October 30 2007 Board of County Commissioners ORANGE

October 30, 2007 Board of County Commissioners ORANGE COUNTY BCC, ORANGE COUNTY, FLORIDA ORANGE COUNTY BCC, ORANGE COUNTY, FLORIDA ORANGE COUNTY BCC, ORANGE COUNTY, FLORIDA ORANGE COUNTY BCC, ORANGE COUNTY, FLORIDA School Concurrency Discussion Item Orange County, Florida 1

Presentation Outline Board of County Commissioners ! Background ! ! ! Components Requirements Review Process Issues/Challenges Timeline 2

Background Board of County Commissioners History of Concurrency § 1985 – Local Government Comprehensive Planning and Land Development Regulation Act § Mandated concurrency for: - Potable Water and Wastewater - Drainage - Solid Waste - Traffic (Roads) - Parks and Recreation 3

Background (cont. ) Board of County Commissioners School Concurrency Optional vs. Mandatory § Optional: - 1998 Legislation - Adopted by Palm Beach County (1992) § Mandatory: - 2005 Legislation (S. B. 360) - Adopted by April 1, 2008 4

Background (cont. ) Board of County Commissioners Orange County’s Current System § School Siting Regulations (1996) § Public Schools Facility Element(1997) - Optional Element § Martinez Doctrine (2000) - Capacity Enhancement Agreements (CEA’s) § Interlocal Agreement for Public School Facility Planning (2003) § School Overcrowding Charter Amendment (2004) § Charter Amendment Ordinance/Interlocal (2006) 5

Background (cont. ) Board of County Commissioners What is School Concurrency? Requirement that adequate school capacity be available concurrent with the impact of residential development. 6

Background (cont. ) Board of County Commissioners Penalties for Non-Compliance: § The school board is subject to sanctions which withhold state funds for school construction. § The local government would be prohibited from adopting comprehensive plan amendments that increase residential density. 7

Components Board of County Commissioners § Data and Analysis § Level of Service (LOS) § Concurrency Service Areas (CSA’s) § Financially Feasible Plan § Proportionate Share Mitigation 8

Components (cont. ) Board of County Commissioners Data and Analysis § School Capacity § Enrollment § Student Generation § Capital Costs § Projected Population Growth § Residential Development Activity 9

Components (cont. ) Board of County Commissioners Level of Service Standard § Set uniform standards district-wide for each school type § Uses school facility capacity § Based on financially feasible capital plan § Adopted in the comprehensive plan § Example: 100% Program or FISH (Florida Inventory of School Houses) 10

Components (cont. ) Board of County Commissioners Concurrency Service Area (CSA) Geographically demarcated areas in which school capacity will be measured using the adopted levels of service § May be district-wide or less than district-wide (e. g. district, subdistrict, school attendance zones). § If less than district-wide must apply the adjacency rule. 11

Components (cont. ) Board of County Commissioners Adjacency Requirement § Triggered if new residential development exceeds the LOS for the CSA in which its located. § Adjacent CSA is evaluated for capacity, if capacity exists then the local government cannot deny the development based on lack of school capacity. § Development impacts shifted to adjacent CSA’s. 12

Components (cont. ) Board of County Commissioners Financially Feasible Capital Facilities Plan - Funding availability - Adopted level of service will be achieved and Student enrollment projections are anticipated Capacity needs identified School utilization maximized maintained 13

Components (cont. ) Board of County Commissioners Proportionate Share Mitigation § Mitigation options may include: - Donation of land/buildings - Renovation of existing school facilities - Construction of permanent student stations - Construction of schools in advance of the time set forth in School District’s 5 -year plan § Must be directed toward a capacity project identified in the School District 5 -Year Capital Plan and satisfy the demands created by the development. 14

Requirements Board of County Commissioners Comprehensive Policy Plan Amendments § Public Schools Facilities Element (PSFE) § Intergovernmental Coordination Element (ICE) § Capital Improvement Element (CIE) Interlocal Agreement (ILA) 15

Requirements (cont. ) Board of County Commissioners Public School Facilities Element (PSFE) § Correction of existing deficiencies § Ensure adequate school capacity for the 5 - year and long term planning periods § Coordinate school location with residential development § Ensure necessary supporting infrastructure § Include options for proportionate-share mitigation § Procedures for school site selection - 163. 3177(12). F. S. 16

Requirements (cont. ) Board of County Commissioners Capital Improvements Element (CIE) § Incorporate OCPS’s financially feasible public school capital facilities program § Include LOS standards § Update public school capital facilities program and CSA boundaries in conjunction with the annual CIE update - 163. 3180(13)(b)2. F. S. and 163. 3180(13)(d)1. F. S. 17

Requirements (cont. ) Board of County Commissioners Intergovernmental Coordination Element (ICE) § An executed ILA for the implementation of school concurrency § Policies establishing joint processes for population projections and school siting § Policies that coordinate the comprehensive plan with the plans of the school board - 163. 3177(6)(h)1. and 2. F. S. 163. 3177(6)(h)4. a. F. S. 18

Requirements (cont. ) Board of County Commissioners Interlocal Agreement (ILA) - Level of service standards - Financially feasible school capital program - School concurrency service areas defined - Coordinated student projections -163. 31777 F. S. 19

Requirements (cont. ) Board of County Commissioners Interlocal Agreement (ILA) - Development review procedures - School siting criteria - Co-location of public facilities - Proportionate share mitigation process 20

Requirements (cont. ) Board of County Commissioners Interlocal Agreement (ILA) “Martinez Doctrine”/School Capacity Ordinance Implementing Charter Ordinance. § Require Assessment of School Capacity at Future Land Use Map (Comprehensive Policy Plan) Amendment and Rezoning. § Require Assessment of School Capacity at Individual School Attendance Zone. 21

Requirements (cont. ) Board of County Commissioners Interlocal Agreement (ILA) Capacity Enhancement Agreements § Initial result of “Martinez Doctrine” § Continue under School Capacity Ordinance § Must address in ILA in Relation to School Concurrency 22

Review Process Board of County Commissioners § Interlocal Planners/Technical Committee § Stakeholders Committee § Policy Committee § Legal Committee 23

Issues /Challenges Board of County Commissioners § Coordination with Municipalities § Selecting CSA’s and LOS § Integrating into Concurrency Management System § County Party to Proporatate Fair Share Agreements § Vesting/Exemptions 24

Timeline: Board of County Commissioners CPP Amendments LPA Transmittal (November 15, 2007) BCC Transmittal (December 18, 2007) FDCA Review (60 Days) LPA Adoption (March 19, 2008) BCC Adoption & ILA (April 1, 2008) Land Development Code Amendments 25

October 30, 2007 Board of County Commissioners ORANGE COUNTY BCC, ORANGE COUNTY, FLORIDA ORANGE COUNTY BCC, ORANGE COUNTY, FLORIDA ORANGE COUNTY BCC, ORANGE COUNTY, FLORIDA ORANGE COUNTY BCC, ORANGE COUNTY, FLORIDA School Concurrency Discussion Item Orange County, Florida 26