POLK COUNTY DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
DRC Date: October 23, 2014
Level of Review: 4
PC Date:
Type: Large Scale Text Amendment (CPA)
January 7, 2014
BoCC Date: February 3, 2015
April 7, 2015
Applicant: Polk County Long Range
Planning Division
Case Numbers: CPA 15B-05/DMS 57446
LDC 15T-01/DMS 57447
Case Name: School Concurrency
Case Planner: Chanda E. Bennett, Comprehensive
Planning Administrator
Amend appropriate sections and policies of the Public School
Facilities Element and Chapters 3 and Chapter 7 of the Land
Development Code to be consistent with the recent changes
to the County’s Interlocal Agreement with the Polk County
School Board regarding concurrency, changing the reference
to the School Board’s Five Year Program of Work.
Request:
Location, Property Owner, Parcel
N/A
Overlay Areas:
N/A
DRC Recommendation:
Planning Commission Vote:
Public Comment:
All Polk County Cities have the same Interlocal agreement
with the School Board.
Approval
Approval 6/0
No public comments
*DEO Objections:
Pending Transmittal (*Department of Economic Opportunity)
Nearest Municipalities:
Summary: The Polk County Board of County Commissioners, Polk municipalities (with the
exception of Highland Park and Hillcrest Heights) and the Polk County School Board have
executed and maintained an Interlocal Agreement for School Facility Planning since 2002. This
agreement was amended in 2008 to implement school concurrency. The Planners Working Group
(local government planners and School Board staff) has prepared some draft revision based on
changes to state law and other formatting updates. The proposed changes to the Comprehensive
Plan and Land Development Code are as follows:
•
•
•
Wording changes to improve clarity;
Elimination of tiered level of service standard to reflect the conclusion of a phase-in period
(starting in 2008) to a standard of 100% Florida Inventory of School Houses capacity
(FISH);
Remove prohibition that relocatable facilities (portables) cannot be counted towards
permanent capacity as state law was revised to allow schools to count these facilities if they
were purchased after 1998 and meet the standards for long-term use.
Board Transmittal Hearing Staff Report
Level 4/CEB 1/15/2015 4:51 PM
CPA 15B-05/LDC 15T-01
Page 1 of 6
February 3, 2015
Interlocal Agreement
The changes to the Comprehensive Plan and Land Development Code are based on the changes in
the Interlocal Agreement which is attached under a separate cover. The Interlocal Agreement
contains the following sections:
1. Guiding Principles – Relates to the provision of school facilities including quality of
education, planning and location of schools, co- location of facilities and infrastructure.
Some illustrative examples included:
• Planning and Location of Schools – New schools should be located to take advantage
of existing and planned infrastructure including transportation, water, sewer and
parks. (page 6)
•
Infrastructure – Traffic circulation plans should be encouraged and developed to
provide safe motorized and non-motorized access to schools. (page 8)
2. Coordinated Land Use and School Planning – Contains procedures for sharing information
on the location and capacity of schools for existing and projected student enrollment. This
allows local government to address public schools as part of the comprehensive planning
and land development process.
3. Capital Investments - Outlines the process for school site selection and the evaluation of
candidate sites. The agreement includes 21 issues or factors in the siting of new public
schools including:
i. Site acquisition and development cost including estimated cost of infrastructure
improvements and potential funding sources; and
j. Safe access to and from the school site by pedestrians, bicyclists, vehicles and
public transportation. (page 13)
The agreement also includes a process to determine on-site and off-site improvements to
support a new school or the renovation or expansion of an existing school. (page 18)
4. Concurrency Management System – Establishes level of service standards and process for
school concurrency for elementary, middle and high schools (applies only to residential
development). It also specifically documents the types of residential projects exempt from
school concurrency review, e.g., single family platted lots. The school concurrency
process is flexible by using adjacency. Under this concept, a proposed residential project
can rely on school capacity available in a contiguous school attendance zone to meet
concurrency (if a school in the subject school attendance zone is over capacity).
