JULY 16, 2013JULY 16, 2013

BCC APPEAL HEARINGON

BZA SE-13-06-025, JUNE 06, 2013

APPLICANT: KEVIN DONAGHY AGENT FOR

CHANTEL PRESTON

BCC APPEAL HEARINGON

BZA SE-13-06-025, JUNE 06, 2013

APPLICANT: KEVIN DONAGHY 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-13-06-025

APPLICANT: Kevin Donaghy Agent For Chantel Preston

REQUEST: Special exception in R-1A zone for a 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, east of Clarcona Road, west of Old Apopka Road

DISTRICT: #2

ZONING MAP ZONING MAP

Hunt St.

AERIAL & LAND USES

RETENTION POND

Subject Property

Child Daycare Center Approved 2009

SFR vacant SFR SFR SFR SFR SFR

SFR SFR VACANTSFR

SFR

SFR

vacantE. Cleveland St.

Clarcona R

d.

SFR SFR

SFR

vacant

PROPOSED SITE PLAN

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

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.

PROJECT DATA

Proposal: Child day care center for maximum 50 children with two modular buildings. Hours of Mon-Friday , 6:30am to 6:30pm Operation: Buildings: 2 modular bldgs. for proposed land use

Site Paved parking, paved drive aisles, Improvements: retention pond, two retaining walls

(one with a 6’ high chain link fence), landscaping and playground

PROJECT HISTORYPROJECT HISTORY

• Applicant went to BZA on Nov. 3, 2011 (SE-11-11-089) for a Special Exception to allow a learning center and child daycare w/max. 50 children and 2 modular buildings and was denied by both the BZA and the BCC.

• The modular buildings are still on site and the site has remained untouched.

• Code Enforcement has issued an affidavit of non-compliance and the applicant is accruing fines.

COMMUNITY FEEDBACKCOMMUNITY FEEDBACK

• Community meeting was held on May 9, 2013 at the North Orange Branch Library

• Six people were in attendance, none spoke in opposition

• Commentaries: 1 in Favor1 in Opposition

BZA FINDINGSBZA FINDINGS

• Layout of site requires extensive engineering (i.e. retaining walls, substantial fill dirt and grading)

• Children’s safety–Site is adjacent to steep retention pond–The potential for standing water near

the playground created safety concerns

BZA RECOMMENDATIONBZA RECOMMENDATION

• Denied the Special Exception request in that the BZA found it did not meet the requirements governing Special Exceptions as spelled out in Orange County Code Section 38-78 and that the granting of the Special Exception does adversely affect the general public interest (4 in favor; 1 opposed)

BCC ACTION REQUESTEDBCC ACTION REQUESTED

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

JULY 16, 2013JULY 16, 2013

BCC APPEAL HEARINGON

SE-13-06-025, JUNE 06, 2013

APPLICANT: KEVIN DONAGHYAGENT FOR

CHANTEL PRESTON

BCC APPEAL HEARINGON

SE-13-06-025, JUNE 06, 2013

APPLICANT: KEVIN DONAGHYAGENT FOR

CHANTEL PRESTON

CONDITIONS IF BCC APPROVES

1. Development in accordance with site plan dated March 15, 2013 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. Approval is for a maximum of 50 children. Hours of operation shall be restricted to 6:00 AM to 7:00 PM, Monday thru Friday;

3. 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.

4. Prior to operating the facility, the applicant shall submit plans through the county's commercial site plan review process and obtain all required permits to include a Certificate of Occupancy for modular buildings.

5. Permits shall be obtained within 6 months of Special Exception approval. Construction shall begin within 9 months of Special Exception approval.

CONDITIONS IF BCC APPROVES

6. Landscaping shall comply with Chapter 24 Orange County Code, to the greatest extent possible.

7. All signage shall comply with Section 31.5-75 of the Orange County Sign Code;

8. Access, drainage and roadway improvements shall be determined by the Public Works Department;

9. Prior to issuance of any permits the applicant shall obtain a flood plain permit;

10. Failure to comply with the above conditions shall result in code enforcement action.

11. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.

Pursuant to Section 125.002, the applicant shall obtain all other applicable state or federal permits before commencement of development.