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The City's Information Officer told The Daily City that Zoning and land use reviews are separate from the City of Orlando code regarding Sex Offender Registry requirements. She said, "In 2013, we worked with our residents to create a local sex offender residency restriction ordinance that that goes above and beyond what the state requires to protect our children."
Sec. 43.94. - Residency restrictions for sex offenders.
- A person who has been convicted of a violation of sections 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,500 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,500 feet of his or her residence. This subsection applies to any person convicted of such a violation for offenses that occur on or after October 1, 2004, except for persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to section 943.04354, Florida Statutes.
- A person who has been convicted in a jurisdiction other than Florida of an offense that is similar to a violation of sections 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,500 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,500 feet of his or her residence. This subsection applies to any person convicted of such a violation for offenses that occur on or after May 26, 2010, except for persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to section 943.04354, Florida Statutes.
Prosperitas needs the property re-zoned to Public Recreational and Institutional future land use designation so their school can take over the building there. In January 6, 2017 the building was sold for $1,050,000.00 by Wharton Investment Group LTD to Xihe Holdings LLC. The building itself has minimal windows, no green space nearby and warehouse-type doors and windows. It is zoned Industrial and surrounded by an auto parts business, warehouses, office buildings and parking lots.
Schools are typically not compatible with industrial uses according to the Municipal Planning Board. However, they recommended approval of the re-zoning request for the following reasons:
Prosperitas Leadership Academy (PLA) has no website and currently serves 200 students who are either at risk for dropping out, or have dropped out and returned. The applicant stated that these students have many barriers to their success often including but not limited to incarceration, extreme poverty, learning disabilities, language as well as behav- ioral considerations. A large population of the students are also parents and must provide financial and parenting support for their own families.
Schools are typically not compatible with industrial uses according to the Municipal Planning Board. However, they recommended approval of the re-zoning request for the following reasons:
- The site faces a primary street that provides good access from nearby residential areas
- This school is high-school level, and will not have younger grades, so there is less concern about young children walking near areas with truck traffic.
- The neighborhood has pockets of single family homes as well as a church
- The Board feels this school project has the potential to become a catalyst for other sites to be redeveloped, thus reducing industrial impacts to the area and supporting investment in community-serving uses.
Next Steps:
- Municipal Planning Board minutes scheduled for review and approval by City Councl
- Forward to City Attorney’s Office for legal review
- 1st reading of the Ordinance
- 2nd reading of the Ordinance.
- GMP package sent to the Florida Department of Economic Opportunity (DEO) for review.
- CUP application is effective once the GMP is effective
- Appearance review if applicable
- Building permits
In January 6, 2017 it was sold by Wharton Investment Group LTD to Xihe Holdings LLC.
