Agenda 05/06/2003 W
%~Collier Co~
Joint Board of County Commissioners and
The District School Board of Collier County
Workshop Agenda
May 6, 2003
9:00 a.m.
Collier County Board of County Commissioners Boardroom
3301 East Tamiami Trail, Naples FL 34112
Introduction and Opening Remarks - Joe Schmitt, Jim Simms
a. Overview of requirement for coordinated and comprehensive joint planning for
school facilities planning
b. Brief overview of current 90-day agreement and timeline to finalize final interlocal
agreement
Existing and Future Schools Report - Collier County Public Schools Staff (CCPS)
a. Locations of Existing Schools/Plans for Expansions
b. Schools under Construction and Opening Dates
c. Future Schools - Locations and Estimated Year Open
Local Coordination and Public Involvement - Collier County Public Schools Staff
(CCPS) & Collier County Staff (CCS)
a. Overview of Coordination Agreement- CCPS
b. Role of School Board Representative to Planning Commission - CCPS
c. Land Acquisition Process- CCPS
d. Shared Data and Coordinated Planning for Future Schools - CCPS & CCS
e. Advanced Capital Improvement Coordination - CCPS & CCS
Proposed School Board Review Process
a. History and Background/Overview of the 1996 IA - CCPS & CCS
b. State Statutes and School Board Authority- CCPS
c. State Statutes Giving Local Authority to Review - CCS
d. Comprehensive Plan Consistency Review- CCS
e. Public School Future Land Use Map Series - CCS
f. Site Plan Review- CCPS & CCS
· Changes from the 1996 Interlocal Agreement
· Time Frame
School Speed Zones
a. County Issues
b. CCPS Issues
c. Coordinated Resolution
EXECUTIVE SUMMARY
WORKSHOP ON THE INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY
SCHOOL BOARD FOR COORDINATED LAND USE AND SCHOOL PLANNING AS
REQUIRED BY CHAPTER 2002-296 LAWS OF FLORIDA.
OBJECTIVES:
To apprise the Board of County Commissioners and the Collier County School Board of
the proposed changes to the interim interlocal agreement and to receive direction from
the Boards in order to finalize the interlocal agreement for adoption by both Boards in
May 2003.
BACKGROUND:
The 2002 Florida State Legislature enacted Chapter 2002-296 L.O.F which became
effective on May 31, 2002. The legislature requires that school boards and local
governments enter into an interlocal agreement which addresses school siting,
enrollment forecasting, school capacity, infrastructure and safety needs of schools
through a continuous joint planning and information sharing process. The minimum
requirements for the interlocal agreement are:
1) Process by which local governments and school boards agree on projections of
population and student enrollment.
2)
Process to coordinate and share information relating to existing and planned
schools, renovations, closures and local government plans for development and
redevelopment.
3) Process for participation of local governments in district decisions evaluating
closures, renovations, and new sites for acquisition.
4) Process for determining need for on-site and off-site improvements to support
district projects.
5) Process for reporting capacity based on facilities work plan.
6) Process for participation of local government in the annual update to the 5 year
district facilities work plan and the educational plant survey.
7) Process for determining when and how joint use of school or local government
facilities can be shared for mutual benefit and efficiency.
8) Process for resolution of disputes.
9) Identification of an oversight process including an opportunity for public
participation for implementation of the interlocal agreement
An optional component of the interlocal agreement is a section to address the site plan
review process. A local government may not deny a site plan application if a school site
is consistent with the future land use policies and land use categories that allow public
schools. However, the local government may impose reasonable development
standards and conditions in accordance with section 1013.33, F.S. 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.
The Department of Community Affairs (DCA) schedule for adoption by the BCC and
Collier County School Board of the mandated interlocal agreement to implement Chapter
2002-296 L.O.F. was March 1, 2003. County staff met with Collier County School Board
staff and the staff representatives of the Cities of Naples, Marco Island and Everglades
City to develop an interlocal agreement for adoption by the respective boards and
councils.
County staff felt strongly that a section dealing with the site plan review process must be
included in the interlocal agreement in order to insure that health, safety, and welfare as
well as compatibility issues are addressed. Since County staff and School Board staff
were still negotiating a site plan review process appropriate for public school facilities,
we were not able to meet the March 1, 2003 deadline. For this reason, the DCA
permitted Collier County and the School Board to submit an interim interlocal agreement
to meet the requirement to implement Chapter 2003-296.
The revised interlocal agreement is due to DCA on May 26, 2003 which is ninety (90)
days from the date that the last party executed the agreement. During this ninety (90)
day period, the County and the School Board continued negotiations on the site plan
review process and now must submit evidence of such agreement in order to remain in
compliance with Chapter 2003.296 L.O.F. The Collier County School Board is scheduled
to approve the final interlocal agreement on May 15, 2003 and the Board of County
Commissioners will review the final agreement at their May 27, 2003 meeting.
CONSIDERATIONS:
The interim interlocal agreement provided compliance with the mandate of Chapter
2003-296 L.O.F. for an additional ninety (90) day period while County staff and School
Board staff negotiated and developed a site plan review process for school facilities. It
was important to both the County and the School District to clearly identify and define
the issues and development standards that the County will consider when evaluating the
adequacy of site plans, site location, compatibility, on-site and off-site infrastructure
improvements, environmental requirements and roadway access standards. Numerous
meetings were held to identify and discuss issues. All issues have been resolved.
FISCAL IMPACT:
Chapter 2002-296 L.O.F. provides for financial sanctions against local governments and
school boards in the event that an interlocal agreement is not adopted on schedule. The
interim interlocal agreement provided the County a ninety (90) day extension to address
the site plan review issues and avoid any sanctions that could be imposed by the State.
The new deadline for adoption of the final interlocal agreement for coordinated land use
and school planning is May 26, 2003. As long as the County is in compliance with
Chapter 2003-296 L.O.F. there are no direct fiscal impacts.
GROVVTH MANAGEMENT IMPACT:
The adoption of an interlocal agreement with the Collier County School Board, as
provided in Chapter 2002-296 L.O.F., will facilitate the coordination of the
implementation of the Collier County Growth Management Plan with the planning and
siting of school facilities and supporting infrastructure.
RECOMMENDATION:
That the Board of County Commissioners and the Collier County School Board provide
direction to staff to insure the adoption of the final interlocal agreement when presented
at the May 2003 Board meetings.
'""~'// DATE:
DAVID LESANSKY /
EXECUTIVE DIRE(~TOR, FACILITIES MANAGEMENT DIVISION
J(~S~PH K. SC/~I~/IlYT, ADMI~IISTRATOR
~o~.~,~. ~.v. ^~ ..v,.o.~..~A. s..v,c.s
/!
JAMES H. SIMMS
ASSOCIATE SUPERINTENDENT/OPERATIONAL SERVICES
DATE:
DATE:
INTERLOCAL
AGREEMENT
FOR
PUBLIC SCHOOL
FACILITY
PLANNING
February 13, 2003
INTERLOCAL AGREEMENT FOR
PUBLIC SCHOOL FACILITY PLANNING
This Agreement is entered into by and between the Collier County Board
of County Commissioners (hereinafter referred to as "County") and the District
School Board of Collier County, Florida (hereinafter referred to as "School
Board"), together the Parties.
WHEREAS, the Parties recognize their mutual obligation and
responsibility for the education, nurturing and general well-being of the children
of Collier County; and
WHEREAS, the Parties recognize the benefits to the citizens and students
of their community by more closely coordinating their comprehensive land use'
and school facilities planning programs to ensure: (1) better coordination of new
schools in time and place with land development; (2) greater efficiency for the
School Board and the County by the placement of schools to take advantage of
existing and planned roads, water, sewer, parks, and drainage systems; (3)
improved student access and safety by coordinating the construction of new and
expanded schools with the road and sidewalk construction programs of the
County; (4) the location and design of schools so that they serve as community
focal points; (5) the location and design of schools with parks, ballfields, libraries,
and other community facilities to take advantage of joint use opportunities; and
(6) the location of new schools and expansion and rehabilitation of existing
schools so as to reduce pressures contributing to urban sprawl and support
existing neighborhoods; and
WHEREAS, Section1013.33 (10), 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) I and 2, Florida Statutes, 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 School Board, and describe the processes for collaborative planning
and decision, making on population projections and public school siting; and
WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires
each county, all the municipalities within that county, and the district school board
to establish by interlocal or other formal agreement executed by all affected
entities, the joint processes described above consistent with their adopted
intergovernmental coordination element; and
WHEREAS, the Parties enter into this Agreement in fulfillment of the
above referenced statutory requirements and in recognition of the benefits
accruing to their citizens and students described above; and
WHEREAS, the parties hereto are authorized to enter into this Interlocal
Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2., and Section
1013.33(2)(a), Florida Statutes; and
WHEREAS, upon the Department of Community Affairs (DCA)
acceptance of this Agreement, and upon the commitment of the Parties hereto to
abide by and seek fulfillment of the terms and conditions of the Agreement, that
DCA shall recognize the Agreement as fully satisfying Florida Statutes Sections
1013.33 and 163.3177 requirements for cooperative planning for all Parties
involved, both individually and collectively.
NOW THEREFORE, in consideration of the public benefits to be realized
from the coordinated planning and review of public educational facilities, the
Parties hereby agree as follows:
Section 1. Recitals
The foregoing recitals are adopted and incorporated by reference
as if set forth fully herein. The following procedures will be used to
coordinate public facilites planning and land use planning:
Section 2. Joint Workshop Meetings
2.1 A staff working group from the County and School Board will
meet on an as needed basis, but no less frequently than
twice per year, to formulate recommendations and discuss
issues regarding coordination of land use and school facility
planning, including such issues as population and student
enrollment projections, development trends, school needs,
co-location and joint use opportunities, and ancillary
infrastructure improvements needed to support the schools
and ensure safe student access. Representatives from the
Southwest Florida Regional Planning Council will also be
invited to attend. The School Board staff, in coordination
with the County Manager, will be responsible for making
meeting arrangements and providing the necessary
notification for the first meeting in 2003. Thereafter, the
process for meeting notification will be as established by a
majority of the members of the working group then present.
2.2 One or more of the elected members of the County
Commission and the School Board will meet every other
year in joint workshop session. Additional workshops may be
held upon request by either the County Commission or the
School Board. The joint workshop sessions will be
opportunities for the County Commission and the School
Board to build consensus, and set direction regarding
coordination of land use and school facilities planning,
including, but not limited to the following: population and
student estimates and projections, development trends,
school needs, off-site improvements, and joint use
opportunities. The County Manager and School Board
Superintendent will be jointly responsible for making meeting
arrangements and providing notification for the joint
workshop.
Section 3, Student Enrollment and Population Projections
3.1 In fulfillment of their respective planning duties, the County
and the School Board agree to coordinate their respective
plans based upon agreed upon projections of the amount,
type and distribution of population growth and student
enrollment.
