HomeMy WebLinkAbout2014 03 24 Public Hearing 504 First Reading Ordinance 2014-09, Schools and Daycares Conditional Use COMMISSION AGENDA
Informational
Consent
ITEM 504 Public Hearin s X
g
Regular
March 24, 2014 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department — Planning Division requests the City
Commission consider first reading of Ordinance 2014-09, which proposes to amend the
City's regulations regarding the siting of daycare centers and schools including public,
private and charter schools.
SYNOPSIS:
Ordinance 2014-09 proposes to make daycare centers and schools including public, private
and charter schools (schools) a Conditional Use in all zoning districts in which they are
currently a permitted use. Conditional Uses require the approval of the City Commission as
additional review of the proposed use will allow for the inclusion of any conditions that the
City Commission feels are necessary to make the use compatible with permitted uses in the
surrounding area by demonstrating compliance with applicable Comprehensive Plan
policies. Additionally, Ordinance 2014-09 establishes 14 criteria that daycare centers and
schools must be in compliance with prior to the approval of a Conditional Use. These
criteria will be enumerated in a new section of the Code of Ordinances, Section 20-421.
The City has recently received an influx of applications and inquiries for the approval of
daycare centers and schools on properties primarily with commercial zoning and future land
use designations. These entities are non-profit organizations that are exempt from the
payment of ad valorem taxes. Once constructed, these uses pose negative effects on the
City's infrastructure and services that are not reimbursed by the end user through the
payment of ad valorem taxes. Furthermore, the siting of these uses present unique issues
and challenges for existing surrounding uses. It has been determined that a comprehensive
review of these uses is required prior to the approval and issuance of a permit to locate a
new facility or to expand an existing school or daycare center. This review is intended to
Public Hearings 504 PAGE 1 OF 6- March 24,2014
protect the harmony of existing neighborhoods and surrounding areas, protect the public
from excessive traffic impacts, protect children and their families by providing safe access
to school sites and against traffic and other land use safety hazards that may potentially
occur if a school or daycare center is located in an inappropriate area.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
. Applicant name and address and authorized representative: City of Winter Springs,
1126 East State Road 434, Winter Springs, FL 32708.
. Property owner's name(s): Not applicable
. Property addresses: Not applicable
. Property Parcel ID numbers: Not applicable
. Current FLUM Desi�nations: Not applicable
. Current Zonin•°� na•°�: Not applicable
. Previousl��proved Development permits such as conditional use, waiver, or
variance (if any): Not applicable
. Development A�reements (if any): Not applicable
. Pending Code Enforcement Actions (if an�: Not applicable
. Citv Liens (if any): Not applicable
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
City of Winter Sprin�s Comprehensive Plan -Future Land Use Element
Objective 1.11: Public Schools.
The City shall implement standards for the siting of public schools to increase the quality of
life and local educational opportunities for its citizens.
Policy 1.11.3: Protection of Adjoining Uses. Minimize detrimental impacts from new
schools on residential neighborhoods, nursing homes and similar uses through proper site
location, configuration, design layout, access, parking, traffic controls and buffers.
Public Hearings 504 PAGE 2 OF 6- March 24,2014
Policy 1.11.11: Consistency with Code and Interlocal Agr�eements. Require public schools
to develop consistent with the 2007 Interlocal Agr�eement for Public School Facility
Planning and School Concurrency As Amended.Ianuary 2008, the City's Comprehensive
Plan, and the City's Code of Ordinances.
Cit� of Winter S�rin s� Com�rehensive Plan -Public Schools Facilities Element
Objective 1.6: Ensuring Compatibility with Surrounding Land tlses, Encouraging Co-
location with Appropriate City Facilities, Location in Proximity to Residential Areas to be
Served and Function as a Comn�unity Focal Poinz The City shall ensure compatibility of
school facilities with surrounding land use through the development review process and
shall encourage, to the extent feasible, co-location of new schools with compatible City
facilities, and the location of school facilities to serve as community focal points.
Policy 1.6.1: Allowable Locations of School Sites and Compatibility Standards. Allow
school sites within any land use designation in the City except Conservation and Industrial.
(Cross Reference Future Land Use Element, Policy 1.11.1). Ensure compatibility with adj acent land
uses will be ensured through the following measures:
. New school sites within the City must not be adjacent to any noxious industrial
uses or other property from which noise, vibration, odors, dust, toxic materials,
traffic conditions or other disturbances would have a negative impact on the
health and safety of students.
. An assessment of critical transportation issues, including provision of adequate
roadway capacity, transit capacity and bikeways, shall be performed for
proposed school sites prior to any development to ensure safe and efficient
transport of students.
