DEVELOPER INFORMATION WORKSHOP

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1 DEVELOPER INFORMATION WORKSHOP March 2017

2 Facilities Planning Our Team Julie Salvo, AICP, Senior Administrator Tyrone Smith, AICP, Senior Administrator Jamie Boerger, AICP, LEED AP, Administrator Vitonni Jenkins, Planning Tech Legal Services Laura Kelly, Staff Attorney III and Executive Officer of Real Estate 2

3 Changes since last year s workshop: Planning & Governmental Relations became Facilities Planning Office moved to 6501 Magic Way, Bldg. 200 New attorney assigned to Facilities Planning Implementation of online application process Update to most forms Our Team Impact fee rate, addition of townhome category 3

4 Where We Are Today 2000 Martinez Doctrine 2004 Orange County Charter Amendment 2005 SB 360 Mandatory School Concurrency 2006 Interlocal Agreement (ILA) 2008 Concurrency Implementation & Amended ILA 2011 Amended & Restated ILA 2012 Charter Amendment Reauthorized, approved by 65.9% of voters 4

5 OCPS Facilities Planning: What We Do Residential Development Monitoring Participate at TRG/DRC, P&Z, Public Hearings Conditions of Approvals Collect Mitigation and Prepaid Impact Fees Sign-off on Residential Plats/Letters of Authorization Resource to Local Government Informal Capacity Inquiries and Formal Capacity Determinations Capacity Encumbrance Letters (CEL), Capacity Enhancement Agreements (CEA), Concurrency Mitigation Agreement (CMA), and Amendments and Extensions Entitlements for New Schools Local Government Liaison Impact Fees 5

6 Dual School Review Process Capacity Enhancement Concurrency What? Changing of Land Use Entitlements Prior to Vertical Construction Land Rezoning & Future Land Use Map Amendments Covers New Units Site Plan or Pre-plat (All Post-2008 Residential Projects) All Units in Project When? Early in Development Process Later in Development Process How? Local, Charter Amendment, ILA Optional/ State Statute, ILA Timing? Long Range Short Range Used for Planning Purposes, Incorporated into Background Growth, Does Not Encumber or Reserve Capacity Requires a Capacity Encumbrance and Reservation 6

7 Residential Development Process School Board Review & Decision Capacity Enhancement Concurrency/ Capacity Reservation Developer Prepays Impact Fees, Pays Mitigation & Capital Contribution Future Land Use AND/ OR Zoning Preliminary Site Plan Plat/ Site Plan Building Permit Vertical Construction No capacity issues exist, project passes and does NOT need School Board approval Developer Pays Impact Fees on Units not Subject to Capacity Enhancement 7

8 All Residential Projects Must Obtain Two Formal Capacity Determinations ---and--- Some Residential Projects Will Need a CEA and/or a CMA 8

9 When is a CEA needed? Formal Capacity Determination Increasing residential density through a Future Land Use Map (FLUM) amendment or a rezoning of property AND CEA Required when school capacity is not available at any school level, and is not available within the first three years of the Capital Outlay Plan CEAs must be executed before local government can approve a FLUM amendment or rezoning 9

10 When is a CMA needed? Formal Capacity Determination Residential projects applying for site plan or final subdivision approval after 2008 AND CMA Required when neither school capacity nor adjacent capacity is available at any Concurrency Service Area (CSA) level or within the first three years of the Capital Outlay Plan NEW: Projects that possess a CEA may be able to bypass the CMA if the Proportionate Share amount is less than or equal to the Capital Contribution. 10

11 Formal Capacity Determination: Application Requirements Online application - $600 Check Agent authorization on OCPS-form Certificate of Title or Ownership & Encumbrance Report (<90 days old) Certified legal survey GIS shape file matching legal description Tax map with project location, parcels, and parcel IDs Copy of plan submittal to local government Phasing schedule, if applicable, with estimated start/end dates of each phase Proposed Development Profile Provided by local government 11

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15 Local Government Role Local Government signature is required on all Formal Capacity Determination applications to: Establish the number of vested units (Capacity Enhancement) or exemptions from the ILA (Concurrency), and Provide applicable project information (e.g. project #, public hearings dates, case #, etc.) Vested units are determined by local government OCPS does not make vesting determination OCPS does not accept vesting opinions from Applicants OCPS may request documentation from the Applicant and local government to support vesting or exemption claim 15

