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JULY 16, 2013

BCC APPEAL HEARING ON BZA SE-13-06-025, JUNE 06, 2013 APPLICANT: KEVIN DONAGHY AGENT FOR CHANTEL PRESTON. JULY 16, 2013. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW.

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JULY 16, 2013

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  1. BCC APPEAL HEARINGON BZA SE-13-06-025, JUNE 06, 2013APPLICANT: KEVIN DONAGHY AGENT FOR CHANTEL PRESTON JULY 16, 2013

  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-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

  4. ZONING MAP

  5. AERIAL & LAND USES SubjectProperty Hunt St. RETENTION POND SFR Child Daycare Center Approved 2009 SFR SFR SFR SFR VACANT E. Cleveland St. SFR vacant SFR SFR SFR SFR SFR vacant vacant SFR SFR Clarcona Rd. SFR

  6. PROPOSED SITE PLAN

  7. SITE PHOTOGRAPH Modular buildings for proposed land use

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

  9. SITE PHOTOGRAPH & ADJACENT RETENTION POND Subject property

  10. AREA PHOTOGRAPH Vacant lot opposite subject property

  11. 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.

  12. 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.

  13. 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

  14. PROJECT 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.

  15. COMMUNITY 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 Favor 1 in Opposition

  16. BZA 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

  17. BZA 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)

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

  19. BCC APPEAL HEARINGON SE-13-06-025, JUNE 06, 2013APPLICANT: KEVIN DONAGHYAGENT FOR CHANTEL PRESTON JULY 16, 2013

  20. 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; • 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; • 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 and obtain all required permits to include a Certificate of Occupancy for modular buildings. • Permits shall be obtained within 6 months of Special Exception approval. Construction shall begin within 9 months of Special Exception approval.

  21. 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; • Failure to comply with the above conditions shall result in code enforcement action. • 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.

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