97.335
78.047
83.638
92.372
78.502
115.802
64.338
113.694
117.159
107.487
95.195
3.712,970
100.351
128
991 864
1.026 1.079
933 975
941 801
906 798
827 661
932 816
843 762
974 858
956 871
601 502
713 684
725 816
862 1,119
625 546
815 887
576 776
6"~ 610
:J..:,;
169 699
882 881
735 634
715 668
115 409
748 795
823 880
749 888
513 841
161 815
331 820
632 719
195 653
937 890
407 871
804 821
881 950
810 632
840 815
26,436 29,106
714 787
IX-2
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Middle Site Bui/Jting Permanent B/Jtg SY06-07
School Acreage" Sq FI" Student Capacity"'* FTE"'*
TABLE IX-2: Inventory of Middle Schools
GREENWOOD LJ\KES MIDDLE
INDIA." TRAILS lo.HDDLE
JACKSON HEIGHTS ~dIDDLE
LJ\ WTON CHILES :\UDDLE SCHOOL
MARKHAl\1 WOODS MIDDLE
MILLENNIUl\l MIDDLE
,vIlL \VEE MIDDLE
ROCK LJ\KE l\UDDLE
SA..l"JFORD MIDDLE
SOUTH SBUNOLE MIDDLE
TEAGUE MIDDLE
TUSKAWILLA MIDDLE
Total
Average
Stlludlln} Per FTE
* Florida Inventory of School Houses (FISH)
**Seminole County School District Staff
TABLE IX-3: Inventory of High Schools
17
28
21
20
20
315
26
0.0197
25
20
62
25
22
28
185.964
166.249
146.427
193.512
179.920
212.031
147.596
131.544
159.741
143.730
148.072
170.701
1,985,487
165,457
124
1.281
1.366
1.345
1.419
1.251
1.548
1.301
1.153
1.408
1.179
1.476
1.250
15,977
1,331
1.176
1.407
1.293
1.450
852
1.746
1.146
1.124
1.319
1.221
1.618
1.153
15,505
1,292
27
High Site Bui/Jting Permanent BIdg SY06-07
School Acreage" Sq FI" student Capacity"'* FTE"'*
CROOMS ACADEMY OF INFORMATION
HAGERTY HIGH SCHOOL
LJ\KE BRA.NiLEY SE1'<l:OR HIGH
LJ\KE HOWELL SE1'<l:OR HIGH
LAKE l\1i\RY SENIOR HIGH
n'"MAN SENIOR HIGH
O\l:EDO SENIOR HIGH
QUEST ACADEMY
SEMINOLE SENIOR HIGH
WINTER SPRINGS SE1'<l:OR HIGH
Total
Average
Stlludllrd Per FTE
* Florida Inventory of School Houses (FISH)
**Seminole County School District Staff
53
59
438
44
0.0193
20
60
52
43
50
47
52
901 529
2.746 1.052
2.944 3.206
2.3 63 2.241
2.831 2.589
2.517 2.324
2.746 2.756
125 104
3.049 3.187
2.445 2.489
22,667 20,477
2,267 2,048
~
103.956
362.973
364.488
308.744
357.293
364.309
359.371
18.665
350.706
305.635
2,896,140
289,614
128
IX-3
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
C. ISSUES AND CONCERNS
1. Identifying Sites for Future School Facilities. The 2007 Inter/ocal Agreement for Public School
Facili!} Planning and School Concurrenry provides a process for identifying future school sites. The
process includes, at a minimum, semi-annual meetings of the Planning Technical Advisory
Committee (PT AC) that can be used to coordinate land use and school facility planning. The next
step in that process is a committee created by the 2007 Inter/ocal Agreement for Public School Facili!}
Planning and School Concurrenry, the Public Schools Facilities Planning Committee (pSFPC). The
PSFPC has several responsibilities, including review of PTAC findings and submittal of
recommendations to the School Board. In order to ensure that the redevelopment and revitalization
of older portions of unincorporated Seminole County can continue, the issue of sites will continually
need to be addressed as part of the ongoing cooperative planning effort specified by the 2007
Inter/ocal Agreement for Public School k'acili!} Planning and School Concurrenry.
