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HomeMy WebLinkAboutV(F) Approval and Authorization to Execute Interlocal Agreement with OCPS for Public School Facility Planning d OeCenter of GoodLi poi y ItemSnV F 10-07-2003 Mayor ', o .. 1 Commissioners S. Scott Vandergrift : Danny Howell, District 1 Scott Anderson, District 2 City Manager - Rusty Johnson, District 3 Jim Gleason Nancy J. Parker, District 4 STAFF REPORT DATE: September 29, 2003 TO: The Honorable Mayor and City Commissioners FROM: Jennifer Willman, Senior Planner 9tA) / THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Request Approval of the Interlocal Agreement for Public School Facility Planning ISSUE: Should the Mayor and City Commissioners approve the Interlocal Agreement for Public School Facility Planning? BACKGROUND: Senate Bill 1906 was passed in the 2002 State legislative session. This legislation included a provision that school districts and local governments execute an Interlocal Agreement to promote improved planning and coordination. The purpose of this agreement is to approve and authorize execution of the Interlocal Agreement required by Sections 163.31777(1)(a) and 1013.133(2)(a), Florida Statutes, to promote planning and coordination between Orange County Public Schools (OCPS) and the affected local governments in Orange County. A timeline for delivering a signed agreement to the Florida Department of Community Affairs (DCA) was established for each county. For Orange County, the deadline is November 1, 2003. In September 2002, OCPS convened a Task Force comprised of elected officials, staff, and private sector participants. All fourteen local governments were invited to participate, even though four municipalities (Bay Lake, Belle Isle, Edgewood, and Lake Buena Vista) were determined to be exempt from the provisions of the legislation due to no public school facilities being in or planned to be within their boundaries. Early in the Task Force discussions, it was determined that the Interlocal Agreement should initially address only the required provisions of the Statutes and rely on the staff working group, comprised of planners from the participating entities, to explore and develop more detailed procedures. An agreement was drafted in early 2003 and provided to all affected participants for their review. Our Planning and Legal staff provided comment. Most of our comments were incorporated into a revised draft. OCPS submitted this draft to DCA earlier this summer and has been determined to meet the requirements of the Statutes. The School Board approved the Interlocal Agreement on August 26, 2003, and now is asking Orange County and the municipalities of Apopka, Eatonville, Maitland, Oakland, Ocoee, Orlando, Windermere,Winter Garden, and Winter Park to approve it. September 29,2003 Honorable Mayor and City Commissioners Page 2 of 2 DISCUSSION: The agreement contains the following provisions: • Joint meetings of planning staff from all participants on at least a quarterly basis; • Development and utilization of consistent projections of population and student enrollment by all participants; • Coordination and sharing of information o Tentative District Educational Facilities Plan from OCPS o Growth and development trends from all local governments • Participation by affected local governments in evaluating school closures, major renovations and site selection. This includes local government advising on consistency of these actions with their local comprehensive plan; • Joint determination of the need and timing of onsite and offsite infrastructure improvements, including identification of responsibility for the improvements; • Land use and school capacity o School Board non-voting representative on local planning agencies o Notification to OCPS of residential land use plan map and zoning amendments o OCPS impact review of proposed residential density increases school capacity o OCPS identification of how increased enrollment impacts will be addressed; • Participation, in an advisory capacity, of the local government in the preparation of the educational plant survey; • Pursuing opportunities for co-location and joint use of School Board and local government facilities; • Resolution of disputes between the School Board and local governments; and, • An oversight process that includes at least one annual joint workshop of representatives of the County Commission, the governing bodies of each Municipality and the School Board to hear reports, discuss policy and set direction on issues of mutual concern regarding schools as well as provide an opportunity for public participation. STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve the Interlocal Agreement with OCPS for Public School Facility Planning, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. Attachment: Interlocal Agreement for Public School Facility Planning O:\Staff Reports\2003\SR03085 CC.doc INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING This Interlocal Agreement for Public School Facility Planning (the Agreement) is entered into between the School Board of Orange County (hereinafter referred to as "School Board"), the Orange County(hereinafter referred to as "County"), and the following cities and towns: City of Apopka, Town of Eatonville, City of Maitland, Town of Oakland, City of Ocoee, City of Orlando, Town of Windermere, City of Winter Garden and City of Winter Park (hereinafter referred to jointly as "Municipalities" or individually as "Municipality"). WHEREAS, the School Board, County, and Municipalities recognize their respective obligations and responsibilities for the education, nurture and general well-being of the children within their communities; and WHEREAS, the School Board, County, and Municipalities 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 locating 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, ballfields, 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 the coordination of planning between School Board and the respective local governing bodies to ensure that plans for construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services. Such planning requires, in part and without limitation, 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, in pertinent part, require each local government to adopt an intergovernmental