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BCC Called Public Hearing on BZA #SE-09-11-005, November 5, 2009 APPLICANT: Christ Centered Christian Church. January 5, 2010. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW.
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BCC Called Public HearingonBZA #SE-09-11-005, November 5, 2009APPLICANT: Christ Centered Christian Church January 5, 2010
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.
BACKGROUND CASE: BZA #SE-09-11-005 APPLICANT: Christ Centered Christian Church REQUEST: Special Exception in R-2 zone to construct a religious use facility (church) and Variances as follows: 1. Provide 40 parking spaces in lieu of 62 spaces; and 2. Allow unpaved parking in lieu of paved ZONING: R-2 TRACT SIZE: 1 acre LOCATION: Northwest corner of 24th Street and Lee Street, east of S. Westmoreland Drive DISTRICT: #6
STAFF ANALYSIS • Site is vacant • Sanctuary to accommodate 185 persons initially and 200 persons in 5 years; • The site requires 62 parking spaces • With future growth to 200 persons, 67 parking spaces are required • Only 40 parking spaces are proposed (120 seats) • BZA reduced the maximum seating capacity to 150 seats • Reduces required parking to 50 spaces • Only 40 spaces are proposed
STAFF RECOMMENDATION • Staff does not support the insufficient parking aspect of the request. • Vacant site can be developed to meet parking standards.
BZA FINDINGS • No objection to the proposed use • Concerns about insufficient parking • Reduced seating capacity of sanctuary to minimize the impacts of insufficient parking
PUBLIC FEEDBACK • Submitted petition containing 6 signatures in favor of request • Received 3 commentaries in favor • Received 1 commentary in opposition
BZA RECOMMENDATION Approved the Special Exception and Variance requests in that the BZA found it met the requirements of Sections 38-78 and 30-43, Orange County code. Said approval is subject to the following conditions: (unanimous)
BCC ACTION REQUESTED Approve the requests consistent with the BZA’s recommendation OR Approve Special Exception for Religious Use Facility, Approve use of unpaved parking, Deny Variance for 40 parking spaces in lieu of 62 parking spaces (Occupancy limited by available parking)
BCC Called Public HearingonBZA #SE-09-11-005, November 5, 2009APPLICANT: Christ Centered Christian Church January 5, 2010