HomeMy WebLinkAboutVI(A) Barragan Child Care - Special Exception Case No. 1-11-SE-003.___rt-_ .
Mayor
S. Scott Vandergrift
City Manager
Jim Gleason
STAFF REPORT
To: The Mayor & City Commissioners
From: Terry L. James, Principal Planner ,
Through: Russ Wagner, AICP /
Community Development Director
Date: June 23, 2004
Subject: Barragan Child Care
Project #: 1-11-SE-003
ISSUE:
Agenda 7/6/04
Item VI. A.
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
Should the Mayor & City Commissioners approve a Special Exception to allow for a Child Care
Facility within the Ocoee Flea & Farmer's Market (a.k.a. Thrifty Acres Shopping Center and the
Ocoee Shopping Center) that is located in Community Commercial (C-2) zoning district?
BACKGROUND:
Parcel Identification Number: 18-22-28-0000-00-024
Property Size: Land area for the entire shopping center parcel is 8.15 acres; the actual square
footage contained in the proposed storefront location is 7,000 square feet.
General Location: The site of this proposed project located in Space # 14 at the west end of the
existing Ocoee Shopping Center at 495 West Silver Star Road. The shopping center is located
on the northwest comer of Ocoee -Apopka Road and Silver Star Road and is owned by Ernest &
Mary Constantino.
Current use proposed use unique features and consistency with the adopted Comprehensive
Plan for the subiect property:
Space # 14 in the shopping center is an abandoned storefront formally known as August Lloyd's
Window Apparel. There are no unique features of the property. The Applicant proposed a
childcare facility in this space. The Future Land Use classification for this entire property is
"Commercial"; current zoning classification is Community Commercial (C-2). The proposed use
as a childcare facility requires the Applicant to submit a special exception application.
City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761
phone: (407) 905-3100 - fax: (407) 656-8504 - www.ci.ocoee.fl.us
Barregan Childcare
Project k 1-11-SE-003
Page 2 of 5
The current zoning classifications and actual uses of parcels surrounding the subiect property:
Direction
Zoning Classification
Actual Use
North
C-2
Light industrial & warehousing uses
East
C-2
Auto Tint Shop, Temporary Labor Facility
southeast
South
C-2
U.S. Post Office
West
C-2
Vacant & small retention ELond
The abutting uses within the shopping center (from the closest Occupant/Business to the east)
are as follows:
West
Silver Star
Address
Shopping Center Current
Occupants/Businesses
491
Paramount Health Club
485
T2 Kitchen & Bath, Inc.
480
Tae Kwon Do
455
Music & Video
451
Mi Pueblito
443.439
Torero Restaurant/Bar
437
La 's Barbershop
429
Florida Water Works
421
Laundromat
The Torero Restaurant/Bar has an active liquor license and is located approximately 250 feet
east of the proposed childcare facility.
The uses located north (or at the rear) of the shopping center storefronts (from the closest
Occupant/Business in the north) are as follows:
Current Warehouse Occupants/Businesses
Classic Plumbing
Florida Millworks & Seating
Johnston Construction Company,Custorn Trim & Su
Florida Millworks & Church Furniture
The remaining properties located on the southeast comer and southern boundary (along the
west side of Ocoee -Apopka Road and along the north side of Silver Star Road) are: Florida
Solar Control that appears to be abandoned/vacant, Labor Ready, the day- or temporary -labor
facility is located in the old bank building and the U.S. Post Office.
Florida childcare facilities procedures & standards:
If this special exception is permitted, the Applicant's proposed childcare facility will be inspected
by the Department of Children & Families (DCF) 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 the DCF space requirements. The childcare facility must comply
with both the DCF standards and the building and development standards of the City of Ocoee.
Barragan Childcare
Project #: 1-11SE-W3
Page 3 of 5
The DCF "Child Care Facility Inquiry Information" fact sheet in outlines the following first steps
for Applicants to start the licensing procedures for their proposed childcare facilities:
Task
Thorou hl review the rules and laws for Florida childcare.
72.
Select a location and contact your zoning office to ensure proper zoning
approval. Written approval from the zoning office will be required to process
our anDlication.
3.
