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HomeMy WebLinkAboutItem #15 Kids Community College - Special Exception for Charter School Use`` ; Udw 0 C0(— >( florida AGENDA ITEM COVER SHEET Meeting Date: October 7, 2014 Item # Reviewed By: Contact Name: Michael Rumer � Department Director: Contact Number: (407) 905 -3100 x 1018 City Manager: Subject: Kids Community College Charter School Special Exception - Project # 1 -14 -SE -022 Commission District # 2 — Rosemary Wilsen Background Summary: The proposed Kids Community College Charter School is located in the Lake Olympia Square development. The parcel is located on the west end of the commercial plaza. Lake Olympia Square is a seven (7) lot commercial subdivision approved for construction in 1994 with Phase 2 being approved in 1996 (see plans attached). The subject site is vacant and contains 6.22 acres. Currently, there is a Winn Dixie anchored shopping center, restaurants and service uses with out - parcels containing a bank, gas station, and an oil and lube center. The current zoning designation on the property is C -2 (Community Commercial). The existing land use designation for the property is "Commercial ". The subject site is located within the Silver Star Activity Center which was established in the Comprehensive Plan and Land Development Code. The boundaries are designated as 1 /4 mile in each direction from the intersection of Clarke and Silver Star Road. The Silver Star Activity Center does not contain any development criteria specific to the overlay. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Road right-of-way Road ri ht -of -wa SR 438 Silver Star Road East Commercial C -2 (Community Commercial Winn Dixie Shopping Center South Low Density Residential PUD (Residential) Lake Olympia Club Subdivision West I Low Density Residential I PUD (Residential) I Lake Olympia Lake Village Subdivision DISCUSSION: The proposed Kids Community College consists of a two story 28,800 sq. ft. PreK -5 grade charter school. The campus will consist of a single school building with associated playground, basketball court, and 100x 200 activity field. The recreation fields will not be lighted. Stormwater retention will be located on the property. Access to the site will be provided via the right in /out located on Silver Star Road. The applicant is maintaining two (2) commercial out parcels along Silver Star Road. 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. Additionally, the proposed use should not contribute to the following: • 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. Issue: Should the Honorable Mayor and Commissioners approve the Special Exception for Kids Community College, a 350 student PreK -5 grade charter school, located in a C -2 (Community Commercial) zoning district? Development Review Committee Recommendation: The Development Review Committee (DRC) met on September 3, 2014, and reviewed the Special Exception Site plan. Discussion related to securing the entire site, proposed location of stormwater facilities, and out parcel development was made by members of the development review committee. After deliberations, the DRC voted unanimously to recommend approval of the requested Special Exception. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed charter school special exception on September 9, 2014. City Staff presented a brief summary and overview of the requested Special Exception. Three citizens spoke in support of the proposal. The Planning & Zoning Commission voted unanimously to recommend approval of the Special Exception, subject to resolving any remaining staff comments. Staff Recommendation Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the City Commission approve the Special Exception for Kids Community College Charter School, subject to the results of the final determination of the transportation study. 2 Attachments: Location Map Zoning Map Aerial Proposed Special Exception Development Plan date stamped September 25, 2014 1994 Site Plan 1996 Site Plan Financial Impact: None Type of Item: (please mark with an `x') X Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Dept 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 N/A N/A 3 C of Good L���h B 0 co+� Ocoee Community Development Department 1 inch = 321.145057 feet 110 55 0 110 220 330 Feet Printed: Sep. 2014 Subject 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) ay'�• ", Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) /// Unclassified Lakes and Water Bodies Kids Community College Surrounding Zoning Map :'.