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Backup Documents 10/21/2003 W BOARD OF COUNTY COMMISSIONERS WORKSHOP MEETING W/COLLIER CO. SCHOOL BOARD OCTOBER 21, 2003 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ WORKSHOP AGENDA W /Collier County School Board October 21, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO P ARTICIP ATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERT AIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY 1 October 21, 2003 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Introduction and Opening Remarks 2. A. School Planning Coordination B. Status Report: School Board Review 3. Current Projects 4. Impact Fee Report 5. Public Notice for Land Acquisition 2 October 21, 2003 Joint Board Workshop . ~\rict SchoOl ~~ ...... ~ ~ = ~ e; E-- ! =- i/'.:" ,.,""'"," ,,- '-,- j .. ", ,-" ~'. ~"""""'"'''.''' ,,' ,"- ". .. . ".. .. '~. . .." . .. " Q ~ ~ Collier co\\~ Co1fl-r Count;y .... .....- I::,. October 21, 2003 9:00 A.M. Collier County Board Of County Commissioners Collier County School Board INTRODUCTION AND OPENINfi REMA Il. A. SCHOOl. PLANNIN6 COORDINATION EXECUTIVE SUMMARY IMPLEMENTATION OF INTERLOCAL AGREEMENTS STATUS REPORT: SCHOOL PLANNING COORDINATION OBJECTIVE: To provide a status report on School Planning Coordination as provided in the Interlocal Agreement for Public School Facility Planning receive input on the formation of a Citizen Oversight Committee. The report includes how the provisions of the Interlocal Agreemem are being implememed between the cities, county and School Board. CONSIDERATIONS: The Imerlocal Agreement for Public School Facility Planning is a requiremem under Florida Statutes 1013 and 163. The purpose of the agreemem is to provide a coordinated process between local governments and their school district toward the planning of future public school facilities. The agreemem between the School Board and the Board of County Commissioners was executed on May 27, 2003. Staff'Working Group is made up of School District, City and County staff members as listed below: Coullt'y Stan Litsinger, Comprehensive Planning Director Donald Scott, Transportation Planning Director Michael DeRuntz, Principal Planner, Current Planning Marco Island Greg Niles, Community Developmem Director Everglades City Chuck Mohlke, Fraser Mohlke and Associates Naples Susan Golden, Senior Planner CCPS Michael Kirk, Facilties Planning Director Amy Taylor, Long Range Planner The Staff Working Group is meeting the 2na Wednesday of every month. It is in the process of implementing the following provisions of th6 School Planning Interlocal Agreement. 1) Agreed projections of population and student enrollmem. 2) Coordination and sharing of information relating to existing and planned schools, renovations, closures and local governmem plans for development and redevelopmem. 3) Advanced infrast~cture coordination through determination of need for on-site and off- site improvements to support district projects. 4) Process for reporting capacity based on facilities work plan. 5) Participation in the annual update to the 5 year district educational plant survey. facilities work plan and the 6) 7) Determination of when and how joint use of school or local government facilities can be shared for mutual benefit and efficiency. Consideration of a recommendation to City Councils, Board of County Commissioners and the School Board toward the establishment of a Citizen Oversight Committee for the purpose of including an opportunity for public participation for implementation of the interlocal agreement RECOMMENDATION: The Staff Working Group met on October 15th and will be providing a recommendation regarding the makeup of the Oversight Committee. This recommendation will be presented at the Joint Board Workshop for consideration. ASSOCIATE SUPERINTENDENT OF OPERATIONS COLLIER COUNTY PUBLIC SCHOOLS DATE INTER!lOCAL AGRF, EMENT 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 th"e 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 (i0), Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of its comprehensive plar~ ithat 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 makingon 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 lnterlocal 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 plannin9 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~Ftorida 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. 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 Iocatior~s 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. 4 4.2 Growth and Development Trends: On September 1 st 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) information regarding the conversion or redevelopment of housing or other structures into residential dwelling units which are likely to generate new students; and (e) 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 regardin9 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 9athered 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 ctosure 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 ahd 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 dwellin9 units served by the schools, as practicable, under the student assignment program. 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. ko Environmental constraints that could preclude development of a public schcol 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 appro~/ing 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. 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. 7.6 Providing off-site signalization, signage, access improvements and sidewalks to serve all schools. The inclusion of school bus stops and turnarounds in new developments. 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: Target community development improvements in older and distressed neighborhoods near schools. bo Coordinate County programs and capital improvements that are consistent with and meet the capital needs identified in the School Board's school facilities plan. Encourage developments and property owners to donate school sites at predevelopment prices, 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 prior 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 tO 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 written 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. 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 written 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 interlocal 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 Intert0cal 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: TOM HENNIN~ (SEAL) Approved as to form and legal sufficiency: David ¢_,../Weigel, Cour~ty Attorney ATTEST: By: Dr. ~)a~n White, Superintendent COLLIER COUNTY SCHOOL BOARD Approved as to form by: 396360_1 t3 11. B. STATUS REPORT: SCHOOL BOARD EXECUTIVE SUMMARY STATUS REPORT FROM THE COMPREHENSIVE PLANNING DEPARTMENT AND THE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW TO THE ANNUAL JOINT BOARD MEETING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLLIER COUNTY SCHOOL BOARD AS REQUIRED BY THE 2003 INTERLOCAL AGREEMENT OBJECTIVE: For the Board of County Commissioners and the School Board of Collier County to review the implementation procedures set forth through the 2003 Interlocal Agreement by the Comprehensive Planning Department and the Department of Zoning and Land Development Review (formerly the Planning Services Department). BACKGROUND: The Board of County Commissioners adopted the 2003 Interlocal Agreement on May 27, 2003. Section 2.2 of the 2003 Interlocal Agreement calls for a joint workshop session of the Board of County Commissioners and the School Board of Collier County to be held every other year. CONSIDERATIONS: The Comprehensive Planning Department and Department of Zoning and Land Development Review have implemented actions set forth in the 2003 Interlocal Agreement for the Growth 1Management Plan and the Land Development Code. The Growth Management Plan is being amended by changing its map series to identify existing and proposed Educational and Ancillary Plants. The two new maps in the Future Land Use Map (FLUM) series depict sites of existing and future school and school support facilities:. reference the existing school and school support facilities map in the Future Land Use Element (FLUE) support document; and, identify the zoning districts that allow or prohibit school and school support facilities. The existing FLUE locational criteria and new FLUM series maps will now identify where school and school support facilities are allowed throughout the unincorporated areas of Collier County and in companion policy amendments the Immokalee Area Master Plan (IAMP) and Golden Gate Area Master Plan (GGAMP) will also be updated to incorporate this FLUE policy. The Land Development Code (LDC) is being amended to provide for administrative deviations for essential services and flexibility for joint uses with respect to landscaping requirements. The definitions used in the 2003 Intertocal Agreement have been adopted in the LDC. Educational and Ancillary Plants are identified as permitted, conditional, or prohibited uses in the various zoning districts. Land use regulations relating to Planned Unit Developments (PUD) will be amended to allow for the incorporation of Educational and Ancillary plants without opening up the entire PUD to meeting the current LDC requirements. The minimum setback requirements from all property lines for principal and accessory structures for Educational and Ancillary Plants will be provided. The site development review process for the School Board Review will be incorporated into the LDC regulations. FISCAL IMPACT: As long as the County is in compliance with Chapter 2002-296 L.O.F., there are no direct fiscal impacts. This parallel Interlocal agreement is not mandated by DCA and there are no direct fiscal impacts associated with this agreement. GROWTH MANAGEMENT IMPACT: The adoption of this Intertocal agreement with the Collier County School Board, establishing site development review processes, will facilitate the implementation of the Collier County Growth Management Plan with the planning and siting of school facilities and supporting infrastructure. RECOMMENDATION: This is a status report to the joint boards, no recommendations are requested. PREPARED BY: / _ REVIEWED BY: /~ SUSAN MURRA~~', AICP, I~ERiM DIRECTOP~-" ZONING AND LAND DEVELOPMENT REVIE%V DEPARTMENT DATE APPROVED__ BY:Y:~r__ ~,~, JO EP~H K.