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17 Capacity Analysis, Review, and Monitoring Application (CARMA) In-house tool used since 2008 to assess capacity conditions, and calculate mitigation and capital contribution payments Tracks concurrency encumbrance and reservation CARMA 2.0 was implemented in October 2016 Online applications Option for online payments of application fees CARMA 3.0 will link to GIS (Not yet in production) 17

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19 Capacity Enhancement Output Sheet 19

20 Capacity Enhancement Calculation Sheet 20

21 Concurrency Output Sheet 21

22 Concurrency Calculation Sheet Project Name and ID# 22

23 Reserved and Encumbered Capacity Tally 23

24 Numbers You Need to Know* Term Current ** Total Cost per Student $27, $20, $34, Net Impact Cost per Student $21, $15, $25, Revenue Credit per Student (Capital Contribution) $5, $5, $9, School Impact Fee SF TH MF $8, $6, $5, $6, $3, $3, $13, $7, $7, Single Family Townhouse Multi-Family Level Rate Level Rate Level Rate Elementary.191 Middle.095 High.131 Total.417 Elementary.162 Middle.076 High.092 Total.329 Elementary.159 Middle.063 High.070 Total.281 * Numbers based on fees in effect on January 1, 2017 ** 2006 Impact Fee Study included indexing 24

25 Cost Data Source: School Impact Fee Study, Tindale- Oliver & Associates, February 5,

26 CEA Capital Contribution Formula # Dwelling Units X Student Generation Rate (by Level)* = Net Development Impact (Students Generated) X Capital Contribution per Student ($5,988) 100 X.191 = 19.1 X $5,988 = $114, X.095 = 9.5 X $5,988 = 56, X.131 = 13.1 X $5,988 = 78, X $5,988 = $249, = Capital Contribution Total Capital Contribution = $ 249, * This example uses the single family student generation rate. Multi-Family & townhomes use a different student generation rate.

27 Proportionate Share Concurrency Formulas Section 19.2 of the Amended & Restated ILA Proportionate Share Mitigation: (Development Impact Available Capacity) X Total Cost Translation: Proportionate Share Mitigation = (# Student Stations Needed Available Capacity) X Cost per Student Station Impact Fee Credit County Ordinance (c) Impact Fee Credit = Equivalent Residential Units for which Proportionate Share is Provided X Impact Fee per Dwelling Unit Net Development Impact = Development Impact Available Capacity ERU = Net Development Impact / Student Generation Rate 27

28 Concurrency Proportionate Share Formula # Dwelling Units X Student Generation Rate (by Level)* = Net Development Impact (Students Generated) X Total Cost ($27,053) = Proportionate Share 100 X.191 = 19.1 X $ 27,053 = $516, X.095 = 9.5 X $ 27,053 = 257, X.131 = 13.1 X $ 27,053 = 354, X $ 27,053 = $1,128, Total Proportionate Share = $ 1,128, *Eligible for Impact Fee Credits 28 * This example uses the single family student generation rate. Multi-Family & townhouses use a different student generation rate.

29 # Dwelling Units X Student Generation Rate (by Level)* = Net Development Impact (Student Generation) X Total Cost ($27,053) = Proportionate Share 100 X.191 = 0.0 X $27,053 = $0 100 X.095 = 9.5 X $27,053 = 257, X.131 = 13.1 X $27,053 = 354, X $27,053 = $611, Impact Fee Credit Net Development Impact Total SGR Total Proportionate Share = $611, Equivalent Residential Units (ERU) Impact Fee / = X = Impact Fee Credit 22.6 /.417 = (54) X $8,784 = $474, Prop Share $ 611, Impact Fee Credit $ - 474, Additional Due $ 137, *Eligible for Impact Fee Credits Additional Impact Fees (46 units) $ 404, * This example uses the single family student generation rate. Multi-Family & townhouses use a different student generation rate.

