Orange County — Board of Zoning Adjustment

SE-15-08-070 — Lake Sherwood Presbyterian Church

Request: Special Exception in R-CE zoning district to construct 21,000 sq. ft. religious use facility (Note: A 300 seat sanctuary with meeting space and no outdoor events are planned)

Decision: Approved

Hearing: The applicant is requesting a Special Exception in the R-CE zoning district to construct a 21,000 sq. ft. religious use facility.  The facility will include 300 seat sanctuary with meeting space in the first phase, and a second phase with additional meeting space and a fellowship hall.

Staff provided background for the case, noting that the property, while 11 acres in size contains a significant expanse of wetlands for which the applicant is preparing Conservation Area Determination. While the applicant had stated in their cover letter that they would not have any outdoor events, staff anticipated that they would, and included a condition.  Staff also outlined the Community Meeting which the applicant conducted for this property, noting that those in attendance were in favor of the request.

The applicant noted that while they were generally in agreement with the conditions proposed by staff, they requested clarification of what would constitute an outdoor event qualifying as one of the four permitted in a calendar year. They also request that the condition prohibiting use of sound amplification either not be imposed or be modified.

During discussion, the BZA clarified that activity normally associated with church activities would not count as an outdoor event, and that large events such as festivals were what the condition was aimed at.  They also clarified that amplification was intended to preclude loud speakers, and amplified music, such as a band. There being no one in attendance to speak for or against the application, the public hearing was closed.

The BZA also wished to make Condition #5 regarding the encouragement of the use of "dark skies" type lighting mandatory due to the rural nature of the neighborhood.  They also wished to protect the applicant from being responsible for replacing any trees along Windermere Rd. which are not on the subject property by clarifying that Condition #14 was only intended for trees on the subject property.

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