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Home My WebLink About2011 06 01 Public Hearings 500.1 Park Manor Academy Conditional Use Located At 135 Excelsior ParkwayPLANNING & ZONING BOARD AGENDA ITEM 500.1 June 1, 2011 Meeting Consent Information Public Hearing X Regular Mgr. / Dept REQUEST: The Community Development Department -Planning Division requests the Planning & Zoning Board/Local Planning Agency hold a public hearing for the re- approval of a Conditional Use for Park Manor Academy, located at 13 5 Excelsior Parkway (Lot 5 of the Excelsior Business Park) to allow a day -care facility in the R -3 (multiple - family dwelling) zoning district. SYNOPSIS: The applicant, Park Manor Academy is requesting re- approval of a Conditional Use to permit a day -care facility in the R -3 (multiple - family dwelling) zoning district. Per Section 20 -36 (a), the approval period of the Conditional Use is 2 years from the date of City Commission approval unless a building permit based on and incorporating the Conditional Use has been issued for the affected property. No building permit has been issued for this property and the Conditional Use has since expired. Per Section 20 -36 (a), once this approval expires, it is deemed null and void. The approval for the Conditional Use expired on February 25, 2010. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Medium Density Residential Zoning: R -3 (Multiple Family Dwelling) APPLICABLE LAW &, PUBLIC POLICY City Code, Chapter 20, Section 20 -33 City Code, Chapter 20, Section 20 -36 (a) City Code, Chapter 20, Section 20 -208 (c) DISCUSSION: On February 25, 2008, the City Commission approved a Conditional Use on the subject property to permit a day -care facility. Per Section 20 -208 (c), day -care facilities are permitted only with a Conditional Use approval in the R -3 zoning district. June 1, 2011 Planning & Zoning Board, Item 500.1 Page 2 of 4 The 0.493 acre undeveloped site is located on the south side of the east end of the Excelsior Parkway private right -of -way, adjacent to a storm -water pond. A daycare facility is a free - standing facility where care for pre - school children is provided, normally during the daytime hours. Daycare facilities generally include classrooms, offices, eating areas, and playgrounds. Some daycare facilities provide after - school care for school -age children, as well. Per Section 20 -36 (a), the approval period of a Conditional Use is 2 years unless a building permit based on and incorporating the Conditional Use has been issued on the affected property. No building permit has been issued on this property and the Conditional Use approval has since expired. Per Section 20 -36 (a), once this approval expires, it is deemed null and void. Based on this, the applicant is requesting re- approval of the Conditional Use. CHRONOLOGY • January 11, 1990 — Excelsior Business Park plat was recorded with Excelsior Parkway as a private cul -de -sac roadway. • July 9, 2007— Ordinance No. 2007 -20 was adopted, allowing day nurseries, kindergartens, and daycare as a conditional use in the R -3 zoning district. • January 8, 2008 — Initial Conditional Use application package was received. • February 25, 2008 — Conditional Use was approved by the City Commission. • February 25, 2010 —Conditional Use approval expired. FINDINGS 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." The proposed use at the proposed scale should fit into the neighborhood, although some traffic may "stack" along Excelsior Parkway during peak morning and evening hours. Excelsior Parkway is a private cul -de -sac street and Lot 5 is at the far end of the street. The proposed development has an approved site plan, so all traffic issues have been resolved. 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 June 1, 2011 Planning & Zoning Board, Item 500.1 Page 3 of 4 parking, and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use." • The applicant proposed buffering between the daycare and the existing residential and office uses (existing and potential) on the approved site plan. "Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values." • Staff believes that this addition will have no negative effect on the local economy, government fiscal impact, employment, or property values. The development of the day- care facility will create jobs and add to the taxable value of the City. 