Request inspections from a licensed architect or fire protection engineer, as
well as the health department to determine modifications to be made, if any.
4.
Corn ete the 1!29uiry for and forward to the district Iicensi office.
The Applicant is currently on Step 2; the DCF licensing procedure will follow as indicated in Step
4.
DlscussION:
According to "Table 5-1: Permitted Use Regulations" contained in the Ocoee LDC, childcare
facilities are permitted as a special exception in the following zoning classifications: R-2: One &
Two Family Dwelling, R-3: Multiple Family Dwelling, C-1: Neighborhood Commercial, C-2:
Community Commercial, C-3: General Commercial, and 1-1: Restricted Manufacturing &
Warehousing.
Special Exceptions are defined in Subsection 2-4.0 (282) of the City of Ocoee Land
Development Code as:
A special exception is 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 Subsection 4-8.13. (2) of the Ocoee LDC, Staff must also consider the
proposed use in relation to the compatibility with surrounding land uses. Additionally, Staff must
also consider the overall health, safety, and welfare in relation to the surrounding land uses and
the ultimate users of the facility, the children, themselves.
The Applicant has proposed a childcare facility in this vacant 7,000 square feet storefront in the
Ocoee Shopping Center. The number of children in the facility will be determined at a later date
during the Department of Children & Families licensing procedure.
The proposed site plan shows the required playground located at the rear of the storefront near
light manufacturing and warehousing uses located at the northern portion of the shopping center
site (See Table above). The internal roadways at the rear of the shopping center are unpaved
gravel and may produce dust and other airborne debris.
Since the playground is relatively close to these incompatible uses, the fencing surrounding the
playground should be solid 7-foot vinyl fencing to properly screen the children from these uses
and possible dust/debris. This solid fencing will also screen the children from the retention pond
Barragan Childcare
Project M 1-11-sE-003
Page 4of5
located directly west of the playground. In addition, the fence must provide adequate space
between the shopping center and the warehouse to conform to fire safety standards.
In consideration of the close proximity to the light manufacturing and warehousing uses to the
north and the delivery area at the rear of the shopping center, the playground should also
provide a hard barrier (concrete -filled bollards) to prevent trucks and other vehicles from
backing into the playground perimeter fence.
The Applicant has met the above proposed requirements for the Special Exception petition as
shown in the "Site Plan for Special Exception: Ocoee Shopping Center Space 14" date
stamped May 27, 2004.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On June 2, 2004, the Development Review Committee reviewed the "(Preliminary) Site Plan for
Special Exception: Ocoee Shopping Center Space 14" date stamped May 27, 2004. The DRC
imposed a condition to allow for a minimum of 20 feet between the childcare facility's fenced
playground area and the warehouse to the north for the purpose of fire -safety access. The DRC
then recommended approval to the Planning & Zoning Commission subject to the additional
condition to the special exception application.
PLANNING & ZONING COMMISSION RECOMMENDATION:
On June 8, 2004, the Planning & Zoning Commission reviewed the Barragan Child Care Special
Exception application. The Commissioners expressed concern over the location considering
the "run down conditions" in the area, and the incompatible uses such as the Torero
Restaurant/Bar to the east and the manufacturing and light industrial uses located north of the
proposed playground area for the proposed facility. The Commissioners, however, also felt the
need for childcare in the area and expressed the hope that this facility would spur the clean up
of the northwest comer of Ocoee -Apopka and Silver Star Roads.
The Applicant spoke on her behalf indicating that she wanted a quality child care facility and
would keep the facility clean and abide by all codes. She also indicated that the shopping
center owners, Ernest & Mary Constantino, have begun repairs on the property and were willing
to continue on -going maintenance.
There were no other speakers at the public hearing; however, an e-mail in opposition to this
Special Exception application was read into the record on behalf of Richard Hackworth, the
owner of the Tae Kwon Do School located to the east of the proposed child care facility. (For the
E-Mail, see the attachments)
In consideration of the location and the unpaved roadway at the rear loading area of the
shopping center, the Commissioners also supported the solid vinyl fencing, the concrete -filled
bollards, and the more recent DRC imposed condition of a minimum 20 foot spacing between
the fence and the warehouse for fire safety for this special exception application.