2. Population and Student Projections. In accordance with the 2007 Interlocal Agreement for Public
School Facili!} Planning and School Concurrenry, Winter Springs and the School Board will share
population projections and projections of student enrollment for use in their planning efforts. The
2007 Inter/ocal Agreement for Public School Facili!} Planning and School Concurrenry specifies that the parties
will use student enrollment projections provided by the School Board. However, the source of
student enrollment projections is based on the Capital Outlay Full Time Equivalent (COFTE)
cohort projections issued by the Department of Education in July of each year. These COFTE
projections are related to past enrollment trends and do not consider such factors as reduced land
availability for future growth and development. As the City of Winter Springs grows closer to
reaching build-out, these projections will become less reliable.
3. Proportionate Share Mitigation Efforts and Alternative Mechanisms for Ensuring School
Capacity. The 2007 Interlocal Agreement for Public School Facili!} Planning and School Concurrenry outlined
the process by which the School Board may entertain proportionate share mitigation options.
Proportionate share mitigation allows a developer to pay that portion of the cost of providing
capacity in a school facility that is necessary to serve that particular development or redevelopment
project. The methodology for calculating a developer's proportionate share as specified in the 2007
Inter/ocal Agreement for Public School Facili!} Planning and School Concurrenry is included in this Element
and will be added to the City's Land Development Regulations as part of the Concurrency
Management System. Mitigation options offer a variety of alternatives, including construction of a
charter school by the developer. If a mitigation proposal fails, the 2007 Interlocal Agreement for Public
School Facili!} Planning and School Concurrenry offers an appeal process specified by Chapter 120, Florida
Statutes (F.S.) as an alternative.
Another allowable alternative mechanism for mitigation impacts on schools is the establishment of
an Educational Facilities Benefit District as allowed by Section 1013.355, F.S. This option permits
school districts and local governments to enter into separate Interlocal Agreements to arrange for
financing a school to allow redevelopment, revitalization or other development efforts, when
property owners involved agree to this special assessment. Osceola County adopted an ordinance
creating such a District in 2003. Should redevelopment and revitalization efforts in the City be
unable to proceed, even with proportionate share mitigation, further examination of the use of an
Educational Facilities Benefit District may be needed.
IX-4
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
D. GOALS, OBJECTIVES AND POLICIES
GOAL IX-1: PROVIDE QUALITY EDUCATION. As a basic tenet of community life, it is the
goal of the City of Winter Springs to contribute to and maintain a high quality public school
environment.
Objective IX- 1: Level of Service Standards and Service Boundaries. The City of Winter
Springs shall coordinate with the Seminole County School Board in the School Board's efforts to
correct existing deficiencies and address future needs through implementation of adopted level of
service standards and appropriate public school facility service area boundaries.
The level of service standard is a countywide standard specified in the 2007 Inter/ocal Agreement for
Public School Facility Planning and School Concurrenry, wherein the following terms are used:
Permanent Florida Inventory of School Houses (FISH):- meaning the permanent facilities within the
inventory of land, buildings and rooms in public educational facilities used by the Florida
Department of Education, Office of Educational Facilities; and
Concurrency Service Area (CSA): A geographic unit promulgated by the School Board and adopted
by local governments within which the level of service is measured when an application for
residential development is reviewed for school concurrency purposes. The CSA coincides with
groupings of school attendance zones within each school type based on adjacency.
Level of Service (LOS) standard- meaning a standard established to measure utilization of capacity
within a Concurrency Service Area (CSA). [Current LOS within a CSA is determined by dividing the
full-time equivalent student count (FTE) for the Fall Semester at the same type of schools by the
permanent FISH capacity of the same type of schools. Projected or future LOS is determined by the
dividing the projected enrolled students at the same type of schools within a CSA by the planned
permanent FISH capacity of the same type of schools.