. New school sites must comply with the City's land development regulations
and must minimize potential detrimental impacts on adj acent 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.
. New school sites in shall have safe ingress and egress for pedestrians, bicycles,
cars, buses, service vehicles and emergency vehicles. High schools should be
located with access to collector or arterial roads, rather than relying solely on
local roads.
DISCUS SION:
The Future Land Use Element of the Comprehensive Plan allows schools in all future land
use categories in the City except for Industrial and Conservation. Additionally, the Code of
Ordinances permits schools and daycare centers by right in the G1 (General Commercial),
C-2 (General Commercial), C-3 (Highway 17-92 Commercial District), Town Center
District, and Planned Unit Development District (PUD). Objective 1.11 of the Future Land
Use Element of the Comprehensive Plan states "the City shall implement standards for the
siting of public schools to increase the quality of life and local educational opportunities for
its citizens."
Public Hearings 504 PAGE 3 OF 6- March 24,2014
Additionally, the Public Schools Facilities Element of the Comprehensive Plan establishes
criteria for school siting that is outlined in Objective 1.6. Ordinance 2014-09 proposes to
make daycare centers and schools a Conditional Use in all zoning districts in which they are
currently a permitted use. The following matrix indicates which zoning districts daycare
centers and schools are permitted with a conditional use in as outlined in Ordinance 2014-
09.
Use oning District onditional ermitted Use
classification se required
a care center -1 AAA es o
School (public, -C1 es o
private, charter)
-lAA es o
-lA es o
-3 es o
-1 es o
G 1 es o
G2 es o
-U es o
Town Center es o
C-3 es o
UD es o
Additionally, Ordinance 2014-09 establishes criteria that daycare centers and schools must
demonstrate compliance with prior to the approval of a Conditional Use. Specifically, this
ordinance establishes 14 criteria which must be satisfied prior to the City Commission
approving a Conditional Use for a daycare center or school. 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. These criteria will be provided in a new section of the Code of
Ordinances, Section 20-421. 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.
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.
3. New school sites must minimize potential detrimental impacts on adj acent 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.
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
Public Hearings 504 PAGE 4 OF 6- March 24,2014
other similar site plan improvements needed to mitigate against potential adverse
impacts of the proposed use.
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.
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 adj acent road access and traffic patterns.
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.
8. Demonstrate that facilities such as sanitary sewer and potable water will be available
at the time demanded by the new school site, and that services such as public safety
can be provided.
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.
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.
11. Ensure compliance with the United States Department of Transportation's Safe Route
to Schools initiative.
12. Demonstrate that safe road, bicycle, and sidewalk connections to and from proposed
school sites will be provided.
13. Demonstrate that the proposed use will not have an adverse impact on the local
economy, including governmental fiscal impact, employment, and property values.
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.
FISCAL IMPACT:
While there is no direct fiscal impact to the City as a result of this ordinance, staff is of the
opinion that the proposed new code language will have a positive fiscal impact to the
City's tax base and will provide City staff with the tools necessary to properly review
applications for new daycare and school facilities in an effort to protect existing land uses
and the overall City from incompatible land uses.
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
Public Hearings 504 PAGE 5 OF 6- March 24,2014
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 five (5) 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 and the Planning & Zoning Board recommend approval of first reading of Ordinance
2014-09, which proposes to amend the City's regulations regarding schools and daycare
centers, and forward said ordinance to second reading and final approval.
ATTACHMENTS:
A. Ordinance 2014-09
Public Hearings 504 PAGE 6 OF 6- March 24,2014
Attachment "A"
ORDINANCE NO. 2014-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; REGARDING THE SITING OF SCHOOLS AND
DAYCARE CENTERS; AMENDING THE LIST OF
PERMITTED AND CONDITIONAL USES IN APPLICABLE
ZONING DISTRICTS REGARDING SCHOOLS AND
DAYCARE CENTERS; ESTABLISHING REGULATIONS
FOR THE LOCATION OF FUTURE SCHOOLS AND
DAYCARE CENTERS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission is also vested with comprehensive zoning authority
over land located within the jurisdictional limits of the City. See Villa�e of Euclid, Ohio v.
