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MAY 8, 2012

BCC PUBLIC HEARING ON BZA # SE-11-11-089, Nov. 03, 2011 APPLICANT: CHANTEL PRESTON APPELLANT: SHAWN R.H. SMITH, Esq., (AGENT FOR CHANTEL PRESTON). MAY 8, 2012. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW.

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MAY 8, 2012

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  1. BCC PUBLIC HEARINGON BZA # SE-11-11-089, Nov. 03, 2011APPLICANT: CHANTEL PRESTON APPELLANT: SHAWN R.H. SMITH, Esq., (AGENT FOR CHANTEL PRESTON) MAY 8, 2012

  2. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW • 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.

  3. 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

  4. ZONING MAP

  5. Future Land Use Map

  6. AERIAL RETENTION POND RETENTION POND

  7. PROPOSED SITE PLANS REVISED SITE PLAN FOR BCC HEARING SITE PLAN VIEWED BY BZA

  8. ELEVATION PLANS Modular • EXTERIOR IMPROVEMENTS • Fabric Awnings • Entry Feature with Columns & Parapet Walls

  9. SITE PHOTOGRAPH Modular buildings for proposed land use

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

  11. SITE PHOTOGRAPH & ADJACENT RETENTION POND Subject property

  12. CODE ENFORCEMENT PHOTOS – 3/19/12

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

  14. AREA PHOTOGRAPH Vacant lot opposite subject property

  15. 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.

  16. SINGLE FAMILY RESIDENCES E. CLEVELAND ST. This lot is 2 parcels east of the subject property. BZA approval for a child day care in 2009; max 30 children. Permit approved 1/27/12, but not issued.

  17. AREA LAND USES Subject

  18. Child Day Care Homes/Centers Located in 32703 Zip Code (37) 32703 Area Map

  19. 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

  20. 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)

  21. 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

  22. 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

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

  24. BCC PUBLIC HEARINGON BZA # SE-11-11-089, Nov. 03, 2011APPLICANT: CHANTEL PRESTON APPELLANT: SHAWN R.H. SMITH, Esq., (AGENT FOR CHANTEL PRESTON) MAY 8, 2012

  25. BZA CONDITIONS • 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. • 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. • Approval is for a maximum of 25 children. Hours of operation limited to 6:00 AM to 7:00 PM, 7-days a week. • All parking spaces and driving aisles shall be paved. Applicant shall provide a minimum of six (6) parking spaces for a maximum 25 children.

  26. BZA CONDITIONS • All signage shall comply with section 31.5-75 of the Orange County sign code.  • 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. • 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. • Modular buildings shall be removed from the site by November 30, 2012 if site and building permits are not obtained. • 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. • A 6-foot opaque vinyl fence shall be installed along both side yards and the rear yard. • This approval is for a child day care center use only.

  27. VARIANCE CRITERIA SPECIAL EXCEPTION CRITERIA

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