Orange County Public School Siting Ordinance Work Session October 6, 2015

History 1995-Florida Legislature adopted changes to existing statutes establishing a framework for coordination of planning between school boards and local governments School Siting Ordinance was adopted by Orange County 1997-School Facilities Element was adopted as an additional element in the County’s Comprehensive Plan 2

State Law Requirements Interlocal agreement to establish the specific ways of coordinating plans and processes of public schools and surrounding public infrastructure between school districts and local governments. Interlocal must contain information sharing component for planning purposes. Comprehensive plan must include future land use element that clearly identifies land use categories where public schools are an allowable use 3

Current : Land Use Categories in Which Schools are Permitted 4

Proposed : Land Use Categories in Which Schools are Permitted By Right SchoolLocation(zoning district) Elementary, K-8, Middle, and Free-Standing Ninth Grade Centers Urban service area R-1, R-1A, R-1AA, R-1AAA, R-1AAAA, R-2, R-3, RCE, RCE-2, RCE-5, RT, RT-1, RT-2, U-V, UR-3, RLD, P-D, P-O, Cluster, NR Rural settlement R-CE, RCE-Cluster, RCE-2, RCE-5, P-D (School or Residential Use) Rural service area (not in rural settlement) * P-D (School or Residential Use) High School and Ninth Grade Centers Developed in Conjunction with a High School Urban service area R-1, R-1A, R-1AA, R-1AAA, R-1AAAA, R-2, R-3, RCE, RCE-2, RCE-5, RT, RT-1, RT-2, U-V, UR-3, RLD, P-D, Cluster, NR, P-O, C- 1, C-2, C-3, I-1A, I-1/I-5, I-2/I-3, I-4, P-D (School, Residential, Commercial or Industrial Use) Rural settlement **Not available Rural service area (not in rural settlement) * P-D (School, Residential, Commercial or Industrial Use) 5

Proposed : Bus Storage High Schools: No change. May still store up to 75 buses. Middle Schools, Free Standing 9 th Grade Centers & K-8’s: Previously only permitted by special exception. Current proposal would allow up to 30 buses to be stored by right. Elementary Schools: No change. Buses are not permitted to be stored. Bus Depots and Fueling Pumps: Would now be addressed in Siting Ordinance to allow them in expanded industrial zoning categories and additional commercial categories. 6

Questions on

Current : Applicability of School Site Guidelines, Criteria and Standards The following are presumed to meet all requirements for consistency with the comprehensive plan and the School Siting Ordinance: –Schools sites owned prior to October 14, 1996; –Placement of temporary classrooms or portables; and –Renovations on an existing school site unless the primary use is changed and construction increases permanent capacity by an amount that exceeds 5% of the highest enrollment during the 10 years prior to renovation. 8

Proposed : Applicability of School Site Guidelines, Criteria and Standards Would now include a “grandfathering” provision for sites currently owned by OCPS that are located in rural settlements but ONLY for elementary school sites and middle school sites. No high schools in rural settlements. For renovations on existing school sites, OCPS staff would recommend no caps, including current 5%, on presumption of consistency with comprehensive plan and public school siting regulations. 9

Questions on

Definitions of Guidelines, Criteria and Standards Guidelines are not mandatory but are considered when waivers to criteria and standards are necessary. Criteria relate to conditions on a site or impacting a site and shall apply to school sites unless a request is made for review and approval by the BCC. Standards relate to design and layout of facilities and improvements and apply to all school sites unless the BCC approves the site with modifications. No changes are being recommended by staff to the definitions. 11

Current : School Site Guidelines Dictate where and to what proximity elementary, middle, free- standing 9 th grade centers and high schools can be located in regards to residential neighborhoods, road types and high voltage transmission lines. –Includes a provision that states schools should be located in areas that minimize home-to-school travel distances 12

Proposed : School Site Guidelines Addition of provision stating schools should be located where adequate public facilities and infrastructure exist or are scheduled to exist prior to opening of school. Addition of provision stating where practical, if there is pedestrian access from a residential neighborhood to a school site, OCPS should provide cross connectivity to promote walkable neighborhoods. 13

