November 18, 2008 BCC Called Public Hearing on BZA #SE-08-09-001, 9/4/08 APPLICANT: Avalon School
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November 18, 2008November 18, 2008
BCC Called Public Hearingon
BZA #SE-08-09-001, 9/4/08
APPLICANT: Avalon School
BCC Called Public Hearingon
BZA #SE-08-09-001, 9/4/08
APPLICANT: Avalon School
SPECIAL EXCEPTION SPECIAL EXCEPTION STANDARDS UNDER FLORIDA STANDARDS UNDER FLORIDA
LAWLAW
(1) 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.
BACKGROUNDBACKGROUND
CASE:CASE: BZA # SE-08-09-001BZA # SE-08-09-001
APPLICANT:APPLICANT: Avalon SchoolAvalon School
REQUEST:REQUEST: Special Exception to expand private school by Special Exception to expand private school by including additional land (2 lots) to be used for including additional land (2 lots) to be used for outdoor recreation outdoor recreation
ZONING:ZONING: R-1R-1
TRACT SIZE:TRACT SIZE: 100’ X 150’ (2 additional lots) 100’ X 150’ (2 additional lots)
LOCATION:LOCATION: East side Davisson Avenue, ¼ mile south of Lee East side Davisson Avenue, ¼ mile south of Lee Road (address: 5013 Davisson Avenue)Road (address: 5013 Davisson Avenue)
DISTRICT:DISTRICT: #5#5
ZONING MAPZONING MAP
Avalon School
Proposed playground
AERIAL: AERIAL: Main school site at Courtland St. and AndrusMain school site at Courtland St. and Andrus
Ave.; Proposed playground to west on Davisson Ave.Ave.; Proposed playground to west on Davisson Ave.
Davisson Ave.
Courtland St.
Andrus Ave.
SITE PLAN SITE PLAN
School
Playground
STAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSISSCHOOL HISTORY (BZA APPROVALS):SCHOOL HISTORY (BZA APPROVALS):
• 19941994: Use existing church facility for private school on 5 lots at : Use existing church facility for private school on 5 lots at northwest corner Courtland Ave. and Andrus Ave., maximum northwest corner Courtland Ave. and Andrus Ave., maximum 51 students. 51 students.
• 19991999: Added 2 lots to north for expanded classrooms, : Added 2 lots to north for expanded classrooms, maximum 99 students.maximum 99 students.
• 20042004: Added additional classroom facility on existing site.: Added additional classroom facility on existing site.
SCHOOL OPERATION:SCHOOL OPERATION:
• ProgramProgram: Remedial academic program for children with : Remedial academic program for children with learning disabilities, grades 1-8.learning disabilities, grades 1-8.
• Student capacityStudent capacity: Current enrollment is 91 students. : Current enrollment is 91 students. • Operational HoursOperational Hours: Monday thru Friday, 8:00 am - 6:30 pm. : Monday thru Friday, 8:00 am - 6:30 pm.
STAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSIS
CURRENT REQUESTCURRENT REQUEST::
1. 1. Add 2 lots for playgroundAdd 2 lots for playground: Location on west side of school property : Location on west side of school property fronting on Davisson Avenue.fronting on Davisson Avenue.
2.2. Activity typesActivity types: kickball, soccer, frisbee, tag, football, swings, tree climb. : kickball, soccer, frisbee, tag, football, swings, tree climb. 3.3. Code EnforcementCode Enforcement: Applicant cited for using playground without BZA : Applicant cited for using playground without BZA
approval.approval.4.4. Site conditionSite condition: Vacant (previous old home demolished); exterior : Vacant (previous old home demolished); exterior
boundaries fenced.boundaries fenced.5.5. Surrounding land usesSurrounding land uses: Single family homes along Davisson Ave.: Single family homes along Davisson Ave.6.6. Community Meeting:Community Meeting: Conducted July 30, 2008. Twenty-one neighboring Conducted July 30, 2008. Twenty-one neighboring
families attended. Concerns cited by area neighbors: General issues families attended. Concerns cited by area neighbors: General issues associated with school operation - traffic, safety, and future expansions. associated with school operation - traffic, safety, and future expansions. Concerns by neighbors close to playground: Hours of operation and Concerns by neighbors close to playground: Hours of operation and appearance of frontage along Davisson Ave. Conditions proposed by staff appearance of frontage along Davisson Ave. Conditions proposed by staff to address issues for recommendation to BZA.to address issues for recommendation to BZA.
PHOTOGRAPH:PHOTOGRAPH:School (former church building) at School (former church building) at
Courtland Ave. and Andrus Ave. Courtland Ave. and Andrus Ave.
Courtland Ave.
PHOTOGRAPH:PHOTOGRAPH:View looking north on Andrus Ave.View looking north on Andrus Ave.
Andrus Ave.
PHOTOGRAPH:PHOTOGRAPH:Interior site view: Playground in background Interior site view: Playground in background
PHOTOGRAPH:PHOTOGRAPH:Playground site frontage along Davisson Ave.Playground site frontage along Davisson Ave.
Davisson Ave.
PHOTOGRAPH:PHOTOGRAPH:East side Davisson Ave.East side Davisson Ave.
Playground
Davisson Ave.
PHOTOGRAPH:PHOTOGRAPH:West side Davisson Ave. across from West side Davisson Ave. across from
Playground SitePlayground Site
Davisson Ave.
BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA FINDINGS
1.1. Received 4 commentaries in favor and 3 in opposition.Received 4 commentaries in favor and 3 in opposition.
2.2. Three area neighbors spoke in opposition at BZA hearing. Three area neighbors spoke in opposition at BZA hearing. Concerns cited: speeding cars, traffic, safety, future Concerns cited: speeding cars, traffic, safety, future expansions by school, school operations in general.expansions by school, school operations in general.
3.3. BZA found the addition of a school playground was an BZA found the addition of a school playground was an appropriate expansion that met the Special Exception criteria. appropriate expansion that met the Special Exception criteria. Made minor modifications to conditions proposed by staff Made minor modifications to conditions proposed by staff addressing noise and student capacity. addressing noise and student capacity.
BZA RECOMMENDATIONBZA RECOMMENDATION
Approved the special exception request in that Approved the special exception request in that the BZA found it met the requirements spelled the BZA found it met the requirements spelled out in Orange County Code, Sections 38-78. out in Orange County Code, Sections 38-78. Said approval was subject to 8 conditions. Said approval was subject to 8 conditions. (unanimous).(unanimous).
BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED
ACTION REQUESTED:ACTION REQUESTED:
Approve the request consistent with the Board Approve the request consistent with the Board of Zoning Adjustment’s recommendation of of Zoning Adjustment’s recommendation of approval with the conditions.approval with the conditions.
BZA CONDITIONSBZA CONDITIONSBZA CONDITIONSBZA CONDITIONS
1.1. Use per BZA site plan and all other applicable rules and regulations. Any deviations, changes, or Use per BZA site plan and all other applicable rules and regulations. Any deviations, changes, or modifications to the plan are subject to the Zoning Manager’s approval. The Zoning Manager may require modifications to the plan are subject to the Zoning Manager’s approval. The Zoning Manager may require the changes be reviewed by the BZA for administrative approval or to determine if the applicant’s changes the changes be reviewed by the BZA for administrative approval or to determine if the applicant’s changes require another public hearing. require another public hearing.
2.2. Apply for Use Permit (playground) and R/W Use Permit for improvements within County right-of-way Apply for Use Permit (playground) and R/W Use Permit for improvements within County right-of-way
along Davisson Avenue, within six months from date of BZA approval or said approval is null and void.along Davisson Avenue, within six months from date of BZA approval or said approval is null and void.
3.3. Playground shall not be lighted. Hours of operation limited to Monday through Friday, 10:00 AM to 3:00 Playground shall not be lighted. Hours of operation limited to Monday through Friday, 10:00 AM to 3:00 PM. Limited to only those students enrolled at Avalon School.PM. Limited to only those students enrolled at Avalon School.
4.4. Approval of this request does not grant the applicant the right to expand student capacity beyond 99 students Approval of this request does not grant the applicant the right to expand student capacity beyond 99 students as approved under 4/1/99 Special Exception approval.as approved under 4/1/99 Special Exception approval.
5.5. Traffic control at Avalon School: Immediately pursuant to Special Exception approval, applicant shall use Traffic control at Avalon School: Immediately pursuant to Special Exception approval, applicant shall use patrols to expedite safe vehicular traffic movement to/from the school during AM arrivals and PM patrols to expedite safe vehicular traffic movement to/from the school during AM arrivals and PM departures. Applicant shall place cones along both sides of Andrus Avenue and Courtland Street each departures. Applicant shall place cones along both sides of Andrus Avenue and Courtland Street each school day during these time frames to avoid vehicular parking in rights-of-way and blocking driveways.school day during these time frames to avoid vehicular parking in rights-of-way and blocking driveways.
(Conditions continued next page)(Conditions continued next page)
BZA CONDITIONSBZA CONDITIONSBZA CONDITIONSBZA CONDITIONS
6.6. Replace existing wood fence with 6-foot high PVC fencing across playground frontage in Replace existing wood fence with 6-foot high PVC fencing across playground frontage in location depicted on site plan. Install and maintain in good repair 6-foot high wooden fencing location depicted on site plan. Install and maintain in good repair 6-foot high wooden fencing along both side parcel boundaries. No gates are permitted within this fencing in order to avoid along both side parcel boundaries. No gates are permitted within this fencing in order to avoid vehicular or pedestrian traffic to the playground and to promote student safety. vehicular or pedestrian traffic to the playground and to promote student safety.
7.7. Applicant shall hire a landscape consultant to prepare a landscape plan in the area between the Applicant shall hire a landscape consultant to prepare a landscape plan in the area between the PVC fencing and the front property line. The plan shall be drawn to scale and include trees, PVC fencing and the front property line. The plan shall be drawn to scale and include trees, ground cover, and shrubbery that create a park-like setting. Remove mailbox and driveway and ground cover, and shrubbery that create a park-like setting. Remove mailbox and driveway and install sod within right-of-way adjacent to Davisson Avenue. Install automatic irrigation system install sod within right-of-way adjacent to Davisson Avenue. Install automatic irrigation system to ensure growth and viability. All existing mature trees in playground and opposite the PVC to ensure growth and viability. All existing mature trees in playground and opposite the PVC fence shall not be removed unless deemed necessary by Orange County Arborists.fence shall not be removed unless deemed necessary by Orange County Arborists.
8.8. No outdoor sound devices shall be used. No outdoor sound devices shall be used.
November 18, 2008November 18, 2008
BCC Called Public Hearingon
BZA #SE-08-09-001, 9/4/08
APPLICANT: Avalon School
BCC Called Public Hearingon
BZA #SE-08-09-001, 9/4/08
APPLICANT: Avalon School
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