Ord 18-02ORDINANCE NO. 18-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY
ADDING A NEW SUBSECTION 4.3.3(HHH), "PRWATE
SCHOOLS AND OTHER SIMILAR EDUCATIONAL
FACILITIES", AND BY AMENDING SECTION 4.4.12,
"PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION
('D), "CONDITIONAL USES AND STRUCTURES
PERMITTED", TO AIJ.OW PRIVATE SCHOOLS AND
OTHER SIMILAR EDUCATIONAL FACILITIES WITHIN
THE PC ZONING DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on May 20, 2002 and voted 4 to 2 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.3.3, "Special Requirements for Specific Uses", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be
amended by adding a new Subsection 4.3.3(HHH), "Private Schools and Other Similar Education
Facilities", to read as follows:
Section 4.3.3(HHH) Private Schools and Other Similar Education Facilities:
(1) Floor area: Facilities shall contain a minimum floor area of 35 square feet per child, exclusive
of space devoted to bathrooms, halls, kitchen, offices, and storage.
Loading area: A pickup and drop-off area for children shall be provided in a convenient area
adjacent to the building and shall provide clear ingress and egress to the building. A minimum
of a 100' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking area is
measured from the loading area and shall not block drive-aisles or parking areas. A greater
distance may be required by the approving body based on the intensity of the Private School.
A lesser stacking distance may be approved by the Board based on a traffic impact statement.
Pathways that cross vehicular use areas shall be defined by special parings, brick, striping or
other method acceptable to the Board.
Outdoor area: There shall be a minimum area of 75 square feet of outdoor play area per
student. The play area shall be located on the same lot as the principal use and shall not be
located in the front yard setback. The play area shall be surrounded by a 6'-high opaque fence
or chain link fence with a 6'-high hedge. Outdoor play areas shall meet the minimum setbacks
in the PC zoning district per LDR Section 4.3.4(1<). Relief from this requirement shall only be
granted by the City Commission through the waiver process [Section 2.4.7(B)].
Transport vehicles: For private schools that utilize transport vehicles, an area must be
designated for the parking/storage of these vehicles and that these areas be screened when
visible from a public right-of-way or residentially zoned property in accordance with LDR
Section 4.6.4(A) and 4.6.16(H)(3)(e).
Other regulations: AH Private Schools and Similar Facilities shall comply with the American
Disability Act (ADA), Standard Building Code, Fire Codes, and any other regulations
induding State and County regulations as may be required.
Private school facilities shall be limited to a maximum of 100 students when located in the PC
district.
Section 2. That Section 4.4.12, "Planned Commercial (PC) District", Subsection (12)),
"Conditional Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.12 Planned Commercial (PC) District:
02)) Conditional Uses and Structures Permitted: The following uses are allowed as
conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment
Area #6) Overlay District by Section 4.4.12(G):
(1)
All uses allowed as such within the GC District [Section 4.4.9(D)].
Playhouses, Dinner Theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances)
2 ORD. NO. 18-02
(3) Private schools and other similar educational facilities, subject to Section
4.3.3(HHH)
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective mediately upon its passage on
second and final reading.
4~ PASSEI~ AND
/0a day o£~
ADOPTED in regular session on second and final reading on this the
,2002.
Second Rea~m~/~-~/f,,~WeY, a~
MAYOR
3 ORD. NO. 18-02
CTrY O£ D£LRAY EACH
OTlCE
DE~P~ ~G~ONS OF
~ OF DE~ B~ TO ~ON
~D CO~RC~ ~ D~CT TO ~D
P~A~ ~~
EDUC~O~ FA~S ~ A CO~ON~ U~
~ SE~ON ~3. '~E~ ~Q~~
~R ~E~C USES" ~ ~O~E CER~
~G~ONS ~R
~e Ci~ ~sion of ~e Ci~ of ~y B~h, ~ofi~
to Mo~ ~e foHow~g ~ee:
o~~ NO. 1~
~ O~~ OF ~ ~ CO~SSION ~ ~ C~
OF DELRAY BEACH, ~OR~A, AME~G THE L~
DEVELOPME~ ~GULATIONS OF ~E CODE OF
O~ANCES, BY AME~G SEC~ON 4.3.3, "SPECIAL
~Q~~S FOR SPE~C US~", BY ~D~G A ~W
S~S~ON 4.3.3(~), 'P~V~ SCH~LS ~ ~R
S~ ~UCA~ON~ FAC~",
SE~ON 4A. 12, "P~D CO~RC~ ~) DIS~",
S~SE~ON ~), "CO~ON~ US~ ~ S~U~'
PE~D", ~ ~LOW P~VA~ SCH~ ~ ~R
S~ EDUCA~ON~ FAC~S ~ ~E PC
ZO~NG DIS~; PROV~ING A SAV~G ~AUSE, A
GE~ ~PEAL~R C~USE, ~ ~ E~~ DA~.