Questions on

Current : School Site Criteria Prohibits schools sites from being acquired in the following locations: –Within 100 feet of gas transmission lines unless areas are fenced and separated from the campus and buildings. –Adjacent to water and waste water treatment plants. –Within ¼ mile of active landfills. –Within the 100 year flood plain unless compensating storage is provided on site. –On roads identified as hazardous for pedestrian access (determined by County engineer and can’t deny reasonable access). –Where the School Board determines that high capacity telephone/fiber optics lines would interfere with school construction. –Adjacent or in the vicinity of non-residential property with noise exceeding 60 decibels. 15

Proposed : School Site Location Criteria Provision stating that elementary schools will be located on local streets or on collector streets situated entirely within residential neighborhoods and as close as practical to planned or existing residential neighborhoods would now be a criteria rather than a guideline. Eliminates restriction to school sites being adjacent to water treatment plants. Adds provision stating school sites may not be located within ¼ mile of hazardous waste facilities. 16

Proposed : School Site Location Criteria Eliminates restriction allowing schools to be located on sites with high capacity telephone/fiber optics lines. Adds provision restricting school sites from being adjacent to hazardous industrial uses or industrial uses that may create hazardous risks or conditions, such as chemical plants. Adds provision restricting school sites from being within 1500 feet of an adult entertainment establishment. 17

Questions on

Current : Site Standards Sites standards in the current School Siting Ordinance include: –Minimum acreage sizes for each category of schools – 15 acres (ES), 25 acres (MS), 20 acres (Ninth Grade) and 65 acres (HS). No reference to K-8. Some deductions allowed. –Maximum building heights for each category of schools (35 feet and 50 feet). –Building setbacks based on zoning districts. –Driveways and parking areas based on zoning districts. –Access requirements provided. –Landscape buffers based on development standards. 19

Proposed : Site Standards Proposed sites standards by OCPS staff to include: –Minimum acreage sizes for each category of schools decreased to 10 acres (ES/K-8), 15 acres (MS/Ninth Grade) and 45 acres (HS). No deductions allowed. Additional acreage may be required. –Maximum building heights for each category of schools (40 feet and 60 feet). –Building setbacks based on the Florida Building Code. –Driveways and parking areas based on applicable state standards including standard for sufficient parking spaces. 20

Proposed : Site Standards Proposed sites standards by OCPS staff to include: –Traffic study to be required per Florida Statutes. School Board to pay for traffic signals and lanes at the entrance to the school. County to consider paying for additional signals. –Landscape buffers added to ancillary facilities but if County imposes additional landscaping requirements costs to be paid by the County or a third party. –Codify statutory provisions limiting the construction of educational facilities within 5 miles of a direct line from a publicly used airport runway. 21

Proposed : Site Standards Proposed sites standards by OCPS staff to include: –Create a standard for outdoor lighting. –Create a standard to address mitigation for minor environmental impacts. –Exempt OCPS from tree mitigation requirements in the Orange County Code. 22

Questions on

Current : Joint Development of Schools, Parks and Related Uses Encourages School Board and County to promote and support community development through joint development of property adjoining proposed school sites for parks, recreation and appropriate related facilities such as libraries and children’s services. No changes currently proposed to this section. 24

Questions on

Current : Coordination of Planning Encourages joint planning of neighborhoods and communities served by existing and proposed neighborhood schools between School Board and County. Encourages data sharing between School Board and County on issues such as bikeways/pedestrian plans, parks, etc. for property future planning. Delineates committees at School Board and County where joint staff participation is required (i.e. Advance Planning, Development Review Committee) 26

Proposed : Coordination of Planning Clarifies role of OCPS and County staff in joint staff participation committees (i.e. Advance Planning, Development Review Committee). Eliminates specific reporting requirements and deadlines for such reports and instead imposes continuous communication requirements between OCPS and County staff. 27

Questions on

Current : Review of Public School Sites Contains requirements and process for School Board to submit and County to review and reply to consistency determination requests. –Mechanism to ensure that School Board is purchasing school sites that comply with Comprehensive Plan and School Siting Ordinance. –Two phases: (1) prior to purchase of site and (2) prior to commencement of school construction. –Discusses waivers to School Siting Ordinance and imposition of reasonable conditions of approval to mitigate off site impacts of proposed school. 29