30 Adjusted FISH (Florida Inventory of School Houses) capacity Updated annually on October 15 th Analysis Tools CEA = Enrollment + Capacity + Future Capacity CMA = Enrollment + Capacity + Future Capacity + Adjacent Capacity Includes new schools, capacity additions, and the first three years of the new capital outlay plan School capacity scheduled to open during the first three (3) years of the CIP considered built Example: School Year (current) Year 1: Year 2: Year 3: Year 4: PASS* *Most of the time 30

31 Analysis Tools Encumbered and reserved capacity adjusts frequently Each new concurrency application encumbers capacity for 6 months minimum One (1) six-month extension is permitted Capacity reservations can last for 3 years, or until project is built Capacity may be reserved or encumbered in an adjacent school Capacity is returned to the bank after construction CEAs do not encumber or reserve capacity Because available capacity can change, it is unreliable to calculate mitigation on your own OCPS will provide you with a detailed calculation spreadsheet Updated capacity and enrollment data available at 31

32 Capacity Determination Letter Capacity Enhancement Approval Must obtain zoning approval within 6 months of receiving letter Must obtain FLUM approval by end of the cycle Denial Must obtain CEA within 6 months of receiving letter, and prior to local government approval of land use/zoning Approval Concurrency Capacity Encumbrance Letter (CEL) approval letter issued CEL establishes schedule for reservation fee payments Denial CEL denial letter issued Must obtain CMA Executed CMA serves as CEL approval (Cities) 32

33 CEA Process APPLICANT Submit Complete Application Receive Approval or Denial Letter Submit Notice to Proceed Review Draft Contract Review Draft Contract Sign Contract and Return to OCPS 2 WEEKS 2 WEEKS 4 WEEKS Conduct Analysis and Send out Approval or Denial Letter SDRC Prepare Draft Contract Legal Review School Board Consent Agenda OCPS 33

34 CMA Process APPLICANT Submit Complete Application Receive Approval or Denial Letter Submit Notice to Proceed Review Draft Contract Review Draft Contract Sign Contract and Return to OCPS 2 WEEKS 2 WEEKS 4 WEEKS Conduct Analysis and Send out Approval or Denial Letter Conduct Analysis and Send out Approval or Denial Letter SDRC Prepare Draft Contract Legal Review School Board Consent Agenda 2-4 WEEKS OCPS Review Draft Contract Board Agenda LOCAL GOVERNMENT 34

35 Typical CEA Conditions Capital Contribution based upon cost per student station Prepayment of school impact fees Payments due prior to recording of final plat (county) or site plan approval (most cities) Land conveyance for school sites value, timing, process Timing restrictions may be used if relief school not available 35

36 Typical CMA Conditions Mitigation based on proportionate share formula Proportionate share eligible for school impact fees credits, but credits will not exceed the value of the school impact fee Payments due in accordance with the fee schedule set forth in the agreement Reservation fee payment schedule included in CMA CEA capital contribution credited toward CMA proportionate share No double payments 36

37 Capacity Solution Options Already Included in CEA/CMA Purchase of real property for construction of additional school facilities that would provide additional capacity Construction of additional permanent student stations in new buildings or through renovation of existing buildings Construction of additional core facilities in new schools or expansion of existing core facilities in existing schools Provision of additional temporary capacity through the lease or purchase of portable facilities until permanent facilities may be constructed Advancing a school included in the most recent Capital Outlay Plan that will provide capacity for the students generated by the Applicant s Development Application Any other actions which will result in provision of the necessary school capacity 37

38 Platting Process County Plats flagged when CEA condition of approval exists OCPS receives plat notifications from Planning OCPS alerts Planning when CEA conditions are satisfied Planning approves plat on behalf of OCPS Concurrency must be met through vesting/exemption, an approval, or a CMA Public Utilities Environmental Protection Planning OCPS Plat Request Development Engineering Zoning Transportation

39 Platting Process Municipalities OCPS receives plat notifications from most municipalities, as well as from TRC/MPB agendas Municipalities require OCPS letter of authorization off before they will approve plats Prepaid Impact Fee Form Prepaid Impact Fee Check Mitigation Assignment (if applicable) Copy of Plat - *Must have in order to reserve capacity* Prepaid impact fees must go through OCPS to avoid delays Concurrency must be met through vesting/ exemption, an approval, or a CMA

40 Expediting OCPS s Plat Sign-off Read your CEA and understand the terms Section 4 describes all payment terms Section 10 addresses termination of the CEA Section 18 of the CEA requires OCPS approval of all assignments Read your CMA and understand the terms Section 4 describes proportionate share Section 9 establishes capacity reservation fee amounts Send a complete prepaid impact fee form and include all requested attachments (copy of proposed plat, assignment of credits, etc.) Impact fee check should be made out to the local government, but sent to OCPS This is especially true for multi-family. If you pay at building permit, we don t know that you ve paid! Submit your prepayment package early sometimes we need a few days to process!

