Public Hearing Orange County Public School West Orange Relief High

Citizens United for Sensible Growth, Inc.

Presentation to: Board of County Commissioners

In Opposition to the Requested:

Special Exception Application SE-13-07-046 In District 1

November 5, 2013 Karen Consalo, Esquire 836 N. Highland Avenue, Orlando, Florida 32801

• Certified by the Florida Bar in 2010 as an expert in City, County & Local Government Law

• Certified by the University of Florida in 2000 in Land Use & Environmental Law

• Professor of Land Use Law at Rollins College (Masters and Undergraduate Courses)

• Professor of Florida Constitutional Law at Barry University School of Law

Rich Unger, FAICP

 Fellow of the America Institute of Certified Planners (AICP)  Former Planning Director at MSCW, where he was directly involved in the planning of Horizons West  Former Planning Bureau Chief, City of Orlando  Over thirty (30) years as a professional planner June Cole and Ricardo Cumburbatch  Residents of the West Windermere Rural Settlement.  Property owners directly adjacent to the proposed high school location. Homes located at 5836 Oxford Moor Boulevard, Windermere, Florida 34786 (June Cole) and 5710 Oxford Moor Boulevard, Windermere, Florida 34786 (Ricardo) Citizens United for Sensible Lake Mary Jane Rural Settlement Growth, Inc. Lake Mary Jane Alliance

Rural Settlement Alliance Lake Pickett Rural Settlement

West Windermere Rural Lake Pickett Community Settlement Organization Clarcona Rural Settlement Tangerine Rural Settlement

Clarcona Improvement Tangerine Improvement Society Association Lake Whippoorwill Hart Rural Bithlo Rural Settlement Settlement Gotha Rural Settlement Whippoorwill Hart Community Gotha Community Association Association

Lake Avalon Rural Settlement Hearings Prior BCC:  Two Development Review Committee Meetings to thoroughly review the project.  At DRC, Orange County staff nearly unanimously against approval of this Special Exception due to noncompliance with Comp Plan and the LDC  BZA voted 4-2 in favor of high school; however BZA member Tony Rey is nephew to the School Board’s lead attorney on this matter and BZA member Zachary Seybold left the meeting prior to the vote. Without these usual factors, the BZA vote may have been very different!

Residents Do Not Oppose a High School! They Oppose the Poor Planning and Long Term Problems of Locating a High School at this Location. There are at least two alternative locations for this high school which are readily available, better suited, and do not require a special exception!

So why here? Because: • OCSB choose to purchase property in a Rural Settlement • OCSB chose not to purchase access along Ficquette/Winter Garden Vineland Road • OCSB overpaid for the property Careless Acquisition History:  Sales agreement included a contingency clause to allow OCSB to seek proper zoning for a high school prior to purchase. The School Board chose not to obtain the zoning and bought the property anyway!  OCSB also had the opportunity to purchase the 10 acres immediately south of this property, to obtain a secondary access onto Winter Garden Vineland Road and chose not to purchase this property! These Poor Real Estate Decisions Might Have Been Avoided Had OCSB Consulted with Orange County Prior to the Purchase. OCPS CREATED THIS PROBLEMS BY FAILING TO COORDINATE WITH ORANGE COUNTY BCC

 On Nov. 1, 2011 Mayor Jacobs requested a meeting between Orange County and OCPS to discuss the school siting issues caused by lack of joint planning and coordination  However, two days before this scheduled joint meeting to talk about better planning and coordination, on April 30, 2013, OCPS filed this Special Exception application precluding an effort toward discussion, joint planning, or coordination  OCSB purchased the wrong land, avoided any joint planning with BCC, and now insists that the BCC grant this special exception because of the school board’s mounting problems SCHOOL BOARD THEN SAT ON THE PROPERTY, WAITING UNTIL THE NEED FOR A NEW HIGH SCHOOL WAS IMMINENT TO PRESSURE ORANGE COUNTY TO APPROVE A HIGH SCHOOL IN A PROTECTED RURAL SETTLEMENT To Enhance this Pressure on Orange County, the School Board has Exaggerated the State of “emergency” for a new high school:

