August 25, 2009 BCC CALLED PUBLIC HEARING on BZA #SE , July 2, 2009 APPLICANT: Jose A. Casanova, Jr.

SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW (1)The applicant for the special exception request has the initial burden of demonstrating that his/her request is consistent with the comprehensive policy plan and meets the criteria for granting the special exception; and (2)If the applicant carries that initial burden, the burden shifts to those opposing the special exception to show by competent substantial evidence that the request is not consistent with the comprehensive policy plan and does not meet those criteria.

CASE:BZA #SE APPLICANT:Jose A. Casanova, Jr. REQUEST:Special Exception to convert single family residence intoa child day care facility and Variance for unpaved parking. ZONING:A-2 (Agricultural) TRACT SIZE:4.56 acres LOCATION:Northeast corner of Whispering Pines Road and Bicky Road; 6607 Whispering Pines Road DISTRICT:#4 CASE:BZA #SE APPLICANT:Jose A. Casanova, Jr. REQUEST:Special Exception to convert single family residence intoa child day care facility and Variance for unpaved parking. ZONING:A-2 (Agricultural) TRACT SIZE:4.56 acres LOCATION:Northeast corner of Whispering Pines Road and Bicky Road; 6607 Whispering Pines Road DISTRICT:#4BACKGROUNDBACKGROUND

APPLICANT’S PROPOSAL Child Day Care FacilityChild Day Care Facility Number of Clients: 100 maximumNumber of Clients: 100 maximum Ages: 6 weeks - 5 yearsAges: 6 weeks - 5 years Hours of Operation: M-F 6:00 am – 6:00 pmHours of Operation: M-F 6:00 am – 6:00 pm Staff: 8 to 10Staff: 8 to 10 Variance for 20 unpaved parking spacesVariance for 20 unpaved parking spaces

ZONING MAP

FUTURE LAND USE MAP = RURAL City of Orlando P-D Ward Property P-D Ginn Property P-D Boggy Creek Enclave

AERIAL 6607 Whispering Pines Road SUBJECT HAPPY LANE. BETH RD. BICKY RD. WHISPERING PINES RD. Unopened ROW (Whispering Pines Rd.) Unopened ROW (Seth Rd.)

AERIAL SUBJECT BOGGY CREEK RD.

SITE PLAN SUBMITTED FOR BZA HEARING Proposed Unpaved Parking House Playground

REVISED SITE PLAN SUBMITTED FOR BCC HEARING HOUSE Whispering Pines Road PROPOSED DRIVEWAYS Bicky Road PLAYGROUND

SITE PHOTOGRAPH 6607 WHISPERING PINES ROAD BUILT: 2004

SITE PHOTOGRAPH REAR VIEW OF RESIDENCE 6607 WHISPERING PINES ROAD

SITE PHOTOGRAPH SITE PHOTOGRAPH Play Area Proposed Day Care Center Whispering Pines Rd. Bicky Road

BICKY ROAD LOOKING NORTH Subject Bicky Road

STREETSCAPE SUBJECT Whispering Pines Road – Looking West Whispering Pines Road – Looking East

AREA HOMES

BZA FINDINGS Applicant failed to demonstrate compliance with Special Exception criteria Use too intense for rural area Land use not compatible with surrounding uses Non-residential intrusion in the middle of a residential neighborhood Neighborhood opposition

COMMUNITY FEEDBACK Use will bring additional traffic into neighborhood. Safety of neighborhood children while playing outdoors. Wish to preserve their quality of life; purchased homes for the quiet and rural lifestyle the area offers. Proposed use would change character of the neighborhood. Noise Precedence, if approved. Opposition at community meeting. Commentaries Received: 9 Opposed, None in Favor.

BZA REQUESTS Subject 1.SPEX- Family Lot Provision 2.VAR- Reduced Setback 3.VAR- Reduced Setback 4.SPEX - Baseball Field (DENIED) 5.SPEX - Mobile Home for parent 6.SPEX - Det. Accessory Dwelling Unit (ADU) 7.SPEX - Det. Accessory Dwelling Unit 8.VAR- Trailer for Office Use 9.SPEX- Exceed number of horses per acre 10.VAR - Additional Mobile Home for living purposes 11.VAR - Height & Bldg. Size 12.SPEX - Detached ADU 13.SPEX - Remote Car Racetrack (DENIED) 14.SPEX - Raise & breed horses for commercial purposes, and exceed number of horses per acre

LICENSED CHILD CARE FACILITIES 5 MILE RADIUS * LICENSED CHILD CARE PROVIDERS WITHIN A 5-MILE RADIUS OF SUBJECT SITE = 33 (EXCLUDING ABOVE) B. C. D. E. F. G. H. subject

BZA RECOMMENDATION Denied the special exception request in that the request did not meet the requirements governing special exceptions as spelled out in Section 38-78, Orange County Code. Motion - Unanimous

BCC ACTION REQUESTED ACTION REQUESTED: Deny the request, consistent with the BZA Recommendation, in that the request does not meet Section 38-78, Special Exception Criteria, Orange County Code

August 25, 2009 BCC CALLED PUBLIC HEARING on BZA #SE , July 2, 2009 APPLICANT: Jose A. Casanova, Jr.

BCC CONDITIONS 1.Development in accordance with site plan dated , 2009 and all other applicable regulations. Any deviations, changes, or modifications to the plan are subject to the Zoning Manager’s approval. The Zoning Manager may require the changes be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or to determine if the applicant’s changes require another BZA public hearing; 2.Access, drainage, roadway improvements and concurrency management shall be determined by the Public Works Department; 3.Parking spaces may be unpaved, however, all handicap spaces and driving aisles must be paved; 4.Dumpster shown on site plan shall meet Orange County commercial permitting standards; 5.Landscaping shall be in accordance with Chapter 24, Orange County Code 6.A minimum 30 inch hedge with 10 foot high trees 40 feet on-center shall be planted along the front and rear property line; 7.Signage shall be in accordance with , Orange County Code; 8.Hours of operation for the child day care facility will be Monday through Friday 6:00am to 6pm; 9.Prior to operating the facility, the applicant shall submit plans through the county’s commercial site plan review process (commercial permitting) and obtain a Certificate of Occupancy; and 10.Applicant has three (3) years from the date of Orange County approval to apply for commercial permitting or the Special Exception approval is null and void.

COMMENTARIES Red dots represents commentaries staff received back on the request; OPPOSED