~SCPi'MITT ~ DATE COMM~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADM~IST~TOR EXECUTIVE SUMMARY/JOINT BOARD MEETING 2 Agenda Item Memorandum TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: June 16, 2003 RE: PETITION NO. CPSP-2003-4, COMPREHENSIVE PLANNING SECTION STAFF REQUESTING AMENDMENTS TO THE FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE MAP (FLUM) SERIES, INTERGOVERNMENTAL COORDINATION ELEMENT (ICE), GOLDEN GATE AREA MASTER PLAN (GGAMP), AND IMMOKALEE AREA MASTER PLAN (ICE), TO INCLUDE: AMENDING THE FLUE TO ADD A NEW POLICY REFERENCING THE TWO INTERLOCAL AGREEMENTS ADOPTED IN MAY 2003 BY THE COLLIER COUNTY SCHOOL BOARD AND THE BOARD OF COUNTY COMMISSIONERS; REFERENCING THE FLUM SERIES DEPICTING SITES OF EXISTING AND FUTURE SCHOOL AND SCHOOL SUPPORT FACILITIES; REFERENCING A MAP OF EXISTING SCHOOL AND SCHOOL SUPPORT FACILITIES IN THE FLUE SUPPORT DOCUMENT; AND, IDENTIFYING WHAT ZONING DISTRICTS ALLOW OR PROHIBIT SCHOOL AND SCHOOL SUPPORT FACILITIES; AMENDING THE FLUM SERIES TO ADD NEW MAPS DEPICTING SITES CONTAINING EXISTING SCHOOL AND SCHOOL SUPPORT FACILITIES, AND DEPICTING UNDEVELOPED SITES FOR FUTURE SCHOOL AND SCHOOL SUPPORT FACILITIES; AMENDING THE ICE TO REFLECT THE TWO INTERLOCAL AGREEMENTS ADOPTED IN MAY 2003 BY THE COLLIER COUNTY SCHOOL' BOARD AND THE BOARD OF COUNTY COMMISSIONERS; AMENDING THE GGAMP TO REFERENCE THE TWO INTERLOCAL AGREEMENTS ADOPTED IN MAY 2003 BY THE COLLIER COUNTY SCHOOL BOARD AND THE BOARD OF COUNTY COMMISSIONERS, AND TO CROSS- REFERENCE THE FLUE AND ICE pOLICIES AND FLUM SERIES; AMENDING THE lAMP TO REFERENCE THE TWO INTERLOCAL AGREEMENTS ADOPTED IN MAY 2003 BY THE COLLIER COUNTY SCHOOL BOARD AND THE BOARD OF COUNTY COMMISSIONERS, AND TO CROSS-REFERENCE THE FLUE AND ICE POLICIES AND FLUM SERIES. (TRANSMITTAL HEARING) REQUESTED ACTION: This petition consists of seve~ral individual amendments, initiated by staff, to reflect and implement the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners (see attached Agreements). Those Agreements were adopted as required by Sections 163.3177(6)(h) and 163.31777, F.S., and pertain to the siting of schools and school support facilities, and the site plan review process for those schools and facilities. The amendments are to the Future Land Use Element text, Future Land Use Map series, Golden Gate Area Master Plan text, Immokalee Area Master Plan text, and ICE. Also included is an addition to the FLUE Support I [words underlined are added, words struck through are deleted] Agenda Item #SK Document; this is informational only as it is not required to be adopted by ordinance. Subsequent amendments to the Land Development Code will further implement these amendments and the two Agreements. For each proposed amendment, staff identifies the policy or provision, provides explanation, and shows the proposed changes to the text and/or map(s). A. Add new FLUE Policy 5.14 Explanation: This amendment: adds a new policy referencing and implementing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; references the two new maps in the FLUM series depicting sites of existing and future school and school support facilities; references the existing school and school support facilities map in the FLUE support document; and, identifies the zoning districts that allow or prohibit school and school support facilities. The existing FLUE Iocational criteria and new FLUM series maps will identify where school and school support facilities are allowed throughout the unincorporated areas of Collier County; in the companion policy amendments to the lAMP and GGAMP, this FLUE policy is cross-referenced. Proposed Amendment: NEW FLUE Policy 5.14 [page 17] "Policy 5.14: Public educational plants and ancillary plants: a. Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on-site facilities, including sports stadiums, gymnasiums and recreation areas) and ancillaryplants (support facilities, includine administrative offices, transportation facilities. maintenance yards, and bus barns) are depicted on the Future Land Use Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed. More detailed descriptions or depictions of all of the sites containing these existing educational plants and ancillary_ plants are contained in the bLUE Support Document. Expansion of these educational plants and ancillary_ plants on these existing sites, as well as expansions to the sites themselves, are subject to the provisions outlined in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 1.5, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. Existing sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existing educational plants. Most of these sites are consistent with locational criteria in the FLUE. GGAMP, or IAMP, as applicable, and are allowed within the existing zoning district on the property; these sites are depicted on the Future Land Use Map Series. As consistency is achieved for the remaining sites, via future GMP amendments and/or zoning amendments and/or conditional use approvals, these sites will be added to the Future Land.Use Map Series. Development of the mapped sites shall be subject to the provisions of the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.3t777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. ~- Existing sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existin~ ancillary plants. Most of these sites are consistent with locational criteria in the FLUE, GGAMP, or IAMP, as applicable, and are allowed within the existing zoning district on the property; these sites are depicted on the Future 2 [words underlined are added, words struck through are deleted] Agenda Item #SK Land Use Map Series. As consistency is achieved for the remaining sites, via future GMP amendments and/or zoninz amendments and/or conditional use approvals, these sites will be added to the Future Land Use Map Series. Development of the mapped sites shall be subject to the provisions of the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15. 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary_ plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or IAMP, as applicable, and allowed by existing zoning on the site, these sites will be added to the Future Land Use Map Series, as provided for in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on Ma5, 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the two Interlocal Agreements, and subject to the implementing land development regulations to be adopted. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, all future educational plants shall be allowed in zoning districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC), Conservation (CON), Travel Trailer Recreational Vehicle Camp~ound (TTRVC), Business Park (BP), and Industrial (13 zoning districts. (2) Educational plants are permitted by right in all other zoning districts. However, for a high school facility to be located in any residential zoning district or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the Interlocal A~reements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 bv the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Zoning district provisions for future ancillary_ plants: Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District adopted on June 19, 2002, all future ancillary plants shall be allowed in zoning districts as follows: (1) Ancillary_ plants are prohibited in the Residential Single Family (RSF-1 through RSF-6), Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), Golf Course (GC), and Conservation (CON) zoning districts. (2) Ancillary_ plants are permitted by right in the General Commercial (C-4), Heavy Commercial (C-5). and Industrial (13 zoning distr/cts. ~ (3) Ancillary plants are permitted by condlttonal use approval in all other zoning districts." B. Future Land Use Map Series (text) Explanation: This amendment simply reflects the two new maps referenced above in FLUE Policy 5.14a. - c. More explanation is provided-later in this Report (item "F"). Proposed Amendment: Future Land Use Map Series [page 78] 3 [words underlined are added, words struck through are deleted] Agenda Item #SK "FUTURE LAND USE MAP SERI]ES Future Land Use Map Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9, 5.10, 5.11) Natural Resources Wetlands Map Wellhead Protection Areas Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps Existing Public Educational Plants (Schools) and AncillaW Plants (Support Facilities) Existing Sites For Future Public Educational Plants and Ancillary Plants" C. Add new GGAMP Policy 1.1.7 Explanation: This amendment references the two Agreements, the new FLUE policy, new FLUM series maps, and the amended ICE policy. Proposed Amendment: NEW GGAMP Policy 1.1.7 [page 7] "Policy 1.1.7: The sites containing existing public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the GGAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy · 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. All future educational plants and ancillary plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14." D. Add new lAMP Policy II. 1.7 Explanation: This amendment references the two Agreements, the new FLUE policy, new FLUM series maps, and the amended ICE policy. , Proposed Amendment: NEW lAMP Policy 11.1.7 [page 3] "Policy 1.1.7: The sites containing existing public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary_ plants, within the LAMP area, are depicted on the Future-Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.14 and Intergovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Ag-reements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15~ 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject to the implementing land development regulations to be adopted. All future educational plants and ancillary_ plants shall be allowed in zoning districts as set forth in FLUE Policy 5.14." [words underlined are added, words struck thrcugh are deleted] Agenda Item #SK E. ICE Po/icy 1.2.6 Explanation: This amendment simply reflects the two new Agreements adopted in May 2003, which supercede the 1996 Agreement. Proposed Amendment: CIE Policy 1.2.6 [page 2] "?olJcv L2.6: The County shall continue to coordinate with the Collier County School Board on the site selection for new ach.eels public educational plants and ancillary plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants schccl facilitica in accordance with the two Interlocal Agreements adopted in accordance with Chapter Sections 163.3177(6)(h) and 163.31777. F.S.