Fiction Fact*  Current Capacity is 4,000  Winter Garden High School is Overcrowded  Current Enrollment is 3,800  Students sitting on floor  Empty classrooms are available  Capacity Transfer Unused

*Per verbal representation from WGHS Principal, Douglas Szcinski at the OCPS Open House on August 28, 2013 and restated by Mr. Szcinski via e-mail to Alisha Gill dated September 17, 2013. Capacity Transfer (Obtained from OCPS website) Exaggerated Time for Construction

 OCSB construction of Ocoee high school was only two years  No reason this construction should take any longer than two years  Mr. Mike Smith is going to present timeline for construction There is no emergency need for a high school. But if the School Board insists that there is an urgency to start construction, why not utilize one of the two existing sites? Either would save the time of seeking a special exception and the potential delay of litigation? Alternative Locations: Seidel Road Site

 Owned by School Board  No need for a Special Exception  Perfectly located for anticipated growth in Horizons West  Sufficient roadway access on multiple roads  Can start construction immediately  Sell the Rural Settlement property to turn a profit Alternative Site 2: Tiny Road  Land is government owned and likely OCSB can lease or purchase below market value  School can use brand new Sports Facility, reducing construction costs and time (compliant with Comp Plan Policy 5.11.1 and LDC 38-1756)  New roadway access points making traffic safe and efficient  Profit potential in selling 535 land The New School Will Predominately Serve Horizon West and S. Winter Garden Described by Superintendent Blocker as “a site for one of three high schools to serve Horizon West and S. Winter Garden area of WOC”*

This high school is not intended, nor will it, primarily serve residents of the West Windermere Rural Settlement

*See purchase discussion in School Board minutes dated 4/6/04. Student Population 2017-18

--- Rural Settlement Boundary ____ Rural Settlement Boundary Existing West Orange High School Student Distribution by Zip Code by %

Orlando Oakland, 47 students 251 students 1.4 Ocoee,246 students 7.3 7.1

Windermere Out of 879 students, 526 879 students are in Horizon West which 25.5 drops the Windermere % Winter Garden 2,022 students to 10.2% 58.7

Student Numbers provided by OCPS – Pupil Assignment, Sandra Simpson So Why Here? Why Force this School in a Protected Rural Settlement Area and set a precedent to eviscerate the protections of all of Orange County’s Rural Settlements? Comprehensive Plan Policies Which Require Schools Be Located Within the Area of the Population Expected to be Served. In this case, Horizons West: Public School Facilities Goal 2; FLU Policy 4.18.8 Section 38-1753 of the Orange County Code Decades ago Orange County set out to protect certain areas of the county from this very type of high density, urban development. Comprehensive Plan Policies Which Demand Protection of Rural Settlements: Objectives 6.2 and 6.3 and Policies 6.2.4, 6.2.5; 6.2.12 and 6.2.14 • OBJ FLU 6.2 RURAL SETTLEMENTS. 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.

• Our residential styles within the West Windermere Rural Settlement may differ from those found in other Rural Settlements; but the determination that the West Windermere Rural Settlement is in fact “rural” and therefore worthy of the same protections provided to other Rural Settlements, was made by the Board of County Commissioners in 1991 during the adoption of the Comprehensive Plan. Rural character and lifestyle should include development densities and intensities. The average residential density in West Windermere Rural Settlement is one (1) dwelling unit per developable acre, which is defined in the Comprehensive Plan as “rural”. • OBJ FLU 6.2 RURAL SETTLEMENTS. 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.