Policy IX- 1.1: Adoption of Level of Service Standards (LOS). To ensure that the
capacity of schools is sufficient to support student growth, the City along
with other cities within the Seminole County, the County, and the School
Board agree that the desired LOS standard shall be 100% of the
aggregate permanent FISH capacity for each school type within each
Concurrency Service Area (CSA.).
To financially achieve the desired LOS standard, the following tiered
LOS standard is established as follows:
Elementary &
Middle CSA
High School
CSA
2008 - 2012
100% of Permanent
FISH Ca aci
110% of Permanent
FISH Ca aci
Be innin 2013
100% of Permanent FISH
Ca aci
100% of Permanent FISH
Ca aci
Policy IX- 1.2:
Use of Level of Service (LOS) Standards. The City shall use its
Concurrency Management System to coordinate with the School Board
and other local jurisdictions to ensure that the LOS standards established
for each school type is maintained.
IX-5
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Policy IX- 1.3:
Policy IX- 1.4:
Policy IX- 1.5:
Policy IX- 1.6:
Use of Concurrency Service Area (CSA) Boundaries. The City shall
apply school concurrency using CSA boundaries adopted by the School
Board.
CSAs for Each Type of School. The CSA boundaries established by
the School Board will be based on clustered attendance zones for each
school type (elementary, middle and high school) based on adjacency and
will be re-evaluated by the School Board, as needed.
CSA Boundary Changes. At the determination of the School Board,
CSA maps may be modified from time to time, to maximize utilization of
school capacity. The School Board shall transmit the proposed change
request with supporting data and analysis to the City and the other local
jurisdictions. The City, upon receipt of supporting data and analysis for
the proposed modification shall review and submit comments to the
School Board within forty-five (45) days.
Coordination of School Board Capital Improvements Schedule
and Potential CSA Boundary Changes. As identified in the 2007
Inter/oral Agreement for Public School Facili!J Planning and School Concurrenry,
the School Board's annual update of its Capital Improvements Schedule
will include review of attendance zone changes and if necessary,
modifications to the CSA maps to the greatest extent possible to provide
maximum utilization.
Objective IX- 2: Development Review Coordination to Achieve Concurrency. The City of
Winter Springs will coordinate with the Seminole County School Board in the City's development
review efforts to achieve concurrency in all public school facilities.
Policy IX- 2.1:
Policy IX- 2.2:
Development Review Process. The City shall withhold or condition
the approval of any site plan, final subdivision, or functional equivalent
for new residential units not exempted, until a School Capacity
Availability Letter Determination (SCALD) has been issued by the
School Board to the City indicating that adequate school facilities exist or
until a mitigation agreement has been reached, pursuant to the availability
standard specified in section 163.3180(13)(e), Florida Statutes.
Adoption of School Concurrency Provisions into the City's Land
Development Regulations. The City shall adopt school concurrency
provisions into its land development regulations for the review of
development approvals, consistent with the requirements of the 2007
Interlocal Agreement for Public School Facili!J Planning and School Concurrenry for
Coordinated Planning and School Concurrenry.
IX-6
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Objective IX- 3: Coordination of Existing and Future School Facility Planning with the
Future Land Use Element and Development Approval Process. The School Board shall
coordinate future siting of schools and capacity needs with development approvals and changes to
the City's Future Land Use Plan Map (FLUM).
Policy IX- 3.1: Coordination of Comprehensive Plan Amendments and Facility
Planning. The City will consider the availability and future provision of
school facility capacity, the provision of school sites and facilities within
neighborhoods, the compatibility of land uses adjacent to existing
schools and reserved school sites, the co-location of parks, recreation and
neighborhood facilities with school sites and the linkage of schools,
parks, libraries and other public facilities with bikeways, trails, and
sidewalks for safe access during the review of proposed comprehensive
plan land use map amendments.
Policy IX- 3.2:
Policy IX- 3.3
Policy IX- 3.4
Policy IX- 3.5
Site Sizes and Co-location in the City. The City will work with the
School District to identify sites for future educational facilities that meet
the minimum standards of the School Board where possible and which
are consistent with the provisions of the Winter Springs Comprehensive
Plan. When the size of available sites does not meet the minimum
School Board standards, the City will support the School Board in efforts
to use standards more appropriate to a built urban environment. To the
extent feasible, as a solution to the problem of lack of sufficiently sized
sites, the City shall work with the School Board to achieve co-location of
schools with City facilities.
