HomeMy WebLinkAboutVI(A2) Ordinance No. 98-27, Case #AR-98-02-01: St Paul's Presbyterian Church - Zoning • (Agenda 11-03-98
I Item VIA2
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" S.SC COMMISSIONEK
OTT VANDERG
Ocoee COMMISSIONERS
o� ,,�,44' o CITY. OF OCOEE Do HONERS
• 150 N.LAKESHORE DRIVE SCOTT A.GLASS
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OCOEE,FLORmA34761-2258 NANCY J.PARKER
r, v • (407)656-2322
'..f. `�. CITY MANAGER
yI' ELLIS SHAPIRO
E,p OF GOOD`
STAFF REPORT
DATE: October 14, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Abra E. Home, AICP, Senior Planner . W
of Planningr
Russell B. Wagner, AICP, /
THROUGH: g Director
SUBJECT: Ordinance#98-27: St. Paul's Presbyterian Church Rezoning (Case#AR-98-02-01)
ISSUE: .
Should the Honorable Mayor and City Commissioners adopt Ordinance Number 98-27 to
rezone the subject property from R-2, Single Family, Duplex, Triplex, and Quadraplex District,
and A-1, Citrus Rural District (Orange County), to R-3, Multiple Family Dwelling District, and
R-2, Single- and Two-Family Dwelling District(Ocoee)?
BACKGROUND:
The requested rezonings are being considered simultaneously with St. Paul's Annexation and
Special Exception applications. St. Paul's Presbyterian Church is located approximately 1/8 of
a mile south of the intersection of State Road 50 and Citrus Oaks Avenue. In 1989, the City
annexed and rezoned Parcel A where the existing buildings and parking are located to R-3
(see the Zoning Map on page 4). The Church also owns three other adjacent properties,
Parcels B, C, and D. One parcel is already in.the City and two are in unincorporated Orange
County. Parcel B is zoned P-S in the City and it comprises about three acres. The subject
rezoning request deals with the other two adjoining properties (Parcels C and D).
Multi-family homes dominate this sector of the Joint Planning Area, but there are some new
single family developments located on the south end of. Citrus Oaks Avenue. The abutting
properties in unincorporated Orange County are zoned R-2 which allows single family, duplex,
triplex, and quadraplex development. There are also a number of developed and undeveloped
professional service and commercial tracts located along State Road 50. Generally, these
projects are service and retail commercial in character.
-
S�S
Staff Report to the Honorable Mayor and City Commissioners
October 14, 1998
Page 2
If the requested annexation and related rezoning application are approved, the subject property
would ultimately become part of a concurrent request for a Special Exception. The Special
Exception will outline the Church's long-range expansion plans. The existing development
pattern has put St. Paul's Presbyterian Church in an unique situation. They are surrounded by
urban residential development and are located within the West Oaks Activity Center Special
Overlay District. Adjacent property owners may express concerns about the proposed zoning
classifications. However, .in accordance with our Joint Planning Area Agreement and Future
Land Use Element these_parcels are suitable for annexation and consistent with the underlying
Future Land Use Designations. St. Paul's Presbyterian Church has a reasonable expectation
that the City would annex the property and assign the requested zoning classifications.
However,. the Activity Center Special Development Plan .provides for additional site plan
considerations that will make the project more attractive. Any site specific issues that may arise
are not pertinent to the rezoning application and.they should be reviewed in relation to the
upcoming Special Exception.
DISCUSSION:
The subject properties, Parcel D and Parcel C are vacant with the notable exception that Parcel
C has some telephone equipment located on it. Parcel D abuts the Church to the south and the
owner has requested R-2 zoning_to be consistent with the Joint Planning Area.and Future Land
Use designations of Medium Density Residential (4 - 8 dua). Parcel C is adjacent to the
northeast corner of the St. Paul's Presbyterian Church property and the property owner .has
requested R-3 Zoning to be consistent with the Joint Planning Area and Future Land Use
designations of High Density Residential (8-16 dua) and the adjoining zoning: The requested. .
zoning classifications would be consistent with the above referenced land use designations.
The Medium Density Residential (4 - 8 dua) land use theoretically permits two.possible Ocoee
zoning classifications (R-2 and PUD) and the High Density Residential (8-16 dua) land use
theoretically permits two possible Ocoee zoning classifications (R-3 and PUD). Even though the
Comprehensive Plan lists two zoning districts that are theoretically consistent with each of the
Future Land Use designations,,the City has the option of choosing the most appropriate zoning
classification from the range of potential zoning classifications, as appropriate to the
community and surrounding character of development. Although churches are allowed in each
of the zoning districts, a free-standing church is most appropriately located in either the R-2 or
R-3 zoning districts rather than within a Planned Unit Development.
