2007-57HARRY R FIX AICP
201 W BURLEIGH BLVD
TAVARES, FL 32778
December 26, 2007
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NEIL YELL't- GLERh; OF CDURT
LAKE COUNTY
RECOF:DING FEES 31b.i+t?
INC~EkING FEES 1s.in1
First Amended
Interlocal Agreement
Between
Lake County
And
Lake County School Board
And
Municipalities
For
School Facilities Planning and Siting
Book3644/Page1 CFN#2008074608 Page 1 of 37
TABLE OF CONTENTS
SECTION 1 COORDINATION AND SHARING OF INFORMATION ......................5
Section 1.1 Joint Meetings ....................................................................................................5
Section 1.2 Oversight Process ..............................................................................................6
Section 1.3 Student Enrollment, Population Projections, Growth and Development Trends6
Section 1.4 Local Planning Agency, Comprehensive Plan Amendments, Rezonings, and
Development Approvals .......................................................................................................7
Section 1.5 Co-location and Shared Use ...............................................................................7
SECTION 2 PLANNING PROCESS .............................................................................8
Section 2.1 Educational Plant Survey ...................:...............................................................8
Section 2.2 Tentative District Educational Facilities Plan .....................................................8
Section 2.3 Public School Facilities Element Development and Updates .............................9
Section 2.4 Future Land Use Classifications in which Public Schools are Allowed .............9
Section 2.5 Items to be Considered in Evaluating New School Sites, Significant
Renovations, and Potential Closures of Existing Schools ....................................................9
SECTION 3 ZONING CATEGORIES IN WHICH SCHOOLS ARE ALLOWED..10
Section 3.1 Zoning Categories ............................................................................................11
SECTION 4 SITE DESIGN/DEVELOPMENT PLAN REVIEW ...............................11
SECTION 5 SCHOOL CONCURRENCY IMPLEMENTATION .............................12
Section 5.1 Procedure .........................................................................................................12
5.1.1 Amendments to Key Concurrency Components ....................................................12
5.1.2 Comprehensive Plan ..............................................................................................13
5.1.3 Land Development Code ........................................................................................14
5.1.4 Five Year Facilities Work Program .........................................................................14
Section 5.2 Level-0fService Standards ..............................................................................14
Section 5.3 School Concurrency Service Areas .................................................................15
Section 5.4 Demand Monitoring and Evaluation .................................................................15
Section 5.5 Applicability and Capacity Determination ........................................................16
5.5.1 Applicability ...........................................................................................................16
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First Amended Interlocal Agreement for School Fadlkles Planning and SNing December 26, 2007
Book3644/Page2 CFN#2008074608 Page 2 of 37
5.5.2 Process for Determining School Facilities Concurrency ........................................16
5.5.3 Concurrency Determination Standards ..................................................................17
Section 5.6 Mitigation Alternatives .....................................................................................19
SECTION 6 IMPLEMENTATION AND AMENDMENTS .........................................20
SECTION 7 TERMINATION .........................................................................................21
SECTION 8 RESOLUTION OF DISPUTES ..............................................................21
SECTION 9 EFFECTIVE DATE ..................................................................................21
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First Amended Intsrlocal Agreement for School Facllkles Planning and Siting December 26, 2007
Book3644/Page3 CFN#2008074608 Page 3 of 37
STAMORY BASIS AND INTENT
This is an interlocal agreement for public educational facility planning and siting in Lake County. This
agreement is made and entered into this day of , 2006, by and between the Board
of County Commissioners of Lake County, a political subdivision of the State of Florida, ("County") and the
School Board of Lake County, Florida, a public body corporate, ("School Board'), and the municipalities of
Astatula, Howey in the Hills, Tavares, Mount Dora, Eustis, Umatilla, Leesburg, Lady Lake, Fruitland Paris,
Minneola, Mascotte, Groveland, Clermont, and Montverde ("Cities").
WHEREAS, an interlocal agreement was initially executed in 2003, and has been updated to reflect
changes in the state concurrency legislation relating to public schools as provided in Laws 2005, c. 2005-
290 ("S.B. 360"), which became effective July 1, 2005; and
WHEREAS, the County, the Cities and the School Board recognize their mutual obligation and
responsibility for the education, nurturance and general well-being of the children of Lake County; and
WHEREAS, it is mutually beneficial for the County, the Cities and School Board to support efforts
that facilitate coordination of planning for the location and development of public educational facilities to
serve the children of Lake County and to ensure that the impacts of new development occur only in
accordance with the ability of the County, the Cities and School Board to maintain adequate level of service
standards; and
WHEREAS, Sections 1013.33(1), 163.31777, and 163.3180(13), Florida Statutes, require
coordination of plannfng between the school boards and local governing bodies to ensure that new or
expanded public educational facilities are coordinated in time and place with plans for residential
development concurrently with other necessary services; and
WHEREAS, Section 1013.33(10}, Florida Statutes, requires that the location of public educational
facilities shall be consistent with the comprehensive plan of the appropriate local governing bodies and any
applicable implementing Land development regulations, to the extent that the regulations are not in conflict
with, or the subject regulated is not specifically addressed by this Chapter 1013, or the State Uniform
Building Code, unless mutually agreed by the County, the Cities and the School Board; and
WHEREAS, Section 163.31777(1)(a)avd 1013.33(2}(a), Florida Statutes, further require each
county, all the non-exempt municipalities within the county, and the district school board to establish jointly
the specific ways in which the plans and processes of the district school board and local governments are to
be coordinated; and
WHEREAS, public schools should be provided in proximity to the actual and projected population
of school age children to be served by such schools; and
WHF_REAS, the County and the Cities have determined that schools define urban form and create
a sense of place in a community and are the cornerstones of effective neighborhood design and a focal
point for development of neighborhood plans and improvements including, but not limited to, parks,
recreation, libraries, children's services and other related uses; and
WHEREAS, the School Board has determined that the location of schools, as part of stable and
well designed neighborhoods enhances, educational programs, encourages community support and
supports safe, secure and effective educational environments for the children that utilize these facilities; and
WHFJ2EAS, the County and the Cities are responsible for planning for and providing other
essential public facilities and are committed to provide such facilities in support of public school facilities and
programs; and
WHEREAS, the School Board, the County and the Cities have mutually agreed that coordination of
School Board facility planning and planning for the County and the Cities is in the best interests of the
citizens of Lake County; and
WHEREAS, section 163.3180 (13), Florida Statutes, requires the County, the Cities and School
Board to implement a school concurrency program; and
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Book3644/Page4 CFN#2008074608 Page 4 of 37
WHEREAS, the County, the Cities and the School Board are mandated to enter into this Interlocal
Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2, Section 163.3180(13)(8), and Section
1013.33(2)(a), Florida Statutes,; and
WHEREAS, sections 163.31777 and 163.3180(8), Florida Statutes, sets the school concurrency
requirements that must be implemented through interlocal coordination between the County, the Cities and
the School Board; and
WHEREAS, the County, the Cities and the School Board have met and coordinated with respect to
the statutory requirements for a countywide, uniform school concurrency program; and
WHEREAS, the School Board is obligated to maintain and implement afinancially-feasible, 5-year
capital facilities program based on the level of service standards provided for in this Agreement; and
WHEREAS, the County and the Cities are required to amend their comprehensive plan and Land
Development Regulations, as appropriate and necessary, in order to effectuate their obligations under this
Agreement and state statute; and
WHEREAS, the School Board has a constitutional and statutory obligation to provide a uniform
system of free public schools on a countywide basis; and
WHEREAS, the County and the Cities have the sole authority to undertake land use planning and
to implement necessary land development regulations within their jurisdictions; and
WHEREAS, this Agreement neither is intended to nor does it delegate or transfer any land use
planning or regulatory authority to the School Board; and
WEHREAS, the Concurrency Review Committee requested certain changes to the Interlocal
Agreement by vote at its meeting held on February 7, 2008, such changes being incorporated into this First
Amended Interlocal Agreement.
