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August 25, 2009

BCC CALLED PUBLIC HEARING on BZA #SE-09-07-004, July 2, 2009 APPLICANT: Jose A. Casanova, Jr. August 25, 2009. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW.

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August 25, 2009

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  1. BCC CALLED PUBLIC HEARINGonBZA #SE-09-07-004, July 2, 2009APPLICANT: Jose A. Casanova, Jr. August 25, 2009

  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: BZA #SE-09-07-004 APPLICANT: Jose A. Casanova, Jr. REQUEST: Special Exception to convert single family residence into a child day care facility and Variance for unpaved parking. ZONING: A-2 (Agricultural) TRACT SIZE: 4.56 acres LOCATION: Northeast corner of Whispering Pines Road and Bicky Road; 6607 Whispering Pines Road DISTRICT: #4

  4. APPLICANT’S PROPOSAL • Child Day Care Facility • Number of Clients: 100 maximum • Ages: 6 weeks - 5 years • Hours of Operation: M-F 6:00 am – 6:00 pm • Staff: 8 to 10 • Variance for 20 unpaved parking spaces

  5. ZONING MAP

  6. FUTURE LAND USE MAP City of Orlando P-D Ginn Property P-D Boggy Creek Enclave P-D Ward Property City of Orlando = RURAL

  7. AERIAL BETH RD. BICKY RD. Unopened ROW (Seth Rd.) SUBJECT HAPPY LANE. Unopened ROW (Whispering Pines Rd.) WHISPERING PINES RD. 6607 Whispering Pines Road

  8. AERIAL SUBJECT BOGGY CREEK RD.

  9. SITE PLAN SUBMITTED FOR BZA HEARING Playground Proposed Unpaved Parking House

  10. REVISED SITE PLAN SUBMITTED FOR BCC HEARING PLAYGROUND PROPOSED DRIVEWAYS Bicky Road HOUSE Whispering Pines Road

  11. SITE PHOTOGRAPH 6607 WHISPERING PINES ROAD BUILT: 2004

  12. SITE PHOTOGRAPH REAR VIEW OF RESIDENCE 6607 WHISPERING PINES ROAD

  13. SITE PHOTOGRAPH Proposed Day Care Center Play Area Whispering Pines Rd. Bicky Road

  14. BICKY ROADLOOKING NORTH Subject Bicky Road

  15. STREETSCAPE SUBJECT Whispering Pines Road – Looking East Whispering Pines Road – Looking West

  16. AREA HOMES

  17. BZA FINDINGS • Applicant failed to demonstrate compliance with Special Exception criteria • Use too intense for rural area • Land use not compatible with surrounding uses • Non-residential intrusion in the middle of a residential neighborhood • Neighborhood opposition

  18. COMMUNITY FEEDBACK • Use will bring additional traffic into neighborhood. • Safety of neighborhood children while playing outdoors. • Wish to preserve their quality of life; purchased homes for the quiet and rural lifestyle the area offers. • Proposed use would change character of the neighborhood. • Noise • Precedence, if approved. • Opposition at community meeting. • Commentaries Received: 9 Opposed, None in Favor.

  19. BZA REQUESTS • 1. SPEX - Family Lot Provision • VAR - Reduced Setback • VAR - Reduced Setback • SPEX - Baseball Field (DENIED) • SPEX - Mobile Home for parent • SPEX - Det. Accessory Dwelling Unit (ADU) • SPEX - Det. Accessory Dwelling Unit • VAR - Trailer for Office Use • SPEX - Exceed number of horses per acre • 10. VAR - Additional Mobile Home for living purposes • VAR - Height & Bldg. Size • SPEX - Detached ADU • SPEX - Remote Car Racetrack(DENIED) • 14. SPEX - Raise & breed horses for commercial purposes, and exceed number of horses per acre 4 2 1 3 6 5 7 8 9 13 10 11 12 14 Subject

  20. LICENSED CHILD CARE FACILITIES 5 MILE RADIUS B. C. D. E. F. G. H. subject *LICENSED CHILD CARE PROVIDERS WITHIN A 5-MILE RADIUS OF SUBJECT SITE =33 (EXCLUDING ABOVE)

  21. 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 - Unanimous

  22. BCC ACTION REQUESTED ACTION REQUESTED: Deny the request, consistent with the BZA Recommendation, in that the request does not meet Section 38-78, Special Exception Criteria, Orange County Code

  23. BCC CALLED PUBLIC HEARINGonBZA #SE-09-07-004, July 2, 2009APPLICANT: Jose A. Casanova, Jr. August 25, 2009

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