Bcc public hearing on bza se 07 03 013 4 5 07 applicant knowledge tree learning center june 26 2007
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BCC PUBLIC HEARING ON BZA # SE-07-03-013, 4/5/07 APPLICANT: Knowledge Tree Learning Center June 26, 2007. (Continued from May 22, 2007). BACKGROUND. CASE:SE-07-04-013 APPLICANT:Knowledge Tree Learning Center

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Bcc public hearing on bza se 07 03 013 4 5 07 applicant knowledge tree learning center june 26 2007

BCC PUBLIC HEARINGONBZA # SE-07-03-013, 4/5/07APPLICANT:Knowledge Tree Learning CenterJune 26, 2007

(Continued from May 22, 2007)


Background

BACKGROUND

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


Applicant s proposal

APPLICANT’S PROPOSAL

  • Proposed use: Child care, Pre-K, Kindergarten

  • # of Clients: 315 children/ 32 staff

  • Type of Improvements:New construction

  • Building Size:16,000 sq. ft.

  • FLUM Designation:Rural

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

  • Transportation:No planned improvements


Zoning map

ZONING MAP

Subject property


Zoning map1

ZONING MAP


Aerial

AERIAL

Citrus Grove

NOTE: Existing nursery was removed

Proposed Retail

Proposed Condos

Proposed Daycare

Proposed Office

George Bailey Park


Site plan

SITE PLAN

Proposed daycare

Future Development


Site photograph

SITE PHOTOGRAPH

SUBJECT SITE


Site photograph1

SITE PHOTOGRAPH

SUBJECT SITE

Subject Site


Site photograph2

SITE PHOTOGRAPH

SUBJECT SITE

Subject Site


Site photograph3

SITE PHOTOGRAPH

SUBJECT SITE

Subject Site

Roberson Road


Community feedback

COMMUNITY FEEDBACK

  • Public Notice: 1 mile radius; 2793 notices mailed

  • Two (2) Community meetings; 2nd community had 30 attendees

  • Traffic was primary concern

  • BZA Public Hearing: 1 citizen spoke in favor; 4 citizens spoke in opposition; Zoning, Transportation Planning and Legal Staff provided analysis

  • Commentaries Received: 90 in favor; 270 opposed


City of winter garden

City of Winter Garden

  • Letter from City Manager (May 17, 2007)

  • City Commission requests alternate site be found

  • Recommends conditions if approved

    • 200 Students

    • Locate School at Corner of Site

    • Deceleration/Acceleration lanes

    • Improve Roberson/Windermere intersection by adding left and right hand turn lanes where needed


Traffic engineering analysis

TRAFFIC ENGINEERING ANALYSIS

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

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

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

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


Bza findings

BZA FINDINGS

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

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


Bza recommendation

BZA RECOMMENDATION

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

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

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

RESULT: DE FACTO DENIAL


Bcc action requested

BCC ACTION REQUESTED

ACTION REQUESTED:

Approve the request subject to conditions of approval

OR

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


Bcc public hearing on bza se 07 03 013 4 5 07 applicant knowledge tree learning center june 26 20071

BCC PUBLIC HEARINGONBZA # SE-07-03-013, 4/5/07APPLICANT:Knowledge Tree Learning CenterJune 26, 2007

(Continued from May 22, 2007)


Conditions of approval if the bcc approves

CONDITIONS OF APPROVAL (if the BCC approves)

  • 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;

  • 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 approval cont

CONDITIONS OF APPROVAL(cont.)

  • Landscaping shall be in accordance with Chapter 24, Orange County Code;

  • Pole, pylon and billboard signs are prohibited. Ground signage shall be in accordance with Chapter 31.5, Orange County Code;

  • Building design shall be in accordance with Chapter 9, Orange County Code;

  • Construction plans shall be submitted within 3 years or this approval becomes null and void;

  • A flood plain permit shall be obtained;


Conditions of approval cont1

CONDITIONS OF APPROVAL(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.


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