= on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners J'ane 25, 1995. F. Future Land Use Map Series (maps) Explanation: The first new map recognizes all existing sites and facilities as being consistent with the FLUF__JGGAMP/IAMP, whether or not those sites comply with the Iocational criteria in those respective Elements. This is similar to how the existing FLUE Policy 5.9 treats "improved property" reviewed under the zoning reevaluation program in the early 1990s. The second new map identifies the properties acquired by the School Board for future schools and support facilities; these sites are consistent with Iocational criteria in the FLUE/GGAMP/IAMP. [see two NEW maps titled: "Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities)" and "Existing Sites For Future Public Educational Plants and Ancillary Plants"] STAFF ANALYSIS: Environmental Impacts: The above amendments recognize existing, developed sites; and, recognize undeveloped sites already owned by the School Board and that already comply with Iocational criteria in the GMP. Accordingly, there is no new environmental impact being authorized by these amendments. For the undeveloped sites, development must be in compliance with environmental protection standards in the GMP and LDC, and state and federal regulations, as applicable. Public Facilities Impacts: The above amendments recognize existing, developed sites; and, recognize undeveloped sites already owned by the School Board and that already comply with Iocational criteria in the GMP. Accordingly, there is no new impact upon public facilities being authorized by these amendments. For the undeveloped sites, development is subject to concurrency regulations in effect at the time of development. STAFF RECOMMENDATION: That the CCPC forward Petition CPSP-2003-4 to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. 5 [words underlined are added, words ctruc,u, thrcugh are deleted] Agenda Item PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: David Weeks, AICP Chief Planner, Comprehensive Planning Section ~n Litsinger, Comprehensive Planning Manager Marg~ret'Wu/~rstle, AICP Planning SerVices Director J~spph K. Schrr~tt', Administrator muni~ Development & Environmental Se~ices DATE: DATE: DATE: DATE: -o3 Petition Number: CPSP-2003-4 Staff Report for July 17, 2003 CPCC meeting. NOTE: This petition has been advertised for the July 29, 2003 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MR. KEN ABERNATHY, CHAIRI~AN CPSP-2003-4 Staff Rpt Trans. G, Comp, Comp Plan Amendments, 2003 cycle dw/6-16-03 6 [words underlined are added,, ................... .... ,~. ~, .... u ,~. ..... ~,,~' are deleted] E. XZSTING PUBLIC EDUCATION~ PLA2VTS (SCHOOLS) .AND ANCIL I'.4RY PLANTS (SUPPORT FA CILITIES) COLLI~,I~ CO~ PU~.[ffC $CHOOL~ CiTY OF NAPLES LEGEND: EDqSTING ELEMENTAR¥ SCHOOLS RRRACE e C~R NOR~ ~R SOU~ BARFIELB e ~GE OAKS ~GEND: ~8~NG MIDD~ SC~OLg INSET: IMMOKALEE ~'~ k ~ -,. /-% _ .f,./ , ,- I @ ,.,,E .,oG~' ® E^,T .A,:'L~', ~ GUL~EW ""~~ \,~ ....... .ii" ' ' e CORKSCREW 2 ~'u'kk,~e~..~ ~.A 8,~ '"', xx ' "-'t "/ 4 - - "' '~' ~'~ "' ~"'~>.- ('54'~ BARRON COLLIER GULF' COAST '/-e,, J :',:':,,.-~?.'<-..-%/ , __, ,.'~"- ~ .-. / ~ J ~ ;%! ~"~"~' !'7 ,{~', ' "~'/%-"-L, / [41] WALKER NSTll3JTE OF TECHNOLOGY ~ ', 9~.~_..;~~. ' { ~ ~-' 7', ~ 'k?'~- ~'~/¢ I ~'/:')...!-~l ' id.'/ /,' ..w~.:'" (-"~, t..') ! ,~'"'/ ~ EVERGLADES SCHOOL · ~ ,,. &=li ,,.'~. ~,. [ ?,.:'~::';'~.'q'k--',-;L~ '-,r'I? k,!,'-' ",,"--'" fY..-' ~ "-.,-~": ~.:r,~-::L,' ~':u~4 ~ .... ,_._.-.__, I ' - ...... ,~P-:=,','"~.~..~,'q~ .~ ~} ;v~' "'-'' ~, x,'x '"2 .--. ~, '-. M&. DA'fi:: 6/2003 FILE: £S.~'-14_2OO3.DW~ N .... ,~ .... / ',.' .' ','~;' , '-., ~. e FORMER AOMINISTRA'RON CENTER F. XJSTING SITES FOR FU'IT. IR~ PUBLIC ED UCA TIONAL PLANTS AND ANCILI_,AR Y PLANTS COLLIER COUNTY PUBLIC SCHOOL~ COUNTY ! HUN'IER BLVD, CITY LEGEND: · : EDUCATIONAL PLANT · = ANCILLARY PLANT SIT[ · = EDUCATIONAL ANO/OR AN¢II-~AR¥ PLANT SITE SCALE I I I I I 0 IMI. 2}11. 3MI. 4&Il. 8 PREPAREO ~Y: GRAPHICS AND TECHNICAl. ~JPPORT $EC~ION COMMUNITY DE'~OPMENT AND EN~tRONIdI~TAL SERMCES DIMSION INTERSTATe- 75 INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .~ND THE COLLIER COUNTY SCHOOL BOARD TO ESTABLISH EDUCATIONAL PLANT AND ANCILLARY PLANT SITE DEVELOPMENT REVIEW PROCESSES AND SUBSTANTIVE CRITERIA INCLUDING THE CONSIDEIL~,TION OF FUTURE AMENDMENTS TO THE COUqN'TY'S GROWTH ~LANAGEMENT PLAN AND IMPLEMENTI]NG LAND DEVELOPMENT REGULATIONS THIS AGREEMENT made 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"), together the "Parties." 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 ~hcilities 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 tine coordination or' planning between school boards and local governing bodies to ensure that plans fbr the construction and opening or' public educational facilities are t'acilitated and coordinated in time and place with plans ~br residennai development, concurrently with other services; and WHEREAS, Section 1013.33(9), Florida Statutes, m order to encourage and facilitate such planning, provides that the School Board and the County must share and coordinate intbrmation related to existing and planned public school facilities, proposals for development, redevelopment or additional development, and int'rastructure required to support the public school facilities concurrent with the proposed development; and WHEREAS, the County.. and School Board have shared such intbrmation [br 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 1013.33(11), Florida Statutes, sets forth the policy of the State with regard to an expedited reviexv process to determine consistency with the local government's comprehensive plan and land development regulations, and where this Ageement details a consistency revie~v process; and WHEREAS, Section 1013.33(12), Florida Statutes, sets forth the policy of the State with regard to an expedited {'-eview process and any development review shall not exceed 90 days, and where this Ag'reement details a School Board Review process; and WHEREAS, Section 1013.33(13), Florida Statutes, provides that a local governing body may not deny the site applicant on the adequacy of the site plan as it relates solely to the needs of the school if the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses. The local government may not deny the application but it may impose reasonable development standards and conditions in accordance with Section 1013.5 l(1), Florida Statutes, and consider the site plan and its adequacy as its relates to environmental concerns, health, safety, welfare, and effects on adjacent property. Standards and conditions may not be 'imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually ageed to~ and WHEREAS, Section 1013.33(14), Florida Statutes, authorizes the School Board and the County to establish, by agreement, an alternative process for reviewing a proposed Educational Plant or Ancillary. Plant, including the identification of off-site impacts of a proposed Educational Plant or Ancillary Plant, and where this Ageement details a School Board Review process to delineate a formal procedure pursuant to State law; and WHEREAS, through this Ageement the Count-y 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, in consideration of the public benet2ts to be realized from the coordinated planning and review of public educational facilities, the parties hereby agee as follows: The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. This A~eement is made pursuant to Section 1012.33, Florida Statutes, the Florida Lnterlocal Cooperation Act or' 1969, 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. Bo "AncillmT 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 ser~'ices to an educational pro.am. "Auxiliary. Facility~', means the spaces located at educational plants which are not desig-ned for student occupant stations. "Compatibility Review" means a review pursuant to the Architectural and Site De~ig-n Standards contained within the Division 2.8 of the Land Development Code (LDC) in effect at the time SBR Letters of Compliance are requested and that pertain to issues of compatibilit?' with -}urrounding uses, complementary patterns of development and mitigation of negative impacts. The Compatibility Review xvill be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. "Consistency Review" means a review process whereby the County will determine prior to the School Board's acquisition of property whether such property is consistent with the locational criteria of the Growth Management Plan's Future Land Use Element and iMap, Golden Gate Area Master Plan and Irnmokalee Area iV[aster Plan, and whether the Plant or Facility is a permitted use, conditional use or prohibited use in the zoning district on the site, pursuant to Section 4 of this Agreement. "County's implementing land development regulations" means the Collier Count Land Development Code, including the zoning regulations and development regulations contained and referenced therein. "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 tee community and which may lawtLllv be used as authorized by the Florida Statutes and approved by tlne Collier County School Board. "Educational Plant" comprises tl~e educational facilities, site and site improvements necessau to accommodate students, facili~, administrators, staff, and the activities of the educational program or' each plant. "Locational Criteria" means rtxe land use categories establist~ed in tile Gro~vth Management Plan's Future Land