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Board permits private special‑needs day school as permitted use in C‑2 zoning

Flagler County Planning and Development Board · July 11, 2019
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Summary

The Flagler County board approved application 3183, determining that a private day school for children with special needs may be treated as a permitted use in C‑2 General Commercial/Shopping Center districts, with staff advising potential conditions on size and scale for compatibility.

The Flagler County Planning and Development Board voted on June 11 to allow a private day school for children with special needs as a permitted use across C‑2 commercial zoning under application 3183.

Planning staff (Mr. Mingle) framed the request as a legislative determination under Flagler County Code section 3.030.17(b)(22), noting the county uses NAICS for analogous uses and that past determinations (such as permitting a landscape supply store in C‑1 subject to conditions) provide precedent for attaching size or buffering conditions. Staff recommended that private schools be allowed in the C‑2 district, and suggested the board could consider additional restrictions on size or scale to ensure compatibility with other C‑2 uses.

Jean Fish, a CCIM with DLP Realty representing the applicant, described the proposed operation as a small, day‑only private school providing individualized instruction for children with special needs. Fish said the use would generate traffic and some noise but compared it to existing daycare and music schools in C‑2 areas and recommended approval for the entire district.

Board members discussed two compatibility questions: whether the proposed use would harm surrounding businesses and whether surrounding businesses could harm the school. Staff reviewed the county’s hierarchical zoning approach (O‑1 → O‑2 → C‑1 → C‑2) and explained private schools have appeared historically in various categories as public or nonprofit uses. After no public comment, a member moved to approve the determination; the motion passed by voice vote and the chair announced the motion carried.

Ending: The board's determination permits private special‑needs day schools in the C‑2 district; the transcript does not record explicit conditions attached to the approval or a roll‑call record of individual votes.