Loading...
HomeMy WebLinkAbout2018 08 13 Public Hearings 400 Conditional Use for Reach Beyond/Temple IsraelCOMMISSION AGENDA ITEM 400 REQUEST: Informational Consent Public Hearings X Regular August 13, 2018 KS BF Regular Meeting City Manager Department The Community Development Department requests that the City Commission hold a Public Hearing for consideration of a Conditional Use request for a proposed 40 -student remedial education private school (K-12) to be operated within the Temple Israel Synagogue, located at 50 South Moss Road. SYNOPSIS: The "Reach Beyond Academy" is a proposed remedial education private school to be located at 50 South Moss Road, the site of the Temple Israel Synagogue. City Commission approval of a conditional use is required to operate a school at this location. The school has an initial expected enrollment of 28 students in grades K-12 and a maximum total student capacity of 40. The proposed school will be operated entirely within the existing synagogue building. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: . Applicant: Reach Beyond Academy, LLC, 2355 Kelbrook Court, Oviedo, FL 32765 . Property owner's name(s): Temple Israel of Winter Springs . Property addresses: 50 South Moss Road . Property Parcel ID number: 03-21-30-504-0000-0010 Public Hearings 400 PAGE 1 OF 7 - August 13, 2018 . Current FLUM Designations: Medium Density Residential . Current Zoning Designations: R-3 (Multiple Family Dwelling) . Previously Approved Development permits such as conditional use, waiver, or variance (if any): Conditional use for adult daycare approved by City Commission 10/13/14. . Development Agreements (if any): No known development agreements . Pending Code Enforcement Actions (if any): No pending Code Enforcement Actions . City Liens if any): No known City liens. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS . Florida Statutes 163.2511-163.3246: (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). . Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. . Winter Springs Charter Article IV. Governing Body. • Section 4.06. General powers and duties. . Section 4.15. Ordinances in General. . Winter Springs Code of Ordinances, Chapter 20, Section 20-208 (a). Conditional Uses R-3 (Multiple Family Dwelling) zoning district . Winter Springs Code of Ordinances, Chapter 20, Section 20-421 Public, Private and Charter School and daycare center siting criteria. DISCUSSION: The existing Temple Israel Synagogue at 50 South Moss Road is zoned R-3 - Multiple Family Dwelling. Schools of any kind are a Conditional Use in the R-3 zoning district and require City Commission approval. The applicant, "Reach Beyond Academy," is seeking approval of a Conditional Use to operate a remedial education private school at the synagogue. The school has an initial expected enrollment of up to 28 students in grades K-12, and the school will have a maximum total student capacity of 40. The proposed school will be operated entirely within the existing synagogue building. The school has a target student -instructor ratio of 8:1 and will have an expected total staff of six. Reach Beyond Academy promotes itself as "a modern, private, school for unique students with specific learning disabilities or mild intellectual disabilities." Their mission is "to enable children with specific learning disabilities or mild intellectual disabilities to achieve their full potential through a comprehensive approach to learning that combines direct instruction, remediation, evidence -based practices, and modern technology." Pursuant to Section 20-33(d) of the City Code, all conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: 1. Whether the applicant has demonstrated the conditional use, including its proposed Public Hearings 400 PAGE 2 OF 7 - August 13, 2018 scale and intensity, traffic -generated characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. The proposed school at its full capacity of 40 students is estimated to generate approximately 100 daily trips, based on ITE standards, which is not a significant traffic impact. For reference, the traffic volume on SR 434 near this location is 23,000 vehicles per day, based on FDOT's 2017 traffic counts. The proposed use is compatible and harmonious with the surrounding area and will not adversely impact land use activities in the immediate vicinity. No activities are planned that might produce noises or sounds that could adversely impact nearby residential areas in the evenings. 2. Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. According to the Seminole County Property Appraiser, the existing building has been located on the property since 1974. Access and internal circulation are sufficient enough to accommodate religious services at times when they are held. The school will operate Monday through Friday and will not be operating during times that religious services are ongoing. The site has sufficient space for student dropoff and pickup, and for daily employee parking. 3. Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. The existing synagogue where the private school is proposed is tax exempt, as it is a religious use. According to the Seminole County Property Appraiser's Office, the portion of the synagogue used for the private school may become taxable if it is leased to the school and the area used for the school is no longer available for the synagogue's use. 4. Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. The school is proposed in an existing building that is used as a synagogue. Therefore, no adverse impacts on the natural environment are anticipated. 5. Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. The use is proposed within an existing building that is used as a synagogue. Therefore, no adverse impacts on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources are Public Hearings 400 PAGE 3 OF 7 - August 13, 2018 anticipated. 6. Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. The proposed school is small, with a maximum student capacity of 40, and will therefore have a minimal impact on public services. The school will be in an existing building that is currently serviced by City water and sewer. 7. Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. The Conditional Use being requested is for a school to be operated within an existing synagogue. No adverse impacts are anticipated on nearby housing and social conditions. Additionally, Section 20-421 establishes 14 criteria which must be satisfied prior to the City Commission approving a Conditional Use for a school or daycare center. All schools and daycare centers must be deemed compatible with surrounding land uses by the City before any development permit may be issued for a new school or daycare center or the expansion of an existing school or daycare center. The 14 criteria are as follows: 1. The location of the school must serve as a focal point for the community and shall not have an adverse impact on neighborhood quality and harmony. The proposed school is small, with a maximum student capacity of 40, and will be operated entirely within the existing synagogue. The location is therefore not expected to have any adverse impact on neighborhood quality and harmony. 2. A comprehensive assessment of critical transportation issues, including provision of adequate roadway capacity, transit capacity and bikeways shall be performed for a proposed school prior to any development to ensure safe and efficient transport of students to and from school. The proposed school at its full capacity of 40 students is estimated to generate approximately 100 daily trips, based on ITE standards, which is not a significant traffic impact. Access and internal circulation are sufficient to accommodate the school. The school will not be operating during times that religious services are on- going. 3. New school sites must minimize potential detrimental impacts on adjacent uses by providing sufficient on-site parking, sufficient internal vehicular circulation to ensure that unsafe stacking of vehicles on access roads does not occur, containment of off-site light spillage and glare, and reduction of off-site noise through compliance with the City's buffer requirements. The school will operate Monday through Friday and will not be operating during Public Hearings 400 PAGE 4 OF 7 - August 13, 2018 times that religious services are ongoing. The site has sufficient space for student dropoff and pickup, and for daily employee and visitor parking. 4. Demonstrate whether the size and shape of the site, the proposed access and internal circulation, recreational amenities, and the design enhancements proposed will be adequate to accommodate the scale and intensity of the proposed development. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, drop off and pick-up zones, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The proposed school is located in an existing synagogue. It is City Staffs opinion that sufficient on-site parking, sufficient internal vehicular circulation to ensure that unsafe stacking of vehicles on access roads does not occur, containment of off- site light spillage and glare, and reduction of off-site noise through compliance with the City's buffer requirements have been satisfied. The use is contained within the existing building, and will not pose detrimental impacts on adjacent uses. 5. Demonstrate whether the proposed school use is compatible and harmonious with adjacent land uses by avoiding location next to incompatible existing land uses such as bars and alcoholic establishments, industrial and high intensity commercial uses, adult oriented businesses, and potentially noxious uses that could materially be harmful to children or interfere with an educational environment. Staff determined that the proposed school use, which is contained within the existing synagogue building, is compatible and harmonious with the surrounding land uses. 6. Demonstrate whether or not the new school site will adversely impact land use activities in the immediate vicinity by providing appropriate and sufficient buffering, on- site parking, internal vehicular circulation to ensure safe stacking of vehicles with no interference to adjacent road access and traffic patterns. Access and internal circulation are sufficient enough to accommodate school dropoff and pickup services at times when they are held. The school will not be operating during times that religious services are ongoing. Onsite parking is sufficient to accommodate the school staff of six plus periodic visits by parents and others. 