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HomeMy WebLinkAbout2014 06 04 Public Hearings 500 Conditional Use Request for Creative Inspiration Journey SchoolPLANNING & ZONING BOARD AGENDA ITEM 500 June 4, 2014 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Planning & Zoning Board consider a Conditional Use request for Creative Inspiration Journey School, which is proposed to be located at 780 East State Road 434. SYNOPSIS: Staff has received a Conditional Use application for Creative Inspiration Journey School, located at 780 East State Road 434, the site of the former Kee -Wee Entertainment complex and, originally, an Eckerd pharmacy. Creative Inspiration Journey School will consist of a childcare center and school that is run in an environmentally conscious manner. According to the owner, the school will be licensed for approximately 207 students ranging from 6 weeks through 12 years of age. CONSIDERATIONS: 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, Section 20 -421 outlines 14 criteria that daycare centers and schools must be in compliance with prior to the approval of a Conditional Use. APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: Patty Marquis, 1123 Seafarer Lane, Winter Springs, FL 32708. • Property owner's name(s): Allsee Investment, LP c/o AC Global Managment, LLC • Property addresses: 780 East State Road 434 • Property Parcel ID numbers: 34- 20- 30 -5AW- 0000 -031A • Current FLUM Designations: Commercial June 4, 2014 Planning & Zoning Board Agenda, Item 500 Page 2 of 10 • Current Zoning Designations: C -1 (Neighborhood Commercial) • Previously Approved Development permits such as conditional use, waiver, or variance (if any): Not applicable • Development Agreements (if any): Development Agreement between ECK- Winter Springs 9, Inc. and the City of Winter Springs signed April 26, 2000 by ECK - Winter Springs 9, Inc. This agreement appears to not have been signed by any City of Winter Springs official and is not recorded. • Pending Code Enforcement Actions (if any): No pending Code Enforcement Actions • City Liens (if any): No City liens. $2969.18 is owed to the City in outstanding utility bills that have not been paid. The current applicant is not a party to this outstanding lien. 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 -234 (5). Conditional Uses C -1 (Neighborhood Commercial) zoning district Winter Springs Code of Ordinances, Chapter 20, Section 20 -421 Public, Private and Charter School and daycare center siting criteria. City of Winter Springs 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 ofAdjoining 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. Policy 1.11.11: Consistency with Code and Interlocal Agreements. Require public schools to develop consistent with the 2007Interlocal Agreement for Public School Facility Planning and School Concurrency As Amended January 2008, the City's Comprehensive Plan, and the City's Code of Ordinances. Citv of Winter Sbrinus Comprehensive Plan - Public Schools Facilities Element Objective 1.6: Ensuring Compatibility with Surrounding Land Uses, Encouraging Co- location with Appropriate City Facilities, Location in Proximity to Residential Areas to be Served and Function as a Community Focal Point. The City shall ensure compatibility of school facilities with surrounding land use through the development review process and shall June 4, 2014 Planning & Zoning Board Agenda, Item 500 Page 3 of 10 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 adjacent 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 developmentto 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 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. • 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. DISCUSSION: The applicant is requesting approval of a Conditional Use for Creative Inspiration Journey School, which is proposed to be located at 780 East State Road 434. The subject property was originally developed as an Eckerd drugstore, and was most recently utilized as the Kee -Wee entertainment district. According to the owner, Creative Inspiration Journey School will be an upscale, private monthly tuition based educational program using high quality world renowned curriculums that will attract a high demographic population. The school is intended to draw students not only from the City of Winter Springs, but from many of the surrounding cities. The school will be an environmentally conscious school which will utilize many green practices such as recycling, and the use of natural playground material. 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 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. June 4, 2014 Planning & Zoning Board Agenda, Item 500 Page 4 of 10 The design of the site allows traffic to flow smoothly by having two points of access from State Road 434 and State Road 419. According to the owner, drop -off times for the school will be staggered, with operating hours between 6:30 am and 6:30 pm. Parents will be required to park their cars and come into the building to sign their children in and out. This will alleviate concerns regarding vehicles queuing into the adjacent roadways. The site is located at the intersection of two major roadways and is in a commercial area. 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 would be 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. The site was originally permitted as an Eckerd drugstore in 2000. During the original site plan review process, access and internal circulation were approved in accordance with the State Road 434 New Development overlay plan, which governs the design aspects of the site. Additionally, screening buffers, landscaping, open space, and off - street parking were provided in accordance with all applicable City Code criteria. The site plan that is attached for the school proposes 55 off - street parking spaces that are currently provided on site. This will accommodate the amount of parking that is anticipated for the school use. According to the owner, drop -off times for the school will be staggered between 6:30 am and 9:30 am, with operating hours between 6:30 am and 6:30 pm. Parents will be required to park their cars and come into the building to sign their children in and out. This will alleviate concerns regarding vehicles queuing into the adjacent roadways. 3. Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. Per Florida Statute, daycare centers and schools are non - profit organizations that are exempt from the payment of ad valorum 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 valorum taxes. In response to this, the owner has agreed to enter into a PILOT (Payment in Lieu of Taxes) program or other mutually agreeable option with the City to offset any adverse impacts that may occur to the City for services that may be rendered. The facility would pay normal ad valorum taxes until said time the facility meets that state requirements for tax exempt status; at which time the PILOT agreement or other option would come into effect. 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. June 4, 2014 Planning & Zoning Board Agenda, Item 500 Page 5 of 10 The school is proposed at an existing site and is considered infill development. Therefore, no adverse impacts on the natural environment are anticipated. 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 on an existing site with an existing building that has been used in the past as a pharmacy and an entertainment complex. Therefore, no adverse impacts on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources are 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 use is proposed on an infill site that is currently serviced by City water and sewer. As previously mentioned, the owner has agreed to enter into a PILOT (Payment in Lieu of Taxes) program or other mutually agreeable option with the City to offset any adverse impacts in regards to City services that may be rendered. In accordance with the State Road 434 New Development Overlay requirements, a bicycle rack will be required to be provided on site. The Florida Department of Transportation (FDOT) has off -site roadway improvements programmed which include sidewalk and crosswalk improvements which will help improve pedestrian and bicycle access to the site and surrounding area. Additionally, bicycle access is available from the Cross - Seminole Trail, which is approximately one - quarter (1/4) mile away from the site. The route from the trail to the site has public sidewalks along the entire route. 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 daycare center and school, which is not a residential use. Therefore, no adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality is anticipated. Additionally, Section 20 -421 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. The 14 criteria are as follows: 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. June 4, 2014 Planning & Zoning Board Agenda, Item 500 Page 6 of 10 The proposed school is located at the intersection of State Roads 419 and 434, which are the two major arterial roadways in the City. The proposed school is in a highly visible location and is proposed to be located in a building that was constructed in 2000. Locating the school in this location does not appear to pose any negative impacts on neighborhood quality and harmony, and should provide an exterior maintenance program to "upgrade" the property's appearance. 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. Traffic capacity is vested from the previous developments that were located on the subject property. The proposed use is a daycare center and school. The amount of traffic that is typically generated from this type of use poses less demand on the surrounding roadway network than the pharmacy and entertainment complex that were previously located on the property did. Additionally, drop -off times for the school will be staggered, with operating hours between 6:30 am and 6:30 pm. Parents will be required to park their cars and come into the building to sign their children in and out. This will alleviate concerns regarding vehicles queuing into the adjacent roadways. 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 site was originally permitted as an Eckerd drugstore in 2000. During the original site plan review process, access and internal circulation were approved in accordance with the State Road 434 New Development overlay plan, which governs the design aspects of the site. Additionally, screening buffers, landscaping, open space, and off - street parking were provided in accordance with all applicable City Code criteria. The site plan that is attached for the school proposes 55 off - street parking spaces that are currently provided on site. This will accommodate the amount of parking that is anticipated for the school use. According to the owner, drop -off times for the school will be staggered, with operating hours between 6:30 am and 6:30 pm. Parents will be required to park their cars and come into the building to sign their children in and out. This will alleviate concerns regarding vehicles queuing into the adjacent roadways. The majority of the activities will be conducted inside the building, with children playing outside at appointed times. The amount of noise generated by the play activities is not anticipated to be more or less than that generated by a typical playground at a school. 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 June 4, 2014 Planning & Zoning Board Agenda, Item 500 Page 7 of 10 improvements needed to mitigate against potential adverse impacts of the proposed use. The applicant has prepared a site plan which depicts how the site will be configured as a school use. Access to the site will be from both State Roads 434 and 419. Two play areas will be constructed on the site. The amount of open space provided on the site will be in accordance with State of Florida laws for child care centers. Screening buffers, landscaping, open space, and off - street parking have been provided in accordance with all applicable City Code criteria. The site plan that is attached for the school proposes 55 off - street parking spaces that are currently provided on site. This will accommodatethe amount of parking that is anticipated for the school use. According to the owner, drop - off times for the school will be staggered between 6:30 am and 9:30 am, with operating hours between 6:30 am and 6:30 pm. Parents will be required to park their cars and come into the building to sign their children in and out. 