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Hillsborough County, Florida

Decision of the Land Use Hearing Officer
Hearing Date: May 14, 2012
Petition Number: SU 12-0429 LU
Applicant: Patti Girard, Learning Gate Community Ed. Fnd. Inc.
Location: North side of Sunset Lane, 800 feet cast of US Hwy 41
Folio Number: 13693.0000
Existing Zoning: ASC -1 and RSC -6
Request: Special Usc -Chm1er School
Summary of Evidence Presented
Applicant Testimony:
Patti Girard, the applicant and headmaster/principal of the proposed Learning Gate
Charter School, provided testimony regarding the guiding educationaL land development
and land/site management principles of the proposed 6
111
through li
11
grade school.
Kevin Mincer, project land planner, indicated that the proposed school site is located on
the north side of Sunset Lane and east of US 41 in Lutz. The site proposed for the special
use is approximately 62 acres in size. The site consists of approximately 40 acres of
upland and 22 acres of wetlands,
Access to the site would be from Sunset Lane and US 41. The applicant will secure an
easement to gain access from the western property boundary of the school site to US 41
across property that is owned by others. The adjacent property to the west of the special
use site is the same owner that currently owns the subject special use site. It is
understood that an access easement would be needed to move f(Jrward with the school
project. It was stated that a minimum 50 foot wide access easement will be secured from
the adjacent property owner.
The proposed special use will be for a maximum of 1,000 students. It was stated that it is
estimated that there would be approximately 500 high school students (grades 9- 12) and
500 junior high/middle school students (grades 6- 8).
It was stated that the site has been designed to allow for internal queuing of cars arriving
at the school in the morning and afternoon. The on-site driveway length from Sunset
Lane to the drop-oWpick-up location is approximately LSOO feet in length. The on-site
driveway length from US 41 to the drop-off/pick-up location is approximately 3,600 feet
in length.
The applicant/school will be required to prepare and submit a transportation circulation
plan that will be reviewed and approved by Hillsborough County staff prior to Site Plan
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approval. The circulation plan will include a drop-off and pick-up schedule that will
stagger the start and end times for certain grades so as to spread out the school traffic
over an approximate 45 minute time frame.
Steve Henry, the project transportation planner stated that it was anticipated that
approximately 25% of the students would be coming from and returning from the east,
35% of the students would be coming from and returning from the north, and 40% of the
students would be coming from and returning from the south.
It was stated that the a.m. peak along the adjacent roadway segments was 7:15a.m. to
8:15a.m. lt is proposed that the earliest start time (for 12'h graders) would be 8:15a.m.
and every 15 minutes thereafter two grades at a time would have start times. Thus. the
school start time would happen primarily outside the a.m. peak hour.
lt was stated that the p.m. peak along the adjacent roadway segments was 5:00p.m. to
6:00p.m. lt was proposed that the latest release time in the afternoon would be 4:30p.m.
with the same type of 15 minute staggered release times counting back from 4:30p.m.
It was stated that the US 41/Sunset Lane intersection currently has an a.m. peak hour
LOS E and that with project traffic the a.m. peak hour LOS will remain at LOS E. The
p.m. peak hour LOS of US 41 and Sunset Lane will remain at LOS D in the p.m. peak
hour with project traffic.
The adjacent roadway segments, US 41 and Sunset Lane will continue to operate at
acceptable levels of service with project traffic.
lt was stated that an eastbound to northbound left tum lane into the project site would be
required as well as a westbound to northbound right turn lane. These
driveway/intersection improvements would be completed by the school concurrent with
the development of the project.
It was stated that the only identified wetland impacts would be with respect to the
driveway connection to US 41. It is estimated of the approximate 22 acres of wetlands
on site approximately 1.22 acres of wetlands would need to be impacted and mitigated. It
was stated that otherwise, the buildings, parking lots and other impervious surfaces would
occur within the project uplands.
It was stated that school buildings would be setback a minimum of I 50 feet from the lake
located along the north-central portion of the project's boundary. It was stated that the
project roadways will be setback a minimum of 100 feet from adjacent residential homes.
It was stated that substantial areas of the site, wetlands and uplands, would be left in their
natural state to provide buffering and screening from the adjacent homes in the area.
Additional, enhanced landscaping would be provided in specific locations around the
perimeter of the site to screen the special use from adjacent residential homes.
