BCC APPEAL PUBLIC HEARING ONBCC APPEAL PUBLIC HEARING ONBZA #SE-14-10-064BZA #SE-14-10-064

APPLICANT/APPELLANT: FIRST KOREAN APPLICANT/APPELLANT: FIRST KOREAN PRESBYTERIAN CHURCH OF ORLANDOPRESBYTERIAN CHURCH OF ORLANDO

Orange County Zoning DivisionOrange County Zoning Division

December 16, 2014December 16, 2014

Special Exception CriteriaSpecial Exception Criteria

1. The use shall be consistent with the Comprehensive Plan.2. The use shall be similar and compatible with the surrounding area and

shall be consistent with the pattern of surrounding development.3. The use shall not act as a detrimental intrusion into a surrounding area.4. The use shall meet the performance standards of the district in which the

use is permitted.5. The use shall be similar in noise, vibration, dust, odor, glare, heat

producing and other characteristics that are associated with the majority of uses currently permitted in the zoning district.

6. Landscape buffer yards shall be in accordance with Section 24-5, Orange County Code. Buffer yard types shall track the district in which the use is permitted.

Section 38-78, Orange County Code Section 38-78, Orange County Code

CASE #:CASE #: SE-14-10-064SE-14-10-064

APPLICANT:APPLICANT: First Korean Presbyterian Church of OrlandoFirst Korean Presbyterian Church of Orlando

REQUEST:REQUEST: Special Exception and Variance in R-1 zone to expand existing religious use Special Exception and Variance in R-1 zone to expand existing religious use facility as follows:facility as follows:

1) Special Exception: To construct a 70 ft. x 85 ft. (5,950 sq. ft.) multipurpose 1) Special Exception: To construct a 70 ft. x 85 ft. (5,950 sq. ft.) multipurpose building north of the existing sanctuarybuilding north of the existing sanctuary

2) Special Exception: To add an outdoor playground west of the existing 2) Special Exception: To add an outdoor playground west of the existing sanctuarysanctuary

3) Variance: To install grassed parking in lieu of paved3) Variance: To install grassed parking in lieu of paved

ZONING:ZONING: R-1R-1

TRACT SIZE:TRACT SIZE: 4 acres4 acres

LOCATION:LOCATION: Northwest corner of Lake Rose Ct. and Mileham Dr., south of Old Winter Northwest corner of Lake Rose Ct. and Mileham Dr., south of Old Winter Garden Rd.Garden Rd.

DISTRICT:DISTRICT: #1#1

BackgroundBackground

Zoning MapZoning Map

AerialAerial

AerialAerial

Project Data Project Data Existing Use: Religious Sanctuary

Proposed Use: Adding a 70 ft. x 85 ft.(5,950 sq.ft.) multi-purpose bldg.

Proposed Height: 30 ft.

17 additional grassed parking spaces

Multi-purpose bldg. to have stucco on all 4 sides

No increase in membership

Small outdoor playground proposed on west side of sanctuary

Site PlanSite Plan

Landscape PlanLandscape Plan

Elevation PlanElevation Plan

Elevation PlanElevation Plan

Elevation PlanElevation Plan

Floor PlanFloor Plan

Site PhotographSite Photograph

Site PhotographSite Photograph

Proposed multipurpose bldg.

Site PhotographSite Photograph

Proposed multipurpose bldg.

Site PhotographSite Photograph

Proposed multipurpose bldg.

Existing storage yard

Staff Findings and Analysis Staff Findings and Analysis

Proposed building represents infill development between the commercial storage yard to the north and the sanctuary to the south

Proposed accessory use is common for religious institutions

Proposed use does not increase the church membership(currently 110 seats)

Community FeedbackCommunity Feedback

3 residents spoke in opposition at the BZA 3 residents spoke in opposition at the BZA public hearingpublic hearing

3 commentaries received in favor 3 commentaries received in favor 7 commentaries received in opposition7 commentaries received in opposition November 12, 2014: Community Meeting November 12, 2014: Community Meeting

held with District #1 Commissioner, held with District #1 Commissioner, neighbors and staffneighbors and staff

BZA RecommendationBZA Recommendation

Motion to approve failed by a tie vote (vote 3-3).

BZA was split on the following:BZA was split on the following: Some agreed this was infill developmentSome agreed this was infill development Some opined this adversely impacted the Some opined this adversely impacted the

neighbors and caused a non-residential neighbors and caused a non-residential intrusion into a residential neighborhoodintrusion into a residential neighborhood

Staff Conditions if Approved Staff Conditions if Approved 1. Development in accordance with site plan dated August 13, 2014 and all other applicable

regulations. Any deviations, changes or modifications to the plan are subject to the Zoning Manager’s approval. The Zoning Manager may require the changes to be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or determine if the applicant’s changes require another BZA public hearing.

2. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.002, the applicant shall obtain all other applicable state or federal permits before commencement of development.

3. The new parking spaces may be grassed. The new driving aisles and any new handicapped spaces shall be paved.

4. The multipurpose building shall be stucco and painted an earth-tone color on all 4 sides.

Staff Conditions if Approved Staff Conditions if Approved 5. Construction plans shall be submitted within 2 years of Orange County

approval or this approval becomes null and void.

6. The multi-purpose building is for the sole use of the church and its members and guests. No organized sports events are permitted.

7. Approval is for a multi-purpose building for the church and its members. No school is permitted unless approved by the special exception process.

8. All lighting shall be directed downwards and shall have shielding fixtures.

9. Landscaping adjacent to the multi-purpose building and along Lake Rose Drive shall be installed in accordance with Chapter 24, Orange County.

Requested ActionRequested Action

Uphold BZA’s de facto denial or approve the Special Exception subject to the nine (9) conditions in the staff report.

VARIANCE CRITERIA

Section 30-43 of the Orange County Code Stipulates specific standards for the approval of variances. No application for zoning variance shall be approved unless the Board of Zoning Adjustment finds that all of the following standards are met:

1. Special Conditions and Circumstances- Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed zoning variance.

2. Not Self-Created- The special conditions and circumstances do not result from the actions of the applicant. A self-created hardship shall not justify a zoning variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief.

3. No Special Privileges Conferred- Approval of the zoning variance requested will not confer on the applicant any special privilege that is denied by the Chapter to other lands, buildings, or structures in the same zoning district.

Variance Criteria, Sect. 30-43, Orange County Code