April 8, 2008 BCC PUBLIC HEARING ON BZA # SE-08-01-008 APPLICANT/APPELLANT: Fernanda Curione.

April 8, 2008April 8, 2008

BCC PUBLIC HEARINGON

BZA # SE-08-01-008

APPLICANT/APPELLANT: Fernanda Curione

BCC PUBLIC HEARINGON

BZA # SE-08-01-008

APPLICANT/APPELLANT: Fernanda Curione

CASE: SE-08-01-008

APPLICANT: Fernanda Curione

REQUEST: Special exception in R-CE zone to allow a Children’s Day Care Center for up to 40 children.

ZONING: R-CE

TRACT SIZE: 100 ft. x 204 ft.

LOCATION: West side of Hempel Avenue, east of Maguire Road, south of Apopka-Vineland Road

DISTRICT: #1

CASE: SE-08-01-008

APPLICANT: Fernanda Curione

REQUEST: Special exception in R-CE zone to allow a Children’s Day Care Center for up to 40 children.

ZONING: R-CE

TRACT SIZE: 100 ft. x 204 ft.

LOCATION: West side of Hempel Avenue, east of Maguire Road, south of Apopka-Vineland Road

DISTRICT: #1

BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND

APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL

• Proposed use: Children’s Day Care Center

• # of Clients: 40 children

• Hrs. of operation: 7 a.m. - 6 p.m., Monday – Friday

• # of Staff: 5

• Building Sq. Ft.: 2378 Sq. Ft. (living area)

ZONING MAPZONING MAP

AERIALAERIAL

Lake Olivia

SITE PLANSITE PLAN

SITE PHOTOGRAPHSITE PHOTOGRAPH

Subject

1476 Hempel Avenue

SITE PHOTOGRAPHSSITE PHOTOGRAPHS

AREA PHOTOGRAPHSAREA PHOTOGRAPHS

1480 Hempel Ave.(Adjacent residence)

1477 Hempel Ave.(Directly opposite subject)

STREETSCAPESTREETSCAPE

Hempel Ave.

Subject

SITE PHOTOGRAPHSITE PHOTOGRAPHRear YardRear Yard

FUTURE LAND USE FUTURE LAND USE ELEMENTELEMENT

COMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACK

• COMMENTARIES: JAN BZA: 43 Opposed2

in Favor

FEB BZA: 27 Opposed3 in Favor

• BZA hearing in January was continued for additional public notice and neighborhood meeting (conducted January 30, 19 attendees)

• Members of the public, both in favor and opposition spoke at the BZA hearing.

• Applicant submitted a petition with 56 signatures in favor of the request; 38 of the 56 signatures are clients of the day care center.

OPPOSED/FAVOROPPOSED/FAVORMAPMAP

Hem

pel

Ave

.

Petition in SupportPetition in Support

Names/addresses of persons who utilized day care services at

subject property:

Gotha 1Windermere 6Orlando 18

Others:Ocoee, Apopka, Winter Garden

BZA FINDINGS BZA FINDINGS BZA FINDINGS BZA FINDINGS

• Proposed use is not similar or compatible with the surrounding residential area.

• Proposed use is not consistent with the pattern of existing residential development and the County’s Comprehensive Policy Plan of 1 Dwelling Unit per Acre.

• Proposed use acts as a detrimental intrusion into an existing residential area.

BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA 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. (3 in favor; 2 opposed)

BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:

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

April 8, 2008April 8, 2008

BCC PUBLIC HEARINGON

BZA # SE-08-01-008

APPLICANT/APPELLANT: Fernanda Curione

BCC PUBLIC HEARINGON

BZA # SE-08-01-008

APPLICANT/APPELLANT: Fernanda Curione