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It was stated that the applicant has met with the Environmental Protection Commission
statl and presented the site plan to the EPC staff and the EPC staff have stated in a letter
dated April 20, 2012 that they have no objections with the project and have conceptually
authorized the project's wetland impacts.
It was stated that the applicant has held numerous neighborhood meetings and has also
met multiple times with members of the neighborhood. The access road connection to
US 41 was an important consideration of the neighborhood and the school has provided
f(w this connection. The site plan setbacks and screening provisions were also provided
in response to concerns of adjacent property owners.
It was stated that substantial competent evidence in support of the application has been
placed on the record by the applicant's team of consultants. Development Services statf
and Planning Commission staff. The application is consistent with the Comprehensive
Plan and Special Use standards established in the Land Development Code.
Development Services Department Report and Recommendation:
Development Services Department staff t(mnd that the proposed special usc is
approvable, subject to conditions. The request is for a maximum I ,000 student middle
and high school for the Learning Gate charter school.
The approximate 62 acre school site would be comprised of a maximum of 180,000
square feet ofhuilding space. No individual buildings would be larger than 25,000
square feet. The buildings would be located within the uplands located within the north-
central portion of the subject site.
Access to the site would be provided to the proposed school site via US 41 and Sunset
Lane. A left turn storage lane for eastbound to northbound turning movements would be
required at the Sunset Lane driveway connection. A westbound right turn lane would
also be required at the Sunset Lane project driveway intersection.
A trat1ic circulation plan would be required of the school to address hours of operation,
staggered school hours, student drop-ofT and pick-up and vehicle stacking.
A minimum !50 foot setback is required from the lake located along the northern
property line and substantial butTers are proposed around the perimeter of the site.
Internal project roadways will be setback a minimum of I 00 feet from residential homes
within the Sunset Manor subdivision and enhanced landscaping will be provided within a
150 foot long area adjacent to a Sunset Manor lot to further screen the special use from
adjacent property owners.
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The Planning Commission Staff Report and Recommendation:
The Planning Commission staff found that the subject application is consistent with the
Comprehensive Plan. StafTf(JUnd the special use request is compatible with the adjacent
mix of residential support uses and suburban residential development in the area.
Planning Commission staff found that the site plan submitted provides f()r a development
that is sensitive to surrounding residential uses. Buildings are placed intemal to the
subject site. The submitted site plan has provided for additional buffering and screening.
above the minimums required within the Land Development Code.
Staff noted that a proposed pedestrian cross access to an adjacent park creating
connections between parks and schools is encouraged by the Comprehensive Plan.
Staff referenced the Lutz Community Plan and the desire of the Lutz community to see
high schools located on major roads (4lanes and greater) and that drop-oft's and pick-ups
be located internal on school sites. The applicant has provided for a site plan that offers
access to a 4 lane roadway (or greater) and has provided for sufficient internal loading
areas. in keeping with the guidance of the Lutz Community Plan.
Proponent Testimony:
The following people spoke in support:
Yvette Robitaille
Jay Muftly, Board member. Lutz Civic Association
Ron Stoy
Koehler Machlis
Shae Machlis
Greg Pierce
Colleen Kruk
It was stated that the Lutz Civic Association finds the proposed school project acceptable.
It was stated that there are concerns regarding properly addressing drainage and that the
use of Sunset Lane should be restricted.
It was stated that the Lutz Civic Association had worked to create a policy regarding high
schools. High schools should not be on minor roads. that they should be located on
major roads. The subject school should have access to US 41.
It was stated that the school would be an asset in the community; that the proposed usc
would be better than seeing the property developed with single family homes.
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Opponent Testimony:
The following people spoke in opposition:
Shawn Hohenthaner
James White
Mary Masher
Betty McGee
Lisa Schueller
Gwen Hassinger
Ellie Hurley
Donald Hassinger
Brian Abrams
Sam Calco
Mary Danielewicz-Bryson
Ed Gardner
Ed Meid
It was stated that the subject school would utilize a private well and there was concern
that the school would adversely impact nearby lakes. canals, wetlands. and thus wildlife,
and private wells in the area. Substantial drawdown of the aquifer could create additional
sink holes in the area.
A concern was stated regarding storm water run-off from the impervious surfaces and
barnyards created on the school site and pollution of wetlands, and adjacent water bodies.