Ambler Realtv Co., 272 U.S. 365 (1926); and
WHEREAS, the City of Winter Springs Comprehensive Plan, Public School Facilities
Element, Objective 1.6 (and related policies), requires that new schools be compatible with
surrounding land uses through the development review process and compatibility standards set
forth in the Comprehensive Plan and the City's land development regulations; and
WHEREAS, the City Commission hereby finds that based on previous experience, the
siting of schools and daycare centers within the City present unique planning/zoning issues and
challenges for the City and surrounding land uses that require a comprehensive review by the City
prior to approving and issuing a permit to locate a new or expand an existing school or daycare
center; and
WHEREAS, the aforesaid comprehensive review is deemed necessary for purposes of
attempting to adequately address potential incompatible land uses and negative impacts on public
health and safety including but not limited, to protecting the harmony of neighborhoods and
surrounding areas; protecting the public from burdensome traffic and pedestrian congestion and
traffic conflicts; and protecting children and their families by providing safe access to school sites
and mitigating, to the extend feasible, against traffic and other land use safety hazards that could
occur if a school or daycare center is located in inappropriate places; and
WHEREAS, due to the aforesaid concerns, the City Commission finds that it more
City of Winter Springs
Ordinance No. 2014-09
Page 1
appropriate to require schools and daycare centers to go through the applicable conditional use and
special exception procedures set forth in the City Code before the City approves and issues a
development permit authorizing such use and to require applicants for new or expanding schools
and daycare centers to demonstrate compliance with supplemental zoning criteria related to the
siting of such facilities within the City; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose related to the City's implementation of comprehensive zoning and regulating
the appropriate location of various kinds of land uses within the City for the betterment of the
entire community; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Amendment to the List of Permitted and Conditional Uses. The City
of Winter Springs Code of Ordinances, Chapter 20, Article III Establishment of Districts, and
Article IV Planned Unit Development, regarding the list of permitted and conditional uses for
schools and daycare centers is hereby amended as follows(underlined type indicates additions and
s�ee�r�type indicates deletions, while asterisks (* * *)indicate a deletion from the Ordinance of
text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this ordinance):
CHAPTER 20 ZONING
� � �
Article III. Establishment of Districts.
� � �
Division 2.—R-lAAA Single Family Dwelling Districts.
� � �
Sec. 20-123.—Conditional uses.
� � �
City of Winter Springs
Ordinance No. 2014-09
Page 2
(5) Davcare centers
� � �
Division 3.—R-C1 Single-Family Dwelling District.
� � �
Sec. 20-143.—Conditional uses.
� � �
(5) Davcare centers
� � �
Division 4. -- R-lAA and R-lA One-Family Dwelling Districts.
� � �
Sec. 20-163.—Conditional uses.
� � �
(7) Davcare centers.
� � �
Division 6.—R-3 Multiple-Family Dwelling Districts.
� � �
Sec. 20-208.—Conditional uses.
(a) Conditional uses allowed within R-lAAA, R-lAA, R-lA and R-1 Single Family Dwelling
Districts.
� � �
��
� � > >
�� �� ��
� � �
Division 7. C-1 Neighborhood Commercial District.
City of Winter Springs
Ordinance No. 2014-09
Page 3
� � �
Sec. 20-232.—Uses permitted.
> > > >
' ; RESERVED.
Sec. 20-234.—Conditional uses.
� � �
6 Schools
(7)Davcare centers
� � �
Division 8. C-2 General Commercial District.
� � �
Sec. 20-254. Conditional uses.
9 Schools
(10)Davcare centers
� � �
Division 9. R-U Rural Urban Dwelling Districts.
� � �
Sec. 20-267, Uses Permitted.
(5)
. ,
��,o,-o�,,,-;� �,-�� „�.�.,;,,o,a �,,,,, ��,o ,.;�., ,. „� Reserved.
� � �
Sec. 20-268. Conditional uses.
� � �
(5) Schools
City of Winter Springs
Ordinance No. 2014-09
Page 4
(6) Davcare centers
� � �
Division 12. Town Center District Code.
� � �
Sec. 20-323. Permitted uses.
T1 T2 T3 T4 TS CIP
� � �
Day-care centers � , � . �SE �SE �SE
� � �
Schools, SE SE SE
�e�ee��Professional service and vocational schools
(such as cosmetology, medical and dental
assistant's training) SE P P
� � �
Division 15. C-3 Highway 17-92 Commercial District.
� � �
Sec. 20-346.3. Conditional uses.
(10) Davcare centers
(11) Schools
� � �
Article IV. Planned Unit Developments.
� � �
20.353. Standards for planned unit developments.
City of Winter Springs
Ordinance No. 2014-09
Page 5
� � �
(c) Permissible uses, density, and intensity. Permissible uses within the PUD shall be
established within the development agreement consistent with the underlying future land use
designation(s) identified on the future land use map of the comprehensive plan. There shall be at
least two (2) different uses within a new PUD, and at least one (1) of the uses shall be a
non-residential use.Nothing herein shall be construed to abrogate specific use restrictions set forth
in this Code including the restrictions set forth in Chapter 20, Article V, Supplemental District
Regulations. Home occupations shall be permitted within the PUD subject to the provisions of
Chapter 20 and are not required to be established within the development agreement. Schools and
davcare centers shall be subject to conditional use permit requirements under the Citv Code.