~e City ~ion will conduct two (2) ~blic H~gs for ~e
pu~ of a~pting public ~stimony reg~ding ~e
o~in~. ~e ~t ~blie H~ng will
4~ 2~2~ AT 7:~ P.M. ~ ~e ~ssion Ch~ at Ci~ H~I,
N.W. 1st Avenue, ~y B~ch, ~ofi~. ~ ~e pro~s~ ~in~ce is
p~s~ on ~t ~a~ng, a ~ond ~b~c H~g will ~ held on
~DAY, ~ 18, 2~2, AT 7:~ .P.M. (m at ~y ~n~on of
such m~ng, w~ch is ~t by ~e ~ssign).
~1 ~s~ ~ns ~ ~vi~ ~ ~nd ~e pubic h~ngs ~d
co~t ~n ~e ~ o~n~ or su~t
~fi~ on m ~fo~ ~e ~ of ~e~ h~gs ~ ~e P~g ~d
~ng ~p~nt. ~r ~er ~o~on or
pro~s~ ordinance,' plebe contact ~e ~l~ng ~d ~ng
Oep~enL Ci~ H~I, 1~ N.W. 1st Avenue, ~y B~h, ~ofi~
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~y, excl~g hoH~ys.
PLEASE BE ~SED ~T
~P~ ~ DECISION ~E BY ~ C~ ~SION
~ ~PE~ TO ~ ~R ~NS~D AT
~GS, SUCH PERSON ~Y ~gD ~ ENS~ ~T A
VE~A~ ~CO~ ~CL~ES
E~N~ ~N ~ ~ ~PE~
C~ ~ N~ PRO~E NOR P~P~ SU~ ~O~.
P~U~ ~ E S. ~6.01~.
PUBUSH: __9,_,~__ Ratm / Delmy Beach News
Fdday, May 24, 2OO2
Wednesday, June 12, 2002
Ad~ NS050250.
CITY OF DELRAY BEACH
Barbara Gar;to
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~\ 0 ,~x
AGENDA ITEM l'l - REGULAR MEETING OF JUNE 18, 2002
ORDINANCE NO. 18-02 (ALLOW EDUCATIONAL FACILITIES AS A
CONDITIONAL USE IN THE PLANNED COMMERCIAL (PC) ZONING
DISTRICT)
DATE: JUNE 14, 2002
This is second reading and second public heating for Ordinance No. 18-02 which amends the Land
Development Regulations (LDR), Section 4.3.3, "Special Requirements for Specific Uses" to add a
new subsection 4.3.3(HHH) "Private Schools and Other Similar Educational Facilities" and amending
Section 4.4.12, "Planned Commercial District" to allow private schools and other similar educational
facilities as a conditional use. The amendment will allow Nobel Learning Communities, Inc. to
operate a private school, Paladin Academy, at the Lake Ida Plaza which is currently zoned as Planned
Commercial.
The Planning and Zoning Board held a public hearing in conjunction with the request. There was
discussion between the applicant and the Board concerning the required 75' outdoor play area per
student for the school. After discussing this amendment, the Board voted 6-0 to recommend the
request be approved, based upon a positive finding with LDR Section 2.4.50V1)(5).
At first reading and first public hearing on June 4, 2002, the City Commission passed the Ordinance
No. 18-02 unanimously.
Recommend approval of Ordinance No. 18-02 on second and final reading.