Proposed : Review of Public School Sites OCPS staff has recommended substantially modifying the current school site review process and in its place OCPS staff is proposing the use of a special magistrate or hearing officer system modeled after Hillsborough County. 1.Pre-Submittal Conference (to occur at least 15 days, but not more than 120 days prior to Pre-Acquisition Notice) - Purpose is for staff from both OCPS and County to review proposed site and identify any issues with proposed site. 30

Proposed : Review of Public School Sites 2.Pre-Acquisition Notice - At least 60 days prior to acquiring or leasing property, OCPS to send notice to County requesting a consistency determination with the comprehensive plan and public school siting regulations. a.Planning and Zoning to determine consistency of site with Comprehensive Plan; and b.County Planning Division Manager to determine consistency of site with public school siting regulations. 31

Proposed : Review of Public School Sites 3.Both determinations to be completed within 45 days of submittal and shall be forwarded to County Administrator. 4.County Administrator to contact land use hearing officer and schedule a public hearing with the hearing officer so that hearing officer may take public comment and consider recommendations of P&Z and Planning Division Manager. Hearing to be scheduled within TBD days after consistency determinations from P&Z and Planning Division Manager have been received by County Administrator. Public hearing to be advertised per legal requirements. 32

Proposed : Review of Public School Sites 5.Hearing Officer to issue Findings of Fact and Conclusions of Law within TBD days after the public hearing. Hearing officer may also impose reasonable conditions per , Florida Statutes. Hearing officer’s determinations to be submitted to County and OCPS. 6.Within TBD days of receipt of the hearing officer’s determination, OCPS to hold a legally advertised public hearing to consider whether to accept or reject the determination. 7.Within TBD days from date of the hearing officer’s determination, either OCPS or any aggrieved party may appeal the determination to the BCC. 33

Proposed : Review of Public School Sites 8.If either OCPS or an aggrieved party appeals the hearing officer’s determination, the BCC shall conduct its review of the hearing officer’s decision within 45 days of receipt of the Notice of Appeal. 9.The BCC may also invoke its right to review the hearing officer’s determination by filing a Notice of Review with OCPS within TBD days from the date of the determination. In the event the BCC chooses to review the hearing officer’s determination, the BCC shall conduct such review within 45 days of filing the Notice of Review. 34

Proposed : Review of Public School Sites Development Plan Approval 1.OCPS to submit a Development Plan at least 90 days prior to construction of a new school to the County Administrator. 2.Within 45 days of submittal of the Development Plan by OCPS, County shall certify to OCPS, in writing, whether proposed Development Plan meets the requirements of the hearing officer’s determinations. 35

Questions on

Current : Neighborhood Meeting Requirement Prior to submitting consistency review, School Board must conduct community meeting and provide County notice and evidence of the meeting. Notice of the meeting must be provided to homeowners within 300 feet of the school and must be published in a newspaper of general circulation. 37

Proposed : Neighborhood Meeting Requirement Expanded to add Mayor and Board of County Commissioners to list of notified parties. Codifies current practice to notify property owners within 1500 feet of the proposed site rather than 300 feet. Eliminates requirement to advertise meeting in the newspaper and instead adds option for OCPS to advertise the meeting on its website. 38

Questions on

Current : Reservation of School Sites Reserved school sites must meet the requirements of the school siting ordinance, including the acreage requirements. 40

Proposed : Reservation of School Sites Codifies OCPS’ current real estate standards and requirements for clear title on all conveyances of school sites that are donated or reserved. 41

Questions on

Create : Schools (Charter) Section , Florida Statutes states: “Beginning July 1, 2011, a local governing authority must treat charter schools equitably in comparison to similar requirements, restrictions, and processes imposed upon public schools that are not charter schools.” OCPS staff recommends that a new provision be added to the school siting ordinance, , which would provide that schools (charter) as defined in 38-1 shall be subject to the same requirements as public schools and that the public school siting ordinance shall apply for the development of any new or future charter schools. 43

Questions on

Next Steps School Board and County Staff will continue to coordinate joint meetings to finalize proposed changes and present them to boards in work sessions for further direction. Some modifications to the School Siting Ordinance will require comprehensive plan amendments and State review/approval. Staff is jointly working on these changes for future submittal. Once proposed modifications have been finalized, School Board must adopt resolution confirming it has no objections to proposed changes and County will conduct necessary public hearings to adopt the same 45

46 Superintendent’s Comments School Board’s Questions and Discussion