A concern was stated regarding septic tank impacts and adverse off-site impacts on
groundwater and lakes.
A concern was stated regarding Sunset Lane and the traftic impacts/congestion of having
a driveway to the school on Sunset Lane. It was stated that Sunset Lane was a
constrained facility and could not be widened. It was stated that there have been 31
accidents on Sunset Lane in the past year. It was stated that Sunset Lane is an important
cast/west road for emergency response from the Sheriffs Office and EMS.
It was stated that the wetland impacts were unacceptable. Where there is currently
natural habitat with an abundance of wildlife there will be a roadway with noise, oil/and
gas leaks/run-oft: car exhaust, and litter.
It was stated that the proposed school is not a community schooL it is not serving the
Lutz Community. It is a school that takes in students from all over the County and from
Pasco County.
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It was stated that the proposed School would adversely impact a natural habitat with
diverse wildlife. It was stated that the usc would result in approximately five acres of
f(Jrested area being cleared.
The proposed school is in the wrong location.
The special usc should be denied. Avoid all the identified deficiencies now by denying
the application.
Exhibits:
Applicant's presentation exhibits.
Letters in opposition.
Findings of Fact
The proposed special use is for a private middle and high school (grades 6 through 12)
for a maximum of I ,000 students to be located on the north side of Sunset Lane
approximately 800 feet east of US 41 in the Lutz area of unincorporated Hillsborough
County. The school proposes a maximum of 180,000 square feet of building space with
no school building being larger than 25.000 square feet. The resultant FAR would be
approximately 0.11.
The subject site is approximately 62 acres in size and consists of approximately 40 acres
of upland and 22 acres of wetlands. The wetlands are primarily located within the
western one-third to western one-half of the site. However, a lake with associated
wetlands is located along the site's northernmost property boundary and additional
wetlands are located along the eastern side of the property near Yocum A venue, an
adjacent local north/south residential street. There are a few isolated wetlands located
within the central portion of the site. The uplands are p1imarily f(Jrested.
The prope1iy is primarily designated RES-2 on the Comprehensive Plan Future Land Usc
Element Map. The northeast corner of the subject site is designated RES-6. The
property is located within the Rural Service Area. The property is undeveloped.
The majority of the site is zoned ASC -1. The northeast corner of the site is zoned RSC -6.
The subject site is of an irregular shape and abuts a number of different zoning districts
and land uses. The northern portion of the site primarily abuts property zoned RSC-4 and
that land area consists of wetlands, a lake, forested uplands and single family homes. To
the northwest is property zoned RSC -6 and ASC-I and consists of smaller lot single
family homes, an elementary schooL and vacant land. To the east is primarily Yocum
Avenue then RSC -4 zoning and single family homes. A county park, Nye Park, which
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includes baseball/softball fields, tennis and basketball courts, is located at the southeast
comer of the subject site.
Sunset Lane is located to the south ofthe subject prope11y and south of Sunset Lane is a
day care center, a church and single family homes. The subject 62 acre site essentially
encircles an existing 22 single family home residential subdivision, zoned RSC -4, which
is located on the north side of Sunset Lane. To the west is vacant land, commercial uses
andUS41.
The special use application includes a site plan which shows the location of the proposed
school driveway connections to the adjacent roadways, shows on-site circulation, areas
where buildings and parking will be located, the location of the existing wetlands, and
identities uplands that will remain as open space.
The school proposes one driveway connection to Sunset Lane and one driveway
connection to US 41. The special use site will require an approximate 550 foot long by
approximately 50 foot wide access easement to get from the special use site to US 41.
The applicant provided testimony that they will be able to secure this easement from the
adjacent property owner.
The site will include an approximate 2.350 foot long school driveway/circulation road
that will extend fiom US 41 to a proposed on-site traffic circle. Including the travel
distance around the traffic circle, the distance from the US 41 entrance/exit to the area
where drop-offs and pick-ups are proposed the entire distance is approximately 3,950
feet. The distance from the Sunset Lane entrance/exit to the on-site traffic circle is
approximately 550 feet. Including the travel distance around a pm1ion of the traffic
circle, the distance from the Sunset Lane entrance/exit to the area where drop-offs and
pick-ups are proposed the entire distance is approximately I ,650 feet.
The school buildings are proposed in the northern central pm1ion of the property within
the project uplands. Parking for students and faculty are proposed within the central and
south central portion of the property within the project uplands.
