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Home My WebLink AboutItem #07 Prestige Academy center of Good [,J ~,'...~.... 0," AGENDA ITEM STAFF REPORT Meeting Date: August 5,2008 Item # I Contact Name: Contact Number: Bobby Howell, MPA <<~ 407-905-3100, Ext. 1044 Reviewed By: Department Director: City Manager: Subject: Prestige Academy Project # 03-08-SE-015 Commission District # 2 - Scott Anderson .}~ ISSUE: Should the Honorable Mayor and City Commissioners approve the Special Exception for Prestige Academy child care center? BACKGROUND SUMMARY: The proposed Prestige Academy child care facility is located on the north side of SR 50, across from Health Central hospital. The subject property is zoned C-2 (Community Commercial), and is proposed to occupy the northern third of the existing Coan Eye Care building. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zonina Classification Existing Land Use North Commercial Community Commercial Professional Office buildings (C-2) East Commercial, Orange County Citrus Vacant parcel comprised of mostly Conservation/Floodolains Rural wetlands South Public Community Commercial Health Central Hospital F acil ities/l nstitutional, (C-2), Professional Professional Offices & Offices & Services (P-S) Services West Commercial Community Commercial Professional Office buildings (C-2) If the Special Exception is approved, 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. DISCUSSION: As previously mentioned, the Prestige Academy child care facility will occupy the northern third of the Coan Eye Care building. The applicant has conveyed to staff that the proposed facility will be exclusively for developmentally delayed children, and thus is not intended to have a large amount of children in attendance, or generate additional traffic beyond what is already generated on-site. The applicant has confirmed that 5 parking spaces in the northeastern portion of the site will be converted to a play area to satisfy State requirements for open space; and has confirmed that this area can easily be re-converted to parking spaces if the child care facility were to cease operations at this location. The owner of the building has provided a letter granting permission for the conversion of these parking spaces to a play area, and for the child care facility to occupy the northern third of the building. The Land Development Code defines Special Exception as a use that would not be aoorooriate without restrictions throughout the zoning division or district. However, if controlled as to number, area, location or relation to the neighborhood, would oromote the oublic 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 primarily commercial. Child care facilities are compatible with oommercial uses, and are generally located in commercial areas. For example, the Tutor Time child care facility~is located along Clarke Road adjacent to the West Oaks Mall and several other major retail establishments. This portion of Clarke Road is one of the City's preeminent commercial areas, and Tutor Time is compatible with the surrounding commercial uses in this location. Based on this analysis, Prestige Academy is anticipated to be compatible with the surrounding 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 June 11, 2008 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 Prestige Academy child care center. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on July 8, 2008 to consider the proposed Special Exception for Prestige Academy. Following the deliberations, the members of the Planning & Zoning Commission voted unanimously to approve the Special Exception for Prestige Academy child care center subject to the five Conditions of Approval provided on the site plan. STAFF RECOMMENDATION: Staff recommends that the Honorable Mayor and City Commissioners approve the Special Exception for the Prestige Academy child care center located on the north side of SR 50, across from Health Central Hospital, subject to the five Conditions of Approval provided on the attached site plan. 2 ATTACHMENTS: Location Map Future Land Use Map Zoning Map Letter from Mark A. Coan, O.D., property owner Site Plan, Prestige Academy 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 DeDi Use: _ Consent Agenda _ Public Hearing ~ Regular Agenda _ Original DocumenUContract Attached for Execution by City Clerk Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) 3 N/A X N/A N/A Prestige Academy Location Map Maine cfPOOOo o 00 <f 0 8 <6 o 0 o 0 00 00 00000000 c o .en =~~ 51 2Nffi m W~ e Feb 28 08 12:24p COAN 4072995036 p.2 Mark A. Coa~ O.D. RODDoe Achoog-Coan, O.D. 10101 W. Colonial Dr. Suite 100 Ocoee, FL 34761 (407)445-517Q (407)299-5036 FAX c;OAN EYE CARE February 28. 