compatible with the surrounding area, show its impact on the infrastructure, and they
have to make sure that the infrastructure there is to support the use. And in order to
define the intensity of the use for schools, they have always required a student
population cap, because depending on the size of the property, depending on the
location of the property and the size of the school, will depend on whether it is an
appropriate use for that specific location.
Commissioner Lockhart inquired as to whether applicants are provided that information
as a part of the process so they are aware of that from the beginning. Ms. Hammock
replied that they usually should be; in this case, she believes it may have been an
oversight because it was an existing school and had been there since the late ‘60s, so
the population cap didn’t come up until unfortunately the P&Z stage of the process.
But they had to be consistent because all of their other schools that require special
exception approval have a student population cap; for example, the Master’s Academy,
Galileo, City Church, One School of the Arts, Orangewood Christian School, Champion
Prep School and the Rock Academy.
Commissioner Dallari questioned how they came up with the 1,200 number and
whether it should be higher. Ms. Hammock explained that Orange County does have a
cap on the student population of 888 and she confirmed that with Orange County staff.
But their cap is based on their parking calculation. Seminole’s parking calculation is
different; it is one per four seats in the auditorium. The 1,200 was requested by the
Applicant and that is based on the auditorium seats, and when staff looks at the
amount of stacking room that they have on the site and the existing improvements on
Aloma, staff does not have any objection to the 1,200.
Vice Chairman Herr said when she was briefed on this last week by staff, she objected
to the cap because they didn’t have a cap before and this County’s rules have
changed. At that point, they were not sure there was an Orange County cap or not.
She now wants to understand how that works. She questioned if the 1,200 was sort of
null and void, because the lowest of the two is 888. She wants to know what the
impact of this is.
Ms. Hammock indicated if they modify their development order for 1,200 and the
School wishes to exceed 888, they would not have to come in and amend Seminole’s
development order, but they would likely be required to go back to Orange County and
amend the development order with them, so they would handle that separately from
this process.
Rebecca Wilson, Lowndes Law Offices, addressed the Board to explain that Orange
County does not adopt special exceptions with a development order. She thinks they
are struggling a little bit with the fact that they have two different systems. So there is
no development order in Orange County; there is a special exception with a site plan
stapled to it. And the backup for approval of that site plan included a parking analysis
that included the current student population at 888, so there is no explicit maximum
number in Orange County. Implicitly, they may say they considered this when they
were doing the parking calculations, on the other hand, that parking is not in Orange
County. But if and when they exceeded that amount and Orange County said
something, then maybe they go back and change that special exception in Orange
County; they just would not have to come back here. And candidly, she has already
