Fort Walton Beach Resolution — 07-03-Interlocal Agreement-School Planning — reading text

Site acquisition and development costs; g) Safe access to and from the school site by pedestrians and vehicles; h) Existing or planned availability of adequate public facilities and services to support the school; i) Environmental constraints that would either preclude or render cost infeasible the development or significant renovation of a public school on the site; G) Adverse impacts on archaeological or historic sites listed in the National Register of Historic Places or designated by the affected local government as a locally significant historic or archaeological resource; k) The site is well drained and the soils are suitable for development or are adaptable for development and other educational purposes with drainage improvements; 1) The proposed location is not in conflict with the local government comprehensive Page 17 of 35  plan, storm water management plans, or watershed management plans; m) The proposed location is not within a velocity flood zone or floodway, as delineated in the applicable comprehensive plan; n) The proposed site can accommodate the required parking, circulation and queuing of vehicles; 0) The proposed location lies outside the area regulated by Section 333. 03, F. S., regarding the construction of public educational facilities in the vicinity of an airport; and. p) The proposed site can be co- located with other public facilities such as parks, libraries, and community centers, as provided in Section 9 of this amended interlocal agreement. 5.4 At least sixty ( 60) days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the manager of the local government with jurisdiction over the use of the land as specified in Section 13. The local government, upon receipt of this notice, shall notify the School Board within forty- five ( 45) days if the proposed new school site is consistent with the land use categories and policies of the local government' s comprehensive plan. This preliminary notice does not constitute the local government' s determination of consistency pursuant to section 1013. 33( 11) and (12), Florida Statutes. Section 6. SUPPORTING INFRASTRUCTURE. 6. 1 In conjunction with the preliminary consistency determination described at subsection 5.4 of this agreement, the School Board and affected local governments will jointly determine the need for and timing of on- site and off-site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement as Page 18 of 35  to the timing, location, and the party or parties responsible for constructing, operating, and maintaining the required improvements. Section 7. SITE PLAN REVIEW The site design/development plan for a proposed educational facility shall be reviewed in accordance with the Local Government Land Development Code Regulations. Pursuant to Section 1013. 33(12) F. S., ifthe proposed educational facility is in compliance with the local government's comprehensive plan and land development regulations as affirmed by the elected officials of the local governing body at a public meeting, school construction may commence and further local government approvals are not required. Section 8. LOCAL PLANNING AGENCY, COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS 8. 1 The County and Municipalities will include a nonvoting representative appointed by the School Board on the local planning agencies, or equivalent agencies, to attend or provide comments at those meetings at which the agencies consider comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The Municipalities and County may, at their discretion, grant voting status to the school board member. 8.2 The School Board will receive local planning agency agendas and appropriate backup materials from all local governments and will review and comments as appropriate. 8. 3 The County and the Municipalities agree to give the School Board notification of comprehensive plan amendments, rezonings, site plans, final subdivision approvals or plats, preliminary plats; and development proposals pending before them that may affect student Page 19 of 35  enrollment at least thirty ( 30) days before the approval of such proposals. Within 30 ( thirty) days after notification by the local government, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned at the affected schools to accommodate the impacts. This evaluation process shall be expressed in terms of the adopted level of service and coordinated with the applicable School concurrency management system. capacity will be reported consistent with the Florida Inventory of School Houses (FISH). The School Board shall address how capacity has been maximized in the affected concurrency service area. If the proposal results in a failure oflevel of service, and capacity is available in a contiguous concurrency service area, then the School Board shall specify how impacts mayor may not be shifted to a contiguous concurrency service area. 8.4 If sufficient capacity is not available or planned to serve the development at the time of impact, the School Board will specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, local government, and developer will collaborate to find whether there are means to ensure sufficient capacity will exist to accommodate the development, such as, proportionate share mitigation, developer contributions, project phasing, or developer provided facility improvements. Section 9. CO- LOCATION AND SHARED USE. 9. 1 Co- location and shared use of facilities are important to both the School Board and local governments. The School Board will look for opportunities to co- locate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, co-. location and shared use opportunities will be considered by the local governments when preparing Page 20 of 35  the annual update to the comprehensive plan' s schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. Opportunities for co- location and shared use with public schools will be considered for: a) libraries, b) parks and recreation facilities, c) community centers, d) auditoriums and performing arts centers, e) learning centers, f) museums, g) stadiums, and h) emergency shelters. In addition, co- location and shared use of school and governmental facilities for health care and social services will be considered. 9. 2 A separate agreement will be developed for each instance of co- location and shared use which addresses legal liability, operating, and maintenance costs, scheduling of use , and facility supervision or any other issues that may arise from co- location and shared use. Section 10. RESOLUTION OF DISPUTES 10. 1 If the parties to this agreement are unable to resolve any issue in which they may be in disagreement covered in this agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes. 10. 2 The parties hereby acknowledge and agree that it is not the intent of any party to this Page 21 of 35  agreement to confer any rights on any person or entities other than the parties to this agreement. No person or entity not a party to this agreement shall have any claim or cause of action against either the County, the Municipalities or the School Board for the failure of