Use Element and Map, Goldel~ Gate ,~M'ea Master Plan and [n~an,,okalee Area Master Plan. "School Board Review" ("SBR") means tile site development plan review process for School Board projects as outlined in this [ntertocal A~eement pursuant to Sections 5 and 6 of this Agreement. "State Requirements for Educational Facilities" ("SREF") means the Florida Department' of Education State Requirements tbr Educational Facilities, effective 1999, as amended. L. "1996 Interlocal Agreement" means the I. nterlocal Agn-eement between the Collier Countyl:School Board and Collier County as recorded in Official Record Book 2207, pages 1729 et seq., wt~ich bears an effective date of June 25, 1996. TI~e Growth Management Plan's Futur~ Land Use Element (FLUE), Golden Gate Area iVlaster Plan Element (GGAMP) and Lmmokalee Area Master Plan Element .. (L4xMP) and the Collier County Land Development Code (LDC) in effect at the time that the SBR Letters of Compliance are requested will determine the land use categories and zoning districts that permit or prohibit Educational Plants and Ancillary Plants within Collier County. Except to the extent that such would be in conflict w/th the Rural Fringe Mixed Use District of the FLUE of the GMP adopted on June 19, 2002, Collier County will initiate and consider at duly advertised public hearings, amendments to the FLUE, GGAMP, and LAMP, and the LDC, to allow all future Educational Plants and Ancillary Plants in zoning districts as follows: (2) (4) Ancillary Plants ~vill be permitted by right in the General Commercial (C-4); Heavy Commercial (C-5); and Industrial (I) Zoning Districts. Ancillary Plants will be prohibited in the RSF-1 through RSF-6: Residential Single Family; Mobile Home (NIH); Travel Trailer- Recreational Vehicle Campground (TTRVC); Golf Course (GC); and Conservation (COIN3 Zoning Districts. Ancillary Plants ~vill be permitted by conditional use approval in all other Zoning Districts. Educational Plants will be prohibited in Residential Tourist (RT); Golf Course (GC); Conservation (CON); Travel Trailer- Recreational Vehicle Campground (TTRVC); Business Park (BP); and Industrial (I) Zoning Distr'/cts. (5) Educational plants will be permitted by right in all other zoning districts. Provided fun:her, ho~vever, that for a high school facility to be located in any residential zoning district (RSF, FqMF, NiH, VR, Village Residential) or any residential component of a PUD, a formal Compatibiliry Review and determination will be required pursuant to Section 5(B) of tla~s A~eement. In the event that the County denies an application based on the Compatibility-Review, the School District may request an appeal to the Board of County Commissioners (BCC) as outlined in Section 7 of'this Agreement. The parties recog'nize that Planned Unit Development (PUD) zoning is prevalent in Collier County, and as such, Educational Plants and Ancillary Plants as defined in Section 2 of this Agreement, are perrnitted uses in PUD desigmations if specifically set forth in the PUT) Document and approved by [he BCC as a permitted principal use. To assist in increasing the number of PUDs that may permit Educational Plants and Ancillary Plants, Collier County will, during review of each PUD subject to the sunsetting provision of Section 2.7.3.4 of the LDC, consider the appropriateness, in conjunction with the School Board, of adding Educational Plants and Ancillary Plants as a permitted use in the PUD. The County will consider the School Board's input in determining whether an Educational Plant or Ancillary Plant should be included as a -perrmrted principal use within any new PUD, during the PUD rezone application process. Furthermore, Collier County will initiate and consider amendments to the LDC at duly advertised public heatings that wilt limit the review of any such PLT) amendment for the sole purpose of adding Educational Plants and ,Ancillary, Plants, to the review of the Plant facilities only and the impacts associated with those added uses without further right by the County to review other issues or change other sections of the PUD Document. 4 Co Educational Plants or Ancillary Plants, whether permitted as a principal use within a PUD or in a conventional zoning district or by way of conditional use approval, will be subject to the SBR process pursuant to Sections 5 and 6 of this Agreement. Existing Educational Plants and Ancillary Plants. (1) Existing Educational Plants and Ancillary Plants shall be deemed consistent with the FLUE, GGAMP or L~MP, as applicable. Ali existing, developed Educational Plant and Ancillary Plant sites, inclusive of the four Educational Plants under construction at time of this Ageement (Site E: Sabal Palm, Golden Gate Intermediate Center-South, Golden Gate Intermediate Center- North, and Golden Gate High School) will be identified on the Future Land Use Map (FLU~I) or Map Series to be adopted as part of the FLUE, at the initiation of Collier County, at its expense. The addition of these sites on the FLUM is not a prerequisite to the School Board's ability, to proceed with any County review that may be necessary under this A~eement, or to proceed with the construction of any ~hcilities. (a) On-site expansions shall be subject to tile procedures established in Section 6.G.(2) of this Ab~eement. Expansions beyond the boundaries o~' the existing sites as demons~ated by g~e legal description shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4., ~ and 6 of this Ag-reement. Existing Undeveloped Sites Acquired by the School District for Educational Plants. In order [o meet future needs and maximize the use of the public's tax dollars and to comply with the le~,islative~ mandate to plan for future schools, the School Board has acquired a number of sites for future Educational Plants and Ancillary Plants. With the. exception as noted in subsections (o), (p) and (q) below, t'or the three sites in the Rural Fringe Area, these sites have been determined to be consistent with the locational criteria of the GMP only and GMP amendments will be proposed to include these sites on the FLUM. Once locational consistency has been determined for the sires delineated in subsections (o), (p) and (q) below, GMP amendments will be proposed to include these sites on the FLUM. The sites are as folloxvs: (a) (b) Intermediate Center South-44m Terrace S.W., proposed elementary school; Intermediate Center North-50~ Terrace S.W., proposed elementary sch{ml; (c) (d) (e) (g) (h) (i) (k) (1) (m) (n) (o). (p) (q) Intermediate Center on Hunter Blvd., proposed elementary, school; School Site G - Golden Gate Commerce Park PUD, proposed elementary, school; School Site I - future E/W Livingston Road, proposed elementary/middle school; School Site M - Lely Resort PUD, proposed elementary/middle school; Livingston Road School Site, East side of Livingston Road, proposed elementary/middle school; Rattlesnake Hannnock Road Site - adjacent to South County. bus compound, proposed transportation facility.; School Site BB - ~vest side of Livingston Road, proposed middle school; School Site E - 18"' Avenue N.E., proposed elementary/middle schook School Site F - SW comer of Everglades Blvd. and 60th Avenue N.E., propos"cd elementary/middle school; School Site J - N.W. comer o[ Everglades Blvd. and Avenue S.E., proposed elementary/middle school; School Site EE - 18~1' Avenue N.E., proposed elementaw/middle school; School Site BBB - Oil Well Road, Orange Tree PUD, I: proposed elementary/middle?nigh school or transportation facility; School Site H and CC - Blue Sage Drive, proposed elementary/middle school (see subsection 3. E. (2) below); School Site L and EEE - north of 13m Street N.W., proposed elementary/middle/high school and transportation facility (see subsection 3.E.(2) below); School Site DD and DDD - south of 20"* Street S.E., proposed elementary/middle/high school (see subsection 3.E.(2) below); (2) (~) (r) (s) Immokalee School Site - north side of Lake Trafford Road, proposed elementary/middle schools; and Immokalee Maintenance and Transportation Satellite - State Road 29, proposed transportation facility. Sites delineated in Subsections 3.E.(1) (o), (p), and (q) of this Agreement are within the Rural 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 as the Administration Commission. Pursuant 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 be "in 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 for those three sites. Also, the sites delineated in subsection 3.E.(1)(o) of this Ag-reement, desigmated Rural Fringe Neutral Lands, are in an area that is subject to a specit% requirement for performance ora Red-cockaded Woodpecker Study. The results of that study could lead to a GMP amendment to change the land use dcsi~=mation, thereby affecting the consistency determination for those sites. - Furthermore, sites delineated in subsection 3.E.(1)(q) of this Agreement are partially within the Rural Fringe Neutral Lands and partially in the Rural Fringe Sending Lands. The Sending Lands designation provides for submittal of environmental data to demonstrate the appropriateness o£' a land use designation change. This could potentially result in a land use designation change for, the Sending Lands thereby affecting the consistency determinat'ion for those sites. The parties acknowledge that due to the changes in tke population figures and legislation, certain of the above sites may be designated ~br other purposes if consistent with all elements of the GMP, and applicable portions of the LDC as set forth in this Agreement, in effect at the time a SBR Letter of Compliance is requested. If consistent with the locational criteria in the FLUE, GGAMP or LAMP, as applicable, and not within a PUD, or within a PLT) that allows Educational Plants as a permitted principal use, then the Educational Plant shall be allowed as a matter of right. All such sites will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier Count,./ at its expense. For sites within the Rural Fringe Area designated as Neutral Lands, the site area and school size shall be subject to (5) (6) the' General Education Facilities Report submitted annually by the School Board to the BCC. All such sites must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. If consistent with the locational criteria in the FLUE, GG,iaMP or I_AMP, as applicable, but within a PUD that does not allow Educational Plants as a permitted principal use, then the Educational Plant shall only be allowed if an amendment to the PUD is adopted by the BCC at a duty advertised public hearing to make the Educational Plant a permitted principal use. Such a PUD amendment shall be initiated by the Collier County School Board at its expense. For part of the sites delineated in Subsection E.