3.2 The School Board shall utilize the Department of Education
(DOE) five-year county-wide student enrollment projections.
The School Board may request that the DOE projections be
adjusted to reflect actual enrollment and development trends
not anticipated by the DOE projections. In formulating such a
request the School Board will coordinate with the County
regarding future population projections and growth. Five-
year population and student enrollment projections shall be
revised annually to ensure that new residential development
and redevelopment information provided by the County are
reflected in the updated projections.
3.3 The County staff, in coordination with the School Board, will
use information on County growth and development trends
for unincorporated areas, such as census information on
population and housing characteristics, persons-per-
household figures, historic and projected growth rates, and
the information described in Subsection 4.2 of this
Agreement, to project residential units by type for five years
(single family, multi-family and mobile home) and allocate
these units into sub-county planning sectors, such as
student attendance zones consistent with county-wide
projections. The planning sectors will be established by
mutual consent of the School Board and the County. The
allocation of residential units by type and planning sector will
be provided to the School Board by September 1st of each
year.
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3.4 The School Board will evaluate the planning sector
projections prepared by the County. The School Board
working with the County will develop and apply student
generation multipliers for residential units by type for schools
of each type, including, but not limited to, traditional public
elementary, middle and high schools, as well as, charter,
alternative and vocational schools, considering past trends in
student enrollment within specific planning sectors in order
to project school enrollment. The school enrollment
projections will be included in the Educational Facilities
Report provided to the County each year as specified in
Subsection 4.1 of this Agreement.
3.5 Population Projections: Coordination regarding the update of the
County population projections, their allocation into planning
sectors, and conversion into projected student enrollment will
occur on an annual basis at the staff working group meeting
described in Subsection 2.1 of this Agreement. The revised
projections and the variables utilized in making the projections
will be reviewed and established by agreement of the staff
working group.
Section 4. Coordinating and Sharing of Information
4.1 Educational Facilities Report: By November 1st of each year,
the School Board shall submit to the County an Educational
Facilities Report. The Report will contain information in
tabular, graphic, and textual formats detailing existing and
projected school enrollment, existing educational facilities,
their locations, the number of portable units (hereinafter
"portables") in use at each school, and projected facility
needs. The Report will also contain the School Board's
capital improvement plan, including planned facilities with
funding over the next 5 years, and a description of any
unmet needs. The Report will provide data for each
individual school concerning school capacity based on DOE
criteria and enrollment of each individual school based on
actual student counts. The Report will show the generalized
locations in which new schools will be needed, along with
planned renovations, expansions and closures of existing
schools. The Report will indicate properties the School
Board has already acquired through developer donation, or
properties for which there is a developer obligation to
provide property to the School Board, at the School Board's
discretion, or properties acquired through other means that
are potential school sites.
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4.2
Growth and Development Trends: On September Ist of
each year, the County will provide the School Board with
a report on annual growth and development trends. The
report will contain information in tabular, graphic and
textual formats and will include information regarding
development approvals for the preceding year as follows:
(a)
the type, number, and location of residential
dwelling units which have received zoning
approval, final subdivision plat approval, or site
plan approval;
(b)
a summary of all comprehensive plan
amendments to include a description of any land
use changes and the location of the affected area;
(c)
the number of building permits issued for new
residential dwelling units and the location of such
residential dwelling units;
(d)
(e)
information regarding the conversion or
redevelopment of housing or other structures into
residential dwelling units which are likely to
generate new students; and
identification of any development orders issued
which contain a requirement for the provision of a
school site as a condition of development
approval.
The estimated number of students generated from the development
approvals from new residential dwelling units will be used in the
data and analysis to support the annual update of the School
Board's Five-year Capital Facilities Plan.
Section 5. School Site Selection
5.1 The School Board will establish an informal site evaluation
committee for the purpose of reviewing potential sites for
new schools and proposals for renovation, expansion and
closure of existing schools, and making suggested
recommendations to the District Site Selection Committee,
the Superintendent and the School Board. The site
evaluation committee will be a standing committee and will
meet on an as needed basis. In addition to appropriate
members of the school district staff, the informal site
evaluation committee will include at least one County staff
member appointed by the County Manager. The committee
5.2
membership will be expanded as needed to include
additional County staff. When the need for a new school site
is identified in the district facilities work program, the site
evaluation committee will develop a list of potential sites in
the area of need identified in the educational plant survey.
The list of potential sites and list of schools proposed for
renovation, expansion or closure will be submitted to the
County for an informal assessment regarding consistency
with the County comprehensive plan including:
environmental suitability, transportation and pedestrian
access, availability of infrastructure and services, safety
concerns, and land use compatibility. In addition,
consistency with community vision and other issues such as
student assignment that have a bearing on site suitability will
be commented upon. The issues identified in Subsection 5.2
of this Agreement will also be considered by both the' County
and site evaluation committee as each potential site and
each school proposed for renovation, expansion or closure is
evaluated. Based on the information gathered during this
review, the site evaluation committee will make a
recommendation to the District Site Selection Committee
concerning the selection of potential school sites in order of
preference, and, if applicable, schools proposed for
renovation, expansion or closure in order of preference.
The following matters will be considered by the informal site
evaluation committee, the County and the School Board
when evaluating potential school sites or the expansion or
rebuilding of existing schools, including charter schools:
a. The location of school sites that will provide
logical focal points for community activities
such as the community facilities itemized in
Subsection 9.1 and serve as the cornerstone
for innovative urban design standards,
including opportunities for shared use and co-
location of community facilities.
b. The location of new elementary and middle
schools proximate to residential
neighborhoods.
c. The location of new schools within reasonable
walking distance of the residential dwelling
units served by the schools, as practicable,
under the student assignment program.
6
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The location of new high schools on the
periphery of residential neighborhoods, with
access to major roads.
Compatibility of the school site with present
and projected uses of adjacent property.
Encouragement of community redevelopment
and revitalization and efficient use of existing
infrastructure and discouraging urban sprawl.
Land availability, site acquisition and
development costs, and degree of
urbanization.
Safe access to and from the school site by
pedestrians and vehicles.
Availability of public facilities and services
necessary to serve the proposed school,
concurrent with the impacts of the school.
Environmental constraints that could preclude
development of a public school on the site if
mitigation is not available or practicable.
Impact on archaeological or historic sites listed
in the National Register of Historic Places or
designated by the County as a locally
significant histodc or archaeological resource.
Soil characteristics that indicate the proposed
site is suitable for development or is adaptable
-for development and outdoor educational
purposes with the provision of drainage
improvements.
The proposed location in relation to County
stormwater management plans or watershed
management plans.
The proposed location in relation to the velocity
flood zone, a floodway, or the Coastal High
Hazard Area, as delineated in the County
Growth Management Plan.
The ability of the site to accommodate the
required parking, circulation and queuing of
vehicles.
5.3
The proposed location in relation to any
airports considering the requirements of
Section 333.03, Florida Statutes, which
regulates the construction of public educational
facilities in the vicinity of an airport.
As early as practicable, but no less than 60 days prior to
acquiring or leasing property that may be used for a new
public educational facility, or initiating the renovation or
expansion of an existing school, the School Board shall
provide written notice of same to the County. The County,
upon receipt of this notice, shall notify the School Board
within 45 days if the proposed new school site or the
proposed renovation or expansion of an existing school is
consistent with the land use categories and policies of the
County's Growth Management Plan. This preliminary notice
does not constitute the County's determination of
consistency pursuant to Section 1013.33(11 ), Florida
Statutes.
Section 6. Supporting Infrastructure
In conjunction with the preliminary consistency determination described at
Subsection 5.3 of this Agreement, the School Board and the County will
jointly determine the need for, and timing of, on-site and off-site
infrastructure improvements necessary to serve each new school or the
proposed renovation, or expansion of an existing school, and will enter
into a written agreement as to the timing and location, and the entity or
entities responsible for constructing, operating and maintaining the
required improvements.
Section 7. Comprehensive Plan Amendments, Rezonings, and
Development Approvals
7.1 The County will include a nonvoting representative
appointed by the School Board on the local planning agency,
or equivalent agencies, to attend those meetings at which
the agency considers comprehensive plan amendments and
rezonings that would, if approved, increase residential
density on the property that is the subject of the application.
The County may, at its discretion, grant voting status to the
School Board representative. The School Board will receive
local planning agency's agendas and appropriate backup
materials from the County and will review and comment as
appropriate.
7.2
7.3
7.4
7.5
The County will provide the School Board notification of all
land use applications and development proposals pending
before it that may affect student enrollment, enrollment
projections, or school facilities. Such notice will be provided
at least 14 days prior to approval of the application. This
notice requirement applies to amendments to the Growth
Management Plan, Future Land Use Element and Map
rezonings, developments of regional impact, and other major
residential or mixed-use development projects.
After notification by the County, the School Board will advise
the County 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 in order to accommodate the impacts. School
capacity will be reported consistent with DOE criteria.
Based on the DOE definition of adequate capacity, if
sufficient capacity is not available or planned to serve the
development at the time of impact, the School Board shall
specify how it proposes to meet the anticipated student
enrollment demand; alternatively, the School Board, County,
and developer may collaborate to find a means to ensure
that sufficient school capacity will be available to
accommodate the residential development, such as,
developer contributions, project phasing, required facility
improvements and school impact fees.
In reviewing and approving land use applications, rezoning
requests and development proposals, the County will
consider, if applicable, the following issues when requested
by the School Board:
a. Providing school sites and facilities within planned
neighborhoods. ~
b. Insuring the compatibility of land uses adjacent
to existing schools and reserved school sites.
c. The co-location of parks, recreation and
community facilities with school sites.
The linkage of schools, parks, libraries and
other public facilities with bikeways, trails, and
sidewalks.
Insuring the development of traffic circulation
plans to serve schools and the surrounding
neighborhood.
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7.6
Providing off-site signalization, signage, access
improvements and sidewalks to serve all
schools.
The inclusion of school bus stops and
tumarounds in new developments.
ho
Encouraging the private sector to identify and
implement creative solutions to developing
adequate school facilities in residential
developments.
School Board comments on Growth
Management Plan amendments and other
land-use decisions.
Available school capacity or planned
improvements to increase school capacity.
In formulating community development plans and programs,
the County will consider the following issues:
a=
Target community development improvements
in older and distressed neighborhoods near
schools.
Coordinate County programs and capital
improvements that are consistent with and
meet the capital needs identified in the School
Board's school facilities plan.
Co
Encourage developments and property owners
to donate school sites at predevelopment
pdces, assist with the construction of new
facilities or renovation to existing facilities, and
provide transportation alternatives.
Address and resolve multi-jurisdictional public
school issues.
Section 8. Educational Plant Survey and Five-Year District Facilities Work
Program
8.1 At least one year pdor to preparation of the educational plant
survey update, the staff working group established in
Subsection 2.1 of this Agreement will assist the School
Board in an advisory capacity in the preparation of this
update. The staff working group will evaluate and make
recommendations regarding the location and need for new
l0
8.2
educational facilities, or improvements to existing
educational facilities in terms of consistency with the County
Growth Management Plan, and relevant issues listed at
Subsections 5.2, 7.5 and 9.1 of this Agreement.
