BCC APPEAL PUBLIC HEARING ON BZA #SE- 14-01-003 APPLICANT/APPELLANT: TIMOTHY W. SCHUTZ, P.E.

1. Orange County Zoning Division BCC APPEAL PUBLIC HEARING ONBZA #SE- 14-01-003APPLICANT/APPELLANT: TIMOTHY W. SCHUTZ, P.E. August 19, 2014 (Continued from May 13, 2014)

2. Special Exception Criteria, Section 38-78, Orange County Code 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.

3. Variance Criteria, Sect. 30-43, Orange County Code 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: • 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. • 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. • 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.

4. Variance Criteria, Sect. 30-43 (Con’t) 4. Deprivation of Rights- Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition or purchase of the property with intent to develop in violation of the restrictions of this Chapter shall not constitute grounds for approval. 5. Minimum Possible Variance- The zoning variance approved is the minimum variance that will make possible the reasonable use of the land, building, or structure. 6. Purpose and Intent- Approval of the zoning variance will be in harmony with the purpose and intent of this Chapter and such zoning variance will not be injurious to the neighborhood or otherwise detrimental to public welfare.

5. Background CASE #: SE-14-01-003 APPLICANT: Timothy W. Schutz, P.E. REQUEST: Special Exception and Variances in R-CE zone as follows: 1) Special Exception: To construct a 13,000 sq. ft. religious use facility 2) Variance: To allow unpaved drive aisles and parking spaces in lieu of paved. ZONING: R-CE TRACT SIZE: 1.7 acres LOCATION: North side of Palm Lake Dr., approximately 200 ft. east of S. Apopka Vineland Rd. DISTRICT: #1

6. Zoning Map

7. Aerial

8. Aerial Duke Energy Transmission Easement Applicant’s building Applicant’s parking

9. Proposed Site Plan

10. Conditional Approval Letter from Duke Energy

11. Page 2 of Duke Energy Easement Language (in part) • “Grantor(s)hereby agree that no trees, other than citrus trees, and no buildings, structures, trailers, or obstacles, other than fences, will be located or constructed within the said 170-foot wide right-of-way area by the Grantor(s) herein, and further agree that at no time shall the lands within the said right-of-way area be utilized for vehicular parking.”

12. Site Photograph

13. Site Photograph

14. Site Showing Overhead Easement

15. Ascension Church- Apopka-Vineland Rd. and Conroy Windermere Rd.- grass parking; paved drive aisles

16. Christ Community Church: Adjacent to site; Apopka-Vineland Rd- Entirely paved parking

17. Christ the King Lutheran Church: Apopka-Vineland Rd. and Conroy Windermere Rd.- Entirely paved parking

18. St. Luke’s United Methodist Church: Apopka-Vineland Rd. and Conroy Windermere Rd.- Grassed parking; paved aisles

19. Direction Church: Sand Lake Rd.; Entirely paved parking; Overflow parking is grassed

20. Holy Family Catholic Church: Entirely paved parking

21. Vehicular Access Ascension Church: Direct access to S. Apopka-Vineland Rd.; no access to residential streets St. Luke’s United Methodist Church; Direct access to S. Apopka-Vineland Rd.; no access to residential streets Holy Family Catholic Church; Direct access to S. Apopka-Vineland Rd., no access to residential streets Christ the King Lutheran Church; Direct access to S. Apopka-Vineland Rd.; no access to residential streets

22. Vehicular Access Christ Community Church; Direct access onto S. Apopka-Vineland Rd.; no access to residential streets

23. Vehicular Access Direction Church on Sand Lake Rd.; Direct access onto Sand Lake Rd.; no access onto residential streets

24. Staff Findings and Analysis • Religious use facilities require a special exception in a R-CE zone. • Staff does not support grass driving aisles in urbanized areas. 6 other similar religious use facilities along S. Apopka-Vineland Rd. have paved driving aisles and/or paved parking spaces. • Applicant has provided a “ conditional letter of no objection” from Duke Energy. • This is a special exception and variance request. The special exception criteria (Sec 38-78) and variance criteria (Sec 30-43) apply.

