Placement: Resolutions / Quasi-Judicial Hearing
Action Requested: Motion / Vote
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Resolution 25-R30, Quasi-Judicial, Public Hearing, a Resolution Granting a Special Exception Use to Allow a K-8 Private School in the Commercial General (CG) Zoning District Per Section 158.124(C)(8) of the Code of Ordinances for a Project Known as Dalton Learning Academy (P25-041); Providing for Conflicts; Providing for Severability; and Providing an Effective Date.
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Submitted By: Bethany Grubbs, Senior Planner
Strategic Plan Link: The City’s Vision to support opportunities for all people to thrive.
Executive Summary (General Business): This is a request for a special exception use to allow a K-8 private school in the Commercial General (CG) zoning district per Section 158.124(C)(8) of the Zoning Code. The 4.5-acre site is located approximately 0.3 miles south of SE Lyngate Drive on the west side of South US Highway 1.
Presentation Information: Staff will provide a presentation.
Staff Recommendation: Move that the Council approve the resolution with the following conditions:
1. This Special Exception Use shall be granted exclusively to the current applicant and shall terminate automatically upon cessation of the approved business operation by the current Applicant. Any change in ownership, business entity, or discontinuation of the approved use shall render this Special Exception Use null and void.
2. The shared parking agreement submitted as part of the application shall remain in full force and effect for the duration of the approved use. Any modification, amendment, or termination of the shared parking agreement shall require prior review and written approval by the City.
3. This Special Exception Use approval permits a maximum enrollment of 200 students, subject to compliance with Florida Statutes § 1003.03, which governs class size limits in accordance with the state constitutional amendment on public school classroom capacity.
4. If the site is found to be out of compliance with the Operational Management Plan included as part of the Traffic Analysis for this Special Exception Use, the school owner or its authorized agent (“School Owner”) will have 45 days to:
(a) amend the Operational Management Plan, in a manner acceptable to the City’s Public Works Department, to mitigate traffic or stacking issues; or
(b) enforce the Operational Management Plan to ensure mitigation of traffic or
stacking concerns (“Corrective Actions”).
If the School Owner does not timely take Corrective Actions this Special Exception Use approval will expire. If the Public Works Director determines that the School Owner is acting in good faith to resolve issues with the site and that the Corrective Actions will require more than 45 days to accomplish, the Public Works Director may provide the School Owner with an extension of time to take Corrective Actions.
5. Any failure to comply with these conditions of approval shall render this Special Exception Use null and void.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the resolution.
2. Move that the Council deny the resolution.
Background: The Planning and Zoning Board recommended approval at the June 3, 2025, meeting. The Site Plan Review Committee (SPRC) recommended approval at their May 14, 2025, meeting.
Issues/Analysis: The applicant is requesting a special exception use (SEU) to allow a K-8 private school in the Commercial General (CG) zoning district. Section 158.124(C)(8) lists “Schools (public, private or parochial) or technical or vocational schools” as special exception uses that may be permitted only following the review and specific approval thereof by the City Council. The proposed application pertains specifically to the central portion of an existing free-standing building. The overall site encompasses approximately 44,320 square feet and is currently subdivided to accommodate three separate users. The proposed school will occupy approximately 14,450 square feet of this total area. The school will consist of 12 classrooms serving a maximum of 200 students from kindergarten through 8th grade. Each classroom will accommodate approximately 17 students, along with one teacher and one teacher’s aide. The school hours of operation will be from 7:00 a.m. to 5:30 p.m., with instructional hours scheduled from 8:30 a.m. to 3:30 p.m.
Financial Information: N/A
Special Consideration: Additionally, the project proposes the removal of existing parking spaces located on the north side of the building to accommodate the development of an outdoor playground. To address parking requirements, the applicant has submitted a shared parking agreement. A site plan amendment will be required to reflect these proposed changes.
Location of Project: Located approximately 0.3 miles south of SE Lyngate Drive on the west side of S US Highway 1.
Business Impact Statement: N/A
Attachments:
1. Resolution
2. Exhibit “A” Conceptual Site Plan
3. Staff Report
4. Cover Letter, Application, and SEU Question Responses
5. Conceptual Floor Plan
6. Warranty Deed
7. Agent Authorization Form - Phyls Academy Preschools, Inc.
8. Shared Parking Analysis
9. CRA Support Letter
10. Public Works Traffic Memo
11. Traffic Analysis
12. FDOT - Letter of No Objection
13. Recorded Easements
14. Staff Presentation
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 25141-14
Legal Sufficiency Review:
Reviewed by Russell Ward, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.