NOW THEREFORE, be it mutually agreed between the School Board of Lake County and the
Board of County Commissioners of Lake County and the cites of Astatula, Howey in the Hills, Tavares, Mt.
Dora, Eustis, Umatilla, Leesburg, Lady Lake, Fruitland Park, Minneola, Mascotte, Groveland, Clermont, and
Monteverde that the following requirements and procedures shall be utilized in coordinating land useandthe
siting of public school facilities:
Section 1 Coordination and Sharing of Information
Secfion 7.7 Joint Meetings
1.1.1 Staff of the County, the Cities, and the School Board shall meet at least quarterly to discuss issues
regarding coordination of land use and school facilities planning, including such issues as population and
student projections, levels of service, capacity, development trends, school needs, co-location and joint use
opportunities, and ancillary infrastructure improvements needed to support schools and ensure safe student
access. The School Board staff shall be responsible for making meeting arrangements. Such meetirxfsshall
be held during the first two weeks of January, April, July and October each year.
1.1.2 The Lake County Educational Concurrency Review Committee shall meet at least annually, but more
often as needed. The annual meeting shall be held during the first two weeks of December each year. The
annual meeting will provide an opportunity for the Committee to hear reports, discuss policy and reach
understandings concerning issues of mutual concern regarding school concurrency, coordination of land use
and school facilities planning, population and student growth, development trends, school needs, off-site
improvements, and joint use opportunities. The Superintendent of Schools or designee shall be responsible
for making meeting arrangements and providing notification, including notice to the general public.
1.1.3 The Lake County Educational Concurrency Review Committee shall be composed of the following
members: Sixteen members, with one representative from the Lake County School Board, one from the
First Amended Interlocal Agreement for School Facilities Planning and Sitlng December 26, 2007
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Lake County Board of County Commissioners, and one representative from each City. Members may be
elected officials or citizens. Members of the Committee shall be appointed annually by each appointing
body. The Committee shall elect a chair and avice-chair and shall adopt such rules as it determines are
necessary. The Committee shall be subject to the Public Meetings Law and all meetings shall be duly
noticed, open to the public, and duly advertised. Six members of the committee shall constitute a quorum
Section 7.2 Oversight Process
The effectiveness with which the Interlocal Agreement is being implemented shall be considered at the
annual meeting described in Section 1.1.2. The staff representatives of each local government and the
School Board, as described in Section 1.1.1, shall provide technical review and recommendations regarding
any need for change to the provisions of the agreement. The workshop shall be publicly noticed and the
agenda shall provide an opportunity for public input and comment. The representatives of each of the local
governments and School Board will report back to their respective bodies with recommendations for any
needed changes to this Agreement. The Committee shall prepare and adopt an annual report summarizing
its findings and shall distribute such report to the County, all Cities and the School Board.
Section 1.3 Student Enrollment, Population Projections, Growth
and Development Trends
1.3.1 In fulfillment of their respective planning duties, the County, the Cities, and the School Board agree to
coordinate and base their plans upon consistent projections of the amount, type, and distribution of
population growth and student enrollment. The School Board shall be responsible for developing student
enrollment projections and generation rates and the County shall be responsible for developing countywide
population growth projections. The School Board and County shall consult with the Cities in developing its
projections. The School Board shall use the procedures set forth in Section 5.1.1 (2) in making any changes
to the methodology of how these projections are m ade.
1.3.2 The School Board shall utilize both district-wide student population projections, which are based on
information produced by the demographic, revenue, and education estimating conferences pursuant to
Section 216.136, Florida Statutes, where available, and projections based on the Concurrency Service
Areas (CSA) established in Section 5 of this Agreement. These projections may be modified by the School
Board based on local development trends and data with agreement of the Florida Office of Educational
Facilities and the SMART (Soundly Made, Accountable, Reasonable and Thrifty) Schools Clearinghouse.
Such student population projections shall take into account students who are home schooled, who attend
private schools, or who attend non~onversion charter schools.
1.3.3 Quarterly, the County and each City shall provide the School Board with a report on growth and
development trends within their respective jurisdiction, by CSA, as provided in Section 5 of this Agreement.
This report will be In tabular, graphic, and textual formats and shall be provided by January 15, April 15, July
15 and October 15 of each year for the quarter that ended on the last day of the previous month.
(1) The report shall include the following:
The type, number, and location of residential units which have received zoning
approval or site plan approval, and 'rf available, any phasing plans for such
development;
Information, to the extent available, regarding the conversion or redevelopment
of housing or other structu res into residential units which are likely to generate
new students;
The amount of school impact fees assessed by unit type, the unit of local
government from which the fees were collected, the amount of impact fee
revenues collected, and any pending changes to the school impact fee schedule;
First Amended Interlocal Agreement for School Facilities Planning and Siting December 26, 2007
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d. The identification of any development orders issued which contain a requirement
for the provision of a school site as a condition of development approval.
e. Information regarding future land use map amendments which may have an
impact on school facilities;
f. Building permits issued for the preceding quarter and their location; and
g. Updated population projections apportioned geographically.
1.3.4 The School Board will use the information described in Section 1.3.3 to allocate projected student
enrollment geographically to make the most efficient use of public school facilities consistent with the School
Board's adopted Delivery of Education Services Policy. The distribution of projected student enrollment will
be presented at staff meetings and to the Committee described in Subsections 1.1.1 and 1.1.2.
Section 1.4 Local Planning Agency, Comprehensive Plan
Amendments, Rezonings, and Development Approvals
1.4.1 A voting representative appointed by the School Board shall be included on County Land Planning
Agency and Zoning Board and either a voting or non voting representative appointed by the School Board
shall be included on each City Agency charged with recommending comprehensive plan amendments or
zoning changes.
1.4.2 The County and each City shall provide the School Board notification of land use applications and
development proposals filed with the County or City that may affect student enrollment, enrollment
projections, or school facilities including subdivisions, rezonings, developments of regional impact, and other
major residential or mixed-use development projects. If a public hearing is required, the notification must be
provided at least 30 days prior to the first public hearing for consideration of the development application. If
no public hearing is required, the notification must be provided at least 30 days prior to any action or
decision to approve or deny the application.
Section 1.5 Co-location and Shared Use
1.5.1 The Collocation and shared use of facilities are important to the School Board and local g ovenuner>is.
The School Board and each local government will look for opportunities to collocate or share the use of each
entity's facilfties. Opportunities for co-location and shared use will be considered for libraries, parks,
recreational facilfties, community centers, auditoriums, teaming centers, museums, performing arts centers,
stadiums, healthcare and social services, schools and other facilities. The School Board agrees to adopt a
county wide policy which will require that all school facilities be made available for use by other
governmental units when not being used for school purposes, and which requires local school administrators
to comply with the countywide policy. Each municipality and the County agree to adopt entity wide policies
requiring that all public facilities be made available for use by other govemmental units when not being used
for their primary purpose. All such use by any entity to this agreement shall be subject to reasonable time,
manner and place regulations as maybe adopted by the governing body of the owner of such facility. A
separate agreement will be developed for each instance of collocation and shared use to address legal
liability, operating and maintenance costs, scheduling of use, and facility supervision or anyolherissuesthat
may arise from collocation or shared use.