After discussing these issues, the Commissioners voted 6 to 1 to recommend the approval
Barragan Child Care Special Exception application to the City Commission subject to the
additional conditions contained on "(Preliminary) Site Plan for Special Exception: Ocoee
Barragan Childcare
Project #: 1-11-SE-003
Page 5 of 5
Shopping Center Space 14" date stamped May 27, 2004 and the additional condition imposed
by the DRC.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and the P&Z Commission, Staff recommends that
the Mayor & City Commissioners approve the Special Exception for the proposed childcare
facility in the Ocoee Shopping Center Space 14 within the Community Commercial (C-2) zoning
district subject to the conditions indicated on the "(Preliminary) Site Plan for Special Exception:
Ocoee Shopping Center Space 14" date stamped May 27, 2004, and the additional condition
imposed by the DRC for a minimum of 20 feet between the fenced playground area and the
warehouse for fire -safety access.
Attachments:
Location Map
Future Land Use Map
Zoning Map
"(Preliminary) Site Plan for Special Exception: Ocoee Shopping Center Space 14" date
stamped May 27, 2004.
Written public hearing comment from Richard Hackworth dated June 8, 2004
O:\Staff Reports\2004\SR04042 CC.doc
N
FM,
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Barragan Child Care Special Exception
Surrounding Zoning Map
Ocoee Community Development
Department
1 inch equals 492.280737 feet
0 150 300 450 600
Feet
Printed: June 2004
QSubject Property
Unincorporated Territory
and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
Suburban (A-2)
Single -Family Dwelling (R-1AAA)
Single -Family Dwelling (R-1AA)
Single -Family Dwelling (R-1A)
Single -Family Dwelling (R-1)
One- & Two -Family Dwelling (R-2)
Multiple -Family Dwelling (R-3)
Mobile Home Subdivision (RT-1)
Professional Offices & Services (P-S)
Neighborhood Shopping (C-1)
Community Commercial (C-2)
General Commercial (C-3)
Restricted Manufacturing
& Warehousing (1-1)
General Industrial (1-2)
Commercial (PUD)
Low Density (PUD)
Medium Density (PUD)
High Density (PUD)
Z�/ Unclassified
Lakes and Water Bodies
Page 1 of 1
Alexander, Carolyn
From: Wagner, Russ
Sent: Monday, June 14, 2004 1:02 PM
To: Alexander, Carolyn; James, Terry
Subject: FW: Exemption for Child Care Facility
-----Original Message -----
From: Williford, V. Gene
Sent: Tuesday, June 08, 2004 1:56 PM
To: 'admarts'
Cc: Rosenthal, Paul; Wagner, Russ
Subject: RE: Exemption for Child Care Facility
Thank you for your letter. I am forwarding a copy to the Planning Director and the City Attorney.
Gene Williford
-----Original Message -----
From: admarts [mailto:admarts@cfl.rr.com]
Sent: Tuesday, June 08, 2004 12:24 PM
To: Williford, V. Gene
Subject: Exemption for Child Care Facility
Dear Sir,
notice that the City of Ocoee is going to hold a meeting to offer an exemption to open a child care facility
in the shopping center that I am in. I will make this brief.
I was denied the ability to open a child care facility in that shopping center by your code enforcement
department.
I was denied an application for exemption.
IF the city of Ocoee approves a child care facility in this shopping center I will have no choice but to sue the
city and seek damages and lost income for not being able to operate that kind of business here. If you
have any questions feel free to contact me.
Best Regards,
Richard Hackworth
407-654-0555
6/14/2004
PH
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LEGAL DESCRIPTION:
SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST
CITY OF OCOEE - ORANGE COUNTY, FLORIDA
Commence at the Southwest "corner of the Southeast 1/4 of the Northwest 1/4
of Section 18, Township 22 South, Range 28 East, Orange County, Florida:
thence run N.88'45'00"E. along the south line of the said Northeast 1/4 a
distance of 599.01 feel, to the point of Beginning; thence N.00'06'00"W.
