November 18, 2008 BCC Called Public Hearing on BZA #SE , 9/4/08 APPLICANT: Avalon School

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.

BACKGROUND CASE:BZA # SE APPLICANT:Avalon School REQUEST:Special Exception to expand private school by including additional land (2 lots) to be used for outdoor recreation ZONING:R-1 TRACT SIZE:100’ X 150’ (2 additional lots) LOCATION:East side Davisson Avenue, ¼ mile south of Lee Road (address: 5013 Davisson Avenue) DISTRICT:#5

ZONING MAP Avalon School Proposed playground

AERIAL: Main school site at Courtland St. and Andrus Ave.; Proposed playground to west on Davisson Ave. AERIAL: Main school site at Courtland St. and Andrus Ave.; Proposed playground to west on Davisson Ave. Davisson Ave. Courtland St. Andrus Ave.

SITE PLAN School Playground

STAFF ANALYSIS SCHOOL HISTORY (BZA APPROVALS): 1994: Use existing church facility for private school on 5 lots at northwest corner Courtland Ave. and Andrus Ave., maximum 51 students.1994: Use existing church facility for private school on 5 lots at northwest corner Courtland Ave. and Andrus Ave., maximum 51 students. 1999: Added 2 lots to north for expanded classrooms, maximum 99 students.1999: Added 2 lots to north for expanded classrooms, maximum 99 students. 2004: Added additional classroom facility on existing site.2004: Added additional classroom facility on existing site. SCHOOL OPERATION: Program: Remedial academic program for children with learning disabilities, grades 1-8.Program: Remedial academic program for children with learning disabilities, grades 1-8. Student capacity: Current enrollment is 91 students.Student capacity: Current enrollment is 91 students. Operational Hours: Monday thru Friday, 8:00 am - 6:30 pm.Operational Hours: Monday thru Friday, 8:00 am - 6:30 pm.

STAFF ANALYSIS CURRENT REQUEST: 1. Add 2 lots for playground: Location on west side of school property fronting on Davisson Avenue. 2.Activity types: kickball, soccer, frisbee, tag, football, swings, tree climb. 3.Code Enforcement: Applicant cited for using playground without BZA approval. 4.Site condition: Vacant (previous old home demolished); exterior boundaries fenced. 5.Surrounding land uses: Single family homes along Davisson Ave. 6.Community Meeting: Conducted July 30, Twenty-one neighboring families attended. Concerns cited by area neighbors: General issues associated with school operation - traffic, safety, and future expansions. Concerns by neighbors close to playground: Hours of operation and appearance of frontage along Davisson Ave. Conditions proposed by staff to address issues for recommendation to BZA.

PHOTOGRAPH: School (former church building) at Courtland Ave. and Andrus Ave. Courtland Ave.

PHOTOGRAPH: View looking north on Andrus Ave. Andrus Ave.

PHOTOGRAPH: Interior site view: Playground in background

PHOTOGRAPH: Playground site frontage along Davisson Ave. Davisson Ave.

PHOTOGRAPH: East side Davisson Ave. Playground Davisson Ave.

PHOTOGRAPH: West side Davisson Ave. across from Playground Site Davisson Ave.

BZA FINDINGS 1.Received 4 commentaries in favor and 3 in opposition. 2.Three area neighbors spoke in opposition at BZA hearing. Concerns cited: speeding cars, traffic, safety, future expansions by school, school operations in general. 3.BZA found the addition of a school playground was an appropriate expansion that met the Special Exception criteria. Made minor modifications to conditions proposed by staff addressing noise and student capacity.

BZA RECOMMENDATION Approved the special exception request in that the BZA found it met the requirements spelled out in Orange County Code, Sections Said approval was subject to 8 conditions. (unanimous).

BCC ACTION REQUESTED ACTION REQUESTED: Approve the request consistent with the Board of Zoning Adjustment’s recommendation of approval with the conditions.

BZA CONDITIONS 1.Use per BZA site plan and all other applicable rules and 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 BZA for administrative approval or to determine if the applicant’s changes require another public hearing. 2.Apply for Use Permit (playground) and R/W Use Permit for improvements within County right- of-way along Davisson Avenue, within six months from date of BZA approval or said approval is null and void. 3.Playground shall not be lighted. Hours of operation limited to Monday through Friday, 10:00 AM to 3:00 PM. Limited to only those students enrolled at Avalon School. 4.Approval of this request does not grant the applicant the right to expand student capacity beyond 99 students as approved under 4/1/99 Special Exception approval. 5.Traffic control at Avalon School: Immediately pursuant to Special Exception approval, applicant shall use patrols to expedite safe vehicular traffic movement to/from the school during AM arrivals and PM departures. Applicant shall place cones along both sides of Andrus Avenue and Courtland Street each school day during these time frames to avoid vehicular parking in rights-of-way and blocking driveways. (Conditions continued next page)

BZA CONDITIONS 6.Replace existing wood fence with 6-foot high PVC fencing across playground frontage in location depicted on site plan. Install and maintain in good repair 6-foot high wooden fencing along both side parcel boundaries. No gates are permitted within this fencing in order to avoid vehicular or pedestrian traffic to the playground and to promote student safety. 7.Applicant shall hire a landscape consultant to prepare a landscape plan in the area between the PVC fencing and the front property line. The plan shall be drawn to scale and include trees, ground cover, and shrubbery that create a park-like setting. Remove mailbox and driveway and install sod within right-of-way adjacent to Davisson Avenue. Install automatic irrigation system to ensure growth and viability. All existing mature trees in playground and opposite the PVC fence shall not be removed unless deemed necessary by Orange County Arborists. 8.No outdoor sound devices shall be used.

November 18, 2008 BCC Called Public Hearing on BZA #SE , 9/4/08 APPLICANT: Avalon School