Additionally, Staff has determined that the requested zoning classifications are consistent with
Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code;
(4) Joint Planning Area (JPA) Agreement with. Orange County; and (5) surrounding land uses
and zoning classifications. More specifically, the request is consistent with the listed goals,
objectives, and policies of the Future Land Use Element of the Comprehensive Plan.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On October 13, 1998, the Planning and Zoning Commission held a de novo public hearing
regarding the St. Paul's Presbyterian Church Rezoning. After a brief discussion, the Planning
and Zoning Commission voted unanimously to recommend approval of the requested rezonings
to R-2 (Parcel D) and R-3 (Parcel C).
Staff Report to the Honorable Mayor and City Commissioners
October 14, 1998
Page 3
STAFF RECOMMENDATION:
Based upon the foregoing analysis, Staff recommends that the Honorable Mayor. and City
Commissioners adopt Ordinance Number 98-27 to enact the requested rezonings to R-2
(Parcel D) and R-3 (Parcel C), and find that the application is 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: Ordinance Number 98-27
General Location Map,Attachment#1
Ocoee Zoning Map,Attachment#2
Future Land Use Map 2010,Attachment#3
H:\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98048.Doc
Staff Report to the Honorable Mayor and City Commissioners
October 14, 1998
Page 4
City of Ocoee, Florida
St. Paul's Presbyterian Church
Annexation and Rezoning to R-2 and R-3
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General Location Map,
Attachment # 1
Staff Report to the Honorable Mayor and City Commissioners
October 14, 1998
Page 5
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Ocoee Zoning Map,
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Staff Report to the Honorable Mayor and City Commissioners
October 14, 1998
Page 6
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Future Land Use Map 2010,
Attachment#3
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City of Ocoee
'I Future Land Use Map 2010
1 Low Density Residential Heavy Industrial
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3 High Density Residential Water Bodies
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Proposed Roadway
Joint Planning Area ————-
—Winter Garden City Limits Ocoee City Limits
• t Interchange Impact Areas/ Outside; of JPA Boundary
Ie.., �'S'"Activity Centers ;shown for information only
ORDINANCE NO. 98-27
CASE NO. AR-98-02-01: ST. PAULS PRESBYTERIAN CHURCH
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY, R-2, SINGLE
FAMILY, DUPLEX, TRIPLEX, AND QUADRAPLEX DWELLING DISTRICT, TO
OCOEE R-2, ONE & TWO FAMILY DWELLING DISTRICT, AND R-3,
MULTIPLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 7.5 ACRES LOCATED ON CITRUS OAKS
AVENUE, APPROXIMATELY 1/8 MILE SOUTH OF THE INTERSECTION OF
STATE ROAD 50 AND CITRUS OAKS AVENUE 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, R-2, One & Two Family Dwelling District [Parcel "D"], and R-3,
Multiple Family Dwelling District [Parcel "C"] (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 "R-2, One & Two Family Dwelling District, and R-3,
Multiple Family Dwelling 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 7.5 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from ."Orange.
County, R-2, Single Family, Duplex, Triplex, And Quadraplex Dwelling District," to "Ocoee, R-2,
One & Two Family Dwelling District [Parcel "D"], and R-3, Multiple Family Dwelling District
[Parcel "C']": •
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
•
•
SECTION 3. MAP. 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 4. 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 JPA Agreement.
SECTION 5. 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 Zonjng Map in accordance with the provisions of
Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code.
SECTION 6. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 1998.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
JEAN GRAFTON, CITY CLERK S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED OCTOBER 2$, 1998
' READ FIRST TIME OCTOBER 20, 1998
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 , 1998.
