INTERLOCAL AGREEMENT FOR PUBLIC EDUCATIONAL FACILITY SITING IN PINELLAS COUNTY
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INTERLOCAL AGREEMENT
FOR
PUBLIC EDUCATIONAL FACILITY SITING IN PINELLAS COUNTY
This INTERLOCAL AGREEMENT is made and entered into this \ \ th day of
0\c\)u~J\ ,1997, by and between the CITY OF CLEARWATER, FLORIDA, a
political subdivision ot the State of Florida (herein, the City of Clearwater) and the
PINELLAS COUNTY SCHOOL BOARD (herein, the "School Board").
WHEREAS, it would be mutually beneficial for the City of Clearwater and the
School Board to support efforts that facilitate coordination of planning for the location
and development of public educational facilities; and
WHEREAS, Section 235.193(1), Florida Statutes, requires coordination of
planning between the school boards and local governing bodies to ensure that new or
expanded public educational facilities are facilitated and coordinated in time and place
with plans for residential development, concurrently with other necessary services, and
WHEREAS, Section 235.193(3), Florida Statutes, states that the location of
public educational facilities shall be consistent with the comprehensive plan of the
appropriate local governing body and the plan's 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 or the State Uniform Building
Code, unless mutually agreed by the local government and the School Board, and
WHEREAS, Section 163.3177(6){a), Florida Statutes, was amended in 1995 by
the Educational Facilities Siting Act (hereafter "the Act") to require that the Future Land
Use Element of a local comprehensive plan identify the Future Land Use Plan map
categories in which public educational facilities are an allowable use, and that all local
comprehensive plans must comply with this requirement no later than October 1, 1996;
and
WHEREAS, the Act identifies a specific process by which a local government
would review a proposed public educational facility site' to determine whether it is
consistent with the local comprehensive plan and land development regulations; and
WHEREAS, Section 235.193(7), Florida Statutes allows a local government and
the School Board to agree on an alternative review process; and
WHEREAS, staff from the School Board, Pinellas County, several of the
municipalities, and the Pinellas Planning Council have met on a regular basis over
several months to develop locational review criteria that local governments can include
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in their Future Land Use Element as a common basis for determining whether a
proposed site is consistent with . local government's comprehensive plan; and
WHEREAS, this staff group also developed an alternative review process that
can be use on a countywide basis and that is more representative of local procedures
than the one outlined in the Act; and
WHEREAS, both the City of Clearwater and the School Board have considered
the locational review criteria and alternative review process; and
WHEREAS, the City of Clearwater has amended the Future Land Use Element
of the Comprehensive Plan to incorporate the provisions of Exhibit 2, that will serve as
the basis for determining whether a proposed public educational facility site is
consistent with the Comprehensive Plan's Future Land Use Element policies and
categories in which such facilities are identified as allowable uses.
NOW, THEREFORE, in consideration of the covenants made by each party to
the other and of the mutual advantages to be realized by the parties hereto, the City of
Clearwater and the School Board agree as follows:
Section 1. Authoritv. This Interlocal Agreement is entered into pursuant to the general
authority of Section 163.01, Florida Statutes, relating to interlocal agreements.
Section 2. Purpose. The purposes of this agreement are to provide an alternative
process and locational criteria for reviewing a proposed public educational facility and
site plan, and offsite impacts as provided in Section 235.193(7}, Florida Statutes, and
to recognize the mutual benefits derived from the coordination of planning between the
School Board and the City of Clearwater.
Section 3. Alternative Review Process Established.
(a) The City of Clearwater and the School Board agree to use the alternative
review process depicted as Option A in Exhibit 1 hereto. Where Option A is the
selected review process, the City of Clearwater has chosen the process for local
government approval. It is the intent that a final determination of consistency be made
by the local government within the 60 day time frame identified in Exhibit 1, unless an
extension is agreed to by both parties.
Section 4. Locational Criteria.
(a) The School Board and the City of Clearwater agree to use the objective and
policies identified in Exhibit 2 of this Interlocal Agreement when selecting potential
educational facility sites and when reviewing a potential site during the review process
as set forth in Exhibit 1.
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Section 5. Modifications. Should either the City of Clearwater or the School Board
desire to modify either thealtemative review procell depicted in Exhibit 1, or the
Iocational review criteria identified In Exhibit 2, they 8hall notify in writing their intent to
the other party, those other local governments that have entered into a similar Interlocal
agreement with the School Board, and the Pinellas Planning Council. For the City of
Clearwater, such notice shall occur at least one month before the initial hearing of any
proposed amendments by the City of Clearwater local plaming agency.