S:\Cay Clerk\chevelle folder\agenda memos\Ord. 18.0Z06.18.02
TO:
THRU:
FROM:
SUBJECT:
DAVI D~I'Icc~ ~¢.~[VIANAG E R
PAUL DORLING, DIRE~)R OF PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER~~~__
MEETING OF JUNE 4, 2002
CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO ALLOW PRIVATE SCHOOLS AND OTHER SIMILAR
EDUCATIONAL FACILITIES AS A CONDITIONAL USE IN THE PC (PLANNED
COMMERCIAL) ZONING DISTRICT AND AMENDING THE SPECIAL
REQUIREMENTS FOR SPECIFIC USES.
Nobel Learning Communities, Inc. seeks to operate the "Paladin Academy" (a private school) at the
Lake Ida Plaza (southwest corner of Congress Avenue and Lake Ida Road). The property is located
in the PC (Planned Commercial) zoning district, however private schools are not specifically listed as
an allowable use in the PC zoning district. As the use is not specifically listed, the applicant has
requested a LDR text amendment to add private schools and other educational facilities as a
conditional use.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of May 20,
2002. There was a lengthy discussion concerning the amount of required outdoor play area for these
schools between the applicant and the Board. The applicant was concerned that the 75 square feet
per student recommended by staff was excessive. This standard was modeled after the minimum
required for day care uses. The applicant suggested 20% of the leased area or 1,240 square feet,
which equates to 15.5 square feet per student. The Board concluded that the recommended 75
square feet of outdoor play area per student was appropriate. After discussing the amendment, the
Board voted unanimously (6-0) [Randolph absent] to recommend to the City Commission approval of
the amendment to the Land Development Regulations to allow "Private Schools and other Similar
Education Facilities" as a conditional use, based upon a positive finding with LDR Section 2.4.5(M)(5)
and to amend the Special Requirements for Specific Uses to add requirements for this use.
By motion, approve on first reading the text amendment to the Land Development Regulations LDR
Section 4.4.12(D)(3) (Conditional Uses and Structures Allowed) to allow "Private schools and other
similar educational facilities" as a conditional use and add LDR Section 4.3.3(HHH) (Special
Requirements for Specific Uses) as noted in exhibit "A" of the Planning and Zoning Board staff report
dated May 20, 2002, based upon a positive finding with respect to LDR Section 2.4.5(M)(5), setting a
public hearing date of June 18, 2002.
Attachments: Planning & Zoning Board Staff Report of May 20, 2002 & Ordinance by Others
ORDINANCE NO. 18-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY
ADDING A NEW SUBSECTION 4.3.3(HHH), "PRIVATE
SCHOOLS AND OTHER SIMILAR EDUCATIONAL
FACILITIES", AND BY AMENDING SECTION 4.4.12,
"PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION
(D), "CONDITIONAL USES AND STRUCTURES
PERMITTED", TO AIJ.OW PRWATE SCHOOLS AND
OTHER SIMILAR EDUCATIONAL FACILITIES WITHIN
THE PC ZONING DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on May 20, 2002 and voted 4 to 2 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS:
Section 1. That Section 4.3.3, "Special Requirements for Specific Uses", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be
amended by adding a new Subsection 4.3.3(HHH), "Private Schools and Other Similar Education
Facilities", to read as follows:
Section 4.3.3(HHH) Private Schools and Other Similar Education Facilities:
(1) Floor area: Facilities shall contain a minimum floor area of 35 square feet per child, exclusive
of space devoted to bathrooms, halls, kitchen, offices, and storage.
Loading area: A pickup and drop-off area for children shall be provided in a convenient area
adjacent to the bnilding and shall provide clear ingress and egress to the building. A minimum
of a 100' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking area is
measured from the loading area and shah not block drive-aisles or parking areas. A greater
distance may be required by the approving body based on the intensity of the Private School.
A lesser stacking distance may be approved by the Board based on a traffic impact statement.
Pathways that cross vehicular use areas shall be defined by special pavings, brick, striping or
other method acceptable to the Board.
0)
Outdoor area: There shall be a minimum area of 75 square feet of outdoor play area per
student. The play area shall be located on the same lot as the principal use and shall not be
located in the front yard setback. The play area shall be surrounded by a 6'-high opaque fence
or chain link fence with a 6'-high hedge. Outdoor play areas shall meet the minimum setbacks
in the PC zoning district per LDR Section 4.3.4(K). Relief from this requirement shall only be
granted by the City Commission through the waiver process [Section 2.4.703)].
