BCC CALLED PUBLIC HEARING ON BZA #SE , DECEMBER 4, 2014 APPLICANT: NORBERTO DUARTE Orange County Zoning Division DATE: March 10, 2015

CASE #:SE APPLICANT: APPLICANT:Norberto Duarte BZA REQUEST:Special Exception in the R-CE zoning district to permit construction of a 31 ft. diameter private heliport for one helicopter for homeowner's personal use only. ZONING:R-CE TRACT SIZE:165 ft. x 206 ft. (1.81 acres) LOCATION:North side of Lake Willis Dr., on the southern shores of Lake Willis, west of Westwood Blvd. DISTRICT:#1 Background

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Project Data  Existing Use: Single Family Residence  Proposed Use:31 ft. Diameter Private Helicopter Landing Pad  Because no FAA permits are required, applicant had previously used property for helicopter for approximately five years  Once applicant was informed that County approval is required, use of the property for helicopter ceased  The helipad is proposed for private use only  No type of commercial activity (e.g., tourist sightseeing, charter flights, etc.) are proposed

Project Data  To the greatest extent possible the applicant intends to limit use of the pad to daylight hours  With the exception of the fuel in the aircraft's tanks there will be no storing of fuel on site  The flight path for approach and take off will be over the lake to and from I-4  General maintenance will be carried out at a service provider’s site away from the subject property

Community Feedback at the BZA Public Hearing  Staff mailed 860 notices within a 1 mile radius  17 total responses (2%) were received  10 opposed  7 in favor  Of those living on or near Lake Willis, 6 opposed, 6 in favor  One resident attended the BZA public hearing to speak in favor, no one appeared in opposition

BZA Findings  The BZA determined the request complied with the Special Exception criteria (Sec , OC Code).  The BZA noted that the lack of opposition present at the hearing indicated the community was not adversely impacted by this request.  The BZA imposed additional restrictions on the total number of flights allowed

BZA Recommendation  Approved Special Exception subject to 13 conditions and found the application complied with Section 38-78, Orange County Code  Unanimous vote (5-0)

BZA Conditions 1. Development in accordance with site plan dated October 15, 2014, and all other applicable regulations, including all Federal Aviation Authority requirements. 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.Pursuant to Section , Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section , the applicant shall obtain all other applicable state or federal permits before commencement of development. 3.Construction plans shall be submitted within 12 months or this approval becomes null and void. 4.Approval of this Special Exception shall not constitute approval of the retaining wall depicted on the site plan dated October 15, Construction of this retaining wall shall comply with all applicable County, State and Federal regulations. 5.To the greatest extent possible, use of the helipad should be limited to daylight hours. 6.The helipad shall not be used for any type of commercial ventures. Use of the pad shall be for the storage of the personal aircraft of the owner, with no storage of commercially oriented aircraft.

BZA Conditions 7. With the exception of emergencies, use of the helipad shall be limited to a single- engine aircraft. 8. With the exception of the fuel in the tanks of the aircraft, there shall be no storage of fuel in the property. 9. All major maintenance or repair of the aircraft shall take place off site. The exception shall be if the aircraft is unable to takeoff safely. 10.The project shall comply with Article XVI of Chapter 9 of the Orange County Code, Exterior Lighting Standards, for any lighting installed on the landing pad for night landings. 11. Noise and sound shall be regulated by Chapter 15, Orange County Code; 12.The Special Exception approval shall become null and void upon the sale of the property to another owner. 13.The applicant shall be limited to three (3) round trips (take-off & landing) per day during weekdays (M-F), and no more than a total of four (4) round trips on Saturday & Sunday.

Revised Condition #13 and New Condition #14 per District #1 Commissioner and Staff 13. The applicant shall be limited to three (3) round trips (take-off & landing) per day during weekdays (M-F), and no more than a total of four (4) round trips on throughout the weekend (Saturday & Sunday). 14. Approval of this application shall expire in five (5) years. No extension without review and approval by the Board of Zoning Adjustment and the Board of County Commissioners.

BCC Action Requested: Approve the request consistent with the BZA’s recommendation of 12/4/2014, with the revision to Condition #13, and new Condition #14

BCC CALLED PUBLIC HEARING ON BZA #VA , DECEMBER 4, 2014 APPLICANT: NORBERTO DUARTE BCC CALLED PUBLIC HEARING ON BZA #VA , DECEMBER 4, 2014 APPLICANT: NORBERTO DUARTE Orange County Zoning Division DATE: March 10, 2015

Special Exception Criteria, Sect The use shall be consistent with the Comprehensive Plan. 2.The use shall be similar and compatible with the surrounding area and shall be consistent with the pattern of surrounding development. 3.The use shall not act as a detrimental intrusion into a surrounding area. 4.The use shall meet the performance standards of the district in which the use is permitted. 5.The use shall be 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. 6.Landscape buffer yards shall be in accordance with Section 24-5, Orange County Code. Buffer yard types shall track the district in which the use is permitted.

Staff Findings and Analysis As a result of the limited feedback, staff was not in a position to adequately judge the communities position on what impacts the proposed use was perceived to have by those most impacted, therefore the following findings were presented to the BZA:  Unless accepted by the impacted property owners, a helipad is not typically compatible with the surrounding residential area.  Unless accepted by the impacted property owners, a helipad will be a detrimental intrusion into this residential community.  Unless accepted by the impacted property owners, the use will generate noise, odor, and vibrations not typically found in a residential community.