Board of Zoning Adjustment West Orange County Relief High School September 6, 2013 West Orange County Relief High School
West Orange County Relief High School
Discussion • School Need • Acquisition History • School Site Coordination • Special Exception Criteria • Closing West Orange County Relief High School
School Needs West Orange County Relief High School
West Orange County Relief High School
West Orange County Relief High School
West Orange County Relief High School
West Orange County Relief High School
Projected HS Students at Buildout with All Approved Development and CEAs ! West Orange County Relief High School
Acquisition History West Orange County Relief High School
Acquisition History • Real estate market conditions 2003 – 2006 • Property held by two Family Trusts One agreed to sell and negotiated a contract The other did not agree to sell - property was acquired via eminent domain • 12/1/08 -- 2.67 acres Conveyed to Orange County (Right-of-way for Winter Garden Vineland Widening Project) West Orange County Relief High School
Acquisition History Acquisition by Eminent Domain • Unable to obtain Special Exception until acquisition complete • Conducted discussions with Orange County confirming consistency with the Future Land Use Map and requested consistency letter • Relied on School Siting Ordinance allowing high school in rural settlement by Special Exception West Orange County Relief High School
Coordination West Orange County Relief High School
School Board and County Coordination Florida’s Community Planning Act and Education Code require counties to coordinate comprehensive plans with the School Board. Fla. Stat. section 1013.33(3)(2013) A board and the local governing body must share and coordinate information related to existing and planned school facilities. West Orange County Relief High School
School Board and County Coordination The proposed school site satisfies the coordination requirements • Orange County and the School Board expended considerable effort to coordinate and adopt the Future Land Use and Public Schools Elements, Goals, Objectives and Policies in support of planning decision-making. • The School Board approved the School Siting Ordinance and the School Facilities Element on August 27, 1996 and September 9, 1997, respectively. • In all of these well thought-out and coordinated Goals, Objectives and Policies (“GOPs”), none preclude a high school in a Rural Settlement. West Orange County Relief High School
A School is Permitted by Special Exception Sec. 38-1751 – Zoning categories in which schools are allowed As indicated in sections 38-77 and 38-79 (139, 140, 141) public school faciltities may be located as follows: (1) Public Schools shall be permitted by right or by special exception in the following zoning categories, subject to the site and development standards set forth in sections 38-1753 and 38-1755 West Orange County Relief High School
Special Exception Criteria West Orange County Relief High School
Special Exception Criteria 1. Performance Standards The use shall meet the performance standards of the district in which the use is permitted. 2. Landscape Buffer Landscape buffer yards shall be in accordance with section 24-5 of the Orange County Code. Buffer yard types shall track the district in which the use is permitted. 3. Consistent with Comprehensive Plan The use shall be consistent with the comprehensive policy plan. 4. Compatible with the Surrounding Area The use shall be similar and compatible with the surrounding area and shall be consistent with the pattern of surrounding development. 5. Not a Detrimental Intrusion The use shall not act as a detrimental intrusion into a surrounding area. 6. Consistent with the Majority of Uses in District The use shall be similar in noise, vibration, dust, odor, glare, heat producing and other characteristics that are associated with the majority of uses currently permitted in the zoning district. West Orange County Relief High School
Special Exception Criteria 1. Performance Standards County Staff Agrees that The use shall meet the performance the School Site Submitted standards of the district in which the use is permitted. Meets: • The Performance Standards of the District. • The School Siting 2. Landscape Buffer Ordinance Requirements Landscape buffer yards shall be in accordance with section 24-5 of the • The Landscape Orange County Code. Buffer yard types shall track the district in which Buffering Requirements. the use is permitted. West Orange County Relief High School
