Orange County Public Schools Wedgefield Area K-8 School Board of County Commissioners Public Hearing February 24, 2015 WINNER

Orange County Public Schools 2

Land Use and Proposed Development 3

Orange County Public Schools Wedgefield Property History OCPS completed acquisition & aggregation of the properties in 2009 Applied for Future Land Use Map (FLUM) amendment in 2009 from Orange County One community meeting and four public hearings were held during FLUM application process during Received approval for the FLUM amendment in 2010 from Orange County 4

Orange County Public Schools Wedgefield Land Use & Rezoning Process Land use change from Rural (R) to Educational (EDU) Develop site plan & design Rezone A-2 (Agricultural) to P-D (Planned Development) 5

Orange County Public Schools Future Land Use Educational (EDU) 6

Orange County Public Schools Current Zoning A-2 (Agricultural) 7

Orange County Public Schools Proposed Zoning P-D (Planned Development) 8

Orange County Public Schools Proposed Development Total Acres: 52.3 ac Proposed Building Square Footage: 155,000 sq.ft Parking: 193 spaces / Queuing: 228 cars Building Height: 35 ft. Max. (2 stories) Permanent Student Capacity: 1,030 No waivers requested from the Orange County School Siting Ordinance Sidewalks to be built along Paddock and Ortega Street to Bancroft Boulevard 9

Orange County Public Schools School Site Standards Comparison K-8 Acreage: 25 acres Square Footage: 155,000 sq.ft Student Stations: 1,144 Capacity: 1,030 Parking Spaces: 112 spaces Building Height: 35 ft. (2 stories) Operation: 8:45am - 3:00pm* Middle School Acreage:25 acres Square Footage: 175,000 sq.ft Student Stations:1,350 Capacity:1,215 Parking Spaces:225 spaces Building Height:55 ft. (3 stories) Operation:9:30am – 4:30pm* *Times are approximate; based on bus routing and school specific bell times. 10

Orange County Public Schools Outstanding Issues Development Review Committee (DRC) recommended APPROVAL of the Planned Development / Land Use Plan (PD/LUP) subject to 10 Conditions of Approval (COA). OCPS objects to COA #9. Planning & Zoning Commission (P&ZC) recommended DENIAL of the PD/LUP 11

Orange County Public Schools Concerns with P&ZC Recommendation 12 P&Z Recommendation seeks to undo Board of County Commissioners 2010 Future Land Use Designation for the property

Orange County Public Schools Concerns with COA #9 Current access on Paddock Street meets criteria set forth in school siting ordinance and the existing development trend in the area No staff analysis or justification provided for access on Bancroft Boulevard 13

Orange County Public Schools Overview of Concerns with COA #9 Traffic Safety and Pedestrian Issues Environmental Impacts and Concerns Fiscal Impacts to Taxpayers Legal Aspects 14

Orange County Public Schools Traffic Safety and Pedestrian Issues 15

Orange County Public Schools 50 MPH Bancroft Access A connection point along Bancroft Boulevard for school access cannot be provided while meeting roadway design standards, and reduces safety and operational efficiency of Bancroft Boulevard. The addition of a mid-block intersection on Bancroft Boulevard does not meet State access management standards and access from Paddock Street does. An entrance to the property on Bancroft Boulevard creates additional pedestrian safety and operational issues. 16

Orange County Public Schools 50 MPH Paddock Access Safe and efficient access is available on Paddock Street. Paddock Street meets County roadway design standards and has capacity to accommodate the proposed school traffic 17

Orange County Public Schools Access Management Comparison 18 UNSAFE CONDITION SAFE CONDITION

Orange County Public Schools Pedestrian Access & Safety Pedestrian access based on proposed entrance from Paddock Street and Ortega Street. 19

Orange County Public Schools Pedestrian Access & Safety Pedestrians access from Paddock Street eliminated. Additional 3200 feet (approximately 2/3 mile) to entrance of school campus. Pedestrian access from Paddock Street provides “drop off” of students along Paddock Street in order to avoid getting into the queue on the site. Parents would also “stack” in the afternoon along the north side of Paddock Street to pick up their students in a similar way. 20

Orange County Public Schools Environmental Impacts and Concerns 21

Orange County Public Schools Environmental Considerations 22 Project Site Contains wetlands and surface waters jurisdictional to St. Johns River Water Management District (SJRWMD) & U.S. Army Corps of Engineers (USACOE) Boundaries of onsite wetlands and surface waters have been field-reviewed & approved by SJRWMD State-listed, threatened gopher tortoise (Gopherus polyphemus) occupies onsite uplands A 100% survey will be completed prior to construction, and permits to relocate any tortoises occurring within the project footprint will be obtained.

