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HomeMy Public PortalAboutInter-local Agreement -Okaloosa County School BoardINTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING This agreement is entered into between the City of Crestview and the School Board of Okaloosa County, Florida (hereinafter referred to as "School Board"). WHEREAS, the City of Crestview and the School Board recognize their mutual obligation and responsibility for the education, nurture and general well-being of the children within their community; and WHEREAS, the City of Crestview and the School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the school board and local governments by reducing student travel times and placing 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 defined 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 pressures contributing to urban sprawl and support of existing neighborhoods by appropriately locating new schools and expanding and renovating existing schools; and WHEREAS, Section 1013.33, Florida Statutes, 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, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of the 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 of 11 WHEREAS, Section 163.31777 and 1013.33, Florida Statutes, further require each county and the nonexempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS, the School Board and the City of Crestview, enter into this agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above; NOW THEREFORE, be it mutually agreed between the School Board and the City of Crestview that the following procedures will be followed in coordinating land use and public school facilities planning: Section 1. Joint Meetings 1.1 A staff working group of Okaloosa County (the "County"), the School Board, and the municipalities of Okaloosa County (the "Municipalities") will meet on an as needed basis to discuss issues and formulate recommendations 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, and ancillary infrastructure improvements needed to support the school and ensure safe student access. The Local Mitigation Strategy (LMS) Committee shall be the working group for this purpose. The Chairman of the Committee shall be responsible for making meeting arrangements and providing notification. Representatives from the Regional Planning Council will also be invited to attend. 1.2 One or more representatives of the County Commission, the governing body of each Municipality, and the School Board will meet on an as needed basis in a joint workshop session. A representative of the Regional Planning Council will also be invited to attend. The joint workshop session will provide an opportunity for the County Commission, the City Commissions or Councils, 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, and joint use opportunities. The Okaloosa County Manager shall be responsible for making meeting arrangements and providing notification. A meeting Page 2 of 11 can be called by either party to the agreement with a 30-day written notice setting a time and place. Section 2. Student Enrollment and Population Projections 2.1 In fulfillment of their respective planning duties, the County, Municipalities, 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. Countywide five-year population and student enrollment projections shall be revised annually and provided by the School Board at the first staff working group meeting described at subsection 1.1 2.2 The School Board shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136, Florida Statutes, where available, as modified by the School Board based on development data and agreement with the local governments and the Office of Educational Facilities. The School Board may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such request the School Board will coordinate with the Municipalities and County regarding development trends and future population projections. 2.3 The School Board, working with the County and Municipalities, will use the information described in Section 3.3 to allocate projected student enrollment into sub -county planning sectors so that the district -wide projections are not exceeded. The planning sectors will be established by mutual consent of the school board and local governmental staff. The allocation of projected student enrollment will be determined at the first staff meeting described in subsection 1.1. Section 3. Coordinating and Sharing of Information 3.1 Tentative District Educational Facilities Five Year Work Plan: On or before October 1 of each year, the School Board shall submit to the County and each Municipality the tentative district educational facilities plan. The plan will be consistent with the requirements of Section 1013.33, Florida Statutes, and include projected student populations apportioned geographically, an inventory of existing school facilities, projections of facility space needs, information on relocatables, general locations of Page 3 of 11 new schools for the 5-, 10-, and 20-year time periods, and options to reduce the need for additional permanent student stations. The plan will also include a financially feasible district facilities work program for a 5-year period. The Municipalities and County shall review the plan and comment in writing to the School Board within 30 days on the consistency of the plan with the local comprehensive plan, whether a comprehensive plan amendment will be necessary for any proposed educational facility, and whether the local government supports a necessary comprehensive plan amendment. If the local government does not support a comprehensive plan amendment, the matter shall be resolved pursuant to Section 8 of this agreement. 3.2 Educational Plant Survey: At least six (6) months prior to preparation of the Educational Plant Survey update, the staff working group established in subsection 1.1 will assist the School Board in an advisory capacity in the preparation of the update. The Educational Plant Survey shall be consistent with the requirements of Section 1013.33, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with the land use plan. The staff working group may assist the School District to evaluate and make recommendations regarding the location and need for new, or significant renovation and expansion of existing educational facilities with the local government comprehensive plan, and relevant issues listed at subsections 4.3, 6.6, 6.7, and 7.1 of this agreement. 