The School Board will provide the proposed annual update
of the five-year district facilities work program to the County
for review and comment for consistency with the County
Growth Management Plan prior to adoption. The County
may provide wdtten comments to the School Board within 30
days following receipt of the proposed work program.
Section 9. Co-location and Shared Use
9.1 Co-location and shared use of facilities are important to both
the School Board and the County. The School Board will
look for opportunities to co-locate and share use of school
facilities and civic facilities when preparing the Educational
Plant Survey. Likewise, co-location and shared use
opportunities will be considered by the County when
preparing the updates to its Growth Management Plan,
Schedule of Capital Improvements and when planning and
designing new, or renovating existing, community facilities.
For example, opportunities for co-location and shared use
will be considered for libraries, parks, recreation facilities,
community centers, auditoriums, learning centers, museums,
performing arts centers, and stadiums. In addition, where
applicable, co-location and shared use of school and
governmental facilities for health care and social services will
be considered.
9.2
A separate agreement between the School Board and the
County or appropriate entity, 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.
Section 10. Oversight Process
The School Board and the County Commission shall each appoint a citizen
member to serve on an oversight committee to monitor implementation of this
Interlocal Agreement. Oversight Committee members shall be invited to attend all
meetings referenced in Sections 2 and 5 hereof and shall receive copies of all
reports and documents produced pursuant to this Agreement. The committee
shall appoint a chairperson, meet at least annually, and report to the County
Commission and the School Board and the general public on the implementation
of this Agreement together with its effectiveness.
l!
Section 11. Site Plan Review
Projects initiated by the School Board shall comply with applicable site
development plan review requirements as set forth in a separate intedocal
agreement, which further refines and delineates the provisions and scope of site
development plan review requirements for future School Board projects.
Section 12. Resolution of Disputes
If the Parties to this Agreement are unable to resolve any issue relative to this
Agreement and with in which they may be in disagreement, such dispute will be
resolved in accordance with governmental conflict resolution procedures
specified in Chapters 164 and 186, Florida Statutes.
Section 13. Amendment and Termination of Agreement
Either party may elect to withdraw from participation in this Agreement upon
official action of its governing body and after 30 days wdtten notice to the other
party to this Agreement.
Section 14. Execution
This Agreement may be executed in any number of counterparts, each of which
will be deemed an original, but all of which together will constitute one and the
same instrument and be the Agreement between the parties.
Section 15. Expiration
The term of this Agreement shall expire ninety (90) days from the date the last
party executes this Agreement unless the separate interiocal agreement
referenced in Section 11 is executed by the Parties prior to that ninety (90) day
period. The DCA will be notified if this Agreement expires pursuant to this
Section.
IN WITNESS WHEREOF, this Inted0cal Agreement has been executed by the
Parties by their duly authorized officials on the date set forth below.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
By:
TO--M~'I"~N N I N~
Date:
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Approved as to form and legal sufficiency:
David C~eigel, Count{j-Attomey
ATTEST:
By:
Dr. Dan White, Superintendent
COLLIER COUNTY SCHOOL
BOARD
- LTn'd,~A~b?o~, Chair
Approved as to form by:
396360_1
t3
INTERLOCAL
AGREEMENT
FOR PLANNING
AND SITE
REVIEW
Working Draft
As of May 2, 2003
5/2/03
Ti~e:
12,16 PM TO: @ 2544390
R&A NAPLES PAX Page: ,02-020
~E~OC~ AG~E~NT FOR PLUG
~ SITE PL~ ~W
THIS AGREEMENT made this __ day of May, 2003, ("Effective Date") by and
between Collier County, a political subdivision of the State of Florida, hereinafter referred to as
the "County" and thc Collier County School Board, a public agency of the State of Florida,
hereinafter referred to as the "School Board."
WHEREAS, thc County and the School Board have established and maintained a
cooperative and productive relationship with regard to the exchange of information on matters of
mutual interest including, but not limited to, the coordination of planning efforts to ensure that
support services are available for public educational facilities in the unincorporated area of
Collier County; and
WHEREAS, Section 1013.33(1), Florida Statutes (2002), sets forth the policy of the State
with regard to the coordination of planning between school boards and local governing bodies to
ensure that plans for the construction and opening of p~blic educational facilities are facilitated
and coordinated in time and place with plans for residential development, concurrently with other
services; and
WHEREAS, Section 1033.33(9), Florida Statutes, in order to encourage and facilitate
such planning, provides that the School Board and the County must share and coordinate
information related to existing and planned public sch(~)l facilities, proposals for development,
redevelopment or additional development, and infrastructure required to support the public school
facilities concurrent with the proposed development; and
WHEREAS, the County and School Board have'shared such information for numerous
years including under the 1996 lnterlocal Agreement between the parties, and continue to share
such information so that each entity can assist the other in reaching its goals and objectives; and
WHEREAS, Section 1013.33(12), Florida Statutes, sets forth thc policy of thc State with
regard to an expedited process to determine consistency with the local government's
comprehensive plan and land development regulations, which review by the County shall not
exceed 90 days, and Sections 5 of this Agreement detail.,, a formal consistency review; and
WHEREAS, Section 1013.33(13), Florida Statutes, provides that a local goveming body
may not deny the site application on the adequacy of the site plan as it relates solely to the needs
of the school and Section 1013.33(14), Florida Statutes, authorizes the School Board and the
County to establish, by agreement, a process for reviewing a proposed educational facility site
plan, including the identification of off-site impacts of a proposed educational facility, and
Section 6 of this Agreement details a School Board Review process to delineate a formal
procedure consistent with State Statute; and
WHEREAS, through this Agreement the Count~' and the School Board wish to maintain
and enhance their cooperative and productive relationship regarding the exchange of information
relating to planning efforts and public facilities.
NOW, THEREFORE, it is hereby agreed as follows:
1. The above recitals are true and correct and are ir~c0rporated herein.
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This Agreement is made pursuant to Section 1013.33, Florida Statutes, the Florida
Interlocal Cooperation Act of 1969, and Chapter 1013, Florida Statutes, and terms used
herein shall have the meaning set forth in such legislation. Specifically, the following
terms as used in this Agreement shall be defined as follows:
a. "Adjacent" means lying near or adjoining.
"Ancillary Plant" is comprised of the building, site and site improvements
necessary to provide such facilities as vehicle maintenance, warehouses,
maintenance, or administrative buildings necessary to provide support services to
an educational program.
c. "Auxiliary Facility" means the spaces located at educational plants which are not
designed for student occupant stations.
"Educational Facilities" means the buildings and equipment, structures, and
special educational use areas that are built, installed, or established to serve
primarily the educational purposes and secondarily the social and recreational
purposes of the community and which may lawfully be used as authorized by the
Florida Statutes and approved by the Collier County School Board.
"Educational Plant" comprises the educational facilities, site and site
improvements necessary to accommodate students, facility, administrators, staff,
and the activities of the educational prog'am of each plant.
"County's implementing land development regulations" means the Collier
County Land Development Code ("LDC'), including the zoning regulations and
development regulations contained and p,~ferenced therein.
"1996 lnterlocal Agreement" means lhe Interlocal Agreement between the
Collier County School Board and Collier County as recorded in Official Records
Book 2207, Pages 1729 et seq., which bears an effective date of June 25, 1996.
h. "School Board Review" ("SBR"), means a process for site plan review for
schools as set forth in this Agreement.
"State Requirements for Educational Facilities" ("SREF") means the Florida
Department of EduC~llion State Requirements for Educational Facilities, effective
1999, as amended.
Pursuant to Section 1013.35(2), Florida Statute:~ (2002), School Board shall submit to
County annually, a tentative district educational facilities plan. The tentative educational
facilities plan must contain information detailing existing educational facilities and their
locations and projected needs. The report must also contain a financially feasible district
facilities work program, including planned facilities with funding over the next three
years, and the educational facilities representing the school district's unmet needs. It is
the intent of the School Board and the County fi:at such reports provide a basis to allow
the parties to adequately coordinate on future public educational facility siting and
construction and to foster timely cooperation on such mailers.
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4. The Growth Management Plan (Future Land Use Element (FLUE) and Golden
Gate Area Master Plan (GGAMP) and Immokalee Area Master Plan (IAMP)) in effect at
the time that development orders are requested will determine the land use categories and
districts that pemfit or prohibit schools (educational plants) and school thcilities
(~ancillar¥ vlants) within Collier County. The Cotmty will initiate amendments to the
Growth Management Plan (Future land Use Element (FLUE), golden Gate Area Master
Plan (GGAMP) and Immokalee Area Master Plan (IAMP)k so as to allow these uses in
zoning districls as follows, except to tl3e extent that such would be in conflict ,adth the
Rural Fringe Mixed Use District adopted on Jtme 19, 2002:
Ancillary plants permitted by right: C-4, General Commercial; C-5, Heavy
Commercial; and, I, Industrial,
Ancillary plants prohibite~l: RSF-I through RSF-6, Residential Single Family~
Mtt, Mobile Home; TTRVC. Travel Trailer-Recreational Vehicle Campgr_oun~d'
GC, Golf Course~ and, CON. Conservation.
AncillaD' plants permitted by conditional use: all other zoning districts.
Educational plants prohibited: RT. Residential Tourist; GC, Golf Course; CON..
Conservation: TTRVC, Travel Trailer-Recreational Vehicle Campground; BP,
Business Park; and, 1, Industrial.
Educational pla.nts permitted by right: all other zoning districts. Provided t~rther.
however, that for em¥ high school to be located in a residential zoning distric!
(RSF. RMF. MH, VR, Vil'!age Residential, ttad residential components of PUDs),
a cotnpatibility review will be required.
5. Further, the parties reco,~$fize that PUD zoning is prevalent in Collier County, an_4d
as such, schools and school facilities are permissible uses in PUD designations if
specifically set lbrth in the PUD document ,and approved by the Board of County
Commissioners ms a permitted principal use. The County a411 consider an amendment to
the Growth Management Plan which allows Educational Facilities as permissible uses in
all PUDs. The County will further consider an amendment to the Growth Managemen!
Plan that will allow a PUD to be amended to provide for a school, without fitrther righ!
.by the County to review the PUD, except fbr those impacts that are related solely to the
school. The County will further contact the School Board, at the time that a PUD
application is presented to the County for review, a:; to whether a school is necessary in
the PUD. Further, if the County reviews the PUD at any .time after its creation under the
PUDs "stmset" provision, the Cotmty will contact the School Board, and the County will
consider, with the School Board's input, whether a school should be included in the PUD
at that review. Schools within a PUD will be subject to the School Board Review process
.as provided lbr herein.
3
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6. Existin~ Educational Plants and A,millm3, Plants.