Special Exception Criteria 3. Consistent with Comprehensive Plan The use shall be consistent with the comprehensive policy plan. 4. Compatible with the Surrounding Area The use shall be similar and compatible with the surrounding area and shall be consistent with the pattern of surrounding development. West Orange County Relief High School
Special Exception Criteria 3. Consistent with Comprehensive Plan The use shall be consistent with the comprehensive policy plan. County Staff’s Reliance on the Following County Staff Supports a Finding of Consistency with Comprehensive to Support a Recommendation of Plan Based on the Following: Inconsistency is Misplaced: Public Schools Element Future Land Use Element Goal PS1, PS2, PS3 Objective and Policies FLU 6.2, FLU Objective and Policies PS2.4, PS2.2.8, 6.2.5, FLU6.2.12, FLU 8.2, FLU 8.2.1, PS3.1.1, PS3.1.7, PS5.2, PS5.2.2, PS FLU8.2.11 5.2.4, PS5.2.7, PS5.3.6, PS6.1.9 Future Land Use Element Objective and Policies FLU8.7.6, FLU8.7.8, FLU1.2.5 Capital Improvement Element Policies and Objectives 1.13.14 West Orange County Relief High School
Consistent with the Comprehensive Plan Future Land Use Objective 6.2: Rural Settlements provide for a rural residential lifestyle. In some instances, Rural Settlements allow a transition of rural areas adjacent to the Urban Service Area while avoiding development in active agricultural areas. Rural Settlements were intended to recognize and preserve existing development patterns at the time the CP was adopted in 1991 . The creation of Rural Settlements recognized the need to maintain agricultural areas and rural uses in the Rural Service Area, while providing for rural communities. West Orange County Relief High School
Consistent with the Comprehensive Plan The Staff also relies upon Policy FLU 6.2.12 (in part) Any proposed use within a Rural Settlement intended for the new construction of a structure(s) with a Gross Buildable Area of 50,000 SF (on a cumulative basis) or more or projected to have a weekly trip rate of 10,000 total trips may be considered inappropriate for a Rural Settlement if the following conditions exist: The proposed use is located in a Rural Settlement t hat has maintained a rural and historic character , consistent with the intent of Rural Settlements. It is determined that the proposed use(s) by size, massing and traffic, will unduly impact the historic and rural character of the Rural Settlement. West Orange County Relief High School
Consistent with the Comprehensive Plan Comprehensive Plan Policy 6.2.2 designates ONLY the following historic rural settlement • Tangerine • Christmas • Gotha • Clarcona • Zellwood West Windermere is Not Historic West Orange County Relief High School
Consistent with the Comprehensive Plan The Surrounding Area The Surrounding Area Character is NOT : Character is IS : • Rural or Agricultural • Modern Upscale Suburban Development • Historic The Proposed School Is Consistent with the Comprehensive Plan West Orange County Relief High School
Proposed School Site FDOT Historical imagery – 2/12/90 West Orange County Relief High School
Proposed School Site Google Earth historical imagery 2/4/95 West Orange County Relief High School
Proposed School Site Google Earth historical imagery 1/5/99 West Orange County Relief High School
Proposed School Site Google Earth historical imagery 3/31/02 West Orange County Relief High School
Proposed School Site Google Earth historical imagery 5/7/07 West Orange County Relief High School
Proposed School Site Google Earth historical imagery 5/1/10 West Orange County Relief High School
Proposed School Site Google Earth imagery 1/22/13 Google Earth historical imagery 5/1/10 West Orange County Relief High School
Windermere Isles (gated) Bellaria (gated) C.R. 535 Magnolia Park (gated) Chaine du lac (gated) Butler Ridge Tildens Grove (gated) Lake Davis Reserve (gated) & Southern Acres Lake Davis Estates C.R. 535 Kelso Lake Cypress Cove • West Windermere is Waterstone (gated) Oxford not rural or historic. Moor (gated) C.R. 535 • The scale and Glenmuir intensity of the (gated) proposed high Lake Butler school is consistent C.R. 535 Sound (gated) with public high schools. West Orange County Relief High School Keene’s Point (gated)
Horizon West on left-hand side of C.R. 535 Proposed School Site on a four-lane highway West Orange County Relief High School
West Windermere Rural Settlement on left-hand side of C.R. 535 outside Oxford Moor Typical walled and gated subdivisions on a four-lane highway West Orange County Relief High School
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