Transport vehicles: For private schools that utilize transport vehicles, an area must be
designated for the parking/storage of these vehicles and that these areas be screened when
visible from a public fight-of-way or residentially zoned property in accordance with LDR
Section 4.6.4(A) and 4. 6.16 (H) (3) (e) .
Other regulations: AH Private Schools and Similar Facilities shall comply with the American
Disability Act (ADA), Standard Building Code, Fire Codes, and any other regulations
including State and County regulations as may be required.
(6) Private school facilities shall be limited to a maximum of 100 students when located in the PC
district.
Section 2. That Section 4.4.12, "Planned Commercial (PC) District", Subsection 02)),
"Conditional Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.12 Planned Commercial (PC) District:
(12)) Conditional Uses and Structures Permitted: The following uses are allowed as
conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment
Area ~6) Overlay District by Section 4.4.12(G):
(1)
All uses allowed as such within the GC District [Section 4.4.9(12))].
Playhouses, Dinner Theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances)
2 ORD. NO. 18-02
(3) Private schools and other similar educational facilities, subject to Section
4.3.3(HHH)
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2002.
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading
3 ORD. NO. 18-02
:pLANNINGAND~ZONING BOARD~'MEMOR~NDUMSTAFF REPORT
MEETING DATE:
AGENDA ITEM:
MAY 20, 2002
!¥.C. - AMENDMENT TO LDR SECTION 4.4.12(13)(3) TO
ADD "PRIVATE SCHOOLS AND OTHER SIMILAR
EDUCATIONAL FACILITIES" AS A CONDITIONAL USE IN
THE PC (PLANNED COMMERCIAL) ZONING DISTRICT
AND AMENDING LDR SECTION 4.3.3 SPECIAL
REQUIREMENTS FOR SPECIFIC USES TO ADD
SECTION 4.3.3(HHH) PRIVATE SCHOOLS AND OTHER
SIMILAR EDUCATIONAL FACILITIES.
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.4.12(D)(3) Planned Commercial (PC)zoning
district, Conditional Uses and Structures Permitted, to add "Private schools and other
similar educational facilities" as a conditional use, pursuant to LDR Section 2.4.5(M) and
provide special regulations in LDR Section 4.3.3 Special Requirements for Specific
Uses.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
Nobel Learning Communities, Inc. seeks to operate the "Paladin Academy" (a private
school) at the Lake Ida Plaza (southwest corner of Congress Avenue and Lake Ida
Road). The property is located in the PC (Planned Commercial) zoning district,
however private schools are not specifically listed as an allowable use in the PC zoning
district. As the use is not specifically listed, the applicant has requested a LDR text
amendment to add private schools and other educational facilities as a permitted use.
At its meeting of April 15, 2002, the Planning and Zoning Board considered a text
amendment to the Land Development Regulations to add "Private schools and other
similar educational facilities" as a permitted use in the PC zoning district. The Board
tabled the text amendment and directed the staff and the applicant to revise the
application to add the proposed use as a conditional use and that specific requirements
are created to mitigate any adverse impacts.
The applicant proposed the following text amendment to add "Private schools and other
similar education facilities" as a conditional use in the PC zoning district. The applicant
has also submitted a narrative that describes the operation of the proposed private
school:
Planning and Zoning Board Staff Report ,
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 2
"Nobel Learning Communities, Inc, a nationwide operator of non-sectarian, private
schools, proposes to locate a school in vacant space in Lake Ida Plaza. Known as
Paladin Academy, the schools will educate students, ages 5 to 18, with leaming
disabilities. These conditions will include processing difficulties, attention deficit
disorders with and without hyperactivity, and dyslexia. We will not accept students with
behavioral issues and students are generally enrolled for 1-3 years and then returned to
their own private or public school
Paladin Academy will occupy 6,200 square feet of indoors instructional space and 2,500
square feet of outdoor play area. It will have a capacity of 80 students in 8 classrooms,
multi=purpose room and testing areas. The hours of operation will 8:00 a.m. to 5:00
p.m. Monday through Friday and will follow the Palm Beach County Public School
calendar. We'll also have a summer academic program. The school will operate two
14-passenger vans to transport some students to and from school. The majority of
students will be dropped off and picked up by their parents. A designated drop off area,
east of the rental space, will be provided for this service. A limited number of high
school students, probably 2 or 3, will drive to and from school. Staff parking for up to 12
vehicles will be provided on the site.