3.3 Growth and Development Trends: On or before July 1 of each year, upon request by the School Board local governments will provide the School Board with a report on growth and development trends within their jurisdiction. The School Board must give 30-days notice to local governments upon this request. This report will be in tabular, graphic, and textual formats and will include the following: (a) The type, number, and location of residential units which have received approval or site plan approval; (b) information regarding future land use map amendments which may have an impact on school facilities; (c) building permits issued for the preceding year and their location; (d) information regarding the conversion or redevelopment of housing or other structures into residential units which are likely to generate new students; and Page 4 of 11 (e) the identification of any development orders issued which contain a requirement for the provision of a school site as a condition of development approval. Section 4. School Site Selection and Potential School Closures 4.1 When the need for a new school is identified in the district educational facilities plan, the School Board will establish a Site Selection Committee for the purpose of reviewing potential sites for new schools. In addition to appropriate members of the School Board, the Committee will include a representative of the County and of the municipality within which the proposed school is to be located to be appointed by the Planning Official of the municipality. 4.2 The Site Selection Committee will develop a list of potential sites in the area of need. The list of potential sites for new schools will be submitted to the local government with jurisdiction for an informal assessment regarding consistency with the local government comprehensive plan. Based on information gathered during the review, the Committee will submit recommendations to the Superintendent or designee. 4.3 The following issues will be considered by the Site Selection Committee, the School Board, the County and Municipalities when evaluating new school sites. a. The location of schools proximate to urban residential development and contiguous to existing schools site, and which provide logical focal points for community activities and serve as the cornerstone for innovative urban design, including opportunities for sharing use and collocation with other community facilities; b. The location of elementary schools proximate to and within walking distance of the residential neighborhoods serviced; c. The location of high schools on the periphery of residential neighborhoods, with access to major roads; d. Compatibility of the school site with present and projected uses of adjacent property; Page 5 of 11 e. Whether existing schools can be expanded or renovated to support community redevelopment and revitalization, efficient use of existing infrastructure, and the discouragement of urban sprawl; f. Site acquisition and development costs; g. Existing or planned availability of adequate public facilities and services to support the school; h. Environmental constraints that would either preclude or render cost infeasible the development or significant renovation of a public school on the site; i. Adverse impacts on archaeological or historic sites listed in the National Register of Historic Places or designated by the affected local government as a locally significant historic or archeological resource; J• The site is well drained and the soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements; k. The proposed location is not in conflict with the local government comprehensive plan, stormwater management plans, or watershed management plan; I. The proposed location is not within any "V" flood zone or a floodway as delineated on the National Flood Insurance Programs Flood Insurance Rate Map, or the Coastal High Hazard Area, as delineated in the map appendix for applicable comprehensive plan; m. The proposed site can accommodate the required parking, circulation, ingress/egress and queuing of vehicles. n. The proposed location lies outside the area regulated by Section 333.03, Florida Statutes, regarding the construction of public educational facilities in the vicinity of an airport. o. Safe access to and from the school site by pedestrians and vehicles, P• The proposed site can be co -located with other public facilities such as parks, libraries, and community centers. Page 6 of it 4.4 At least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the manager of the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to section 1012.33(11) and (12), Florida Statutes. 4.5 When the School District is entering the planning process for a school closure the following procedures will need to occur: (a) The School Board will prepare a report for distribution to the County and the municipalities most likely to be affected by a school closure at least ninety (90) days prior to any vote by the School Board. (b) The School Board report will contain detailed information on student enrollment, projected budget savings and other pertinent data used to make a decision on a school closure. (c) At least sixty (60) days before any vote by the School Board an authorized representative of the School Board will present the proposed school closing report to the governing body of the County or municipality in which the school campus proposed for closure is located, for informational purposes. The County or municipality will be given thirty (30) days to prepare a written response to the proposed school closure. Section 5. Supporting Infrastructure 5.1 In conjunction with the preliminary consistency determination described at subsection 4.4 of this agreement, the School Board and affected local governments will jointly determine the need for the timing of on -site and off -site improvement necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement as to the timing, location, and the party or parties responsible for constructing, operating and maintaining the required improvements. Section 6. Local Planning Agency, Comprehensive Plan Amendments, Rezoning, and Development Approvals 6.1 The County and Municipalities may include a nonvoting representative appointed by the School Board on the local planning agencies, or equivalent agencies, to represent Page 7 of 11 and/or provide comments when the agencies consider comprehensive plan amendments and rezoning that would, if approved, increase residential density on the property that is the subject of the application. The Municipalities and County may at their discretion grant voting status to the school board representative. 