Apopka commission approves special-exception permit for childcare at Chandler Road with conditions

The Apopka Planning and Zoning Commission on May 13 approved a special‑exception permit allowing a commercial childcare facility at 4410 and 4420 Chandler Road, subject to four conditions including demolition of the existing house, upgrades to on‑site roads to city standards, a required return to the commission for building review, and a prohibition on access to Chandler Road.

The permit lets the owner and applicant pursue a commercial day‑care center on two residentially zoned parcels in the RSF‑1A (residential single‑family estate) district. Planning staff told the commission the parcels total about 5.12 acres and that the Development Review Committee recommended approval under a special‑exception standard in the city’s land development code (identified in the staff presentation as “land development code section 4.2 0.2 point c”).

Staff planning manager Bobby Howe said the special exception allows the commission to attach conditions that would not be possible for an outright permitted use. City Attorney Andrew Hahn explained that capacity and other operational limits are set by state regulations and building and fire codes, not by the zoning approval. Hahn said, “It would depend on the size of the structure and what is left by fire code and building code,” when asked about maximum enrollment.

Applicant Camila Neda told the commission the proposed building would be about 15,000 square feet and that Department of Children and Families standards requiring 35 square feet of indoor space per child would yield a theoretical maximum capacity of 250 children. "The facility will be 15,000 square feet. And by DCF, we have to have 35 square feet indoor per child so we can have a maximum capacity of 250 children," Neda said.

Commissioners and members of the public raised questions about access, traffic and the use of private Chandler Road. Vladimir Simonovsky, the city engineer, said the private portion of Chandler Road serving the existing house appears to be roughly 15 feet wide and not acceptable for a commercial driveway; he recommended legal cross‑access easements and that any new development provide public‑standard access. Owner Richard Chandler confirmed Chandler Road’s length and width during public comment.

Public speakers asked how the special exception would affect future uses of the lots. Planning staff and the chair clarified the permit is for the childcare use only; if the childcare operation ceases, the parcels would revert to residential status unless a new application for a different use were approved. Resident Nancy Brown asked whether a house could later be built on the parcel; staff responded the special exception limits uses to the approved childcare facility unless subsequent approvals change that status.

Commissioner Jason Dooney moved to approve the special exception permit “subject to the exhibits and findings of the staff report” and to add four conditions: demolition of the existing building, on‑site road upgrades to city code, return of the building design to the planning commission for review prior to construction, and no access to Chandler Road. Commissioner Washington seconded. The motion carried and the commission approved the permit; the transcript records at least one opposing vote but does not identify the speaker by name.

The approval allows the applicant to proceed to the development plan stage, where traffic, ingress/egress, detailed site design and building permits will be reviewed against city and state codes. Planning staff said final building capacity will be determined by state licensing and building/fire codes at plan review.