HomeMy WebLinkAboutItem #05a - Tutor Time - Special Exception
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AGENDA ITEM STAFF REPORT
Contact Name:
Contact Number:
Bobby Howell l3 H
407 -905-3100/104
Meeting Date: March 20, 2007
Item # Sa....
Reviewed By: bi J
Department Director: __' .~ ~
City Manager: ;~ u nV~ ~
Subject: Tutor Time - Special Exception
Project # SS-2006-006
Commission District 2 - Scott Anderson
ISSUE:
Should the Honorable Mayor and Commissioners approve the Special Exception for Tutor Time child care center?
BACKGROUND SUMMARY:
The proposed Tutor Time child care facility is located on the east side of Clarke Road, approximately one-quarter
mile north of SR 50/Colonial Drive, adjacent to the proposed Dynasty Gallery and Collectibles store. The subject
property is approximately 1.15 acres in size, zoned C-2 (Community Commercial), and is currently vacant. The
table below references the future land uses, zoning classifications and existing land uses of the surrounding
parcels:
Direction Future land Use Zoninq Classification Existinq land Use
North Commercial Commercial (PUD) Vacant parcel of the West Oaks Mall
PUD
East Commercial Commercial (PUD) West Oaks Mall
South Commercial Community Commercial Vacant, site of the proposed Dynasty
(C-2) Gallerv and Collectibles
West Commercial Community Commercial Vacant
(C-2)
Last summer, the applicant submitted a small-scale site plan detailing the construction of a 12,000 square foot
child care facility on the property. Upon submission of the site plan, the applicant was notified that a Special
Exception is required in the C-2 zoning district for child care facilities, and that the Special Exception is required to
be obtained prior to site plan approval.
Upon approval of the Special Exception, and completion of construction of the facility, the Department of Children
& Families (DCF) will inspect the facility under Chapter 402, Florida Statutes and Chapter 65C-22, Florida
Administrative Code, to determine compliance with child care facilities licensing criteria under Florida law. The
actual number of children permitted in the proposed facility will be determined by DCF space requirements. The
child care facility must comply with both the DCF standards and the building and development standards of the
City of Ocoee.
DISCUSSION:
As previously mentioned, the applicant submitted a small-scale site plan last summer detailing the construction of
a 12,000 square foot child care facility on the subject property. The plan also details a +/- 7,000 square foot play
area located at the rear of the property enclosed with a 6-foot high decorative, aluminum fence, which will be
buffered with various plant materials.
Upon conclusion of the first review of the site plan, the applicant indicated the amount of parking required per the
Land Development Code was more than what is normally needed for a child care facility, and subsequently
requested a waiver to allow a lesser amount of parking. The parking waiver will be presented separately to the City
Commission. In the event the site is converted to a retail use, a contingency plan demonstrating additional parking
can be provided in accordance with the retail parking requirements of the Land Development Code has been
incorporated into the plan set.
The Land Development Code defines Special Exception as a use that would not be appropriate without restrictions
throughout the zoning division or district. However, if controlled as to number, area, location or relation to the
neighborhood, would promote the public health, safety. welfare, morals, order, comfort, convenience, appearance,
prosperity or general welfare, such uses would be appropriate. (Emphasis added).
In accordance with Section 4-8.B. (2) of the Land Development Code, the proposed use must be considered in
relation to the compatibility with the surrounding land uses. As previously mentioned, the surrounding land uses
are commercial, or will be developed into commercial uses in the future. Child care facilities are compatible with
commercial uses, and are generally located in commercial areas. The existing Tutor Time child care facility is
located in the Lake Olympia shopping center, which is located at the intersection of Clarke Road and Silver Star
Road. This intersection is one of the City's preeminent commercial nodes, and the use is compatible with the
surrounding commercial uses in this location. Based on this, the use is anticipated to be compatible with the
surrounding commercial uses in the proposed location.