The play area will provide age-appropriate equipment and will be completely fenced. It
wi//be closely monitored at all times by school staff. The drop off and pick up periods
wi//be monitored and supervised. The school will have an entry controlled security
system and alarms/key pads on all exterior doors. Adequate security lighting will be
provided both in and around the facility. Exterior signage will be mounted on the
building in conformance with all city codes.'
The proposed use is similar to Child Care Facilities and Educational Facilities in several
respects. The LDR contains specific requirements for these uses. It is appropriate to
include many of the special requirements for these uses as special regulations for
Private Schools. In addition to these requirements there is a concern with respect to the
conflict between vehicle stacking for school buses and parents and traffic flow within a
commercial center. Consequently, staff recommends a requirement that a minimum of
a 100' stacking lane be provided for Private Schools and that designated drop-off areas
be provided. A greater distance may be required based on the size and nature of the
proposed private school. It is noted, that Palm Beach County or the State of Florida
does not regulate the site requirements of Private Schools. In response to the Board's
direction, the applicant has suggested the following special regulations be adopted:
1. The school shall have less than one hundred (100) students.
2. There shall be at least twenty percent (20%) open recreational space.
3. There shall be a stacking lane of at least one hundred feet (100').
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 3
In response to the Board's direction staff recommends the following special regulation%
tailored after the child care regulations should be considered:
Floor area: Facilities shall contain a minimum floor a~ea of 35 square feet per
child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage.
Loading area: A pickup and drop-off area for children shall be provided in a
convenient area adjacent to the building and shall provide clear ingress and egress
to the building. ^ minimum of a 100' dedicated vehicular drop-off/pick-up lane
shall be provided. The stacking area is measured from the loading area and shall
not block drive-aisles or parking areas. A greater distance may be required by the
approving body based on the intensity of the Private School. A lesser stacking
distance may be approved by the Board based on a traffic impact statement.
Outdoor area: There shall be a minimum area of 75 square feet of outdoor play
area per student. The play area shall be located on the same lot as the principal
use and shall not be located in the front yard setback. The play area shall be
surrounded by a 6'-high opaque fence or chain link fence with a 6'-high hedge.
Private school facilities shall be limited to a maximum of 100 students when
located in the PC District.
Provision shall be made for appropriate parking of buses, vans, and etc. and they
shall be appropriately screened.
Other regulations: All Private Schools and Similar Facilities shall comply with the
American Disability Act (ADA), Standard Building Code, Fire Codes, and any other
regulations including State and County regulations as may be required.
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5)
(Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a
finding that the text amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan.
The following is the Purpose and Intent of the PC zoning district:
The Planned Commercial (PC) District provides for retail, office, and other commercial
activities to be established on large sites in a well planned, functional, and aesthetically
pleasing manner. The PC District shall be applied to properties designated as
commercial on the Future Land Use Map where the unified development is, or will be, in
excess of five (5) acres; or when it is appropriate to preserve the character of certain
specialty retail and office centers; or to ensure that certain high visibility areas are
attractively developed."
The proposed private schools are essentially a commercial service where instruction is
provided for a fee. In this respect, the nature of this use is similar to other uses allowed
in the PC zoning district. The applicant indicates that the proposed use is appropriate
since vocational schools are permitted uses and child care and adult daycare are
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 4
allowed as conditional uses in the PC zoning district. However, private schools differ
from vocational schools with respect to hours of operation (i.e., peak hours), traffic
impact, and infrastructure demands. The applicant has indicated that students will be
primarily dropped-off by parents. Additional transportation will be provided by the
school via vans. Typically, planned commercial centers are not designed to
accommodate large drop-off areas including stacking, which are necessitated by this
type of use. Therefore, the impact of private schools within commercial plazas may be
detrimental to the commercial traffic flow within the parking areas. The anticipated peak
hours of private schools would be in the morning and afternoon hours which differ from
a vocational school, which typically have evening hours. Further students provide their
own transportation and vehicle stacking is not an issue.
