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
\'f\c:uLch ,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 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, Pinel/as County, several of the
municipalities, and the Pinel/as 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', comprehensive plan; and
WHEREAS, this staff group 81so 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. ~. Should either the City of Clearwater or the School Board
desire to modify either theaJtemative review procesl depicted in Exhibit 1, or the
Iocational review aiteria 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 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 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 filing.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as
of the date set forth above.
Attest:
CITY OF CLEARWATER, FLORIDA by
and through its City Co mission
Approved as to Form:
By: ,{:C.<2' 1/.
Leslie Dougall-Si e
Assistant City Attorney
By:
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Countersigned:
By: ~j --;)r~
Corrine Freeman, "Chairperson
· rMAR 1 t 1991
alFonn - IrierIoclII ~
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PINELLAS COUNTY SCHOOL BOARD,
FLORIDA
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'ntendent
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sa holds hearing.. to
receive public input and LG makes a final determination of
LG to condud preliminary r~wiew site against Iocational consistency with CP and may sa requests sile plan
sa notifies lG of pOlential review of site with CP and criteria. sa provides record include COnditions of approval as approval from lG.
site $e~lion prior 10 provfde the sa with initial of hearing am adopted by sa at their hearing or
acquiring or leasing property. assessment of consistency. recommendation along with I others as LG deems necessary....
I application to LG. .
Annual adjustment 01
lG and PPC
I Countywide Future
land Use Plan Maps
. showing approved
I school sites.
l.Qpuon A · S8 Holds HearingJ
60 day' tima frame
25 days
20 days
15 days
LQptlon B · LQ Holds HearingJ
, . 60 day. time frame
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15 days
-45 days
LG holds hearing" to
LG to conduct proliminary receive public input and
S8 notifies 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 Inhial including any conditions of
aoquiring or leasing property. assessment of consistency. approval it deems are
necessary....
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Annual adjustmenl 0'
LG and PPC
Countywide Future
Land Usa Plan Maps
showing approved
school sites.
Schools,wb 1"".
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Objective 1.;
Policy I. 1 :
Policy 1.2:
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Policy 1.3:
Policy 1.4.:
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EXHIBIT 2
Objective and Policies To Be Incorporated in the
Future Land Use Element of the Local Comprehensive Plan
The City of Gulfport shall support efforu that {adlitate coordination
of planning betM:cn the aty of Gulfport and the School Board for the
location and development of public educational facilities.
Public educational facilities are defined as elementary schools. spedal
educational facilities. oceptional 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 allowable use
withitl the following future land use categories.
Residential Suburban
Residential Low
Residential Urban
Residential Lqw Medium
Residential Medium
- Residential High
The location and construction of new public educational facilities, or
the expansion of an G\{isting site, within one of th( future land use
categories listed in Policy 1.2. shall only be allowed upon a
determination by the City of Gulfport that the proposed site is
consistent with the City of Gulfport's Comprehensive Plan.
In addition to overall cOruistCllCY 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
with the (ollowi,'g general criteria:
I. The proposed location is compatible with present and
projected uses of adjacent properly. [s. 235.19(2) (a)]
2. 11\e site area of the _proposed location is adequate for its
intended use ba$Cd on the State Requirements' for
Educational Facilities and provides sufficient area to
accommodate' all needed utilities and support facilities and
allow for adequate buffering and surrounding ~and uses.
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3. Based on the S-ycar Capital Improvement Program of the
School Board and the Oty of CulFport Comprehensive Plan,
there will be adequate public services and facilities to
support the public school. [so 235.193(2))
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4, There are no significant environmental constraints that
would preclude development of a public education facility
on th~ sileo
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5. There will be no advers~ impact on archaeological or historic
sites listed in the National Register of Historic Places or
d!=signatc:d by a local government a$ locally significant
historic or archaeological resources.
6. 111( proposed location is well drained and soils are suitable
for development or are adaptable: for development and
outdoor educational purposes with drainage improvements,
7. The proposed IQeation is not in conflict v.:ith the County's
Stoflnwater Management Plan and the City of Gulfport's
adopted watershed management plan. if applicable.
8.
The proposec1location is not il"l a velocity flood zone or a
flood way.
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9. The proposed location can accommodate the required
parking and anticipated quelling of vehicles onsite.
"10. The proposed loc3tion 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 following criteria sl1allalso be lIsed to evaluate whether proposed
locations of specific types of schools ;tre consistent with the City of
Gulfport's Comprehensive Plan: .
Elen"lentary Schools, Special Ed\lct\tiol1 Facilities, an~ Alternative
Ed\lcation Facilities.
I. TIle proposed location shall have direct access to at least a mil!or
collector road or as otlu~rwisc approved by the City of Gulfport
after delt'rmination of acceptable traffic impa<;t.S on adjacent roads (
o( Jesser c1iusifjcation.-
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Middle ~~oo~
I. 'The proposed location shalf have direct access to at least a minor
collector road or 35 otherwise approved by the City of Gulfport
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.
High Schools
I. 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 impacu on adjacent roads
of Jesser 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 loc~tion shall have direct access to at least a major
collector road. or as otherwise approved by the City of Gulfport
Clfter detc:nnination of acceptable traffic impactS on adjacent roads
'of lesser classification.
2. Industrial education facilities 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
Rtquirel11ents of Educational Facilities may be determined to be
tonsistent with the City of Gulfpdrt's Comprehensive Plan
provide9 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 \\;th the City of Gulfporfs Comprehensive Plan may be
cOllditioned with reference to specific types of public educational
facilities.
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Policy 1.8.:
Policy 1.9.:
Policy 1.10.:
Policy 1.1. I.:
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At the time of consistency dctemlinadon. the City of Culfport
may impose reasonable conditions (or development of the site as
it rdatcs to any of the aittria in Policies 1.4. and 1.5. Conditions (
may not be inlposcd which conflict with those (stablished in
Chaptet 235 or the S12tc Uniform Building Code. unless mutually.
agreed "DOn. [5. 235.193 (6))
Before! jignificant change of program at a public educational
facility is impI~mentcd. the School Board and the City of GulEport
shall require a review of the facility's onsile and offsitc impacts.
The School Board and the City of Gulfport will work
cooperatively to mitigate onsile and oflsitc impacts, including
impacts to public facilities. identified through the: review.
The City of Gulfport and the School Board shall annually
coordinate in the development of their respective capital
imprOVel'l'lent programs.
The policies in Objective I above are assumed to be consistent
with. and do not nullify or conflict with. the provisions in Chapter
235. F.$.
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