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BCC PUBLIC HEARING ON BZA #SE-08-12-011, 12/4/08 APPLICANT/APPELLANT: ST. SOPHIA RUSSIAN ORTHODOX CHURCH. August 4, 2009. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW.
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BCC PUBLIC HEARINGONBZA #SE-08-12-011, 12/4/08APPLICANT/APPELLANT: ST. SOPHIA RUSSIAN ORTHODOX CHURCH August 4, 2009
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: SE-08-12-011 APPLICANT: St. Sophia Russian Orthodox Church REQUEST: Convert single family residence into religious institution and Variance to allow unpaved parking in lieu of paved ZONING: A-1 (Agricultural) CPP FLUM: RS- Avalon Rural Settlement – l DU/Acre TRACT SIZE: 2 acres LOCATION: Northwest corner Avalon Road and Alps Street DISTRICT: #1
ZONING MAP Red Bird Rd. Avalon Rd. Alps St.
AVALON RURAL SETTLEMENT HORIZON WEST Subject Property LAKE AVALON RS CHURCH
AERIAL Red Bird Rd. AvalonRd. St. Sophia Church St. Sophia Church Alps St. Avalon Rd.
PHOTOGRAPH: Alps Street looking west Proposed religious institution
STAFF ANALYSIS • Code Enforcement: Cited for: “Building, structure, or land use erected or used without obtaining building permit(s) and/or land use permit”. • Applicant’s Proposal: Relocate congregation from leased facility in Kissimmee. Convert one-story residence to religious institution, total 2,170 sq. ft. (1,282 sq. ft. for assembly, and 888 sq. ft. for caretaker, as per floor plan). • Applicant’s Proposed Property Improvements: a) Graveled parking lot with 8 parking spaces (using existing access to Alps St.) b) 10-foot high rooftop dome addition. • Applicant’s Proposed Operation/Activities: a) Regular Services: Saturdays 7 - 9 PM (10-15 people); Sundays 9 AM – 2 PM (15-20 people). b) Great Church Holidays (Easter & Christmas) up to 100 people. c) Outdoor social activities (picnics).
PUBLIC FEEDBACK • Community Meeting: 12 neighboring attendees from homes west of Avalon Road. Primary concerns expressed: a) Incompatibility with Avalon RS provisions establishing single family homes on large rural lots. b) Traffic and noise disturbance during high volume holiday services. c) Potential future membership growth resulting in similar disruption to residents. • BZA Public Hearing: Three neighboring residents spoke in opposition with same concerns. Confirmed commentaries/letters received, some in favor, more in opposition.
BZA FINDINGS • Site is oriented internal to residential neighborhood (access on Alps Street) and not a major roadway. • Site is too small to accommodate larger gatherings. Regulations cannot control more people wanting to join in membership. • The proposed use is inconsistent with the Comprehensive Policy Plan policies regarding Rural Settlements.
BZA RECOMMENDATION Recommended denial of the Special Exception request in that the Board finds it did not meet the requirements governing Special Exceptions as spelled out in Orange County Code, Sec. 38-78, and that the granting of the Special Exception adversely affects the general public interest, as follows: 1) It is not similar and compatible with the surrounding area, nor is it consistent with the pattern of the surrounding residential development. 2) The use constitutes a detrimental intrusion into the surrounding residential development. 3) The use is not 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; 4) The request is inconsistent with the Future Land Use Element of the Comprehensive Policy Plan as follows: (next slide)
BZA RECOMMENDATION (Note: The policies have been paraphrased for brevity): Policy 2.4.5: Land use intensities within the Lake Avalon Rural Settlement shall maintain the rural character of the Lake Avalon area as designated on the Future Land Use Map (1 DU/1-5 Acres of land area). Policy 2.1.9: Land use intensities in a Rural Settlement shall maintain rural character by achieving compatibility with existing land uses. Policy 2.1.14: Non-residential uses in a Rural Settlement shall be located to serve the residents of the rural area and are intended to serve the immediate population. Policy 3.2.25: Location and development criteria to guide the location of urban land uses must be consistent with the Future Land Use Map. Land use changes are required to be compatible with the existing development trend of the area. AND Recommended denial of the Variance request in that there was no unnecessary hardship shown on the land; and further, it did not meet the requirements governing variances as spelled out in Orange County Code, Section 30-43. (unanimous)