Another concern relates to the type of infrastructure usually associated with private
schools i.e., the provision of outside recreational areas ranging from open space areas
to formal sports fields. Commercial shopping center development, which usually occurs
in the PC district, does not lend itself to the provision of this infrastructure. It is noted
this center has a child care center as a tenant with an associated playground area to the
rear of the center adjacent to the commercial loading areas. This, however, is not an
ideal situation and should not be encouraged particularly at the larger scale necessary
for private schools. Consequently, given these factors it is inappropriate to allow private
schools as a permitted use in the PC zoning district. Allowing Private Schools as
conditional uses is appropriate subject to the special requirements noted previously,
which would mitigate the potential adverse impacts associated within this use. It is
noted that similar concerns, yet not to the same degree, are experienced with Child and
Adult Care uses. These uses are allowed as a conditional use where they are
assessed on a case by case basis within individual PC sites.
A comparison of regulations of other jurisdictions was conducted:
Palm Beach County:
Schools, elementary or secondary are allowed in the Community Commercial,
Commercial High Office, and General Commercial zoning district as a conditional
use. The Palm Beach County Unified Land Development Code contains the
following regulations for schools:
1. Bike paths/pedestrian access. Pedestrian access/bike path and cross-walk
plan showing access to the school site from surrounding neighborhoods shall be
shown on the site plan.
2. Vehicular Circulation. Designated bus and parental drop off/pick up areas with
separate pedestrian pathways shall be provided. Pathways which cross
vehicular use areas shall be defined by special pavings, brick, striping, or other
methods acceptable to the DRC.
3. Dumpsters. Dumpster and trash receptacles shall be located a minimum of 75'
from residential property and screened in accordance with Section 6.6.5.A.5.
4. Signalization. Signalization shall be installed, at the school site entrance road, if
warranted, as determined by the County Engineer. Signalization shall be a mast
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page $
arm structure installation. Should signalization not be warranted after 12 months
of the final certificate of occupancy for private or charter schools, or school
openings for public schools the property owner/School Board shall be relieved of
this obligation.
5. Setbacks. Minimum building setbacks shall be as follows:
b. Nonresidential districts. Setbacks for schools in all nonresidential
zoning districts shall be consistent with Table 6.5-1. (The Count's setback
requirements in the PC zoning district is 50' from the front, side, side
street and rear).
6. Maximum building height. Structures higher than 35' shall be subject to a
Class A conditional use approval, unless otherwise stated in this Section.
7. Outside activity areas. Outside activity areas shall be located 50' from any
property line abutting a residential district. Passive outdoor accessory
recreational facilities shall be located a minimum of 25' from any property line
abutting a residential district. If deemed necessary to ensure compatibility with
surrounding uses the DRC shall require a buffer consisting of a 6' fence or
masonry wall and a continuous solid opaque hedge a minimum of 4' in height at
installation around an active or passive outdoor accessory recreational facility.
8. Lighting. Security and recreations lighting (i.e. outdoor activity area lighting, ball
fields, tennis courts, etc.) shall meet the requirements of Section 7.8.B, Outdoor
Lighting Standards.
Boynton Beach:
Academic schools are allowed as permitted uses in the Office and Professional
Commercial District, Community Commercial District, and Planned Commercial
Development District. The City of Boynton has no special regulations for private
schools.
Coral Springs:
Public or private elementary, junior or senior high schools are allowed in the Community
Business District as a permitted use. The City of Coral Springs has the following
special regulations for private schools:
Buildings shall be located at least 30' from any residentially zoned lands.
Play lots located closer than 50' to a residentially zoned plot line shall be screened
by an opaque fence or wall or compact evergreen hedge not less than 5' in height.
Palm Beach Gardens:
Schools, Public and Private are allowed as conditional uses in the General Commercial
District, Commercial Recreation District, Intensive Commercial District. The City of
Palm Beach Gardens does not have any special regulations that pertain to private
schools.
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilibes in the PC Zoning
District
Page 6
City of Boca Raton:
Institutions of an Educational Character are allowed as permitted uses in the Motel-
Business District, the B-2 and B-4 General Business District, and the C-1 Commercial
District. The City of Boca Raton does not have any special requirements for private
schools.