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. The proposed use is located in an existing building that has previously been an Eckerd pharmacy and an entertainment complex known as Kee -Wee. There are no 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 that are adjacent land uses. The proposed use is compatible and harmonious with adjacent 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. The site is heavily buffered from the State Roads 434 and 419 frontages and has mature oak trees growing along each frontage. The site plan that is attached for the school proposes 55 off - street parking spaces that are currently provided on site. This will accommodate the amount of parking that is anticipated for the school use. The site was originally designed to accommodate internal vehicular circulation. The two previous uses located on the property had more average daily vehicular trips than the proposed school use with approximately 207 students. No issues regarding internal vehicular circulation are anticipated. According to the owner, drop -off times for the school will be staggered between 6:30 am and 9:30 am, with operating hours between 6:30 am and 6:30 pm. Parents will be required to park their cars and come into the building to sign their children in and out. This will help to ensure the safe stacking of vehicles with no interference to adjacent road access and traffic patterns. June 4, 2014 Planning & Zoning Board Agenda, Item 500 Page 8 of 10 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. The site was originally developed as an Eckerd drugstore in 2000. The Eckerd site development included construction of driveway entrances onto State Road 419 and State Road 434. At the State Road 419 driveway, an eastbound State Road 419 right turn deceleration lane was constructed for the Eckerd's. The nearest major intersections are State Road 419 at State Road 434, State Road 434 at Hayes Road, and State Road 419 at Layer Elementary School, all of which are currently signalized. Based on the existing improvements in the site vicinity, along with the estimated daily trip generation for the day care being at or below the trip generation for the drugstore, no additional off -site improvements are recommended. 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. 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 proposed to be located on an infill site that is currently serviced by City water and sewer. The owner has agreed to enter into a PILOT (Payment in Lieu of Taxes) program or other mutually agreeable option with the City to offset any adverse impacts in regards to the cost of City services that may that may be rendered. In accordance with the State Road 434 New Development Overlay requirements, a bicycle rack will be required to be provided on site. The Florida Department of Transportation (FDOT) has off -site roadway improvements programmed which include sidewalk and crosswalk improvements which will help improve pedestrian and bicycle access to the site and surrounding area. 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 site has 55 parking spaces, which is sufficient to support the dropoff /pickup operations for a day care with 207 students. Dropoff and pickup times are spread over several hours, thus there are no car lines. Students are normally walked from parked June 4, 2014 Planning & Zoning Board Agenda, Item 500 Page 9 of 10 vehicles to the school for dropoff and vice versa for pickup. The site has acceptable service and emergency vehicle access, which has been confirmed by the Seminole County Fire Marshal. Safe pedestrian access is available from the existing sidewalk along State Road 434, which has a direct sidewalk connection to the day care's front entrance. 11. Ensure compliance with the United States Department of Transportation's Safe Route to Schools initiative. The Florida Department of Transportation (FDOT) has off -site roadway improvements programmed which include sidewalk and crosswalk improvements which will help improve pedestrian and bicycle access to the site and surrounding area. Additionally, bicycle access is available from the Cross - Seminole Trail, which is approximately one - quarter (1/4) mile away from the site. The route from the trail to the site has public sidewalks along the entire route. 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 along State Road 434, which has a direct sidewalk connection to the daycare's front entrance. FDOT is planning to construct a new sidewalk along State Road 419 and crosswalk improvements at the State Road 419 / State Road 434 intersection, both of which should be complete in late 2014. The site has safe vehicular driveway access to both State Road 419 and State Road 434. These driveway connections were installed as part of the Eckerd's project in 2000 and were located a safe distance away from the State Road 419 / State Road 434 intersection. Bicycle access is available from the Cross - Seminole Trail, which is approximately one - quarter (1/4) mile away from the site. The route from the trail to the site has public sidewalks along the entire route. 13. Demonstrate that the proposed use will not have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. Per Florida Statute, daycare centers and schools are non - profit organizations that are exempt from the payment of ad valorum 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 valorum taxes. In response to this, the owner has agreed to enter into a PILOT (Payment in Lieu of Taxes) program or other mututally agreeable option with the City to offset any adverse impacts that may occur to the City as a result of the cost for services that may be rendered to the daycare /school. The facility would pay normal ad valorum taxes until said time the facility meets that state requirements for tax exempt status; at which time the PILOT agreement or other option would come into effect. 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. June 4, 2014 Planning & Zoning Board Agenda, Item 500 Page 10 of 10 The owner has agreed to enter into a PILOT (Payment in Lieu of Taxes) program or other mutually acceptable option with the City to offset any adverse impacts that may occur to the City for the cost of services rendered to the daycare /school. FISCAL IMPACT: Per Florida Statute, daycare centers and schools are non - profit organizations that are exempt from the payment of ad valorum 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 valorum taxes. In response to this, the owner has agreed to enter into a PILOT (Payment in Lieu of Taxes) program or other mutually acceptable option with the City to offset any adverse impacts associated to the cost for services that may be rendered by the City. The facility would pay normal ad valorum taxes until said time the facility meets that state requirements for tax exempt status; at which time the PILOT agreement or other option would come into effect. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to media /press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board recommend approval of a Conditional Use permit for Creative Inspiration Journey School to be located at 780 East State Road 434, and forward said recommendation of approval to the City Commission. ATTACHMENTS: A. Preliminary site plan - Creative Inspiration Journey School B. 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