1210-Public School Facility Planning & School Concurrency/2007
2007INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOl CONCURRENCY
AS AMENDED JANUARY 2008
Seminole County, Florida
THIS AGREEMENT is entered into with the Seminole County Board of County
Commissioners (hereinafter referred to as the "County"). the Commission or Council of
the Cities of Longwood, AItamonte 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 "SctDoI Board"). collectively referred to
as the .Parties",
.r
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-Iocating 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 expandin g 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 desaibes the processes for collaborative planning and decision
making on population projections and public school siting; and
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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 163.31n(7), 163.3180(13), and 1013.33, F.S.. require the
County. Cities and School Board to update their Public School Intertocal Agreement to
establish school concurrency to satisfy Section 163.318O(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 "PartiesR) that the following
definitions and procedures will be followed in coordinating land use, public school
facilities planning, and school concurrency.
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2007INTERLOCAL AGREEMENT FOR PUBUC SCHOOL
FACIUTY PLANNING AND SCHOOL CONCURRENCY
AS AMENDED JANUARY 2008
Seminole County, Florida
Table of Contents
SECTION 1 DEFI N mONS.. .... ............ ........... .................... ....... .... ......... ...... ...................5
SECTION 2 COMMITTEES AND DUTlE8......................................................................9
2.1 Planning Technical Advisory Committee (PTAC~.......................m.........................9
2.2 Public Schools Facilities Planning Committee (PSFPC).........................................9
SECTION 3 STUDENT ENROLLMENT AND POPULATION PROJECTIONS..........10
3.1 Population and SbJdent Enrollment Projections Distributed Annually ..................10
3.2 Student Projections ...... ............................ ................... ........... ......... ................. ......1 0
3.3 PT AC Review ........... ... ......... ........ .......... ............................... ......... ............. ..........10
SECTION 4 COORDINATING AND SHARING OF INFORMA TlON...........................1 0
4.1 School Board Educational Facilities Work Plan ....................................................10
4.2 Educational Plant Survey............................................. ............ ... .... ............. .... ......10
SECTION 5 SCHOOL SITE SELECTION, REMODEUNG, AND SCHOOL
CLOSU RES ..... ...... .... .......... ............ ........ .............. ...........:... .......... ...... .....1 0
5.1 New School Sites ....... ..... ....... ............ ......................................... ..... ........ .... ..........10
5.2 School site Plan Review ........................................................................................11
5.3 Remodeling and ClostreS ............................................... ..................................... .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 ....................................n..................... ........................... .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 Formulatil19 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 RESPONSIBIUTlES OF THE PARTIES ................................13
8.1 Specific Responsibilities of the County and Cities ..... ....... ............... ......... ......... ...13
8.2 Specific Responsibilities of the School Board .......................................................14
SECTION 9 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN .............................15
9.1 School Board's Five-Year Capital Improvement Plan ...........................................15
9.2 Educational Facilities Work Plan ...........................................................................15
9.3 Transmittal......... ........ ........ ....... ........................... ............ .... ............ ........ ....... .......15
9.4 Adoption ................ .................... .....n.... ............................... ............. ........ ....... .......15
9.5 Amendments to the School Board's Five-Year Capital Improvement Plan ..........16
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2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLAM'>lING AND SCHOOL CONCURRENCY
AS AMENDED JANUARY 2008
Seminole County, Florida
Table of Contents continued
SECTION 10 COMPREHENSIVE PLAN ELEMENTS...................................................16
10.1 Required Comprehensive Plan Amendments .......................................................16
10.2 Development, Adoption, and Amendment of the Capital Improvements
Element (CI E)........................... ................... ... ......... ............... ............................... .17
10.3 Development, Adoption, and Amendment of the Public School Facilities Element
(PSFE)... .... ............ ....... ............ ................ .... ............... ........ ........... ..................... ...17
SECTION 11 SCHOOL CONCURRENCY PROGRAM ..................................................18
11.1 Commencement of School Concurrency...............................................................18
11.2 Concurrency Service Areas (CSA) ................... .................................................... .18
11.3 Level of Service (LOS)...........................................................................................19
11.4 School Concurrency Regulations ..........................................................................19
SECTION 12 UNIFORM SCHOOL CONCURRENCY PROCESS.................................19
12.1 General Provisions '"'.''' ....... ........... ........ ............ .... ............ .............. ........ ............ .19
12.2 School Concurrency AppUcation Review ...............................................................20
12.3 Methodology..................................... .................... ................................................. .21
12.4 Development Review Table ............................ ..... ............... .... ...............................22
12.5 Proportionate Share Mitigation ........................................ ............................ ..........23
12.6 School Concurrency Approval... .... ....... ......................... ......... ................. ........ ..... .25
12.7 Reserved Capacity......... ........ ............... .... ............... .... ........ ................................. .25
12.8 Appeal Process... ....................... ........... ..... ....... ..... .................. ............. ........... ..... .26
SECTION 13 OVERSIGHT ................ ...... ............ ....... ...... .............. ..... .... ... ....... ............. .26
13.1 Oversight... ........ ....... ............ ............. ...... ......... ....... ........... ........ ........................... .26
