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Home My WebLink About2014 10 01 Public Hearing 501 Temple Israel Conditional Use PLANNING & ZONING BOARD AGENDA I T E M 5 O 1 Information Public Hearin X Re ular October 1, 2014 Meeting REQUEST: The Community Development Department — Planning Division requests that the Planning & Zoning Board consider a Conditional Use request for an adult daycare center at Temple Israel Synagogue, which is located at 50 South Moss Road. SYNOPSIS: Staff has received a Conditional Use application for an adult daycare center located at 50 South Moss Road, the site of the Temple Israel Synagogue. The adult daycare facility will be located within a 1,300 square foot portion of the synagogue and will consist of adult daycare services for seniors ages 60 and up who need assistance or supervision during the day. According to the operator, the adult daycare center will be licensed for approximately 24 individuals,but it is anticipated that not more than 18-20 adults will be in attendance at any given time. 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: Applicant- Share the Care, Inc., 1524 Formosa Avenue, Winter Park, FL 32789, Authorized Representative - Tamika Harri s. • Propertv owner's name(s): Temple Israel • Property addresses: 50 South Moss Road • Propertv Parcel ID number: 03-21-30-504-0000-0010 • Current FLUM Desi�nations: Medium Density Residential October 1,2014 Plaiuung&Zoning Board Agenda,Item 501 Page 2 of 8 • Current Zonin�Desi�nations: R-3 (Multiple Family Dwelling) • Previouslv A�proved Development permits such as conditional use, waiver, or variance (if an : Not applicable • Development A�reements (if any�: No known development agreements • Pendin� Code Enforcement Actions (if any�: No pending Code Enforcement Actions • City Liens (if any�: No known City liens. 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 20-208 (a). Conditional Uses R-3 (Multiple Family Dwelling) zoning district Winter Springs Code of Ordinances, Chapter 20, Section 20-421 Public, Private and Charter School and daycare center siting criteria. DISCUS SION: The applicant is requesting approval of a Conditional Use for an adult daycare center, which is proposed to be located at 50 South Moss Road,the site of Temple Israel Synagogue. The adult daycare will be conducted from two rooms within the synagogue that total approximately 1,300 square feet in area. The adult daycare center will operate Monday through Friday,between the hours of 7:30 am and 5:30 pm. According to the operator, the adult daycare center will be licensed for approximately 24 individuals,but it is anticipated that not more than 18-20 adults will be in attendance at any given time. The primary purpose of the adult daycare facility is to provide care and companionship to adults who need assistance or supervision during the day. According to the operator, the clients are primarily senior citizens who are ages 60 and up. 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 adj acent land uses, and will not adversely impact land use activities in the immediate vicinity. The proposed adult daycare use within the existing synagogue building will not generate additional traffic and off-site impacts than the synagogue does during times when religious services are held. The proposed use is compatible and harmonious with the October 1,2014 Plaiuung&Zoning Board Agenda,Item 501 Page 3 of 8 surrounding area and will not adversely impact land use activities in the immediate vicinity. No activities are 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. According to the Seminole County Property Appraiser, the existing building has been located on the property since 1974.Access and internal circulation are sufficient enough to accommodate religious services at times when they are held. The adult daycare will operate Monday through Friday and will not be operating during times that religious services are ongoing. The adult daycare will be conducted from two rooms that total approximately 1,300 square feet in area.According to the operator, drop-off times for the adult daycare center will be staggered at a rate of two per half hour.Attendees will be dropped off by a family caregiver.This will alleviate concerns regarding vehicles queuing into the adjacent roadways. Operating hours are between the hours of 7:30 am to 5:30 pm.According to the operator, employee parking will total approximately three to four cars. 3. Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. The existing synagogue that the adult daycare facility is proposed to be located in is tax exempt as it is a religious use. Therefore, no additional adverse impacts on the local economy are anticipated. 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. The adult daycare is proposed in an existing building that is used as a synagogue. Therefore, no adverse impacts on the natural environment are anticipated. 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. The use is proposed within an existing building that is used as a synagogue.