coordination element as part of its 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 1 school board, and describes the joint processes for collaborative planning and decision making on population projections and public school siting, the location and extension of public facilities subject to concurrency, and siting facilities with countywide significance, including locally unwanted land uses whose nature and identity are established in an agreement; and WHEREAS, Sections 163.31777(1)(a) and 1013.33(2)(a), Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to jointly establish 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, County, and Municipalities enter into this Agreement in fulfillment of the foregoing statutory requirements and in recognition of the benefits accruing to their citizens and students described above; WHEREAS, the County, Municipalities and School Board have mutually agreed that coordination of school facility planning and comprehensive land use planning is in the best interests of the citizens of said County and Municipalities; and WHEREAS, the County has jurisdiction for land use and growth management decisions within its unincorporated boundaries and the Municipalities have similar jurisdiction within their respective municipal boundaries; and WHEREAS, the School Board has the responsibility to provide school facilities to ensure a free and adequate public education to the residents of the County and Municipalities; and WHEREAS, the County, Municipalities and School Board agree that they can better fulfill their respective responsibilities by working in close cooperation to ensure that adequate public school facilities are available for the residents of the County and Municipalities. NOW THEREFORE, be it mutually agreed between the School Board, the Orange County, and the City of Apopka, Town of Eatonville, City of Maitland, Town of Oakland, City of Ocoee, City of Orlando, Town of Windermere, City of Winter Garden and City of Winter Park that the procedures set forth below will be followed in coordinating land use and public school facilities planning: Section 1. Joint Meetings A staff working group comprised of one or more staff representatives from each party to this Agreement, as appointed by the respective parties, representatives appointed by the chief executive of the School Board, County, and each Municipality will meet on a quarterly basis or as called by any of the parties hereto to discuss issues and formulate recommendations regarding coordination of land use and school facilities planning, 2 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 facilities and ensure safe student access as well as the implementation of this Agreement. Representatives from the Regional Planning Council will also be invited to attend. The Senior Director for Planning and Coordination from the School Board shall be responsible for making meeting arrangements, providing notification and maintaining a written summary of meeting actions. Section 2. Student Enrollment and Population Projections In fulfillment of their respective planning duties, the School Board, County, and Municipalities agree to coordinate and base their plans upon consistent projections of the amount, type, and geographic distribution of population growth and student enrollment. Countywide five-year and ten-year population and student enrollment projections shall be revised annually and provided at the first opportunity to the staff working group described at Section 1. In preparing said population and student enrollment projections, the School Board shall coordinate with Municipalities and the County to ensure, inter alia, that new residential development and redevelopment information as provided by the Municipalities and County is reflected in updated projections. Section 3. Coordinating and Sharing of Information 3.1 Tentative District Educational Facilities Plan: Annually, the School Board shall submit to the County and each Municipality the tentative district educational facilities plan at least 90 days prior to adoption by the Board. The tentative plan must be consistent with the requirements of Section 1013.35, Florida Statutes, prior to its submittal to the County and Municipalities. The Municipalities and County shall review the tentative plan and comment to the School Board within 60 days of receiving the tentative plan on the consistency of the tentative plan with the applicable 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 for a proposed educational facility, the matter shall be resolved pursuant to Section 9 of this Agreement when required by ss. 163.3177(6)(h), 163.31777, and 1013.33(2), Florida Statutes. 3.2 Growth and Development Trends: Annually, local governments will provide the School Board with a report on growth and development trends within their jurisdiction. This report will include information as determined necessary by the staff working group described in Section 1. Section 4. School Site Selection, Significant Renovations, and Potential School Closures 4.1 Affected local governments shall participate with the School Board in the process of evaluating potential school closures, significant renovations to existing schools, and new school site selection before land acquisition. Local governments shall advise the School 3 Board as to the consistency of the proposed closure, renovation or new site with the local comprehensive plan, including appropriate circumstances and criteria under which the school board may request an amendment to the comprehensive plan for school siting. Local governments may also advise the School Board as to the effect of potential school closures, significant renovations to existing schools, and new school sites on such issues as environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, consistency with community vision and other relevant issues. 