A. Those Educational Plants and Ancillary Plants as of the date of this Agreement
shall be deemed consistent with the FLUE, GGAMP or lAMP, as applicable. All
existine, developed educational plant and ancillar~ plant sites - inclusive of the fbur
educational plants under construction at time of this Agreement (Site E: Sabal Palm.
Intermediate Site 600, Intermediate Sit,e 400, mid Golden Gate High School} - will be
identified on the Future Land Usc Map or Map Series to be adopted into the Future Land
Use Element, at the initiation of Collier County at its expense. The additional of these
sites on the FLUM in no way impedes the School Board's ability to proceed with any
..Coun_ty_ review that may be necessary under this agreement, or in!pedes the
commencement of construction, if necessary.
B. On-site expansions shall be subject to the School Board Review process
delineates herein.
C. EXPansions beyond the legal description of the existinK sites shall be subject to
the Consistency review and SChool Board Review pr.o...cess established herein.
In order to meet future needs and maximize the use of the public's tax dollars and to
comply with the legislative _mandate to plan for future schools, the School Board has
purchased a number of sites for future educational, auxiliary and ancillary facilities. The
sites were purchased pursuant to the 1996 Interlocal Agreement. The location of these
sites are consistent with the comprehensive plan and land development regulations for
future educational, auxiliary and ancillary facilities, by adoption of this agreement, as
follows:
1. Intermediate Center South- 44th Terrace S.W,.. Proposed elementary school
2. Intermediate Center'North- 50th Terrace S.W.~ Prot~osed elementary school
3. Intermediate Center on Hunter Blvd.- Propo~,.ed F~lementar¥ School
SchocJl Site G- Golden Gate Commercial Pm'lc PUl), Proposed Elementary School
5. School Site I -Futurc E/W Livingston Road, Proposed Elememarv/ Middk,
School
6. School Site M- Lely Resort PUD, Proposed F.lementarv/Middle School
7. Livingston Road School Site, East Side of Livingston Road, Proposed
Elementary/Middle Schools -
8. Rattlesnake Hammock Road Sitc- Adiacem to South County Bus Compound
..Proposed Transportation Facilit3~' ....
4
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9. School Site BB- West Side of Livingston Road, Proposed Middle School
10. School Site E- 18th Ave. N.E., Proposed Ele~nentary/Middle School
11. School Site F- SW comer of Everglades Blvd. and 60"' Ave. N.E.. Proposed
iElementarv/Middle School
12. School Site J- N.W. Comer of Everglades Blvd. and 12th Ave. S.E_ Proposed
Elementary/Middle Schools
13. School Site EE- 18th Ave. N.E., Proposed Elementary/Middle School
14. School Site BBB- Oil Well Road. Orange Tree PUD. Proposed Elementary.
Middle/High School or Transportation facilit7
15. School Site H mad CC- BIue Sage Dr., Proposed Elementary/Middle School
16. School Site L and iEEE- North of 13m Street N.W., Elementary/ Middle/ High
School/Transportation Facility
17. School Site DD and DDD- South of 20t~ St. S.E., Proposed .Elementary/Middle/
High SChool, as to those areas within the neutral rural fringe area.
18. Immokalee School Site- North Side of Lake Vrafford Road, Proposed Elementary/
Middle Schools
19. hnmokalee Maintenance and Transportation Satellite. State Rd. 29, Proposed
Transportation Facility'
Some of the existing owned but undeveloped sites for educational plants and ancillary
plants~ listed above, m'e within the Rtwal Fringe area. an area subject to the Final Order
No. AC-.99-002 issued June 22, 1999, by the Governor and Cabinet of the State of Florida
sitting a~' the Administration Commission. Purstmnt to the Final Order, amendments to
the GMP were adopted on June 19, 2002, including-the Rural Fringe Mixed Use District~
these amendments were subsequently found to i:.e 7in compliance" by the Florida
Department of Community Affairs but two Challenges were filed to that compliance
finding, Accordingly, those amendments are not yet in effect: this affects the consistency
determination fbr all sites in the Rttral Fringe area. Also, some of the educational plm~t
sites are in an area that is subject to a .specific req.firement for pertbrmance of a Red-
cockaded Woodpecker study; the results of that study could lead to an amendment to
change the land usc designation, thereby affecting the consistency determination for those
sites. And, some of the cducational plant sites, and an ancilla~' plant site, are in an area
that is eligible for submittal of environmental data to demonstrate appropriateness of a
land use designation chm~ge; this could potentially result in a land use designation
change, thereby affecting the consistency determination for those sites.
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"' ..... ~'""~ '":' ...... ~':"" .... ' ............ '""'";~';'~ .... 4l ......: ...... irk ',h h
.... .... , J¢'""t"' ,¢:I,,~,,,~,,,c""'; .... ,,'4 (,,d-r ,,~C ,,:~'"~l .................. ...... "'~,r-, ............ ................. ' .,o,.'1"'; ......... l.,° 1... ...... ~.[¥;;.G~;.j~fr,~,
...... ~,,~ /~*~ ,~ ,~,0,,~3 ........ · ...... ~,,,* w,0~, HI./"0 ..... ,Z,, ,~,~,,0~,~,o. ~ ~,~O. ~
The parties acknowledge that due to the change in the population figures and
legislation, certain sites may be designated for other purposes upon party agreement.
7. Existing. Ow,ned But Undeveloped Sites
A. For those existing owned but undeveloped shes listed above, the uses listed above
shall be allowed as a matter of right. All such sites will be identified on the Future Lm~d
Use Map or Map Series to be adopted into the Future Land Use Ele~nent, at the initiation
of Collier Cotmtv at its expense. For sites within the Rural Fringe area desi[,mated as
Neutxal Lands: the site area and school size shall be subject to the General Education
Facilities Report submitted annually by the Collier County School Board to the Board of
County Commissioners; and, the site must comply with the State Requirements 'for
Educational Facilities adopted by the State Board of Education. The mapping of these
sites by the County in no way impedeg the School Board's abiliv/to proceed with any
County review that may be 'necessm3' under this agreement~ or impedes the
commencement of consu-uction, if necessary.
B. For those existing owned sites not listed above, that are not consistent with
Iocational criteria in the FLUE, GGAMP or IAMp, a.s applicable~ the Collier Com~ty
School Board ma.v, at its expense, initiate an amendment to the appropriate Element so as
to make such a site consistent with Iocational criteria. Additionally. however, any such
site must also be located within a zoning district ti-tat allows the fhcility as a permitted
p. dncipal use. or a rezone petition, or conditional use petition, as applicable, nmst be filed
and approved m~d remain valid in order for the use to be allowed as a matter of right. The
filing and expense of any neceyary rezone or conditional use petition shall be the
responsibility of the Collier County School Board. Subsequent to the amendment to the
appropriate Element becoming effective, and, if necessa~', any rezone or conditional use
approval, Collier County will. at its expense, initiate an amendment to the Future Land
Use Map or Map Series to add the site. The mapping of these sites bv the County in no
way impedes the School Board's ability to proceed w/th any County review that may be
necessary under this agreement, or impedes the commencement of construction, if
necessary.
C. Any future expansions beyond ihe legal description of the existing educational
plant sites shall be subject to the Consistency review procedure aa~d the School Board
Review process established herein.
68..The County shall consider the adoption of ma.'-.' ,--,,,v, a text amendment to County's
Comprehensive Plan to the extent that the County wishes to place future School Board
sites on its Future Land Use Map (FLUM), and to provide the process for consistency
review with its comprehensive plan and LDC consistenc_Tt with this Agreement. Such
designation of future School Board sites on ~he FLUM is not a prerequisite to a
2544390 R&A NAPLES FAX
consistency determination or review of its site plan or commencing construction on such
property.
9. The parties agree to the following treatment of thture site acquisition
Educmional Plants and Ancillary Plants with the Growth Management Plan.
If consistent with Iocational criteria in the FLUE, GGAMP or lAMP. ,as
applicable, then the Plant shall be allowed as a matter of right. Once acquired.
the site will be identified on the Future Land Use Map or Map Series to be
adopted into the Future Land Use Element, at the initiation of Collier Comity
at its expense. The mapping of these sites by the County in no way impedes
the School Board's ability to proceed with any County review that may be
necessary trader this agreement, or impedes the cormnencement of
Construction, if necessary.
(2) If consistent with loeational criteria in the FLUE. GGAMP or
lAMP, as applicable, but is within a PUD that does not allow Educational or
Ancillat:¥ Plants as a permitted principal use, then the plants shall not be allowed
unless and until the Growth Management Plan is amended as set forth in Section 5
to this Agreement or. if the GMP is not vet amended, m~ amendment to the PUD,
at the initiation of Collier County School Board at its expense, is approved
thereby allowing such Plants as a permitted l~.rincipal use. Subse~,uent to any such
PUD amendment approval, and acquisition by the Collier County School Board,
Collier County will, at its expense, initiate an amendment to the Future Land Use
Map or Map Series to add the site. The mapping of these sites by the County in no
way. impedes the School Board's ability to proceed w/th any County review that
.may be necessary under this agreement, or imvedes the commencement of
construction, if necessary.
(3) - If either not consistent with locational criteria in the FLUE, GGAMP o:
IAMP, as applicable, or is not within a PUD and is within a zoning district that
does not allow the Plaa~t ms a Permitted print, irma! use, then the Plant shall not be
allowed unless and m~til an amenchnent is filed, at the initiation of lhe Collier
County School Board at its expense, to add the site to the Future Land Use Man
or Map Series, and that amendrhem is approved and becomes eftEctivc, and thee
site is acquired by the Collier County School Board. Thereafter, the educational
plant shall be allowed on the site as a matter ofrieht.
(4) Any thture expansions beyond the le;~al description of the Educational or
Ancillary Plant sites slmll be subject to the Consistency review and the School
Board Review process as defined herein.
10. The following process will be followed with respect to future educational, auxiliary and
ancillary facilities for determination of consistency with Collier County's Comprehensive Plan
prior to acquisition:
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Prior to acquiring or leasing property fox public educational facilities or auxiliary
facilities, the School Board and Count~' will follow the procedures set forth at
Section 5 of the Interiocal Agreement for Public School Facility Planning. Once
the County has determined that the site i:; consistent with the comprehensive plan
and relevant land development regulations, the School Board shall have up to one
year to acquire the site. Once the site is acquired, the site shall be deemed to
remain consistent regardless of later chaages to either the comprehensive plan or
land development regulations.
For projects within the jurisdiction of Collier County, prior to acquisition, the
School Board will request a preapplicafion meeting with the County regarding
site development and information to determine the appropriateness of the site.
The pro-application meeting will discuss the location of schools including
proximity to residential areas, strategies to ascertain availability of infrastrucmro
necessary to support proposed schools and school facilities including, but not
limited to, potable water, wastewater, ~rainage, solid waste, transportation and
means to assure safe access to schools, b.>th vehicular and pedestrian.