SECTION 14 SPECIAL PROVISION .......................................... ....................................26
14.1 School Board Requirements............. ................................. .... .... .................... ........26.
14.2 Land Use Authority ............ ...................... ..... .... ........... ........... ..... ............... ..... .... ..27
SECTION 15 AMENDMENT PROCESS, NOTICE, AND TERM OF AG REEMENT .....27
15.1 Amendment of the Agreement.............................................................................. .27
15.2 Notice Requirements ..... ....................... ............ ........ ............. ........... .................... .27
15.3 Repeal of the Agreement......... ............. ..... ............. ........... ........... ....... ......... ........ .28
15.4 Termination of the Agreement ........ ........... ................................ .... ...... .......... ....... .28
15.5 Withdrawal........... ........ ...... ................. ........... ............. ............... ......__... ................ .28
SECT ION 16 RESOLUTION OF DISPUTES ..................................................................28
16.1 Dispute Resolution .... ........... ......... ........ ............... ........ ........... ... ................... ........ .28
SECTION 17 EXECUTION IN COUNTERPARTS..........................................................28
17.1 Agreement Execution..................... ............ ........ ......................... ......... ........ ......... .28
SECTION 18 SUCCESSION OF AGREEMENT .............................................................28
18.1 Succession of Agreement........................................................................ ......... .... .28
SECTION 19 EFFECTIVE DATE ................................................. ................. ........ ......... .28
19.1 Effective Date... ..................... ....... ....... ........ ............................... ....... ............ ........ .28
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APPENDIX AN'
Concurrency Service Area Maps (CSA) ........................................38
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SECTION 1 DEFINmONS
Adjacent Concurrency Service Area: A concurrency service area which is contiguous
and touches the boundary of another concurrency service area along one side.
Attendance Zone: The geographic area which identifies the public school assignment
for students.
Building Permit: An approval by a local government authorizing residential construction
on a specific property.
Capital Outlay, Full Time Equivalent (COFTE) Projections: Florida Department
of Education (FDOE) COHORT student enrollment projections for Florida public
school districts, issued annually and based on information produced by the
demographic, revenue, and education estimating conferences pursuant to s. 216.136
and s. 1013.64(3), as adjusted by the FDOE Office of Educational Facilities and SMART
Schools Clearinghouse. The projections do not include students in hospital,
homebound. summer school, evening school, etc. since these students do not require an
additional student station.
Cities: All municipalities in Seminole County, except those that are exempt from the
requirements of school concurrency, pursuant to Section 163.3177(12), F.S.
Charter School: Public schools of choice which operate under a performance contract.
or a "charter: in accordance with Section 1002.33, F.S. Charter schools in the Seminole
County Public School District are Countywide schools of choice.
Comprehensive Plan: A plan that meets the requirements of Sections 163.3177 and
163.3178, F.S.
Concurrency Service Area (CSA): A geographic unit promulgated by the School Board
and adopted by local governments within which the level of service is measured when
an application for residential development is reviewed for school concurrency purposes.
Consistency: Compatible with and furthering the goals, objectives and policies of the
County and Cities Comprehensive Plan Sements and this Agreement.
Core Facilities: The media center. cafeteria, toilet facilities, circulation space and like
areas that do not carry permanent Florida Inventory of SChool Houses (FISH) capacity in
an educational facility.
Developer: Any person. induding a governmental agency, undertaking any
construction.::';>"i.
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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
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student based on projected capital ouUay FTE (COFTE) counts prepared and issued by
the FDOE.