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. October 1,2014 Plaiuung&Zoning Board Agenda,Item 501 Page 4 of 8 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 in an existing building that is currently serviced by City water and sewer. The existing synagogue that the adult daycare facility is proposed to be located in is tax exempt as it is a religious use.Therefore,no additional adverse impacts on the local economy are anticipated. The clients will primarily arrive and depart the facility via private automobile. Clients will be dropped off and picked up by a family caregiver. 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 an adult daycare center 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: 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. It is the interpretation of City Staff that this criteria is applicable to juvenile daycare uses,not an adult daycare whose primary purpose is to provide care and companionship to adults who need assistance or supervision during the day.According to the operator, the clients are primarily senior citizens who are ages 60 and up. 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. According to the Seminole County Property Appraiser, the existing building has been located on the site since 1974. Access and internal circulation are sufficient enough to accommodate religious services at times when they are held. The adult daycare will not be operating during times that religious services are on-going. Moreover, the proposed use is not a school,but an adult daycare center whose primary purpose is to provide care and companionship to adults who need assistance or supervision during the day. October 1,2014 Plaiuung&Zoning Board Agenda,Item 501 Page 5 of 8 3. New school sites must minimize potential detrimental impacts on adj acent 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. It is the interpretation of City Staff that this criteria is applicable to juvenile daycare uses,not an adult daycare whose primary purpose is to provide care and companionship to adults who need assistance or supervision during the day.According to the operator, the clients are primarily senior citizens who are ages 60 and up. 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. The proposed adult daycare facility is located in an existing synagogue.It is City Staff s opinion that 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 have been satisfied.The use is contained within the existing building, and will not pose detrimental impacts on adjacent uses. 5. Demonstrate whetherthe proposed school use is compatible and harmonious with adjacentland 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 adult daycare's primary purpose is to provide care and companionship to adults who need assistance or supervision during the day. Since the proposed facility is within an existing synagogue there should be little to no interference with the educational environment.According to the operator,the clients are primarily senior citizens who are ages 60 and up. 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. According to the operator, the clients are primarily senior citizens who are ages 60 and up. Access and internal circulation are sufficient enough to accommodate religious October 1,2014 Plaiuung&Zoning Board Agenda,Item 501 Page 6 of 8 services at times when they are held. The adult daycare will not be operating during times that religious services are ongoing. According to the operator, drop-off times for the adult daycare center will be staggered at a rate of two per half hour. Attendees will be dropped off by a family caregiver. This will alleviate concerns regarding vehicles queuing into the adjacent roadways. Operating hours are between the hours of 7:30 am to 5:30 pm.According to the operator,employee parking will total approximately three to four cars. 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. It has been determined that no off-site improvements are necessary as the proposed adult daycare center will be located within a portion of an existing synagogue totaling approximately 1,300 square feet in area. The site on which the use is proposed has been designed to accommodate traffic impacts that are generated from religious services. South Moss Road has an existing sidewalk network that can safely accommodate pedestrians. 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 not anticipated to have adverse impacts on public services as it is located within an existing building that is connected to City water and sewer services and utilizes City police and Seminole County Fire Department services. South Moss Road has an existing sidewalk network that can safely accommodate pedestrians entering and exiting the site. Additionally, South Moss Road has been designed to safely accommodate bicyclists that would travel to the facility. However,the majority of trips to the adult daycare facility will be via automobile. lO.