(1)(q) above which is in the Sending Area of the Rural Fringe which is not consistent with the locational criteria in the FLUE, GGAMP or IA~MP, or for the sites delineated in Subsections E.(1)(o), (p) and (q) of this Agreement in the Rural Fnnge area whose consistency with the locational criteria changes based upon Subsection E.(2) of this Agreement, as applicable, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such a site consistent with the locational criteria. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, any suci: site must be located within a zoning district that allows the Educational Plant as a permitted principal use. OtheDvise, a rezone petition must be filed and approved by the BCC at a duly advertised public hearing and remain valid in order tbr the use to be allowed as a matter oi' right. The filing and expense of any necessary rezone petition shall be the responsibility of the Collier County School Board. (7) A_ny l'uture expansions beyond the boundaries of the existing Educational Plant sites, as demonstrated by the legal description, shall be sut~ject to the Consistency Review and SBR process set forth in Sections 4, 5 and 6 of this A~eement. For any GMP amendment which is initiated to add the sites to the FLU-M or Map Semes, such amendment is not a prerequisite to the School Board's ability to proceed with any Coun~ review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. Existing Undeveloped Ancillary Plants. Sites Acquired by the School District for (1) If consistent with the locational criteria in the FLUE, GGAMP or IAxMP, as applicable, and within a zoning district that allows the Ancillary Plant as a permitted principal use, then the Ancillary Plant shall be allowed as a matter of right. All such sites will be (2) identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. The sites delineated in Subsections 3.E.(1) (h), (n) and (p), of this Ag'reement, are consistent with the locational criteria in the FLUE, GGAMP or lAMP, as applicable, but not within a zoning district that allows the Ancillary. Plant as a permitted principal use, and those plants shall only be allowed if a rezone petition, or a conditional use petition, as applicable, is filed at the initiation of the Collier County. School Board at its expense, and is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Ancillary. Plant as a permitted principal or conditional use, and such rezone or conditional use approval remains valid. Sites delineated in Subsections 3.E.l(h) and (n) of this A~eement will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. (.3) The sites delineated in Subsection 3.E.(1)(p) of this Agreement are in the Rural Fringe Area. as noted and discussed in Subsection 3.E.(2) of this Agreement. Once locationai consistency has been determined for the sites delineated in Subsection 3.E.(1)(p). a GMP amendment will be prop~>sed to include the sites on the FLUM or Map Series, at Collier County's expense. Sites delineated in Subsection 3.E.(l)(p) of this Agreement may not be consistent with the locational criteria of the FLUE, GGAMP or IAMP, as applicable, pursuant to the Rural Fringe issues detailed in Subsection 3.E.(2) of this Agreement. Should this site become inconsistent, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such site consistent with the locational criteria. Additionally, this site must also be located xvithin a zoning disti'ict that aIIo~vs the Ancillary Plant as a permitted principal use, other,vise a rezone petition, or conditional use petition, as applicable, must be filed and approved by the BCC or BZA at a duly advertised public hearing. The approval must remain valid in order for the use to be allowed as a matter or' right. The filing and expense of any necessary 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, Collier County will, at its expense, initiate an amendment to the Future Land Use Map or Map Series to add the site. (4) The parties acknowledge that due to the change in the population figures and legislation, certain of the sites listed in Subsection 3.E.(l) of this Agreement may be desigmated for other purposes if consistent with all elements of the GMP, and the applicable portions of the LDC as set forth in this Agreement, in effect at the time that a SBR Letter of Compliance is requested. Any future expansions beyond the boundaries of the existing Ancillary Plant sites as demonstrated by the legal description, shall be subject to the Consistency Review and the SBR process as set forth in Sections 5 and 6 of this Agreement. (6) For any Gl¥ff' amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability, to proceed with anv County. review that may be necessary, under this A~eement, nor is it a prerequisite to the commencement of construction. Future Sites for Educational and Ancillary Plants. (1) If consistent with the IocationaI criteria of the FLUE, GGAMP or [AMP of the GMP, as applicable, and within a zoning district that allows the Educational or Ancillary Plant as a permitted principal use, then the plant shall be allowed as a matter of right. Once acquired, the site will be identified on the FLUM or Map Series to be adopted as parr of the FLUE, at the initiation of Collier CounU, at its expense. (2) [f consistent with the locational criteria in the FLUE, GGAMP or LAIvIP, as applicable, but ~'athin a PUD that does not allow Educational Plants or Ancillary Plants as a permitted principal use, then the Educational or Ancillary Plant, as applicable, shall only be allowed ii' an amendment to the PUD to make the Plant a permitted principal use, at the initiation of the Collier Coun~ School Board at its expense, is approved by the BCC at a duly advertised public hearing. Subsequent to acquisition by the Collier County. School Board, Collier County will, at its expense, initiate an amendment to the FLUM or Map Series to add the site. If consistent with the locational criteria of the FLUE, GGAMP or'LAMP, as applicable, and not ~vithin a PUD, but within a zoning district that does not allow the Educational or Ancillar:/ Plant as a permitted principal use, then the plant shall only be allo~ved if a rezone petition or conditional use petition, as applicable, is filed, at the initiation of the Collier County School Board at its expense, and such amendment or conditional use, as applicable, is approved by the BCC or BZA at a duly advertised public hearing to make the Educational or Ancillary Plant a permit-ted principal use. Thereafter, the Educational or Ancillar7 Plant shall be allowed on the site as a matter of right. Subsequent to acquisition by the Collier County School Board, Collier County will, at its expense, initiate an amendment to tl~e FLUM or Map Series to add the site. l0 (4) (6) If not consistent with the locational criteria of the FLUE. GGAMP or IAMP, as applicable, and within a PUD that does not allow Educational or Ancillary Plants as a permitted principal use, then the plant shall only be allowed if an amendment to the appropriate Element to make such site consistent with the locational criteria is filed, at the initiation of the Collier County School Board at its expense, and is approved by the BCC and becomes effective. Such a GMP amendment must also include an amendment to add the site to the FLUM or lVlap Series. Additionally, the plant shall only be allowed if an amendment to the PUD, initiated by the Collier County School Board at its expense, is approved by the BCC at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a pe,wnitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. If not consistent with the locational criteria in the FLUE, GGAMP or La.kW, as applicable, not ~vithin a PUD, and in a zoning district that does not allo~v the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if an amendment is filed, at the initiation of the Collier County School Board at its expense to the appropriate GMP Element so as to make such a site consistent with the locational criteria of same, and such amendment must be approved by the BCC at a duly advertised public hearing and thereafter become legally effective. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the Plant shall only be allowed if a rezone petition or conditional use petition, as applicable, initiated by the Collier County School Board at its expense, is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site:as a matter of right. Any future expansions beyond the boundaries of the Educational or Ancillary Plant site as demonstrated by the legal description, shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4, 5 and 6 of this Agreement. For any GMP amendment that the County initiates to add the sites to the FLUIvl, such amendment is not a prerequisite to the School Board's ability, to proceed with any County review that may be necessary under this Abn:eement, nor is it a prerequisite to the commencement of construction. It is understood, pursuant to Section 3A of this A~eement, that conditional use petitions will not be required for an Educational Plant. l[ All proposed development to take place on all existing, proposed and future sites for Educational Plants and Ancillary Plants must be consistent with each and every other applicable Element of the GMP. The following process will be follo~ved with respect to future Educational Plant and Ancillary Plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP xvill be reviewed during the SBR process. Consistency Reviexv: The Consistency Reviexv will be conducted as follows: (1) Prior to the purchase of a site for an Educational Plant or Ancillary Plant, the School District will request a pre-application meeting with the County.. (2) The County. will schedule a pre-application meeting ~vith the School District within three (3) weeks or' a request being submitted to the CounD'. (3) The County will review tt~e proposed site lbr consistency with the FLUE, GG,KMP, LKMP, as xvell as the LDC and fundamental planning and design princ.i-ptes including compatibility, with surrounding uses, complementary pattern or' development, landscaping and buffering concerns, storm~vater management, configuration of the t-rat'ftc circulation systems, consideration of natural resources and mitigation or' on-site and off-site negative impacts. The Count'./ will provide a consistency determination based only on the locational criteria of the FLUE and whether the Plant is a permitted use, conditional use or prohibited use in the zonin~ district on the site. Consistency with ali oti~er Elements'of the GMP will be determined during the SBR Review process. The following additional information will be submitted to determine major issues that may affect site fea.sibiliry: (a) Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property. (b) Future Land Use Desiumation. A map of the subject property designating each use, such as elementary., middle, or high school and whether such use includes a stadium, with acreage tables tbr each land use designation. 