Encumbered Capacity: School capacity for a proposed project that set aside for a
limited amount of time while the proposed project is undergoing eview 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 Syear 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 annuaHy 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 ROOda 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 equivalenf 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 pennanent 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 oonsiderations 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
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expectancy of the structure, also as designated in FISH is 35 - 49 years. Modular
classrooms generally consist of pre-manufactured calcrete 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 presaibed in SSE Rule 6'-+2.0010, F.A.C. (SREF
Section 6.1) in permanent and modular type dassrOOOl 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 sdlool.
B. Permanent capacity of a middle school is 90% of the sum of student stations
assigned to permanent and modular dassrooms at the school.
C. Permanent capacity of secondary level [high] schools is less than the sum of
student stations assigned to permanent and modular dassrooms at the school.
The amount less is prescribed in SSE 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.
Pennanent 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 facifity. 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
estabtished 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.
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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.
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 Artide 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
acrordance with Section 12.1 of this Agreement.
Student Station: A satisfactory space contained wihin 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 al 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 slructures. Student stations
in temporary/relocatable dassrooms shall not be considered for the purposes of
determining concurrency or included in any capacity determination of any CSA.
Educational Facilities Work Plan: The School Board's annual capital planning
docUment that includes long-range planning for facilities needs over 5-year and 10-year
periods.
Tiered Level of Service: A level of service which is graduated over time, used to
achieve an adequate and desirable level of service at the end of a specified period of
time, as permitted by the Florida Statutes.
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Type of School: An educational facility providing the same grade level of education,
Le.: elementary (grades PK-5), middle (grades 6-8), or high school (grades 9-12) or
special purpose school sLdl 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 COMMIITEES 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
fonnulate 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, ccHocation 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 PTAC on land use and school facilities
planning, including such issues as population and student projections,
development trends, school needs, co-Iocation and joint use opportunities,
ancillary infrastructure improvements needed to support the school, potential
sites for new schools, and proposals for significant renovation and potential
closure of existing schools. Based on the review of PTAC's recommendations,
the PSFPC will submit recommendations to the School Board. Additionally, the
PSFPC will be a standing committee to review the School Board Five-Year
Capital Improvement Plan in accordance with Sections 4.1 and 10 of this
Agreement. and serve as the required oversight committee for the Public School
Concurrency Program as detailed in Section 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.
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SECTION 3 STUDENT ENROLlMENT AND POPULAnON PROJECTIONS
3.1 Population and Student Enrolment 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 JJIy PT AC meeting described at SJbsection 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 prqections
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 INFORMA nON
4.1 School Board Educational Facilities Work Plan. By August 1st of each year,
the School Board shaH 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, infonnation on reIocatables, 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 ~llmprovement 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 OOlsistency
with the local government Comprehensive Plan. This jurisdiction shall have
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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 1X'OP9fly, the School
Board shall proceed through the appropriate site plan review process.
If a detennination is made that a proposed school site is not consistent with the
Comprehensive Plan, the local government shall identify whether it will support
necessary amendments to the comprehensive plan to make the school site
consistent. The coordination process shall be in accordance with Chapter
1013.33, F.S.
5.2 School Site Plan Review. Once a school site has been selected and site design
has begun, the School Board shall comply with the appropriate site plan review
process set forth within the applicable land development regulations. Nothing in
this agreement exempts school sites from the site plan review process and
ensuring the site plan is consistent with both the comprehensive plan and land
development regulations. Standards and conditions shall not be imposed which
conflict with the requirements established in Chapter 1013. F.S. or the Florida
Building Code, unless otherwise agreed to by the School Board as a part of this
Agreement.
A. The School Board shall not be required to obtain or condemn public right-
of-way from private property owners for the purposes of constructing off-
site infrastructure of which it is intended that fee simple title of the
aCQuired right-of-way be transferred to the County or City.
B. The 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 Rve-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-8ite 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,
BK356PG J 864
Page 12 of 41
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 indude 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 enroDment, 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 '8, 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-Iocation 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 Fonnulating 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.
8K356PG1865
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SECTION 7 CO-LOCATION AND SHARED USE
7.1 Co-Location and Shared Use. The co-Iocation and shared use of facilities are
important to both the School Board and local governments. The School Board
will seek opportunities to co-Iocate and share use of school facilities and civic
facilities when preparing the Board's Five-Year Capital Improvement Plan.
