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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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Presentation Transcript
board of county commissioners

Board of County Commissioners

School Concurrency

September 21, 2010

Public Hearing

presentation outline
Presentation Outline
  • Purpose
  • Background
  • Concurrency Management Ordinance
  • Vested Rights Ordinance
  • Action Requested
presentation outline1
Presentation Outline
  • Purpose
  • Background
  • Concurrency Management Ordinance
  • Vested Rights Ordinance
  • Action Requested
purpose
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

presentation outline2
Presentation Outline
  • Purpose
  • Background
  • Concurrency Management Ordinance
  • Vested Rights Ordinance
  • Action Requested
background
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
background cont
Concurrency Review ProcessBackground (cont.)

Applications

Submitted

Determination

Letter Issued

Agency

Reviews

Compiled

Reservation

Encumbrance

Approved

background cont1
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
presentation outline3
Presentation Outline
  • Purpose
  • Background
  • Concurrency Management Ordinance
  • Vested Rights Ordinance
  • Action Requested
concurrency management ordinance
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
concurrency management ordinance cont

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)
concurrency management ordinance cont1
Concurrency Management Ordinance (cont.)

Amended Sections

  • Capacity reservation (Sec. 30-599)
  • Proportionate share mitigation (Sec. 30-621)
  • Appeal process (Sec. 30-623)
concurrency management ordinance cont2
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
presentation outline4
Presentation Outline
  • Purpose
  • Background
  • Concurrency Management Ordinance
  • Vested Rights Ordinance
  • Action Requested
vested rights ordinance

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
vested rights ordinance cont
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
vested rights ordinance cont1
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
vested rights ordinance cont2
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
presentation outline5
Presentation Outline
  • Purpose
  • Background
  • Concurrency Management Ordinance
  • Vested Rights Ordinance
  • Action Requested
action requested
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
action requested cont
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

board of county commissioners1

Board of County Commissioners

School Concurrency

September 21, 2010

Public Hearing