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Child Day Care Center Special Exception Request

Chantel Preston has requested a special exception for a learning center and child day care center for a maximum of 50 children in an R-1A zone. The request was denied by the Board of Zoning Adjustment due to concerns about children's safety, topography, and the compatibility of modular buildings with the area.

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Child Day Care Center Special Exception Request

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  1. BCC PUBLIC HEARINGONBZA # SE-11-11-089, Nov. 03, 2011APPELLANT/APPLICANT: CHANTEL PRESTON FEBRUARY 21, 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: 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

  4. ZONING MAP

  5. Future Land Use Map

  6. AERIAL RETENTION POND RETENTION POND

  7. PROPOSED SITE PLAN

  8. SITE PHOTOGRAPH Modular buildings for proposed land use

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

  10. SITE PHOTOGRAPH & ADJACENT RETENTION POND Subject property

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

  12. E. CLEVELAND ST. LOOKING WEST TOWARDS CLARCONA RD. E. Cleveland St.

  13. AREA PHOTOGRAPH Vacant lot opposite subject property

  14. 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.

  15. SINGLE FAMILY RESIDENCES (E. CLEVELAND ST.) This lot is 2 parcels east of the subject property. It received BZA approval for a child day care in 2009; max 30 children.

  16. AREA LAND USES Subject

  17. PROJECT 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

  18. 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)

  19. 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.

  20. 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

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

  22. BCC PUBLIC HEARINGONBZA # SE-11-11-089, Nov. 03, 2011APPELLANT/APPLICANT: CHANTEL PRESTON FEBRUARY 21, 2012

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