1.5.2 At the time that any party to this agreement begins to plan a new facility or significant improvement to
an existing facility, it shall notify other interested governments to engage a dialogue regarding collocation
and joint use of facilities. At a minimum, the School Board shall notify the County and any municipality in
proximity to the planned facility; the County shall notify the School Board and any municipality in close
proximity to the planned facility; and a municipality shall notify the School Board, the County, and any other
municipality in close proximity to the planned facility. The parties agree that prior to purchase of any land or
facility intended for public use, the possbility for collocation of facilities will be explored with all potential
parties in the proximity of the proposed site. Additionally, collocation of facilities shall be explored in the
conceptual phase of all capital construction projects to ensure sufficient land is purchased to accommodate
all potential uses. Where current facilities are located in close proximity, and joint usage agreements
whether formal or informal exist, the individual parties agree to discuss and formalize said interlocal
First Amended Interlocal Agreement for School Facilities Planning and Siting December 26, 2007
Book3644/Page7 CFN#2008074608 Page 7 of 37
agreements to ensure affected parties are in agreement as to existing and future conditions and reasonable
mutual assurances are established to minimize unnecessary or duplicative expenditure of public funds.
Barriers to existing collocation and joint use, whether perceived or physical, shall be removed to the
maximum extent possible and a coordinated effort to improve existing opportunities shall be encouraged.
Section 2 Planning Process
Section 2.1 Educational Plant Survey
At least six months prior to preparation of the Educational Plant Survey, the staff representatives described
in Subsection 1.1.1 shall provide input in the preparation of the Educational Plant Survey update. The staff
representatives shall evaluate and provide input regarding the location and need for new educational
facilities or significant renovation and expansion of existing educational facilities or closure of existing school
facilities. The Educational Plant Survey shall reflect the CSAs as provided in Section 5 of this Agreement.
Minor amendments to the Educational Plant Survey made each year shall not be subject to the requirements
of this section, although the staff representatives shall make reasonable efforts to have amendments
discussed at the quarterly staff meetings as provided in Subsection 1.1.1.
Section 2.2 Tentative District Educational Facilities Plan
2.2.1 Annually, the School Board shall submit a draft Tentative District Educational Facilities Plan to the
County and Cities for review and comment 45 days prior to the public hearing for adoption by the School
Board. The Tentative Educational Facilities Plan is defined in Chapter 1013.35 as "the comprehensive
planning document prepared annually by the district school board and submitted to the Office of Educational
Facilities and SMART Schools Clearinghouse and the affected general-purpose local governments'. The
plan shall be consistent with the requirements of Section 1013.35, Florida Statutes, and shall include the
projected student population apportioned geographically by CSA.
2.2.2 The plan also shall include a financially feasible district facilities work program ("Work Program") for
the subsequent 5-year period, each year adding an additional "fifth year." The Work Program shall include
all the requirements contained in Section 1013.35, Florida Statutes. The School Board will make available
the data and analysis supporting the proposed Work Program to any party to this agreement upon request.
2.2.3 Within 30 days of submittal:
(1) The County and Ckies shall review the plan and provide a report to the School Board
regarding infrastructure and service needs associated with the proposed educational
facilities and other applicable information; and
(2) The County and Cities shall review the plan and provide written comment to the School
Board on the consistency of the plan with the County and City's Comprehensive Plan
including the maintenance and achievement of the adopted level of service and provide
written comment to the School Board on whether a Comprehensive Plan amendment or
rezoning will be necessary for any proposed educational facil'dy.
2.2.4 On or before September 15 of each year and after consideration of the written comments of the
County and the Cities, the School Board will adopt afinancially-feasible Work Program that includes school
capacity sufficient to meet antiapated student demand within the County, based on the LOS standards set
forth in this Agreement. The School Board will construct andlor renovate school facilities sufficient to
maintain the LOS standards set forth herein, consistent with the adopted 5-Year Faalities Work Program.
Nothing in this agreement shall be construed to abrogate the School Board's constitutional authority in
determining delivery of student services, including but not limited to school scheduling or to require the
School Board to redistrict any school more than once in any three consecutive year period. The County and
First Amended Interlocal Agreement for School Facilities Planning and Sitlng December 26, 2007
Book3644/Page8 CFN#2008074608 Page 8 of 37
the Cities shall incorporate the School Board's adopted Work Program into their CIE updates each
December.
Section 2.3 Public School Facilities Flement Development and
Updates
2.3.1 The County and Cities will cooperate with the School Board to develop a common Public Schools
Facilities Element (PSFE), pursuant to Sections 163.3177(12) and 163.3180, Florida Statutes, Rule 9J-
5.025, F.A.C., and other applicable laws and rules. The PSFE shall be consistent with the School Board's 5-
yearfacilities work program.
2.3.2 After an agreed upon PSFE has been developed, the County and Cities will consider the adoption of
the PSFE as required by 5.1.2.
2.3.3 In the event that the County or City wishes to amend the agreed upon PSFE, it will follow the
procedures set forth in Section 5.1.1 of this Agreement before transmitting same to the Department of
Community Affairs pursuant to section 163.3184, Florida Statutes.
Section 2.4 Future Land Use Classifications in which Public
Schools are Allowed
Public schools are community facilities which are necessary to serve residential development in Lake
County. The legislature has determined that as community facilities, the preferred locations for public
schools, whether elementary, middle, or high schools are within the urban areas. However residential
development does exist and new residential development will continue to occur at approved levels in areas
that are not urban. Public schools will be necessary and appropriate in these areas under certain
arcumstances. The comprehensive plans of the County and each City shall specify which comprehensive
plan categories allow schools.
Section 2.5 Items to be Considered in Evaluating New School
Sifes, Significant Renovations, and Potential Closures of
Existing Schools
2.5.1 The following factors shall be considered in evaluating new school sites and in decisions to
significantly renovate or close existing schools:
(1) Compatibility of the school site with present and projected uses of adjacent property;
(2) Whether adequate public facilities are, or will be, available concurrent to support the
proposed school;
(3) Whether there are significant environmental constraints that would preclude a public
school on the site;
(4) Whether there will be adverse impacts on archaeological or historic sites listed in the
National Register of Historic Places or designated by Lake County or any City as a locally
significant historic or archaeological resource;
(5) Whether or not the proposed location is within a veloaty flood zone or floodway;
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First Amended Interlocal Agreement for School Facilities Planning and Sitlng December26, 2007
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(6) Whether or not the proposed location lies within the area regulated by Section 333.03(3),
FLORIDA STATUTES, regarding the construction of public educational facilities in the
vidnity of an airport;
(7) Whether the location of a proposed elementary school site is proximate to and within
walking distance of the residential neighborhoods served;
(8) Whether the location of a proposed high school site is conveniently located to the
residential community(s) they are intended to serve with access to major roads;
(9} Whether existing schools can be expanded or renovated to support community
redevelopment and revitalization; and whether the high school site is outside the Urban
Area.
(10) Whether the proposed site is sufficiently sized to accommodate the required parking and
circulation of vehicles.
(11) The current and projected levels of service by CSA, including development approvals
issued by the County and cities based on school capacity in a contiguous CSA.