`a'� �Ylt �'i i 1 SITE 3' VICINITY MAP N.T.S. SITE DATA PARCEL k: 16 -22. 284763-00 -020 TOTAL LAND AREA: 5.32 ACRES PROJECT AREA: 4.33 ACRES FLOOD ZONE • - Panel No.120S5CO2fOF EXISTING ZONING: C-2 EXISTING USE: VACANT PROPOSED USE: P_K -5th Grade CHARTER SCHOOL PARKING REQUIRED: ONE (1) SPACE PER TWO (2) EMPLOYEE ONE (1) SPACE PER THIRTY (30) STUDENTS 30 EMPLOYEES 15 350 STUDENTS = 12 TOTAL= 27 PARKING PROVIDED: 105 SPACES (INCL. 4 HIC) IMPERVIOUS AREA: 70,350 SF (1.62 AC) = 37% PERMEASLE/OPEN AREA: 118,260 SF (2.71 AC) = 63% U \ ZONING s \ \ \\ PU❑ LO ZONING: - -- -- - - _ - et.._ Z ZONING: iuD :O RI e _ LEGAL DESCRIPTION: Lot 54 W(E C-PA SQUARE REP' . oc plot m <m a d<a a q a =( +oi -tox p„61,<Raore oro q or,y � A 5C'..nRE FEPV.i OVD, oc to the P,.t B d5. 59 -6U. Punl,c Records of 0 g o�nty. Flor,e . -- ZONING: P z1 1 D naccz >a SCHOOL ELEVATION LOOKING SOUTH ZONING: PUO -LD CONDITIONS AND APPROVAL � I I o " oo e...a «,red. �GmdCamm..,.<I,d�a \ + IN . oe:a �� ZONING: R -IAA , ZONING' is su z<rce,npaw ' S EX P.T.i i,..,sa za<rsroo p.o J I � SEP 2 5 2m U` SPECIAL EXCEPTION SUEMTTPAL - 08/07/14 REVISED PER STAFF COMMENTS - 09/04/14 k v m A . a a U v o M Oa R7W�b m ^ 3 c ^ o u w �0 � o b a ;U U m a� 0 OD a z ��obr C m u � 6 � Q va �� op C � C W � j, Preli,xwury Site Plan o for Spaial Exception SHEET e OF ZONING: ZONING: ZONING: ZONING: TONING: ZONING: PUD -LD s szz UD LDDo -�s W o PUD LI) o PUD -LD c PUD.LD e PUD -LD ,�,io isu zssa �a� axz sa s z a szz zero I r � I �I I �sr A�dEFU.k.RE�anA� nor � \ N 69'59'46 E —_ (� 200.00 - 274.54 11 LOT 6n�.a. ^ � a N�39 P 59�'46 z aE o`ID i_ 204.39' 9, N 89'59 E 200 -99 4 y LOT 7 N 89'59 E �' g g �I '� I� II III .n I I i 3 Y S 44'44 E 35.19 I NOT INCLUDED $ '1 LOT 4 3b _ -- S 39 . 2 8 . 12' E 21 20 SO I !�i; V 23"a2m LOT 3 Imo nm �c,on � � I Ix i j N 8951''0" E 223 s5 I I 's� 1 � I r 4 Jp ' 1 t 1 RETAIL p ...,m... A .. i 9 r wINN OrxrE S "�' IiP oop N __. 94 _ — L 'z \\ �$ 2 \ - M` \ � � _ � � / / •, • �'�..¢ S 89'59 /102.60' \_ EtnEa ncsrvn✓ / N00 E revcrr zs vaccs ea eJ �/ p° � MATCNLfNE \ \ / _ 2 1 NOT INCLUDED Gfi LOT 2 N 89'56 w 545.15' I I ' mo�T 1 I V I ^ I C I a. 4i l ei yy I �i NOT INCLUDED a LOT 2 MATCIiLfNE ^ •., SITE DATA i3 j rmw H Q 0 + ti � I� � W a o� O' o N f' N W 6 Q, - N ¢ � Zg a ° v e 3 z o _ Ecr - 93027E SEPT., 1993 = 50' -r 2 OF1 Sf VER STAR R OAD S' _ 4 438 120 ^�" - 122971 206 16 ¢ -- 11 LOT 6n�.a. ^ � a N�39 P 59�'46 z aE o`ID i_ 204.39' 9, N 89'59 E 200 -99 4 y LOT 7 N 89'59 E �' g g �I '� I� II III .n I I i 3 Y S 44'44 E 35.19 I NOT INCLUDED $ '1 LOT 4 3b _ -- S 39 . 2 8 . 12' E 21 20 SO I !�i; V 23"a2m LOT 3 Imo nm �c,on � � I Ix i j N 8951''0" E 223 s5 I I 's� 1 � I r 4 Jp ' 1 t 1 RETAIL p ...,m... A .. i 9 r wINN OrxrE S "�' IiP oop N __. 94 _ — L 'z \\ �$ 2 \ - M` \ � � _ � � / / •, • �'�..¢ S 89'59 /102.60' \_ EtnEa ncsrvn✓ / N00 E revcrr zs vaccs ea eJ �/ p° � MATCNLfNE \ \ / _ 2 1 NOT INCLUDED Gfi LOT 2 N 89'56 w 545.15' I I ' mo�T 1 I V I ^ I C I a. 4i l ei yy I �i NOT INCLUDED a LOT 2 MATCIiLfNE ^ •., SITE DATA i3 j rmw H Q 0 + ti � I� � W a o� O' o N f' N W 6 Q, - N ¢ � Zg a ° v e 3 z o _ Ecr - 93027E SEPT., 1993 = 50' -r 2 OF1 � P 4,�` . � _ >� _- — — -. � 8 011✓ -- � w _ # I I.i � J -- �..� � ur sA �� / (� p S Rcr rnctcmen g ° I g o LOT a Ij / I z J 2 B 1 g " ...._._ _... ._. «a.., o,a.w ROft156D 4 �usc $ §g T N As•es (o_� 238.5 _ .� ' - {� I r LA i d � � _� � A -, �s � �/ ss sr - - = -- - -- � s•Pe lz w s.�.o3 d ...__._,. I �G R OI I CNP TRAFRC�RR AOW \ \ \ \�/ FGR AOT iM1'�CLZ nED c A i / p ' ORS ONEV i L 1 _ � ��yy — JI � �T HANDICA TRIPWG DETAR ""' F5 HANDCAPPED ­BM EITAII OP BAR DETAIL F ' �.......- .. / � A ❑�'q ❑ fi o � � O W O � o � n o 3 g O u PPRDVED FO rz FHB., I ONSTRDCTIO J - ���V U� G IUI W u ull� ll U 11C it llu til�< p)HI Rug MQu 11 � uoeud_uuu� �s urs Se tem 01 Or Times _- 3C Th _ .Y �?- FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARIN FOR KIDS COMMUNITY COLLEGE CHARTER SCHOOL'SPECIAL EXCEPTION CASE NUMBER: 1-14-SE-022 NOTICE IS HEREBY GIVEN, pursuant to Subsection 4- 8(A)(2) of the City of Ocoee Land Development Code, that on TUESDAY, OCTOBER 7, 2014, AT 7:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com- mission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the Special exception for two parcels identified as parcel number 16- 22 -28- 4761 -00 -050 & 16- 22 -28- 4763 -00 -020 located at 1481 E Silver Star Road. The combined parcels are 5.32 acres. The petition would allow for a PreK- 5th grade Charter School with 350 students in a Community Commercial (C -2) Zoning District. The complete case file, including a complete legal description by metes andbounds, maybe inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:0o p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance,with the Americans with.Dis- abilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. 14- 04766W September 25, 2014 DWWest O r 1 -04 66W Numb TIM1 9,s le your community newspaper West Orange Times Published Weekly Winter Garden , Orange County, Florida COUNTY OF ORANGE 610 STATE OF FLORIDA Before the undersigned authority personally appeared Jessica Green who on oath says that he /she is Publisher's Representative of the West Orange Times a weekly newspaper published at Winter Garden , Orange County, Florida; that the attached copy of advertisement, being a Notice of Public Hearing in the matter of Public Hearing on October 7, 2014, at 7:15 pm in the Court, was published in said newspaper in the issues of 9/25/2014 Affiant further says that the said West Orange Times is a newspaper published at Winter Garden , Orange County, Florida, and that said newspaper has heretofore been continuously published and has been entered as periodicals matter at the Post Office in Winter Garden in said Orange County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he /she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. *This Notice was placed on the newspaper's website and floridapublicnotices.com on the same day the notice appeared in the newspaper. Sworn to and subscribed before me this 25th day of September, 2014 A.D. e �1 Je "ssica'',Green by Jessica Green who is p ysn Illy known to me:- Notary Public, State of Florida (SEAL) CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR KIDS COMMUNITY COLLEGE CHARTER SCHOOL SPECIAL EXCEPTION CASE NUMBER: 1-14-SE-022 NOTICE IS HEREBY GIVEN, pursuant to Subsection 4- 8(A)(2) of the City of Ocoee Land Development Code, that on TUESDAY, OCTOBER 7, 2014, AT 7:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com- mission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the Special exception for two parcels identified as parcel number 16- 22 -28- 4761 -00 -050 & 16- 22 -28- 4763 -00 -020, located at 1481 E Silver Star Road. The combined parcels are 5.32 acres. The petition would allow for a PreK- 5th grade Charter School with 350 students in a Community Commercial (C -2) Zoning District. The complete case file, including a complete legal description by metes and bounds, maybe inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public bearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Dis- abilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. September 25, 2014 14- 04766W Kimberly S. Martin rf ' ~ COMMISSION # FF129146 EXPIRES: July 25, 2018 0 .� fit 0 WWW.AARONNOTARY.COM CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR KIDS COMMUNITY COLLEGE CHARTER SCHOOL SPECIAL EXCEPTION CASE NUMBER: 1-14-SE-022 NOTICE IS HEREBY GIVEN, pursuant to Subsection 4- 8(A)(2) of the City of Ocoee Land Development Code, that on TUESDAY, OCTOBER 7, 2014, AT 7:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com- mission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the Special exception for two parcels identified as parcel number 16- 22 -28- 4761 -00 -050 & 16- 22 -28- 4763 -00 -020, located at 1481 E Silver Star Road. The combined parcels are 5.32 acres. The petition would allow for a PreK- 5th grade Charter School with 350 students in a Community Commercial (C -2) Zoning District. The complete case file, including a complete legal description by metes and bounds, maybe inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public bearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Dis- abilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. September 25, 2014 14- 04766W