� � �
Section 3. Amendment to Supplemental Regulations. The City of Winter Springs
Code of Ordinances, Chapter 20, Article V. — Supplemental District Regulations is hereby
amended to create a new section 20-421 as follows: (underline type indicates additions to the City
Code)
Sec. 20-421. Public, Private and Charter School and davcare center sitin� criteria.
Davcare centers and schools (hereinafter referred to as "school" in this section�present unique
plannin /z� onin� issues and challen�es for the Citv and surroundin� land uses. Therefore, all
schools must be deemed compatible with surroundin� land uses bv the Citv before any
development permit mav be issued for a new school or the expansion of existin� school. In
addition to com�lvin� with anv other a�plicable provision of the Citv Code includin�, but not
limited to, conditional use and special exception requirements, and a�licable provisions of the
Citv's Comprehensive Plan, compatibilitv shall be determined bv satisfvin� all of the followin�
factors:
1. The location of the school must serve as a focal point for the communitv and shall not have
an adverse impact on nei�hborhood qualitv and harmon�
2. A comprehensive assessment of critical transportation issues, includin� provision of
adequate roadwav capacitv, transit capacitv and bikewavs shall be performed for a
proposed school prior to anv development to ensure safe and efficient transport of students
to and from anv school.
3. New school sites must minimize potential detrimental impacts on adjacent uses by
providin� sufficient on-site parkin�, sufficient internal vehicular circulation to
ensure that unsafe stackin� of vehicles on access roads does not occur, containment
City of Winter Springs
Ordinance No. 2014-09
Page 6
of off-site li�ht spilla�e and �lare, and reduction of off-site noise throu�h
compliance with the Citv's buffer requirements.
4. Demonstrate whether the size and shape of the site, the proposed access and internal
circulation,recreational amenities, and the desi�n enhancements proposed will be adequate
to accommodate the scale and intensitv of the proposed development. The site shall be of
sufficient size to accommodate desi�n amenities such as screenin�, buffers, landscapin�,
open space, off-street parkin�, drop off and pick-up zones, and other similar site plan
improvements needed to miti a� te a a� inst potential adverse impacts of the proposed use.
5. Demonstrate whether the proposed school use is compatible and harmonious with adj acent
land uses bv avoidin� location next to incompatible existin� land uses such as bars and
alcoholic establishments, industrial and hi�h intensitv commercial uses, adult oriented
businesses, and potentiallv noxious uses that could materiallv be harmful to children or
interfere with an educational environment.
6. Demonstrate whether or not the new school site will adverselv impact land use activities in
the immediate vicinitv bv providing a�ropriate and sufficient bufferin�, on-site parkin�,
internal vehicular circulation to ensure safe stackin� of vehicles with no interference to
adj acent road access and traffic patterns.
7. Demonstrate whether construction of off-site improvements are necessarv or not,includin�
but not limited to: si�nalization, installation of deceleration lanes, roadwav stripin� for
crosswalks, safe directional/warnin� si�na�e and installation of sidewalks.
8. Demonstrate that facilities such as sanitarv sewer and potable water will be available at the
time demanded bv the new school site, and that services such as public safetv can be
provided.
9. Demonstrate whether or not the proposed use will have an adverse impact on public
services, includin� water, sewer, surface water mana�ement, police, fire, parks and
recreation, streets, public transportation, and bicvcle and pedestrian facilities.
10. New school sites shall have safe means of in�ress and e�ress for pedestrians,bicvcles, cars,
buses, service vehicles and emergencv vehicles. Hi�h schools and other major school
facilities shall be located with access to collector or arterial roads,rather than relvin�solelX
on local roads.
City of Winter Springs
Ordinance No. 2014-09
Page 7
11. Ensure compliance with the United States Department of Transportation's Safe Route to
Schools initiative.
12. Demonstrate that safe road, bicvcle, and sidewalk connections to and from proposed
school sites will be provided.
13. Demonstrate that the proposed use will not have an adverse impact on the local econom�
includin��overnmental fiscal impact, emplovment, and propertv values.
14. Demonstrate that ne�ative fiscal impacts on the Citv for Citv services which are not
covered bv �eneral ad valorem taxes, assessments, permit fees, and service char eg s are
miti�ated a�ainst bv the school.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2014.
CHARLES LACEY, Mayor
City of Winter Springs
Ordinance No. 2014-09
Page 8
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2014-09
Page 9