Likewise, co-Iocation and shared use opportunities wiU be considered by the local
governments when preparing the annual update to the Comprehensive Ran's
schedule of capital improvements and when planning and designing new,
or renovating existing, community facilities. Opportunities for co-Iocation 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-Iocation 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-Iocation 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 Rans, 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.
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Page 14 of 41
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
Boord. .
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
appropriate to maximize the utilization of capacity in order to ensure that
all schools of each type (elementary, middle, high) in each Concurrency
Service Area and each individual school operate at the adopted level of
service, consistent with the requirements of this Agreement and School
Board Policy 5.30. Initiation of attendance boundaries shall be at the sole
discretion of the School Board.
C. Construct capacity enhancing and remodeling projects necessary to
maintain the adopted level of service consistent with the Five-Year C IP.
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 approve proportionate share mitigation options for new
residential development as appropriate.
H. Prepare annual reports on enrollment and capacity, consistent with the
requirements of this Agreement.
I. Provide necessary staff and material support for meetings of the PSFPC
as required by this Agreement.
J. Provide infonTlation to the County and Cities regarding enrollment
projections. school siting, infrastructure necessary to support educational
8K 3 5 6 PG I 86 7
Page 15 of 41
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 annuat update to provide a financially feasible program of school
construction for a five (5) year period.
D. Indude 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
than September 30th. and it shall become effective no later than October 1 st of
each year.
8K 3 56PG 1868
Page 16 of 41
9.5 Amendments to the School Board's F'rve-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 CorT1>rehensive 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
inducted 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.
B. A Public School Facilities Element (PSFE) consistent with the
requirements of Sections 163.3177(12) and 163.3180, F.S. and this
Agreement
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Page 17 of 41
c. An amended Intergovernmental Coordination Element as required by
Section 163.31n(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 shaD 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 9..1-5.025, FAC. 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.
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Page 18 of 41
SECTION 11 SCHOOL CONCURRENCY PROGRAM
11.1 Commencement of School Concurrency. The School Concurrency Program
described in this Agreement shall commence on January 1, 2009 2008.
11.2 Concurrency Service Areas (CSA). The Parties hereby agree that School
Concurrency shall be measLred and appfied 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 AA ft
of this Agreement.
A. CSAs will be described geographically in the Comprehensive Plan
pursuant to Section 163.3180 (13XgX5), F.S. Maps of the CSA
boundaries WlI 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
AStudent Assignmenr.
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. Changes in school attendance boundaries shall be govemed by
School Board Policy 5.30, Section 120.54 F .S. and applicable
uniform rules for administrative proceedings.
2. At such time as the School Board determines that a school(s)
attendance boundary is appropriate considering the above
standards, the School Board shall transmit the revised attendance
zones or CSAs and data and analysis to support the changes b
the Cities, to the County, and to the PSFPC.
3. The County, Cities, and PSFPC shall review the proposed
amendment within the times prescribed by Section 120.54 F.S.
4. The change to a Concurrency Service Area boundary shall
conform to revised attendance boundaries and become effective
upon final adoption.
BX 3 5 6 PG I 8 7 I
Page 19 of 41
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 00 100% of the aggregate permCllent 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 Pennanent FISH 100% of Permanent FISH
School CSA Capacity Capacity
High School CSA 110% of Permanent FISH 100% of Permanent FISH
Capacity Capacity
11.4 School Concurrency Regulations. 'Aqu:.iA 18 months of the offeGti'Jo (ijate of
this 3gfeemoRt, eaGtl 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 inn 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 fle 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 Detennination (SCALD) has been issued by the School
Board to the local government indicating that adequate school facilities
exist.
B. A local government may condition the approval of the residential
development to ensure that necessary school facilities are in place.
BK 3 5 6 PG r 8 7 2
Page 20 of 41
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 mvelopment 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). Ail age restricted community shall be
subject to a restrictive covenant on all residential units limiting the
age of pennanent residents to 18 years and okter.
D. Upon request by a developer submitting a land development application
with a residential component, the School Board shall issue a
detennination as to whether or not a development, lot or unit is exempt
from the requirements of school concurrency and submit a copy of the
detennination 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
governrnent. The School Board shall perfonn a sufficiency review
on the SIA application. An incomplete SIA application will be
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
BK 3 5 6 PG I 8 7 3
Page 21 of 41
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 witl 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 encumbrance 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
12.5 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(8)(4) above
is exercised by the developer within 45 days, then the application
shall be deemed abandoned.