COMPREHENSIVE PLAN POLICIES:
The applicant indicates that the proposed rezoning would further the following goals,
objectives and policies of the Comprehensive Plan:
Future Land Use Element Obiective D-2: The role of schools in their neighborhoods
shall be enhanced so that the school facilities aid in achieving the goals and objectives
of this Comprehensive Plan, particularly those identified in the Housing Element, which
are directed toward the stabilization and revitalization of neighborhoods.
Future Land Use Element Policy D-2.3: The City shall strive to achieve better
cohesiveness of neighborhoods by lessening the number of school attendance districts
to which students are assigned and/or the number of students bused out of the City.
This shall be accomplished through drawing such boundaries by adding or subtracting
areas adjacent to existing districts, rather than by drawing from enclaves located
elsewhere.
Future Land Use Element Policy D-3.7: The City shall encourage the School Board
to select elementary and middle school locations that are within a reasonable walking
distance from neighborhoods that have substantial numbers of children who will attend
the school. The sites should be easily and safely accessible to pedestrians, bicycles,
school busses, mass transit, and cars. Whenever possible, access to the site should be
from a collector road (City collector or local road for elementary schools), as opposed to
an arterial road.
Housinq Element Objective A-14: The City recognizes that the condition and
operation of its schools has a direct bearing on the stability of its neighborhoods. A
poody maintained physical plant can have a blighting influence on a surrounding
neighborhood, and a school with poor educational performance can have a depreciating
impact on the property values of homes located within the district. The City will continue
its efforts to upgrade and improve schools located within its boundaries.
Housinq Element Policy 14.2: Where appropriate, the City will provide land or funding
to facilitate the improvement of local schools. Such investment shall be accomplished
through interlocal agreements with the school district.
Open Space and Recreation Element Policy A-3.2: The role of the Parks and
Recreation Department in fulfilling community needs in culture and the arts shall
continue to focus on programs. Private and quasi-public groups (e.g. Old School
Square Foundation, Public Library, Atlantic Avenue Merchants Association, Historic
Society, etc.) should be encouraged to provide facilities necessary to accommodate the
Planning and Zoning Board Staff Report , ,
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page ?
arts (e.g. auditorium, indoor concerts, and the performing arts). The city shall provide
reasonable assistance to such groups in as much as such efforts relate to the overall
economic development of the community.
Analysis:
While the above objective and policies primarily relate to public education facilities, they
do show the importance the City puts on providing quality educational facilities,
regardless if they are public or privately operated. Further, in some situations it may be
appropriate to allow private educational facilities as a conditional use in the PC zoning
district. In accordance with the Board's direction, the applicant and staff has developed
a set of requirements that address the potential adverse impact generated by private
schools in the PC zoning district. While the Goals, Objectives and Policies identified by
the applicant do not support the proposed LDR amendment, they do not express
opposition to allowinq private schools in the PC zoninq district. The addition of special
requirements to allowing private schools as a conditional use in the PC zone district
should provide sufficient control to the City to mitigate any adverse impacts generated
by this type of use.
While the provision of private schools is appropriate in the PC zoning district, it would be
not be appropriate in the GC (General Commercial) zoning district. As the PC zoning
district is usually applied to large sites, while the GC zoned properties are usually on
small lots with shallow depths, and are primarily located in redevelopment areas where
additional commercial activity is encouraged. With regard to the applicant's request,
limiting the number of students may be appropriate and a maximum of 100 is proposed.
Stacking should include accommodations for bus or van drop-off. A review of other
sites revealed that transport vehicles are parked/stored on the site. These vehicles
should be parked in designated areas with appropriate dimensions and screened
accordingly and a related condition is recommended. The play area suggested by the
applicant (20% of the leased area) or 1,300 sq.ft, seems minimal for 80 students. There
will be different recreational periods for each grade, and recreation needs are also dealt
with through field trips.
Given the above, while the proposed text amendment to allow private schools and other
similar educational facilities does not further the goals, objectives and policies of the
Comprehensive Plan, it is not inconsistent with them. Therefore, a positive finding with
respect to LDR Section 2.4.5(M)(5) can be made.
