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BCC PUBLIC HEARING ON BZA #SE-09-06-002, June 4, 2009 APPLICANT/APPELLANT: PRESBYTERIAN CHURCH OF THE LAKES (Continued from August 4, 2009). SEPTEMBER 22, 2009. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW.
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BCC PUBLIC HEARINGONBZA #SE-09-06-002, June 4, 2009APPLICANT/APPELLANT: PRESBYTERIAN CHURCH OF THE LAKES(Continued from August 4, 2009) SEPTEMBER 22, 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-09-06-002 APPLICANT: Presbyterian Church of the Lakes REQUEST: Special exception in RLD zone to construct fellowship hall (10,736 sq. ft.) at existing religious use facility ZONING: RLD TRACT SIZE: 4.75 acres LOCATION: Southwest corner of Conroy-Windermere Rd. and Lincoln Ave., east of S. Apopka-Vineland Rd. DISTRICT: #1
ORIGINAL FELLOWSHIP HALL APPROVAL- 1991 Requested 8056 Sq. Ft. fellowship hall N
STAFF ANALYSIS • 6/4/81- Religious use originally approved • Sanctuary constructed in 1983 • 10/3/91- Expansion plans approved; includes 8056 sq. ft. fellowship hall • Proposed fellowship hall is 10,736 sq. ft. • Special exception is required because proposed fellowship hall is almost 3000 sq. ft. greater in size than originally approved
PROPOSED SITE PLAN ENTRANCES
PROPOSED ELEVATION Side facing Lincoln Ave.
SITE PHOTOGRAPH Existing sanctuary Lincoln Ave. Conroy-Windermere Rd.
SITE PHOTOGRAPH Proposed fellowship hall Entrance Lincoln Ave.
SITE PHOTOGRAPH ENTRANCES Homes Proposed fellowship hall
SITE PHOTOGRAPH Proposed fellowship hall
SITE PHOTOGRAPH Lincoln Ave. Second entrance
SITE PHOTOGRAPH Entrances Lincoln Ave.
SITE PHOTOGRAPH Proposed dumpster location
NEIGHBORS CONCERNS • The proposed building is too large • Unauthorized use of the site after hours • The fellowship hall is used by other religious groups • The fellowship hall will be used for weddings/receptions • Use of the building by the church and other groups increases the noise impacts to the neighbors to the east • Location of the dumpster
BZA FINDINGS • The request is reasonable with conditions • The conditions represent a compromise between the adjacent neighbors and the applicant • Restricted access to facility afterhours via gates • Limited late night activities to protect neighbors privacy • Proposed dumpster location is best location • The conditions do no impose any undue hardship on the applicant
COMMUNITY FEEDBACK • Community meeting held on 5/26/09; 12 attendees • Staff received 1 commentary in favor and 3 in opposition
BZA RECOMMENDATION • Approved the special exception request in that the BZA found it met the requirements governing special exceptions as spelled out in Orange County Code Section 38-78 and that the granting of the special exception does not adversely affect the general public interest; said approval is subject to the following conditions: (Unanimous vote)
BZA CONDITIONS NOTE: Applicant is appealing Conditions #7 and #9
BCC ACTION REQUESTED ACTION REQUESTED: Approve the request consistent with the BZA’s recommendation of June 4, 2009
BCC PUBLIC HEARINGONBZA #SE-09-06-002, June 4, 2009APPLICANT/APPELLANT: PRESBYTERIAN CHURCH OF THE LAKES(Continued from August 4, 2009) SEPTEMBER 22, 2009
Amended Conditions Delete Condition #7 - The entrances shall be gated and locked when the facility is not in use. Amend Condition #9 to read – Maximum of five (5) outdoor events per year, ending by 10 P.M. New Condition #11 – Landscape buffer along Lincoln Ave., South of Carolina Dr. shall be replanted with new hedges and trees, as determined by the Zoning Manager. New Condition #12 – Install Type D landscape buffer along Lincoln Ave., north from Carolina Dr. to Conroy-Windermere Rd., to include a landscaped entry at the circular driveway, as determined by the Zoning Manager.
BCC PUBLIC HEARINGONBZA #SE-09-06-002, June 4, 2009APPLICANT/APPELLANT: PRESBYTERIAN CHURCH OF THE LAKES(Continued from August 4, 2009) SEPTEMBER 22, 2009