HomeMy WebLinkAboutOrdinance 2014-09 Siting of Schools and Daycare Centers ORDINANCE NO. 2014-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; REGARDING THE SITING OF SCHOOLS AND
DAYCARE CENTERS; AMENDING THE LIST OF
PERMITTED AND CONDITIONAL USES IN APPLICABLE
ZONING DISTRICTS REGARDING SCHOOLS AND
DAYCARE CENTERS; ESTABLISHING REGULATIONS
FOR THE LOCATION OF FUTURE SCHOOLS AND
DAYCARE CENTERS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission is also vested with comprehensive zoning authority
over land located within the jurisdictional limits of the City. See 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
WHEREAS, due to the aforesaid concerns, the City Commission finds that it more
City of Winter Springs
Ordinance No.2014-09
Page 1
appropriate to require schools and daycare centers to go through the applicable conditional use and
special exception procedures set forth in the City Code before the City approves and issues a
development permit authorizing such use and to require applicants for new or expanding schools
and daycare centers to demonstrate compliance with supplemental zoning criteria related to the
siting of such facilities within the City; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose related to the City's implementation of comprehensive zoning and regulating
the appropriate location of various kinds of land uses within the City for the betterment of the
entire community; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1., Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Amendment to the List of Permitted and Conditional Uses. The City
of Winter Springs Code of Ordinances, Chapter 20, Article III Establishment of Districts, and
Article IV Planned Unit Development, regarding the list of permitted and conditional uses for
schools and daycare centers is hereby amended as follows(underlined type indicates additions and
strikeout 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.2014-09
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(5) Daycare centers
* * *
Division 3.—R-C1 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-1AAA, R-1AA, R-1A and R-1 Single Family Dwelling
Districts.
* * *
. . - - - - - -- . ": L
- ., . . . -. - " - - - - - " ., . . _., _ . _ " - - -- - - . . . .
* * *
Division 7. C-1 Neighborhood Commercial District.
City of Winter Springs
Ordinance No.2014-09
Page 3
* * *
Sec. 20-232.— Uses permitted.
•_- , . . _ . . - - : _. .•- - : - - __ .. _. _. .•. _ ; RESERVED.
Sec. 20-234.—Conditional uses.
* * *
(6) Schools
(7) 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) ' . . •- - .. . . . _ _- - -. •- - - -: -_ - - . _ _ . -
• _. - . _ _. - . •; Reserved.
* * *
Sec. 20-268. Conditional uses.
* * *
(5) Schools
City of Winter Springs
Ordinance No.2014-09
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(6) Daycare centers
* * *
Division 12. Town Center District Code.
* * *
Sec. 20-323. Permitted uses.
T1 T2 T3 T4 T5 CIP
* * *
Day-care centers - -- - , • - - • • = • • • - -• PSE PSE PSE
* * *
Schools SE SE SE
Scheels,Professional service and vocational schools
(such as cosmetology,medical and dental
assistant's training) SE P P
* * *
Division 15. C-3 Highway 17-92 Commercial District.
* * *
Sec. 20-346.3. Conditional uses.
(10) Daycare centers
(11) Schools
* * *
Article IV. Planned Unit Developments.
* * *
20353. Standards for planned unit developments.
City of Winter Springs
Ordinance No.2014-09
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3
* * *
(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
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
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Ordinance No. 2014-09
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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.
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.
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Ordinance No.2014-09
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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.
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 28th day of April, 2014.
CH• ' ES LA ,M: -or
City of Winter Springs
Ordinance No.2014-09
Page 8
ATTE 1 :
'.a9"' •RENZO-LUACES
City C erk
APPROV,.a1 S TO LEGAL FORM AND SUFFICIENCY
FORT , OF WINTER SPRINGS ONLY.
A THONY A. GARGANESE
City Attorney
First Reading: March 24, 2014
Second Reading: April 14, 2014
Legal Ad Published: April 3, 2014 and April 20, 2014
Effective Date: April 28, 2014
City of Winter Springs
Ordinance No.2014-09
Page 9