HomeMy WebLinkAboutItem 03 Variance Request for Country Comfort Care Located at 902 Hire Circle (VR-22-02)AGENDA ITEM COVER SHEET
Meeting Date: June 7, 2022
Item #: 3
eviewed By. -
Contact Name: Anoch Whitfield, Zoning Managea4epartment Director: Mich
Contact Number: 407-554-7079 City Manager: "0
Background Summary:
The applicant, Amanda Arjune, is requesting approval of a variance from Section 5-15B(2) of the Land
Development Code, which requires compliance with Section 419.001(2), Florida Statutes (FS), and which
particularly prohibits the location of a minor community residential home within 1000 feet radius of another existing
minor community residential home, in order to allow a minor community residential home to be located within 550
feet of another minor community residential home.
The subject property is located at 902 Hire Circle and is zoned PUD-LD, known as the Ocoee Commons PUD.
The applicant purchased the subject property on March 22, 2022, with the intent of operating a minor community
residential home. Section 2-4(79), LDC, defines a minor community residential home as a dwelling unit licensed
to serve clients of the Florida Department of Health and Rehabilitative Services, which provides a living
environment for fewer than seven (7) unrelated residents who operate as the functional equivalent of a family.
Section 5-15.8, LDC, requires that "prior to the issuance of a certificate of occupancy, the operator of a minor
community residential home or the owner of the property shall provide the Building and Zoning Director with a
statement certifying that the use is in compliance with the restrictions set out in Section 419.001(2), Florida
Statutes, and in particular with the prohibition on the location of such a use within 1000 feet of an existing minor
community residential home". Pursuant to Section 419.001(2), Florida Statutes (attached), distance is measured
by the radius of 1,000 feet from the proposed subject property.
The applicant applied for an Assisted Living Facility (ALF) Reservation on March 17, 2022, and was issued a
denial of the Reservation on March 29, 2022, due to incompliance with the minimum distance separation
requirements of the Code. The ALF Reservation denial letter is attached to this staff report. To summarize, the
subject property is located within 550 feet of another minor community residential home which is located at 863
Kuenz Place and which is under the same ownership as the applicant.
Following the receipt of the denial letter, the applicant submitted a request for a variance to Section 5-15,8, LDC,
which prohibits the location of a minor community residential home from being within 1,000 feet of another minor
community residential home, in order to open a second minor community residential home within the 550 feet of
her existing community residential home.
According to Article IV, Section 4-9A, approval of a variance requires that the applicant demonstrate:
(1) That special conditions and circumstances exist which are peculiar to the land, structures, or requireM
subdivision improvements involved and which are not applicable to other lands, structures, or requir
ivision improveI.•
(2) That a literal interpretation of the provisions of these regulations would deprive the applicant of rights
commonly enjoyed by other properties with similar conditions;
(3) That the special conditions and circumstances do not result from the actions of the applicant; and
(4) That the granting of the variance requested will not confer on the applicant any special privilege that is denied
by these regulations to other lands, structures, or required subdivision improvements under similar conditions.
No pre-existing conditions of neighboring lands which are contrary to these regulations shall be considered
grounds for the issuance of a variance.
Applicant Response: The applicant's response narrative is attached to this staff report. To summarize, the
applicant states that she currently owns and operates Country Comfort Care 11, Inc., located at 863 Kuenz Place,
and that that location does well and needs to expand. Instead of expanding the residential structure at 863 Kuenz
Place, the applicant is seeking to operate a second facility within 550 feet radius of the existing facility in order to
accommodate more seniors and their families. The applicant states that in accordance with Statutes, this property
is within 1,000 feet radius of its sister company and would not be saturating the area. She further states that by
granting this variance, it would not alter any regulations to land or structures and will only improve the community
and City of Ocoee.
Staff Analysis: Staff does not concur with the applicant's justification narrative. Instead, staff finds that there are
no special conditions or circumstances existing which are peculiar to the land and structures of the subject
property and that the literal interpretation of the provisions of these regulations would not deprive the applicant of
rights commonly enjoyed by other properties within similar conditions. Furthermore, staff finds that the
circumstances of this variance do result from the actions of the applicant and that by granting this variance, the
City would be conferring to this applicant special privileges that is denied by these regulations to other lands and
structures. Staff further finds that the granting of this variance would be in violation of Section 419.001(2), Florida
Statutes, which requires that a community residential home that serves six (6) or fewer residents are not to be
located within a radius of 1,000 feet of another existing community residential home that serves six (6) or fewer
residents.
Issue:
Should the Honorable Mayor and City Commission approve a variance to Section 5-15B(2) of the Land
Development Code, which requires compliance with Section 419.001(2), Florida Statutes, and which particularly
prohibits the location of a minor community residential home within 1000 feet radius of another existing minor
community residential home, in order to not allow a minor community residential home to be located within 550
feet of another minor community residential home?
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) reviewed and discussed the proposed variance on May 10, 202p,
Eight (8) residents spoke in opposition to the requested variance and asked that the P&Z recommend deniii
Following public comment and discussion, the Planning and Zoning Commission voted unanimously
recommend denial of the variance request with Member Williams absent.
K
Staff Recommendations:
Based on the findings stated above and the requirements of Article IV, Section 4-9A and Article V, Section 5-15B,
LDC, staff finds that the variance is not needed or justified, and staff does not support the variance request.
Staff recommends that the City Commission deny the variance to Section 5-15B(2) of the Land Development
Code, which requires compliance with Section 419.001(2), Florida Statutes, and which particularly prohibits the
location of a minor community residential home within 1000 feet radius of another existing minor community
residential home, in order to not allow a minor community residential home to be located within 550 feet of another
minor community residential home.
