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HomeMy WebLinkAboutVI(D) Public Hearing Application To Consider Special Exception Case 1-1SE-2002 - Glad Tidings Assembly Of God Church Agenda 6-18-2002 Item VID "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER. S.SCOTT VANDERGRIFT is Ocoee COMMISSIONERS '° ''� CITY OF OCOEE DANNY HOWELL C! �� ,,''` O + SCOTT ANDERS L a l l e k .I 150 N.LAKESHORE DRIVE RUSTY JOHNSON I ::` .° a OCOEE,FLORIDA 34761-2258 NANCY J.PARKER "F • ```= °�` (407)905-3100 " '¢' ` `} CITY MANAGER cF . JIM GLEASON 'I'r 4" 4 OP GOO' STAFF REPORT DATE: June 10, 2002 TO: The Honorable Mayor and City Commissioners FROM: Thomas Grimms, AICP, Senior Plann THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Special Exception Petition Glad Tidings Assembly of God Church Case Number 1-1SE-2002 ISSUE: Should the Mayor and City Commissioners approve a Special Exception to permit a church and school in an R-1-A "Single Family Dwelling District"? BACKGROUND: The subject property is located approximately 700 feet east of the intersection of Ocoee-Apopka Road and Fullers Cross Road on the north side of Fullers Cross Road (see attached location map). The parcel is vacant, pasture land with a few trees. The property adjacent to the east has a residential structure. The property on the south is vacant pasture land and the property to the west is vacant and wooded. The applicant is proposing to build a church on the 9.20 acre parcel. The applicant has submitted the special exception application as required by the Ocoee Land Development Code, Section 4-8 A. (1). The special exception request is to permit a church to be built within the R-1-A "Single Family Dwelling District". The initial church building will be approximately 12,000 sq. ft. with 325 seats. This request is for use only, and an actual site plan for the church meeting all development regulations will need to be submitted and approved at a later date. DISCUSSION: In discussing the special exception application for the church building, it was mentioned by Pastor Gary Howell that they would like to also later use the building for a school and preschool function. Although this application for special exception involves only a church, it should be noted that schools are also allowed in the R-1-A zoning district only by special exception. Th property abuts a portion of the Coca-Cola property designated for commercial uses. Also, it is situated along a heavily traveled road and backs onto the new Western Beltway. Accordingly, pow!! Protect Ocoee's Water Resources t) City Commission May 30, 2002 Page 2 of 2 the proposed church is compatible with the surrounding character and properties in the area. The remaining land use is largely vacant in the immediate vicinity of the subject property, except for a residential structure on the parcel adjacent to the east. It should be noted that the Ocoee Transportation Master Plan — Final Report indicates that Fullers Cross Road will be widened (Figure E-5). The property owner, as a condition of the special exception, should be required to dedicate 20 feet for future road widening. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on May 13, 2002 to review the request for Special Exception for the property. The DRC voted unanimously to recommend approval of the Special Exception with two conditions: That the property owner 1) dedicate 20 feet of the property for future right-of-way widening, and 2) that the City Commission consider that the Coke property commercial sites be exempt from the 1000-foot no alcohol sales requirement. MEETING BETWEEN GLAD TIDINGS CHURCH REPRESENTATIVES, CITY MANAGER, CITY ATTORNEY AND PLANNING STAFF: A meeting was held on May 23, 2002 in which the Glad Tidings Church representatives clarified their intent was for the Special Exception application to include both a church and a school as permitted functions on the property. (See attached letter.) Discussion also involved the DRC recommendation that the Coke property commercial sites be exempt from the 1000-foot no alcohol sales requirement. It was agreed to drop this exemption as a condition of approval for the Special Exception based upon the direction of the City Attorney. Also, Glad Tidings representatives sought a full left turn access into their property, and agreed to the provision of a joint driveway and cross access easement at the southwest corner of their property. PLANNING AND ZONING COMMISSION RECOMMENDATION: At its May 29, 2002 meeting, the Planning & Zoning Commission held a public hearing to review the Special Exception request and voted unanimously to recommend approval with the following conditions: 1) that 20 feet along the front of the property would be dedicated for future widening of Fullers Cross Road, and 2) provision of a joint driveway and cross access easement at the southwest corner of the property, prior to site plan approval. STAFF RECOMMENDATION: Staff recommends that the Mayor and City Commissioners approve the Special Exception for both a church and school subject to the property owner dedicating 20 feet for future right-of-way expansion of Fullers Cross Road including the provision of a joint driveway and cross access easement at the southwest corner of the property, prior to site plan approval. Attachments: Location Map Letter of Request from Glad Tidings Church for Modification of Special Exception Application Preliminary Site Plan for Special Exception O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\SR02035.doc Location Map City of Ocoee, Florida GI ad Tidings Special Except ion Case # 1 1 SE 2002 • Q at IMIN , Subj =,°,roperty / ____ 4i +f 1 J L H I11 I 4 , n ; aa LEGEND N N City Limit s Ocoee ,. k;: , :;c o JP Boundary \ / ar t , ; • [ ' Subject Pr o per t y W / N E City Property t,oe coos CountyPro per ty G(a6 5'tinjs 1701 Adair Street PO Box 189 Ocoee, FL 34761 (407) 656-4140 May 24, 2002 • Russ Wagner, • I am writing this letter requesting that we be allowed to amend our application for "special exception." We are asking to add "school"to our application. Thank you for your consideration and assistance. 