(12) If the school is to be located outside the Urban area, (a) whether the location and design
of the proposed school is intended to predominantly accommodate the student population
living within a rural service area and (b) whether approval of such school outside the
urban area should be accompanied by a finding that it will not create the need for
extension of centralized water or wastewater facilities outside the urban area other than
service lines designed to accommodate solely the service demands of the school and (c)
whether the proposed school will crease the need for roadway improvements not already
contemplated in the County's Capital Improvement Program
(13) If a high school is proposed outside the Urban area, whether placement of a high school
outside the urban area will alter growth dynamics to the extent that Growth Management
policies and priorities must be substantially modified
(14) If a high school is proposed outside the Urban area, whether there are alternative sites
located within the Urban area and whether a high school outside the urban area provides
the most cost-effective altemative to meet the demonstrated need considering: direct
acquisition, infrastructure and site development costs(s) to the School Board; and direct
infrastructure and service delivery costs(s) to local government(s) and other public
infrastructure/service providers
Section 2.5.2 The School Board shall coordinate planning and site location of educational facilities with the
County and each Municipality in which a school site is proposed for construction or site acquisition within the
School Board's Five-Year Work Plan in accordance with Chapters 1013 and 163 of the Florida Statutes.
This process shall assist in determining possible sites for the proposed schools and the consistency with the
comprehensive plan, the necessary existing or planned infrastructure, and coordination of public facilities
such as parks, libraries, and community centers
Section 2.5.3 The School Board shall coordinate with the County and each Municipality in which a school is
proposed for construction or expansion under the Five-Year Work Plan to determine the consistency of
proposed sites with the local government's comprehensive plan and the availability of necessary or planned
infrastructure and to coordinate proposed locations with public facilities such as parks, libraries and
community centers. Alternative sites may be proposed by the Local Government for the consideration of the
School Board.
Section 3 Zoning Categories in Which Schools are
Allowed
io
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Book3644/Page10 CFN#2008074608 Page 10 of 37
Section 3.1 Zoning Categories
Public schools shall only be allowed in the zoning districts or Comprehensive Plan categories as provided by
the County or City Land Development Regulations
Section 4 Site Design/Development Plan Review
Section 4.1.1 At least 60 days prior to acquiring or leasing any property that maybe used for a school site,
the School Board shall provide written notice of the proposed acquisition to the Local Govemment in whose
jurisdiction the proposed site is located. This written notice from the School Board shall include an aerial
map and a location map. As quickly as possible but no later than 45 days from receipt of this notice, the
Local Govemment shall notify the School Board if the proposed site is consistent with the land use
categories and policies of the Local Government's comprehensive plan and provide comments regarding the
feasibility of each of the sites submitted by the School Board. These comments should address the
availability of necessary and planned infrastructure and the collocation of the proposed school facility with
other public facilities such as parks, libraries and community centers. This preliminary notice does not
constitute the local government's determination of consistency required by Section 1013.33 (12), Florida
Statutes .
Section 4.1.2 After appropriate zoning has been secured, at least 90 days prior to initiating construction, the
School Board shall submit a site design/development plan to the County or City, and within 45 days after
receiving the submittal, the County or City shall certify, in writing, whether the proposed educational facility is
in compliance with the Land Development Regulations. The site design/development plan shall be reviewed
in accordance with the procedures prescribed in the local govemment land development regulations, as may
be modified by the terms and operation of this Agreement. Design/development plans shall include the
following:
• Location, size, height and use of all proposed structures;
• Proposed or existing location of fire hydrants and distance to structures;
• Location and method of buffering from adjacent residentia- zoning districts;
• Location and method of stormwater retention;
• Location, size, and total amount of recreation areas;
• Location and dimensions of proposed parking and service areas; and
• Proposed means of vehicular and pedestrian access from the site to adjacent
streets and/or alleys.
• The need for and timing of onsite and offsite improvements to support the proposed educational facility,
including identification of the party or parties responsible for the improvements.
Pursuant to Section 1013.33(12), Florida Statutes, if the determination is affirmative, school construction
may commence and further local govemment approvals are not required. Failure of the City or County to
make a determination in writing within 90 days after the School Board's request for a determination of
consistency shall be considered an approval of the School Board's application.
Section 4.1.3 The Local Govemment may not deny the site applicant based on the adequacy of the ske plan
as it relates solely to the needs of the educational facility. The Local Government's review may considerthe
site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on
adjacent property. Standards and conditions may not be imposed which conflict with those established in
Chapter 1013, Florida Statutes, or the Florida Building Code, unless mutually agreed by the School Board
and the Local Govemment.
Section 4.1.4 Any facility not used exclusively for educational purposes and any non-educational uses are
subject to the Local Government's comprehensive plan and such facility or use shall not occur unless
approved pursuant to that comprehensive plan.
Section 4.1.5 Should a disagreement occur as to the required local government approval discussed in
section 4.1.1 above, or in any conditions placed on such approval by a local government the parties shall
resolve such disagreement utilizing the dispute resolution process contained in this agreement.
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Section 4.1.6 Pursuant to 1013.33(15), Florida Statutes, existing educational facilities shall be considered
consistent with the applicable local government Comprehensive Plan and Land Development Regulations.
The County's or City's review or approval is not required for:
(1) Temporary Student Stations as follows:
a. The placement of temporary (two years or less) student stations for the purpose
of renovation or construction;
b. The placement of temporary student stations intended to expand the capacity of
permanent school facilities which results in a 15 percent increase or less in the
square footage of the permanent school facility.
(2) Renovation or construction on existing school sites (with the exception of construction that
changes the primary use of a facility, including stadiums) resulting in a 15 percent
increase or less in the square footage of the permanent school facility.
(3) School sites that have been and/or will be specifically designated within development
plans approved by the local government. Such sites shall be subject to the conditions,
standards and procedures established for such development plans. If the School Board
submits an application to expand an existing school site, when required, the review shall
be conducted in accordance with the procedures herein. The local government may
impose development standards and conditions on the expansion in a manner consistent
with Section 1013.51(1), Florida Statutes. Construction on all other sites shall be subject
to the provisions contained herein.
Section 4.1.7 Nothing herein shall preclude the School Board and the Local Govemment from developing
alternative development standards based on mutually acceptable performance criteria that would meet the
intent of the provisions listed above.
Section 5 School Concurrency Implementation
Section 5.1 Procedure
5.1.1 Amendments to Key Concurrency Components
(1) The procedures set forth in paragraph (2) shall apply in the event that the County, a City
or the School Board wishes to amend any of the following:
Level of service (LOS) standards;
Concurrency service areas;
Procedures of monitoring school demand and capacity,
Procedures and methodology for making Concurrency determinations for
development approvals;
Mitigation processes;
The 5-Year Work Program for facilities that are located within the
unincorporated areas of the County or City to the extent that such amendment is
a major modification to the Program, however, minor amendments to the
Program are not subject to this paragraph; and
Those aspects of the Public Schools Facilities Element of the Comprehensive
Plan that are common to the County and municipalities in the County.
(2) Procedures:
a. The party wishing to amend one of the above-listed items shall be the "Initiating
Party." The Initiating Party may be the County, the School Board, or a
municipality within Lake County subject to the requirements of school
12
First Amended Interlocal Agreement for School Facilities Planning and Slting December 26, 2007
Book3644/Page12 CFN#2008074608 Page 12 of 37
concurrency. If a party wishes the proposed amendment to be considered at the
annual meeting, it must be initiated one hundred and twenty (120) days prior to
the first day of December of that year in order for all parties to have appropriate
time to review the proposal. Amendments may be considered at other than the
annual meeting if appropriate review time is provided to all parties.