12 (4) (6) (c) Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species kno~vn to occur on the site and/or known to inhabit biological communities similar to the site. (d) Growth Management. Identification of any Area of Critical State Concern and Development of Re~onal Impact. (e) Timing and [moact of Devetonment. Indication of whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so. identification of the year. Public Facilities and Trans~2ortation. 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 xvater and sanitary, server services, .arterial and Collector roads, drainage and solid xvaste facilities. Where applicable, service availabilitw' letters will also be provided. The School Board will provide a map detailing the location of existing services and public facilities that xvill serve the proposed site. (g) The School Board-xvili idcntif~ any flood zone. wellfield, tra~77c congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. Within 45 days of the submission of the information outlined in Section 4.A(3) of this Ageement, the County. will provide xvTitten comments and recommendations to the School District along with~ a determination of the site's consistency with the GMP locat~onal criteria and LDC zoning districts. Necessary on- site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this locational Consistency Reviexv. Le~er of Consistency: Alter the Coun¢' review, the Planning Services Director, or his desig-nee, shall issue a Letter of Consistency for the GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the Count's determination of consistency as required by Section 1013.32(11) Florida Statutes. After the County has determined that the site is consistent with the GMP locational criteria and LDC zoning districts, the School 13 Distr/ct 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 changes to either the GMP or LDC. (7) After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GL[P, the County. and School District will enter into a written agreement as part of the pre-application process detailed in Section 6 (D)(2) of this Agreement, as to the t/ming and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. 5. SCHOOL BOARD REVIEW The County will conduct an expedited site plan review for all Educational Plants and Ancillary Plants to ensure compliance and/or consistency with the GMP, fundamental planning and design principles, compatibility with surrounding uses. complementary pattern of development, configuration of the traffic circulation systems. consideration of natural resources and mitigation of negative impacts, as follows: Collier County Utilities Standards and Procedures, Ordinance No. as amended. (l) [n accordance with Ordinance No. 01-57, that portion of the xvatcr and/or xvastewater system that lies in the public rights-of- way or in County utility, easements (CUE) st~ai1 be conveyed to the Collier County Water/Sexver District. prior to the issuance of the Certificate of Occupancy: (2) All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at ttxe time a SBR Letter of Compliance is requested. (3) (4) Division 3.16 of the LDC designed to protect local government water supply wellfietds from land uses that may pollute shall apply, i, Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assi~m the responsibility for the cost of ups/zing said water and/or wasrexvater facilities. The School District shall be responsible for all materials and/or real property required for the water and/or wastexvater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps. (6) South Florida Water Management District (SFW2v[D) Permits shall be submitted prior to the issuance of an SBR approval. 14 Compatibility Review. The County will conduct a Compatibility Review which will take into account the Architectural and Site Desitin Standards contained within Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary pane,ms of development and mitigation of negative impacts, limited to compatibility. issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities. In addition, the Utility Billing and Customer Service (UBCS) Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this Compatibility. Review will be a courtesy revie~v. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in Section 7 of this Ag-reement in the event that the County denies the application based on non-compliance with the items listed in this para,apb. Landscaping and Buffering. Division 2.4 of the LDC in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the LDC allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancilla~ Plants. Specifically, the County will recommend flexibility in the r%ulations for projects where there will be joint use-by the County Deparn-nent of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be ~anted provided the School District can demonstrate that the intent of this Division can. be effectively accomplished without meeting the specific developmdnt standards. The administrative deviations shall be requested in the format set forth in Section 2.8.2.5 of the LDC. Environmental regulations tbr compliance with the Collier County, GMP Conservation and ~,oastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: On a site by site basis, County staff will determine the necessity. for an Environmental Impact Statement (ELS) to be submitted. (2) The final SFWNLD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. (3) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with Collier County's LDC and GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) agency permits. 15 '7, (4) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/ wetlands preserYe or protected species preserves. (5) The GMP requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. (6) An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. (7) All environmental documentation must be submitted pr/or to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal reviexv process will not commence until such documentation is received and the application is deemed sufficient for reviexv. Alt State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all building information necessaw to determine site requirements including but not limited to fire flow requirements and fire sprinkler requirements. Collier County. Stormwater Management Policies as follows: A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. (2) SFWMD p~rmits must be submitted prior to a determination that the SBR application is sufficient for reviexv. (3)- ' Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capaciW to accommodate the proposed development. If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. 16 Public Educational Plants and )mcillary Plants are deemed to be essential public serv/ces and as such are subject to a Capital Improvement Element (CIE) review for a public facility adequacy analysis. Minimum yard setback requirements shall be 50 feet from all property. lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. Off-Site Impacts - In accordance with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and Collier County. will jointly determine the need for, and timing or; on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GNLP and LDC, and will enter into a ,,vdt-ten agreement at the preapplication stage pursuant to Section 6.D.