November 11, 2008November 11, 2008

BCC PUBLIC HEARINGON

BZA #SE-08-05-002, September 4, 2008

APPLICANT/APPELLANT: Christian Haitian Church, Inc.

BCC PUBLIC HEARINGON

BZA #SE-08-05-002, September 4, 2008

APPLICANT/APPELLANT: Christian Haitian Church, Inc.

SPECIAL EXCEPTION SPECIAL EXCEPTION STANDARDS UNDER FLORIDA STANDARDS UNDER FLORIDA

LAWLAW

(1) The applicant for the special exception request has the initial burden of demonstrating that his/her request is consistent with the comprehensive policy plan and meets the criteria for granting the special exception; and

(2) If the applicant carries that initial burden, the burden shifts to those opposing the special exception to show by competent substantial evidence that the request is not consistent with the comprehensive policy plan and does not meet those criteria.

BACKGROUNDBACKGROUND

CASE: SE-08-05-002

APPLICANT: Christian Haitian Church, Inc.

REQUEST: Special Exception to convert single-family residence into a Religious Use Facility and children’s pre-school. A 5,663 sq. ft. addition is proposed to the existing building.

ZONING: R-1 (single-family)

TRACT SIZE: 1-acre

LOCATION: East side of Ring Road, 600 ft. south ofOld Winter-Garden Road

DISTRICT: #6

APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL

• Proposed use: Proposed use: Religious Use Facility - 150 seatsReligious Use Facility - 150 seatsChildren’s pre-school - 40 children Children’s pre-school - 40 children

• Parking:Parking: 53 paved parking spaces53 paved parking spaces

• # of Staff: # of Staff: 4 - for pre-school4 - for pre-school

• Hours of Operation:Hours of Operation: Religious Use FacilityReligious Use Facility Sunday Sunday 9:30 am – 1:00 pm 9:30 am – 1:00 pm

7:30 pm – 9:30 pm7:30 pm – 9:30 pm Wednesday 6:00 pm – 9:30 pmWednesday 6:00 pm – 9:30 pm

Thursday 7:30 pm – 9:30 pmThursday 7:30 pm – 9:30 pmFriday 7:30 pm – 9:30 pmFriday 7:30 pm – 9:30 pm

Children’s Pre-SchoolChildren’s Pre-SchoolMon. – Fri. 8:00 am – 5:00 pmMon. – Fri. 8:00 am – 5:00 pm

• Improvements:Improvements: Building addition of 5,663 sq. ft.Building addition of 5,663 sq. ft.

• Building Sq. Ft.:Building Sq. Ft.: 7,121 gross sq. ft., including addition7,121 gross sq. ft., including addition

ZONING MAP ZONING MAP ZONING MAP ZONING MAP

AERIALAERIAL

Subject

Rin

g R

oad

AERIALAERIAL

SUBJECT

RADIO TRANSMITTER SITE

MT. SINAI MISSIONARY BAPTIST CHURCH

* NO ACCESS FROM RING ROAD*

SFR’S

SFR’S

SFR’S

SFR’S

TRUCK PARKING LOT

RESTAURANT & LIQUOR STORE

SFR’S

Misc. Commercial Uses

Church office

SITE PLANSITE PLAN R

ING

RO

AD

Play Ground

Proposed Addition 5,663 sq. ft.

Existing Residence

Parking

ELEVATIONELEVATION

SITE PHOTOGRAPHSITE PHOTOGRAPH

213 Ring Road

SITE PHOTOGRAPHSSITE PHOTOGRAPHS

Single-family dwelling directly opposite subject site Adjacent residence abutting south side yard

SITE PHOTOGRAPHSSITE PHOTOGRAPHS

Commercial Use – 118 Ring Road

Adjacent homes (3), abutting north side yard

SITE PHOTOGRAPHSITE PHOTOGRAPHSouth ViewSouth View

SUBJECT

SITE PHOTOGRAPHSITE PHOTOGRAPHNorth ViewNorth View

Ring Road

Subject Site

FUTURE LAND USE MAPFUTURE LAND USE MAPLow Density Residential (LDR)Low Density Residential (LDR)

LDR

LDR

LDR

LDR LDRLDR

LDR

SUBJECT

COMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACK

• 2 citizens spoke in favor at BZA hearing2 citizens spoke in favor at BZA hearing• 3 commentaries in opposition3 commentaries in opposition• Resident directly opposite the subject Resident directly opposite the subject

property sent in commentary citing property sent in commentary citing parking concernsparking concerns

• Community meeting on 4/23/08 (2 area Community meeting on 4/23/08 (2 area property owners attended and 2 members property owners attended and 2 members of the church)of the church)

BZA FINDINGS BZA FINDINGS BZA FINDINGS BZA FINDINGS

• Proposed use is not consistent with the pattern of Proposed use is not consistent with the pattern of existing residential development and the County’s existing residential development and the County’s Comprehensive Policy Plan of Low Density Comprehensive Policy Plan of Low Density ResidentialResidential

• Proposed use acts as an intrusion into an existing Proposed use acts as an intrusion into an existing residential area that exhibits a rural characterresidential area that exhibits a rural character

• Proposed use too intense for the site and pProposed use too intense for the site and places a commercial use deeper into the neighborhood

• Additional traffic into the neighborhood

BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION

• Denied the special exception request in that the request did not meet the requirements governing special exceptions as spelled out in Section 38-78, Orange County Code.

(Unanimous)

BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:

Deny the request consistent with the BZA recommendation in that the request does not meet Section 38-78, Special Exception Criteria, Orange County Code

November 11, 2008November 11, 2008

BCC PUBLIC HEARINGON

BZA #SE-08-05-002, September 4, 2008

APPLICANT/APPELLANT: Christian Haitian Church, Inc.

BCC PUBLIC HEARINGON

BZA #SE-08-05-002, September 4, 2008

APPLICANT/APPELLANT: Christian Haitian Church, Inc.

FUTURE LAND USE MAPFUTURE LAND USE MAPAMENDMENT (proposed)AMENDMENT (proposed)

Subject

CONDITIONS IF BCC CONDITIONS IF BCC APPROVES REQUESTAPPROVES REQUEST

1. Development in accordance with site plan dated April 8, 2008 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 be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or to determine if the applicant’s changes require another BZA public hearing;

2. No site work shall be done until the applicant complies with Orange County Environmental Protection Division requirement of a certified boundary survey;

3. Prior to construction, obtain a floodplain permit from Stormwater Management Division;

4. All outdoor lighting shall be in accordance with Chapter 9, OrangeCounty Code;

5. A 6-feet high vinyl fence shall be constructed along the north and south property lines. Additionally, the applicant shall preserve, where possible, all mature trees along the side and rear yard property lines to serveas a natural buffer;

CONDITIONS (Cont.)CONDITIONS (Cont.)

6. Access, drainage, roadway improvements and concurrency management shall be determined by the Public Works Department;

7. There shall be no outdoor sound devices;

8. There shall be no outdoor activities with the exception of the required outdoor play area for the pre-school;

9. All drop-off, pick-up and parking of vehicles associated with the pre-school shall be onsite; and

10. The applicant must obtain permits to convert the residence into a religious use facility prior to occupying the building. The applicant must apply for commercial permitting within three (3) years from the date of Board of Zoning Adjustment approval or the Special Exception approval is null and void.