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Home My WebLink AboutVI (A2) Second Reading of Ordinance No. 2003-10, Ocoee Church of the Nazarene, PUD Zoning/PUD Land Use Plan Agenda 3-04-2003 Item VI A 2 Mayor beCentet of Good tjy Commissioners S. Scott Vandergrift _ LL f °" Danny Howell, District 1 Scott Anderson, District 2 City Manager CO ' ; Rusty Johnson, District 3 Jim Gleason ` +aei' - Nancy J. Parker, District 4 _ STAFF REPORT DATE: February 27, 2003 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Planning Manager THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Ocoee Church of the Nazarene PUD Zoning/ Land Use Plan, Project# LS-99-015 Ordinance # 2003-10 ISSUE: Should the Mayor and City Commissioners adopt Ordinance # 2003-10, approving PUD Zoning and the PUD Land Use Plan for the Ocoee Church of the Nazarene? BACKGROUND: The Ocoee Church of the Nazarene site includes about 4.7 acres and is located on the east side of Clarke Road, about half way between Silver Star Road and White Road. The subject property and all of the surrounding properties have a Low Density Residential future land use designation in the Comprehensive Plan. The surrounding properties to the south and east have R-1-A zoning. The southern edge of the subject property abuts one of the Clarke Road retention ponds and the eastern edge abuts the western boundary of the Whitehill subdivision. The adjacent property to the north is about the same size, but is not in the City and contains only a single home. The subject property is currently undeveloped and is covered with numerous trees. DISCUSSION: The proposed uses on the site will ultimately include a worship center, a family life center, religious education and child day care. As shown on the PUD Land Use Plan, the church anticipates building its facilities in three phases. Phase 1 of the development will include a 6,200 square foot education building, with a larger family life center and a sanctuary building to follow in later phases. The only access to the site will be from Clarke Road. As with other church sites, there will be a 6 foot fence with appropriate landscaping along the eastern boundary of the site adjacent to Whitehill subdivision. The church intends to preserve a significant number to the existing trees on the site. February 27, 2003 Honorable Mayor and City Commissioners Page 2 A Waiver Table presenting a single waiver from Code requirements is provided on Sheet PD- 005 of the Land Use Plan. The proposed waiver involves the required 50' building setback along the southern property line. The Applicant believes that a 25' building setback along the southern property line is justified because the entire southern boundary is adjacent to a retention pond rather than residential homes, and it allows more flexibility to provide landscaped open space in the interior of the site. This waiver request is supported by Staff. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The proposed PUD Zoning and PUD Land Use Plan for the Ocoee Church of the Nazarene was reviewed by the Development Review Committee (DRC) on January 24, 2003. The only remaining issue was an informational comment from the City Attorney related to finalizing the Development Agreement, which will be addressed prior to the public hearing with the City Commission. The Committee voted unanimously to recommend approval of the proposed PUD Zoning and PUD Land Use Plan. PLANNING AND ZONING COMMISSION RECOMMENDATION: On February 11, 2003 the Planning and Zoning Commission held a public hearing to consider the proposed PUD Zoning and PUD Land Use Plan for the Ocoee Church of the Nazarene. Staff and the Applicant presented the proposal and answered a few questions. There was concern about tree protection — since there are numerous trees on the site, they wanted to be sure that as many trees as possible are preserved. There was also a question about traffic impact and whether turn lanes would be needed. Staff explained that this is only a conceptual plan for purposes of zoning, a detailed site plan will be reviewed at a later date. Tree preservation and traffic impact will be evaluated and addressed at that time. There was consensus in support of the proposed waiver to allow a 25' building setback on the south property line. When the discussion was finished, the Committee voted unanimously to recommend approval of the proposed PUD Zoning and PUD Land Use Plan. STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission adopt Ordinance No. 2003- 10, approving PUD Zoning and the PUD Land Use Plan for the Ocoee Church of the Nazarene, including the proposed waiver, as date stamped received by the City on February 6, 2003. Attachments: Copy of Public Hearing Advertisement Copy of Proposed Ordinance k 2003-10 O:\Staff Reportst2003i5R03024 CC.doc CITY OF OCOEE NOTICE OF PUBLIC HEARING ON THE OCOEE CHURCH OF THE NAZARENE PUD REZONING / LAND USE PLAN LS-99-015 NOTICE IS HEREBY GIVEN, pursuant to Section 4-5 B., Ocoee Land Development Code, that on Tuesday, March 4, 2003, at 7:15 p.m., or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the second of two readings for the adoption of the following ordinance: ORDINANCE NO. 2003-10 CASE NO. LS-99-015 PARCEL I.D.: 16-22-28-0000-00-016 OCOEE CHURCH OF THE NAZARENE REZONING AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 "CITRUS RURAL DISTRICT' TO P.U.D. "PLANNED UNIT DEVELOPMENT DISTRICT", ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.69 ACRES LOCATED ON THE EAST SIDE OF CLARKE ROAD APPROXIMATELY 1,700 FEET SOUTH OF THE INTERSECTION OF SILVER STAR ROAD AND CLARKE ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; 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. [ INSERT MAP HERE ] Pursuant to Section 5-9(B) of the Land Development Code, the Community Development Director has determined that the proposed rezoning to PUD "Planned Unit Development District" / Land Use Plan is consistent with the Ocoee Comprehensive Plan. The City Commission will review and may make a decision concerning the proposed P.U.D. / Land Use Plan for the Church of the Nazarene based upon its conformance with the requirements of the Ocoee Land Development Code and the recommendation of the Planning & Zoning Commission. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Community Development Department, 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The City Commission may continue the public hearings to other dates and times as it deems necessary. Any interested party shall be advised that the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearings and that no further notices regarding these matters will be published. Interested parties may appear at the public hearing and be heard with respect to the proposed amendment to the P.U.D. / Land Use Plan. Any person wishing to appeal any decision made during the public hearings will need a record of the proceedings 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) 905-3105 JEAN GRAFTON, CITY CLERK Publish: Sunday, February 23, 2003 ORDINANCE NO.2003-10 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 4.69 ACRES LOCATED ON THE EAST SIDE OF CLARKE ROAD SOUTH OF SILVER STAR ROAD AND NORTH OF WHITE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; 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 AN EI'NECTIVE DATE. WHEREAS, the owner (the "Owner') of certain real property located within the corporate limits of the City of Ocoee,Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida(the "Ocoee City Commission") to zone said real property to Ocoee"PUD",Planned Unit Development District(the"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 Zoning requested by the Owner 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 which has been amended from time to time (the ".TPA Agreement") and 006 285425. -1- WHEREAS, the JPA Agreement 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 zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,Florida Statutes; and WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ("PZC"); and WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Zoning 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 it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Zoning; and WHEREAS,this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3),Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIIl of the Constitution of the State of Florida and Chapter 166,Florida Statutes. 006 285425. -2- SECTION 2. Zoning. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 4.69 acres located within the corporate limits of the City of Ocoee, Florida, is hereby established as Ocoee "PUD", Planned Unit Development District: See Exhibit "A" attached hereto and by this reference made a part hereof (the"Property"). SECTION 3. Map. A map of the Property which clearly shows the area of Zoning is attached hereto as Exhibit"B"and by this reference is made a part hereof. SECTION 4. Land Use Plan. The following Land Use Plan for the Property is hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set forth thereon: That certain PUD Land Use Plan for Family Life Center, Sanctuary and Education Buildings Driveways, Parking and Related Facilities for Ocoee Church of the Nazarene prepared by Facilities and Environmental Consultants, Inc. dated December 17 2002 and stamped received by the City of Ocoee December 17, 2002. The above described Land Use Plan is attached hereto as Exhibit"C"and by this reference made a part hereof. 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 Zoning enacted by this Ordinance and the Mayor and City Clerk arc 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. 006.285425. -3- SECTION 6. Ocoee Comprehensive Plan and JPA Consistency. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JPA Agreement. SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 8. Severability. If any section, subsection, sentence, clause, phase, 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 9. Effective Date. This Ordinance shall become effective upon passage and adoption. 006.285425. -4- PASSED AND ADOPTED this day of ,2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton,City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED ,2003 READ FIRST TIME ,2003 READ SECOND TIME AND ADOPTED 2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA APPROVED AS TO FORM AND LEGALITY this day of ,2003. FOLEY&LARDNER By: City Attorney 006.285425. .5- EXHIBIT"A" THE SOUTH 1/2 OF THE NORTH 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL CONVEYED TO THE CITY OF OCOEE: A STRIP OF LAND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21, RUN NORTH 89°50'17" EAST, 1632.88 FEET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 00°11'19" WEST 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41°43'09", AN ARC LENGTH OF 903.62 FEET, A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF NORTH 20°40'16" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 41°31'50" EAST, 591.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41°20'59" AND ARC LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND A CHORD BEARING OF NORTH 20°51'20"EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 00°10'51"EAST, 2619.82 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF THE AFORESAID SOUTH 1/2; THENCE ALONG THE WEST LINE OF SAID SOUTH 1/2 CONTINUE NORTH 00°10'51" EAST 333.01 FEET TO THE NORTHWEST CORNER OF SAID SOUTH 1/2; THENCE ALONG THE NORTH LINE OF SAID SOUTH 1/2, RUN NORTH 89°41'22" EAST, 50.00 FEET; THENCE RUN SOUTH 00°10'51" WEST 101.96 FEET; THENCE RUN SOUTH 89°49'09"EAST, 17.00 FEET; THENCE RUN SOUTH 00°10'51" WEST 20.00 FEET; THENCE RUN NORTH 89°49'09" WEST 17.00 FEET; THENCE RUN SOUTH 00°10'51" WEST, 211.06 FEET TO THE SOUTH LINE OF THE SAID SOUTH 1/2; THENCE ALONG SAID SOUTH LINE, RUN SOUTH 89°41'49" WEST 50.00 FEET TO THE POINT OF BEGINNING. 006.285425. -6- EXHIBIT "B" OCOEE CHURCH OF THE NAZARENE LS-99-015 SILVER STAR ROAD / SITE 0 LAKE OLYMPIA o ' C 0 WHITE ROAD LOCATION MAP N. T.S. -7- 006285425. EXHIBIT "C" [Insert Land Use Plan] D06 285425. -$-