FOLEY& LARDNER
By:
City Attorney
CMLL__DATAWiPDFILEVNIX-REZWCTNEIST.PAUL'S AX RNDVCRDS.DOC
•
Lot 19, of "Citrus Oaks Phase One", 'as recorded in Plot Book 14,
•
Page 7, of the public•records of Orange County, Florida, LESS
the Southerly 240.00 feet thereof;
A Portion of Blocks 5,6, & 7, together with portions of
Grove Street, Jane Street, and Maine Street, PARK RIDGE,
according to the plat thereof, as recorded in Plat Book
0, Page 100 of the Public Records of Orange County,
Florida, more particularly described as follows:
Commence at the Northeast corner of said PARK RIDGE, said
corner also being the Northeast corner of the Southeast
1/4 of the Northwest 1/4 of Section 28, Township 22
South, Range 28 East, Orange County, Florida; thence S
89°56'57" W along the North line of said PARK RIDGE, said
line also being the North line of said Southeast 1/4 of
the Northwest 1/4, 30.00' to the Point of Beginning,
thence continue S 89°56'57" W along said line, 634.90 '
to the easterly right-of-way of East-West Expressway
thence along said right-of-way S 34° 57'50" E, 294.02';
thence S 3f 44'09" E, 357.54' to the point of curvature
of a curve, concave to the Northeasterly, having a radius
of 1,603.89', a central angle of 6° 11'15", ari arc
distance of 173.21' to the point of .compound curvature
of a curve, concave to the Northeasterly, having a radius
of 1,179.24', a central angle of 0° 23'52", an arc
distance of 8.18' to the Northerly right-of-way of Citrus
Oaks Avenue; thence along said right-of-way N 38° 35'14"
E, 159.65' to the point of curvature of a curve concave
to the Northwesterly, having a radius of 351.97', a
central angle of 38° 55'04", an arc distance of 239.08' ;
thence N 0°19'50" W, 347.79' to the Point of Beginning.
Exhibit"A"
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Exhibit "B"
•
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•
.The Orlando Sentinel, Friday, October 23,'1998•
• • CITY OF OCOEE - . . .
NOTICE OF PUBUC HEARING TO CONSIDER ADOPTION
OF PROPOSED INMAL ZONING ORDINANCE
'CASE NO.AR-98.02-01:,ST.PAULS PRESBYTERIAN CHURCH
I NOTICE IS HEREBY GIVEN pursuant to'Sections 166.041;Florida
Statutes and Sections I.10 and 5-9,Ocoee Land Development '
Code,that on Tuesday,November 3,1998•at 7:15 7.p.m.,or as
boon thereafter as practical,the OCOEE CITY COMMISSION will
bold. PUBUC HEARING little Commission Chambers,•150
North Lakeshore Drive,-Ocoee,Florida to.consider on the second
'of two readings the adoption of the folbwing'ordinance: •
' AN ORDINANCE OF THE'CITY OF OCOEE, FLORIDA,
CHANGING THE.ZONING CLASSIFICATION FROM OR- •
ANGE COUNTY,R-2 SINGLE FAMILY,DUPLEX,'TRIPLEX,.
AND OUADRAPLEX DWELLING DISTRICT;TO OCOEE-R-2,
ONE&IWO FAMILY DWEWNG'DISTRICT,AND R-3,MUL
TIPLE FAMILY'DWELLING DISTRICT,ON CERTAIN REAL,
PROPERTY CONTAINING APPROXIMATELY 7.5 ACRES:..
• LOCATED ON CITRUS.OAKS AVENUE,APPROXIMATELY 54 .
MILE SOUTH OF THE INTERSECTION OF STATE ROAD 50
AND CITRUS OAKS AVENUE PURSUANT TO THE APPLI-
• NISZONING PROPERTY
ING N TO BE'COD BY THE NSISTENT,
OCOEE COMPREHENSIVE PLAN THE OCOEE CITY CODE,
AND•THE JOINT PLANNING AREA AGREEMENT;PROVID-
' ING FOR AND AUTHORIZING THE REVISION OF THE OFFI-..
CIAL CiTY ZONING MAP;REPEALING INCONSISTENT OR-_
DINANCEB•PROVIDING FOR SEVERABILITY;PROVIDING
FOR AN EFFECTIVE DATE. . .•
The City-Commission may continue the public hearing:to other.
dates and times as they deem necessary.Any Interested party shall
be advised that the dates,times,and places of any'continua on of.
this or continued public hearings shall be announced during'the
hearing and that.no further notices regarding these matters.will be
published. •
Interested parties may appear at the meeting and be heard'regard-•
ing the proposed initial zoning ordinance.A dopy of the'' 'oposed
ordinance may mlay be Inspected at the Ocoee City Clerk's office,
150 North Lakeshore Drive,between the hours of 8:00 a.m:rand'
5:00 p.m.,Monday through Friday,except legal holidays.Any;perr
• son who'desires to appeal any decision made during the pubic
• hearing will need a record of the proceeding and for this purpose
may need to ensure that a verbatim record of the proceedings is •
• made which Includes the testimony and evidence upon which the
; appeal is based.Persons with disabilities needing assistance to
participate in any of the proceedings should-contact the.City
-Clerk's Office 48 hours in,advance of the'meeting at•(407)656-.
JEAN GRAFTON '
CiTY CLERK CITY OF OCOEE Thursday October 22,1888
OLS2390386 ' • •. OCTOBER 23,1998