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." • Staff believes that the proposed addition will not have an adverse impact on the natural environment. "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." • No known cultural or historic resources are known to be on this site. 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 City has water and sewer facilities in place to support the proposed use. The subdivision has been engineered for storm - water. The site will drain into the adjacent pond that was designed to accommodate the Excelsior Business Park subdivision. 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." This development/addition is anticipated to have a favorable impact on these issues in this neighborhood. FISCAL IMPACT: The re- approval of a Conditional Use for Park Manor Academy will allow the development of a day -care facility which will create jobs and add to the taxable value of the City. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, Laser Fiche, And The City's Server. Additionally, Portions Of June 1, 2011 Planning & Zoning Board, Item 500.1 Page 4 of 4 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, Laser Fiche, And The City's Server; Has Been Sent To 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; And Has 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff recommends that the Planning & Zoning Commission forward a recommendation of approval to the City Commission for the re- approval of a Conditional Use for Park Manor Academy to permit a day -care facility in the R -3 zoning district for property located at 13 5 Excelsior Parkway (Lot 5 of the Excelsior Business Park). ATTACHMENTS: A. Minutes, February 25, 2008 City Commission meeting B. Sheets 4, and L1, Final Site Plan, Park Manor Academy C. Approved elevations, Park Manor Academy D. City Code, Chapter 20, Sections 20 -33, 20 -36, and 20 -208 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 25, 2008 PAGE 10 OF 17 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Presents To The City Commission A Request For A Conditional Use To Allow A Daycare Facility Within The R -3 (Multiple Family Dwelling) Zoning District, Pursuant To Section 20 -208. And Section 20 -33. Of The Citv Code Of Ordinances. Mr. Baker spoke on this Agenda Item. Tape 1 /Side B Mayor Bush opened the "Public Input" portion of the Agenda Item. An individual commented on concern with foot traffic going through his property. Mr. Justin Garber, Project Manager, American Civil Engineering Company, 207 North Moss Road, Suite 211, Winter Springs, Florida: as the Engineer for Ms. Hamilton, Mr. Garber spoke on this project and protecting children. Discussion. Ms. Renae Hamilton, 220 Oak Road, Winter Springs Florida: addressed the City Commission on plans for her property. Discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM `500'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Not Used. LOT 2 / T 0. 51 AC. (VACANT) \ / EXCELSIOR BUSINESS PARK / PLAT BOOK 43 PACE 12 / LOT 3 \ 0.51 AC. \ \ (VACANT) / / \ CCo Col. �' < a\ LOT 4 0.51 AC. / (VACANT) / / ' FAGGED IN PREA / a 4017 S.F. / A �/ / % rz�xa (aw otuii / / PARK MANOR ACADEMY / lAllT 2J SIGN DETAIL North ggs o HN pmjaTpme: Pak Mevo<Acd ®y eveliogaee: vac ®[ ° pnpasedoee: der teem 1ty W E Reael —: medbm tyn®demlel e0a w- R_3 4 pmpoeed F.— 013 S Derelapm ®[Amlyeie Chat EXISTING COHI3[110N8 � 0 N emm[ q.6 t saes %aprpy g bu0d- 0.000 OM OWA mr gameeata "m OAW OWA _ - adeewa RRW CAW OWA eaevn�aeB oAW RAW o.OaA pma 0.000 OAW OWA - - mm1 L 0.000 OAW o.oaA kpdecepe ens 0.000 0.000 0.00% dbpplmOm4pa 0.000 OAW ow% oma 31.771 CAN 100% ktel ens 31.731 U" 100% ware eaface ena 0.000 OAW 0.00% watld— am OAW 0.00% $ ktel pr paty eiae 31.751 0.�0 IWA DewkpmmtAmlyak Chart PROPoSED COI4DITIONB y� .fwt ease %of z huildmn 3,459 0.0'19 162% pad®gapacearm 2,740 0.063 12.8% r w ' dtiwmaw 2A35 0.056 11A% eidewalkw 1,424 0.033 6.8"/. a oma' .mm 0 0.000 W. W. WMI' area 10088 0231 472% Imdeeep ens 7241 0.167 34.1% QI w H arr.etia6 0.000 0.Wo 0.a oma 3983 0.091 18.7% [pMl 11,263 0259 52.8% welec apRce ens 0.000 0.000 0.00% we0 ®dmm 0.000 OAW 0 W t,wpmpmye 21 0.490 100% 8plaarJ<(Lae IpceOpe orievbdkp ' ooM Rmt 25R 15R CityC ®isaian spWh side loft loft m 1017108 k FebEpl3eakg Agm&M g art 35 R 35 R wm[ ®de loft loft Feddpg O o Sk me City ONkeom does mt haves mum cegaicmmt Rrcmie patioalaaee, Z me mllowagmumupeli D tv's pr v hesbem k-mi v g&cffity. 