MAY 8, 2012 BCC PUBLIC HEARING ON BZA # SE-11-11-089, Nov. 03, 2011 APPLICANT: CHANTEL PRESTON...

MAY 8, 2012MAY 8, 2012

BCC PUBLIC HEARINGON

BZA # SE-11-11-089, Nov. 03, 2011

APPLICANT: CHANTEL PRESTON

APPELLANT: SHAWN R.H. SMITH, Esq., (AGENT FOR CHANTEL PRESTON)

BCC PUBLIC HEARINGON

BZA # SE-11-11-089, Nov. 03, 2011

APPLICANT: CHANTEL PRESTON

APPELLANT: SHAWN R.H. SMITH, Esq., (AGENT FOR 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-11-11-089

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: Applicant cited by Code Enforcement for placement of modular buildings at the site without approval.

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 ZONING MAP

Future Land Use Map

AERIAL

RETENTION POND

RETENTION POND

PROPOSED SITE PLANS

SITE PLAN VIEWED BY BZA REVISED SITE PLAN FOR BCC HEARING

ELEVATION PLANS

Modular

EXTERIOR IMPROVEMENTS

• Fabric Awnings• Entry Feature with Columns &

Parapet Walls

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

Subjectproperty

CODE ENFORCEMENT PHOTOS – 3/19/12

CODE ENFORCEMENT PHOTOS – 3/19/12

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

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 parcelseast of the subject property. BZA approval for a child day care in 2009; max 30 children. Permit approved 1/27/12, but not issued.

AREA LAND USES

Subject

Child Day Care Homes/Centers Located in 32703 Zip Code (37)Child Day Care Homes/Centers Located in 32703 Zip Code (37)

32703 Area Map

PROJECT DATA

Proposal: Child day care center for maximum 50 children and learning center. Note: Learning center no longer

proposed.

Hours of 7-days a week, 6am – 7pm Operation: Buildings: 2 modular bldgs. for proposed land use

Site Paved parking, paved drive aisles, Improvements: retention pond, landscaping, and

playground

BZA FINDINGSBZA 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 FEEDBACKCOMMUNITY FEEDBACK

• Commentaries: 3 in FavorNone Opposed

• No opposition at the BZA hearing

• Applicant submitted signature petition in favor of the request; 9 signatures

BZA RECOMMENDATIONBZA 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 REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:

Deny the request consistent with the Board of Zoning Adjustment’s recommendation.

MAY 8, 2012MAY 8, 2012

BCC PUBLIC HEARINGON

BZA # SE-11-11-089, Nov. 03, 2011

APPLICANT: CHANTEL PRESTON

APPELLANT: SHAWN R.H. SMITH, Esq., (AGENT FOR CHANTEL PRESTON)

BCC PUBLIC HEARINGON

BZA # SE-11-11-089, Nov. 03, 2011

APPLICANT: CHANTEL PRESTON

APPELLANT: SHAWN R.H. SMITH, Esq., (AGENT FOR CHANTEL PRESTON)

BZA CONDITIONS

1. Development in accordance with site and elevation plans dated April 20, 2012 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 25 children. Hours of operation limited to 6:00 AM to 7:00 PM, 7-days a week.

5. All parking spaces and driving aisles shall be paved. Applicant shall provide a minimum of six (6) parking spaces for a maximum 25 children.

BZA CONDITIONS6. All signage shall comply with section 31.5-75 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. Modular buildings shall be removed from the site by November 30, 2012 if site and building permits are not obtained.

12. Applicant has 3 years from the date of Orange County approval to obtain a site and building permit or the Special Exception becomes 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 both side yards and the rear yard.

14. This approval is for a child day care center use only.

VARIANCE CRITERIA SPECIAL EXCEPTION CRITERIA