January 8, 2007 BCC PUBLIC HEARING ON BZA #SE , November 1, 2007 APPLICANT: Sunrise Landscape Supply, Inc. APPELLANT: Daniel Tuttle, (Adjacent property owner)

BACKGROUND CASE:#SE APPLICANT:Sunrise Landscape Supply, Inc. REQUEST:Special exception in A-1 zone to operate a landscaper’s supply business to include bulk sales of mulch, sand, trees, gravel, rock, and plants ZONING:A-1 (Clarcona Rural Settlement) TRACT SIZE:7.2 acres LOCATION:East side of N. Apopka-Vineland Road, north of Sawmill Blvd., ½ mile south of Clarcona-Ocoee Rd. DISTRICT:#2

ZONING MAP

AERIAL

APPLICANT’S PROPOSAL Wholesale and retail sales of mulch, soils, trees and plantsWholesale and retail sales of mulch, soils, trees and plants Hrs. of operation: M-F 7:00 am – 4:30 pm and Saturday 7:00 am – 12:00 pmHrs. of operation: M-F 7:00 am – 4:30 pm and Saturday 7:00 am – 12:00 pm 11 employees11 employees Heavy equipment vehicles for pick-ups and drop-offs (bobcats, semi’s, etc)Heavy equipment vehicles for pick-ups and drop-offs (bobcats, semi’s, etc)

SITE PLAN

SITE PHOTOGRAPH

E. COLONIAL DRIVE SITE

E. COLONIAL DR. SITE

STAFF ANALYSIS Located in Clarcona Rural SettlementLocated in Clarcona Rural Settlement Intense use in a rural residential areaIntense use in a rural residential area Use is not compatible with surrounding residential usesUse is not compatible with surrounding residential uses Proposed use appears inconsistent with applicable policies of the Comprehensive PlanProposed use appears inconsistent with applicable policies of the Comprehensive Plan

CPP LETTER FROM PLANNING DIVISION

APPLICABLE CPP POLICIES Future Land Use – “The permitted densities and intensities of land use within the Rural Settlements shall maintain their rural character”Future Land Use – “The permitted densities and intensities of land use within the Rural Settlements shall maintain their rural character” Future Land Use – “Only those commercial and office uses which will support existing residential uses, shall be permitted in Rural Settlements. The scale and intensity must be compatible with the development pattern of the existing Rural Settlement”Future Land Use – “Only those commercial and office uses which will support existing residential uses, shall be permitted in Rural Settlements. The scale and intensity must be compatible with the development pattern of the existing Rural Settlement” Future Land Use – “Neighborhood commercial uses in Rural Settlements shall be developed according to the following criteria:Future Land Use – “Neighborhood commercial uses in Rural Settlements shall be developed according to the following criteria: –These uses shall be located to serve the residents of the rural area and not primarily to attract “pass-by” trips, and, –These uses shall contain retail and personal services intended to serve the immediate population.

BZA FINDINGS Request is not injurious to neighborhoodRequest is not injurious to neighborhood The facility will serve the community residentsThe facility will serve the community residents The request complies with the special exception criteriaThe request complies with the special exception criteria

COMMUNITY FEEDBACK Community meeting on 10/17/07 (12 neighborhood residents attended including District #2 BZA Appointee)Community meeting on 10/17/07 (12 neighborhood residents attended including District #2 BZA Appointee) 5 residents attended public hearing. 3 spoke in opposition5 residents attended public hearing. 3 spoke in opposition Staff received approximately 40 commentaries in oppositionStaff received approximately 40 commentaries in opposition

BZA RECOMMENDATION Approved the special exception request in that the BZA found it met the requirements governing special exceptions as spelled out in Orange County Code, Section 38-78, and that the granting of the special exception does not adversely affect the general public interest; said approval is subject to 8 conditionsApproved the special exception request in that the BZA found it met the requirements governing special exceptions as spelled out in Orange County Code, Section 38-78, and that the granting of the special exception does not adversely affect the general public interest; said approval is subject to 8 conditions 5-1 vote5-1 vote

BZA CONDITIONS

BCC ACTION REQUESTED ACTION REQUESTED: Approve the request with conditions consistent with the BZA’s recommendation OR Deny the request in that it does not meet Section 38-78, Special Exception Criteria, Orange County Code as follows: Sec (4): The proposed use is not similar or compatible with the surrounding areaSec (4): The proposed use is not similar or compatible with the surrounding area Sec (5): The proposed use is not consistent with the pattern of existing residential developmentSec (5): The proposed use is not consistent with the pattern of existing residential development Sec (6): The proposed use acts as a detrimental intrusion into an existing residential areaSec (6): The proposed use acts as a detrimental intrusion into an existing residential area Sec (1): The use shall be consistent with the Comprehensive Policy PlanSec (1): The use shall be consistent with the Comprehensive Policy Plan

January 8, 2007 BCC PUBLIC HEARING ON BZA #SE , November 1, 2007 APPLICANT: Sunrise Landscape Supply, Inc. APPELLANT: Daniel Tuttle, (Adjacent property owner)