Attachments:
Location Map
Aerial Map
Zoning Map
Florida Statutes on Site Selection of Community Residential Homes (Section 419.001, FS)
Applicant's Response Narrative
ALF Reservation Denial Letter
Type of Item: (please mark with an 'Y)
nx Public Hearing
n Ordinance First Reading
r-1 Ordinance Second Reading
n Resolution
Fxi Commission Action
n Discussion & Direction
Ei Original Document/Contract Attached for Execution by City Clerk
El Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
3
902 Hire Cir Variance
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902 Hire Cir Variance
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Professional Offices & Services (P S) /Vikerwood Street
Neighborhood Shopping (C 1)
Community Commercial (C-2) a
General Commercial (C 3) LA �"r -NYY
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5/6/22, 9:29 AM Statutes & Constitution :View Statutes: Online Sunshine
5/6/22, 9:29 AM
Statutes & Constitution :View Statutes : Online Sunshine
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www.leg.state.fl.uslstatuteslindex,cfm?App_mode=Display_Statute&Search—String=&URL=0400-049910419ISectionsIO419.001 html 3/3
Uountry comfort are, Inc.
15340 Mallory Lane
Clermont, Florida 34715
Ph: 407 --- 469 2151
Fax: 407 - 614 8054
CouiitryComfortCare@yat,ioo.coiii
CoLiriti,yCoiiiforiCareAI,F.Com
Loning_Variance
04/04/2022
Ref; 902 Hire Cir, Ocoee, Fl, 34761
To Whom It May Concern,
I currently own and operate Country Comfort Care tl, Inc. located at 863 Kuenz Pl. Ocoee, I'L
34761. As an operating residential assisted living facility we are constantly on a waiting list due
to the families in need or small residential communities.
This location does extremely well and needs to expand in order to accommodate more senior,,,
and their families. However, that would mean altering the structure of this home in order to do
so. Being that this facility is in a residential community we would choose not to alter the existing
property.
This leading to the purchase of 902 Hire Cir, Ocoee, Fl, 34761
Before this purchase took place we completed our research which led us to believe this Property
was distance enough to comply with the Florida Shitues, Upon working with the city of Ocoee
zoning department we were told that this property is within the 1,000 feet radius.
This purchase was made to help the community with providing more residential senior care for
seniors that aren't financially equipped to stay in large resort like settings. Also, it helps the state
of Florida by not having to place these seniors in nursing homes, which saves the state thousands
every month versus residential assisted living,
In accordance to the Florida statues, this property is within 1,000 feet radius of its sister company
Country Comfort Care 11, Inc. We would not be saturating the area, however we will be
providing more housing for seniors looking for this type of care.
Unfortunately, due to COVID and many other factors, many of these: residential assisted living
facilities have closed. Making it difficult I*or seniors to find housing and families struggling to
rind solutions,
Country Comfort Care has helped so many seniors stay in a safe, clean, and secure environment
throughout Orange and Lake County. Fortunately, Country Comfort Care has made a name For
itself in the City of Ocoee and many are patiently waiting for more communities like ours. By
not allowing Country Comfort Care to open would be a great disappointment. Knowing a few
feet is causing seniors in need not to be able to have a secure and affordable home to live in.
By granting this variance it would not alter any regulations to land or structures, It will only
improve the community and the City of Ocoee, There will be no negative effects to the
community or subdivisiow, merely a positive addition to the City of Ocoee and its residents,
I would like to take this opportunity to thank you in anticipation for the approval of the zoning
variance.
If you have any questions or concerns, please do not hesitate to contact me at (347) 613 — 3258.
Amanda Aijune RN, BSN
Administrator
Country Comfort Care
Assisted Living Facility
Mayor
Rusty Johnson
L011=091
I WN Ard 10 a [0 111
March 29, 2022
Country Comfort Care, Inc.
c/o Amanda Arj tine
902 Hire Circle
Ocoee, FL 34761
Phone: 347-613-3258 1 E-mail: counts
Commissioners
Larry Brinson, Sr,, District I
Rosemary Wilsen, District 2
Richard Firstner, District 3
George Oliver 111, District 4
Re: Group Homes/Assisted Living;Facilities Zoning Reservation Request
902 Hire Circle I Parcel I.D. 9 20-22-28-6148-00-660
Dear Ms. Arjune:
The subject property, located at 902 Hire Circle, is zoned PUD-LD (Planned Unit Development — Low Density).
This letter serves as continuation that, while a group horne/assisted living facility (Community Residential Home
serving less than six (6) residents) would be a permitted use in that PUD-LD zoning district, there is an existing
such Community Residential Home located within a 1,000-foot radius of this property, and therefore, the property
located at 902 Hire Circle cannot be used for the proposed Community Residential Horne.
Please note that, per Section 419,001(2), Florida Statutes, distance is measure by the radius of 1,000 feet from the
proposed subject property. There is a Country Comfort Care Community Residential Home, serving less than six
(6) residents, within 1,000 feet of this property location (inap provided).
Please If you have any additional questions or concerns contact me via e-mail at awhitfi6jji q�Lpeqx)rZ or directly
at 407-554-7079.
Sincerely,
Anoch P. Whitfield, Zoning Manager
Development Services Department
Attachment
cc: File
City of Ocoee - 150 North Lakeshore Drive - Ocoee, Florida 34761
phone: (407) 905-3100 - fax: (407) 905-3167 - www.ocoee.org
902 Hire Circle ALF Reservation Request
Attachment
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