(2) of this Agreement, as to the timing and location, and the entity or entities responsible for the cost. construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: (1) The School District shall be responsible tbr off-site improvements that are determined to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherxvise in writing and the County determines and agn'ees otherxvise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the Educational Plant or Ancillap~ Plant. Off-site improvements include, but are not necessarily limited to, the widening of adjacent road,,vays and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections ~vithin the immediate vicinity of the school site which are adversely impacted as a direct result of the same: and any other improvements determined to be necessary by Collier County Transportation Services Division and the Public Utilities Division. (2) Turn Lanes - The School District shall be responsible for turn lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary, turn lane improvement(s) determined by Collier County Transportation Staff shall be' in place prior to the issuance of the first permanent Certificate of Occupancy. When said turn lane improvement(s), whether left turn lane(s) or fight turn lane(s), are determined to be necessary, fight-of-way and/or compensating right-of-way, shall be provided in conjunction xvith said improvement(s), as determined by Collier County Transportation Staff. All turn lane desig-n criteria used shall be in accordance ~vith the minimum I7 Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with Collier County regulations. (9) In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to the improvements required to mitigate the off-site transportation impacts but only as they relate to such expansion. SCHOOL BOARD REVIEW PROCESS. The SBR for School Board projects shall be reviexved under the following expedited process: The SBR application will be reviewed only as to the criteria set forth in Section 5 of this Ageement. The SBR application submittal shall be in accordance with Section 3.3 of the LDC, but only as to those submittal requirements which are consistent with the revie~v criteria set forth in Section 5 of this Abn'eement. The Parties will develop a checklist that defines the items to be submitted for a SBR review application. Prior to commencing construction or-site preparation, the School District shall request a pre-application meeting with the County. The County will schedule a pre-application meeting with the School District ~vithin three (3) weeks of a req.uest being submitted to the County. (l) (2) The County will review the development proposal for compliance with the Letter of Consistency required in Section 4.A of this A~eement. The partie~ will discuss and enter into a written a~eement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required offsite improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability, to proceed with any County review that may be necessary, under this A~eement. At least 120 days before commencing construct/on or site preparation, the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. (1) The County shall have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. 19 (2) Once the application package is sufficient, the Coun~ shall have 90 days to complete the reviesv and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County. and School District. Once an affirmative determination has been rendered, the School District may obtain building permits and commence construct/on. (3) Failure by the County to issue a Letter of Compliance within 90 days after determining the application package sufficient review shall be considered an approval. However, if within 90 days, the County denies the application based on non- compliance with the relevant standards of this Agreement. the SBR shall be considered denied and the School District shall be authorized to pursue an appeal. Letter of Compliance: After the expedited review and the CountT's determination of compliance with the terms of this Interlocal A~eement. the Ptanning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this AgTeement. the Planning Services Director shall, at the request of the Schooi Dis~icr Superintendent's designee, provide the County's determination and the basis o1: it in ~vriting to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in Section 7 of this Agreement. The parties agwee that the School Distr/ct shall not request reviews and that CounW review is not requested or required for: (2) The placement of temporary or portable classroom facilities; or Proposed r¢novatmn or construction on existing school sites, with the exception of construction that: (a)'. (b) (c) (d) changes the pr/mary use of a facility, includes a stadium, results in a g-reater that five percent (5%) increase m K- 12 student capacity, or encroaches upon the established setbacks as set forth in this A~eement Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A-58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and server capacity and to the proper 2O 10. sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities. SBR and Consistency Revie~v Fees: The County will develop a review fee for the processing of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. APPEAL: In the event that the County denies the application based on non- compliance with relevant standards of this Agreement, or in the event the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of this Agreement, the Scb. ool District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. A request for appeal shall be filed in writing with the Planning Services Director. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other back'up information in support of the appeal. The BCC shall hold an advertised public heanng on the appeal and shall consider the decision of the Planning Services Director, the position of the School District and public testimony. In the event that the BCC upholds the decision or' the Planning Services Director, the School District sha[1 then be authorized to pursue any legally available action or remedy to resolve this matter. In the event that the BCC upholds the position of the School District. the BCC shall direct the Planning Services Director, or his desibmee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. _ The County will initiate an amendment to the Land Development Code to exempt Ancillary Plant conditional use approvals from expiration, as long as the Plant is listed on the School Board Capital Outlay Plan f¥om the time the conditional use is granted until the property is developed. A_ny GMP amendments that the County is required to consider pursuant to this Agreement shall be initiated in the next available amendment cycle. Any LDC amendment that the Coun~ is required to consider pursuant to this Agreement shall be initiated in the third LDC amendment cycle in 2003. Exceptions to this time line are for sites that may be impacted by the Rural Fringe GMP amendments, as noted in subsection 3.E.(2) of this Agreement, and FLUM or Map Series amendments for sites yet to be acquired by the School Board. As set forth in the preamble to this Agreement, the purpose of this lnterlocal Agreement is to meet the intent and requirements of Section 1013.33, Florida Statutes'. 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 beloxv, this Ab~eement shall become null and void. This Ag-reement replaces and supercedes the 1996 Lnterlocal Agreement defined herein. With such replacement, it is understood and agreed by the parties that the School Board has agreed to replace the I996 Interlocal Ag-reement process with 21 the expedited and abbreviated Consistency Review and SBR process based upon the good faith representations of the County. in pursuing and implementing the GMP amendments and the LDC amendments contemplated in this Agreement. 12. Should any GMP amendment or LDC amendment required to be initiated under this Agreement fail to obtain the required approval by the BCC, then the parties shall renegotiate the provisions related to the failed amendment. The renegotiation of such amendment only affects the validity of that portion of the agreement related to the failed amendment, and the remainder of the Agreement remains in full force and effect. 13. Between the effective date of this Agreement and the effective date of any GMP amendments or implementing LDC amendments that are not dependent upon the adoption of the GMP Amendments, any of which are required to be initiated or considered by the County under this Agreement, the provisions of this Agreement shall control, to the extent that the Agreement is not inconsistent with the current GMP. The parties understand that this provision's intent is to follow the procedures set forth in this Agreement, such as the consistency review process, the School Board Review process, and the determination of zoning based on the Agreement so long as the property is deemed an allowable use in the GMP, regardless of the current LDC provisions, except as limited by the PUD provisions of this Agreement. This provision is supported by the zoning in progress rule as set forth in Smith v. City of Clearwater. 383 So. 2d 681 (Fla. 2d DCA 1980). 14. The term of this Agreement shall be for a period of six years; provided, however, both parties agree that this Agreement shall be reviewed and, if necessary, updated every two (2) years. 15. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officials on the dates set forth below. ATTEST: D WIGHT .-~., ... : *.~ ' r -' . .': .'~.~ · BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNIN~ Date: 22 Approved as to form and legal sufficiency: D~vid C.(J~Veiget, County/Attorney ATTEST: By: Dr. H. Benjamin ~arlin, Superintendent Date: COLLIER COUNTY SCHOOL BOARD L-[n~f,~ A[bbotL Chair Date: 404765 I 23 HI. CURRENT PROJECTS EXECUTIVE SUMMARY STATUS REPORT ON THE BRIDGE TO GOLDEN GATE HIGH SCHOOL TO THE ANNUAL JOINT BOARD MEETING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLLIER COUNTY SCHOOL BOARD OBJECTIVE: For the Board of County Commissioners and the School Board of Collier County to discuss a recommendation to provide a pedestrian bridge from Golden Gate City to Golden Gate High School and a Collier County Park at Tropicana Boulevard. BACKGROUND: In January 2001, District staff initiated meetings to coordinate with Collier County Parks and Recreation and the Collier County Transportation'Planning Services Department to provide pedestrian access to a county park and a school site from Golden Gate City. Multiple meetings were held with County Parks and County Transportation Division. The meetings were primarily held to coordinate the timing of the pedestrian bridge with the opening date of the school and to design the school site in a way that both the county park and the school would benefit from the pedestrian bridge location. ARer a feasibility study was completed, one lot was selected for the pedestrian bridge. The location of the selected lot was shared with County Parks and Transportation before moving forward with contacting the property owner. Afterwards, District staff negotiated a purchase agreement with the property owner and recommended the property for acquisition to the School Board. The School Board approved the purchase contract on March 21, 2002. The County Parks and Recreation Department was awarded Transportation Enhancement funds in the amount of $300,000 toward the construction of a pedestrian bridge. The County Board of County Commissioners approved this project and the pedestrian bridge is programmed for construction in the