100.00 feet; thence S.88'45'00"W. 100.00 feet; thence N.00'06'00"W. 388.97
feet; thence N.88'58'07"E. 100.00 feet; thence N.00'06'00"W. 249.14 feet;
thence N.39'24'00"E. 64.23 feet to the southerly Right -of -Way line of
Palm Drive; thence S.5,0'36'00"E. along said line 849.95 feet to the East
line of said southeast 1\4 of the Northwest 1/4 of Section 18; thence S.00'04'30"w.
along said East line 232.69 feet to the South line of said Northwest 1/4;
thence S.88'45'00"W. along said South line 191.37 feet; thence N.00'04'.30"E.
228.00 feet; thence S.88*45"00"W. .183.00 feet; thence S.00'04'30"W.
228.00 feet to said .South. line; ..thence S.88'45'00"W. along said south line
321.76 feet to the Point of Beginning.. (Less road Right -of -Way on East.)
Containing 8.1508 acres more or less. Subject to a perpetual . Easement
for Ingress of Egress over and upon that portion of the South. 40 feet of
the NW 1/4 of Section 18, Township 22 South, Range 28 east, lying upon the
above described property and being contiguous with the West line of the
above -described property and the West Right -of -Way of State Road No. 437.
Subject to a 20 feet wide 'ngress and Egress and utility easement over the
following described land: Commence at the S.W. corner of said SE : /4 of the
NW 1/4 of Section 18; thence N.88'45'00"E. 499.00 feet; thence N.00'06'oo"W.
488.97 feet; thence N.88'58'07"E 100.00' feet; thence N.00'06'00"W. 249.14 feet;
thence N.39'24'00"E. 64.23 feet to the southerly R/W of Palm Drive and the Point
of Beginning; thence S,139'24'00"W. 64.23 feet; thence S.00'06'00"E. 249.14 feet;
thence S.88'58'07"W. 100.00 feet; thence S.00'06'00"E. •20.00 feet; thence
N.88'53'07"E. 120.00 feet; thence N.00'06'00"W.. 261.63 feet; thence N.39'24'00"E.
57.06 feet to the Southerly R/W line of Palm Drive; thence N.50'36'00" W. along
said R/W line 20.00 feet to the point of Beginning.
N OTES:
1.. BOUNDRY AND LEGAL DESCRIPTION INFORMATION BASED UPON
PLAT OF SURVEY, ERNEST CANSTANTINO, PREPARED BY
AUMA.N-WEST & ASSOCIATES,. 1-17-84.
2. BUILDING AND IMPROVEMENT LOCATIONS ARE APPROXIMATE.
3. ALL LANDSCAPING TO BE. IRRIGATED w/ AUTOMATIC
UNDERGI�OUND IRRIGATION SYSTEM.
4. BACKFLOW PREVENTERS WILL BE SCREENED FROM VIEW
" WITH SHI"RUBS AND PAINTED BLACK.
NEW CROSSWALK STRIPPING
'4e
ADDED 3" DIAMETER
10'-0" HIGH LAUREL OAK
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LEGEND:
ACCESS POINTS
15 NUMBER OF PROPOSED PARKING . SPACES
Al EXISTING BUILDING USE
SITE DATA:
SITE AREA: 8.15 AC
EXIST. ZONING: C-2
EXIST. BUILDING AREA:
WAREHOUSE:
t 17,250
S:F.
SHOPPING CENTER:
f 40,500
S.F.
VACANT BUILDING:
t 2,000
S.F.
BANK:
t 2,800
S.F.
TOTAL:
t 62,550
S.F.
PZOPOSED PARKING:
WAREHOUSE:
EXISTING
PARKING
SHOPPING CENTER:
206 SPACES
VACANT BUILDING:
CAR LOT
BANK:
EXISTING
PARKING
E ISTING USES:
1.
LAUNDRY
2.
VACANT
3.
BARBERSHOP
4.
BEAUTY SHOP
5.
BAR
6.
BAR
7.
GROCER
8.
VIDEO STORE
9.
TAE KOW DOE
10.
KITCHEN - BATH
11.
TOWING
12.
LABOR READY
13.
PARAMOUNT HEALTH CLUB
14.
AUGUST LOYD WINDOW
REVI510N5
DATE
CITY COMM
2/le/02
6/4/02
CITY COMM
CITY COMM
10/25/03
CITY COMM
12/15/03
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