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
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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