§ 38-1758. Review of public school sites.

(a)

The school board shall provide written notice to the county's planning division manager at least sixty (60) days prior to acquiring or leasing property that may be used for a new public school. To be considered sufficient for review, the notice shall include the type of school being proposed and the property appraiser's parcel identification number. The planning division manager, upon receipt of this notice, shall notify the school board within thirty (30) days whether the planning division manager finds the site proposed for acquisition or lease is consistent with the land use categories and policies of the county's comprehensive plan, and such notice. Such notice shall serve as the county's preliminary notice under F.S. § 1013.33(5). In the event the planning division manager determines the proposed school is inconsistent with the comprehensive plan or applicable portions of the land development code, the notice shall include recommended action to resolve the inconsistency. A determination under this subsection may be appealed within thirty (30) days to the DRC, and the DRC's decision may be appealed within thirty (30) days to the board of county commissioners. Prior to DRC review, the school board shall comply with the neighborhood meeting requirement in section 38-1759.

(b)

As early in the design phase as feasible, but not later than ninety (90) days before commencing construction, the school board shall in writing request from the board of county commissioners a determination of consistency with the comprehensive plan and land development regulations. See F.S. §§ 1013.33(6) and 163.3194, and Attorney General Opinion 2004-42. The school board may, at its option, request a determination of consistency with the comprehensive plan separately or concurrently with review of plans for consistency with land development regulations. To be considered sufficient for review, the school board shall submit with its request a location map depicting the proposed school site, the property appraiser's parcel identification number, and evidence that a neighborhood meeting has taken place pursuant to section 38-1759. In addition, for a consistency determination with the land development regulations, the school board shall submit a detailed site plan. The determination of consistency with the comprehensive plan and land development regulations shall be provided in writing by the board of county commissioners within ninety (90) days after receiving both the necessary information, as determined by the planning division manager to be sufficient for review, and the request for consistency determination from the school board. Except as may be otherwise required for a comprehensive plan amendment, the submission of an application by the school board requesting a future land use map amendment, zoning change, planned development approval, special exception, variance, waiver, or development plan approval shall be deemed a request for a determination of consistency in accordance with this subsection, and the planning and zoning commission, the board of zoning adjustment, and the board of county commissioners, as applicable, shall conduct a public hearing approving or denying the school board's application within one hundred and twenty (120) days of receipt of a sufficient application, unless a continuance is requested or accepted by OCPS.

(c)

Any request by the school board to modify the school site location criteria and site standards identified in sections 38-1754 and 38-1755 shall be reviewed and may be approved by the board of county commissioners at a public hearing. The board of county commissioners shall have the right to impose reasonable additional conditions of approval to mitigate the off-site impacts and effects on adjacent property owners directly and proportionately arising from the proposed modification to the adopted site criteria and standards.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06 , § 1, 4-25-17)