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Home My WebLink AboutVI (B) First Spanish Assembly of God Church Special Exception (Case No. 1-1SE-2001) Agenda 9-1 8-2001 Item VI B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•LOMMISSIONFR Ocoee S. SCOFF VANDERGRIIT O� �'� q ®ro CITY OF OCOEE COmuas¢sFRs DANNY HOWELL Q 150 N. LAxESIIORE DRIVE Ocoee.FLORIDA 34761-2358 SCOTT ANDERSON n ?V `•41 RUNTY 1 ON (407)905-3100 NANCV J.PARKER 0f G000 A` CrlY MANAGER BIM GLEASON STAFF REPORT DATE: September 12, 2001 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Principal Planner T1_— THROUGH: Russ Wagner, AICP, Director of Planning Oi SUBJECT: First Spanish Assembly of God Church Preliminary Site Plan for Special Exception (Case No. 1-1SE-2001) ISSUE: Should the Mayor and City Commissioners approve the Special Exception request for the First Spanish Assembly of God Church to be located in a C-2 zoning district? BACKGROUND: The subject property is 2.35 acres in size and is located on the east side of Ocoee Apopka Road (CR 437) just north of Palm Drive. The property surrounding the subject property has C-2 zoning (north, south and west—commercial uses and undeveloped land) and R-T-1 zoning (east — mobile home park). The Land Development Code allows churches as a Special Exception in a C-2 zoning district. DISCUSSION: The Applicant proposes to build a new church on this site in multiple phases. The first phase will include a 3,120 square foot building as well as paved and unpaved parking. One waiver is being requested from the normal Code requirements, a request to allow the church steeple to be up to 55 feet tall (a 20' steeple on top of the building). This proposed waiver is supported by Staff, since similar waivers have been granted for other churches. The Preliminary Site Plan for Special Exception includes many Conditions of Approval, most of which are typical Conditions placed on all Special Exception requests. An unusual aspect of this Special Exception request is the need to consider locational requirements for establishments serving alcoholic beverages (Chapter 38-5 of the Ocoee Code of Ordinances), since there is an establishment already operating within 1,000 feet of the subject property. When this situation was faced in 1997, the City Attorney determined that a proposed new church would not affect existing establishments. However, the proposed use could be considered an "established church" and provide a basis for denying any future alcoholic beverage permits for nearby properties. Since the First Spanish Assembly of God Application faces similar circumstances, based on the previous determination of the City Attorney, Chapter 38-5 of the Ocoee Code would not prevent the proposed new church from locating near an existing alcoholic beverage establishment. Point .\\V September 12, 2001 Honorable Mayor and City Commissioners Page 2 DEVELOPMENT REVIEW COMMITTEE: On August 17, 2001, the Development Review Committee (DRC) met to consider the First Spanish Assembly of God Church application for a Special Exception (Case Number 1-1SE- 2001). Most of the discussion centered around the location of the entrance driveway — the Planning Department asked that it be located directly adjacent to the north property line to better facilitate cross access with the adjacent property. By the end of the discussion, the Applicant agreed to that request. The DRC voted unanimously to recommend approval of the Special Exception with the condition that the entrance driveway be located directly adjacent to the north property line. That condition of approval by the DRC has been satisfied on the plans date stamped received by the City September 7, 2001 (attached). PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission was scheduled to hold a public hearing on September 11, 2001 to consider the First Spanish Assembly of God Church Special Exception request. However, due to the tragic events of that day, the meeting was cancelled. That meeting will be rescheduled as soon as possible. STAFF RECOMMENDATION: Since the Planning and Zoning Commission was not able to take action on this application, Staff respectfully recommends that action on this Special Exception request for the First Spanish Assembly of God Church be continued to the October 2, 2001 City Commission meeting. Attachments: Copy of Public Hearing Advertisement \\Police_firel\planning\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\SR2001\SR01154 CC doc Copy of Public Hearing Advertisement Date Published L K4 Orlando Sentinel THURSDAY, AUGUST 30,2001 Advertisement 11 NOBCESEARING MTV OF OCOEE ' NOTICE OF runic HEARINGS TO COxsm- IiRsfUC'ON FOR SPECIAL aCEPIION NOSE-2001.FIRST SPANISH ASSEMBLY OF GOO CHURCH) NOTICE IS HEREBY GIVEN our. r SectionIA) ,Ocoee I Land D 4-B m Development Code Blot the OCOEE PLANNING AND ZONING ' COMMISSION will hold a PUBLIC HEARING on September II,2001 at I their regularn to begin a P.N p °OCOEE CITY COMM S-I ON wiil`hold a PUBLIC HEARING on September II,SWI at theirregularo begin Sl5p.m.Both sessionu hearings will be held at their specified times,or possible, in as Commission Chomrs,Ocoee N North Lakeshore City• e,Hail, Florida to aoliotionl filed a FIRST SPANISH ASSEMBLY OF 000,to allow for a SPECIAL EXCEPTION ppem located at ll5 Occ a-Apopka Road. The complete case tile. including a ect prope cription of the sut Oco• erly,may be inspectedat)the e Planning Department, 150 North Lakeshore Drive, between the hoots at AOO am and 5.00 through Friday.e - ceot legal lidays The Ocoee oee Planning and Zoning Commission or,Ocoee City Commis. continue me public hear- ings• to otther dotes and times as I xv deem necessary.Any interest. shalted party be advised that the ial;oiio of ee Places continuedd ous Uc hearings shall be announced dot ing the hearing and ism no further notices reg arding these matters will be Ppb�snda_ Interested m the Parties and be n and bunlic to the appltm n.Any person• :who esires to ion made during the olubc 'heorires will need a record of the proceedings and tar this purpose ensure het a verbatim f• ord of th oceedings is made evidence upon swhichethe appealnis based Persons with disabilities any needing Nlolnrsshouc - tact The CityClerk' office 18 hours in advance of the meeting at NON 90S 3105. JEAN G RAF TON. CITY CLERK, CITYOCOEE Aug 3Osbnel