The School Board shall submit a request for consistency with the Comprehensive
Plan as contemplated in Section 1013.33(12) utilizing information gathered in the
pre-application meeting and fi.om other agencies. County agrees to complete such
consistency review within 45 days cf submittal. The information to be
submitted for determination of consistency are as follows:
Land Use. A general location map showing surrounding development
with the subject prOPerty outlined, provide a recent aerial of the site
showing boundaries, source and date and provide a map and summary
table of existing land use and zoning within a radius of 300 feet from the
boundaries of the subject property.
Future Land Use Designation. A map of the subject property, designate
ehch use, such as .elementary, middle or high school and whether such
use includes a stadium, with acreage tables for each land use designation.
Environmental. A recent aerial and summary table of native habitats and
soils occurring on the site, provide a summary table of Federal and State
listed plant and animal species known to occur on the site and/or known
to inhabit biological communities similar to the site and identify historic
and archaeological sites on the subject property.
Growth Management. Identification, if applicable, of any Area of
Critical State Concern, Development of Regional Impact, and whether
the subject property is intended 1br immediate development is and which
intended for inclusion in the School Board's capital plan projection.
Public Facilities. The School Board will indicate the proposed existing
Level of Service Standards {LOS) and the School Board's provider and
method of treatment for potable water and sanitary sewer services,
Arterial and Collector roads, drainage and solid waste. Where
applicable, service availability letters will also be provided. The School
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Board will provide a map detailing the location of existing services and
public facilities that will serve the subject property.
The School Board will identify, if applicable, any flood zone, wcllfield,
Traffic Congestion~ Boundary, Coastal Management Boundary, and High
Noise Contours, which relate to ~:he subject property.
Letter of Consistency Al~er the County review the Planning Services Director
or his designee shall issue a Letter of Consistency which shall evidence the
County's determination of consistency as required by Section 1013.33(12).
The following Will be followed with respect to ~11 school sites prior to construction, and
establishes the process ora School Board Review:
At least 90 days prior to commencing construction, the School Board shall
submit the site plan for the proposed school and auxiliary facilities, if any, to the
County for School Board Review (SBR) approval. The County shall have 14
days to determine whether the submittal :.s complete. If not complete, the County
will request additional information from the School Board. Once the application
package is complete, the County shall have 90 days to complete the review and
make a determination of approval. The specific submittals which are required
are~
A project na?rative shall be provided that describes the character and
intended use of the proposed project. It shall also describe the
various planning and design concepts used in developing the
project, the provisign of on-site amenities, such as, recreational
facilities, open space or special ltmdscape treatments.
A copy of the deed, contract for ~'mle or agreement for sale or a
notarized statement of ownership clearly demonstrating ownership
· and contrOl of the subject lot or parcel of land.
A site plan prepared on a maxim,m size sheet measuring 24" x 36"
drawn to scale and setting forth the following information:
The project title and the name, ac.dress and phone number of the
firm or agent preparing the plans and the name, address and
telephone number of the property/owner.
ii.
Cover sheet including: Project Title
Name, Address & Phone number of finn or agent preparing plans
Name, Address & Phone number of property owner
Zoning designation (if zoned PUD, name of PUD and Ordinance #)
Vicinity map identifying location of development
Legal description and Property I12) #'s
iii. Reference to the appropriate zoning district or PUD, as well as, any
previous approvals relating to the subject lot or parcel.
9
R&A NAPLES FAX Page: ,11-020
iv.
vii.
i.
ii.
Reference to the zoning and existing land use of all properties adjacent
to the project.
North arrow, scale and date.
Vicinity map clearly identifying the location of the project and its
relationship to the surrounding community.
A narrative statement identifying provisions of ownership and
maintenance of all common areas, open space, private streets and
easements.
A site summary in chart form which shall include the following:
a) Total site acreage.
b) Total squar, e footage of building footprint and its percentage of the
total site area.
c)
Total square footage of impervious area (including all parking
areas, driveways, loading areas, drive-aisles, and internal streets)
and its percentage of the total site area.
1) Total square footage of landscape area/open space and its
percentage of the total site are~.
A project summary in chart form, v~hich shall include the total building
square footage, and a square footage breakdown by use and its
percentage of the total building.
A parking summary in matrix form, which shall include:
Type of use.
Total square footage per use.
Total number of provided spaces including regular, handicapped and
reserved sPaces.
Illustrative information consisting of the following shall be drawn to
scale and accurately depicted on the site plan:
A boundary survey, prepared by a Licensed Land Surveyor or
Engineer in the State of Florida, :showing the location and
dimensions of all property lines, existing streets or roads,
easements, rights-of- way, and areas dedicated to the public.
Accompanied either by an attorn,:y's opinion of title, or by a sworn
statement from the property owner(s) stating that he or she has
provided sufficient information to the surveyor to allow the accurate
depiction of the information on the survey.
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ii.
in.
vi.
vii.
VIII.
ix.
xi.
xii.
xiii.
xiv.
XV.
xvi.
Name, alignment and existing/proposed right-of-way of all streets
which border the project (including raised islands, striping, right/ief~
turn lanes, median cuts and near~y intersections), and the location
of all existing driveways or access points on the opposite side of all
streets which border the project.
Location and configuration of all project ingress and egress points.
Location and arrangement of all proposed buildings (including
existing buildings that are to rerr.ain).
Location and configuration of all parking and loading areas and
their relationship to the proposeCl building arrangement.
Name, alignment and existing/proposed right-of-way of all internal
streets and/or alleys within the p;oject and their relationship to the
proposed building and parking area arrangement.
Directional movement of internal vehicular traffic and its separation
from pedestrian traffic.
Location and configuration of recreational facilities and their
relationship to the proposed building and parking area arrangement.
Location and general configuration of all water and/or drainage
retention/detention areas, as well as, all existing and proposed
easements, water and sewer lines intended to serve the project.
Location and general configuration of such natural features as
preservation/conservation areas, significant vegetation, water
bodies, and wetlands.
Location of emergency access lanes within the project which
includes th6"iocation of fire hydrants and fire lanes and their
relationship to the proposed building arrangement.
Location of all handicapped parking spaces in relationship to the
proposed building and parking area arrangement.
Location of trash enclosures and their relationship to the proposed
building arrangement as well as ~tccessibility for collection vehicles.
Location of all proposed ground or monument signs.
Location and heights of all proposed walls or fences.
Accurate dimensions which include the following:
(I) AIl building setbacks,
(2) Distance between buildings and accessory structures.
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(3) Widt~ of all internal stn:ets.
(4) Alt pta-king areas and drive aisles.
(5) Ground or monument sign setback.
(6) Landscape areas adjacent to property lines
Landscape plan which shall conlain the following: Landscape
summary in matrix form which :;hall include:
a. Landscape Requirements adjacent to property lines
b. Native species requirement
A recent aerial photo shall be provided that clearly depicts the
project limits.
An Environmental Impact Statement (EIS), unless waived at the
consistency review. Whether o,- not an ElS is required, two copies of a
recent aerial photograph with minimum scale of one inch equals 400 feet,
shall be submitted. Said aerial shall identify plant and/or wildlife habitats
and their boundaries. Such idenlification shall be consistent with Florida
Department of Transpomation Land Use Cover and Forms Classification
System.
10.
Traffic Impact Statement (TIS), unless not required or waived at the
consistency review.
I1.
12.
Historical and archeological survey or waiver application if property is
located within an area of historical or archaeological probability (unless
not required at the consistency review).
A waiver may be requested and lhe County may issue such waiver where
such particular submittal infonm~tion is not applicable.
The 90 days may be extended upon agreement of the County and School Board. Once an
affirmative determination has been rendered, school construction may commence and further
County approvals are not required. Failure by the County to make a determination in writing
within 90 days after determining the application package complete shall be considered an
approval. However, if within 90 days, the County denies the application based on non-
compliance with relevant standards of the LDC, the SBR shall be considered denied and the
School Board shall be authorized to pursue an appeal.
8. The County shall conduct an expedited review of the SBR site plan for consistency with
the following requirements:
County's Utility Ordinance No. 2001-57 and the County's Standard Utility
Details in effect at the time development orders are requested.
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LDC Division 2.4, Landscaping and Buffering, in effect as of the date of this
agreement. The County will recommend to the Board of County Commissioners
(BOCC) an amendment to the LDC allowing that administrative deviations may
be granted provided the School Board can demonstrate that the intent of this
Division can be effectively accomplished without meeting the specific
development standards. Specifically, the County will recommend flexibility in
the regulations for projects where there will be joint use by the County
Department of Parks and Recreation and the School District. The administrative
deviations shall be requested in the format set forth in Section 2.8.2.5 of the
LDC. A perimeter landscape buffer shall be required equivalent to the Collier
County Land Development Code requirements for the Public Use
District/Community Facility District as set forth in Table 2,4 entitled "Table of
Buffer Requirements by Land Use Classification" and as further described in
Section 2.4.7.4 of the Land Development Code. The plant material standards and
installation standards required shall be those set forth in Sections 2.4.4.1 through
2.4.4.5, together with the Tree Preservation Credits set forth in Sections 2.4.4. l 1
and 2.4.4.12, of the Land Development Code. Existing native vegetation shall be
retained' in accordance with the provisions of Section 2.4.4.10 of the Land
Development Code. A copy of the relevant provisions of the Collier County
Land Development' Code referenced in this paragraph are attached hereto as
Exhibit "A" and the referenced sections only are made part of this Agreement.
Environmental:
(i)
(ii)
(iii)
(iv)
(v)
Final SFWMD Environmental Resource Permits and all other agency
permits for wetlands must be su~)mitted prior to final SBR approval, and
such permits are not required for submittal sufficiency. To the extent
those permits are not issued, School Board agrees to abatement of the 90
time frame required in Section 6 of this Agreement.
Submission of Protected Spo:ies Surveys and if needed wildlife
management plans in accordance with Collier County's LDC and
Comprehensive Plan in effect at the time of SBR order approval along
with United States Fish & Wildlife Service (USFWS) and Florida Fish
& Wildlife Conservation Commission (FFWCC) agency permits.
A site clearing plan must be submitted that shows the native vegetation
are, as to be preserved and identifies the upland/ wetlands preserve or
protected species preserves.
The-Comprehensive Plan requin:s schools to provide a set percentage of
native vegetation preservation itt the Rural Fringe and the Rural Lands.
The School Board must comply with the set percentages of native
vegetation preservation.
An Exotic Vegetation Removal ~tnd Maintenance Plan must be submitted
and approved prior to final SBR approval. All exotic vegetation shall be
removed from the site of a schc~)l or school facility prior to the issuance
of a Certificate of Occupancy.
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(vi) All environmental documentation must be submitted prior to a
determination on ~/SBR application.
All State Fire Code regulations related to the site.
Stormwater Management as follows:
(i)
A Drainage Plan, signed and scaled by a Florida Professional Engineer
must be submitted along with calculations in order to determine the
proposed development's effect on County maintained drainage facilities.
