Interoffice Memorandum
DATE: October 2, 2025
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: Tanya Wilson, AICP, Director
FROM: Franklin Santos, Manager, Fiscal and Operational Support Division
CONTACT: Matthew Pritchett, Assistant County Attorney
PHONE: (407) 836-5928
DIVISION: Fiscal and Operational Support Division
ACTION REQUESTED:
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Approval and execution of School Concurrency Mitigation Agreement OC-25-004 Project Name: Hartzog Road Attainable Housing Community Parcel ID#: 08-24-27-0000-00-010, 08-24-27-0000-10-000, 08-24-27-0000-00-036, 08-24-27-0000-00-038 by The School Board of Orange County, Florida; Orange County, Florida; Walt Disney Parks and Resorts U.S., Inc.; and ARDC-OCALA 201, LLC. District 1. (Fiscal and Operational Support Division)
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PROJECT: School Concurrency Mitigation Agreement OC-25-004 Project Name: Hartzog Road Attainable Housing Community (Parcel ID #: 08-24-27-0000-00-010, 08-24-27-0000-10-000, 08-24-27-0000-00-036, 08-24-27-0000-00-038)
PURPOSE: On September 16, 2008, the Board amended Chapter 30, Orange County Code (“Code”), to include the legislative requirements of school concurrency. The provisions in the Code are based on statutory requirements and on the terms of the First Amended and Restated Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency entered into by the County, The School Board of Orange County (“School Board”) and municipalities within the County (June 10, 2008, as amended from time to time, “Interlocal Agreement”). Section 30-622 of the Code requires applicants to submit proposed school proportionate share mitigation agreements to the Concurrency Management Official, following negotiation with the School Board and the County Attorney’s Office, for review and recommendation to the Board. The subject School Concurrency Mitigation Agreement (“Mitigation Agreement”) is entered into by the School Board, the County, Walt Disney Parks and Resorts U.S., Inc., and ARDC-OCALA 201, LLC. The project consists of the development of 1410 multifamily residential units on the property (the “Project”). The Mitigation Agreement is necessary because the Project affects Water Spring Middle School and Horizon High School which currently operates below the adopted level of service standard. Pursuant to Section 30-622 of the Code, if there is insufficient available school capacity within a Concurrency Service Area to meet the demand created by the proposed residential development, and the applicant and the School Board have agreed upon mitigation to satisfy the school concurrency requirements for the proposed residential development, then the applicant, School Board, and County must memorialize the terms of the mitigation in an agreement. In accordance with the formula set forth in Section 30-622(4)(b)9 of the Code, the School Board has calculated the proportionate share mitigation payment to be $5,671,560. Pursuant to Section 163.3180, Florida Statutes, the applicant is entitled to impact fee credits on a dollar-for-dollar basis for any proportionate share mitigation paid for the same need. Therefore, the School Board has included provisions in the Mitigation Agreement allowing for a School Impact Fee credit account. This Agreement also requires payment of Capacity Reservation Fees prior to issuance of building permits for this project.
BUDGET: N/A