4.2 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 local government that has regulatory authority over the use of the land requesting a determination of consistency with the local government's comprehensive plan. The local government shall notify the School Board within 45 days after receiving the necessary information and the School Board's request for determination, 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 1013.33, Florida Statutes. Further, nothing in this Agreement shall constitute, or be construed to constitute, a waiver or infringement on the local government's ability to impose reasonable development condition standards and conditions for new or expansion of existing school sites pursuant to, without limitation, section 1013.33, Florida Statutes or any of the School Board's rights. Section 5. Supporting Infrastructure The School Board and affected local governments will jointly determine the need for and timing of on-site and off-site improvements 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. Notwithstanding the foregoing, nothing contained in this Agreement shall be construed to require that the School Board, the County or any Municipality to expend any monies for the construction, operation and maintenance of on-site and off-site improvements necessary to support each new school or proposed renovation of an existing school. Section 6. Land Use and School Capacity 6.1 The County and Municipalities will include a nonvoting representative appointed by the School Board on the local planning agencies, or equivalent agencies, to attend those meetings at which the agencies consider proposed comprehensive plan amendments, development proposals and rezonings that would, if approved, increase residential density on the property that is the subject of the application. 4 6.2 The County and Municipalities agree to give the School Board notification of future land use map amendments, development proposals and rezoning proposals pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided in a timely manner to facilitate comment and the planning activities of the School Board. 6.3 The School Board will advise the local government in a timely manner of the school enrollment impacts anticipated to result from the proposed future land use map amendments, development proposal or rezoning proposals, and whether sufficient capacity exists or is planned to accommodate the impacts. 6.4 The School Board will notify the relevant local government of how it proposes to meet the anticipated student enrollment demand generated by proposed development based on the School Board's Educational Facilities Plan adopted pursuant to Section 1013.35, Florida Statutes. Section 7. Educational Plant Survey Prior to completion of the Educational Plant Survey update, the staff working group established in Section 1 will assist the School Board in an advisory capacity in the preparation of the Educational Plant Survey update by, inter alia, reviewing preliminary drafts, evaluating and making recommendations regarding the location and need for new (or improvements to existing) educational facilities in terms of consistency with the local government comprehensive plan and other relevant issues provided for in this Agreement. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, 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. Section 8. Co-location and Shared Use Co-location and shared use of facilities are important to both the School Board and local governments. The School Board, County and each Municipality will pursue opportunities to co-locate and share use of school facilities and civic facilities when preparing the School Board's 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. A separate agreement will be developed for each instance of co-location and shared use which, inter alia, addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues which may arise from co-location or shared use. Section 9. Resolution of Disputes 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 5 with governmental conflict resolution procedures specified in Chapters 164 or 186, Florida Statutes or the Regional Dispute Resolution Process of the East Central Florida Regional Planning Council. Section 10. Oversight One or more representatives of the County Commission, the governing body of each Municipality and the School Board will meet at least once annually in a joint workshop session at which the public has the opportunity to be heard. A representative of the Regional Planning Council will also be invited to attend. The joint workshop sessions will be opportunities for the School Board, the County Commission, and the Municipal Commissions or Councils to hear reports regarding the implementation of this Agreement, 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 Superintendent of Orange County Public Schools shall be responsible for making meeting arrangements and providing notification. Public notice of these meetings shall be given in order that citizen oversight of the implementation of this Agreement shall be afforded. Section 11. General Provisions. 11.1 Headings. The headings or captions used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. 11.2 Severability. The provisions of this Agreement are declared by the parties to be severable only to the extent the purposes and intent of this Agreement may be achieved. 11.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 11.4 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof. Section 12. Amendment Any amendments or modifications to this Agreement must be in writing and must be executed by all parties hereto. Section 13. Termination. Any party to this Agreement may withdraw from this Agreement upon ninety (90) days written notice to the other parties to this Agreement and upon such withdrawal the withdrawing party shall no longer be bound by any provision of this Agreement. 6 Section 14. Effective Date. This Agreement shall first be approved and executed by the School Board. Upon execution by the School Board, this Agreement will be effective as between the School Board and each other signatory upon execution by such signatory and upon the state land planning agency entering a final order that the Agreement is consistent with Sections 163.31777(2) and (3), Florida Statutes. The failure of any or each of the proposed parties hereto to execute this Agreement shall not in any way affect the validity of this Agreement as between the other signatory parties hereto. PASSED AND ADOPTED this day of ,2003. 7 APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton,City Clerk S.Scott Vandergrift,Mayor (SEAL) READ FIRST TIME AND APPROVED ,2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2003. FOLEY&LARDNER By: City Attorney 8