The western approximate one-third of the project site, consisting of approximately 21
acres, is to remain undeveloped except for the project driveway and security gate at the
US 41 entrance.
Along the eastern property line, the school proposes an approximate 400 f(JOt setback
from Yocum A venue. This equates to an approximate 6 acre area of wetlands/uplands to
remain undeveloped.
The special use site plan proposes a minimum !50 foot setback from the lake located
along the northern property line.
The project driveways/circulation roads will be setback a minimum of I 00 feet from the
adjacent Sunset Manor subdivision.
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The project proposes a pedestrian cross-access with the adjacent County Park.
A chmier school may be pem1itted in the ASC-I and RSC-6 zoning districts as a special
use subject to compliance with two specific LDC standards in addition to the general
review/consistency criteria associated with the consideration of special uses.
The two specific LDC standards related to schools are as f(Jllows:
Sec. 6.11.88. Schools
A. With the exception of elementary schools, the site shall have direct access to
a roadway shown on the current MPO Long Range Transportation Cost
Aflordable Plan at the time of Special Usc Permit application.
B. The location, arrangement and lighting of play fields and playgrounds will be
such as to avoid interference with the use of adjacent residential property.
The subject special use site proposes direct access to US 41 and Sunset Lane both of
which are shown on the current MPO Long Range Transportation Cost Affordable Plan.
The subject special use will be required to comply with the lighting provisions of
6.11.88.8 as Development Services staff has recommended in the proposed special use
conditions.
The Livable Communities Element- Lutz Community Plan includes the following
statement about schools:
Schools
The educational needs of the children in the Lutz community are a high priority for
the residents of the community. As the School District of Hillsborough County
detennines that additional school facilities are needed to serve these children, the
citizens of Lutz respectively request that:
High schools be located on major (4lane or greater) roads and be designed to
serve the student population generated by the Lutz community:
Middle and elementary schools be designed to accommodate drop-offs and
pick-ups on site, without interrupting traffic flow on local streets;
From a land use locational perspective, the intent that a high school be located on a major
road is met by the proposed Learning Gate Middle and High School. The school not only
has direct access to US 41 (a six lane arte1ial), the site also has an access with Sunset
Lane a two lane collector shown on the MPO Cost Affordable Plan.
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The project is be conditioned to require an easement access to gain access to US 41 and
conditioned to require that the connection to US 41 be made concurrent with the
development of the school to ensure the connection to US 41 is in place to serve the
school site.
It is found that the proposed middle and high school will have approximately 3,950 feet
of queue length from US 41 to the proposed drop-off and pick-up area and approximately
I ,650 feet of queue length from Sunset Lane to the drop-off and pick-up area. In totaL
the proposed on-site circulation network provides approximately 5,600 feet of functional
queue length for the school. A standard fonnula for calculating inbound queue length
needs for a given school would require approximately 4,850 feet of inbound queue length
for a I ,000 student school. Thus, it is found that the proposed school is providing
sut1icient queue length on site for the intended school population.
Considerable testimony was provided at the hearing regarding congestion on Sunset Lane
and the need to address the amount of school trat1ic that utilizes the Sunset Lane
driveway.
The trat1ic analysis prepared by the applicant and reviewed by County statT demonstrates
that with the construction of an eastbound to northbound left tum lane and a westbound
to northbound right tum lane the Sunset Lane and school driveway intersection will
operate at an acceptable level-of-service. No other transportation assessments were
presented to refute the findings and conclusions of this traffic analysis.
However, it is found that the more substantial queue length provided on site for the
school is from the US 41 entrance. On the other hand, the main parking lot fc1r the school
is proposed in the south-central portion of the project site closer to Sunset Lane. In
addition the queue length tiom the Sunset Lane entrance to the drop-off and pick-up area
is shorter. Given an estimated overall queue length need of 4.850 feet and the
approximate length of the US 41 queue of3,950 feet it is found that the US 41 queue
could accommodate approximately 70 to 80% of the inbound queue needed for the
school. Testimony was presented at the hearing that approximately 500 students would
be high school students. Testimony was presented that the main parking lot would
accommodate approximately 270 vehicles.