Section 6. Notice. Notice by either party to the other pursuant to this Interlocal
Agreement shall be given in writing and hand-delivered or mailed as follows:
If to the City of Clearwater:
City Manager
P.O. Box 4748
Clearwater, FL 34618-4748
If to the School Board:
School Superintendent
P.O. Box 2942
Largo, FL 34649-2942
Section 7. Construction. This Interlocal Agreement shall be construed as an
expression of inter-agency cooperation enabling each party the most efficient use of its
powers in furtherance of the objectives of the Educational Facilities Act and the Growth
Management Act. However, this Interlocal Agreement shall not be construed as
delegating or authorizing the delegation of the constitutional or statutory duties of either
party to the other.
Section 8. Termination. Either party may terminate this Interlocal Agreement upon 30
days notice to the other. Upon termination, the City of Clearwater and the School
Board would use the review process identified in Section 235.193, Florida Statutes,
unless and until the two agencies are able to agree and establish another alternative
review process.
Section 9. Filina: Effective Date. As required by Section 163.01(11), Florida Statutes,
this Intenocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas
County, after execution by the parties, and shall take effect upon the date of filing.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as
of the date set forth above.
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CITY OF CLEARWATER, FLORIDA by
and through its City Co mission
Attest:
Approved as to Form:
By: ~(:e~' 11 /
Leslie Dougall-Si~e
Assistant City Attorney
By:
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Countersigned:
By: ~j~~
Corrine Freeman, .Chairperson
; rMAR 1 1 199L
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PINELLAS COUNTY SCHOOL BOARD,
FLORIDA
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sa holds hearing" to
receive public input and LG makes a final determination of
LG to conduct preliminary review site against Iocalional consistency with CP and may sa requests sile plan
S8 notifies LG of potential review of site with CP and criteria. sa provides record include conditions of approval as approval from LG.
site selection prior to provide the sa with inilial of hearing am adopted by sa at their hearing or
acquiring or leasing property. assessment of consistency. I recommendation along with others as LG deems necessal)'. ...
apptication to- LG.
Annual adjustment 01
LG and PPC
J Countywide Future
land Use Plan Maps
. showing approved
school sites. J
1 Option A. sa Holds HearingJ
60 day' tim8 frame
25 days
20 days
15 days
LQPtion B · LQ Holds HearlngJ
. , 50 day. time Crame
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15 days
45 days
LG holds hearing.. ta-
LG to conduct preliminary receive public input and
S8 notilies LG of potential makes a final determination sa requests site plan
review of site with CP and of consistency with the CP approval from LG.
site selection prior to provide the S8 with in~ial including any conditions of
ac:quiringor leasing property, assessment of consistency. approval it deems are
necessary....
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Annual adjustment of
LG and PPC
Countywide Future
Land Usa Plan Maps
showIng approved
school sites.
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Objective I.:
Policy 1. 1 :
Policy 1.2:
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Policy 1.3:
Policy 1.4.:
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EXHIBIT 2
Objective and Polides To Ik Incorporated in the
Future Land Use Element of the Local Comprehensive Plan
The City of Gulfport shall support cfforu that (adUtate coordination
of planning bet'M:cn the Cly of Gulfport and the School Board for the
location and development of public educational facilities.
Public educational facilities are defined as elementary schools. special
educational Eacilities. occeptional education facilities. middle schools,
high schools, and area vocational . technical schools of the Pinellas
County School District.
Public educational facilities of the School Board are an allow:ablc use
within the following future land use categories.
Residential Suburban
Residential Low
Residential Urban
Residential LQw Mc:dhlll1
Residential Medium
Residential High
The location and construction of new public educational facilities, or
the expansion of an existing site, \\1thin one of the future land use
categories listed in Policy 1.2. shall only be aUowc:d upon a
determination by th~ City of Gulfpon that the proposed site i$
consistent with the City of Gulfport's Comprehensive Plan.
In addition to overall consistency with the City of Gulfport
Comprehensive Plan, the proposed location of a new or expanded
public educational facility of the School Board within one of the land
use categories listed in Policy 1.2. shall be reviewed and considered
\vith the following general criteria:
1. The proposed location is compatible with present and
projected uses of adjacent property. [$. 235.19(2) (a)]
2. nle site area of the _proposed location is adequate for its
int.c:ndc:d use based on the State Requirements' for
Educational Facilities a.nd providf!s sufficient a.rea to
accommodat~ all needed utilities and support facilities and
allow for adequate buffering and surrounding land uses.