BCC ACTION REQUESTED ACTION REQUESTED: Approvethe Special Exception and Variance requests with conditions OR Deny the request consistent with the recommendation of the Board of Zoning Adjustment, in that the request does not meet Section 38-78, Special Exception Criteria, Orange County Code
BCC PUBLIC HEARINGONBZA #SE-08-12-011, 12/4/08APPLICANT/APPELLANT: ST. SOPHIA RUSSIAN ORTHODOX CHURCH August 4, 2009
CONDITIONS • This approval is only for a religious institution. This approval is not for a school, a day care facility, or any other nonresidential use. • Religious services limited to Sundays 9:00 AM – 2:00 PM, Saturdays 9:00 AM – 2:00 PM and 7:00 PM – 9:00 PM, and six church holidays inclusive of Easter and Christmas. Attendance is limited to 15 people on Saturdays, evening hours. Attendance is limited to 25 people on Sundays and Saturdays from 9:00 AM – 2:00 PM and for church holidays other than Easter and Christmas. Per the applicant, religious services for any particular weekend during the hours of 9:00 AM to 2:00 PM will occur either on Saturday or Sunday, but not on both days. 3) Great Church Holidays (Easter and Christmas) limited to one day per year per holiday. Attendance is limited to 100 people for those two days per year. Outdoor events (e.g. church picnics) limited to six days per year, daylight hours only, commencing no earlier than 9:00 AM, with attendance limited to 50 people excepting for Great Holidays at 100 people.
CONDITIONS (continued) • No music, PA system, or sound amplifications are permitted outdoors. • Area (“Area”) for overflow parking for Great Church Holidays and outdoor events is restricted to the northwesterly quadrant of the property east and north of the building as drawn on the Site Plan, as modified by the Board of County Commissioners (“Modified Site Plan”). The Area does not include a 25-foot wide landscape buffer adjacent to the Area along the north property line. The Area shall be delineated on the west by extending the existing chain link fencing from the north property line south to the northern-most portion of the building. There will be no lighting facilities in the Area. • A 22-ft. wide asphalt driveway shall be installed leading from the existing asphalt driveway shown on the Modified Site Plan to the Area. The parking spaces in the Area shall be grassed.
CONDITIONS (continued) • Vehicles associated with this religious institution shall not be parked along any street or within the County rights-of-way. • Outdoor lighting is limited to one light pole in the gravel parking lot shown on the Modified Site Plan and/or that which may be required for safety purposes per Orange County Code. • Within the gravel parking lot, all handicapped parking facilities shall be paved, and all adjacent parking spaces must be marked with wheel stops or railroad ties. The width of the asphalt driveway shall in increased from 12 ft. to 22 ft. in width, consistent with County Parking Standards. 10) Building shall not exceed 35 ft. in height. Dome shown on the proposed elevation plan is not approved. The building’s exterior colors and façade shall remain the same; however, any change to exterior colors or façade shall be compatible with homes in the neighborhood.
CONDITIONS (continued) • Landscape buffering is required along the south property boundary and within the north 25-foot landscape buffer referenced in Condition #5 above. These landscape buffers shall comply with Chapter 24, Orange County Code. • The applicant shall submit construction plans through the commercial permitting process within six (6) months from the date of Special Exception/Variance approval or said approval is null and void. No occupancy for uses approved under this Special Exception approval is allowed until a Certificate of Occupancy is issued. • Development shall be in accordance with the Modified Site Plan, excepting the conditions set forth herein shall supersede the Modified Site Plan in the event of conflict, and with all other applicable rules/regulations. Any proposed deviations, changes, or modifications to the Modified Site Plan or the conditions are subject to the Zoning Manager’s approval, who may require another public hearing be held.
BCC PUBLIC HEARINGONBZA #SE-08-12-011, 12/4/08APPLICANT/APPELLANT: ST. SOPHIA RUSSIAN ORTHODOX CHURCH August 4, 2009