Given the relatively shorter length of the Sunset Lane queue, the location of the primary
parking lot tor the school and the concem to ensure that the school trat1ic is distributed
proportionately so that the longer queue available from US 41 to the drop-off and pick-up
area is utilized as intended by the site design and trat1ic congestion is minimized along
Sunset Lane. it is found that the Sunset Lane entrance should be restricted to right-in,
right-out and left-out turning movements only. The access should be designed and
constructed to physically prohibit eastbound to northbound tuming movements.
It is found that restricting the Sunset Lane driveway connection tuming movements will
discourage students and parents arriving from the north and south along US 41 from
tuming on to Sunset Lane.
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Furthemwre, it is found that the requirement that the school prepare and submit a
transportation circulation plan to the County that will be reviewed f()r hours of operation,
staggered school hours, student drop-off and pick-up vehicle stacking locations/details,
etc., will further ensure the appropriate distribution of the proposed school tratlic on the
adjacent roadways outside of the adjacent roadway a.m. and p.m. peak hours and ensure
school queue traffic occurs on the school site.
Testimony at the hearing indicated, and an agency comment sheet from EPC staff states
that the proposed approximate 1.22 acres of wetland impacts associated with constructing
a project road from US 41 to the school drop-off and pick-up area have been conceptually
authorized. No other wetland impacts are proposed on the project site.
The applicant has proposed a 150 toot setback rrom the lake located along the northern
property line. The Comprehensive Plan would require a 50 toot setback from the lake. It
is found that the proposed school is providing for an extraordinary setback from the lake.
The proposed school is providing for a substantial amount of open space/land area to be
left in its natural state around the project perimeter. ln part, it is recognized rrom a
cohesive master planned unified school campus perspective many of these perimeter
uplands. although accessible and perhaps useable for other types ofland uses such as
single family residential, arc not as viable f(.Jr school development purposes. However,
where the main campus/upland area does exist and uplands are located adjacent to the
Sunset Manor subdivision the proposed school has proposed a 50 toot setback/buffer area
along the east side of the subdivision where a I 0 toot setback/buffer would otherwise be
required. The proposed school has proposed a I 00 foot setback/buffer along the north
side of the Sunset Manor subdivision where a 10 foot setback/buffer is otherwise
required. Along the west side of the Sunset Manor where no development is proposed
other than a site access road. which will be setback a minimum of I 00 feet rrom the lots
within Sunset Manor, the school has identified a !50 foot long segment where enhanced
landscaping could be provided.
It is f()und that the proposed school site set asides of uplands/open space and proposed
setbacks far exceed the requirements of the Land Development Code.
It is found that site development, stonnwater. water use. and septic tank pennitting
requirements and procedures are in place in Hillsborough County, the Department of
Environmental Protection and the Southwest Water Management Dist1ict, that effectively
review and address project related development and infrastructure impacts.
It is found, given the proposed schools site design, proposed setbacks, proposed set asides
of open space. and as conditioned by Development Services stall and as further
conditioned below that the proposed school is compatible with the surrounding land uses
and consistent with the Comprehensive Plan.
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Conclusions of Law
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Based upon the testimony received, the evidence submitted, a review of the Dcvelopil!ent
Services Department case file. the staff report of the Development Services Departmtlni,
and a review of the Land Development Code, it is concluded that the Special Usc is
suppOiiable and that the charter school expansion is appropriate for the subject location.
It is concluded that the applicant has satisfied the requirements of the Land Development
Code t(Jr approval of the Special Use Pem1it.
Decision
Approved with conditions as recommended by Development Services Dcpmimenr_-statl
as amended at the hearing. and as conditioned below:
Steven K. Luce, A!CP
Land Use Hearing Officer
Date: June L 2012
To be numbered appropriately by Development Services staff:
7) The ee'< elefler shall be reEJHiree to eonstrnet the f(JIIowing site aeeec>s !Hrn lanes:
7.1 left tHrn lane en Lane into the site.
7.2. right lane on Lane into the site.
The Sunset Lane driveway shall be limited to right-in, right-out and left-out
turning movements only. The access connection shall be designed and constmcted
by the developer to physically prohibit eastbound to northbound left tum
movements into the school site.
The developer shall design and constmct a westbound right turn lane on Sunset
Lane into the site.
If available, the site shall be served by public wastewater service. Hillsborough
County shall detennine the availability of wastewater service in accordance with
existing availability determination procedures. If wastewater service is not
available and septic tanks arc to be used, septic tanks shall only be located outside
the WRPA Zone 2 boundaries.
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