Orange County Public Schools Least damaging/invasive project footprint preferred to minimize impacts to wetlands and gopher tortoise habitat. Reduced impacts to wetlands/listed-species habitat will also reduce mitigation costs associated with unavoidable adverse impacts. 23 Environmental Considerations

Orange County Public Schools Avoidance and Minimization FDEP: Environmental Resource Permit Applicant’s Handbook (Vol. I), Part III, Sec : –Protection of wetlands and other surface waters is preferred to destruction and mitigation… The following factors are considered in determining whether an application will be approved by the Agency: the degree of impact to wetland and other surface water functions caused by a proposed activity; whether the impact to those functions can be mitigated; and the practicability of design modifications for the site that could eliminate or reduce impacts to these functions, including alignment alternatives for a proposed linear system. USACOE: no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge. –Where the activity associated with a discharge which is proposed for a special aquatic site does not require access or proximity to or siting within the special aquatic site in question to fulfill its basic purpose, practicable alternatives that do not involve special aquatic sites are presumed to be available, unless clearly demonstrated otherwise. 24

Orange County Public Schools Wetland Impacts Isolated and less than 1/2-acre: no mitigation required More than 1/2-acre: mitigation required for any unavoidable impacts Any impacts to southern wetland (0.8 acre) will likely require mitigation for full 0.8-acre impact 25

Orange County Public Schools Fiscal Impact to Taxpayers 26

Orange County Public Schools Cost of Bancroft Boulevard Access To exceed $876,952 due to:  Addition of approximately 1,400 linear feet of roadway section  Required fill to raise the road  Additional environmental impacts and permitting  Additional tree and land clearing 27

Orange County Public Schools 28 Legal Aspects

Orange County Public Schools The P&Z Recommendation Seeks to Undo This Board’s 2010 Future Land Use Designation For the Subject Property Without Any Authority Whatsoever The applicant seeks to rezone the property to the only zoning category that is consistent with the EDU future land use classification you placed on the property in Staff recommended approval, subject to certain conditions. The P&Z Commission, however, suggests you find the requested zoning inconsistent with the Comp Plan and deny the application. The P&Z does not believe a school in this location is appropriate and offered no conditions under which it would be. The P&Z simply ignored this Board’s 2010 decision and recommends you do likewise. 29

Orange County Public Schools The Controlling Law (a/k/a “the fine print”) Coordination of planning with local governing bodies.— (1) It is the policy of this state to require the coordination of planning between boards and local governing bodies …. Such planning shall include the integration of the educational facilities plan and applicable policies and procedures of a board with the local comprehensive plan and land development regulations of local governments Coordination of planning with local governing bodies.— (4) The location of educational facilities shall be consistent with the comprehensive plan of the appropriate local governing body developed under part II of chapter 163 and consistent with the plan’s implementing land development regulations. Pursuant to these provisions, SBOC and BCC negotiated, and BCC adopted, Public School Siting Regulations, as implementing land development regulations Legal status of comprehensive plan.— (1)(b) All land development regulations enacted or amended shall be consistent with the adopted comprehensive plan …. … [W]hen the provisions of the most recently adopted comprehensive plan … are inconsistent, the provisions of the most recently adopted comprehensive plan … shall govern any action taken in regard to an application for a development order. 30

Orange County Public Schools The Logic (and some more fine print) Orange County Comp Plan Future Land Use Element mandates that the BCC determine that a proposed land use change is compatible with existing development and development trends in the area before approving it. The BCC approved the EDU future land use designation in Ergo, BCC either determined that the use of the subject property for a school is compatible with existing development or the BCC violated its own Comp Plan Process for adoption of comprehensive plan or plan amendment.—(5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN AMENDMENTS.— (a) Any affected person … may file a petition with the Division of Administrative Hearings … to challenge whether the plan or plan amendments are (valid). This petition must be filed with the division within 30 days after the local government adopts the amendment. No challenge was filed. Thus, it has already been legally determined that a school at this location is consistent with the Comp Plan and compatible with existing development. 31