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. October 1,2014 Plaiuung&Zoning Board Agenda,Item 501 Page 7 of 8 It is the interpretation of City Staff that this criteria is applicable to juvenile daycare uses,not an adult daycare whose primary purpose is to provide care and companionship to adults who need assistance or supervision during the day.According to the operator, the clients are primarily senior citizens who are ages 60 and up. 11.Ensure compliance with the United States Department of Transportation's Safe Route to Schools initiative. It is the interpretation of City Staff that this criteria is applicable to juvenile daycare uses,not an adult daycare whose primary purpose is to provide care and companionship to adults who need assistance or supervision during the day.According to the operator, the clients are primarily senior citizens who are ages 60 and up. 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 network along South Moss Road,which has a direct sidewalk connection to the daycare's front entrance. The site has safe vehicular driveway access to South Moss Road. South Moss Road is designed to accommodate bicycle traffic. The clients will be primarily arrive and depart the facility via private automobile.Clients will be dropped off and picked up by a family caregiver. 13.Demonstrate that the proposed use will not have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. The existing synagogue that the adult daycare facility is proposed to be located in is tax exempt as it is a religious use. Therefore, no additional adverse impacts on the local economy are anticipated. 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. The existing synagogue that the adult daycare facility is proposed to be located in is tax exempt as it is a religious use. Therefore, no additional adverse impacts on the local economy are anticipated. October 1,2014 Plaiuung&Zoning Board Agenda,Item 501 Page 8 of 8 FISCAL IMPACT: There is no additional negative fiscal impact associated with this agenda item as the adult daycare center is proposed to be located within a portion of an existing synagogue,which is tax exempt as it is a religious use. 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 an adult daycare facility at Temple Israel Synagogue, which is located at 50 South Moss Road and forward said recommendation of approval to the City Commission. ATTACHMENTS: A. Conditional Use application I ' C � TY OF WINTER SPR � NGS � `� COMMUNITY DEV�LOPMENT D�FARTMEiVT I126 STATE ROAD 434 WXNTER SPRINGS, FL 32708 ��o�a3g�� 407�327-5966 �AX:407-327-6fi95 _ JQ • r ` � t�c /�� BOARD OF A�,TUS7M �l�7 APPL[CATI�N � CONDITiONAL LlSE 1 SPECIAL EXCEPTION ❑ VARIANCE ❑ WA1V�R APPLICANT: � �C1.��- � [�,f�P � �C • ... Iast F�rst Middle MAT�,nvG�n�ss: �2.� ��1'�'t�SL� �✓� . ._ �i!1°� P�-�K f �L 3� '1�`�d PHOIVE&EMAII, �� I r City��:)" �J�� state zip Code �f Applicant does NOT own the property: PROPERTY OWNER: � ��. � La t k'irst Middle MAILING ADDRESS: � �a '��"�S 5 ��G�l a P�� , 5 � ��D� c� s�te ziP coae �xorrE&Er�AU, _�4'1' l��— 3a�S ��f��, �.. ��€1��'�a�. �r��_�.�. .. T�is request is far the real property described beIow: PROP�RTY ADDRESS: S c� 'y� s FL ;�,��Q� TAXPARCEL,N�U:MBER:��]�'^''�� ^��`�'+ �}��'` C�� SIZE OF PARC��.: ��}�� Square Feet Acres � �EXISTlNG LAND USE:� __ Current FU'1`URE LAND USE Classification:__ I✓�� . __ G�rrent ZONING Classi�cation: �` � Please s�ate YOUR REQUEST: �iz^��i` �� C�� I�pzil 49 The APPLICANT IS RESPONSIBLE for posting the blue notice card(provided by the City}on the site at Ieast SEVEN{7)DAYS prior to the Soard of Adjustment Meeting at which the matter will be considered. Said notice sha11 NOT be posted within the City right-of-way. A11 APPLICANTS shall be afforded minimal due process as requixed by law,including the right to receive notice,be heard,present evidence,cross- examine witnesses,and be represented by a duly authorized representative. The CITY COMMIS510N shall rendex all�inal decisions regarding variances,canditio�ai uses and waivers and may impose reasonable conditions on any approved variance,conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable cnitezia and ather applicable provisians of the City Code and Comprehensive�laz�. A11 formal decisions shatl be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20,Zoning. APPLICANTS are advised that if,they decide to appeal any decisions made at the meetangs or hearings with respect to any zzzatter considered afi the meetings or heariu�gs,they�rill need a record of the proceedings and,for such purposes,they will need to insure that a verbatirn xecord of the proceedings is made,at their cost,whi ch includes the testimony and evidence upnn which the appeal is to be based,per 286.0105,Florida 5tatutes. Any CONDITIONAL USE,VARIANCE,or WAIV�R which may be granted by the City Commission shall expire two(2)years after the effective date of such approval by the City Commission,unless a buildi�g permit based upon and incorporating the conditianal use,variance,or waiver is issued by t}�e City within said time period. Upon written request of the property owner,the Czty Cornrnission may extend the expiration date,without public hearing,an ac�dztional six(6)manths,provided the property owner demonstrates good cause for the extensaon Tn addition,if t7�e aforementioned buiIding perzn�t is timely issued,and the building permit subsequently expires and the subject development project is abandoned ar discontinued for a period of six months,the conditional