Loading...
HomeMy WebLinkAboutVII(A2) Ordinance No. 97-22, Zoning - Case No. AR-97-03-02: West Oaks United Methodist Church Agenda 10-7-97 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" ItemMA ORI•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee • CITY OF OCOEE COMMISSIONERS ..V •��� DANNY HOWELL R"r� N a 150 N.LAKESHORE DRIVE SCOTT A.GLASS v p OCOEE,FLORIDA 34761-2258. NANCY J.PARKER (407)656-2322 CITY MANAGER OP G00��` ELLIS SHAPIRO STAFF REPORT DATE: . September 30, 1997 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, AICP, Senior Planner J THROUGH: Russell B. Wagner, AICP, Director of Planning SUBJECT: West Oaks United Methodist Church Rezoning (Case#AR-97-07-07) ISSUE: . Should the Honorable Mayor and City Commissioners approve the above request to rezone the subject property from A-1, Citrus Rural District(Orange County), to A-1, General Agricultural District (Ocoee)? BACKGROUND: The requested rezoning is being considered simultaneously with an annexation petition. The subject property is located north and east of the intersection of Clarke Road and White Road (just north of the water tower). The 7.9 acre parcel is currently vacant and there are no buildings located on it. The subject property is designated Low Density Residential (< 4 du/acre) on the City Future Land Use Map and Joint Planning Area Map. The surrounding zoning designations are R-1A, Ocoee A-1, and Orange County A-1. Whitehill Subdivision (R-IA) is adjacent to the subject property and abuts it on the north and the east. Another church is located to the southeast of the subject property between the water tower and Whitehill and it is zoned Ocoee A-1. The electrical substation and water tower are located to the south and are both zoned Orange County A-1. The orange groves and residence located across Clarke Road are also zoned Orange County A-1. DISCUSSION: • The applicant has requested an Ocoee zoning classification of A-1, General Agricultural District, which would be consistent with the above referenced land use designations. The underlying Low Density Residential land use theoretically permits eight possible zoning classifications (A-1; A-2; RCE-1.; RCE-2; R-1AAA; R-IAA; R-1A; and R-1) and churches are.allowed in each of them. Although the Comprehensive Plan lists several zoning districts that are consistent with the Low Density Residential designation, the City may choose from the range of potential zoning classifications, as appropriate. Except for four (4) of the above zoning classifications (A-1; A-2; RCE-1; and RCE-2), a church use in Ocoee and its site plan is typically reviewed as a Special Exception with public hearings before the Planning, and Zoning and City Commissions. If the requested rezoning to Ocoee A-1, General Agricultural District is approved, it should be understood that the West Oaks United Methodist Church would not be reviewed as a Special Exception and any site plan(s) would be reviewed administratively by city staff. The Honorable Mayor and City Commissioners September 30, 1997 Page 2 Staff has determined that the rezoning request is consistent with Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) Joint Planning Area (JPA) Agreement with Orange County. More specifically, the request is consistent with the stated goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan (attached). PLANNING AND ZONING COMMISSION RECOMMENDATION: On September 24, 1997, the Planning and Zoning Commission reviewed the rezoning request and asked several questions of Staff and Pastor Ernest M. Post, the applicant. During the public hearing, Rob McKey, Alternate Planning and Zoning Commission Member, appeared before the Planning and Zoning Commission to ask questions about the proposed uses of the property. In particular, Mr. McKey was concerned about the impact of various uses and traffic circulation. Pastor Post discussed the several potential uses of the property including a community building, a school, and a day care center as well as baseball fields. He then stated that the Congregation would ultimately determine