14 Sincere Gary.l well Senior Pastor Glad Tidings Assembly of God o� cflurc6 of tfie community,f or tfie communitj. Copy of Public Hearing Advertisement Date Published Orlando Sentinel SUNDAY, MAY 19, 2002 Advertisement CITY OF OCOEE NOTICE OF PUBLIC HEARINGS TO CONSIDER APPLICATION FOR SPECIAL EXCEPTION (CASE NO.1.1SE-2002: GLAD TIDINGS ASSEMBLY OF GOD CHURCH) NOTICE IS HEREBY GIVEN pursuant to Section 4-8(A)(2),Ocoee Land De- velopment Code,that the OCOEE PLANNING AND ZONING COM- MISSION will hold a PUBLIC HEARING on May 29,2002 at their regular session to begin at 7:00 P.M.,and the OCOEE CITY COM- MISSION will hold a PUBLIC HEARING on June 18,2002 at their regular session to begin at 7:15 p.m. Both public hearings will be held at their specified times,or as soon thereafter as possible,in the Commission Chambers,Ocoee City Hall, 150 North Lakeshore Drive, Ocoee,Florida to consider the ap- plication filed by GLAD TIDINGS ASSEMBLY OF GOD,to allow for a SPECIAL EXCEPTION for a church on certain real property lo- cated at 2009 Fullers Cross Road. The complete case file,including a legal description of the subject property,may be inspected at the Ocoee Planning Department, 150 North Lakeshore Drive, between the hours of 8:00 a.m. and 5:00 p.m.,Monday through Friday,ex- cept legal holidays. The Ocoee Planning and Zoning Commission or Ocoee City Commis- sion may continue the public hear- ings to other dates and times as they deem necessary.Any interest- ed party shall be advised that the dotes,times,and places of any con- tinuation of these or continued pub- lic hearings shall be announced dur- ing the hearings and that no further notices regarding these matters will be published. Interested parties may appear at the public hearings and be heard with respect to the application.Any person wishing to appeal any deci- sion made during the public hear- ings will need a record of the pro- ceedings and for this purpose may heed to ensure that a verbatim re- cord 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 con- tact the City Clerk's Office 48 hours in advance of the meeting at(407) 905-3105 JEAN GRAFTON,CITY CLERK CITY OF OCOEE 0L54457185 5/19/02 FOLEY : LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney Z� DATE: June 5, 2002 RE: Glad Tidings Assembly of God Church;Impact on Locational Requirements Regarding Sale of Alcoholic Beverages The Glad Tidings Assembly of God Church (the "Church") is intending to annex into the City of Ocoee certain lands located in unincorporated Orange County approximately 700 feet east of the intersection of Ocoee-Apopka Road and Fullers Cross Road on the north side of Fullers Cross Road. The Church has requested R-1A zoning and a special exception in order to permit the use of the property for church and school purposes. In the event the property is annexed and the special exception approved, then the Church would become "an established church or school" for purposes of the provisions of Article II of Chapter 34 of the City Code which restricts the sale of alcoholic beverages within 1,000 feet from an established church or school. The Planning and Zoning Commission expressed concerns regarding the impact of this restriction on the development of surrounding property and recommended that this be addressed as part of the special exception approval. By way of background, Article II of Chapter 38 of the City Code prohibits the location of a place of business which sells alcoholic beverages or intoxicating beverages within 1,000 feet from an established church or school. In December 1998 the City Commission adopted Section 38-5.1 of the City Code which established a limited exemption procedure as set forth below: "In order to facilitate and encourage the location of schools and churches within planned unit developments and special overlay areas, the City Commission may, following an advertised public hearing, exempt land located within a planned unit development zoning district and/or a special overlay area from the provisions of §38-5 of the City Code upon a finding that the granting of such exemption will facilitate and encourage the location of schools and churches within the planned unit development and/or special overlay area. In granting any such exemption, the City Commission may impose such conditions of approval as it deems necessary to protect school children and church members from unwarranted exposure to alcoholic and intoxicating beverages." 006.258810.1 FOLEY&LARDNER FOLEY : LARDNER The above provision establishes a very limited exemption which was drafted to facilitate the location of a school within the Olympia PUD at Clarke and Silver Star. The granting of exemptions is a discretionary decision on the part of the City Commission. In order to grant an exemption the City Commission must (1) hold an advertised public hearing, (2) find that the exempt land is located within a PUD and/or special overlay area, and (3) find that the granting of the exemption will facilitate and encourage the location of schools and churches within the PUD and/or special overlay area. The exemption focuses on facilitating the location of churches and schools, not businesses selling alcoholic beverages. In the event the special exception is granted, then the Church and school would be established as noted above. Should a property owner (including the City of Ocoee as the owner of the adjacent Coca-Cola Property) seek to permit a business within 1,000 feet of the Church or any school located on the premises, then any such business could not sell alcoholic beverages. This prohibition would also preclude a restaurant selling alcoholic beverages. Further, in our opinion, there would be no basis under the Code to grant an exemption since the purpose of any such exemption would not be to facilitate and encourage the location of schools and churches within the PUD and/or special overlay area. Further, since there is no exemption currently available under the Code, the City could not place a condition of approval on the Church which would allow for the sale of alcoholic beverages within 1,000 feet thereof. Even if the City were to attempt to obtain some type of consent from the Church as has been suggested, any such agreement would not be binding on individual members of the Church who would have the right to appear before the City Commission to express their views and concerns. The particular circumstances of this application is no different than any special exception application for the location of a church or a school. Under all such circumstances, the provisions regarding the sale of alcoholic beverages would be triggered as a result of the approval unless there was an opportunity to obtain an exemption under the Code provisions. To the extent that the City Commission has any concerns regarding the impact on adjacent property, it is within the discretion of the Commission to repeal Article II of Chapter 38 or make further modifications which would be applicable on a citywide basis. PER/j lh 2 006.258810.1