(Continued from May 22, 2007)

BCC PUBLIC HEARINGON

BZA # SE-07-03-013, 4/5/07APPLICANT:

Knowledge Tree Learning Center

June 26, 2007

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

APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL • Proposed use: Proposed use: Child care, Pre-K, KindergartenChild care, Pre-K, Kindergarten

• # of Clients:# of Clients: 315 children/ 32 staff315 children/ 32 staff

• Type of Improvements:Type of Improvements: New constructionNew construction

• Building Size:Building Size:16,000 sq. ft.16,000 sq. ft.

• FLUM Designation:FLUM Designation: RuralRural

• Hrs. of Operation:Hrs. of Operation: 6:30 am-6:30 pm, M-F; periodically 6:30 am-6:30 pm, M-F; periodically on on Sat’s Sat’s

• Transportation:Transportation: No planned improvementsNo planned improvements

ZONING MAPZONING MAP

Subject property

ZONING MAPZONING MAP

AERIALAERIAL

Proposed Retail

Proposed Office George Bailey Park

Citrus Grove

Proposed Condos

NOTE: Existing nursery was removed

Proposed Daycare

SITE PLANSITE PLAN

Proposed daycare

Future Development

SITE PHOTOGRAPHSITE PHOTOGRAPH

SUBJECT SITE

SITE PHOTOGRAPHSITE PHOTOGRAPH

Subject Site

SUBJECT SITE

SITE PHOTOGRAPHSITE PHOTOGRAPH

Subject Site

SUBJECT SITE

SITE PHOTOGRAPHSITE PHOTOGRAPH

Subject Site

SUBJECT SITE

Roberson Road

COMMUNITY FEEDBACKCOMMUNITY FEEDBACK

• Public Notice: 1 mile radius; 2793 notices mailedPublic Notice: 1 mile radius; 2793 notices mailed• Two (2) Community meetings; 2Two (2) Community meetings; 2ndnd community had community had

30 attendees30 attendees• Traffic was primary concernTraffic was primary concern• BZA Public Hearing: 1 citizen spoke in favor; 4 BZA Public Hearing: 1 citizen spoke in favor; 4

citizens spoke in opposition; Zoning, citizens spoke in opposition; Zoning, Transportation Planning and Legal Staff provided Transportation Planning and Legal Staff provided analysisanalysis

• Commentaries Received: 90 in favor; 270 opposedCommentaries Received: 90 in favor; 270 opposed

City of Winter GardenCity of Winter Garden

• Letter from City Manager (May 17, 2007)Letter from City Manager (May 17, 2007)• City Commission requests alternate site be City Commission requests alternate site be

foundfound• Recommends conditions if approvedRecommends conditions if approved

– 200 Students200 Students– Locate School at Corner of SiteLocate School at Corner of Site– Deceleration/Acceleration lanesDeceleration/Acceleration lanes– Improve Roberson/Windermere intersection by Improve Roberson/Windermere intersection by

adding left and right hand turn lanes where adding left and right hand turn lanes where neededneeded

TRAFFIC ENGINEERING TRAFFIC ENGINEERING ANALYSISANALYSIS

• The intersection is operating at poor levels of service with The intersection is operating at poor levels of service with existing traffic because of the single approach lanes.existing traffic because of the single approach lanes.

• The proposed use will further degrade the level of service if The proposed use will further degrade the level of service if no improvements are made.no improvements are made.

• If left turn lanes are constructed on all approaches, the If left turn lanes are constructed on all approaches, the level of service with existing and proposed traffic will level of service with existing and proposed traffic will improve to Level of service C in the AM peak hour and D improve to Level of service C in the AM peak hour and D in the PM peak hour.in the PM peak hour.

• Further improvements in level of service will result if right Further improvements in level of service will result if right turn lanes are also constructed on all approaches. The right turn lanes are also constructed on all approaches. The right turn lanes will provide some additional capacity for future turn lanes will provide some additional capacity for future traffic growth.traffic growth.

BZA FINDINGS BZA FINDINGS

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

• Three (3) BZA Members: Proposed use is Three (3) BZA Members: Proposed use is compatible with surrounding uses in area.compatible with surrounding uses in area.

BZA RECOMMENDATIONBZA RECOMMENDATION

Motion to Deny: Motion failed (3-3 vote)Motion to Deny: Motion failed (3-3 vote)

Motion to Approve: Motion failed Motion to Approve: Motion failed (3-3 vote)(3-3 vote)

Motion to Deny: Motion failed (3-3 vote)Motion to Deny: Motion failed (3-3 vote)

RESULT: DE FACTO DENIALRESULT: DE FACTO DENIAL

BCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:ACTION REQUESTED:

Approve the request subject to conditions of Approve the request subject to conditions of approvalapproval

OROR

Deny the request in that it does not comply with Deny the request in that it does not comply with the Special Exception criteria outlined in Section the Special Exception criteria outlined in Section 38-78, O.C. Code.38-78, O.C. Code.

(Continued from May 22, 2007)

BCC PUBLIC HEARINGON

BZA # SE-07-03-013, 4/5/07APPLICANT:

Knowledge Tree Learning Center

June 26, 2007

CONDITIONS OF APPROVAL CONDITIONS OF APPROVAL (if the BCC approves)(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;

CONDITIONS OF APPROVALCONDITIONS OF APPROVAL(cont.)(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;

CONDITIONS OF APPROVALCONDITIONS OF APPROVAL(cont.)(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.