the uses of the property and phasing of construction. City Staff stated that without a specific range of uses and building sizes it would be difficult to estimate the impact of the potential church uses. Additional discussion centered on concerns about the effect of these uses on surrounding property owners and whether or not they would be notified about specific plans for the property. Staff responded that normally such uses would require a Special Exception with public hearing notice to surrounding property owners, but that the proposed A-1 zoning allowed these uses by right with no public notice. After further discussion, the Planning and Zoning Commission voted unanimously to recommend approval of the requested rezoning as recommended by Staff. RECOMMENDATION: The Planning Department recommends that the Honorable Mayor and City Commissioners APPROVE Ordinance No. 97-22 providing for the rezoning of West Oaks United Methodist Church in Case #AR-97-03-02 to A-1, General Agricultural District, upon finding the application to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Use Map; (3) the Ocoee Land Development Code; and (4) the requirements of.the JPA Agreement. Attachments: Location Map Future Land Use Element Goals,Objectives,and Policies Rezoning Ordinance F:'ALL DATA\CAPDFILE\STAFFR-1\CCSR-1\SRP97037.WPD 1. 11 11 11/ - q.our uuuu uyu ' $ �, '�'—� ! , ---r,.�i , . ir. Tiat 4 ..,,, # Icy �_=�I - 1tI rt , -�ar w .,iw nt4 flc RP-8r )116 gr • _ 0'1apC 11 s' 0. rr • ■� --pa, oii�`vttik 'i I��11i J r,7 "s " �,� 3ikt Al`Y� r�� d""1 Y3[illfiCl�fYILfRI1pflC-.',�`i • i� AA., p■e.. at ► Iran iw:C • N ri.. i i,, 13 "aria 8 , .3s' :,_ m „■�t����a+ I.' �� ,11H / o NEB � �t i _. �e�er>4rrureaelr<ete 4' 0 * _'�' (0 TA / 0 CA 7 a� �- . On F Gl rke Road ����_ a = P1 �j 1, b I s �' ! yhi �� 1�..1 117 L, rry `r riiI y,. ^ E.=- \�11 .. C![lt7pQ ctomWd® #t ,- ' :is • - i�� r....::. := 70 o \\���\. 1�3® B&iflflfl p8 R g s 4 ,s s I v;+, 6l1 - \v 7. 111111111111I1111 . - a C NiG--_iik.: ra .:rwu■■PLP■�iA' Oft p Ors 11, ,•- In i N = y W. 111 111 111 I . � _2 7 G. F !'i r �riir����..C■ri�p .. 1.Vat. 'IIII n 4�q; �C a �, ill • _o._� - _. ■ms emu■ nn�I In I�■i■ ■ ® I —>a 1. .1 1"' " . -41., '.,I E■lirdi imps ���7V ,. on 11 rQBa � fit."1�'■ � � ^ /� •! 1 1 r�ri■■rk�p li ii°- ap ins lit II © ltlitfaz-c 7 '� \ l \r' , , ,1�.. ■ ■ 7 47}.■•, , r 111��II r _. �,vtv.G n B�§'!1- 7(I o --1- .1511S,' 1 ''-'4.. \ a- IFS ii 112 VI rfi If11 ffri. 1 t PN A ---1 V) 0 w� . ' ,1- !I. "� • BSI ■ Z I/ill s mit i unrtt,- fl iuflr o tr 0 Ir. Ci- �Y-I r �1 I I I~ II 11 I(5 I , I , 111,11-,-4-1-r4-`3°'"� 4- -1 IHI�--1-JI-I1 1 a �7II�Dt7. *tang C - H H (1 (l (1 7 'D A c A 7C1 A ,-' A FJ D D a- g n 1 S C 1 1 I � , 1 , � , c � 1 , 1 , c , 1 G � N ram{ g ry ,. w Q n) .- SA o --- Q iv ,� • D D D Q - ro o- o ■ : oi. (A 3 a o p 1- m I:)-13 0 d 1I. EHI ' H11II ce re. P p • • a H o 0 7' Lo ORDINANCE NO. 97-22 CASE NO. AR-97-03-02: WEST OAKS UNITED METHODIST CHURCH AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY, A-1, CITRUS RURAL DISTRICT TO OCOEE, A-1, GENERAL AGRICULTURAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 7.9 ACRES LOCATED NORTH AND EAST OF THE INTERSECTION OF CLARKE ROAD AND WHITE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida, (the "Ocoee City • Commission") has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission to rezone and establish an initial zoning classification for said real property of Ocoee, A-1, General Agricultural District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Initial Zoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Initial Zoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be "Ocoee, A-1, General Agricultural District," as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapters 163 and 166, Florida Statutes. SECTION 2. INITIAL ZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 7.9 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County, A-1, Citrus Rural District" to "Ocoee, A-1, General Agricultural District": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ` A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement. SECTION 4. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Initial Zoning amendment enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1997. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED SUNDAY, OCTOBER 5, 1997 READ FIRST TIME OCTOBER 7, 1997 READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1997. FOLEY & LARDNER By: City Attorney C:\ALL DATA\AHPDFILE\ANX-REZ\ACTIVE\WO-UMCP\ADVSORDS.WPD SKTC of' • D ESCJF:T ([0N • EXHIBIT A LEGAL OESCRPTION: THE SOUTH 550 PEET OF THE NORTHWEST 1/4 OF TFE NORTHWEST 1/4 OP Ti-E NORTHEAST 1/4 OF SECTION 21, TOWNSHP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA LESS THE RIGHT OP WAY FOR CLARK ROAD, BEING MORE PARTICULARLY DESCRBED AS FOU.OWS: COttENCE AT TFE NORTH 1/4 CORDER OF SAD SECTION 2k THENCE RUN S 00' 19'43" W. ALONG THE WEST LNE OP THE NORTHEAST 1/4 THEREOF, 108.11 PEET TO THE NORTH LEE OF 11•E SOUTH 550 FEET OF THE NOR-WEST 1/4 OP THE NORTHWEST 1/4.OP THE NORTHEAST 1/4; THENCE RUN N 89'59'36' E, ALONG SAID NORTH LNE, 49.74 PEET TO THE EAST RIGHT OP WAY WE OP CLARK ROAD AND THE PONT OP BEGINNING; THENCE CONTNUE N 89'59'36' E, 615.36 FEET TO THE EAST LINE OF THE AFORESAID NORTHWEST 1/4 OP THE NORTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE RUN S 00'I5'10" W, ALONG SAD EAST LEE, 550.01 FEET TO THE SOUTH WE OF SAD NORTHWEST 1/4 OP THE NORTHWEST 1/4 OP THE NORTHEAST 1/4; THENCE RUN S 89'59'36' W. ALONG SAD SOUTH LNE, 617.44 FEET TO THE AFORErENTIONE0 EAST RIGHT OP WAY LEE OP CLARK ROAD; TI-ENCE RUN N 00'28'11' E, ALONG SAD EAST LEE, 550.02 FEET TO THE PONT OF BeC to 1G. THE ABOVE OESCREED PARCEL OF LARD CONTANS 7.783 ACRES MORE OR LESS. Exhibit A wino .. I II. /' ;�%.' :- a II / _ a, MINI // !!/ o ,, ,G! / • .III._ s Iii 11 y r �► ,,i ,/,,,! ' ?�ll'h II 1. ', i/,�/ �,i!l,,,, ,ice ,,r !/ ! ; //,/% ` ._. '-+,� �*ai 2 /%'/:.'/:/'/.;';,%•.-, 111/1U 111111/ it I . Saar .4 1% 4 4:4A- : _ lift 1•:: ... a *b a,'/! I� (t( I ► 11 :ti: w. tisMII r{ ti,~} ' {ti•~ I *4- % ''' 'a - - r .J:(N1 i:F A' 'sii• _ _ _ II i Eli .-?',.`` :'ti•::•a•e S V ggii_ . Wed ood vor 1111►, 1 .' j .•:; �.# t Commons I I ♦ A*t A �•: :,S; t:.:.. r4r MIMI 'IN MI� Si. `'`wel 4�f:•'-'- �� ,��� , ■ '••.: ��IN li //fir :: Ion 1i .; y;"": n: III. : :llA am Ill fy u I�I� '� �_ Dili - =-_I I ��' '�� 1 lI I • f 1 1 ri. , - III . f' Fan iBIt — — • _ / I , i 1 IIII' � _ _ _ 1• I RP anSl li!ij•1:ill:,:1!!i•I ill!III!1'lll111!li . :I I : I 7 1 I i ! I I I LIME ■ rr l'{±ilil�lfliilf�!III{lii�il11l,'�II1 II :�m�I Il_!__LLJ i ' i T ■1191i r ® ill l�Ii 1 ,,.., .� I■MUM 1 JJ I ■� II I I i lk ark V it il' d h 5 lr� „i„..-..',.J 1 i i I I 1 • ��l'�« ��I iillll � ��" � I}x o �1 „h� h '.l ' 1 1 1 1 1 i f am NH :l;i!.,1, ;4111 c c.rs Ir"�a r: 1. 14 I. I I ) 1 I ;P r I 1 I.11 11 1,i e iilH °p. I 111111111,1i i 'I,i r�'.C. iFiMx' i�ll�llur'IS 2'`ha N'� 1 4 y 1, qy I l l iiflil !f''�I"IC �,, � a 7 • ■ I .� CJa1111 n VtPh �Ag 1 1 LI&Iili 41L.h "} .'4'h, ' �.: h•�, �rB5 Fpl a F r �IIhyM"Iitl L1 f N' a�,so 1 I �` a r S- 4 c r d!V'ir 71G -4 f c' 7 ��-- ■ ,.. 0c,• -e'6a•tJ$• .r .�,1}'�ttF�'l: :; '"'" ,Y' 7 _Iti , n•1■ 1I I'' 5 �.cM..11.!..kvl l• ! Y'' 1'1,J .1,a 1 3.,•••• , �'*7r r 1 I� II � / l 11 1 1 ,d•�/ y -Yu '�owt^a'�I'�?�,IL:. .7' T ra ��a'u 1 t I { a '. 1 I ' pub) wdP F'�"� � �h i :�I rca�,ti� � � I I f ��i/�f T / �•�w "7'.:( P � , 1 I I I ,) I I � a s 1 I / -1 ,N y,; a r i Src 4. -!,M.u i Y__- .... Va i _ I :. (k 1.�.c•,s, j'+� .i?.,.... v4.- , 4 II,,, I : I I ! I 'f—�:_...—ti'�,+. 1 ! .. ,,:, ;1 i444,.JT,, I ` "a4!',hhj a 1,i L r 14, > t I l l ,—' I j I 1 I I , I nt.._ s k x rrs.V��e f Tr,cat r i � 1',P4 I ! I 1 : 1 .l . �I t I I1 --- ./ /j/ , / rr6 j/ i { C\,n i.0 1 fpl 14 r'4� _ • .. ; l / / c,1�.LE j'•4�ch y,� �r I75"4ar i fl"tt 4� Sr Alc14`l:,ti _ _ ^I I I I I / / j ;¢�', C.,,r li 1.11 ",^4t�4�IN •1 l i I I 1 1 I 1 1 I I i,`--i e,. qq• I.14@(1' TO /./"• //j�j//7 ////,/// .(4L� e' �t� IM i°lal'k {JSfL LILStSIS.•,` /3j///�/jam//j• • ,, / yN4w P344 1: .t ci�,,.?,a 1// r'�Jr7'%) 500 0 500 1,000 1,500 2,000Feet Legend: Case #AR-97-03-02 Exhibit B