HomeMy WebLinkAboutPlanning & Zoning 06/08/2004
THE MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE
LOCAL PLANNING AGENCY
MEETING HELD TUESDAY, JUNE 8, 2004
CALL TO ORDER
Chairman Golden called the meeting to order at 7:00 p.m. Following a moment of silent
meditation and the Pledge of Allegiance to the Flag, a quorum was declared present.
PRESENT: Chairman Golden, Vice-Chairman McKey, Members Campbell, Keller, Rhodus,
Sills, and West. Also present were Community Development Director Wagner,
Principal Planner James, and Deputy City Clerk Brasher.
ABSENT: Member Riffe, who was unexcused.
CONSENT AGENDA
The consent agenda consisted of approval of Item A:
A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, May 11,
2004.
Member Campbell. seconded bv Vice-Chairman McKev. moved to accept the Consent
Agenda as presented. Motion carried unanimously.
NEW BUSINESS
BARRAGAN CHILD CARE SPECIAL EXCEPTION
Principal Planner James presented the Staff Report for the Barragan Child Care Special
Exception. This child care facility would be located in space #14 at the west end of the Ocoee
Shopping Center, which is in the Community Commercial (C-2) zoning district. The proposed
childcare facility is 7,000 square feet and space # 14 is an abandoned storefront formally known
as August Lloyd's Window Apparel. There are no unique features of the property. The Future
Land Use Classification for this entire property is "Commercial"; current zoning classification is
Community Commercial (C-2).
The Torero Restaurant/Bar has an active liquor license and is located approximately 250 feet east
of the proposed childcare facility. If this special exception is permitted, the Applicant's proposed
childcare facility will be inspected by the Department of Children & Families 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 childcare facility must comply
with both the DCF standards and the building and development standards of the City ofOcoee.
Planning and Zoning Commission Regular Meeting
June 8, 2004
"Permitted Use Regulations" contained in the Ocoee LDC, childcare families are permitted as a
special exception in the following zoning classifications: R-2: One & Two Family Dwelling, R-
3: Multiple Family Dwelling, C-I: Neighborhood Commercial, C-2: Community Commercial, C-
3: General Commercial, and 1-1: Restricted Manufacturing & Warehousing.
Special Exceptions are defined in Subsection 2-4.C (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 of 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.
In accordance with Subsection 4-8.B. (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 family, the children, and themselves.
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. 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 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 located directly west of the playground. In addition, fence must
also provide adequate space between the shopping center and the warehouse to conform to fire
safety standards.
In consideration of the close proximity to the manufacturing and warehousing uses to the north
and the delivery area to 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 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.
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Planning and Zoning Commission Regular Meeting
June 8, 2004
DRC 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 of20 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.
STAFF RECOMMENDATION
Based on the recommendation of the DRC, Staff recommends that the Planning & Zoning
Commission recommend approval of 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.
The public hearing was opened.
Chairman Golden read into the record the following e-mail that was sent by Mr. Richard
Hackworth:
"Dear Sir,
I notice that the City of Ocoee is going to hold a meeting to offer an exemption to open a
childcare facility in the shopping center that I am in. I will make this brief.
I was denied the ability to open a childcare facility in that shopping center by your Code
enforcement department. I was denied an application for exemption.
IF the city of Ocoee approves a childcare 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"
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Planning and Zoning Commission Regular Meeting
June 8, 2004
Community Development Director Wagner addressed the e-mail stating that Mr. Hackworth
apparently operates a karate type studio and according to Code Enforcement, Mr. Hackworth was
keeping children at his place of business after their lessons. Mr. Hackworth he is not licensed by
the City of Ocoee or the State of Florida to operate a childcare facility and he was asked by Code
Enforcement Department to cease the childcare operation at his place of business.
Community Development Director Wagner further stated that Mr. Hackworth has not applied
for a Special Exception but is more than welcome to make the application and go through the
process.
Member West stated he has concerns with the area the daycare is located and the parking lot is
littered with beer bottles from the bar.
Applicant Melissa Barragan, 464 Northern Durango, stated the daycare operating hours would
be Monday - Friday from 6:00 a.m. to 6:00 p.m. Ms. Barragan further stated that she would
pick the beer bottles up from the parking lot and is willing to do whatever it takes to make the
daycare work.
Member Rhodus inquired as to how many children are expected to be at the daycare. Ms.
Barragan said fewer than 100 children.
Chairman Golden asked ifthere would be extra security at the shopping center. Ms. Barragan
said the police are always at the shopping center but she will have the front, back and playground
area secure.
Community Development Director Wagner advised the members that the applicant has to
apply for a Building Permit as well as go through a the Site Plan Review process.
The public hearing was closed.
Member Campbell stated he still has concerns with the location of the daycare facility.
Member Rhodus stated she has concerns regarding the bar in the area of the daycare facility.
Member West suggested to the applicant to have security cameras in the playground area due to
the visual limits at the rear of the property.
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Planning and Zoning Commission Regular Meeting
June 8, 2004
Vice-Chairman McKev. seconded bv Member Keller. moved to recommend approval of the
Special Exception for the proposed childcare facility in the Ocoee Shopping Center Space #14
within the Community Commercial (C-2) zoning district subiect to the conditions indicated on
the Preliminary Site Plan for Special Exception date stamped Mav 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. Motion carried 6-1 with Member Rhodus voting no.
OTHER BUSINESS - NONE
COMMENTS
Community Development Director Wagner thanked the Planning and Zoning Commission for
attending the meeting this evening. He further stated there would be heavy agendas in the near
future and some future items will be Westridge PUD, Oak Ridge PUD, Eagles Landing, and an
amendment to the Ocoee Crown Point PUD.
COMMUNITY DEVELOPMENT DIRECTOR WAGNER announced the Senior Planner position has
been filled by Antonio Fabre and the Planning Manager position has been filled by Catherine
Armstrong.
ADJOURNMENT
The meeting was adjourned at 7:42 p.m.
Attest:
APPROVED:
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Brenda Brasher, Deputy City Clerk
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