• The scale of this proposed high school would NOT represent an appropriate transitional land use to the adjacent urbanized area. FLU 6.2.1 The following Rural Settlements shall be designated on the Future Land Use Map to meet the desire for a rural lifestyle. No new Rural Settlements or expansions to the existing Rural Settlement boundaries shall occur; however, within 18 months, Orange County shall complete a study to determine whether the existing Rural Settlements should be expanded.

Bithlo North Christmas Bridle Path Otter Lake Christmas Paradise Heights Clarcona Rainbow Ridge Corner Lake Sunflower Trail/Seaward Plantation Gotha Tangerine Lake Avalon Tildenville Lake Hart/Lake Whippoorwill Wedgefield Lake Mary Jane West Windermere Lake Pickett Zellwood North Apopka/Wekiva Zellwood Station

The basis of this policy is that Rural Settlements were implemented to recognize communities that existed at the time of the 1991 CPP adoption. This policy change is being implemented as part of this update’s strategy to focus development within the County’s USA and discourage the proliferation of extended Rural Settlement boundaries. In addition this policy will allow time for vacant and committed lands within existing Rural Settlements to develop as a means of satisfying this style of living. Northeast Corner of West Windermere Rural Settlement – Jan. 1990

Windsor Hill (Not Gated) Lake Down Crest(Gated)

This map clearly shows that large lot, single family communities were clearly underway in WWRS when the CPP was adopted in 1991. And just as FLU 6.2.1 intended, over time the vacant and committed lands have been developing to meet the desire for this rural style of living. Same neighborhoods – April 2002

Windsor Hill (Not Gated) Lake Down Crest(Gated) Lake Down Crest Entrance (Protected in 1991; just how West Windermere looks today) Windsor Landing (Protected in 1991; just how West Windermere looks today) Entrance Large Residential Lots FLU 6.2.5 The permitted densities and intensities of land use within the Rural Settlements shall maintain their rural character. Factors to be considered shall include lot size, open space and views, tree canopy, building location and orientation, and compatibility with existing land uses. Density and Floor Area Ration (FAR) calculation shall be defined as the language specified in Future Land Use Element Policy FLU1.1.2(C).

The extreme magnitude of this proposed high school does NOT preserve the rural character of the West Windermere Rural Settlement, and the uses and facilities associated with the high school would adversely impact the rural character found in the adjacent residential and existing neighborhoods. FLU 6.2.5 The permitted densities and intensities of land use within the Rural Settlements shall maintain their rural character. Factors to be considered shall include lot size, open space and views, tree canopy, building location and orientation, and compatibility with existing land uses. Density and Floor Area Ration (FAR) calculation shall be defined as the language specified in Future Land Use Element Policy FLU1.1.2(C).

• FLU 6.2.12 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 that 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. • The use, as determined by a market study, is primarily intended for those whose daily life activities do not occur within the Rural Settlement.

Since the adoption of the 1991 Comprehensive Plan, the County has successfully maintained the rural character within the WWRS. • FLU 6.2.12 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 that 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. • The use, as determined by a market study, is primarily intended for those whose daily life activities do not occur within the Rural Settlement.

FLU 6.2.14 The future land use, density and intensity of development adjacent to a Rural Settlement shall not negatively impact the character of the Rural Settlement. Density on adjacent parcels shall be reviewed in the context of its compatibility with the Rural Settlement. Additional compatibility may be provided using buffering or the clustering of units with dedicated open space, consistent with Future Land Use FLU6.2.6. Adjacent development shall be designed to produce minimal impact on local roads within the Rural Settlement. (Added 12/00, Ord. 00-25, Policy 2.1.18)

This policy states that you should review density on adjacent parcels in context of its compatibility with the Rural Settlement. It does NOT say that you that you should review density in context of its compatibility with the surrounding area. FLU 6.2.14 The future land use, density and intensity of development adjacent to a Rural Settlement shall not negatively impact the character of the Rural Settlement. Density on adjacent parcels shall be reviewed in the context of its compatibility with the Rural Settlement. Additional compatibility may be provided using buffering or the clustering of units with dedicated open space, consistent with Future Land Use FLU6.2.6. Adjacent development shall be designed to produce minimal impact on local roads within the Rural Settlement. (Added 12/00, Ord. 00-25, Policy 2.1.18)

Comprehensive Plan Policies Which Require Compatibility of New Development with Existing: Objective 8.2 and Policies 8.2.1 and 8.2.10 Rich Unger, AICP Lack of Compatibility of Proposed High School at this Location. Preserve the Rural Settlement Area, R-CE, Character Which one matches Current Character?