6.2 The School Board will appoint a representative to serve on the County's staff development review committee, or equivalent body. In addition, the School Board representative will be invited to participate in the Municipalities' staff development review committees, or equivalent body, when development and redevelopment proposals are proposed which could have a significant impact on student enrollment or school facilities. 6.3 The County and the Municipalities agree to give the School Board notification of land use applications and development proposals pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided at least fifteen (15) days prior to approval of the application. This notice requirement applies to amendments to the comprehensive plan future land use map, rezoning, development of regional impact, and other residential or mixed -use development projects. 6.4 Within ten (10) days after notification by the local government, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned to accommodate the impacts. School capacity will be reported consistent with Florida Inventory of School Houses (FISH). 6.5 If sufficient capacity is not available or planned to serve the development at the time of impact, the School Board will, within sixty (60) days after delivery of the notice under Section 6.4, specify how it proposes to meet the anticipated student enrollment demand; alternatively, within the same sixty (60) day timeframe, the School Board, local government, and developer will collaborate to find means to ensure sufficient capacity will exist to accommodate the development, such as, developer contributions, project phasing, or developer provided facility improvements. The local government will not issue final development approval until the process under this section is concluded or the sixty (60) day time period has expired, without extension by the parties, whichever shall first occur. Page 8 of 11 6.6 In reviewing and approving comprehensive plan amendments, rezoning, development proposals and other major residential or mixed use development projects, the County and Municipalities will consider the following issues: a. School Board Comments; b. Available school capacity or planned improvements to increase school capacity; c. The provision of school sites and facilities within planned neighborhoods; d. Compatibility of land use designations and zoning districts adjacent to existing schools and reserved school sites; e. The co -location of parks, recreation and neighborhood facilities with school sites; f. The linage of schools, parks, libraries and other public facilities with bikeways, trails and sidewalks for safe access; g• Traffic circulation plans which serve schools and the surrounding neighborhood and commercial areas; h. The provision of off -site signalization, signage, access improvements, and sidewalks to serve schools; and i. The inclusion of school bus stops and turnarounds. 6.7 The formulating annual updates to the Capital Improvements Program, the County and Municipalities will consider the following issues: a. Giving priority to scheduling capital improvements that are coordinated with and will meet the capital needs identified in the School Board district educational facilities plan; b. Providing incentive 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 9 of 11 Section 7. Co -location and Shared Use 7.1 Co -location and shared use of facilities are important to both the School board and local governments. The School Board will look for opportunities to co -locate and share use of school facilities and civic facilities when preparing the District Educational Facilities 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. For example, opportunities for co -location and shared use with public schools will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, co -location and shared use of school and governmental facilities for health care and social services will be considered. 7.2 A separate agreement will be developed for each instance of co -location and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from co -location. Section 8. Resolution of Disputes 8.1 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 and 186, Florida Statutes. Section 9. Site Plan Review 9.1 As early in the design phase of the site plan as feasible, but at least 90 days before commencing construction, the School Board will request a formal consistency determination from the local government with jurisdiction over the use of land. The local government will determine in writing within 45 days after receiving a request and the necessary information from the School Board whether a proposed public educational facility is consistent with local comprehensive plan and land development regulations. 9.2 If a school site is consistent with the future land use policies and land use categories that allows public schools, the local government may not deny the site plan application but may impose reasonable development standards and conditions in Page 10 of 11 accordance with section 1013.51(1), Florida Statutes. The local government may consider the adequacy of the site plan as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property, Section 1013.33(11), Florida Statutes. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the City of Crestview and the School Board of Okaloosa County, Florida on the dates indicated below to be effective as of the /3 tri day of A94-54 , 2012. ATTEST: By Superintendent of Schools ATTEST: By: 4164,)//ictr Citv''clerk 7 Print Name: 4J72-Qe-e-4/2 THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA By: Rodney Walker School Board Chairman Date: August 13, 2012 CITY OF CRESTVIEW, FLORIDA By: 1.1.0(/ David Cadle, Mayor Date: Page 11 of 11 SCHOOL DISTRICT OF OKALOOSA COUNTY SUPERINTENDENT OF SCHOOLS ALEXIS TIBBETTS, Ed.D. ATTORNEY TO THE BOARD C. JEFFREY McINNIS, Esq. August 30, 2012 Mayor David Cadle City of Crestview / City Hall 198 North Wilson Street Crestview, FL 32536 Dear Mayor Cadle, BOARD MEMBERS CINDY FRAKES CHUCK KELLEY CATHY THIGPEN MELISSA THRUSH RODNEY L. WALKER Enclosed for your records is a fully executed original of the Interlocal Agreement for Public School Facility Planning between the City of Crestview, Florida and the School Board of Okaloosa County. The agreement was approved by the School Board on August 13, 2012. If you have any questions please feel free to contact our office. Dr. Bill Smith Director of Facilities WES/dw Enclosure CENTRAL ADMINISTRATION COMPLEX - 202-A HIGHWAY 85-N, NICEVILLE, FLORIDA 32578 PHONE: (850) 301-3024 FAX: (850) 833-4205