FEBRUARY 21, 2012FEBRUARY 21, 2012

BCC PUBLIC HEARINGON

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

APPELLANT/APPLICANT: CHANTEL PRESTON

BCC PUBLIC HEARINGON

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

APPELLANT/APPLICANT: CHANTEL PRESTON

SPECIAL EXCEPTION SPECIAL EXCEPTION STANDARDS UNDER FLORIDA STANDARDS UNDER FLORIDA

LAWLAW

(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.

BACKGROUNDBACKGROUND

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: Modulars on-site cited by Code Enforcement)

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 ZONING MAP ZONING MAP

Future Land Use MapFuture Land Use Map

AERIALAERIAL

RETENTION POND

RETENTION POND

PROPOSED SITE PLANPROPOSED SITE PLAN

SITE PHOTOGRAPHSITE PHOTOGRAPH

Modular buildings for proposed land use

SITE PHOTOGRAPHSITE PHOTOGRAPH

Vacant lot along west (side yard) property line

East Side Yard

SITE PHOTOGRAPH & SITE PHOTOGRAPH & ADJACENT RETENTION PONDADJACENT RETENTION POND

Subjectproperty

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

E. CLEVELAND ST. LOOKING WEST E. CLEVELAND ST. LOOKING WEST TOWARDS CLARCONA RD.TOWARDS CLARCONA RD.

E. Cleveland St.

AREA PHOTOGRAPHAREA PHOTOGRAPH

Vacant lot opposite subject property

SINGLE FAMILY RESIDENCES SINGLE FAMILY RESIDENCES E. CLEVELAND ST.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 SINGLE FAMILY RESIDENCES (E. CLEVELAND ST.)(E. CLEVELAND ST.)

This lot is 2 parcelseast of the subject property. It received BZA approval for a child day care in 2009; max 30 children.

AREA LAND USESAREA LAND USES

Subject

PROJECT DATAPROJECT DATA

Proposal: Child day care center for maximum 50 children and learning center.

Note: Learning center will be open to area residents and the general public

Hours of 7-days a week, 24 hours a day Operation:

Buildings.: 2 modular bldgs. for proposed land use

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

playground

BZA FINDINGSBZA FINDINGSBZA 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 FEEDBACKCOMMUNITY 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 RECOMMENDATIONBZA 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 REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:

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

FEBRUARY 21, 2012FEBRUARY 21, 2012

BCC PUBLIC HEARINGON

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

APPELLANT/APPLICANT: CHANTEL PRESTON

BCC PUBLIC HEARINGON

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

APPELLANT/APPLICANT: CHANTEL PRESTON