Southern Acres to North Which one matches Current Character?

Oxford Moor to the East The Proposed High School is incompatible in Architecture and Size Oak Ridge High School

3 story classrooms, 350,000 sq. ft. of buildings Olympia High School

Mildew Tennis Courts Rear View – 2 story

Trailers/Dumpsters Sea of Parking Lots Olympia High School Sign Violations 8 signs where PD/LUP allows only 2 (one at each entrance)

Apopka-Vineland Entrance-North

Apopka-Vineland Entrance-South Conroy Entrance Other OCPS Schools

Back of Ocoee High School – 2 story

Back of Wekiva High School – 2 story

Back of Wekiva High School Appropriate Scale and Design Can Be Done with a High School but OCPS Refuses to Modify its Boilerplate High School

Windermere Preparatory School

OCPS Standard Model Scale and Design Windermere Preparatory: OCPS High School Prototype: Windermere Prep Comparison:

OCPS WPS  350,000 square Feet  250,000 Square Feet  2,850 High School Students  425 High School Students  9-12 Grade  K-12  Stadium Lights  No Stadium Lights (per  Design does NOT Special Exception) complement the Rural  Architecture and design was Settlement established to complement  Proposed H.S is located the rural settlement adjacent to four existing  Special exception was large lot ,rural residential granted in 1998 prior to the subdivisions (R-CE-1) and approval of the majority of purchased after the platting subdivisions in the area of these four subdivisions Windermere Prep Student Distribution by Zip Code

418 35% 703 R/S Students 59% Outside R/S Students 79 Foreign Students 6% This is What OCPS Wants to Put in the Rural Settlement:

OCSB Oakridge High School Orange County Says it Wants Smart Growth! (Required by the Comprehensive Plan 2010-2030) • Mixed land uses • Creates walkable neighborhoods • Improves traffic congestion • Preserves rural space • Fosters strong sense of belonging • Encourages strong citizen involvement • Revitalizes community life (Horizon West designed to be a “Smart Growth” community)

The Application Fails to Meet Orange County Code’s Special Exception Criteria Special Exception Criteria 1. Consistent with the Comprehensive Plan The use shall be consistent with the Comprehensive Policy Plan. 2. Similar, Compatible & Consistent with Surrounding Area The use shall be similar and compatible with the surrounding area and shall be consistent with the pattern of the surrounding development. 3. Not a Detrimental Intrusion The use shall not act as a detrimental intrusion into a surrounding area. 4. Performance Standards The use shall meet the performance standards of the district in which the use is permitted. 5. Use shall be Similar in Noise… 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. 6. 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

Special Exception Criteria

1. Consistent with the Comprehensive Plan The use shall be consistent with the Comprehensive Policy Plan.

2. Similar, Compatible & Consistent with Surrounding Area The use shall be similar and compatible with the surrounding area and shall be consistent with the pattern of the surrounding development.

• OBJ FLU 8.2 COMPATIBILITY. Compatibility will continue to be the fundamental consideration in all land use and zoning decisions. For purposes of this objective, the following policies shall guide regulatory decisions that involve differing land uses.

• This proposed high school is located immediately adjacent to four existing, large lot, rural residential subdivisions zoned R-CE-1/1 (Southern Acres, Lake Cawood Estates, Oxford Moor and Tildens Grove) – three of which are located in the West Windermere Rural Settlement.