12.3 Methodology. The methodology for performing the concurrency test shall follow
the steps outlined below:
A. To determine a proposed development's projected students, the
proposed developmenfs projected number and type of residential units
shall be converted into projected students for all schools of each type
within the specific CSA using the adopted Student Generation Multiplier,
as established in the most current adopted Seminole County BCC Public
School Impact Fee Ordinance.
8X 3 5 6 PG I 8 7 ~
Page 22 of 41
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 AC., at no time shall the shift
of impact to an adjacent CSA result in a total moming or aftemoon
transportation time of either elementary or secondary students to
exceed fifty (SO) 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 centef of the subject parcel/plat in
the amendment application, along the most direct improved pubic
roadway free from major hazards.
12.4 Development Review Table. The School Board shall create and maintain a
Development Review Table (DRT) fOf each CSA, and will use the DRT to
compare the projected students from proposed residential developments to the
CSAs available capacity programmed within the first three years of the current
five-year capital planning period.
A Student enrollment projections shall be based on the most recently
adopted School Board Capital Facilities Work Program, and the DRT
shall be updated to reflect these projections. Available capacity shall be
derived using the following formula:
Available Capacity = School Capacity" - (Enrollment2 + Approvec:f')
Where:
1 School 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
aftef 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.
BK~~~iJ~?5
12.5 Proportionate Share Mitigation. In the event there is not available school
capacity to support a development, the Sdlool 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 throLlgh 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 ~II 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 = ('Development students - Available Capacity)
x ~otal Cost per student station
Where:
1Development students ::= hose 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 accept a 90 day encumbrance of available school
capacity, and within the same 90 day period enter into negotiations 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 rnust 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 12.5(8) 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 rnitigation
BK356PG 1876
Page 24 of 41
contributions. Mitigation options may include, but are not
limited to:
8. 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 pennanent 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 govemment, developer and
BK 3 5 6 PG I 8 7 7
Page 25 of 41
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
govemment, 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
12.5(C) of this Agreement, constitutes final agency action by the School
Board for purposes of Chapter 120, F.S.
12.6 School Concurrency Approval. Issuance of a SCALD by the School Board
identifying that adequate capacity exists indicates only that school facilities are
currently available, and capacity for the proposed development has been
encumbered. Capacity will not be reserved until the local government issues a
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
SCALD indicating that the project meets school concurrency.
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-exernpt 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 lif~ of the final development approval.
12.7 Reserved Capacity. School capacity will be reserved 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 When the local
government issues a Development approval for a residential project it shall notify
the School Board wthin 10 working days. The duration for which capacity is
reserved shall be subject to the respective municipality's Land Development
Code, but shall not exceed two years from the date of approval or the issuance of
a building permit, whichever occurs first. tf the building permit once issued
expires under the development regulations of the local government, the project
will lose its reserved capacity. Should a Development Approval for a residential
development expire, the subject municipality shall notify the School Board. A
capacity reservation fee will be established during the regulatory phase of this
process.
BK 3 5 6 PG I 8 7 8
Page 26 of 41
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 sudl 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 taws 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 proc ess is
required pursuant to Section 163.3180(13)(g)(6)(c), F.S., and Section 2 of
this Agreement The PSFPC shaH 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 Bfaluate the effectiveness of the CSAs for measuring
the LOS and consider making recommendations to amend the CSA Map.
C. By August 1st 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 pennanent 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 Aorida 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
obstruct in any manner, the School Board's constitutional and statutory obligation
and sovereignty to provide a unifonn system of free public schools on a
Countywide basis or to require the School Board to confer with, or obtain the
BK 3 5 6 PG I 8 7 9
Page 27 of 41 .
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 A1tamonte Springs
225 Newburyport Avenue
Altamonte Springs, Florida 32701
City Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
City Manager
City of Casselberry
95 Triplet Lake Drive
Casselberry, Florida 32707
City Manager
City of Lake Mary
100 North Country Club Road
Lake Mary, Florida 32746
City M:inager
City of Longwood
175 West Warren Avenue
Longwood, Florida 32750
City Manager
City of Oviedo
400 Alexandria. Boulevard
Oviedo, Florida 32765
County Manager
Seminole County Government
1101 East First Street
Sanford, Florida 32771
School Board Superintendent
Seminole County School Board
400 East Lake Mary Boulevard
Sanfonj,F~rida 32773
BK 3 5 6 PG ( 8 8 0
Page 28 of 41
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
govemment 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 atter 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.