County's Capital Work Program for 2003-04 as a County Parks and Recreation project. Site and building plans for the new high school were officially submitted to the County in October 2002. The site plans showed the pedestrian bridge at the 32nd Avenue location. During the review, the County Transportation Division requested that the concept for a vehicular bridge be explored and that it should extend directly from Tropicana Boulevard. The Board of County Commissioners asked their staffto evaluate the vehicular bridge proposal and meet with the Golden Gate City community to gauge community support for the proposal to change from a pedestrian to a vehicular bridge. Many meetings were held with the community and School District staff. These meetings resulted in an understanding that the location at 32na was not preferred and that a vehicular bridge at the Tropicana location was not deemed necessary at this time. If future conditions determine that a vehicular bridge would be necessary or desirable at that location, the pedestrian bridge could be built in such a way that it would not preclude the construction of a vehicular bridge at the Tropicana location. CONSIDERATIONS: In discussions between the community, School District Services staff the following conclusions have been made: staff and County Transportation 1) It has been affirmed that the previous agreement on the pedestrian bridge concept resulting from extensive coordination between School District staff and County staff provides mutual benefit to both as outlined below. a. County i. The pedestrian bridge provides access to a County linear park to be used for walking and jogging activities. ii. The pedestrian bridge provides relief of bus and student driver traffic generated by the new High School on CR 951. A pedestrian bridge would eliminate the need for 10 to 12 buses that would have used CR 951 to access the school site. b. School i. District With pedestrian access across the Golden Gate Canal, over 700 students would be able to walk to school, which would reduce transportation costs. Currently, approximately 1200 students from Golden Gate City attend Naples High School. Of those 1200 students there are a total of 81 student drivers from the Golden Gate City area. A bridge would provide pedestrian access to the new high school for over half of the students in Golden Gate City. 2) The Transportation Enhancement funds of $300,000 can be used toward the construction of a pedestrian bridge only. 3) The community has expressed a preference for the Tropicana Boulevard location for the bridge due to the impact of cars and pedestrians using a local neighborhood street to access the pedestrian bridge from the School Board lot on 32na Avenue SW. RECOMMENDATION: The following is recommended by School District staff and County Transportation Services Staff for consideration and discussion by the Board of County Commissioners and the School Board: 1) School Board will purchase properties at the Tropicana location for the purposes of constructing a pedestrian bridge; 2) The County and the School Board will split all costs associated with design and construction of the pedestrian bridge that are over and above the $300,000 FDOT Transportation Enhancement Award. The County and the School Board will also share costs for a roundabout, parking, landscaping and future maintenance of the site and bridge; 2 3) As the County Transportation Services Division is LAP certified through the FDOT, it will be responsible for ensuring that the design and construction of the bridge meets FDOT requiremems; 4) The pedestrian bridge will be located such that it would not preclude the construction of a vehicular bridge if one were deemed to be needed in the furore. The School Board and the County would determine a fair share costing for a vehicular bridge if constructed in the future. 3 NO~ FE~E~ ADMINISTRATOR TR~SPORTATION SERVICES DIVISION C~LLIER COUNTY GOVERNMENT COLLIER COUNTY PUBLIC SCHOOLS DATqE ~' DATE EXECUTIVE SUMMARY/JOINT BOARD MEETING 4 IV*. IMPA RF..PORT STATUS REPORT UPDATE STUDY EXECUTIVE SUMMARY ON THE ONGOING EDUCATIONAL FACILITIES IMPACT FEE OBJECTIVE: To provide a status report to the Collier County Board of County Commissioners and the School Board of Collier County on the ongoing Educational Facilities Impact Fee Update Study. CONSIDERATIONS: The Educational Facilities Impact Fee Ordinance, 92-33, as amended became effective September 10, 1992, and provided for the collection of School Impact Fees on behalf of the School Board of Collier County through an interlocal agreement. Ordinance 92-33 did not specify the maximum number of years between Ordinance update studies, but rather tied the review to the Collier County School Board 5-Year Capital Outlay Summary. The Educational Facilities Impact Fee has not been updated since its adoption in 1992. The Collier County Consolidated Impact Fee Ordinance (C~O) became effective on March 19, 2001 and combined each of the County's Impact Fee Ordinances into a single document, which repealed and superceded, in their entirety, the existing individual Ordinances. Included in the CIYO is the requirement that each of the impact fee studies be reviewed at least every three (3) years. Therefore, a review and update of the Educational Facilities Impact Fee was immediately required. The consultant hired to perform an Impact Fee Update Study will review, evaluate and revise (as needed) the methodology used to calculate the impact fee. Update studies also contemplate changes in population, socioeconomic data and cost changes in construction, land acquisition, etc. in order to ensure that the impact fee meets, but does not exceed, the anticipated costs related to Public Facility capital improvements/additions necessitated by growth. The consultant establishes the "maximum legal limit" for the impact fee and establishes the methodology and supporting documentation, which is the cornerstone and legal basis of the fee. Although the trend in Collier County has been towards the adoption of impact fees at, or near, their legal limit, the governing body that adopts the Ordinance has discretion in the final dollar amount of the impact fee. In the case of School Impact Fees, the School Board will make a recommendation to the Board of County Commissioners regarding the dollar amount that the School Impact Fee will be increased and the timing of the-implementation of the new fees. Based upon the School Board's recommendation, the Board of County Commissioners would adopt the Educational Facilities Update Study and new rate schedule, as and amendment to the C~O. Below is a chronological history of the major events related to the ongoing Educational Facilities Impact Fee Update Study: · October 31, 2001 - Request for Proposal (RFP) advertised through Collier County's Purchasing Department, with the understanding and cooperation of the CCPS Purchasing Department Executive Summary - School Impact Fees October 10, 2003 Page 2 February 7, 2002 - Selection Committee meeting held and finns short-listed, with Henderson, Young and Company ranked first. The Selection Committee was comprised of staff members from the Collier County Public Schools' Purchasing Department, Colher County's Purchasing Department, Impact Fee Administration and the County Attorney's Office June 25, 2002 - Contract approved by BCC; Total contract value/cost of study - $39,575.00. The study is paid by School Impact Fees that are paid to the County ($6.25/$1000 collected) for administrative functions · November 2002 through Present - data collection, review of current methodology, legal issues and Ordinance review is ongoing. · Upcoming - Upon a complete set of data being assembled by the Consultant, a draft of the revised methodology and rate schedule will be prepared and forwarded to staff (BCC and CCPS) for review. Upon staff' review of the draft study and proposed fees, the information will be forwarded to the School Board for review, consideration and recommendation. The School Board's recommendation will include the dollar amount of the increase to the School Impact Fee, which will be based upon the Consultant's findings and ultimately up to the School Board's discretion. The School Board's recommendation will be forwarded to the Development Services Advisory Committee and the Collier County Productivity Committee for review. (This is required of all Impact Fee Studies) Based upon the recommendations of the Consultant, Collier County School Board and the two Advisory Committees, Educational Facihties Update Study will be presented to the Board of County Commissioners for consideration and adoption through the Public Hearing Process. FISCAL IMPACT: Collections of Educational Facilities Impact Fees have averaged approximately $8 million per year over the past two fiscal years. The future revenue generated by Educational Facilities .Impact Fees will have a direct relationship to the increase in impact fee rates as well as trends in new construction, i GROWTH MANAGEMENT IMPACT: The purpose of Educational Facilities Impact Fees is to ensure that development that necessitates additional Public Facilities (schools) contributes its fair share towards the cost of the improvements and additions to the effected Public Facility. Therefore, impact ~fees must be reviewed and adjusted periodically in order to ensure their lawful imposition and collection thereby continuing to support capital project funding and remain in compliance with the Growth Management Plan. RECOMMENDATION: None required at this time. The Educational Facilities Impact Fee Update Study, through an amendment to the CIFO, will require the approval of the School Board and the Board of County Commissioners and will be presented to both Boards, and as a Public Hearing, at a later date. Executive Summary - School Impact Fees October 10, 2003 Page 3 SUBMITTED BY: (/~]4./6~ ~ Date: Amy Pa~rs'on, Impact Fee Coordinator REVIEWED BY: . ~~_~'~_,~ Date: ?~/D~tnton Baker, Director / ~/~nancial Administration and Housing APPROVED BY: ~ Date: / ~ c?~m tr., Adm~n~tr.at_or (/~mmunity Development and Environmental Services Division PUBLIC NOTIC FOt:t LAND ACQUISmON