• Given the proximity to these subdivisions in conjunction with the impacts associated with high school-related activities, it is inconsistent with OBJ FLU 8.2.

•OBJ FLU 8.2 COMPATIBILITY. Compatibility will continue to be the fundamental consideration in all land use and zoning decisions. For purposes of this objective, the following policies shall guide regulatory decisions that involve differing land uses.

•This proposed high school is located immediately adjacent to four existing, large lot, rural residential subdivisions zoned R-CE-1/1 (Southern Acres, Lake Cawood Estates, Oxford Moor and Tildens Grove) – three of which are located in the West Windermere Rural Settlement.

•Given the proximity to these subdivisions in conjunction with the impacts associated with high school-related activities, it is inconsistent with OBJ FLU 8.2. • FLU 8.2.1 Land use changes shall be required to be compatible with the existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use Map change. (Policy 3.2.25)

• FLU 8.2.11 Compatibility may not necessarily be determined to be a land use that is identical to those uses that surround it. Other factors may be considered, such as the design attributes of the project, its urban form, the physical integration of a project and its function in the broader community, as well its contribution toward the Goals and Objectives in the CP. The CP shall specifically allow for such a balance of considerations to occur.

• The Applicant has compared itself to Windermere Preparatory School located approximately one-mile to the East of this proposed site. There are noteworthy differences between the two. • FLU 8.2.1 Land use changes shall be required to be compatible with the existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use Map change. (Policy 3.2.25)

• The Applicant has compared itself to Windermere Preparatory School located approximately one-mile to the East of this proposed site. There are noteworthy differences between the two.

• The overall scale and design, and more specifically the adverse impacts on the immediately adjacent and existing residential neighborhoods make the proposal incompatible.

Special Exception Criteria

3. Not a Detrimental Intrusion The use shall not act as a detrimental intrusion into a surrounding area.

• 350,000 sq. ft. of multiple buildings • 3 story classrooms – 50 ft. high • 2,850 + students • Six sport related facilities

Under current zoning – maximum # lots = 66 (632 calculated daily trips) High School with 2,850 students = 4,822 daily trips 7 times the amount of traffic if developed as single-family lots

Calculations are based on the State of Florida’s DOT 8th Edition ITE Generation Report.

Special Exception Criteria

3. Not a Detrimental Intrusion The use shall not act as a detrimental intrusion into a surrounding area.

• 350,000 sq. ft. of multiple buildings • 3 story classrooms – 50 ft. high • 2,850 + students • Six sport related facilities

Under current zoning – maximum # lots = 66 (632 calculated daily trips) High School with 2,850 students = 4,822 daily trips 7 times the amount of traffic if developed as single-family lots

Calculations are based on the State of Florida’s DOT 8th Edition ITE Generation Report.

Special Exception Criteria 5. Use shall be Similar in Noise… The use shall be similar in noise, vibration, dust, odor, glare, heat producing and other characteristics that are associated with majority of uses currently permitted in the zoning district.

• High School Football Games • Band practice • Stadium Lighting • Announcements

These are NOT similar characteristics to those associated with zoning designations of R-CE-1/1.

Oak Ridge HS AC Unit Noise West Orange HS Football Lights Special Exception Criteria 5. Use shall be Similar in Noise… The use shall be similar in noise, vibration, dust, odor, glare, heat producing and other characteristics that are associated with majority of uses currently permitted in the zoning district.

• High School Football Games • Band practice • Stadium Lighting • Announcements

These are NOT similar characteristics to those associated with zoning designations of R-CE-1/1.