The party reviewing and commenting on proposed amendments shall be the
"Reviewing Party." The Reviewing Party shall include the County, the School
Board, or a municipality within Lake County subject to the requirements of school
concunency.
Before officially considering an amendment to one of the above-listed standards,
and prior to submitting such amendments to the Department of Community
Affairs, if required, the Initiating Party shall transmit to the Reviewing Parties a
memorandum outlining the proposed amendment, including a narrative
describing the purpose of the proposed amendment and a statement regarding
the impact of the proposed amendment on the County or City's Comprehensive
Plan and other elements of school concurrency addressed by this Agreement.
The memorandum also must include all data and analysis supporting the
proposed amendment.
Within sixty (60) days of its receipt of a proposed amendment from the Initiating
Party, the Reviewing Party shall provide any written comments or objections to
the Initiating Party, the County and the municipalities within Lake County. The
Reviewing Party shall indicate whether It consents to the proposed amendment
or, if it does not, the reasons for withholding its consent. Designees of the
parties, and designees of the municipalities within Lake County, may meet and
confer prior to the Reviewing Party's submission of written comments in order to
resolve any objections to the proposed amendment. Failure of any party to
respond within the sixty (60) day period shall constitute consent to the proposed
amendment.
If the Reviewing Party is unable to consent to the proposed amendment, the
matter will be resolved pursuant to the dispute resolution process set forth in this
Agreement.
The parties agree that no proposed amendment will be implemented if any of the
Reviewing Parties raises an objection unless the dispute resolution process set
forth in this Agreement has been concluded.
The parties agree that, once a proposed amendment has the consent of or has
not been objected to by each of the Reviewing Parties, or is determined to be
appropriate through dispute resoution, each party will undertake Work Program,
Comprehensive Plan, and regulatory changes necessary to effectuate the
amendment. Such changes shall be accomplished by each pally as soon as
legally possible after the agreement, but in no event later than one (1) year after
the changes have been agreed upon.
5.1.2 Comprehensive Plan
No later than December 31, 2006, the County and Cities will consider the adoption of Comprehensive Plan
amendments to address school concurrency matters, including:
(1) A Public Schools Facilities Element, pursuant to Sections 163.3177(12) and 163.3180,
Florida Statutes.
(2) Changes to the Intergovernmental Coordination Element necessary to effectuate school
concurrency methodologies and processes, as provided herein.
13
First Amended tnterlocal Agreement for School Facllkies Planning and Sfting December 26, 2007
Book3644/Page13 CFN#2008074608 Page 13 of 37
(3) Changes to the Capital Improvements Element necessary to effectuate school
concurrency methodologies and processes, as provided herein.
5.1.3 Land Development Code
Immediately following the amendment of the County and City's Comprehensive Plan, as provided herein, the
County and Cities will consider the adoption of a 'School Concurrency Ordinance" and other necessary
changes to the Land Development Code to implement school concurrency consistent with the
Comprehensive Plan, state law (Sections 163.3180 and 163.3202, Florida Statutes,), and the terms of this
Agreement.
5.1.4 Five-Year Facilities Work Program
(1) Amendments to the 5-Year Work Program. Amendments to the Worts Program, other than
the annual updates addressed in Section 2.2 of this Agreement, may occur only pursuant
to the process set forth in Section 5.1.1 of this Agreement.
(2) County and City Capital Improvements Element Annually by December 1 of each year
following adoption of this Agreement, the County and each City will consider an
amendment to the plan's Capital Improvement Element (CIE) in order to incorporate the
School Board's adopted Work Program. Following a Work Program update or
amendment, made in accordance this Agreement, the County and Cities will consider
further amendments to its CIE to incorporate such updates or amendments during the
immediately subsequent round of Comprehensive Plan amendments.
Section 5.2 Level-of-Service Standards
5.2.1 Pursuant to Section 163.3180(13) (b), Florida Statutes, the level of service (LOS) standards set forth
herein shall be applied consistently within each local government in Lake County for
purposes of implementing school concurrency, including determining whether sufficient
school capacity exists to accommodate a particular development proposal, and determining
the financial feasibility of the School Board's Work Program.
5.2.2 The LOS standards set forth herein shall be included in the capital improvements element
of the County and each City's Comprehensive Plan and shall be applied consistently by the County, the
Cities and the School Board district wide to all schools of the same type.
5.2.3 The LOS standards may be amended only pursuant to the procedure set forth In Section
5.1.1 of this Agreement.
5.2.4 The LOS standard to be used by the County and the School Board to implement school
concurrency shall be as follows:
(1) Elementary: 100% of permanent FISH capacity. If core dining capacity is available in
excess of FISH capacity, the school capacity shall be increased up to 125% of FISH
capacity by adding seats located in temporary student stations so long as the total
capacity does not exceed core dining capacity.
(2) Middle: 100% of permanent FISH capacity. If core dining capacity is available in excess
of FISH capacity, the school capacity shall be increased up to 125% of FISH capacity by
adding seats located in temporary student stations so long as the total capacity does not
exceed core dining capacity.
14
First Amended Interlocal Agreement for School Facilities Planning and Sitlng December 26, 2007
Book3644/Page14 CFN#2008074608 Page 14 of 37
(3) High: 100% of permanent FISH capacity. If core dining capacity is available in excess of
FISH capacity, the school capacity shall be increased up to 125°k of FISH capacity by
adding seats located in temporary student stations so long as the total capacity does not
exceed core dining capacity.
For purposes of (1), (2), and (3) above, non-conversion charter schools shall be counted
as FISH capacity if an agreement has been entered between the charter school and the
School Board which requires the school facility to be constructed in accordance with
Florida Department of Education standards for public schools; which provides that the
school facility will be provided to the School Board for its use if the charter school fails to
operate satisfactorily; and, which provides that if there are financing arrangements for the
school, the School Board will be able to operate the school without having to be
responsible for such financing costs or that the School Board is willing and able to accept
responsibility for such costs.
For purposes of (1 ), (2) and (3) above, a developer financed public school shall be
counted as FISH capacity if an agreement has been entered between the developer and
the School Board which requires the school facility to be constructed in accordance with
Florida Department of Education standards for public schools; which requires that the
Developer transfer the school facility to the School Board upon its completion; and, which
provides that ifthere are financing arcangements for the school, the School Board will be
able to operate the school without having to be responsible for such financing costs or that
the School Board is willing and able to accept responsibility for such costs.
Section 5.3 School Concurrency Service Areas
5.3.1 The initial School Concurrency Service Areas (CSAs) are shown on Maps attached hereto and
incorporated herein by this reference.
5.3.2 Future amendments to the CSAs may be accomplished by the School Board only after review and
comment by the County and other municipalities within Lake County as provided in Section 5.1.1 of
this Agreement. Amendments to CSAs shall be established to maximize available school
capacity, taking into account transportation costs, desegregation plans, diversity policies,
and the extent to which development approvals have been issued by a local government
based on the availability of school capacity in a CSA contiguous to the CSA in which the
development approval was issued. Amendments to the CSAs and attendance zones shall
be designed to make efficient use of new and existing public school facilities in accordance
with the LOS standards set forth in this Agreement.
5.3.3 CSAs will be described geographically in the Comprehensive Plan pursuant to Section
163.3180(13) (g) (5), Florida Statutes, Maps of the CSA boundaries will be included as "support
documents" as defined in Section 9J-5.003 F.A.C., and maybe updated from time to time
by the School Board without a corcesponding comprehens(ve plan amendment.
