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November 11, 2008

BCC PUBLIC HEARING ON BZA #SE-08-05-002, September 4, 2008 APPLICANT/APPELLANT: Christian Haitian Church, Inc. November 11, 2008. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW.

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November 11, 2008

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  1. BCC PUBLIC HEARINGONBZA #SE-08-05-002, September 4, 2008APPLICANT/APPELLANT: Christian Haitian Church, Inc. November 11, 2008

  2. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW • 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.

  3. BACKGROUND 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 of Old Winter-Garden Road DISTRICT: #6

  4. APPLICANT’S PROPOSAL • Proposed use: Religious Use Facility - 150 seats Children’s pre-school - 40 children • Parking: 53 paved parking spaces • # of Staff: 4 - for pre-school • Hours of Operation: Religious Use Facility Sunday 9:30 am – 1:00 pm 7:30 pm – 9:30 pm Wednesday 6:00 pm – 9:30 pm Thursday 7:30 pm – 9:30 pm Friday 7:30 pm – 9:30 pmChildren’s Pre-School Mon. – Fri. 8:00 am – 5:00 pm • Improvements: Building addition of 5,663 sq. ft. • Building Sq. Ft.: 7,121 gross sq. ft., including addition

  5. ZONING MAP

  6. AERIAL Subject Ring Road

  7. AERIAL MT. SINAI MISSIONARY BAPTIST CHURCH * NO ACCESS FROM RING ROAD* RADIO TRANSMITTER SITE SUBJECT SFR’S TRUCK PARKING LOT Church office RESTAURANT & LIQUOR STORE SFR’S SFR’S SFR’S SFR’S Misc. Commercial Uses

  8. SITE PLAN Proposed Addition 5,663 sq. ft. RING ROAD Play Ground Existing Residence Parking

  9. ELEVATION

  10. SITE PHOTOGRAPH 213 Ring Road

  11. SITE PHOTOGRAPHS Adjacent residence abutting south side yard Single-family dwelling directly opposite subject site

  12. SITE PHOTOGRAPHS Adjacent homes (3), abutting north side yard Commercial Use – 118 Ring Road

  13. SITE PHOTOGRAPHSouth View SUBJECT

  14. SITE PHOTOGRAPHNorth View Subject Site Ring Road

  15. FUTURE LAND USE MAPLow Density Residential (LDR) SUBJECT LDR LDR LDR LDR LDR LDR LDR

  16. COMMUNITY FEEDBACK • 2 citizens spoke in favor at BZA hearing • 3 commentaries in opposition • Resident directly opposite the subject property sent in commentary citing parking concerns • Community meeting on 4/23/08 (2 area property owners attended and 2 members of the church)

  17. BZA FINDINGS • Proposed use is not consistent with the pattern of existing residential development and the County’s Comprehensive Policy Plan of Low Density Residential • Proposed use acts as an intrusion into an existing residential area that exhibits a rural character • Proposed use too intense for the site and places a commercial use deeper into the neighborhood • Additional traffic into the neighborhood

  18. BZA 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)

  19. BCC 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

  20. BCC PUBLIC HEARINGONBZA #SE-08-05-002, September 4, 2008APPLICANT/APPELLANT: Christian Haitian Church, Inc. November 11, 2008

  21. FUTURE LAND USE MAPAMENDMENT (proposed) Subject

  22. CONDITIONS IF BCC APPROVES REQUEST • 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; • No site work shall be done until the applicant complies with Orange County Environmental Protection Division requirement of a certified boundary survey; • Prior to construction, obtain a floodplain permit from Stormwater Management Division; • All outdoor lighting shall be in accordance with Chapter 9, OrangeCounty Code; • 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;

  23. 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.

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