April 8, 2008 BCC PUBLIC HEARING ON BZA # SE APPLICANT/APPELLANT: Fernanda Curione

CASE:SE APPLICANT:Fernanda Curione REQUEST:Special exception in R-CE zone to allow a Children’s Day Care Center for up to 40 children. ZONING:R-CE TRACT SIZE:100 ft. x 204 ft. LOCATION:West side of Hempel Avenue, east of Maguire Road, south of Apopka-Vineland Road DISTRICT:#1 CASE:SE APPLICANT:Fernanda Curione REQUEST:Special exception in R-CE zone to allow a Children’s Day Care Center for up to 40 children. ZONING:R-CE TRACT SIZE:100 ft. x 204 ft. LOCATION:West side of Hempel Avenue, east of Maguire Road, south of Apopka-Vineland Road DISTRICT:#1 BACKGROUNDBACKGROUND

APPLICANT’S PROPOSAL Proposed use: Children’s Day Care Center # of Clients: 40 children Hrs. of operation: 7 a.m. - 6 p.m., Monday – Friday # of Staff: 5 Building Sq. Ft.:2378 Sq. Ft. (living area)

ZONING MAP

AERIAL Lake Olivia

SITE PLAN

SITE PHOTOGRAPH Subject 1476 Hempel Avenue

SITE PHOTOGRAPHS

AREA PHOTOGRAPHS 1480 Hempel Ave. (Adjacent residence) 1477 Hempel Ave. (Directly opposite subject)

STREETSCAPE Hempel Ave. Subject

SITE PHOTOGRAPH Rear Yard

FUTURE LAND USE ELEMENT

COMMUNITY FEEDBACK COMMENTARIES:JAN BZA: 43 Opposed 2 in Favor FEB BZA: 27 Opposed 3 in Favor BZA hearing in January was continued for additional public notice and neighborhood meeting (conducted January 30, 19 attendees) Members of the public, both in favor and opposition spoke at the BZA hearing. Applicant submitted a petition with 56 signatures in favor of the request; 38 of the 56 signatures are clients of the day care center.

OPPOSED/FAVOR MAP Hempel Ave.

Petition in Support Names/addresses of persons who utilized day care services at subject property: Gotha1 Windermere6 Orlando18 Others: Ocoee, Apopka, Winter Garden

BZA FINDINGS Proposed use is not similar or compatible with the surrounding residential area. Proposed use is not consistent with the pattern of existing residential development and the County’s Comprehensive Policy Plan of 1 Dwelling Unit per Acre. Proposed use acts as a detrimental intrusion into an existing residential area.

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. (3 in favor; 2 opposed)

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

April 8, 2008 BCC PUBLIC HEARING ON BZA # SE APPLICANT/APPELLANT: Fernanda Curione

CONDITIONS OF APPROVAL 1.Development in accordance with site plan dated December 14, 2007 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.No more than forty (40) children shall be permitted or enrolled at the facility; 3.Hours of operation shall be Monday – Friday, 7:00am – 6:00 pm.; 4.Signage is prohibited, and no caricatures or designs to be painted on the exterior of the building; 5.Install a 6-feet vinyl fence along the north, south, and west property lines. 6.Landscaping shall be in accordance with Chapter 24, Orange County Code; 7.This approval is for the applicant only, Fernanda Curione, and is not transferable to any subsequent owners or lessees; and 8. Prior to operating the facility the applicant shall submit plans through the County’s Commercial Site Plan Review process.