january 8, 2007 bcc public hearing on bza #se-07-11-006, november 1, 2007 applicant: sunrise...

January 8, 2007January 8, 2007

BCC PUBLIC HEARINGON

BZA #SE-07-11-006, November 1, 2007

APPLICANT: Sunrise Landscape Supply, Inc.

APPELLANT: Daniel Tuttle, (Adjacent property owner)


BZA #SE-07-11-006, November 1, 2007



BACKGROUNDBACKGROUND

CASE:CASE: #SE-07-11-006#SE-07-11-006

APPLICANT:APPLICANT: Sunrise Landscape Supply, Inc.Sunrise Landscape Supply, Inc.

REQUEST:REQUEST: Special exception in A-1 zone to operate a landscaper’s Special exception in A-1 zone to operate a landscaper’s supply business to include bulk sales of mulch, sand, supply business to include bulk sales of mulch, sand, trees, gravel, rock, and plantstrees, gravel, rock, and plants

ZONING:ZONING: A-1 (Clarcona Rural Settlement)A-1 (Clarcona Rural Settlement)

TRACT SIZE:TRACT SIZE: 7.2 acres7.2 acres

LOCATION:LOCATION: East side of N. Apopka-Vineland Road, north of East side of N. Apopka-Vineland Road, north of Sawmill Blvd., ½ mile south of Clarcona-Ocoee Rd.Sawmill Blvd., ½ mile south of Clarcona-Ocoee Rd.

DISTRICT:DISTRICT: #2#2

ZONING MAPZONING MAP

AERIALAERIAL

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

• Wholesale and retail sales of mulch, soils, Wholesale and retail sales of mulch, soils, trees and plantstrees and plants

• Hrs. of operation: M-F 7:00 am – 4:30 pm Hrs. of operation: M-F 7:00 am – 4:30 pm and Saturday 7:00 am – 12:00 pmand Saturday 7:00 am – 12:00 pm

• 11 employees11 employees

• Heavy equipment vehicles for pick-ups and Heavy equipment vehicles for pick-ups and drop-offs (bobcats, semi’s, etc)drop-offs (bobcats, semi’s, etc)

SITE PLANSITE PLAN

SITE PHOTOGRAPHSITE PHOTOGRAPH

E. COLONIAL DRIVE E. COLONIAL DRIVE SITESITE

E. COLONIAL DR. SITE E. COLONIAL DR. SITE

STAFF ANALYSIS STAFF ANALYSIS STAFF ANALYSIS STAFF ANALYSIS

• Located in Clarcona Rural Settlement Located in Clarcona Rural Settlement

• Intense use in a rural residential areaIntense use in a rural residential area

• Use is not compatible with surrounding Use is not compatible with surrounding residential usesresidential uses

• Proposed use appears inconsistent with Proposed use appears inconsistent with applicable policies of the Comprehensive applicable policies of the Comprehensive PlanPlan

APPLICABLE CPP APPLICABLE CPP POLICIESPOLICIES

APPLICABLE CPP APPLICABLE CPP POLICIESPOLICIES

• Future Land Use 2.1.8Future Land Use 2.1.8 – “The permitted densities and intensities – “The permitted densities and intensities of land use within the Rural Settlements shall maintain their rural of land use within the Rural Settlements shall maintain their rural character”character”

• Future Land Use 2.1.12Future Land Use 2.1.12 – “Only those commercial and office uses – “Only those commercial and office uses which will support existing residential uses, shall be permitted in which will support existing residential uses, shall be permitted in Rural Settlements. The scale and intensity must be compatible Rural Settlements. The scale and intensity must be compatible with the development pattern of the existing Rural Settlement”with the development pattern of the existing Rural Settlement”

• Future Land Use 2.1.14Future Land Use 2.1.14 – “Neighborhood commercial uses in – “Neighborhood commercial uses in Rural Settlements shall be developed according to the following Rural Settlements shall be developed according to the following criteria:criteria:– These uses shall be located to serve the residents of the rural area and These uses shall be located to serve the residents of the rural area and

not primarily to attract “pass-by” trips, and,not primarily to attract “pass-by” trips, and,– These uses shall contain retail and personal services intended to serve These uses shall contain retail and personal services intended to serve

the immediate population.the immediate population.

BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA FINDINGS

• Request is not injurious to neighborhoodRequest is not injurious to neighborhood

• The facility will serve the community The facility will serve the community residentsresidents

• The request complies with the special The request complies with the special exception criteriaexception criteria

COMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACK

• Community meeting on 10/17/07 (12 Community meeting on 10/17/07 (12 neighborhood residents attended neighborhood residents attended including District #2 BZA Appointee)including District #2 BZA Appointee)

• 5 residents attended public hearing. 3 5 residents attended public hearing. 3 spoke in oppositionspoke in opposition

• Staff received approximately 40 Staff received approximately 40 commentaries in oppositioncommentaries in opposition

BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION

• Approved the special exception request in that Approved the special exception request in that the BZA found it met the requirements the BZA found it met the requirements governing special exceptions as spelled out in governing special exceptions as spelled out in Orange County Code, Section 38-78, and that Orange County Code, Section 38-78, and that the granting of the special exception does not the granting of the special exception does not adversely affect the general public interest; adversely affect the general public interest; said approval is subject to 8 conditionssaid approval is subject to 8 conditions

• 5-1 vote5-1 vote

BZA CONDITIONSBZA CONDITIONS

BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDACTION REQUESTED:

Approve the request with conditions consistent with the BZA’s recommendationApprove the request with conditions consistent with the BZA’s recommendation

OROR

Deny the request in that it does not meet Section 38-78, Special Exception Deny the request in that it does not meet Section 38-78, Special Exception Criteria, Orange County Code as follows:Criteria, Orange County Code as follows:

•Sec. 38-78(4): The proposed use is not similar or compatible with the Sec. 38-78(4): The proposed use is not similar or compatible with the surrounding area surrounding area

•Sec. 38-78(5): The proposed use is not consistent with the pattern of existing Sec. 38-78(5): The proposed use is not consistent with the pattern of existing residential development residential development

•Sec. 38-78(6): The proposed use acts as a detrimental intrusion into an Sec. 38-78(6): The proposed use acts as a detrimental intrusion into an existing residential area existing residential area

•Sec. 38-78(1): The use shall be consistent with the Comprehensive Policy Sec. 38-78(1): The use shall be consistent with the Comprehensive Policy Plan Plan

January 8, 2007January 8, 2007


BZA #SE-07-11-006, November 1, 2007




BZA #SE-07-11-006, November 1, 2007



january 8, 2007 bcc public hearing on bza #se-07-11-006, november 1, 2007 applicant: sunrise...

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