Section 5.4 Demand Monitoring and Evaluation
The County and Cities shall provide the following information to the School Board at least two weeks prior to
the quarterly meetings required by Section 1.1.1 of this agreement to facilitate demand projection and
student generation rate trends:
5.4.1 Building permit and certificate of occupancy data, including addresses;
5.4.2 Summary of actions on preliminary and final plats;
5.4.3 Summary of site development plan approvals for multi-family projects; and
5.4.4 Summary of vested rights determinations and other actions that affect demands for public school
facilities.
15
First Amended Interlocal Agreement for School Facllitfes Planning and Sffing December 26, 2007
Book3644/Page15 CFN#2008074608 Page 15 of 37
Section 5.5 Applicability and Capacity Determination
5.5.1 Applicability
(1) Except as provided in Subsection (2) below, school concurrency applies only to residential
uses proposed or established after the effective date of the School concurrency
Ordinance.
(2) The following residential uses shall be considered exempt from the requirements of school
concurrency {unless the development approval for such use required it to meet School
concurrency).
a. Single family lots having received final plat approval prior to the effective date of
the County or City's School concurrency Ordinance or other lots which a local
government has determined are vested based on statutory or common law
vesting.
b. Multi-family residential development having received final site plan approval prior
to the effective date of the County or City's School concurrency Ordinance or
other multi-family residential development which a local govemment has
determined is vested based on statutory or common law vesting.
c. Amendments to residential development approvals issued prior to the effective
date of the County or City's School concurrency Ordinance, which do not
increase the number of residential units or change the type of residential units
proposed.
d. Age restricted communities (as defined in the School concurrency Ordinance)
that are subject to deed restrictions prohibiting the permanent occupancy of
residents underthe age of eighteen (18). Such deed restrictions must be
recorded and must be irrevocable for a period of at least fifty (50) years.
e. Plats or residential site plans which include four (4) or less units. For purposes of
this section, a property owner may not divide his property in to several
developments in order to claim exemption as allowed by this section. In making
a determination as to whether a property is exempt under this section, a local
government shall consider in addition to the ownership at the time of the
application the ownership as of the date of the adoption of this agreement.
5.5.2 Process for Determining School Facilities concurrency
(1) The County and City will accept and process final plats and residential site plans including
five (5) or more units only after the applicant has complied with the terms of the County or
City's School concurrency Ordinance. The County or City may approve a School
concurrency Application earlier in the approval process if requested by the applicant, the
School Board reviews and approves the determination, allocations of capacity and
proportionate share mitigation commitments as provided in this Subsection.
(2) School concurrency Applications shall be filed with the School Board. Upon the receipt of
a complete School concurrency Application, the School Board will transmit a copy of the
application to the City or County in whose jurisdiction the development lies.
The School Board shall make a determination whether there is adequate school capacity,
for each level of school, to accommodate the proposed development, based on the LOS
standards, CSAs, and other standards set forth herein.
16
First Amended Interlocal Agreement for Scholl Fadlltles Planning and Siting December 26, 2007
Book3644/Page16 CFN#2008074608 Page 16 of 37
(3) Within thirty (3t}) days of the initial application, the School Board will review the School
Concurrency Application and, based on the standards set forth in this Agreement, report in
writing to the County or City:
a. Whether adequate school capacity exists for each level of school, based on the
standards set forth in this Agreement; or
b. If adequate capacity does not exist, whether appropriate mitigation can be
accepted, and if so, acceptable options for mitigation, consistent with this
Agreement.
(4) If the School Board determines that adequate capacity will not be in place or under actual
construction within 3 years after the issuance of final subdivision or site plan approval and
mitigation is not an acceptable altemative, the County or City will not issue a School
Concurrency Determination and will not acceptor process a development application.
(5) If the School Board determines that adequate capacity does not exist but that mitigation is
an acceptable altemative, the development application will remain active pending the
conclusion of the mitigation negotiation period described below.
(6) The County or City will issue a School Concurrency Determination only upon:
The School Board's written determination that adequate school capacity will be in
place or under actual construction within 3 years after the issuance of final
subdivision or site plan approva{ for each level of school without mitigation; or the
School Board's written acknowledgement that the payment of proportionate
share provided by sections 5.6 (2) or (3) has been made, or
The execution of a legally binding mitigation agreement between the applicant, the local
government and the School Board, as provided by this Agreement.
5.5.3 Concurrency Determination Standards
(1) Definitions. The terms used in this Agreement shall be defined as follows:
a. Available school capacity -the circumstance where there is sufficient school
capacity, based on adopted LOS standards, to accommodate the demand
created by a proposed development.
b. Cost of Student Station. The cost of student stations as determined by the most
recent School Impact Fee Study approved by the School Board and Lake
County, which shall include the cost of ancillary facilities that are required for
each student station. Such cost shall be increased each year by the Twenty
Cities Construction Index. Should the School Board and Lake County fail to
agree on the Cost of Student Stations, the issue shall be subject to dispute
resolution as provided in this Agreement.
c. Existing school facilities -school facilities constructed and operational at the time
a School Concurrency Application is submitted to the County.
d. FISH Manual -the document entitled "Florida Inventory of School Houses
(FISH)," current edition, and that is published by the Florida Department of
Education, Office of Educational Facilities.
e. Permanent FISH Capacity -capacity that is added by "permanent buildings," as
defined in the FISH Manual.
f. Planned school facilities -school facility capacity that will be in place or under
actual construction within three (3) years after the issuance of final subdivision or
site plan approval, pursuant to the School Board's adopted 5-Year Work
Program.
17
First Amended Interlocal Agreement for School Facilities Planning and Siting December 26, 2007
Book3644/Page17 CFN#2008074608 Page 17 of 37
g. Previously Approved Development -development approved as follows:
Single family lots having received final plat approval prior to the effective
date of the County or City's School Concurrency Ordinance or other
which a local govemment has determined are vested based on statutory
or common law vesting.
ii. Multi-family residential development having received final site plan
approval prior to the effective date of the County's School Concurrency
Ordinance or other multi-family residential development which a local
government has determined is vested based on statutory or common
faw vesting.
Reserved capacity -School facility capacity set aside for a development or use
other than those set aside pursuant to a School Concurrency Application,
including development that impacts schools but that is exempt from the terms of
the County's School Concurrency Ordinance.
Total school facilities- f=xisting school facilities and planned school facilities.
Used capacity- School facility capacity consumed by or reserved for preexisting
development.
k. Work Program -the financially feasible 5-year school district facilities work
program adopted pursuant to Section 1013.35, Florida Statutes, financial
feasibility shall be determined using professionally accepted methodologies.