Participation in Planning Technical Advisory Committee (PTAC).
The City shall participate in the Planning Technical Advisory Committee
(PTAC) meetings, as provided in the 2007 Inter/ocal Agreement for Public
School Pacili!J Planning and School Concumnry for Coordinated Planning and
School Concurrenry, for the purpose of discussing issues and formulating
recommendations to the Public Schools Facilities Planning Committee
(pSFPC) regarding coordination of land use and school facilities
planning, including such issues as population and student projections,
development trends, school needs, co-location and joint use
opportunities, ancillary infrastructure improvements needed to support
the schools, School Board Five-Year Capital Improvement Plan and the
Public School Concurrency Program.
Determining Impacts. The determination of adequate school capacity
will be the responsibility of the School Board.
Notification of Submittal of Residential Applications. The City shall
notify the School Board within 10 working days of receipt of any land
use or development application having a residential component and will
transmit submitted subdivision plans and site plans to the School Board
for their review.
IX-7
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Policy IX- 3.6
Notification of Meetings. The City shall provide the School Board
with agendas of staff review, the Planning & Zoning Board/Local
Planning Agency and the City Commission meetings.
Objective IX- 4: Concurrency. The City of Winter Springs shall require that public school facility
capacity is available concurrent with the impacts of new residential development, as required by
Section 163.3180(13)(e), Florida Statutes (F.S.)
Policy IX- 4.1:
Policy IX- 4.2:
Policy IX- 4.3:
Timing of Concurrency Review. The City shall require that all new
residential development be reviewed for school concurrency prior to
development approval as defined in the 2007 Interlocal Agreement for Public
School F acili!J Planning and School Concurrenry for Coordinated Planning and
School Concurrenry.
Results of Concurrency Review. In compliance with the availability
standards of Section 163.3180(13)(e), F.S., the City shall not deny
development approval due to failure to achieve the adopted LOS for
public school facilities when the following occurs:
. Adequate school facilities are planned and will be in place or under
construction within three (3) years of the development approval.
. The developer executes a legally binding commitment to provide
mitigation proportionate to the demand for public school facilities
consistent with the methodology in the 2007 Inter/ocal Agreement for Public
School Facili!J Planning and School Concurrenry for Coordinated Planning and
School Concurrenry.
Residential Uses Exempt from the Requirements of School
Concurrency. The following residential uses shall be exempt from the
requirements of school concurrency:
. All single family lots of record at the time the school concurrency
implementing ordinance became effective.
. Any new residential development that has a preliminary plat or site
plan approval or the functional equivalent for a site specific development
order prior to the commencement date of the School Concurrency
Program on July 1, 2008.
. Any amendment to a previously approved residential development
which does not increase the number of dwelling units or change the type
of dwelling units.
. Any age restricted community with no permanent residents under the
age of 18 (a restrictive covenant limiting the age of residents to 18 and
older shall be required.)
IX-8
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Policy IX- 4.4:
Policy IX- 4.5
Use of Revenues Received Through Proportionate Share
Mitigation. Any revenues received for proportionate share mitigation
are to be directed by the School Board toward a school capacity
improvement identified in the School Board's Five-Year Capital
Improvement Plan.
Proportionate Share Mitigation. In the event there is not available
school capacity to support a development, the School Board may
entertain proportionate share mitigation options and, if accepted, shall
enter into an enforceable and binding agreement with the developer to
mitigate the impact from the development through the creation of
additional school capacity.
A. When the anticipated student impacts from a proposed development
cause the adopted LOS to be exceeded, the developer's proportionate
share will be based on the number of additional student stations
necessary to achieve the established LOS. The amount to be paid will be
calculated by the cost per student station for elementary, middle and high
school as determined and published by the State of Florida.
