This is a request for a special exception use for a private school on the subject property.

In accordance with local notification procedures, notice detailing the date, time, and location was posted in the Observer Local News on December 26, 2024. Notices were mailed to the property owners within 300ft of the subject property, within the City of Bunnell limits, on December 23, 2024.

The applicant, Erika Rodriguez, is proposing to use the subject property for a private school. The applicant plans on moving the private school currently established at 201 W Moody Blvd to the subject site. This property was recently rezoned to B-1 from ND, Non-designated. The applicant does plan to make improvements to the site by adding additional structures.

Existing Conditions

The property is currently zoned B-1 with a Future Land Use designation of Commercial Medium. The site is currently developed with a single-family residence. According to the district regulations, Section 34-117, a private school or institution is not listed as a permitted principal use; however, under section 34-117(c)(3), this proposed use may be permittable through special exception approval granted by the Planning, Zoning and Appeals Board.

Findings

The purpose of the B-1 zoning district is to guide and regulate commercial uses including personal and business services and general retail business. It is the intent of this district to allow a wide-range of commercial uses, provide for a medium to high concentration of commercial activity, and ensure compatibility with the adjacent properties. The surrounding area consists of commercial uses with the exception of the pine forest mobile home park to the northeast. 

The proposed use is determined not to be contrary to the purpose and intent of the district, nor is it a detriment to the character of the area. The applicant will have to coordinate traffic patterns within the site to ensure the increase of traffic at times of student pick-up/drop-off do not adversely impact State Road 11 and to alleviate traffic concerns.

Staff is recommending to approve the special exception with the following conditions:

1. A double dumpster enclosure will be required to be implemented on site in accordance with Chapter 50 of the Code of Ordinances.
2. Traffic created due to the individuals picking up and dropping off the students during the allotted times must be retained within the subject property at all times to avoid adversely impacting the flow of traffic on State Road 11.
3. This special exception use shall run with the applicant and shall not be transferrable should the tenant ever change. If under any circumstance the use of the property changes, or if the leasee of the property changes, then at such time shall this special exception become null and void. If conditions one through three are ever violated and/or not fulfilled, then at that point it shall be considered grounds for removal of the special exception at the discretion of the Planning, Zoning and Appeals Board.

If motioned for approval, please state along the lines of "I make a motion to approve the special exception with staff's conditions."

If motioned for denial, please state along the lines of "I make a motion to deny the special exception for the use of a private school on the subject property" and state the reason for denial.

*The Planning, Zoning and Appeals Board has the ability and authority to amend the conditions or apply more than what staff has recommended*