FEBRUARY 21, 2012 BCC PUBLIC HEARING ON BZA # SE , Nov. 03, 2011 APPELLANT/APPLICANT: CHANTEL PRESTON

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 #:SE APPLICANT:Chantel Preston REQUEST:Special exception in R-1A zone for a learning center and child day care center for a maximum of 50 children. Two modular buildings are proposed for the land use. (Note: Modulars on-site cited by Code Enforcement) ZONING:R-1A TRACT SIZE:½ acre LOCATION:North side of E. Cleveland Street, 150 ft. east of Clarcona Road, west of Old Apopka Road DISTRICT:#2

ZONING MAP

Future Land Use Map

AERIAL RETENTION POND RETENTION POND

PROPOSED SITE PLAN

SITE PHOTOGRAPH Modular buildings for proposed land use

SITE PHOTOGRAPH Vacant lot along west (side yard) property line East Side Yard

SITE PHOTOGRAPH & ADJACENT RETENTION POND Subject property

E. CLEVELAND ST. - LOOKING EAST TOWARDS OLD APOPKA RD.

E. CLEVELAND ST. LOOKING WEST TOWARDS CLARCONA RD. E. Cleveland St.

AREA PHOTOGRAPH Vacant lot opposite subject property

SINGLE FAMILY RESIDENCES E. CLEVELAND ST. SFR; northeast corner of E. Cleveland St. & Clarcona Rd. (two lots west of subject site) SFR; southeast corner of E. Cleveland St. & Clarcona Rd.

SINGLE FAMILY RESIDENCES (E. CLEVELAND ST.) This lot is 2 parcels east of the subject property. It received BZA approval for a child day care in 2009; max 30 children.

AREA LAND USES Subject

PROJECT DATA Proposal:Child day care center for maximum 50 children and learning center. Note: Learning center will be open to area residents and the general public Hours of7-days a week, 24 hours a day Operation: Buildings.:2 modular bldgs. for proposed land use Site Paved parking, paved drive aisles, Improvements:retention pond, landscaping, and playground

BZA FINDINGS Too many issues for the applicant to overcome; concerned whether the applicant can develop the site and comply with conditions of approval Children’s safety; property is adjacent to a retention pond Topography; land requires substantial fill dirt Modular buildings not in character with area homes Child day care center (BZA approved 2009; max. 30 children) two lots east of the subject site. (facility not open)

COMMUNITY FEEDBACK Commentaries:3 in Favor None Opposed No opposition at the BZA hearing Applicant submitted signature petition in favor of the request; 9 signatures.

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: 4 in favor; 3 opposed

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

FEBRUARY 21, 2012 BCC PUBLIC HEARING ON BZA # SE , Nov. 03, 2011 APPELLANT/APPLICANT: CHANTEL PRESTON

BZA CONDITIONS 1.Development in accordance with site plan dated Oct and all other applicable regulations. Approval of this request does not constitute approval of the use of septic tanks and wells. The use of septic tanks and wells shall be in accordance with all 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.Prior to earthwork or construction, the Orange County Environmental Protection Division (EPD) will require a survey of wildlife or plants listed as threatened, endangered, or species of special concern and copies of relevant correspondence with the U.S. Fish and Wildlife Service (USFWS) and/or the Florida Fish & Wildlife Conservation Commission (FWC). 3.Prior to the issuance of any permits, the applicant shall obtain a flood plain permit. 4.Approval is for a maximum of children. Hours of operation limited to 6:00 AM to 7:00 PM, 7-days a week.

BZA CONDITIONS 5.All parking spaces and driving aisles shall be paved. Applicant shall provide a minimum of parking spaces for maximum children. 6. All signage shall comply with section of the Orange County sign code. 7.Landscaping shall comply with Chapter 24 Orange County Code, to the greatest extent possible. 8.Access/driveway cuts shown on the site plan are not approved. Access shall be determined by the County Engineer. 9.The modular buildings shall be of same color in earth tone shades and skirting shall be installed around each modular building. No caricatures or designs shall be painted on or affixed to the modular buildings exterior. 10.Prior to operating the facility, the applicant shall submit plans through the county's commercial site plan review process (commercial permitting) and obtain all required permits to include a Certificate of Occupancy for modular buildings. 11.Applicant has 3 years from the date of Orange County approval to apply for commercial permitting/use-permit or the Special Exception is null and void. 12.Any violation of the above conditions shall result in code enforcement action. 13.A 6-foot opaque vinyl fence shall be installed along the west property line.

STAFF ANALYSIS Proposed learning center use too intense for a residential area. Child day care center for a maximum 50 children too intense. Staff supports a smaller facility with a maximum 25 children. Proposed 24-hour operation prohibited in R-1A zoning district. Recommended hours; 6am - 7pm.

ADDITIONAL CONDITION(S)

VARIANCE CRITERIA SPECIAL EXCEPTION CRITERIA