(ii) SFWMD permits must be submitted prior to SBR approval.
(iii)
if any dedications of easements for drainage, maintenance, and/or access
are required, all recorded easeraent(s) shall be provided to the County
prior to the issuance of the Certificate of Occupancy. When necessary,
the School Board will supply additional easement area for increased
capacity to accommodate the proposed development.
4.Eaviranmenta! regulations as fo!!,qws:
v-, .................... ~ an}' prov:s:ons '^ tF, e ;:o::trr, r'.,' in
provb~ons of cu,:c ...:~ ........ ,~ ......... of
,If.
Building setbacks: The minimum setbacks shall be twenty-five feet (25') from l
the property line for accessory buildings, including portable classrooms, and shall
be fifty feet (50') from the property line for principal buildings. At all times,
however, the School Board shall adhere to the SREF regulations minimum
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setback requirement for principal buildings of at least twenty-five feet (25') from
the property line.
Off-Site Impacts: In accordance with Section 6 of the lnterlocal Agreement for Public
School Facility Planning, the School Board and County will jointly determine the need
for, and timing of, off-site infrastructure improvements on a case-by-case basis in
conjunction with the determination of the consistency of the site location with the
comprehensive plan and land development regulations, and will enter into a written
agreement as to the timing and location, anti the entity or entities responsible for
construction, operating and maintaining the ~equired improvements. In reaching a
determination regarding responsibility for improvements, the parties will be guided as
follows:
Transportation/Utilities All reasonable off-site improvements that are
determined necessary and required by tke County to mitigate the off-site impacts
of the school or school facility shall be constructed by the School Board at the
School Board's expense; provided, however, that the School Board shall not be
required to pay more than 'its proportionate share of the cost of onsite and offsite
improvements necessitated by the educational facility; and provided further, that
on a case-by-case basis, the County can agree to assist in the funding of these
improvements. Mitigation of off-site improvements will include: the widening of
adjacent roadways and infrastmctures when necessitated to accommodate buses
(if needed); construction of required deceleration turn lane(s) at the ingress(es)
and egress(es) to and ftom the school rite; and at any intersections within the
immediate vicinity of the school site v, hich are adversely impacted as a direct
result of the same; other median improvements determined as necessary by
Collier County Transportation staff; and/or the School Board's cost of extending
water and sewer lines required by the school, or school facility.
Sidewalks - .A__s_part of the School Board Review process,_The School Board ~d
County will develop a Sidewalk Plan, which delineates thc sidewalks that are
necessary in and around the Property. The School Board shall consider
collecting, through impact fees, monies to provide tbr the development of these
sidewalks as delineated in the Sidewalk Plan. The School 'Board will provide the
impact tees monies to the County who willw4,q be responsible for ~
...:.,.:.,...,,.. .... ~,.~': ~-~..~"~: ..... .~' .... ~ .~,hc.~'.,, ~,~ a~ .... ,I fazili~· v.-,r~'~-.', including ~he t~ing,
cost, ~ons~etion, ~d maintenance of such sidewalks. .-~.,.~ ~...~ ........... ...,.:n ~.k~
Traffic Signals - The cost of traffic signals shall be the responsibility of the
School Board. All traffic control devices used must be in accordance with the
Standards as adopted by the Florida Department Of Transportation (FDOT), as
amended, as stipulated/required by Florida Statutes - Chapter 316 Uniform
Traffic Control Law. When warranted, upon completion of the installation,
inspection, bum-in period and final approval/acceptance of any and all traffic
signal(s), the traffic signal(s) will be turned over to Collier County, and will then
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be maintained and operated by Collier County Transportation Operations. Any
negotiations relevant to 'Tair share" pa}~ments or reimbursements, from any and
all other neighboring developer/property owner(s), that directly benefit from the
installation of the traffic signals, will be determined based upon percentage usage
and impact. The County shall enforce the cost sharing by other property owners
and reimburse School Board for monies collected pursuant to this Section.
Any off-site improvement to be constn~cted by the School Board, even though
not required by Collier County, shall .,:till be subject to review by the Collier
County staff prior to construction to assure compliance with Collier County
regulations.
Ail traffic speed limit po.stings shall I~: in accordance with the Speed Zoning
Manual as adopted by the Florida Department Of Transportation (FDOT), as
amended, as stipulated/required by Florida Statutes -Chapter 316 -Uniform
Traffic Control Law.
All other tranSportation related work by design, shall comply with Florida
Department Of Transportation (FI)OT) Standards, as amended, as
stipulated/required by State Statutes - Chapter 316 Uniform Traffic Control Law.
In the event the School Board proposes to expand or renovate an existing school
site, the County shall make its recommendations and requirements as to the
improvements to account for off-site impacts only as they relate to such
expansion.
10. The SBR application shall be submitted and reviewed in accordance with the provisions
of this Agreement. Division 3.3 (site development plan review process) of the Land
Development Code is not applicable to the SBR review procedure.
I I. The parties agree that the School Board shall not request reviews and that County review
is not requested or required for:
The placement of temporary or portabh,, classroom facilities; except that these
facilities will be reviewed .by the Fire Cc,de Office pursuant to Fla. Admin. Code
Section 4A58. Public Utilities or will ~.'view solely for proper sizing of water
meters and grease traps.
Proposed renovation or construction on ,-~xisting school sites, with the exception
of construction that (1) changes the primary Use of a facility, (2) includes a
stadium, or (3) results in a greater that five percent (5%) increase in K-12 student
capacity or encroaches upon. the established setbacks as set forth in this
Agreement.
12. Fees: The standard fees shall be charged for the processing of any application submitted
by the School Boazd. Nothing in this Section sh~Lll prevent the Parties from entering into
a separate Agreement for a different fee structure.
13. Letter of Compliance: After SBR review and review of compliance with the terms of this
[nterlocal Agreement, the Planning Services Dire:tor, or his designee, shall issue a Letter
of Compliance, which shall evidence the County's approval of the site plan or a letter of
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14.
15.
non-approval citing specific sections of the Comprehensive Plan and LDC and any
pertinent information, exhibits and other back-up information in support of denial. In the
event there is disagreement as to the School Board's compliance with any SBR
requirements set forth in this section, the Planning Services Director, at the request of the
Superintendent's designee, shall provide the County's determination and the basis in
writing within five (5) days of the r~quest to the Superintendent's designee. Absent
further successful negotiation on the issues, the School Board may appeal the decision of
the Planning Services Director as described below.
Appeal: In the event that a letter of non-approval is issued by the Planning Services
Director or the Superintendent's designee and the Planning services Director disagree
regarding the interpretation of this section, School Board may request an appeal to the
Board of County Commissioners (BCC). How.~ver, appeals regarding issues pertaining
to the Fire Code will be made to the Board of .akppeals and Adjustments. A request for
appeal shall be filed in writing. Such request shall state the basis for the appeal and shall
include any pertinent information, exhibits and other backup information in support of
the appeal. The BCC shall hold an advertised public hearing on the appeal and shall
consider the decision of the Planning Services Director, the position of the School Board
and public testimony, in the event that the BCC upholds the decision of the Planning
Services Director, the School Board shall then be authorized to pursue any legally
available action or remedy to resolve the matter. In the event the BCC upholds the
School Board, the minutes of the meeting will se.'ve as a letter of compliance.
Notwithstanding any provision in this Agreeraent to the contrary, nothing shall be
required of or .imposed upon the School Bom'd which is in conflict with, or can
reasonably be construed to be in conflict with, Chapter 1013 or the State Uniform
Building Code. Further, this Agreement does not provide for and does not contemplate
any review of site plans or other school plans regarding matters regulated by SREF that
relate solely to the needs of a school or school facility or for development solely within
the boundaries of a school or school facility parcel, and the parties specifically agree that
such development shall not be subject to review, conditions, requirements, exactions or
regulation by the County except as specifically agreed herein.
16. in addition to providing an orderly and coopera~:ive methOd by which the School Board
and the County can exchange information on matters relating to planning and
construction of public educational facilities, thk,. Agreement is intended to and shall be
deemed to meet the intent and requirements of Section 1013.33, Florida Statutes (2002),
and specifically the requirements of Section 1013.33 (14) authorizing the County and the
School Board to enter into an agreement to establish a process for reviewing a proposed
educational facility site plan and off-site impacts.
17. As set forth in the preamble to this Agreement, lhe purpose of this Interlocal Agreement
is to meet the intent and requirements of Section 1013.33, Florida Statutes (2002). In the
event that Section 1013.33, Florida Statutes, is amended or repealed to delete or exempt
the coordination of public educational facilities construction with local government
comprehensive plans and implementing land development regulations, then
notwithstanding the term of this Agreement set forth below, this Agreement shall become
null and void.
18.
The provisions in this Agreement supercede and,'eplace in their entirety the requirements
of Division 3.3 of the Land Development Code. The provisions of this agreement shall
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19.
also supercede the previous 1996 interlocal agreement between the parties. Provided
however, that should the Conntw fail to adopt the amendments to the Growth
Management Plan and the Land Development Code. which this Agreement requires the
Count), to consider, within one year from the effective date of this Agreement, the School
Board may elect lo terminate this A~eement, in which case the 1996 Agreement would
become effective and control. The County will amend its Land Development Code to
eliminate inconsistencies with this Agreement, including the elimination of the
requirement that Educational Facilities are reviewed and approved as part of the
conditional use process.
The term of this Agreement shall be for a period of si.xt~, years; provided, however,
either party shall have the right to request review of this Agreement at the biannual
meeting provided for in the lnterlocat for Join! Planning of Facilities between the parties
executed under Florida Statutes 1013.33. Either party may notify the other, in writing, at
least 120 days prior to the expiration of the si_._~te~-year term of such party's intent to
formally review, renegOtiate or terminate this Agreement. In the absence of such notice
by one party to the other, this Agreement shall continue under the same terms and
conditions for an additional term often years.
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by the Parties by their
duly authorized officials on the date set forth below.
ATTEST:
Dwight Brock, Clerk
COLLIER COUNTY
By:
Deputy Clerk
(SEA[)
By:.
Date:
Tom Henning, Chairman,
Board of County Commissioners
Approved as to form and legal sufficiency:
David C. Weigel, County Attorney
ATTEST:
COLLIER COUNTY SCHOOL
BOARD
By:.
Dr. Dan White, Superintendent
By:.
Linda Abbott, Chairman
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Date:
403487 1
19
INTERLOCAL
AGREEMENT
June 25, 1996
INTERLOCAL AGREEMENT
THIS AGREEMENT made this 25 day of_June , _1996 , ("Effective Date")
by and between Collier County, a political subdivision of the State of Florida, hereinafter referred
to as the "County" and the Collier County School Board, a public agency of the State of Florida,
hereinafter referred to as the "School Board".