2008 City of Ocoee , ~o North T .llkeshore Dr. O~ee. FL34761 RE: Special Exception Use for.proposed daycare located at 10101 W. Colonial Dr. Dear City of Ocoee: Mr. Paul Novak has expressed interest in leasing space in a building I own at 10101 W. Colonial Drive. His intended use is to provide aide to speecll and developmentally delayed children ages 3 to 6 years old from Monday through Friday from the approximate hours of 9 am to 3 pm. This intended use quali6es the business as a daycare facility. As part of such, a portion of the parking lot OD the north end of my building would have to be converted to a fenced-in playground to meet the requirements of the State of Florida. Currently, my property is not zoned for such intended use. However, 1J!2 give permission for such intended use as well as conversion ofa portion of the parking lot on the north end of the buildin~. Sincerelv. ?to ac Mark A. Coan. 0.0. CJrt It tALi.c Pu b li c.. Sen+t",e l !iea.v1'Y1j Adve.*=, SefY'eVl* ,hursda.~ ) Jv \~ 2-Y:( L-.Cf)8 Public Hearing Noth:es NOTICE is HEREBY GIVEN~ pur- suant to Section 4-11 A. (2), Ocoee Land. Development Code, that on Tuesdav, AU- I GUST 5. _II 7:15 ,...or as I soon thereafter as practlca~ . the ocon CITY COMMISSIOn, will bDld . Pl!BUC HWI~G, at l:%~~,~iJd ~~~~o; shore Drive, Oceee, FlOri- da, to.conslder. a request for Speeral ExcepHo~ for ." school use. The property IS located at 1010) West Colo- nial Drive: The parcel 1.0. Number is 20.22-28-0000-00- 0.43. The complen! ease fIIei'in. cluding a complete lega de- scription bv metes and baunds, maY be inspected at the Ocoee Planning De- partment, 150 North Lake- share Drive; Ocoee,. Flori. da,between the hours of 8:00 a.m. and 5:00 p.m., Manday throu\ll\ Frida'!'.. ex-: cept legal holidays. '. . The Ocoee City Cornmissiqn may conHnue the l7ubllC hearing to other dates:and times,. as it deems neces- sary. Anv interested party shall be advised that the dates, times; and Jlla~es of anY continuation of th~ or continued publiC hearl~gs shall be annaunced durmg the hearl nlls and. that no 1~~~~e~~~~~~e~l~f~r~~nti! lished. . Interested parties may. ap- pear at the, public hearmgs and be heard with respect to the proposed Special Ex. ~e:.,tl:r:g~ ~~:hr,[go~gr~~: peal any decision made dur- Ing the public hearing W~ill need a record of the pr -, ceedings and for this p r- pase may need to ensure . that a verbatim record of ~Mr~~'~:~'~e'~e~i~a: nv and evidence upon which. the appeal is based. . Persons with dlsabl-lill(s needing assistance to par- ticll70te in any of the pro- ceedIngs shoUld centact the' City Clerk's Offlce 48 hours in advance of the meeting '\ at (<<17) 905-:!IOS. ,Beth Eikenberry, City Clerk OLS7Boi743-JUL24 Q Prestige Academy Surrounding Future Land Use Map Ocoee Commun~y Development Department 1 inch equals 873.284419 feet 580 870 Feet Printed: June 2008 C Subject Property ~ Unincorporated Territory LJ.;,I;"IJ and Other Municipalties Low Density Residential - Medium Density Residential - High Density Residential - Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial - Conservation/Floodplains - Recreation and Open Space _ Public Facilities/Institutional Lakes and Water Bodies ~ Q ~ OCU EE , Ocoee Community Development Department 1 inch equals 673.284419 feet 290145 0 290 560 670 Feet Printed: June 2008 C Subject Property InD Unincorporated Territory I,J;,I,;l"I and Other Municipalties _ Low Density Residential _ Medium Density Residential _ High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilities/Institutional Lakes and Water Bodies Prestige Academy Surrounding Zoning Map