use,variance or waiver s�all be deemed expired a�d null and void. (Code of Ordinances,Section 20-36.) APF'LICAT�ON FE�S: FEES are as SHOWN BELOW plus ACTUAL.COS`i'S incurred for ADVEATISING or NOTIFZCATION, and for REIMBUASEMEN'T for TECHN�CAL anci/or PROFESSIONAL SERVICES whzcb may be required in conn.ection with the review,inspecEion or approvai of any development(based on accounting submitted by the City's Consultant),payable prior to appraval of the pertinent stage of development. CONDITIONAL USE/SPECIAL EXCEPTiON $ 500 WAIVER $ 500 VARIANCE $ 500 7HE FOLLOWING ITEMS ARE TO BE SEJPPLI��WITH THIS APPLICAT�O�I: CJ A copy of the most recent SLJRVEY of the subject property. ❑ A copy of the LEGAL D�SCRIPTION re�lecting the property boundaries. ❑ �1 x 97 MAP showing ADJACEN�'S7REETS and ZQNING AND LAND USE classifications on the ADJACENT PROP�RTY. 0 JUSTIFICATION for the Requesi{See Attached List) ❑ NAMES and ADDRESSES o'f each prop�rty owner within 150 ft. of each �roperry line. ❑ Noiarized AUTHOFiIZA710N of the Owner, IF the Applicant is other than the Owner or Attorr�ey for the Owner(see below). 2 a��ta� Sy submitting tlxis appIication you hereby grant temporary rigt�t of entry for city ofi�icials to enter npon the subject property forpurposes o£evaluateng this application. �*��:�**��:��*�*�*�*��r�a�*�**�*�*��:x**�*�****�x**�*�*�tt�*�=�:��:��****a�**�*�**�x:x��**��*� FOR llSE WHEN AFPLICANT IS C3WNER�F TH�SUBJECT REAI. 1'ROPERTY: This is to certify that I am the Owz�ex in fee simple of subject lands described within this Applicat7ion for Board of Adjustxnent consideration: Signature of Ornmer Swom to and.subscribed before me this �day of__.�pt' 20�. Notary Public My Comzxsission expires: Personally Knovcm Produced Identi�cation: (xype} Did take an Oath Did Not take and Oath :x:��*��*�*��*�**�*�*�a��*��*��x�.��*��**��*�*��*��*x��*��*$��*��*�*=�**=z*��*�� FOR USE WHEN AP�L[CANT IS I�OT OWNER OF THE SUBJECT REA�PROPERTY: I,�,��°'� _��A�� do hereby,with my notaz-ized signature,allow �' �.� �- �Am� �-�� Eo represenY me in this Application relateci to my property. The i- � pz'opert�identified as: TaY P eI Number(s) t3� a a.l—3c�--,s r�'� °°d e>c�c� �--e�v/ C? �o t dat / .5�� i�a' ��d fvar,a-- --�/ � 27v � ;' Signat � of Own Sworn�t�d subscribed before me#his ` � ��- day of <.S�i _20�. Public My Commission expires: �/'I � / ,_�_�'ersonaIl�r Known �, , Produced ID:(Type) ;��;: �.D��'$�$��/�� Did take an Oath 's�� '�= �UlY CO�lAA[Su�N#�c��gg�Q� Did Not take and Oath �' , • �XF�lIiES Apri!71.2Qf B r�o�l�us.oiss � � ��x�*��*��*��*�*�:**�**��:x�*�:x�**�*�**��*�****�**��*�**�**��*��*��:��*��*��*��*� 3 np�a� CON�ITIONAL USE PERMIT REQUEST Taken from Winter Springs Code of Ordinances, 5ection 20-33(d): All Conditional Use recommendations and final decisions shalf be based on tf�e following criteria to the e�ctent applicable. Attach additional paper as necessary: ❑ What is the Conditionaf Use you are requesting?��'� ��c�{ cG�� ° .�� ❑ How is the Conditionaf Use (including its proposed scale and intensity, traffic- generating charaeteristics, and offsite impacts) compatible and harmonious with adjacent land uses? � , � � � _E��1� �C��s � _ -___ _ ❑ Wil[ the Canditional Use ad�ersely impact land use activities in the immediate vicinity? If no, why not? �,/�. . -- _ �� z�� j��a.D.�� s r�a.�f : r`�~�rr:�-, ❑ Demonstrate how the size a�d shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate � the proposed scale and intens�ty of the conditional use requested. The site shall be of sufFicient siz� to accommodate d�sign amenities such as screening buffers, landscaping, open spac�, off-str�et parking, and other similar site plan improvements needed to mitigate against pofientia[ ad�erse impac�s of the proposed use. � � 8 ��o� ❑ Wifl the proposed use ha�e an adverse impact on the local economy, including go�ernmenta! fiiscal impact, employment, and property values? If no, why not7 ��x ��L ��...f � �1'Ti�''3��'_ �Y�� G�. ` �. � s ' �� 5��''S@ � �. ❑ Will the proposed �se ha�e an ad�erse impact on natura[ environment, including air, water, and noise pol[ution, vegetafiion and wildlife, open space r�oxious and desirable vegetation, and �food hazarcls? If no, why not?�('ja -� � ,� � � � ❑ Will the prQposed use have an advers� impact on histaric, scenic and cultural resources, including �iews and visfias, an loss or degradation of cuitura[ a�d historic resources? If no, why not?� C� . � z� � a ❑ Will the proposed use F�ave an ad�erse impact on pubfic services, including water, sewer, surFac� water management, police, fire, parks and recreation, streets, public fransportation, marina and waterways, and bicycle a�d pedestrian facilities? If no, why nof? �¢�, �� _��/� . �; ❑ Will the proposec{ use have an ad�erse impact on ho�sing and social conditions, induding a variety of housing unit �pes and prices, and �eighbarhood quality? If no, why not? � ,_,^^ U�� I I��t3� �'�c� C'��d��c��tG�� 9 �p�a o� �,� �� -- . ' �_.,... � _ � � ' . . .. . • ... . . - �: � . - ' �, . . � f _.- . ,., � � � . .i � � - . � � + f . v,, . . � � , ' � �-�#---� , � . � � i � • � � ;, � . � K � � �� ! . 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