Orange County Public Schools COA #9 Prohibiting Access from Paddock Street is an Impermissible Condition Under both Code and Statute All new school locations shall be subject to the terms and limitations established in the Public School Siting Regulations (PSSR). Public School Facilities Element & Future Land Use Element. PSSR provides construction of a school is a permitted “by right” use in the mandated PD zoning, provided such construction meets the standards and criteria set forth in Section and of the PSSRs. The pending application meets all of the prescribed standards and criteria and no waivers or modifications have been requested. § provides that the BCC, “shall have the right to impose reasonable additional conditions of approval to mitigate the off site impacts and effects on adjacent property owners directly and proportionately arising from the proposed modification to the adopted criteria and standards.” No waivers or modifications have been requested. No comparable authorization for imposing additional conditions when modifications not requested. 32

Orange County Public Schools COA #9 is an Impermissible Condition (cont’d) Additionally, § (a) only allows County to mandate on-site improvements if access cannot be provided by, “… at least one (1) paved local road at least twenty-four (24) feet in width.” Only, “[i]f no other practical option exists for access, (may) the county engineer … require on-site improvements necessary to ensure public safety consistent with F.S. ch. 235.” Paddock Street meets the agreed standard and is a practical option. Access from Paddock Street can only be denied if the county engineer, consistent with professional standards and ethics, determines that Paddock Street, with the proposed improvements, will be unreasonably hazardous for pedestrian access. § (5) So long as the LUP complies with the PSSRs, the BCC cannot deny the rezoning nor mandate access from Bancroft Boulevard. 33

Orange County Public Schools The P&Z Recommendation is Not Only Unauthorized, it Would Result in an Unconstitutional Taking Without Just Compensation. Property having a future land use designation of EDU can only be used for a school. The existing A-2 zoning prohibits public school uses. Property cannot be used for those uses actually permitted in A-2 because those uses are inconsistent with the EDU future land use designation. Ergo, denying a rezone to the only zoning category consistent with the EDU designation, i.e., PD Zoning, would leave the owner with no reasonable use of the property. The only remedies are to allow the rezoning or to use eminent domain to take the property and pay the owner fair and just compensation. 34

Orange County Public Schools In Conclusion……. 35

Orange County Public Schools OCPS Request of BCC Make a finding of consistency with the Comprehensive Plan and APPROVE the Wedgefield K-8 School Planned Development / Land Use Plan (PD/LUP), subject to the conditions listed in the staff report excluding condition #9. Thank you 36

Orange County Public Schools Resident Issues and Concern 37

Issues/Concerns 1.Everyone in the estates section will be forced to move from well to Pluris water (mandate that if Pluris water lines come near property that you are mandated to use/buy water from them)  OCPS is providing the Infrastructure for water to the school only. Residents will have the option to use Pluris but not an obligation. 2.All of Wedgefield will be rezoned from rural to residential  This zoning does not affect the current or future zoning of other properties surrounding the school site. 3.Section 8 housing will then be allowed  This zoning does not affect the current or future zoning of other properties surrounding the school site and OCPS does not develop residential housing. 4.Trailers will be allowed  We currently do not anticipate having relocatables (portables) on this campus because we are constructing the school to address current and anticipated student enrollment numbers. Relocatables will only be used if/when student enrollment numbers surpass the available capacity at the school.

Issues/Concerns 5. Limited livestock will be enforced  Current permitted uses of livestock on property surrounding the school site will not be affected by this rezoning. 6.Gun rights will be limited. People wanting to shoot near the school will have to call the principal and then give the time they will be shooting.  We expect Residents to adhere to any State and Federal laws and ordinances regarding fire arms. 7.It is determined that students will come from Bithlo and Christmas  The student rezoning process for this school has not begun, therefore there are no students assigned to this school. About 18 months before the school opens, the school district will engage the community in the rezoning process per School Board policy. 8. Traffic will increase  There will be local traffic in and around the school during drop-off and dismissal times. However, given the size of the site, there will be adequate stacking capabilities on site to minimize the impact on surrounding roads.

Orange County Public Schools 40 MPH Bancroft Access

Orange County Public Schools Rural Character: Colors and Textures Inspired by the Natural Habitat

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Orange County Public Schools Meeting Public Safety Standards Safe and efficient access is available on Paddock Street. Paddock Street meets County roadway design standards and has capacity to accommodate the proposed school traffic. A connection point along Bancroft Boulevard for school access cannot be provided while meeting roadway design standards, and reduces safety and operational efficiency of Bancroft Boulevard. The addition of a mid-block intersection on Bancroft Boulevard does not meet State access management standards and access from Paddock Street does. An entrance to the property on Bancroft Boulevard creates additional pedestrian safety and operational issues. 47