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HomeMy WebLinkAbout2014 03 05 Public Hearing 500 Daycare and School SitingPLANNING & ZONING BOARD AGENDA ITEM 500 March 5, 2014 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Planning & Zoning Board consider 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 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. 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 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. March 5, 2014 Planning & Zoning Board Agenda, Item 500 Page 2 of 6 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 Designations: Not applicable • Current Zoning Designations: Not applicable • Previously Approved Development permits such as conditional use, waiver, or variance (if any): Not applicable • Development Agreements (if any): Not applicable • Pending Code Enforcement Actions (if any): Not applicable • City 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 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. March 5, 2014 Planning & Zoning Board Agenda, Item 500 Page 3 of 6 Policy 1.11.11: Consistency with Code and Interlocal Agreements. Require public schools to develop consistent with the 200 7InterlocalAgreementfor Public School Facility Planning and School Concurrency As Amended January 2008, the City's Comprehensive Plan, and the City's Code of Ordinances. City of Winter Springs 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 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 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 C-1 (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." March 5, 2014 Planning & Zoning Board Agenda, Item 500 Page 4 of 6 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 classification Zoning District Conditional Use required Permitted Use Daycare center R-lAAA Yes No School (public, private, charter) R-C 1 Yes No R-lAA Yes No R-lA Yes No R-3 Yes No R-1 Yes No C-1 Yes No C-2 Yes No R-U Yes No Town Center Yes No C-3 Yes No PUD Yes No 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: 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. 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. March 5, 2014 Planning & Zoning Board Agenda, Item 500 Page 5 of 6 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. 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 adjacent 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. March 5, 2014 Planning & Zoning Board Agenda, Item 500 Page 6 of 6 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: 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 Ordinance 2014-09, which proposes to amend the City's regulations regarding schools and daycare centers, and forward recommendation of approval to the City Commission. ATTACHMENTS: A. Ordinance 2014-09 ORDINANCE NO. 2014-Q9 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 Village of Euclid, Ohio v. Ambler Realty 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 City of Winter Springs Ordinance No. 2014- Page 1 DRAFT 2/13/2014 WHEREAS, due to the aforesaid concerns, the City Commission finds that it more 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 str-ikeatit 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-1AAA Single Family Dwelling Districts. Sec. 20-123. — Conditional uses. City of Winter Springs Ordinance No. 2014- Page 2 DRAFT 2/13/2014 (5) Daycare centers Division 3. — R-CI Single -Family Dwelling District. Sec. 20-143. — Conditional uses. (5) Daycare centers Division 4. -- R-1AA and R-1A One -Family Dwelling Districts. Sec. 20-163. — Conditional uses. (7) Daycare centers. Division 6. — R-3 Multiple -Family Dwelling Districts. Sec. 20-208. — Conditional uses. (a) Conditional uses allowed within R-lAAA, R-lAA, R-IA and R-1 Single Family Dwelling Districts. City of Winter Springs Ordinance No. 2014- Page 3 DRAFT 2/13/2014 Division 7. C-1 Neighborhood Commercial District. Sec. 20-232. — Uses permitted. ; RESERVED. Sec. 20-234. — Conditional uses. 6 Schools (7) Daycare centers Division 8. C-2 General Commercial District. Sec. 20-254. Conditional uses. 9 Schools (10) Daycare centers Division 9. R-U Rural Urban Dwelling Districts. Sec. 20-267, Uses Permitted. (5) blie seheals. Other- seheals fiat ha-ving a etir-r-ietiltiffi may be operated, provided a per-mit Reserved. City of Winter Springs Ordinance No. 2014- Page 4 DRAFT 2/13/2014 Sec. 20-268. Conditional uses. (5) Schools (6) Daycare centers Division 12. Town Center District Code. Sec. 20-323. Permitted uses. T1 T2 T3 T4 T5 Day-care centers . Schools Sehee1s Professional service and vocational schools (such as cosmetology, medical and dental assistant's training) Division 15. C-3 Highway 17-92 Commercial District. Sec. 20-346.3. Conditional uses. (10) Daycare centers (11) Schools City of Winter Springs Ordinance No. 2014- Page 5 DRAFT 2/13/2014 PSE PSE PSE SE SE SE SE P P Article IV. Planned Unit Developments. 20.353. Standards for planned unit developments. (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 daycare centers shall be subject to conditional use permit requirements under the City 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 daycare center siting criteria. Daycare centers and schools (hereinafter referred to as "school" in this section) present unique planning/zoning issues and challenges for the City and surrounding land uses. Therefore, all schools must be deemed compatible with surrounding land uses by the City before any development permit may be issued for a new school or the expansion of existing school. In addition to complying with any other applicable provision of the City Code including, but not limited to, conditional use and special exception requirements, and applicable provisions of the City's Comprehensive Plan, compatibility shall be determined by satisfying all of the following factors: 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 City of Winter Springs Ordinance No. 2014- Page 6 DRAFT 2/13/2014 proposed school prior to any development to ensure safe and efficient transport of students to and from any school. 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. 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. 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 adjacent 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. City of Winter Springs Ordinance No. 2014- Page 7 DRAFT 2/13/2014 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. 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. City of Winter Springs Ordinance No. 2014- Page 8 DRAFT 2/13/2014 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 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- Page 9 DRAFT 2/13/2014