BCC APPEAL PUBLIC HEARING ON BZA #SE APPLICANT/APPELLANT: Centro Cristiano Restauracion Orange County Zoning Division FEBRUARY 9, 2016 (Continued from January 5, 2016)

CASE #:SE APPLICANT:Centro Cristiano Restauracion REQUEST:Special Exception in an R-1 zoning district to permit a child care center for up to 60 children, ages infant to 5 years old, to be located within an existing religious institution. ZONING:R-1 TRACT SIZE:5.45 ac. LOCATION:1600 N. Chickasaw Trail, west side of N. Chickasaw Tr., approximately 950 ft. south of E. Colonial Dr. DISTRICT:#3 Background

Special Exception Criteria, Section 38-78, Orange County Code 1.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.

Zoning Map

Aerial

Close-Up Aerial Proposed child care center to be located inside this building Residents opposed

Site Plan Proposed child care center inside building

Site Photograph - Sanctuary

Site Photograph – Drop off/Pick Up

Site Photograph – Fellowship Hall

Site Photograph – Existing Playground

Site Photograph South property line – newly installed fence here

Site Photograph South property line

Site Photograph

Project Data  Existing Use: Religious Institution  Proposed Use:Child care center for up to 60 children ages infant to 5 yrs.  Adjacent Land Uses:N- Single Family Residence S- Single Family Residences E- Religious Institution W- Little Econlockhatchee River  Existing religious institution was approved in 1996

Staff Findings and Analysis 1.Proposed: Child care center for up to 60 children inside an existing sanctuary. No new construction. 2.Proposed hours: 6 a.m. and 6 p.m. However, staff is recommending that, if approved, the hours of operation be extended to 7 p.m. to allow parents flexibility with pick up time. 3.A child care center is a customary and reasonable use in conjunction with a religious institution. 4.Staff supports the request with conditions; no outdoor amplification, maintain the fence and BZA approval required for any expansion of uses or structures. 5.On July 2, 1998, the BZA approved an expansion to the religious use subject to 10 conditions. Condition #5 "The existing board-on-board fence along the south property line shall be properly maintained. Replacement fencing and/or repairs may be required as determined by the Zoning Manager;". Condition 6 states: "The applicant shall install evergreen trees feet in height 20 feet on- center along the south property line. Tree planting locations and the balance of the site shall be landscaped in accordance with the site plan dated May 20, All landscaping materials shall be properly maintained to ensure good health and viability."

Community Feedback at the BZA Public Hearings and Community Meeting  2 BZA public hearings (10/1/2015 and 11/5/2015)  10/1/2015:4 residents spoke in opposition  11/5/2015:1 church representative spoke in favor; 1 resident spoke in opposition; 67 letters submitted by the church in favor of the request  1/5/2016: BCC continues to 2/9/2016  1/25/2016:Applicant conducts community meeting (16 residents attended)  2/9/2016:BCC appeal public hearing

BZA Findings The Board concluded the request is not compatible with the residential uses to the south and approval of the request would adversely impact the residents to the south.

BZA Recommendation Denied the special exception request in that the BZA found the request did not meet the requirements governing Special Exceptions as spelled out in Section 38-78, Orange County Code. (unanimous 7-0)

BCC Action Requested: Deny the request consistent with the BZA’s November 5, 2015 recommendation

BCC Conditions If the BCC approves the request, the following conditions are recommended: 1.Development in accordance with site plan dated August 12, 2015, 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.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.Child care center shall be limited to no more than 60 children. 4.The applicant shall obtain a use permit within 3 years or this approval shall be null and void;

BCC Conditions (Continued) 5.Hours of operation shall be 6 a.m. to 7 p.m. Monday thru Saturday; 6.The applicant shall plant wax myrtles (3 gal. size) along the fence from a point beginning at the storm water management pond extending east to supplement the oaks. The plants shall be spaced an average of 15 ft. on- center with modification of spacing where the on-site oaks are closer together. Planting shall be completed within 180 days of final Orange County approval; 7.The applicant shall repair the existing sections of 6 ft. high fence. The fence repairs shall be completed within 180 days of final Orange County approval; 8.Any complaints regarding sound and noise shall be regulated by Chapter 15, Orange County Code "Noise Pollution Control Ordinance“; and 9.Failure to comply with the above conditions shall be addressed by the Code Enforcement Division and/or Code Enforcement Board.

BCC APPEAL PUBLIC HEARING ON BZA #SE APPLICANT/APPELLANT: Centro Cristiano Restauracion Orange County Zoning Division FEBRUARY 9, 2016 (Continued from January 5, 2016)