25. Staff Findings and Analysis (Cont.) • Land Use Compatibility: There is an electric substation to the east. A storm water retention area and cemetery are located to the west. A religious use is located to the north and the parcel to the south is vacant. The proposed religious use is compatible with the adjacent land uses. • Duke Energy Easement: This is a private agreement between the property owner and Duke Energy. If this request is approved, the applicant will have to comply with all easement restrictions.

26. Community Feedback at the BZA Hearing • A community meeting was conducted on 1/15/14 at Chain of Lakes Middle School. Approximately 300 residents attended. The majority oppose the request. The neighbor's major concern is introducing a non-residential use into a residential area • February 6, 2014: 224 commentaries in opposition • March 6, 2014: Petition containing 202 signatures in opposition and 199 commentaries in opposition • March 6, 2014: Petition containing 85 signatures in favor and 160 commentaries in favor

27. BZA Findings • Approval of the request would route non-residential traffic through a residential area via Palm Lake Drive. Palm Lake Drive is a residential roadway that connects to Apopka-Vineland Road on the west end and Dr. Phillips Blvd. on the east end. This traffic pattern will detrimentally impact the residential homes on both sides of Palm Lake Dr. Special Exception criteria 38-78 (1) states, “The use shall be consistent with the Comprehensive Plan”. Future Land Use Element 1.4.4 states, The disruption of residential areas by poorly located and designed commercial activities shall be avoided. • The religious uses in the immediate area have paved driving aisles and in some cases paved driving aisles and paved parking spaces. The variance request is not consistent with the parking facilities of the other religious uses in the area and does not meet the variance criteria outlined in Section 30-43, Orange County Code. • The religious uses in the immediate area do not access residential streets. They have direct access onto Sand Lake Rd. and S. Apopka-Vineland Rd.

28. BZA Recommendation • Deny the Special Exception request in that it does not comply with Section 38-78 (3), Orange County Code which says “the use shall not act as a detrimental intrusion into a surrounding area”. • Deny the variance request in that it does not comply with Section 30-43, Orange County Code. Approval of the variance would confer on the applicant a special privilege (unpaved parking) that is denied to other religious uses in the area • Unanimous decision (7-0)

29. BCC Action Requested: Deny the requests consistent with the BZA recommendations of March 6, 2014.

30. Orange County Zoning Division BCC APPEAL PUBLIC HEARING ONBZA #SE- 14-01-003APPLICANT/APPELLANT: TIMOTHY W. SCHUTZ, P.E. August 19, 2014 (Continued from May 13, 2014)

31. Conditions if Approved: • 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. • Development in accordance with site plan dated “Received February 17, 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. • The size of the facility shall be no greater than 9,000 sq. ft. • No off-site parking or parking in the right-of-way. The property owner shall place “Residential Area- No Through Traffic” signs in the Palm Lake dr. right-of-way.

32. Conditions if Approved: • All drive aisles and handicapped parking spaces shall be paved. Grass parking stalls are allowed. • Storm water retention shall be subject to Development Engineering Division approval. • Landscaping outside of the Duke Energy easement shall be in accordance with Chapter 24, Orange County Code. • Outdoor events are prohibited. • No outdoor amplification of sound or music is allowed. • Approval does not constitute approval of septic tank system or well. The septic tanks system and/or well shall comply with all State requirements.

33. Conditions if Approved: • Lighting shall be in accordance with Chapter 9, Orange County Code. • An approved Capacity Encumbrance Letter is required prior to obtaining a building permit. • The applicant will be required to obtain a building permit within 2 years or this approval becomes null and void. • Access to the property shall be limited to a left turn in only and a right turn out only on Palm Lake Drive. • Failure to comply with the above conditions will result in code enforcement action.