(2) School Capacity Calculations. The School Board will determine whether adequate
school capacity exists for a proposed development, based on the LOS standards, CSAs,
and other standards set forth in this Agreement, as follows:
a. Calculate total school facilities by adding the capacity provided by existing school
facilities to the capacity of any planned school facilities.
b. Calculate available school capacity by subtracting from the total school facilities
the sum of:
i. Used capacity;
ii. The portion of reserved capacity projected to be developed within three
years;
iii. The portion of previously approved development projected to be
developed within three years; and
iv. The demand on schools created by the proposed development.
c. Concurrency Service Areas. In determining whether there is sufficient school
capacity to accommodate a proposed development, the School Board will:
Consider whether the CSA in which the proposed development is
situated has available school capacity, based on the formula above.
ii. In the event that the CSA in which the proposed development is situated
does not have available school capaaty, the School Board will
determine whether a contiguous CSA has available school capacity by
identifying the contiguous CSA with the most available school capacity
for the particular type of school and assigning the demand from the
proposed development to that CSA
18
First Amended Interlocal Agreement for School Facllltles Planning and Slting December 26, 2007
Book3644/Page18 CFN#2008074608 Page 18 of 37
Section 5.6 Mitigation Alternatives
In the event that the School Board reports that mitigation may be accepted in order to offset the impacts of a
proposed development, where the LOS standards set forth in this Agreement otherwise would be exceeded,
the following procedure shall be used.
(1) The applicant shall initiate in writing a mitigation negotiation period with the School Board
in order to establish an acceptable form of mitigation, pursuant to Section 163.3180(c),
Florida Statutes, the County's School Concurrency Ordinance, and this Agreement.
(2) If a project which would cure the capacity deficiency and provide capacity for the applicant
is currently listed in the 4'" or 5'" year of the School Board's five year capital improvement
plan, with the consent of the School Board, an applicant may satisfy concun'ency by the
payment of proportionate share as calculated below, or by entering into a mitigation
agreement with the school board and local govemment to provide any of the forms of
mitigation listed in (5) below.
(3) If the School Board and a municipality or the County have entered into an agreement
calling for redevelopment areas or urban infill areas, for projects located inside those
areas, an applicant may satisfy concurrency by the payment of proportionate share as
calculated below, or at the option of the applicant, by entering into a mitigation agreement
with the school board and local govemment to provide any of the forms of mitigation listed
in (5) below. Any municpality or the County may request that the School Board enter
such an agreement for suitable areas of theirjurisdiction, and any disputes as to the
scope of such area shall be resolved through dispute resolution as provided in this
agreement.
(4) In accordance with Section 163.3180(13)(e), Florida Statutes, the applicant's total
proportionate-share mitigation obligation to resolve a capacity deficiency shall be based
on the following formula, for each school level: multiply the number of new student
stations required to serve the new development by the cost of student station. Pursuant tc
Section 163.3180(13(e) (2), Florida Statutes, the applicant's proportionate-share
mitigation obligation will be credited toward any other impact fee or exaction imposed by
local ordinance for the same need, on adollar-for-dollar basis, at fair market value. The
process to determine proportionate share mitigation obligation shall be as follows:
Step 1: Determine the number of students to be generated by the development
Number of Dwelling Units in the proposed development (by unit type)
MULTIPLJED BY
Student Generation Rate (by type of DU and by School Type)
EQUALS
Number Student Stations needed to serve the proposed development
Step 2: Comparing the available capaaty to the number of student stations calculated in
Step 1 to assess the need for mitigation
Available Capacity (see §5.5.3 (2) of this agreement)
MINUS
The Number of new Students Stations needed to accommodate the proposed
development
EQUALS
The shortfall (negative number) or surplus (positive number) of capacity to serve the
development
Step 3: Evaluating the available capacity in contiguous service areas
19
First Amended Interlocal Agreement for School Fadlkles Planning and Siting December 26, 2007
Book3644/Page19 CFN#2008074608 Page 19 of 37
If Step 2 results in a negative number, repeat that step for one or more contiguous service
areas. If this step results in a negative number, then proceed to step 4 to calculate the
proportionate share mitigation.
Step 4: Calculating proportionate share mitigation
Needed additional Student Stations from Step 3
MULTIPLIED BY
Cost of Student Station
EQUALS
Proportionate-Share Mitigation Obligation
(5) If a project is not listed in the School Board's five year capital improvement plan mitigation
may still be accepted by the School Board so long as the mitigation agreement provides
that the capital improvement plan shall be amended to incorporate the proposed mitigation
project. Acceptable forms of mitigation in this case may include but are not limited to:
a. The donation, construction, or funding of school facilities (including charter
schools which meet the requirements of s. 5.2.4) sufficient to offset the demand
for public school facilities to be created by the proposed development.
b. The creation of mitigation banking based on the construction of a public school
facility in exchange for the right to sell capacity credits.
(6) The following standards apply to any mitigation accepted by the School Board:
a. Proposed mitigation must be directed toward a permanent school capacity
improvement identified in the School Board's financially feasible Work Program,
which satisfies the demands created by the proposed development;
b. Temporary student stations will not be accepted as mitigation; and
(7) If within 90 days of the date the applicant initiates the mitigation negotiation period, the
applicant and the School Board are able to agree to an acceptable form of mitigation, a
legally binding mitigation agreement shall be executed, which sets forth the terms of the
mitigation, including such issues as the amount, nature, and timing of donations,
construction, or funding to be provided by the developer, and any other matters necessary
to effectuate mitigation in accordance with this Agreement. The mitigation agreement
shall specify the amount and timing of any impact fee credits or reimbursements that will
be provided by the County as required by state law.
(l3) If, after 90 days, the applicant and the School Board are unable to agree to an acceptable
form of mitigation, the School Board will report an impasse to the local government in
writing and the School Board will not issue a School Concurrency Determination for the
proposed development.
(9) The School Board may grant two (2) 90-day extensions to the mitigation negotiation
period.
(10) Miigation must be proportionate to the demand for public school facilities to be created by
actual development of the property.
Section 6 Implementation and Amendments
It is understood that the School Superintendent, the County Administrator and the City Manager or
authorized city official may, in the implementation and administration of this agreement, act on behalf of their
respective Boards in any manner that is customarily delegated. It is also understood that references to the
School Superintendent, County Administrator or City Managers or authorized city official shall include their
duly appointed representatives. To the extent that the procedures and requirements referenced from the
Land Development Regulations require interpretation and adjustment to meet the intent of this agreement,
20
First Amended Interlocal Agreement for School Facilities Planning and Siting December 26, 2007
Book3644/Page20 CFN#2008074608 Page 20 of 37
the County Manager or City Manager or equivalent city official may exercise discretion as prescribed by the
Land Development Regulations. This Agreement may be amended only by the written consent of the
County, the Cities and the School Board.
Section 7 Termination
Pursuant to Section 1013.33, Florida Statutes, this Agreement is effective upon the date of its execution and
shall continue in full force and effect; provided however, that the Agreement shall automatically be renewed
for one (1) year periods unless the County, a City or the School Board signifies in writing to the other its
intent 1o terminate the Agreement at least 120 days prior to the renewal date. It is further provided that any
party may terminate this agreement by giving at (east 120 days written notice of fts intent.
Section 8 Resolution of Disputes
If the parties to this agreement are unable to resolve any issue(s) in which they may be in disagreement that
are covered in this agreement, such dispute will be resolved in accordance with governmental conflict
resolution procedures specified in Chapter 164, Florida Statutes.
Section 9 Effective Date
This agreement shat) become effective upon the approval of the Lake County School Board, the Lake
County Board of County Commissioners and the municipalities of Astatula, Howey in the Hills, Tavares,
Mount Dora, Eustis, Umatilla, Leesburg, Lady Lake, Fruitland Park, Minneola, Mascotte, Groveland,
Clermont, and Montverde.
