Board of County Commissioners School Concurrency June 10, 2008 Adoption Public Hearing

Board of County CommissionersBoard of County Commissioners

School ConcurrencySchool ConcurrencyJune 10, 2008June 10, 2008

Adoption Public HearingAdoption Public Hearing

Presentation Outline

Background

CPP Amendments

Interlocal Agreement

Requested Actions

Background

CPP Amendments


Requested Actions


Background

CPP Amendments


Requested Actions

Background

CPP Amendments


Requested Actions

Background

Senate Bill 360 Effective 2005 Establishes schools as a concurrency-

related public facility School capacity must be available to

support the impacts of residential development at the adopted Levels Of Service

Applied at the time of site plan, final subdivision approval, or the functional equivalent, for residential development

Senate Bill 360 Effective 2005 Establishes schools as a concurrency-

related public facility School capacity must be available to

support the impacts of residential development at the adopted Levels Of Service

Applied at the time of site plan, final subdivision approval, or the functional equivalent, for residential development

Background

Penalties for Failure to Adopt

Local government precluded from adopting CPP amendments that increase residential density

School Board subject to sanctions imposed by the Administration Commission; may involve the withholding of construction funds

Penalties for Failure to Adopt

Local government precluded from adopting CPP amendments that increase residential density

School Board subject to sanctions imposed by the Administration Commission; may involve the withholding of construction funds

Background

Technical Advisory Committee

Stakeholders Committee

Legal Committee

Policy Committee

Technical Advisory Committee

Stakeholders Committee

Legal Committee

Policy Committee

Background

TIMELINETIMELINEOctober 19, 2007 LPA Work Session

December 18,2007 BCC Discussion Item

November 15, 2007 LPA Transmittal Hearing

January 29, 2008 BCC Transmittal Hearing

May 15, 2008 LPA Adoption Hearing

June 10, 2008 BCC Adoption Hearing

August/Sept 2008 Effective Date

Sept/October 2008 LDC Amendments

October 19, 2007 LPA Work Session

December 18,2007 BCC Discussion Item

November 15, 2007 LPA Transmittal Hearing

January 29, 2008 BCC Transmittal Hearing

May 15, 2008 LPA Adoption Hearing

June 10, 2008 BCC Adoption Hearing

August/Sept 2008 Effective Date

Sept/October 2008 LDC Amendments

Background

Components of School Concurrency Data and analysis Level of Service (LOS) Concurrency Service Areas (CSA) Financially feasible CIP for schools Comprehensive Policy Plan (CPP)

Amendments Interlocal Agreement

Components of School Concurrency Data and analysis Level of Service (LOS) Concurrency Service Areas (CSA) Financially feasible CIP for schools Comprehensive Policy Plan (CPP)

Amendments Interlocal Agreement

Background

Levels of Service (LOS)

(a) Elementary: 110% of adjusted FISH*

(b) K through 8: 110% of adjusted FISH*

(c) Middle: 100% of adjusted FISH*

(d) High: 100% of adjusted FISH* (Note: High Schools do not include “in-slots”)

* Permanent FISH, adjusted to include “in-slot” schools not to exceed Core Capacity.

Levels of Service (LOS)

(a) Elementary: 110% of adjusted FISH*

(b) K through 8: 110% of adjusted FISH*

(c) Middle: 100% of adjusted FISH*

(d) High: 100% of adjusted FISH* (Note: High Schools do not include “in-slots”)

* Permanent FISH, adjusted to include “in-slot” schools not to exceed Core Capacity.

Background

Concurrency Service Areas (CSAs)

Elementary School CSAs:Modified Middle School Attendance Zones

K through 8 CSAs: K-8 School Attendance Zones

Middle School CSAs: Middle School Attendance Zones

High School CSAs: High School Attendance Zones

Concurrency Service Areas (CSAs)

Elementary School CSAs:Modified Middle School Attendance Zones

K through 8 CSAs: K-8 School Attendance Zones

Middle School CSAs: Middle School Attendance Zones

High School CSAs: High School Attendance Zones


Background

CPP Amendments


Requested Actions

Background

CPP Amendments


Requested Actions

Comprehensive Policy Plan Amendments

Elements being amended

Public School Facilities Element (PSFE)

Capital Improvements Element (CIE)

Intergovernmental Coordination Element (ICE)

Elements being amended






Policies for:

– Planned correction of existing deficiencies

– Adequate school capacity for the 10-year planning periods

– School locations and necessary supporting infrastructure coordinated with residential development approvals

– Options included for proportionate-share mitigation and procedures for site selection


Policies for:

– Planned correction of existing deficiencies

– Adequate school capacity for the 10-year planning periods

– School locations and necessary supporting infrastructure coordinated with residential development approvals

– Options included for proportionate-share mitigation and procedures for site selection


Policies for:

– Adopting Level of Service standards

– Updates to the public school capital facilities program and concurrency service area boundaries in conjunction with the annual CIE update

