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Orange County Government

School Concurrency Implementation. Orange County Government. September 16, 2008. Board of County Commissioners Discussion Item. CONCURRENCY. Presentation Outline. Overview Legal Requirements Implementation Procedures Fee Structure Requested Action. CONCURRENCY. Presentation Outline.

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Orange County Government

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  1. School Concurrency Implementation Orange County Government September 16, 2008 Board of County CommissionersDiscussion Item

  2. CONCURRENCY Presentation Outline • Overview • Legal Requirements • Implementation Procedures • Fee Structure • Requested Action

  3. CONCURRENCY Presentation Outline • Overview • Legal Requirements • Implementation Procedures • Fee Structure • Requested Action

  4. Overview Concurrency • 1985 – Local Government Comprehensive Planning and Land Development Regulation Act • Certain public facilities and services must be available concurrent with development • Mandated concurrency for: • Potable Water and Wastewater • Drainage • Solid Waste • Traffic (Roads) • Parks and Recreation • Transit

  5. Overview Senate Bill 360 • New Legislation Effective July 1st 2005 • Establishes schools as concurrency-related public facility in the Comprehensive Policy Plan (CPP) • Requires adequate school capacity be available to support impacts of residential development at adopted levels of service • Applied at time of site plan, final subdivision approval, or the functional equivalent, for residential development • Withhold approvals until concurrency has been satisfied

  6. Overview • Components of School Concurrency • Applicable County-wide • Public School Facilities Element (PSFE) • Capital Improvements Element (CIE) • Intergovernmental Coordination Element (ICE) • Amended Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency (ILA) • Incorporate School Concurrency provision into Land Development Code

  7. Overview The Interlocal Agreement (ILA) includes: • Adopted Levels of Service • Financial Feasibility • Concurrency Service Areas (CSA) • Coordinated Student Projections • Development Review Procedures • School Siting Criteria • Proportionate Share Mitigation Process • Exemptions

  8. Overview Exemptions • De minimis per the CPP (generates less than one student) • Platted residential lots of record • Expansions or alterations to existing dwelling units that do not create additional residential units • Age restricted developments, student housing and group living facilities • Certain Developments of Regional Impact (DRIs)

  9. Overview Chronology • Worksession October 30, 2007 • Transmitted January 29, 2008 • ORC Report April 15, 2008 • BCC Adoption June 10, 2008 • Notice of Compliance August 26, 2008 • Effective Date September 17, 2008 • Land Development Code In Progress

  10. CONCURRENCY Presentation Outline • Overview • Legal Requirements • Implementation Procedures • Fee Structure • Requested Action

  11. Legal Requirements Statutory Requirements • SB 360 required DCA to establish phased schedule for adoption (no later than December 1, 2008) 163.3177(12)(i), Florida Statutes • Orange County’s scheduled adoption date: April 1, 2008 • Actual adoption date: June 10, 2008 • All development orders must be consistent with comprehensive plan. 163.3194 (1)(a), Florida Statutes

  12. Legal Requirements Statutory Requirements (cont.) • During interim period when provisions of most recently adopted element or portion of comprehensive plan and land development regulations are inconsistent, provisions of most recently adopted element or portion of comprehensive plan govern actions taken regarding development orders. 163.3194 (1)(b), Florida Statutes

  13. Legal Requirements Statutory Requirements (cont.) • “Development order” means any order granting, denying, or granting with conditions, a development permit. 163.3164 (7), Florida Statutes • “Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance or other official act of local government having the effect of permitting the development of land. 163.3164(8), Florida Statutes

  14. Legal Requirements “Vested” or Exempt Development School Concurrency Not Applicable to: • PSP, Commercial Site Plan (multi-family) applications submitted on or before September 16, 2008 • Single-family platted lot of record • Senior housing • Student housing • Development with existing CEAs (evaluated case-by-case) • DRIs existing or applied for prior to May 1, 2005 • Development with common-law vested rights

  15. Legal Requirements • Land Development Code Amendments • Concurrency Management (Section 30-500, O.C. Code) • Vested Rights (Section 30-370, O.C. Code) • Process/Time Frame • LPA Worksession (October/November) • LPA Public Hearing (November/December) • BCC Public Hearing (December/January)

  16. CONCURRENCY Presentation Outline • Overview • Legal Requirements • Implementation Procedures • Fee Structure • Requested Action

  17. Implementation Procedures Concurrency Administration • Concurrency Reviews • Mass Transit • Parks • Potable Water • Roadways • Solid Waste • Stormwater • Wastewater • Schools

  18. Implementation Procedures Concurrency Administration • Concurrency Management Office • Receives Applications • Compiles Reviews • Collects Fees • Issues Letters • Capacity Banking • Databaseofcapacityreservedforallfacilities • InsuresLOSrequirementsaremet • Capacity Report • Current usage and remaining capacity • Projecteddemand on facilities

  19. Implementation Procedures School Concurrency Process (Interim Procedures take effect 9/17/08) • Review of school concurrency included with existing consolidated County review process • County issues concurrency determinations based upon School District recommendations • County responsible for appeal process for denials of site plans and concurrency determinations

  20. Implementation Procedures School Concurrency Process (cont.) • Applicable to all residential development • Commercial Site Plans (Multi-family) • Preliminary Subdivision Plans (PSPs) • Development Plans (DPs) • Residential portion of Mixed-use projects

  21. Implementation Procedures Projects Not Subject to School Concurrency • Projects submitted before effective date • Projects exempt pursuant to ILA • Vested Projects

  22. Application Process - Schools Implementation Procedures Applications Submitted Determination Letter Issued Agency Review Reservation Encumbrance Approved

  23. Implementation Procedures Application Process (Encumbrance) • Applications distributed to OCPS for evaluating impact of project on facilities • Determinations of approval or denial made by Concurrency Management Office for a single response to applicant • Approved projects encumbered for 180 days

  24. Implementation Procedures Application Process (Reservation) • After 180 days of encumbrance, reservation of capacity is required • Reservation fees (based on current impact fees) • Fixed reservations (1 - 3 years) with equal payments due annually and capacity used proportionately • Flexible reservations (3 yrs) must be paid in full and capacity can be used anytime as needed • Reservation fees applied towards impact fee payments due at building permitting

  25. Mitigation Process - Schools Implementation Procedures Applications Submitted Determination Letter Issued Agency Review Concurrency Review Committee Mitigation/ Prop-Share Denied

  26. Implementation Procedures Mitigation/Prop-Share • For projects unable to meet Concurrency • Mitigation options may include: • Payment of proportionate share • Land contribution • Construction or payment of actual cost of permanent student stations or core facilities to meet needs (wings, classroom additions, etc.) • Three-party agreement (BCC, OCPS, Developer) • Reviewed by Orange County Concurrency Review Committee (CRC)

  27. CONCURRENCY Presentation Outline • Overview • Legal Requirements • Implementation Procedures • Fee Structure • Requested Action

  28. Fee Structure School Concurrency Fees • School Board and County conducted internal fee analysis based on additional workload • Study completed by consultant for County fees • Increases proposed for FY 09 • Fees effective September 17, 2008 • County collects all fees and remits applicable portion to OCPS

  29. Fee Structure Proposed Concurrency Fees

  30. CONCURRENCY Presentation Outline • Overview • Legal Requirements • Implementation Procedures • Fee Structure • Requested Action

  31. Requested Action • Approve Interim Procedures for School Concurrency Consistent with the Interlocal Agreement and Comprehensive Policy Plan • Approve Fee Resolution and Fee Schedule

  32. School Concurrency Implementation Orange County Government September 16, 2008 Board of County CommissionersDiscussion Item

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