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 II th day of
\1\c:Dt.e.-.h ,1997, by and between the CITY OF CLEARWATER, FLORIDA, a
political subdivision of 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 educatronal 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, Pine lias 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 a 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 locel 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 the. alternative review process depicted in Exhibit 1, or the
locatlonal review criteria identified in Exhibit 2, they shall 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 planning agency.
Section 6. Notice. Notice by either party to the other pursuant to this Interlocal
Agreement shall be given in writing and hand-delivered ormailed 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 Interlocal 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 filingo
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as
of the date set forth above.
, c~Jrk
CITY OF CLEARWATER, FLORIDA by
and through its City Co mission
Approved as to Form:
By: . .\-(c<, ~ 1/
Leslie Dougall-Si e
Assistant City Attorney
By:
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Countersigned:
By: ~~j ~~.fJ~
Corrine Freeman, Chairperson
j fMAR 1 1 1991.
By:
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PINELLAS COUNTY SCHOOL BOARD,
FLORIDA
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WALTER POWNALL
SERVICE CENTER
lllll S. Belcher Road
Largo, FL 33773
(813)541-3526
School Board of
Pinellas County,
Florida
Chairman
Corinne Freeman
Vice-Chairman
Lucile 0, Casey
Lee Benjamin
Barbara). Crockett
Jane Gallucci
Susan Latvala
Linda S. Lerner
Superintendent
J Howard Hinesley, Ed.D.
Pinellas Countv Schools is
an equal oppo;tunity
institution for education
and employment.
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RECEIVED
MAR 1 7 1997
PINELLAS COUNTY
SCHOOLS
q}'WW20t; Skt/Ln!J c4wmd 'WLniUt
March 12, 1997
Sandra E. Glatthorn
Planning Administrator
City of Clearwater
POBox 4748
Clearwater, FL 34618-4748
G!TY GLHIK DEPT.
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CiTY OF CLEI,84iAim
RE: lnterlocal Agreement For Public Educational Facilities Siting
Dear Ms. Glatthorn:
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The School Board at it's meeting of March 11, 1997, approved the lnterlocal
Agreement between the School Board and the City of Clearwater for Public
Educational Facilities Siting.
Enclosed is an executed agreement for your records.
Sincerely,
~~~
Jim Miller, Director
Real Property Management
encl.
J!\kli com\Facility\City Clearwater IntertDC.'ll for Educ Facilities Siting
Printed on Recycled Paper