If Approved, this High School Will Create Long Term Traffic Congestion & Pedestrian Safety on County Road 535 and Winter Garden Vineland intersection County Road 535:

• A four lane arterial highway with interspersed turn lanes • Serves as the primary roadway for Disney employees • Comprehensive Plan Transportation Element indicates that “three (3) northern segments of CR 535 will be failing through 2030” School Board Proposal:  All high school traffic (morning, evening, lunch) will ingress and egress from CR 535  Due to the School Board’s decision not to purchase the 10 acres south of this property, there is no other roadway access!  Proposed high school with add 69 bus trips per day  Will add 3,953 other vehicular trips per day, which will overlap with morning rush hour (1,483 additional peak AM trips and 1,049 additional peak PM trips)  Need to widen bucolic CR 535 to seven lanes with two new signaled intersection, dual left turn lands and a right turn lane Roadway Capacity and Level of Service (LOS) • The Orange County Transportation Element is dominated by goals and objectives to move vehicles smoothly, as fast and unimpeded as possible. Objective T2.1 requires the County to maintain minimum level of service standard “D” in rural areas) • Traffic studies consider congestion and impacts to roads, not impacts to adjacent and nearby properties; roads, cars and congestion mitigation are all that matter

If this high school is approved, the LOS of CR 535 will fall to a Level E ! LOS From Transportation Element of Comprehensive Plan Policy T1.1.5 “Orange County shall consider commercial vehicles, including buses and trucks with six or more tires, in the planning and design of the County’s Transportation system”

90 AM; 80 PM bus trips for the school!

Student/Faculty arrival and departure times anticipated back-ups:

Sunset Park Elementary Sunset Park traffic blocking Commercial businesses driveway Vehicular and Pedestrian safety required by: Public School Facilities Policy 8.7.4, Transportation Element T2.5, and Transportation Policy T.2.5.13

When Forced by the School Board into a Similar Situation by OCPS regarding Evans High School, this BCC denied the Special Exception Request

Evans High School Development Trend (Clarcona Rural Settlement) Vs. West Orange Relief HS Development Trend (West Windermere Rural Settlement) Evans vs. West Orange

CLARCONA R.S. WEST WINDERMERE R.S.

East-Institutional Use Residential RS- 1/1 South-Storage Facility/Gas/Cell Tower Future Commercial (+PD) West- High Density Residential Residential RS-1/1 North- RC-E and Retention Pond Residential RS- 1/1 Uses Around Evans Proposed High School Evans Denial In Clarcona Rural Settlement:

• Both sites purchased approximately same time

• Both sites in Rural Settlements

• Proposal to build a massive high school in the Rural Settlement was denied by County Mayor & BCC because it was found NOT to be consistent with FLU policy 3.2.25 & 2.1.18 AND would negatively impact the character of the Clarcona Rural Settlement.

The BCC determined that this area within a Rural Settlement was not compatible with a huge high school: To Summarize, This Proposal:

 Violates the Orange County Code protections of a BCC designated Rural Settlement  Violates Orange County Comprehensive Plan requirements for compatibility of development, vehicular and pedestrian safety  Fails to satisfy Orange County Code requirements for granting a Special Exception

If the BCC approves the Special Exception Today, it will have no further authority or control over any aspect of design or construction of this high school!

This is the BCC’s one and only opportunity to protect its Rural Settlement. The BCC should continue to hold firm to the protections on Rural Settlements.

OCPS can locate this high school at two other existing locations outside of the Rural Settlement and should do so. Summary:  This site is located in the West Windermere Rural Settlement as established by the BCC in the 1991 Comprehensive Plan. Per the Comp Plan and LDC, this area is protected from high impact, incompatible developments.  The mega high school proposed by OCSB is wholly incompatible with the community and cannot pass the LDC standards required for approval of a Special Exception.  Further, OCSB has exhibited poor stewardship of its high schools at Olympia and Oakridge and will likely treat this community with the same disregard once it has the Special Exception in hand.  There are at least two (2) other viable, appropriate, and compatible locations for this high school which OCPS could use which are closer to the anticipated student population, with adequate and safe road access, and which do not special approvals to start construction.  Please do not allow OCPS to destroy the character and beauty of this Rural Settlement simply because it made a poor real estate decision years ago!