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

Presentation Outline  Background  CPP Amendments  Interlocal Agreement  Requested Actions  Background  CPP Amendments  Interlocal Agreement  Requested Actions

Presentation Outline  Background  CPP Amendments  Interlocal Agreement  Requested Actions  Background  CPP Amendments  Interlocal Agreement  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 TIMELINE October 19, 2007LPA Work Session December 18,2007BCC Discussion Item November 15, 2007LPA Transmittal Hearing January 29, 2008BCC Transmittal Hearing May 15, 2008LPA Adoption Hearing June 10, 2008BCC Adoption Hearing August/Sept 2008Effective Date Sept/October 2008LDC Amendments October 19, 2007LPA Work Session December 18,2007BCC Discussion Item November 15, 2007LPA Transmittal Hearing January 29, 2008BCC Transmittal Hearing May 15, 2008LPA Adoption Hearing June 10, 2008BCC Adoption Hearing August/Sept 2008Effective Date Sept/October 2008LDC 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

Presentation Outline  Background  CPP Amendments  Interlocal Agreement  Requested Actions  Background  CPP Amendments  Interlocal Agreement  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  Public School Facilities Element (PSFE)  Capital Improvements Element (CIE)  Intergovernmental Coordination Element (ICE)

Comprehensive Policy Plan Amendments Public School Facilities Element (PSFE) 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 Public School Facilities Element (PSFE) 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

Capital Improvements Element (CIE) 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 Capital Improvements Element (CIE) 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 Comprehensive Policy Plan Amendments

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

Comprehensive Policy Plan Amendments Intergovernmental Coordination Element (ICE) 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 Intergovernmental Coordination Element (ICE) 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

Comprehensive Policy Plan Amendments 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)

Presentation Outline  Background  CPP Amendments  Interlocal Agreement  Requested Actions  Background  CPP Amendments  Interlocal Agreement  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

Interlocal Agreement 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

Interlocal Agreement 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

Interlocal Agreement 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

Interlocal Agreement 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

Presentation Outline  Background  CPP Amendments  Interlocal Agreement  Requested Actions  Background  CPP Amendments  Interlocal Agreement  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 Commissioners School Concurrency June 10, 2008 Adoption Public Hearing