B. The methodology used to calculate a developer's proportionate share
mitigation shall be as follows:
Proportionate Share = CDevelopment students - Available Capacity)
x zrotal Cost per student station
Where:
lDevelopment students = those students from the development that
are assigned to a CSA and have triggered a deficiency of the available
capacity.
2Total Cost = the cost per student station as determined and
published by the State of Florida.
C. The applicant shall be allowed to enter a 90-day negotiation period
with the School Board in an effort to mitigate the impact from the
development through the creation of additional capacity. Upon
identification and acceptance of a mitigation option deemed financially
feasible by the School Board, the developer shall enter into a binding and
enforceable development agreement with the School Board.
1. A mitigation contribution provided by a developer to offset the
impact of a residential development must be directed by the School
Board toward a school capacity project identified in the School
Board's Five-Year Capital Improvement Plan. Capacity enhancing
projects identified within the first three (3) years of the Five-Year
Capital Improvement Plan shall be considered as committed in
accordance with Section 9.5 of the 2007 Inter/ocal Agreement for Public
School Facility Planning and School Concurrenry for Coordinated Planning and
School Concurrenry.
IX-9
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
2. If capacity projects are planned in years four (4) or five (5) of the
School Board's Five-Year Capital Improvement Plan within the same
CSA as the proposed residential development, the developer may pay
his proportionate share to mitigate the proposed development in
accordance with the formula provided in Section 12.7 (B) of the 2007
Inter/ocal Agreement Jor Public School Facility Planning and School Concurrenry
Jor Coordinated Planning and School Concurrenry.
3. If a capacity project does not exist in the Capital Improvement
Plan, the School Board will add a capacity project to satisfy
the impacts from a proposed residential development, if it is funded
through the developer's proportionate share mitigation contributions.
Mitigation options may include, but are not limited to:
a. Contribution of land or payment for land acquisition suitable
for and in conjunction with, the provision of additional school
capacity; or
b. Mitigation banking based on the construction of a
educational facility in exchange for the right to sell capacity
credits; or
c. Provide modular or permanent student stations acceptable
for use as an educational facilities; or
d. Provide additional student stations through the remodeling of
existing buildings acceptable for use as an educational facility; or
e. Construction or expansion of permanent student stations at
the impacted school within the CSA; or
f. Construction of a educational facility in advance of the time
set forth in the School Board's Five-Year Capital Improvement
Plan.
D. For mitigation measures (a) thru (f) above, the estimated cost to
construct the mitigating capacity will reflect the estimated future
construction costs at the time of the anticipated construction.
Improvements contributed by the developer shall receive school impact
fee credit.
E. Developer shall receive an impact fee credit for the proportionate
share mitigation. Credits will be given for that portion of the impact fees
that would have been used to fund the improvements on which the
proportionate fair share contribution was calculated. The portion of
impact fees available for the credit will be based on the historic
distribution of impact fee funds to the school type (elementary, middle,
high) in the appropriate CSA. Impact fee credits shall be calculated at
the same time as the applicant's proportionate share obligation is
calculated. Any school impact fee credit based on proportionate fair
share contributions for a proposed development cannot be transferred to
any other parcel or parcels of real property within the CSA.
IX-10
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Policy IX- 4.6
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 Determination
Letter shall be issued. If mitigation is agreed to, the School Board shall
issue a new Determination Letter approving the development subject to
those mitigation measures agreed to by the local government, developer
and the School Board. Prior to, site plan approval, final subdivision
approval or the functional equivalent, the mitigation measures shall be
memorialized in an enforceable and binding agreement with the local
government, the School Board and the Developer that specifically details
mitigation provisions to be paid for by the developer and the relevant
terms and conditions. If mitigation is not agreed to, the Determination
Letter shall detail why any mitigation proposals were rejected and why
the development is not in compliance with school concurrency
requirements. A SCALD indicating either that adequate capacity is
available, or that there is not a negotiated proportionate share mitigation
settlement following the ninety (90) day negotiation period as described
in Section 12.7(B) of the 2007 Inter/ocal Agreement for Public School Faciliry
Planning and School Concurrenry for Coordinated Planning and School Concurrenry
constitutes final agency action by the School Board for purposes of
Chapter 120, F.S.