The proposed zoning text amendment to the PC zoning district would not affect the
Community Redevelopment Agency or the Downtown Development Agency as their
areas do not contain this zoning category.
Planning and Zoning Board Staff Report ,
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 8
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
Rainberry Bay
Pines of Delray North
Rainberry Lakes
Chatelaine
County Manor
PROD
Presidents Council
Delray Shores
Sudan
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
Continue with direction.
Recommend approval of the text amendment to LDR Section 4.4.12(D)(3) to
allows "Private schools and other similar education facilities" as a conditional
use and add LDR Section 4.3.3(HHH) to provide special requirements for
these uses based upon positive findings with respect to LDR Section
2.4.5(M)(5).
Recommend denial of the text amendment to LDR Sections 4.4.12(B)(3) and
4.3.3(HHH), based upon failure to make positive findings with the respect to
LDR Section 2.4.5(M)(5).
By motion, recommend to the City Commission approval of the request to amend LDR
Section 4.4.12(D)(3) (Conditional Uses and Structures Allowed) to allow "Private
schools and other similar educational facilities" as a conditional use and add LDR
Section 4.3.3(HHH) (Special Requirements for Specific Uses), based upon a positive
finding with LDR Section 2.4.5(M)(5).
Attachment:
· Exhibit "A" - Proposed Amendment
· PC Zoned Districts Map
Planning and Zoning Board Staff Report , ,
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zomng
District
Page 9
If the Planning and Zoning Board recommends approval of the amendment to allow
private schools and other similar education facilities within the PC zoning district, the
following ordinance is recommended:
Section 4.3.3 Special Requirements for Specific Uses:
Section 4.3.3(HHH) Private Schools and Other Similar Education Facilities:
(1) Floor area: Facilities shall contain a minimum floor area of 35 square feet per
child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage.
(2)
Loading area: A pickup and drop-off area for children shall be provided in a
convenient area adjacent to the building and shall provide clear ingress and egress
to the building. A minimum of a 100' dedicated vehicular drop-off/pick-up lane
shall be provided. The stacking area is measured from the loading area and shall
not block drive-aisles or parking areas. A greater distance may be required by the
approving body based on the intensity of the Private School. A lesser stacking
distance may be approved by the Board based on a traffic impact statement.
Pathways that cross vehicular use areas shall be defined by special pavings, brick,
striping or other method acceptable to the Board.
(3)
Outdoor area: There shall be a minimum area of 75 square feet of outdoor play
area per student. The play area shall be located on the same lot as the principal
use and shall not be located in the front yard setback. The play area shall be
surrounded by a 6'-high opaque fence or chain link fence with a 6'-high hedge.
Outdoor play areas shall meet the minimum setbacks in the PC zoning district per
LDR Section 4.3.4(K).
(4)
Transport vehicles: For private schools that utilize transport vehicles, an area must
be designated for the parking/storage of these vehicles and that these be areas be
screened when visible from a public right-of-way or residentially zoned property in
accordance with LDR Section 4.6.4(A) and 4.6.16(H)(3)(e).
(5)
Other regulations: All Private Schools and Similar Facilities shall comply with the
American Disability Act (ADA), Standard Building Code, Fire Codes, and any other
regulations including State and County regulations as may be required.
(6) Private school facilities shall be limited to a maximum of 100 students when
located in the PC district.
Planning and Zoning Board Staff Report , ,
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zomng
District
Page ]0
Section 4.4.12 Planned Commercial (PC) District:
(D) Conditional Uses and Structures Permitted: The following uses are allowed as
conditional uses within the PC District except as modified in the Lindell/Federal
(Redevelopment Area #6) Overlay District by Section 4.4.12(G):
(1) All uses allowed as such within the GC District [Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes (e.g., concerts, live performances)
(3) Private schools and other similar educational facilities, subject to Section
4.3.3(HHH)
CITY OF DELRAY BEACH, FLORIDA
GULF STREAM BLVD
ii I
L-30 CANN.
LAKE IDA
LOWSON BOULEVARD
LAKE
N W 2NDST
S W 2ND ST
SW
LINTON BOULEVARD
PC (PLANNED COMMERCIAL) ZONING DISTRICTS
..... CFFY LIMITS
ONE MILE
GRAPHIC SCALE
CIT~ OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
2002
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