7. Demonstrate whether construction of off-site improvements are necessary or not, including but not limited to: signalization, installation of deceleration lanes, roadway striping for crosswalks, safe directional/warning signage and installation of sidewalks. It has been determined that no off-site improvements are necessary as the proposed school will be located within a portion of an existing synagogue. The site has been designed to accommodate traffic impacts that are generated from religious services. South Moss Road has an existing sidewalk network that can safely accommodate pedestrians. 8. Demonstrate that facilities such as sanitary sewer and potable water will be available Public Hearings 400 PAGE 5 OF 7 - August 13, 2018 at the time demanded by the new school site, and that services such as public safety can be provided. The subject property is currently connected to City water and sewer service. The subject property is currently provided police protection by the Winter Springs Police Department and fire protection by the Seminole County Fire Department. 9. Demonstrate whether or not the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, and bicycle and pedestrian facilities. The use is not anticipated to have adverse impacts on public services as it is located within an existing building that is connected to City water and sewer services and utilizes City police and Seminole County Fire Department services. South Moss Road has an existing sidewalk network that can safely accommodate pedestrians entering and exiting the site. Additionally, South Moss Road has been designed to safely accommodate any bicyclists that would travel to the facility. The majority of trips to the school will be by automobile. 10. New school sites shall have safe means of ingress and egress for pedestrians, bicycles, cars, buses, service vehicles and emergency vehicles. High schools and other major school facilities shall be located with access to collector or arterial roads, rather than relying solely on local roads. The proposed school is small, with a maximum capacity of 40 students, and will not be served by buses. Students will be dropped off and picked up daily, and the facility has existing safe means of ingress and egress to accommodate the additional traffic. 11. Ensure compliance with the United States Department of Transportation's Safe Route to Schools initiative. The school is designed primarily for students to be dropped off and picked up in automobiles. The site does have appropriately designed pedestrian facilities to accommodate walkers if needed. No offsite improvements are required or planned. 12. Demonstrate that safe road, bicycle, and sidewalk connections to and from proposed school sites will be provided. Safe pedestrian access is available from the existing sidewalk network along South Moss Road, which has a direct sidewalk connection to the building's front entrance. The site has safe vehicular driveway access to South Moss Road. South Moss Road is designed to accommodate bicycle traffic. The students will primarily arrive and depart the facility via private automobile. 13. Demonstrate that the proposed use will not have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. The existing synagogue where the private school is proposed is tax exempt, as it is a Public Hearings 400 PAGE 6 OF 7 - August 13, 2018 religious use. According to the Seminole County Property Appraiser's Office, the portion of the synagogue used for the private school may become taxable if it is leased to the school and the area used for the school is no longer available for the synagogue's use. 14. Demonstrate that negative fiscal impacts on the City for City services which are not covered by general ad valorem taxes, assessments, permit fees, and service charges are mitigated against by the school. No negative fiscal impacts are anticipated, based on the above -listed responses. Planning & Zoning Board Action At the August 1, 2018 Planning & Zoning Board meeting, the Board voted 4-0 to recommend approval of the Conditional Use. FISCAL IMPACT: The existing synagogue where the private school is proposed is tax exempt, as it is a religious use. According to the Seminole County Property Appraiser's Office, the portion of the synagogue used for the private school may become taxable if it is leased to the school and the area used for the school is no longer available for the synagogue's use. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve a Conditional Use to allow a proposed 40 - student remedial education private school (K-12) to be operated within the Temple Israel Synagogue, located at 50 South Moss Road. ATTACHMENTS: 1. Vicinity Map and Conditional Use Application (7 pages) Public Hearings 400 PAGE 7 OF 7 - August 13, 2018 D_ D_ Vicinity Map N �� 70 LORI ANNE L v I APT 100-312 124 04 4 ARDENRIDGE -P 4 COURT o� J -PORT CARPORT A� 190 CARPORT E STATE ROAD W STATE ROAD 434 12 17 m r 191 ahru 226 556 565 ahru 591 �h"'" 276 ahru 411 227 ahru 248 a _� 564 249 ahru 275 r 412 ahru 462 463 ahru 05 517 ahru 542 197 O 195 199 50 S. Moss Road N 11 Temple Israel 0 0 100 200 400 600 800 Feet m' r m 0 z 0 D E'1 NN W¢X-E 7�SS Z W ? -0000010 k a CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 3273 407-327-5966 FAX:407-327-6695 BOARD OF ADJUSTMENT APPLICATION Z CONDITIONAL USE / SPECIAL EXCEPTION ❑ VARIANCE ❑ WAIVER APPLICANT: �ead) or)d MAILING ADDRESS: o.o state Z' e -� PHONE & EMAIL If Applicant does NOT own the property: PROPERTY OWNER: ��f�1 �E ' - (ek e Last �j First MAILING ADDRESS: This request is for the real property described below: PROPERTY ADDRESS: c'5o I"t c a C' TAX PARCEL NUMBER: 03 ' " J& _S o c -F D 0 0 0 �w , � 0 L� SIZE OF PARCEL: Z its I ;?a/ a `� I F �S Square Feet Acres EXISTING LAND USE: �e Ole- - -D�.'--1 C�_ 4 I ; Current FUTURE LAND USE Classification: Current ZONING Classification: F i Please state YOUR REQUEST: N2t` " 't -'l 6 L�`. >� a.0 dd ' Q- "I h-) 1DYCkt-e,,.. sr lLurh 2W5 PHONE & EMAIL °y0 e r 3 ®a Cts t*e7o�1 Q/iC , cry This request is for the real property described below: PROPERTY ADDRESS: c'5o I"t c a C' TAX PARCEL NUMBER: 03 ' " J& _S o c -F D 0 0 0 �w , � 0 L� SIZE OF PARCEL: Z its I ;?a/ a `� I F �S Square Feet Acres EXISTING LAND USE: �e Ole- - -D�.'--1 C�_ 4 I ; Current FUTURE LAND USE Classification: Current ZONING Classification: F i Please state YOUR REQUEST: N2t` " 't -'l 6 L�`. >� a.0 dd ' Q- "I h-) 1DYCkt-e,,.. sr lLurh 2W5 The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross- examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (Code of Ordinances, Section 20-36.) A copy of the most recent SURVEY of the subject property. ❑ A copy of the LEGAL DESCRIPTION reflecting the property boundaries. ❑ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ❑ JUSTIFICATION for the Request (See Attached List) ❑ NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ❑ Notarized AUTHORIZATION of the Owner, SIF the Applicant is other than the Owner or Attorney for the Owner (see below). COY APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFIC'.ATION, and for REIN41BURSEN4ENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant), payable prior to approval of the pertinent stage of development. CONDITIONAL USE / SPECIAL EXCEPTION $ 500, WAIVER $ 500 VARIANCE $ 500 TOTAL DUE $ 0— N March 2005 CONDITIONAL USE PERMIT REQUEST Taken from Winter Springs Code of Ordinances, Section 20-33(d): All Conditional Use recommendations and final decisions shall be based on the following criteria to the extent applicable. Attach additional paper as necessary: What is the Conditional Use you are ❑ How is the Conditional Use (including its proposed scale and intensity, traffic - generating characteristics, and offsite impacts) compatible and harmonious with adjacent land uses? i 071e fQf i� t .:rte? e zt)!'. may.:' 14 e° C ❑ Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why n9p ❑ Demonstrate how the size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed scale and intensity of the conditional use requested. The site: shall be of sufficient size to accommodate design amenities such as screening buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. p� tl March X05 r ❑ Will the proposed use have an adverse impact on the local economy, including governmental, fiscal impact, a ployment, a propertyvalues? If no, why not? - ti t(Il"I CLY® , ❑ Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open space:, noxious and desirable vegetation, and flood hazards? If no, why not? 44 no — n O ��t1 C� (} Ck-P� k k � � t eta cc' ❑ Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? If no, why not? 00 -- C-L6CD1,e- ❑ Will the proposed use have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterwaysand bic cle and pedestrian facilities? If no, why not? ❑ Will the proposed use have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? If no, why not? (1 -• ()A(?jk'A-1 Oavco-�-� W'� 'l\c�(k) (OCt VOA Ce- Ck ^� �F 1)r64v -VP_ er s 1) f 'S 0r-¢ 9 March 2005 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating•this application. FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of Adjustment consideration: Signature of Owner Sworn po and subsedind before me this day of 200 Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath r#*#*****#r****#**#****#*#*r***r#r****rrrr***r*rr#*r#*r*****r*#***##r#******t#r**r*#rr FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: C I ✓4' S 11ll( AIr do hereby, with my notarized signature, allow A0C1L6,nXj-:L:LtoQrepresent me in this Application related to my property. The property is identified as: Tax Parcel Number(s) © 3 —21-3Q 0 0 /0 at s) 64kcmc S to and subsc before me this day of 20� ��pnallKnown Y Produced ID: (Type) Did take an Oath Did Not take and Oath >F;L 3 21,0,? otary Pu lic My Commission expires: ,'%i P�'v SUSAN M TAYLOR MY COMMISSION I GG 054906 EXPIRES: Jamtry 5,2D21 °� F`OQ� F1, -d Thrusdptft"swW� I4 aich M 4Y ♦ i .. r .w � . �; • Z T I 3 I