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.
Objective IX- 5: Procedure for Annual Update of Capital Improvements Element. The City
of Winter Springs shall amend its Capital Improvement Element (CIE) to include that portion of the
adopted School Board's Five-Year Capital Improvement Plan which deals with capacity
improvements.
Policy IX- 5.1
Annual Update of Capital Improvements Element. On an annual
basis, no later than December 1 st of each year, the City shall update the
City's Capital Improvements Element to include that portion of the
School Board's annual update of their financially feasible Five-Year
Capital Improvement Plan related to capacity improvements. However,
the City shall not have the obligation, nor the responsibility for funding
or accomplishing the School Board Five-Year Capital Improvement Plan.
IX-11
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Policy IX- 5.2
Policy IX- 5.3
Addition of New Financially Feasible Fifth Year Projects During
Each Update. Each annual update to the Capital Improvements
Element shall include a new fifth year with its financially feasible school
capacity projects that have been adopted by the School District in its
update of the Five-Year Capital Improvement Schedule.
Compliance with Florida Statute in Timing of Capital
Improvements Element Update. The City shall amend its Capital
Improvements Element to reflect changes to the School District's Five-
Year Capital Facilities Plan in compliance with timing requirements of
Florida Statutes.
Objective IX- 6: Ensuring Compatibility with Surrounding Land Uses, Encouraging Co-
location with Appropriate City Facilities, Location in Proximity to Residential Areas to be
Served and Function as a Community Focal Point. The City of Winter Springs shall ensure
compatibility of school facilities with surrounding land use through the development review process
and shall encourage, to the extent feasible, co-location of new schools with compatible City facilities,
and the location of school facilities to serve as Community Focal Points.
Policy IX- 6.1
Allowable Locations of School Sites and Compatibility Standards.
School sites are allowable within any land use designation in the City
except Conservation/Conservation Overlay and possibly industrial areas
(Cross Reference FLUE Policy 1.11.1). Compatibility with adjacent land uses
will be ensured through the following measures:
. New school sites within the City must not be adjacent to any noxious
industrial uses or other property from which noise, vibration, odors,
dust, toxic materials, traffic conditions or other disturbances would
have a negative impact on the health and safety of students.
. Public school sites shall be compatible with environmental
protection, based on soils, topography, protected species and other
natural resources on the site.
. An assessment of critical transportation issues, including provision of
adequate roadway capacity, transit capacity and bikeways, shall be
performed for proposed school sites prior to any development to
ensure safe and efficient transport of students.
. New school sites must comply with the City's land development
regulations and must minimize potential detrimental impacts on
adjacent uses by providing sufficient on site parking, sufficient
internal vehicular circulation to ensure that unsafe stacking of
vehicles on access roads does not occur, containment of off site light
spillage and glare, and reduction of off- site noise through
compliance with the City's buffer requirements.
. New school sites for elementary and middle schools shall be located
in close proximity to existing or anticipated concentrations of
residential development. New school sites for high schools and
IX-12
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Policy IX- 6.2
specialized schools are suitable for other locations, due to their
special characteristics.
. The development review process shall ensure that facilities such as
sanitary sewer and potable water will be available at the time
demanded by the new school site, and services such as public safety
can also be provided.
· New school sites in shall have safe ingress and egress for pedestrians,
bicycles, cars, buses, service vehicles and emergency vehicles. High
schools should be located with access to collector or arterial roads,
rather than relying solely on local roads.
Co-Location and Community Focal Point. Recognizing that new
schools are an essential component in creating a sense of community, to
the extent feasible, the City shall encourage the co-location of new school
sites with appropriate City facilities, and shall encourage, through the
development review process, the location of new school sites so they
may serve as community focal points. Where co-location takes place, the
City may enter into an Interlocal Agreement with the School Board to
address shared uses of facilities, maintenance costs, vehicular and bicycle
parking, supervision and liability issues, among other concerns.