Additionally, the proposed use is not anticipated to:
. Violate the health, safety, welfare, and/or convenience of those working or owning land in the vicinity of the
proposed use or structure
. Impair pedestrian or vehicular movement in adjoining streets so as to violate adopted level of service
standards
. Result in noise, odor, glare, vibration, or other similar characteristic which is detectable at the property line
and which exceeds the level which will result from permitted uses
. Prevent an adjoining landowner from the legal use of his property pursuant to the Land Development Code
. Violate a requirement of limitation of any applicable state or federal law or regulation
. Exceed the applicable density or bulk regulations except as specifically authorized, nor shall the use or
structure result in overcrowding of land or buildings
. Create a fire hazard
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on February 28, 2007 and reviewed the Special Exception
application. The applicant was notified that all concerns in regards to the review of the project had been satisfied.
No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the Special
Exception for Tutor Time child care center.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The minutes and recommendation of the March 13, 2007 Planning & Zoning Commission meeting in regards to
this case will be distributed prior to the City Commission meeting.
2
STAFF RECOMMENDATION:
Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that
Honorable Mayor and City Commissioners approve the Special Exception for Tutor Time child care center.
ATTACHMENTS:
Location Map
Sheet 6 and Sheet L 1, Tutor Time Small-Scale Site Plan
FINANCIAL IMPACT:
None.
TYPE OF ITEM: (please mark with an "x')
~ Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Deaf Use:
_ Consent Agenda
_ Public Hearing
~ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
O:\Staff Reports\2007\SR07015_BH_ TutorTime_SpeciaIException_ CC.doc
3
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Copy of Public Hearing Advertisement
Date Published
~fll\;\Y5dCli I tv'lQr df\ Bi 200'+
Dr l al~d 0 Senh~{1
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Advertisement
TUTOR TIME . SPECIAL EXCEp.
nON
SS.2IJ06.OlJ6
NOTICE IS HEREBY GIVEN, pur-
suant 10 Section 4-8 A. (3),
Ocoee Land Developmenl
Code, Ihal on Tuesdav,
March 20, 2007, 01 7:15 p.m.,
or as soon Ihereafter as
~o~~l~i~~ ~~11 ~gl~E~ ~~~~
L1C HEARING 01 Ihe Ocoee Cllv
Commission Chambers, 150
Narlh Lakeshore Drive,
Ocoee, Florida, 10 consider
~16~qr~~t '!~\oSt'fi~e E~~lrci
~al~~a1:8t~~ 't~h:a~r~Fcle:lit
Clarke Road, appraxlmate-
\he"1~-fe~~~~[la"rillgf ngr~~~~
Road and Slate Road 50.
The complele case file In-
cluding a complele legal de-
scription by metes and
bounds, may be Inspecled
at the Ocoee Communily
Developmenl Deporlmenl,
150 Norlh Lakeshore Drive,
Ocoee, Florida, belween Ihe
hours of 8:00 a.m. and 5:00
~a~:' e~~~1al~9~n~ft~a~~I:
The City Commission may
I continue th-e public hearing
to other dates and times, as
It deems necessary. Any In-
terested party shall be ad-
vised that Ihe dates, times,
and places of any continua-
tion of these or continued
public hearings shall be an-
nounced during the hear-
ings and that no further no.
j tices regarding these mat-
ters will be published.
I ~~b"i"a'l)~ePgG~n~ \i'e~~i~~~
and be heard with respect
to the proposed Special Ex-
ception for the property.
Any person wishing to ap-
peal any decision made dur-
ing the public hearing will
need a record of the pro-
ceedings and far this pur-
pose may need to ensure
that a verbatim record of
~ti1c~rpn~T~3~~~~el ~e~i~';
ny and evidence upon which
the appeal is based. Per-
sons with disabilities need-
i ing assistance to participate
in any of the proceedings
shouid contocl the City
Clerk's Office 48 hours In
advance of the meeting at
(407) 905-3105
Beth Eikenberry, City Clerk
OLS230915 318, 2007