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7275477172
3. Based on the S~year CapitAl Improveme.nt Program of the
School Board and the City of Culfport Compr~hensi"e Plan,
there win be adequate public services and facilili~$ to
support the public school. [5. 235.193(2)]
4. There are no signifiCdnt environmental constraints that
would preclude development of a public education facility
on the site.
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5. There will be no adverse impact on archa.eological or historic
sites listed in the National Register of Historic Places or
d~signated by a local government as locally significant
historic or archaeological resources.
6. 111e proposed location is well drained and soils are suitable
for development or are adapta.ble for development and
outdoor educational purposes with drainage improvernents.
7. The proposed loeation is not in conflict with the: County's
Stormwater Management Plan 31'\d the City of Gulfport's
adopted watershed management plan. if applicable.
8.
The proposed location is not ;1' a velocity flood zone or a
flood way.
9. The proposed location can accommodate the required
parking and anticipated queuing of vehicles onsile.
'10. The proposed location lies outside the area regulated by
section 333.03{3), F.S., regarding the construction of public
educational facilities in the vicinity of an airport.
Policv 1.5.: TIle roJlowing criteria shall also be used to evaluate whether proposed
locations of specific types of schools are consiste.nt with the City of
Guifport's Comprehensive Plan:
Elementary Schools. Special Ed\lcation facilities, al'\~ Alternative
Ed\lcation Facilities.
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1, TIle proposed location shall have direct access to at least a mi~or
collector road or as otherwise approved by the City of G~lIfpor't
after del~rillination of acceptable traffic impaCtS on adjacent roads (
of Jesser classification.'
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Middle ~hooJt
1. 'The proposed location shaU have direct access to at least a minor
collector road or :l$ otherwise approved by the: City of Gulf pOrt
after determination of acceptable traffic impacts on adjacent roads
of lesser classification.
2. Outdoor recreational facilities and similar support facilities shall
be located and .buffered on the proposed site to minimize impacts
on adjacent properties.
HiBh Schools
1. The proposed location shall have direct access to at least a major
collector road, or as otherwise approved by the City of Gulfport
after detennination of acceptable traffic impacts on adjacent roads
of lesser classification.
2. Stadiums. outdoor recreational facilities, and similar support
facilities shall be located and buffered on the proposed site to
minimize impacts on adjacent properties.
Vocational. Technical Schools
1. The proposed location shall have direct access to at least a major
coJlector road. or as otherwise approved by the City of Gulfport
~fter detennination of acceptable traffic impactS on adjacent roads
'of lesser classification.
2. Industrial education fadlities shall be located and buffered on the
proposed site to minimize impacts on adjacent properties.
. .Policy 1.6.: Proposed locations that are less than the standard site acreage as
prescribed in the Florida Department of Education State
Requirements of Educational Facilities may be determined to be
consistent with the City of Culfpdrt's Comprehensive Plan
providec;l the requirements of s. 235.19(3), F.S.. are met and off.
site impacts can be adequately mitigated.
Policy 1.7.:
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A consistency detennination for a proposed new site or additional
property with the City of Gl1lfport"s Comprehensive Plan may be
conditioned vl,'ith reference to specific types of public educational
facilities.
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Policy 1.8.:
Policy 1.9.:
Policy 1.10.:
Policy 1.1,1.:
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At the time of consistency detemlination. the City of Culfport
may bnpose reasonable conditions for development of the sile as
it relatd to any of the criteria in Policics 1.4. and 1.5. Conditions (
may not be inlposed which conflict with those established in
Chaptet 235 or the S13le Uniform Building Code. unless mutually'
agreed .oon. [s. 235.193 (6)J
Before jignificant change of program at a public educational
facility is impJ~mented. the School Board and the City of Gulfport
shall require a review of the facililY's onsite and offsitc impacts.
The School Board and the City of Gul{port will work
cooperatively to mitigate onsile and of(site impacts, including
impacts to public facilides. identified through the: review.
The City of Gulfport and the School Board shall annually
coordinate in lhe development of their respective capital
improvement programs.
The policies in Objective 1 above are assumed to be consistent
\-\lith. and do not nullify or conflict with. the provi~ions in Chapter
235. F.S.
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