SECTION 19 EFFECTIVE DATE
19.1 Effective Date. This Agreement becomes effective as of January 1, 2008.
BK 3 5 6 PG I 8 8 I
Page 29 of 41
ATTEST:
P~~Ckok
CITY OF AL TAMONTE SPRINGS
By:~4~
RUSSEL.: HAUCK, Mayor
Date: I .I q/o ~
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! hereby attest and certify this is
a true and correct copy of the
Original record. ~ fJ ,..,
S'QnQ.~ ~Q
Deput CI Clerk
Date I - , D-
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008
Seminole County, Florida
Page 30 of 41
BK 3 5 6 PG 1 882
ATTEST:
r%k lllt/L~~/J/J~
- THELMA MCPHERSON, City Clerk
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008
Seminole County, Aorida
Page 31 of 41 Bit 3 5 6 PG , 8 8 3
ATIEST:
~~
OL FOSTER, City Clerk
CITY
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008
Seminole County, Florida
Page 32 of 41
BK 3 5 6 PG I 8 8 4
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CITY OF LONGWOOD
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Date:
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY PS AMENDED JANUARY 2008
Seminole County, Florida
Page 33 of 41
BK 3 5 6 PG I 8 B 5
AlTEST:
~
CITY OF OVIEDO
By: ~(tNr5R~~~ .
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FACILllY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008
Seminole County, Florida
Page 34 of41
8K 3 5 6 PG I 88 6,
ATTEST:
~D<i~~
CITY OF SANFORD
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LINDA KltiN. Mayor
Date:~ d?,,;)()?J,p
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FACILITY PlANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008
Seminole County, Florida
Page 35 of 41
BK 3 5 6 PG t 8 8 7
LORENZQ-lUACES
lerk
By:
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ATTEST:
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2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008
Seminole County, Florida
Page 36 of 41
BK 3 5 6 PG , 8 8 8
- '
Attest:
SEMINOLE COUNTY SCHOOL BOARD
By. ~~
DIANE BAUER, Chairman
JiA
,
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Date: January 8, 2008
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2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY
Seminole County, Florida As Amended As To Date of
Implementation
8X 3 5 6 PG J 8 8 9'
........._"l;,
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
")
.M .a.. ~:
. rk'\ the Boa.rP .of~LIDty
Cor'nl11ission~~SEtmlnole
County, Flori~~... .-,.--
Date: J /~f /0 t'
I f
As authorized for execution by th~Board of
County CommSsioners at their I Z~ ,
2001- regular meeting. f
2007 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL
FACILITY PLANNING AND SCHOOL CONCURRENCY AS AMENDED JANUARY 2008
Seminole County, Florida
Page 38 of 41
BIt 3 5 6 PG I 8 9 0
Elementary School Concurrency Service Al'9as in seminole County
IIIIIIp Bemenls
Ehrnora<y s_ ..........
l~.~~$
E1.......wy School CSAs
CSA _BER
0&'
De.,
OS3
E-<
De.~
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Os,
CJH
OS,
OSlO
DLN<E .ESuP
APPENDIX "A"
Concurrency Service Area Maps (CSA)
'A $'\ ,
\((57
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Page 39 of 41
BK 3 5 6 PG I 8 9 It
APPENDIX "A" Cont.
Concurrency Service Area Maps (CSA)
"
..@.
Middle School Concurrency Service Areas in Seminole County
MIp EJemems
.; lM;o..~l:lCit:n
"',0' ~
"'d~ S<:hool CSA.
CSA HUMIlER
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Page 40 of 41
BK 3 5 6 PG I 8 9 2
APPENDIX "A" Cont.
Concurrency Service Area Maps (CSA)
...
;('1'
w4~. I
'Cpt
High School Concurrency Service Areas in Seminole County
~
Map 8ements
~ H9" Sd\IXlI Loca ,
U. _'R.c.zn.
High School CSAs
C5A NUMBER
10;;"
OH-~
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Page 41 of 41
BK 3 5 6 PG r 8 9 ~