1. Board of County Commissioners
School Concurrency
September 21, 2010
Public Hearing
Work Session Workforce Housing Pilot Program - 08/20/09

2. Presentation Outline Purpose Background
9/5/2019
Presentation Outline
Purpose
Background
Concurrency Management Ordinance
Vested Rights Ordinance
Action Requested

3. Presentation Outline Purpose Background
9/5/2019
Presentation Outline
Purpose
Background
Concurrency Management Ordinance
Vested Rights Ordinance
Action Requested

4. Purpose To incorporate School Concurrency into
9/5/2019
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

5. Presentation Outline Purpose Background
9/5/2019
Presentation Outline
Purpose
Background
Concurrency Management Ordinance
Vested Rights Ordinance
Action Requested

6. Background Concurrency
9/5/2019
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

7. Concurrency Review Process
9/5/2019
Background (cont.)
Concurrency Review Process
Applications
Submitted
Agency
Reviews
Compiled
Determination
Letter Issued
Encumbrance
Reservation
This is a diagram of how the process currently works in the county.
Approved

8. Background (cont.) Senate Bill 360 (2005)
9/5/2019
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

9. Presentation Outline Purpose Background
9/5/2019
Presentation Outline
Purpose
Background
Concurrency Management Ordinance
Vested Rights Ordinance
Action Requested

10. Concurrency Management Ordinance
9/5/2019
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 F.S.
Amended to include public schools as a concurrency-related public facility
Application process modeled after existing Transportation Concurrency system

11. Concurrency Management Ordinance (cont.)
9/5/2019
Concurrency Management Ordinance (cont.)
Amended Sections
Definitions (Sec )
School Concurrency application and evaluation procedures (Sec )
Capacity encumbrance (Sec )
CONCURRENCY

12. Concurrency Management Ordinance (cont.)
9/5/2019
Concurrency Management Ordinance (cont.)
Amended Sections
Capacity reservation (Sec )
Proportionate share mitigation (Sec )
Appeal process (Sec )

13. Concurrency Management Ordinance (cont.)
9/5/2019
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

14. Presentation Outline Purpose Background
9/5/2019
Presentation Outline
Purpose
Background
Concurrency Management Ordinance
Vested Rights Ordinance
Action Requested

15. Vested Rights Ordinance
9/5/2019
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
CONCURRENCY

16. Vested Rights Ordinance (cont.)
9/5/2019
Vested Rights Ordinance (cont.)
Amended Sections
Section Exemptions
Contains the list of exemptions outlined in Sec of the Interlocal Agreement
Separate process for granting exemptions and vested rights from School Concurrency
Section 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

17. Vested Rights Ordinance (cont.)
9/5/2019
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

18. Vested Rights Ordinance (cont.)
9/5/2019
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

19. Presentation Outline Purpose Background
9/5/2019
Presentation Outline
Purpose
Background
Concurrency Management Ordinance
Vested Rights Ordinance
Action Requested

20. Action Requested LPA Action On August 19, 2010, the Local Planning
9/5/2019
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

21. Action Requested (cont.)
9/5/2019
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
Including changes made at the Public Hearing

22. Board of County Commissioners
School Concurrency
September 21, 2010
Public Hearing
Work Session Workforce Housing Pilot Program - 08/20/09