November 11, 2008 BCC PUBLIC HEARING ON BZA #SE , September 4, 2008 APPLICANT/APPELLANT: Christian Haitian Church, Inc.

SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW (1)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 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

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

ZONING MAP

AERIAL Subject Ring Road

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

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

ELEVATION

SITE PHOTOGRAPH 213 Ring Road

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

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

SITE PHOTOGRAPH South View SUBJECT

SITE PHOTOGRAPH North View Ring Road Subject Site

FUTURE LAND USE MAP Low Density Residential (LDR) LDR SUBJECT

COMMUNITY FEEDBACK 2 citizens spoke in favor at BZA hearing2 citizens spoke in favor at BZA hearing 3 commentaries in opposition3 commentaries in opposition Resident directly opposite the subject property sent in commentary citing parking concernsResident 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)Community meeting on 4/23/08 (2 area property owners attended and 2 members of the church)

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

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)

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

November 11, 2008 BCC PUBLIC HEARING ON BZA #SE , September 4, 2008 APPLICANT/APPELLANT: Christian Haitian Church, Inc.

FUTURE LAND USE MAP AMENDMENT (proposed) Subject

CONDITIONS IF BCC APPROVES REQUEST 1.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; 2.No site work shall be done until the applicant complies with Orange County Environmental Protection Division requirement of a certified boundary survey; 3.Prior to construction, obtain a floodplain permit from Stormwater Management Division; 4.All outdoor lighting shall be in accordance with Chapter 9, Orange County Code; 5.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 serve as a natural buffer;

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.

Mt. Sinai Baptist Church Conditions of Approval

PETITION OF SIGNATURES IN FAVOR * * * * ** * * * * SUBJECT *