§ 30-563. Same—Public schools.

A concurrency evaluation for public school facilities is required prior to the issuance of a capacity encumbrance letter. The public school LOS standards shall apply to this concurrency evaluation for public school facilities.

If the impacts to the school concurrency service area which would be generated by the proposed residential development, plus impacts generated by existing, permitted, encumbered, and reserved development (and where data is available, vested development) would cause the adopted LOS within the affected school concurrency service area to be exceeded, then the requested capacity encumbrance letter shall be denied.

(a)

Application requirements. Any applicant seeking approval for a preliminary subdivision plan ("PSP") or a multifamily commercial site plan that is not exempt under section 30-374, shall submit to the county a school concurrency determination application which shall contain a development analysis.

(b)

Development analysis content. The development analysis shall include:

(1)

Location of the residential development, including applicable tax parcel identification numbers.

(2)

Number of residential units and unit types.

(3)

Phasing schedule (if applicable).

(4)

Map showing, as applicable, existing and proposed zoning classifications and existing and proposed future land use categories for areas subject to and adjacent to the parcel for which the concurrency approval is sought.

(5)

Any existing request by the county or the school board for a school site within the parcel.

(6)

If the application proposes a school site, the development analysis must include the estimated date of availability to the school board and the provider(s) for on-site and off-site infrastructure and whether the proposed school site satisfies the school site selection criteria set forth in article XVIII, chapter 38 of this Code; and

(7)

If the applicant has previously executed a capacity enhancement agreement, a copy of the agreement must be included in development analysis and the development analysis must indicate whether the residential development will exceed the capacity provided for in the capacity enhancement agreement.

(c)

Review and evaluation. The county will review the school concurrency determination application for completeness, and forward the complete development analysis to the school board for review.

(1)

The county may charge applicant a nonrefundable application fee.

(2)

The school board may require additional information from the applicant.

(3)

Within fifteen (15) days of the receipt of the development analysis, the school board shall determine if there is available school capacity for each school type in the affected school concurrency service area to accommodate the impacts of the residential development, and shall issue a written preliminary school concurrency recommendation to the county consistent with section 18.6 of the interlocal agreement.

(4)

In the event that the school board finds there is insufficient available school capacity for the school concurrency service area in which the proposed residential development is located, and, where applicable, in an adjacent school concurrency service area, to accommodate the residential development pursuant to section 18.6 of the interlocal agreement, the school board shall so state in its preliminary school concurrency recommendation (preliminary recommendation). The school board shall offer the applicant the opportunity to enter a sixty-day period to negotiate a proportionate share mitigation agreement. Based on the school board preliminary recommendation of insufficient capacity, the county shall issue a capacity encumbrance denial letter. If mitigation is agreed upon, the school board shall enter into an enforceable and binding proportionate share mitigation agreement with the county and the applicant and the county may issue a capacity encumbrance letter pursuant to the terms thereof.

(5)

If the school board finds that there is sufficient available school capacity within the applicable school concurrency service area, the school board shall issue the preliminary recommendation so stating. The county may treat the preliminary recommendation as a final school concurrency recommendation and in reliance thereon, issue a capacity encumbrance letter.

(Ord. No. 2010-11 , § 2, 9-21-10; Ord. No. 2013-13 , § 2, 5-21-13)