41 Prepaid Impact Fee Form New fillable form Form must accompany all prepaid impact fee payments Exhibit C on standard CEAs 41

42 Prepaid Impact Fee Form Section 3 42

43 Prepaid Impact Fee Form Section 4 43

44 Prepaid Impact Fee Form Checklist 44

45 Capacity Reservation Fee Form (Concurrency, Cities Only) 45

46 Capacity Reservation Form Section 3 46

47 Capacity Reservation Form Section 4 47

48 Consortium Credits and Transfers Lakeview, Village F, Village H, and Southeast New Units also known as Owners Capacity Credits, School Capacity Credits, Credits, or Owner s Units Parties may buy, sell and transfer credits within specified geographical area Mitigation associated with these consortiums has been paid Prepaid impact fees are still due School Concurrency Vested Rights Certificate (SCVRC) Proof of credit ownership required 48

49 Assignments/Transfers of Rights CEA (Section 18) and CMA (Section 17) addresses the assignment/transfer of CEA or CMA rights to a third party purchaser. OCPS must consent to these assignments/transfers before they occur. Facilities Planning is authorized to consent on behalf of the Superintendent. Facilities Planning must possess the full chain of custody before signing off on plats. 49

50 Post-Agreement: Amendments/Extensions Expired CEAs/Sit and Waits New capacity determination required prior to plat, a new CEA and/or CMA may be needed CEL extensions under the ILA 1 additional 6-month extension is permitted Amendments to CEA/CMA Termination date, change in legal description, change in development program CMAs serve as the CEL (Section 7) and CRC (Section 8) for city/town agreements 50

51 Charter Schools Must meet State Requirements for Educational Facilities (SREF) Standards to use toward mitigation or count toward capacity Not included in district-wide capacity because none meet SREF Governing boards of individual charter schools can determine their own capacity 51

52 HB 7029 Controlled Open Enrollment Beginning in the school year, as part of a district s controlled open enrollment process, a parent may enroll their student in any public school, including charter schools, in the state that has not reached capacity. Child may not be subject to a current expulsion or suspension Parent must transport the child District determines capacity Subject to maximum class size Capacity determinations must be current and must be identified on the school district and charter school s websites. Students residing in the district may not be displaced by a student from another district. 52

53 Open Enrollment Capacity Transfer 2017/

54 Online applications and payments Impact Fee Study Update will occur in early 2018 New school openings: 2016 Wedgefield K-8, Millennia Gardens ES, & Bay Lake ES (Now OPEN) 2017 Timber Springs MS, Innovation Park MS, Windermere HS, OCPS Academic Center for Excellence PS-8, Laureate Park ES, Metro West On-Site Relief 2018 Audubon Park K-8 and Kaley/Lake Como K Horizon West Area ES, North of Albert s MS 54

55 2017 School Openings Windermere High School Innovation Park Middle School 55

56 2017 School Openings OCPS Academic Center for Excellence (ACE) PS-8 Laureate Park Elementary School

57 2017 School Openings Timber Springs Middle School Metro West On-Site Relief ES

58 Current CIP 2018 Openings #133-K8-N-6 (Audubon Park) 2019 Openings #37-M-W-4 (Horizon West, North of Albert s site) #25-E-SW-4 (Horizon West, Lakeside Village) #72-E-W-7 (Ocoee, may need to move to a later year)

59 Website Resources Facilities Planning Includes online applications, submittal requirements, data, maps, and the school impact fee study Residential development layer Student Enrollment Includes school zone maps and enrollment summaries Orange County nagement.aspx Includes applications for concurrency, vested rights, and submittal requirements 59

60 Questions 60