Objective IX-7: Ensuring Provision of Necessary Infrastructure. The School Board will
coordinate with the City of Winter Springs to ensure the timely provision of public facilities to
support the necessary functions of public school facilities.
Policy IX- 7.1
Policy IX- 7.2
Maximizing Efficiency of Infrastructure. During participation in the
future school site identification process detailed in the 2007 Inter/ocal
Agreement for Public School Facility Planning and School Concumn0', the City
shall seek to maximize efficient use of existing infrastructure and avoid
sprawl development by identifying future school sites that take advantage
of existing and planned roads, potable water, sanitary sewer, parks and
drainage systems.
Safe Student Access. The City will ensure safe student access to school
sites by coordinating the construction of new neighborhoods and
residential developments, expansion of existing neighborhoods and
developments and redevelopment or revitalization of existing
neighborhoods and developments with Seminole County's safe road and
sidewalk connection programs to school sites.
IX-13
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Policy IX- 7.3
Policy IX- 7.4
Policy IX- 7.5
Bicycle Access and Pedestrian Connection. The City will coordinate
bicycle access to public schools consistent with the Seminole County
countywide bicycle plan adopted by the Metropolitan Planning
Organization, METROPLAN. In addition, the City shall revise its
land development regulations as needed to specify that performance
standards for new residential developments adjacent to existing and
proposed school sites, other than age restricted developments, shall
include pedestrian connections between the sidewalk network within the
development and the adjacent school site.
Coordination to Ensure Necessary Off-Site Improvements. During
the development review process for a proposed new school facility the
City will work with the School Board to determine the party or parties
responsibility for the financing, construction, operating, and maintaining
of any needed off-site improvements, including but not limited to:
signalization, installation of deceleration lanes, roadway striping for
crosswalks, safe directional/warning signage and installation of sidewalks.
A new development adjacent to or sharing an access road with an
existing school or future school site shall mitigate the traffic impacts of
the development for safe access to the school. Such mitigation efforts
may include, but are not limited to: developer striping of crosswalks,
developer installation of sidewalks, payment for safe directional/warning
signage, and payment for signalization.
Inclusion of Provisions for School Buses. The City shall revise its
land development regulations to require the inclusion of school bus stops
and turnarounds in new residential developments that are not age
restricted.
Objective IX-8 Coordination with School Board and Cities. The City of Winter Springs
shall coordinate with the School Board and other local jurisdictions as specified by the procedures in
the 2007 Inter/ocal Agreement for Public School Joacility Planning and School Concurrenry and provide
information for emergency preparedness.
Policy IX- 8.1
Providing Data to the School Board. The City shall maintain data on
the approved number of residential dwelling units by unit type and
location and the corresponding number of units within each
development that have received a certificate of occupancy (CO). The
data shall be provided to the School Board annually by October 15th.
IX-14
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN
PUBLIC SCHOOL FACILITIES ELEMENT
Policy IX- 8.2
Policy IX- 8.3
Policy IX- 8.4
Providing Representation. The City shall assign representatives to take
part in committees and meetings as specified by the 2007 Inter/ocal
Agreement for Public School Facilities Planning and School Concurrenry. A staff
representative shall be assigned to the Planning Technical Advisory
Committee (PTAC) which shall meet as specified in the lnterlocal
Agreement. An elected official or designee shall be appointed to the
Public Schools Facilities Planning Committee (pSFPC) which shall meet
as specified in the lnterlocal Agreement.
Advising of Proposed Changes. The City shall provide notification in
accordance with the 2007 Inter/ocal Agreement for Public School Facilities
Planning and School Concurrenry. to the School Board of proposed
amendments to the Future Land Use Map (FLUM), rezonings,
developments of regional impact, and/or major residential or mixed use
development projects that may increase residential densities, effect
student enrollment, enrollment projections, or school facilities. Such
notice will be provided within 10 working days of receipt of the
application.
Emergency Preparedness. The City shall continue to provide
information needed by the School Board and local jurisdictions for
emergency preparedness purposes.
IX-15