WHEREAS, the County and the School Board have established and maintained a
cooperative and productive relationship with regard to the exchange of information on matters of
mutual interest including, but not limited to, the coordination of planning efforts to ensure that
support services are available for public educational facilities in the unincorporated area of
Collier County; and
WHEREAS, Section 235.193(1), Florida Statutes (1995), sets forth the policy of the State
with regard to the coordination of planning between school boards and local governing bodies to
ensure that plans for the construction and opening of public educational facilities are facilitated
and coordinated in time and place with plans for residential development, concurrently with other
services; and
WHEREAS, Section 235.193(2), Florida Statutes, in order to encourage and facilitate
such planni.ng, provides that the School Board and the County must share and coordinate
information i'elated to existing and planned public school facilities, proposals for development,
redevelopment or additional development, and infrastructure required to support the public school
facilities concurrent with the proposed development; and
WHEREAS, the County and School Board have shared such information for numerous
years and continue to share such information so that each entity can assist the other in reaching its
goals and objectives; and
WHEREAS, Section 235.193(7), Florida Statutes, authorizes the School Board and the
County to establish, by agreement, a process for reviewing a proposed educational facility site
plan, including the identification of off-site impacts of a proposed educational facility; and
WHEREAS, through this Agreement the County and .the School Board wish to maintain
and enhance their cooperative and productive relationship regarding the exchange of information
relating to planning efforts and public facilities.
NOW, THEREFORE, it is hereby agreed as follows:
This Agreement is made pursuant to Section 163.01, Florida Statutes, the Florida
Interlocal Cooperation Act of 1969, and Chapter 235, Florida Statutes, and terms used
herein shall have the meaning set forth in such legislation. Specifically, the following
terms as used in this Agreement shall be defined as follows:
"Ancillary Plant" is comprised of the building, site and site improvements
necessary to provide such facilities as vehicle maintenance, warehouses,
maintenance, or administrative buildings necessary to provide support services to
an educational program.
b. "Auxiliary Facility" means the spaces located at educational plants which are not
designed for student occupant stations.
Co
"Educational Facilities" means the buildings and equipment, structures, and
special educational use areas that are built, installed, or established to serve
primarily the educational purposes and secondarily the social and recreational
purposes of the community and which may lawfully be used as authorized by the
Florida Statutes and approved by the Collier County School Board.
"Educational Plant" comprises the educational facilities, site and site
improvements necessary to accommodate students, facility, administrators, staff,
and the activities of the educational program of each plant.
"County's implementing land development regulations" means the Collier
County Land Development Code, including the zoning regulations and
development regulations contained and referenced therein.
"Phase I Documents" means schematic drawings that detail approved
specifications and program requirements and illustrate the general scope, scale
and relationship of project components. Such documents shall include, but are
not limited to, a site plan, identification of FEMA flood plain and velocity zone,
evidence showing that required environmental studies have been completed and
sensitive site areas identified, floor plans with over-ali dimensions, indication of
public shelter requirements and a life safety plan showing exits, fire walls,
protected corridors, fire alarm systems or any other life-safety features relevant to
the facility.
Pursuant to Section 235.194(2), Florida Statutes (1995), School Board shall submit to
County annually on October 1, a General Educational Facilities Report. The General
Educational Facilities Report must contain information detailing existing educational
facilities and their locations and projected needs. The report must also contain the School
Board's Capital Improvement Plan, including plat, ned facilities with funding over the
next three years, and the educational facilities representing the school district's unmet
needs. The School Board shall also provide a copy of its Educational Plant Survey to the
County at least once every five years. It is the intent of the School Board and the County
that such reports provide a basis to allow the parties to adequately coordinate on future
public educational facility siting and construction and to foster timely cooperation on
such matters.
The County and the School Board hereby agree that an Educational Plant, including
Educational Facilities and any Auxiliary Facility, and an Ancillary Plant are permitted
and consistent uses in all land use categories of the County's Growth Management Plan,
as well as a permitted and consistent uses in all land use categories in the County's
implementing land development regulations. Provided, however, the purchase or lease of
property for a new Ancillary Plant shall b~-subject to an advertised public hearing to be
held by the S~hool Board in a~cordance with the provisions of paragraph 5 of this
Agreement.
To improve coordination relative to potential Educational Plants or Ancillary Plants, the
School Board shall, whenever feasible, provide written notice to the County at least 60
2
days prior to purchasing nr leasing property that is intended for use as a new public
Educational Plant or Anc. ill~, P!xnt. -
The School Board agrees that prior to purchasing or leasing property for a new Ancillary
Plant, the School Board shall hold an advertised public hearing in accordance with this
section.
ao
The School Board shall give notice of its intent to purchase or lease property for
the sitting and/or construction of an Ancillary Plant by publishing, at least one
time, a notice of its intent to consider such purchase or lease in a newspaper of
general circulation in the County at least fifteen (15) days prior to the School
Board meeting at which such purchase or lease will be considered by the School
Board. The notice shall state the date, time, and place of the School Board
meeting together with a description sufficient to reasonably identify the location
of the property and a description of the intended use of the property. The notice
shall be advertised in that portion of the newspaper where legal notices appear
and shall state that interested parties may appear at the School Board meeting and
be heard with respect to the proposed purchase or lease of the property and its
intended use. Once advertised, the School Board may continue an agenda item
relating to such proposed purchase or lease for up to five weeks without
readvertisement.
During the public hearing advertised in accordance with the provisions of
paragraph 5(a), the School Board shall consider information and
recommendations of its staff, comments and information provided by such
members of the public wishing to address the proposed purchase or the intended
use of the property, and such other information as deemed appropriate or
necessary by the School Board. ,B~ed on such information, the School Board
shall make generaL fin_dings of fact to SUl2p_ort its action in either acquiring or
dec_~lining to acquire the propertV for a new AncillaryPlant.
This provision requiring a fifteen (15) day advertised notice of hearing to be held by the
School Board for an Ancillary Plant shall be waived by the County with regard to any
property which is being acquired by the School Board for a new Ancillary Plant provided
(1) the subject property was under contract by the School Board or for the benefit of the
School Board and will become the exclusive property of the School Board within sixty
(60) days from the effective date of this Agreement and (2) a public hearing was
advertised and held by the School Board, even if such hearing was not advertised fifteen
days in advance, and the School Board approved the purchase of the subject property.
At least prior to the School Board's approval of Phase I Documents for a new public
Educational Facility or Ancillary Plant, the School Board's Superintendent's designee(s),
shall coordinate with the County Development Services Director, or his designee(s), to
conduct an expedited site plan review as herein described in order to provide the County
Development Services Director, or his designees(s), the opportunity to review the site
plan for compliance with the terms of this Agreement.
On-site improvements - The County and the School Board agree that site
planning and school construction are regulated by Chapter 235, Florida Statutes,
and the State ReqUirements For Educational Facilities (SREF) regulations, but
the parties further agree that the following requirements shall be applicable to the
site planning and construction of an Educational Plant and Ancillary Plant by the
School Board. It is agreed that the following items shall be reviewed by County
Staff as part of the expedited site plan review.
.~(1) All exotic vegetation shall be removed from the site of an Educational
' Plant or Ancillary Plant during the site clearing phase.
.~(2)
Building setbacks: The School Board shall adhere to the minimum
yard (setback) requirements established in the Collier County Land
Development Code for the Public Use District provided, however, the
minimum setbacks shall not exceed twenty-five feet (25') from the
property line for accessory buildings, including portable classrooms,
and shall not exceed fifty feet (50') from the property line for principal
buildings. At all times, however, the School Board shall adhere to the
SREF regulations minimum setback requirement for principal
buildings of at least twenty-five feet (25') from the property line.
(3)
A perimeter landscape buffer shall be required e.quivalent to the Collier
County Land Development Code requirements for the Public Use
District/Community_..Facility District as set forth in Table 2,4 entitled
"Table of Buffer Requirements by Land Use Classification" and as
further described in Section 2.4.7.4 of the Land Development-Code.
The plant material standards and installation standards required shall
be those set forth in Sections 2.4.4.1 through 2.4.4.5, together with the
Tree Preservation Credits set forth in Sections 2.4.4.11 and 2.4.4.12, of
the Land Development Code. //E_xisting native vegetation shall be
yetained in accordance with the 'ProVisions of Section 2.4.4.i 0 .of
L_and Development Co__de.~_ iA copy of.the relevant 'provisions of the
Collier County Land Deve)~pment Code referenced in this paragraph
are attached hereto as Exhibit "A" and the referenced sections only are
made part of this Agreement.
(i)
In the event that the Collier County. Land
Development Code Sections referenced herein and
made part of this Agreement are amended to
generally apply in a consistent and equal manner to
all developers similarly situated, the School Board
shall be subject to such amendments to the same
extent and in the same manner as such similar!y
situated developers. The intent of this provision is
to__ provide equal application of any such
amendments of the Land Dev~eelopment Code and to
preclude any modificatiOn to the above sections of
this Agreement which would be singularly restrictive
as to the School Board. In the event that the cited
Land Development Code sections are renumbered,
the relevant renumbered sections shall be deemed
applicable.
bo
(ii) This section is solely intended to establish the width
of the perimeter landscape buffer and the plant
materials to be installed within such landscape
buffer in the same manner and to the same extent
that would be applicable to a similarly situated
developer within the Public Use District/Community
Facility District. T.h.e purpose of this section is not
to subject the School Board to any Land
'D'~-dlopment Code provisions other than those cited
above which areneomeet the intent of this '
section.
Off-site improvements - All reasonable off-site improvements which are
necessary and required by the County to mitigate the off-site impacts of the
Educational Facility or Ancillary Plant shall be constructed by the School Board
at the School Board's expense; provided, however, the past practice between the
parties of evenly dividing the costs of traffic signals shall be maintained.
Mitigation of off-site impacts may include construction of required deceleration
lanes, turn lanes, other median improvements, and/or the School Board's cost of
extending water and sewer lines required by the Educational Facility or Ancillary
Plant. This provision is not intended to require School Board dedication of
property or payment for improvements or construction of facilities of a general,
district-wide or regional nature or which would constitute facilities otherwise
funded by County impact fees. However, any off-site improvements to be
constructed by the School Board, even though not required by the County, shall
still be subject to review by the County prior to construction to assure
compliance with County regulations. F~e.qignee(s) of the_
Development Serviee.q Director and Superintendon? ehall coordinate and~
endeavor to comprehensively address the issue of sidewalks within and adjacent
to an Educational Facility property, including the timing, cost and responsibility--
for construction and maintenance of such sidewalk improvements. The results of -
such comprehensive review and any recommendations arising therefrom shall be
forwarded to the County Manager and Superintendent for submittal to their
respective Boards.
Letter of Compliance - After the expedited site plan review as herein described
and the Coun..ty's determination of compliance with the terms of this Agreement,
the Development Services Director, or his designee, shall issue a Letter of
Compliance which shall evidence the County's approval of the site plan. In the
event that there is.disagreement as to the School Board's compliance with any
site plan reqUirement set forth in this section, the Development Services Director~
shall, at the request of the Superintendent's designee, provide the County's
determination and the basis therefore in writing to the Superintendent's designee.
