august 25, 2009 bcc called public hearing on bza #se-09-07-004, july 2, 2009 applicant: jose a....

August 25, 2009August 25, 2009

BCC CALLED PUBLIC HEARINGon

BZA #SE-09-07-004, July 2, 2009

APPLICANT: Jose A. Casanova, Jr.

BCC CALLED PUBLIC HEARINGon

BZA #SE-09-07-004, July 2, 2009

APPLICANT: Jose A. Casanova, Jr.

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.

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

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

BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND

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

• Child Day Care FacilityChild Day Care Facility

• Number of Clients: 100 maximumNumber of Clients: 100 maximum

• Ages: 6 weeks - 5 yearsAges: 6 weeks - 5 years

• Hours of Operation: M-F 6:00 am – 6:00 pm Hours of Operation: M-F 6:00 am – 6:00 pm

• Staff: 8 to 10 Staff: 8 to 10

• Variance for 20 unpaved parking spacesVariance for 20 unpaved parking spaces

ZONING MAPZONING MAP

FUTURE LAND USE MAPFUTURE LAND USE MAP

= RURAL

City of Orlando

City of Orlando

P-D Ward Property

P-D Ginn Property

P-D

Bog

gy C

reek

En

clave

AERIALAERIAL

6607 Whispering Pines Road

SUBJECT

HA

PPY L

AN

E.

BETH RD.

BIC

KY R

D.

WHISPERING PINES RD.Unopened ROW(Whispering Pines Rd.)

Unop

ened

RO

W(S

eth

Rd

.)

AERIALAERIAL

SUBJECT

BO

GG

Y C

REEK

RD

.

SITE PLAN SUBMITTED FOR SITE PLAN SUBMITTED FOR BZA HEARINGBZA HEARING

Proposed Unpaved Parking

House

Playground

REVISED SITE PLAN SUBMITTED REVISED SITE PLAN SUBMITTED

FOR BCC HEARINGFOR BCC HEARING

HOUSE

Whispering Pines Road

PROPOSED DRIVEWAYS

Bic

ky R

oad

PLAYGROUND

SITE PHOTOGRAPHSITE PHOTOGRAPH

6607 WHISPERING PINES ROADBUILT: 2004

SITE PHOTOGRAPH SITE PHOTOGRAPH REAR VIEW OF RESIDENCEREAR VIEW OF RESIDENCE

6607 WHISPERING PINES ROAD

SITE PHOTOGRAPHSITE PHOTOGRAPH

Play Area

Proposed Day Care Center

Whispering Pines Rd.

Bicky Road

BICKY ROADBICKY ROADLOOKING NORTHLOOKING NORTH

Subject

Bicky Road

STREETSCAPESTREETSCAPE

SUBJECT

Whispering Pines Road – Looking West

Whispering Pines Road – Looking East

AREA HOMESAREA HOMES

BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA 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

COMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY 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.

BZA REQUESTSBZA REQUESTS

3

21

5 6 7

8 9

10 11 12

14

13

4

Subject

1. SPEX - Family Lot Provision

2. VAR - Reduced Setback3. VAR - Reduced Setback4. SPEX - Baseball Field

(DENIED)5. SPEX - Mobile Home for parent6. SPEX - Det. Accessory

Dwelling Unit (ADU)

7. SPEX - Det. Accessory

Dwelling Unit8. VAR - Trailer for Office

Use 9. SPEX - Exceed number of

horses per acre

10. VAR - Additional Mobile Home

for living purposes

11. VAR - Height & Bldg. Size12. SPEX - Detached ADU13. SPEX - Remote Car Racetrack

(DENIED)14. SPEX - Raise & breed

horses for commercial purposes, and exceed number of horses per acre

LICENSED CHILD CARE FACILITIES LICENSED CHILD CARE FACILITIES 5 MILE RADIUS5 MILE RADIUS

*LICENSED CHILD CARE PROVIDERS

WITHIN A 5-MILE RADIUS OF SUBJECT

SITE = 33 (EXCLUDING ABOVE)

B.

C.

D.

E.

F.G.

H.

subject

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.

Motion - Unanimous

BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC 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

August 25, 2009August 25, 2009

BCC CALLED PUBLIC HEARINGon

BZA #SE-09-07-004, July 2, 2009

APPLICANT: Jose A. Casanova, Jr.

BCC CALLED PUBLIC HEARINGon

BZA #SE-09-07-004, July 2, 2009

APPLICANT: Jose A. Casanova, Jr.