HomeMy WebLinkAboutVI (A02) Second Reading Ordinance No. 97-22, Zoning – Case No. AR-97-03-02: West Oaks United Methodist Church ill
TAPPgeendda 10-21-97pp �� Agenda 10-7-97
' , "CENTER OF GOOD LIVING-PRIDE OFWES7IOKAIVGE" Item VII A 2
MAYOR•COMMISSIONER
* S.SCOTT VANDERGRIFT
Ocoee
T COMMISSIONERS
o i7‘ o' CITY OF OCOEE DANNYHOWELL
�` . SCOTT ANDERSON
. _ 150 N. LAKESHORE DRIVE
a.
SCOTT A.GLASS
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p OCOEE,(407)656-2322IDA 34761-2258 NANCY J.PARKER
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CITY MANAGER
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STAFF REPORT ELLIS SHAPIRO
DATE: September 30, 1997
TO: The Honorable Mayor and City Commissioners
FROM: Abra E. Home, AICP, Senior Planner j 0
THROUGH: Russell B. Wagner, AICP, Director of Planning *Py
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-1A) 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.
exc.-
4
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:1ALL DATA\CAPDFILE\STAFFR-1\CCSR-1\SRP97037.WPD
West Oaks United Methodist Church
Annexation and Rezoning (Case # AR-97-03-02)
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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
SKETCH of - DESCRi TLON
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SIT A
LECAL DESCRPTIOtt
THE SOUTH 550 FEET OP THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OP SECTION 21, TOWN54-112 22 SOUTH, RANGE 28 EAST, ORANCE
COUNTY, FLORIDA LESS THE RIGHT OF WAY FOR CLARK ROAD, BENJG MORE
PARTICULARLY DESCREED AS FOLLOWS:
COtT'ENCE AT THE NORTH 1/4 CORNER OP SAD SECTION 2k THENCE RUN S 00'
19'43$ W, ALONG THE WEST LINE OF THE NORTHEAST 1/4 THEREOF, 108.11 FEET
TO THE NORTH LAE OF TFE SOUTH 550 FEET OF TI-E NORTHWEST 1/4 OF THE NORTHWEST
1/4-0P THE NORT-EAST 1/4; THENCE RLN N 89'59'36' E, ALONG. SAID NORTH
LINE, 49.74 FEET TO The EAST RIGHT OP WAY LEE OP CLARK ROAD AND THE
PONT OF BC—C NC; T}-Et4CE CONTNJE 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 00'15'10" W, ALONG SAD EAST LEE, 550.01
FEET TO THE SOUTH LEE OF SAD NORTHWEST 1/4 OF THE NORTHWEST 1/4 OP
THE NORTHEAST 1/4; THENCE RUN S 89'5536' W. ALONG SAD SOUTH L1EE, 617.44
FEET TO THE AFOREVENTIOtsED EAST RIG-tT OF WAY LINE OF CLARK ROAD; THENCE
RUN N 00'28'11' E, ALONG SAD EAST LINE, 550.02 FEET TO THE PONT OP
BECNNNC.
THE ABOVE OESCREED PARCEL OF LAND CONTAINS 7.783 ACRES MORE OR LESS.
Exhibit A
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Legend: Case #AR-97-03-02
Exhibit B