Absent further successful negotiation on the issue, the School Board shall be
authorized to appeal the decision of the Development Services Director as set
forth in subsection d. below.
Appeal - In the event that the Superintendent's designee and County
Development Services Director disagree regarding the interpretation of this
section or the ability of the County to impose a condition or requirement pursuant
to the terms of this section, the issue shall be presented directly to the County
Manager and the School Board Superintendent who shall meet and attempt to
resolve the issue. In the event that the County Manager and the Superintendent
are unable to resolve the issue, they shall jointly submit, in writing, the respective
positions of the parties to the Bureau of Educational Facilities and Management,
State Department of Education, Tallahassee, Florida with a request that the
Bureau provide an opinion on the issue in order to resolve the matter. In the
event that the parties are still unable to resolve the issue, the parties shall then be
authorized to pursue any legally available action or remedy to resolve the issue.
Site Plan Review Timeframe - The expedited site plan review as described
herein shall occur within thirty (30) calendar days after submittal of the site plan
and any relevant supporting documentation and the Development Services
Director's designee(s) shall use their best efforts to issue the County's
determination within such thirty (30) day period. In the event the County is
unable to issue its determination within such thirty (30) day period due to
workload, emergencies, or for any other reason, the School Board shall be
authorized to continue with the planning and design of the facility, including the
approval of all necessary documents and designs, up to the point immediately
prior to approval by the School Board of the Phase III design documents.
Notwithstanding any other provision in this Agreement, however, the County
shall be required to issue its determination on the School Board site plan no later
than forty-five (45) calendar days after the site plan. and all relevant supporting
documents are submitted to the County, otherwise the Development Services
Director, or his designee(s), shall be deemed to have issued a non-approval and
the School Board shall be authorized to pursue an appeal pursuant to Section 6(d)
above.
No permit fee or any other fee, expense or cost of any type shall be required of the
School Board by the County for any review or processing contemplated by this
Agreement. The County and the School Board acknowledge and agree that although
each party may incur costs as a result of compliance with this Agreement, each party
shall absorb its own such costs in furtherance of the past practices and cooperation
between the parties including, but not limited, joint recreational use agreements and the
exchange or dedication of easements or other real property interests at no cost to the other
party.
Notwithstanding any provision in this Agreement to the contrary, nothing shall
be required of or imposed upon the School Board which is in conflict with, or can
reasonably be construed to be in conflict with, Chapter 235 or the State Uniform
Building Code. Further, this Agreement does not provide for and does not
contemplate any review of site plans or other school plans regarding matters
regulated by SREF that relate solely to the needs of an Educational Plant or
Ancillary Plant or for development solely within the boundaries of an
Educational Plant or Ancillary Plant parcel, and the parties specifically agree that
such development shall not be subject to review, conditions, requirements,
exactions or regulation by the County except as specifically agreed herein.
Existing Educational Plants and Ancillary Plants are agreed to be permitted and
consistent wit.h the Collier County_Growth Manag~'ment Plan and the County's
_~'"~plementi~g land development regulations.
In the event that the School Board proposes to expand an existing school site, the
County shall make its recommendations and requirements as to improvements to
account for off-site impacts only as they relate to such expansion.
I 1. The parties agree that the School Board shall not request reviews and that County
review is not requested or required for:
a. The placement of temporary or portable classroom facilities; or
Proposed renovation or construction of existing school sites, with the
exception of construction that (1) changes the primary use of a facility, (2)
includes a stadium, or (3) results in a great~rty percent (30%)
increase in K-12 student capacity or encroaches upon the established
setbacks set forth in this Agreement, in all of which cases the County and the
School Board shall coordinate on a review as set forth in Paragraph 6 of this
Agreement.
12.
In addition to providing an orderly and cooperative method by which the School
Board and the County can exchange information on matters relating to planning and
construction of public educational facilities, this Agreement is intended to and shall
be deemed to meet the intent and requirements of Section 235.193, Florida Statutes
(1995), and specifically the requirements of Section 235.193(7) authorizing the
County and the School Board to enter into an agreement to establish a process for
reviewing a proposed educational facility site plan and off-site impacts.
13.
As set forth in the preamble to this Agreement, the purpose of this Interlocal
Agreement is to meet the intent and requirements of Section 235.193, Florida
Statutes (1995). In the event that Section 235.193, Florida Statutes, is amended or
repealed to delete or exempt the coordination of public educational facilities
construction with local government comprehensive plans and implementing land
development regulations, then notwithstanding the term of this Agreement set forth
below, this Agreement shall become null and void.
14,
The term of this Agreement shall be for a period of ten years; provided, however,
either party shall have the right to notify the other, in writing, at least 120 days prior
to the expiration of the ten-year term of such party's intent to formally revie~v,
renegotiate or terminate this Agreement. In the absence of such notice by one party
to the other, this Agreement shall continue under the same terms and conditions for
an additional term of ten years.
Location Maps
COUNTY
ELIMINATION OF
SCHOOL SPEED
ZONES
MEMORANDUM
IIR®]=II I=IIICOAN D RE S S I]
To:
FROM:
LEGAL PROFESSIONAL ASSOCIATION
MEMORANDUM
Collier County School Board
John Clapper, III, Esq.
Ashley D. Lupo, Esq.
DATE: April 29, 2003
RE:
County Elimination of School Speed Zones
850 PARK SHORE DRIVE
TRIANON CENTRE - THIRD FLOC[
NAPLES, FL 34103
239.649.2704 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
The purpose of this Memo is to provide you with a brief summary of background information in
order to prepare you for an issue that will arise at your May 6, 2003 Workshop Meeting with regard to the
County's proposed elimination of school speed zones. This Memo will also provide a brief discussion of
related legal issues.
Background:
County Transportation staff recently conducted a review of all Collier County school zones. As a
result of the review, County staff found that out of the twenty-five (25) school speed zones in Collier
County, six (6) are not necessary, based upon staff's review of the characteristics of traffic volume, speed
limits, sidewalks, curbs, traffic signals, school crossings guards, and the absence of hazardous walking
conditions. The County has prepared an executive summary and will ask the Collier County
Commissioners to authorize the elimination of those six (6) school zones.
Relevant Law:
Florida Statutes Section 316.1895, requires that the Department of Transportation adopt a
uniform system of traffic control devices and pedestrian control devices for use on the streets and
highways in the state surrounding all public and private schools. The County has the responsibility to
maintain school zones located outside of any municipality and on a County road. For purposes of
CLEVELAND
TOLEDO AKRON COLUMBUS CINCINNATI FORT MYERS
www.ralaw.com
NAPLES
MEMORANDUM
( PAGE 2 OF 4 )
maintenance, the County must maintain the school zone signs, markers, traffic control devices and
pedestrian control devices. This statute also makes it incumbent upon the County Sheriff's office to
determine whether or not the school zone is being properly maintained.
It is mandatory for the DOT to both implement the guidelines for installing school speed zones
and to install the necessary control devices; the County has the maintenance responsibility. Thus, if the
statute and its requirements are not complied with, and if the failure to install or maintain a school zone
contributes to an injury, the County could be liable for those injuries. The School Board is often brought
in as an additional defendant.
Due to the potential liability that elimination of these speed zones could involve, County and
School Board staff met to discuss the County's rationale for its position to recommend elimination. The
County stated that it looked at all speed zones in Collier County and took an inventory and engineering
analysis of each of the school zone areas. The County then looked at the Department of Transportation
Guidelines and Florida Statutes and determined that the school zones are inappropriate in six areas. It is
the County's position that in these areas there is no nexus between the speed limit in the school zone of
20 MPH and the safety of the intersection. The County Transportation staff made the determination that
there is no justification in these six areas to slow down traffic. By eliminating the school zones the
County believes it will (1) recover capacity of the roadway, which is lost by the decreased speed zones,
(2) increase the safety on the roadways, due to the elimination of the speed differential, and (3) eliminate
the inconsistency of the application criteria used to establish school zones, including location and format.
Specifically, at the six (6) speed zone locations proposed for elimination, there is either a traffic signal
and a crossing guard, or no crossing by the children. In short, the County believes that they have more
liability with these six speed zones in place than without.
The Attorney General, at the request of Representative Mike Davis, issued an opinion on April
16, 2003, which relates to this issue. The question posed to the AG's office was whether the existence of
MEMORANDUM
( PAGE 3 OF 4 )
a traffic light on a road adjacent to where an Elementary School or Middle School are located precludes
the establishment of a school zone. The Attorney General answered the question in the negative, as the
Department of Transportation's criteria which are used in establishing school zones and school zone
crossings provides:
"School Zones and signalized intersections should be independently justified control techniques, and the
use of one neither requires nor precludes the other. When a school crossing is warranted, it should be
located at a signalized intersection whenever possible." DOT publication 750-010-027-g, Establishing
School Zones and School Crossings, Section 4.4. In addition, the DOT's manual further states, "upon
request from local government, a reduced speed zone may be used at school crossings at signalized
intersections at locations adjacent or near school property." DOT publication 750-010-027-g, Establishing
School Zones and School Crossings, Section 2.4.
From a legal standpoint, the County at one point had sufficient rationale for the establishment of
these particular school speed zones when they were initially implemented. In this re-evaluation, the
County has not stated that there is a change in circumstances at these six (6) locations between now and
when the zones were originally established. The elimination of a school zone, which was initially
approved by the County and shown to be necessary, with no such change in circumstance, would increase
the likelihood of a positive liability finding against the School Board and the County should an injury
occur. This is distinguished from the factual circumstance where an injury occurs and no speed zone has
ever been established or found to be necessary.
The County provided other rationale for the elimination of the speed zones. First, the County
stated there is no accommodation for sheriff's deputies to pull errant motorists over to issue a citation in a
school zone. Of note, Florida Statutes Section 316.1895(10), states that a violation of the speed limits
established pursuant to this section must be cited as a moving violation punishable under Chapter 318.
MEMORANDUM
( PAGE 4 OF 4 )
There is a statutory duty upon the Sheriff's Office to enforce these school zones. The County's failure to
do so is not a justification for eliminating a school zone.
Second, the County notes that none of the six locations requested for removal of the school speed
zone qualifies as a hazardous walking condition. A positive hazardous walking condition finding is not a
criteria for implementing a school speed zone under the DOT regulations. Hazardous walking conditions
are defined in a separate statute, which governs whether students within two miles of a school need to be
bused, and also details what conditions need to exist for the School Board to request remedial action by
the County.
While not issued as a rationale, it is noted that the fiscal impact is $30,000.00 of savings over a 25
year period.
.Conclusion:
Due to the minimal monetary savings, and lack of change in circumstance from the time of
installation of these school zones to the present date, it is our Firm's opinion that elimination of the school
zones by the County will subject to the County and the School Board to increased liability should an
injury occur to a student.
402997 1
EXISTING SCHOOLS LOCATION
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