9 k me�m® Q ped®gregmtemmte fa popped rldldrea's ke emkok COUVtys l.d evelopam t Coda Sea 30.1221 ) (10ehks: ~ z "Oma C— aeL®pbyeepkae Cod %S- 30.l dwld'mg ofehildrm." skpe mk fecilitykwima boh City MWmkrspivge evd se®vpleC imty. me t�..l o navem +a ®eo,. b ,t tkdamesedslume[ouse [ wmulmlatRasedWmttie m +aepee.m: roilolvkg.e m—ambax.w�pax'ag,pae,. ¢ memaa a.`3ar9tnsa�eerr.3.a.ea�.mr 3 DEVELOPMENT NOTES: �.apappp p.nm m9,:o`e pa ea 1 6, 4 oP 10 5rrs 5w xwge \ h / ELEC. RNX I o f IIIi fT. HO1E: 51T: COHT1ACENR 91H1 GWHOHT:E OLL lITFRIH OHIANi 0 TiEES i0 TIE ONXER POR 11FPA /F1ET IXSiN1AO0N. ti PROW IO EE. U MI CR ZOYSIA A \ \ UO GRASS G LN.N SS �( (([��- 1 rRarwW IRRSnnary aeu �I IN M E OIXI6T ME SHRUBS OONREUB S NE OHO R TIE SNIL 0 IN TI "" OF TIE fiXJHi UN 91/11 RENNrW SUITA NTI OBLONG; TERM BEDDING 9 RLL NATIiIlL / IHAi 5 6UIiPALE FOR LONG TAI B�EgN SOILS U r � W ww� 0 Tl I A } LANDSCAPE CHART: 1 STORY � BUILDING �k k \ x ZOYSIA } / � IANX CRA55 x /8880 }/ X � 6EGEfATON TYPE SNBOL KEY # COMMM NONE: BOTANIC& NAME SIZE: WAMR USAGE. LOKIPY TiEE ® -13 NE ONI OUERGUS ,p GW., IN MIN. H—T LOW NRCIXIMA UHOEW SIIXO 3 v Uml• —NUIfIARA, 30 Gk., ]' NIx. HEKNi LOW vn E GEM' UxOERSINRY TREE -� — ZSNIOL PWN llNEilo 2' SPREAD, f£W CROAN LOW lITF'S O6W 91PUB- 135WpXUN 9J UN l GM. b" HIGH, M' O.C.—Will N' 6PWIAGU �PHN6U5 --- - � sHRUe ooao � — FEIw oEx9RNRU�3 ceL za' xK:x, 30' o.c. Lo UNH —S ZOYSIA GR6s FWONi YOHO U. 9OE k R AA IANH GR0.55 ZOYSIA CRaS SIDE d REAR YOAOS LOW MULCH I 91FWOW RHE 3 NIN. TIIGKNESS O 91RI — OF - TEES h NS AND MIN. 6 IN RAYGROUNO AREA 7' -8 3/4" 10' -7 cn z 0 0 C �J Fri FF o r r Fri Fri C C D � D C) � CD ED 0 c� _ BUILDING ELEVATIONS AMERICAN CIVIL m PARK MANOR ACADEMY ENGIN CO. N +" WINTER SPRINGS, FLORIDA 1 7'-8 3/4" 40 00, 17' - 3/4" 40 00, iD' 7 1/2" 0' -7 1/2" 10' 0" 0' -0" O IL L, OOOOOO ITl D FT � � 000000 rT� m _o o a ° o ° o ° o ° o ° o ° o 000000 000000 _ BUILDING ELEVATIONS m P AMERICAN CIVIL q PARK MANOR ACADEMY ENGINEERING CO. m N O 1e Pu iiiti aAe N n WER SPRINGS, FLORIDA ATTACHMENT "D" Sec. 20 -33. Conditional uses. (a) Any real property owner may file a conditional use application requesting a conditional use of their real property providing the conditional use is listed in the applicable zoning district category. (b) The planning and zoning board shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) 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 - generating characteristics, and offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. (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 other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. (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. (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. (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. (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. (Ord. No. 2004 -49, § 2, 12- 13 -04; Ord. No. 2010 -09, § 2, 4- 26 -10) Sec. 20 -36. Expiration of conditional use, variance and waiver approvals. (a) Any conditional use, variance or waiver approved by the city commission under this Division 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 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. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city commission finds that these unexpired permits may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unexpired conditional use, variance, and waiver previously granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use, variance, and waiver permit that does not comply with the provisions of this section and to require the property owner to reapply, under current circumstances, for said permit should the property owner desire or need said permit. (Ord. No. 2004 -49, § 2, 12- 13 -04) Sec. 20 -208. Conditional uses. (a) Conditional uses allowed within R -1AAA, R -1AA, R -1A and R -1 Single - Family Dwelling Districts. (b) Multi -use projects that include a vertical mix of uses designed along the principles of the Town Center. Such projects shall be exempted from section 20 -209, regarding building height regulations, and section 20 -211, regarding front, rear and side yard regulations. Such projects, however, are still subject to the provisions and requirements of the Town Center District Code. (c) Day nurseries, kindergartens and day cares. For purposes of this subsection, "day nurseries, kindergartens and day cares" shall not include "family day care homes" as defined by Florida law. (Ord. No. 44, § 44.45.3, 1 -8 -68; Ord. No. 68, § XII, 11- 29 -71; Ord. No. 240, § 7, 5- 26 -81; Ord. No. 2004 -49, § 2, 12- 13 -04; Ord. No. 2005 -09, § 2, 3- 28 -05; Ord. No. 2007 -20, § 2, 7 -9 -07)