– Establishing long-term concurrency management system for schools


Policies for:

– Adopting Level of Service standards

– Updates to the public school capital facilities program and concurrency service area boundaries in conjunction with the annual CIE update

– Establishing long-term concurrency management system for schools



Long-Term Concurrency Management System (LTCMS)

Backlogged schools (schools that cannot achieve the adopted LOS within 5 years)

The LOS of backlogged schools may not increase beyond the interim LOS as of April 1, 2008

Achieve the adopted LOS by the end of the 10 (ten) year planning period

Long-Term Concurrency Management System (LTCMS)

Backlogged schools (schools that cannot achieve the adopted LOS within 5 years)

The LOS of backlogged schools may not increase beyond the interim LOS as of April 1, 2008

Achieve the adopted LOS by the end of the 10 (ten) year planning period



Policies for: Establishing participation in the Technical

Advisory Committee

Coordination with Orange County Public Schools and Orange County municipalities

Demonstrating willingness to act in accordance with the Interlocal Agreement


Policies for: Establishing participation in the Technical

Advisory Committee

Coordination with Orange County Public Schools and Orange County municipalities

Demonstrating willingness to act in accordance with the Interlocal Agreement


ORC Received April 15, 2008 – contained the following objections/recommendations:

Include additional data demonstrating financial feasibility and adequate levels of service

Include additional maps to support data

Include projected student enrollments, school facility deficiencies and capacities

Incorporate policies that clearly establish a long term concurrency management system

Execute the interlocal agreement (ILA)

ORC Received April 15, 2008 – contained the following objections/recommendations:

Include additional data demonstrating financial feasibility and adequate levels of service

Include additional maps to support data

Include projected student enrollments, school facility deficiencies and capacities

Incorporate policies that clearly establish a long term concurrency management system

Execute the interlocal agreement (ILA)


Background

CPP Amendments


Requested Actions

Background

CPP Amendments


Requested Actions

Interlocal Agreement (ILA)

The ILA includes the following:

Adopted Levels of Service

Financial feasibility

Concurrency service areas

Coordinated student projections

Development review procedures

School siting criteria

Proportionate share mitigation process

The ILA includes the following:

Adopted Levels of Service

Financial feasibility

Concurrency service areas

Coordinated student projections

Development review procedures

School siting criteria

Proportionate share mitigation process


Capacity Enhancement Process

Applied at individual school level to ensure overcrowding is not created or aggravated

Applied as a credit toward any School Concurrency Proportionate Share Mitigation


School Concurrency Process Applied at site plan - Defined as “subdivision

approval or its functional equivalent”

Consolidated county review of all concurrency approvals but school concurrency timeframes may require separate reservation certificates

County issues concurrency determinations based upon school district recommendations

County responsible for appeal process for denials of site plans and determinations

School Concurrency Process Applied at site plan - Defined as “subdivision

approval or its functional equivalent”

Consolidated county review of all concurrency approvals but school concurrency timeframes may require separate reservation certificates

County issues concurrency determinations based upon school district recommendations

County responsible for appeal process for denials of site plans and determinations


Exempt Residential Development includes:

De minimis by the adopted plan (less than 1 student)

Platted residential lots of record

Approved building permits or site plans

Amendments, alterations, or accessory buildings that do not create additional residential units

Age restricted developments and group living facilities

Exempt Residential Development includes:

De minimis by the adopted plan (less than 1 student)

Platted residential lots of record

Approved building permits or site plans

Amendments, alterations, or accessory buildings that do not create additional residential units

Age restricted developments and group living facilities


Exempt Residential Development continued:Exempt Residential Development continued:

DRIs with an application filed prior to May 1, 2005 or with a Development Order prior to July 1, 2005

Residential development subject to a development agreement or CEA designated as a capacity commitment agreement by school board

Any residential development with a vested rights certificate for purposes of school concurrency

DRIs with an application filed prior to May 1, 2005 or with a Development Order prior to July 1, 2005

Residential development subject to a development agreement or CEA designated as a capacity commitment agreement by school board

Any residential development with a vested rights certificate for purposes of school concurrency


Background

CPP Amendments


Requested Actions

Background

CPP Amendments


Requested Actions

Requested Actions

1) Adopt an ordinance amending the Public School Facilities Element, Capital Improvements Element, and Intergovernmental Coordination Element of the Comprehensive Policy Plan for the purposes of Implementing School Concurrency.

2) Adopt and execute the Amended Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency, as amended.

1) Adopt an ordinance amending the Public School Facilities Element, Capital Improvements Element, and Intergovernmental Coordination Element of the Comprehensive Policy Plan for the purposes of Implementing School Concurrency.

2) Adopt and execute the Amended Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency, as amended.

Board of County CommissionersBoard of County Commissioners

School ConcurrencySchool ConcurrencyJune 10, 2008June 10, 2008

Adoption Public HearingAdoption Public Hearing

Documents

Board of County Commissioners School Concurrency June 10, 2008 Adoption Public Hearing