State Law
The purpose of Comprehensive Plan and Land Development Code changes are for school
concurrency based on the recent amendment in state law and the interlocal as:
•
change in statutory reference to school concurrency to reflect the local government option to
implement school concurrency (formerly a requirement):
WHEREAS, the School Board, is entering into this Agreement in reliance on the
obligation of the County and Cities to and their mutual desire to adopt and continue
Board Transmittal Hearing Staff Report
Level 4/CEB 1/15/2015 4:51 PM
CPA 15B-05/LDC 15T-01
Page 2 of 6
February 3, 2015
the amendments to their local comprehensive plans to impose implementing School
Concurrency as provided in Section 163.3180(13)163.3180(6), Florida Statutes;
•
recognition of Section 163.3180(6)(e), F.S. – relocatable facilities (portables) purchased
after 1998 and meeting the standards for long-term use are counted towards “concurrency
capacity” for schools; and
•
elimination of the Tiered Level of Service Standard in Appendix “H” to reflect the
conclusion of a five year phase-in period (A tiered standard was adopted in 2008 to
allow five years for the transition to a standard of 100% Florida Inventory of School
Houses or FISH capacity.).
Snapshot of School Capacity
During the update to the Interlocal Agreement, staff gathered school concurrency information and
found the following as of spring of 2014:
Concurrency Utilization = Student Enrollment / Concurrency Capacity
Type
Total
Number
Elementary
59
Middle
22
High
14
*Source: Polk County School Board
Concurrency Utilization*
> 90% - 99%
10
4
3
> 100%
4
0
0
Average for all Schools
83%
79%
78%
Unincorporated Polk County:
Estimated Number of Vested Residential Lots (exempt from School Concurrency)
6,459 Vacant Platted Lots
3,873 Current Approved Lots
Notes:
1.
“Vacant Platted Lots” represents lots platted since 2000. This number does not include platted
lots in historic developments such as Poinciana or Indian Lake Estates.
2.
“Current Approved Lots” includes projects with approved construction plans that have not been
platted.
Board Transmittal Hearing Staff Report
Level 4/CEB 1/15/2015 4:51 PM
CPA 15B-05/LDC 15T-01
Page 3 of 6
February 3, 2015
Findings of Fact
•
The Polk County School Board (Board) and the Board of County Commissioners (BoCC)
entered into an Interlocal Agreement in 2002. In March 2014, the BoCC approved an
amendment to the Interlocal Agreement.
•
The Public School Element was incorporated into the Comprehensive Plan in 2007 and into
Chapter 7 of the Land Development Code in 2008.
•
The Florida Legislature amended state law in 2010 to require a Public School Element as
optional.
•
The Interlocal Agreement was amended in March 2014 to amend the reference to the
requirement for school concurrency, use of portables, amend the tiered level of service as
100% rather than over as has been the requirement since 2007.
•
The amendment to the Interlocal Agreement also confirmed the Board’s and the BoCC’s
mutual desire to ensure school capacity.
•
Since its adoption in 2007, a project has not been denied approval due to School
Concurrency.
Development Review Committee Recommendation:
The Development Review Committee, based upon the findings of fact, finds that the proposed
request IS CONSISTENT with the Polk County Comprehensive Plan, Land Development Code
and Florida Statutes and recommends APPROVAL of CPA 15B-05 and LDC 15T-01.
Planning Commission Recommendation: On January 7, 2015, in an advertised public hearing, the
Planning Commission voted 6:0 to APPROVE CPA 15B-05.
NOTE: This staff report was prepared without the benefit of testimony and evidence submitted by
the public and other interested parties at a public hearing.
Consistency with the Polk Vision:
The Long-Term Vision includes having a world class, fully integrated education system that
supports the needs of a vibrant progressive community. This amendment ensures development
occurs with the appropriate capacity in the school system. Therefore, this amendment continues in
that path.
Comments from Other Agencies:
Polk County School Board staff have reviewed the changes to the Comprehensive Plan and Land
Development Code and have offered no objections.
Exhibits:
Exhibit 1 – Amended Interlocal Agreement as approved by the Board in March 2014.
Board Transmittal Hearing Staff Report
Level 4/CEB 1/15/2015 4:51 PM
CPA 15B-05/LDC 15T-01
Page 4 of 6
February 3, 2015
Draft Ordinance: under separate attachment
Board Transmittal Hearing Staff Report
Level 4/CEB 1/15/2015 4:51 PM
CPA 15B-05/LDC 15T-01
Page 5 of 6
February 3, 2015
Exhibit 1
Interlocal Agreement
Board Transmittal Hearing Staff Report
Level 4/CEB 1/15/2015 4:51 PM
CPA 15B-05/LDC 15T-01
Page 6 of 6
February 3, 2015