[INTENTIONALLY LEFT BLANK]
21
First Amended Interlocal Agreement for School Facllltles Planning and Siting December Zti, 2007
Book3644/Page21 CFN#2008074608 Page 21 of 37
IN WITNESS WHEREOF, the pa
Amended Interlocal Agreement on the res
County, Florida, through its Chairman, the
authorized representative to execute same
roes hereto have made and executed this First
pective dates under each signature: COUNTY, Lake
CITIES, and SCHOOL BOARD, through its duly
COUNTY
LAKE COUNTY, through its
BOARD OF COUNTY
COMMISSIONERS
.:~. _
_` ,:,-
''~Nel Kell 'CI c of th
r ~~ ~~., -° ` Boar of ~ unty Com 's oners
_:`~%, ~~± ~~~„pf.'Lake,County, Fbrida
t. ,o.
Appro a t rrn a I ality:
Sanford A. Minkoff
County Attorney
Welton G. Cadwell, Ch~a~irmlan
This~~ay of~"' ~ .2008
22
First Amended interlocal Agreement for Scholl Facilities Planning and Siting
Dece~er26,2007
Book3644/Page22 CFN#2008074608 Page 22 of 37
Interiocal Agreement Between the Board of County Commissioners of Lake County. Florida, Municipalities and the School Board of
Lake County Relating to School Faalities Planning and Siting
ASTATULA
Hillard Shepard, Mayor
This 14~ day of April, 2006
ATTEST:
Town Clerk
Approved as to Form and Legality,
~~ ~C6~ ,
Book3644/Page23 CFN#2008074608 Page 23 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
a;- .. , m
~'.1'i~si ii .w
n
CLERMONT
a Id S. Turville Jr., MMayor
This ~~day of,f~i bP~PU , 2008
24
First Amended Interlocal Agreement for School Facilities Planning and Siting
December 26, 2007
Book3644/Page24 CFN#2008074608 Page 24 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
ATTESTj~
~,, n
City Clerk
Approved as to and Legality:
r^- ~~~
City
CLERMONT
r
'iiarold S. Turville Jr., Mayor
sN
This db day of FC L!1 , 2008
24
First Amended Interlocal Agreement for School Facilities Planning and Siting December 26, 2007
First Amended Intertocal Agreement Between the Board of County Commissioners of Lake -
County, Florida, Municipalities and the School Board of Lake County Relating to School Fau"iities
Planning and Siting
,~
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E S S
Evelyn H. Smith, Mayor
This ~ day of l~ i 2008
25
First Amended Interlocal Agreement for School Facilities Planning and Siting December 26, 2007
Book3644/Page25 CFN#2008074608 Page 25 of 37
Gity Attorney
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
ATTEST:
City
Approve to F Legality:
City Attorney
~~ 4; :-•.
FRUI D PARK ~~`' ~~ ~~~"~".K'" ~• ~__
:~*~;:~
ristopher J. Befl, Mayor == "'""""~~ -~.;,~:„,,,~~~• - •~'
This „~ day of _ , ~~~;~."'~ -_=~~; ~•~
26
Firs! Amended Interlocal Agreement for School Facilities Planning and Siting
Book3644/Page26 CFN#2008074608
December 26, 2007
Page 26 of 37
First Amended Interiocal agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to Schoot Fadlities
Planning and Siting
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City Jerk
A ved as to Form and Legality:
City Attorney
GROVELAND
Matthew Baumann, Mayor ~~
This day of _~~ H~F-~' .2008
27
First Amended lnterloca! Agreement for School FaclNtfes Planning and 51dng
Book3644/Page27 CFN#2008074608
December 28, 2007
Page 27 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
r r 4y; r, ~-.....:+.:.~~ !`P'AN .
~::
~;=_r_ ~ ~ _ - `
lip s
r ~ «``.A '
reRda'Br~asher,`~bIC._
~~ ".T.ov~j.~leaic
• ~:'~
ZS., ow
Approved as to Fo n lily:
i
To omey
HOWEY-I THE-HILLS
Kenneth Green Jr., M yor
This ~ day of _~~, 2008
28
First Amended Interlocal Agreement for School Facilities Planning and Siting
December 26, 2007
Book3644/Page28 CFN#2008074608 Page 28 of 37
First Amended Intertocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
LADY LAKE- o
~'~TGI.~P~~
ax Pullen, Mayor
This ~ day of YY1C~/~.C.~. 2008
ATTEST:
29
First Amended Interlocal Agreement for School Faclllties Planning and Sung December 26, 2007
Book3644/Page29 CFN#2008074608 Page 29 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
ATTEST:
City Clerk
Approved as to Form and Legality:
~~~ ~~[~
ity Attorney
24thday of March , 2008
30
First Amended Interlocal Agreement for School Facilities Planning and Siting December 2fi, 2007
Book3644/Page30 CFN#2008074608 Page 30 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
ATTEST:
C~yCI rek~~~
Appr as to Form and ality:
City A o ey
MASCOTTE
~"'"/ /t ~
Felix Ramirez, Mayor
This ~ day of _, 2008
31
First Amended Interlocal Agreement for School Facilities Planning and Siting
Book3644/Page31 CFN#2008074608
m
• ,.~w:-y
December 26, 2007
Page 31 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
ATTFCT•
.~`OF tiVIIIVN'
~'~ ~,po~ oC'-,
V~ GO rF~~7
~; SEAL :~ _
- 1926
- ~ 1
'''~~~~~~trt nmt~~~~~~`.
32
First Amended Interlocal Agreement for School Facilities Planning and Siting December 26, 2007
Book3644/Page32 CFN#2008074608 Page 32 of 37
This ~/%~day of ..7 2008
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
~ t~y1f~`
'•;,
n ,',,'; A , ?~,
'`~ ~rJ - 4
~:,~~~~,- ;. Town: .
Approved as to Form and Legality:
Town Attorney
MONTVERDE
T y Benn ayor
This ~ ~ day of /j1g~~- , 2008
33
First Amended Interlocal Agreement for School Facilities Planning and Siting
Book3644/Page33 CFN#2008074608
December 26, 2007
Page 33 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
ATTEST:
City Clerk
Approved as to Form and Legality:
Ci mey
MOUNT DORA
Melissa Demarco, Mayor
This J9 day of 2008
34
First Amended Interlocal Agreement for School Facilities Planning and Siting
Book3644/Page34 CFN#2008074608
L~cemt~er 26, 2007
Page 34 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
,et.c:s:c;: i:eF.~,~
:.~-~,..
N::y : . ~ - ~ I -/
.,~. `~
~ Ci ~... ,.y.
A roved as to Form and Legality:
City Attorney
Nancy tts!Mayor
This _ da of m~ r~ , 2008
35
First Amended Interlocal Agreement for School Facilities Planning and Sitng
Book3644/Page35 CFN#2008074608
December 26, 2007
Page 35 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
UMATILLA
enita Me~l+r~, Mayor
,DiKorti
This /~aI day of - ~~~~, 2008
ATTE T:
City Clerk
Approved as to Form and Legality:
~`
ity ttomey
36
\~ First Amended Interlocal Agreement for School Facilities Planning and Siting
Book3644/Page36 CFN#2008074608
December 28, 2007
Page 36 of 37
First Amended Interlocal Agreement Between the Board of County Commissioners of Lake
County, Florida, Municipalities and the School Board of Lake County Relating to School Facilities
Planning and Siting
LAKE COUNTY SCHOOL BOARD
Chairmtaln Larry etz
This Z.~ day of`~~ , 2008
L
37
First Amended Interlocal Agreement for School Facilities Planning and Siting December 26, 2007
Book3644/Page37 CFN#2008074608 Page 37 of 37
ATT T:
r
S enntendent Anna Cowin