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Board of County Commissioners

Board of County Commissioners. School Concurrency September 21, 2010 Public Hearing. Presentation Outline. Purpose Background Concurrency Management Ordinance Vested Rights Ordinance Action Requested. Presentation Outline. Purpose Background Concurrency Management Ordinance

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Board of County Commissioners

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  1. Board of County Commissioners School Concurrency September 21, 2010 Public Hearing

  2. Presentation Outline • Purpose • Background • Concurrency Management Ordinance • Vested Rights Ordinance • Action Requested

  3. Presentation Outline • Purpose • Background • Concurrency Management Ordinance • Vested Rights Ordinance • Action Requested

  4. Purpose To incorporate School Concurrency into The Land Development Code (Chapter 30) - Ordinance amending the Land Development Code relating to Concurrency Management - Ordinance amending the Land Development Code relating to Vested Rights

  5. Presentation Outline • Purpose • Background • Concurrency Management Ordinance • Vested Rights Ordinance • Action Requested

  6. Background Concurrency • 1985 – Local Government Comprehensive Planning and Land Development Regulation Act • Public facilities and services must be available concurrent with the impact of new development • Mandated concurrency and levels of service for: • Potable Water and Wastewater • Drainage • Solid Waste • Traffic (Roads) • Parks and Recreation • Mass Transit

  7. Concurrency Review Process Background (cont.) Applications Submitted Determination Letter Issued Agency Reviews Compiled Reservation Encumbrance Approved

  8. Background (cont.) • Senate Bill 360 (2005) • Mandated schools as a concurrency- related public facility • School Concurrency became effective in Orange County on September 17, 2008 • School Concurrency currently implemented via Comprehensive Plan Policies and Interlocal Agreement (ILA) • Ch. 163 F.S., Comprehensive Plan and the ILA all require adding School Concurrency to Land Development Code

  9. Presentation Outline • Purpose • Background • Concurrency Management Ordinance • Vested Rights Ordinance • Action Requested

  10. Concurrency Management Ordinance • Chapter 30, Article XII, of the Orange County Code • Implements the statutory concurrency requirements adopted in the Comprehensive Plan pursuant to Section 163.3180 F.S. • Amended to include public schools as a concurrency-related public facility • Application process modeled after existing Transportation Concurrency system

  11. CONCURRENCY Concurrency Management Ordinance (cont.) Amended Sections • Definitions (Sec. 30-501) • School Concurrency application and evaluation procedures (Sec. 30-563) • Capacity encumbrance (Sec. 30-581)

  12. Concurrency Management Ordinance (cont.) Amended Sections • Capacity reservation (Sec. 30-599) • Proportionate share mitigation (Sec. 30-621) • Appeal process (Sec. 30-623)

  13. Concurrency Management Ordinance (cont.) Other Amended Sections • Minor clarifications and updates • Concurrency Review Committee expanded • Extends Encumbrances up to one year • Modifies capacity availability reporting requirements

  14. Presentation Outline • Purpose • Background • Concurrency Management Ordinance • Vested Rights Ordinance • Action Requested

  15. CONCURRENCY Vested Rights Ordinance Overview Chapter 30, Article XI, of the Orange County Code • Amended to incorporate School Concurrency • Sets forth those developments entitled to an exemption or vested rights from School Concurrency • Provides the standards and procedures for determining school concurrency exemptions and vested rights, and appeals from those decisions

  16. Vested Rights Ordinance (cont.) Amended Sections Section 30-374 Exemptions • Contains the list of exemptions outlined in Sec. 16.2 of the Interlocal Agreement • Separate process for granting exemptions and vested rights from School Concurrency Section 30-387 Appeals • Vested rights decisions are appealed to the Development Review Committee rather than a Hearing Officer and ultimately to the Board of County Commissioners • School Board has the right to appeal

  17. Vested Rights Ordinance (cont.) Exempt Residential Development includes: • De minimis (less than 1 student) • Single platted residential lot of record as of September 16, 2008 • Approved building permits as of September 16, 2008 • Amendments, alterations, or accessory buildings that do not create additional residential units or change the type of unit • Age restricted developments and group living facilities that do not generate students • Replacement of a dwelling unit where no additional units are created

  18. Vested Rights Ordinance (cont.) Vested Residential Development includes: • Approved site plan or plat on or before September 16, 2008 • DRIs with a complete application filed prior to May 1, 2005, or with a Development Order prior to July 1, 2005 • Residential Development subject to an Agreement with the School Board on or before September 16, 2008 • Development vested under common law on or before September 16, 2008

  19. Presentation Outline • Purpose • Background • Concurrency Management Ordinance • Vested Rights Ordinance • Action Requested

  20. Action Requested LPA Action • On August 19, 2010, the Local Planning Agency (LPA) made a finding of consistency with the Comprehensive Plan for the two Ordinances pertaining to School Concurrency • The LPA further recommended amendments to Vested Rights Exemptions Section for Accessory Buildings • Minor modifications to this Section are included in the Ordinance per the LPA • Other changes suggested by the LPA first require an amendment to the ILA

  21. Action Requested (cont.) Making a finding of consistency with the Comprehensive Plan and adopt the Ordinances Amending Orange County Code, Chapter 30, pertaining to Concurrency Management to implement School Concurrency -And- Amending Orange County Code, Chapter 30 pertaining to School Concurrency Vested Rights -And- Including changes made at the Public Hearing

  22. Board of County Commissioners School Concurrency September 21, 2010 Public Hearing

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