1. (Continued from May 22, 2007) BCC PUBLIC HEARING ON BZA # SE-07-03-013, 4/5/07 APPLICANT: Knowledge Tree Learning Center June 26, 2007

2. CASE:SE-07-04-013 APPLICANT:Knowledge Tree Learning Center REQUEST:Special exception in A-1 zone for child day care center and kindergarten for up to 315 children ZONING:A-1 TRACT SIZE:9.25 acres LOCATION:Northeast corner of Roberson Road and Windermere Road DISTRICT:#1 CASE:SE-07-04-013 APPLICANT:Knowledge Tree Learning Center REQUEST:Special exception in A-1 zone for child day care center and kindergarten for up to 315 children ZONING:A-1 TRACT SIZE:9.25 acres LOCATION:Northeast corner of Roberson Road and Windermere Road DISTRICT:#1 BACKGROUNDBACKGROUND

3. APPLICANT’S PROPOSAL Proposed use: Child care, Pre-K, KindergartenProposed use: Child care, Pre-K, Kindergarten # of Clients: 315 children/ 32 staff# of Clients: 315 children/ 32 staff Type of Improvements:New constructionType of Improvements:New construction Building Size:16,000 sq. ft.Building Size:16,000 sq. ft. FLUM Designation:RuralFLUM Designation:Rural Hrs. of Operation:6:30 am-6:30 pm, M-F; periodically on Sat’sHrs. of Operation:6:30 am-6:30 pm, M-F; periodically on Sat’s Transportation:No planned improvementsTransportation:No planned improvements

4. ZONING MAP Subject property

5. ZONING MAP

6. AERIAL Proposed Retail Proposed Office George Bailey Park Citrus Grove Proposed Condos NOTE: Existing nursery was removed Proposed Daycare

7. SITE PLAN Proposed daycare Future Development

8. SITE PHOTOGRAPH SUBJECT SITE

9. SITE PHOTOGRAPH Subject Site SUBJECT SITE

10. SITE PHOTOGRAPH Subject Site SUBJECT SITE

11. SITE PHOTOGRAPH Subject Site SUBJECT SITE Roberson Road

12. COMMUNITY FEEDBACK Public Notice: 1 mile radius; 2793 notices mailedPublic Notice: 1 mile radius; 2793 notices mailed Two (2) Community meetings; 2 nd community had 30 attendeesTwo (2) Community meetings; 2 nd community had 30 attendees Traffic was primary concernTraffic was primary concern BZA Public Hearing: 1 citizen spoke in favor; 4 citizens spoke in opposition; Zoning, Transportation Planning and Legal Staff provided analysisBZA Public Hearing: 1 citizen spoke in favor; 4 citizens spoke in opposition; Zoning, Transportation Planning and Legal Staff provided analysis Commentaries Received: 90 in favor; 270 opposedCommentaries Received: 90 in favor; 270 opposed

13. City of Winter Garden Letter from City Manager (May 17, 2007)Letter from City Manager (May 17, 2007) City Commission requests alternate site be foundCity Commission requests alternate site be found Recommends conditions if approvedRecommends conditions if approved –200 Students –Locate School at Corner of Site –Deceleration/Acceleration lanes –Improve Roberson/Windermere intersection by adding left and right hand turn lanes where needed

14. TRAFFIC ENGINEERING ANALYSIS The intersection is operating at poor levels of service with existing traffic because of the single approach lanes.The intersection is operating at poor levels of service with existing traffic because of the single approach lanes. The proposed use will further degrade the level of service if no improvements are made.The proposed use will further degrade the level of service if no improvements are made. If left turn lanes are constructed on all approaches, the level of service with existing and proposed traffic will improve to Level of service C in the AM peak hour and D in the PM peak hour.If left turn lanes are constructed on all approaches, the level of service with existing and proposed traffic will improve to Level of service C in the AM peak hour and D in the PM peak hour. Further improvements in level of service will result if right turn lanes are also constructed on all approaches. The right turn lanes will provide some additional capacity for future traffic growth.Further improvements in level of service will result if right turn lanes are also constructed on all approaches. The right turn lanes will provide some additional capacity for future traffic growth.

15. BZA FINDINGS Three (3) BZA Members: Proposed use is not similar or compatible with the surrounding uses in area and acts as a detrimental intrusion into the existing residential neighborhoods.Three (3) BZA Members: Proposed use is not similar or compatible with the surrounding uses in area and acts as a detrimental intrusion into the existing residential neighborhoods. Three (3) BZA Members: Proposed use is compatible with surrounding uses in area.Three (3) BZA Members: Proposed use is compatible with surrounding uses in area.

16. BZA RECOMMENDATION Motion to Deny: Motion failed (3-3 vote) Motion to Approve: Motion failed (3-3 vote) Motion to Deny: Motion failed (3-3 vote) RESULT: DE FACTO DENIAL

17. BCC ACTION REQUESTED ACTION REQUESTED: Approve the request subject to conditions of approval OR Deny the request in that it does not comply with the Special Exception criteria outlined in Section 38-78, O.C. Code.

18. (Continued from May 22, 2007) BCC PUBLIC HEARING ON BZA # SE-07-03-013, 4/5/07 APPLICANT: Knowledge Tree Learning Center June 26, 2007

19. CONDITIONS OF APPROVAL (if the BCC approves) 1.Development in accordance with site plan dated January 5, 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.All outdoor lighting shall be in accordance with Chapter 9, Orange County Code; 3.Hours of operation shall be Monday – Friday, 6:30 am to 6:30 pm and one Saturday per month from 6:30 am to 6:30 pm; 4.Maximum number of children shall be 315; 5.Access, drainage, roadway improvements and concurrency management shall be determined by the Public Works Department;

20. CONDITIONS OF APPROVAL (cont.) 6.Landscaping shall be in accordance with Chapter 24, Orange County Code; 7.Pole, pylon and billboard signs are prohibited. Ground signage shall be in accordance with Chapter 31.5, Orange County Code; 8.Building design shall be in accordance with Chapter 9, Orange County Code; 9.Construction plans shall be submitted within 3 years or this approval becomes null and void; 10.A flood plain permit shall be obtained;

21. CONDITIONS OF APPROVAL (cont.) 11.Prior to the issuance of any permits, the applicant shall obtain approval from the Environmental Protection Division regarding FDEP regulation 62-777 Contaminant Cleanup Target Levels; and 12.The applicant shall construct left and right turn lanes on all approaches at the intersection of Windermere Road and Roberson Road.