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Home My WebLink AboutItem #14 Glad Tidings Assembly of God Church/Special Exception Amend. AGENDA ITEM COVER SHEET Special Meeting Date: July 17, 2007 Item # 14 Contact Name: Contact Number: J. Antonio Fabre, AICP (407) 905-3100 x 1019 Reviewed By: Department Director: City Manager: f~ ___ Subject: Glad Tidings Assembly of God Church/Special Exception Amendment Preliminary Site. Plan for Special Exception Project # 2-06-SE-008 Commission District # 1 - Gary Hood ISSUE: Should the Mayor and City Commissioners approve the Glad Tidings Assembly of God Church/Special Exception Amendment and Preliminary Site Plan for Special Exception? BACKGROUND SUMMARY: Glad Tidings Assembly of God Church is proposing to increase their existing Special Exception use to include an additional vacant parcel (3.495 acres) that they acquired adjacent to the subject church (8.965 acres) property. The existing 12,000 square feet church facility is located on the north side of Fuller's Cross Road, approximately 750 feet east of Ocoee-Apopka Road. The total subject property is approximately 12.46 acres in size, zoned R-1A (Single-Family Dwelling). The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Low Density Residential Single-Family Dwelling Vacant, undeveloped property (R-1A) East Commercial Commercial (PUD) Vacant, (City of Ocoee) Crown Point South Low Density Residential Single-Family Dwelling Vacant, site of the proposed Eagle Creek (R-1AA) Residential PUD West Low Density Residential Orange County Single Family Residence Aqricultural (A-1) The applicant submitted a site plan detailing the phasing of an expansion of their existing church facility. Upon submission of the site plan, the applicant was notified that a Special Exception is required for the additional land, and that the Special Exception Amendment is required to be obtained prior to final site plan submittal. DISCUSSION: The applicant has submitted a Special Exception with a Preliminary Site Plan detailing the construction and phasing of additional church facilities. For Phase II (Phase I is existing), the site plan consists of a two-story 34,000 square feet (footprint 20,000 square feet) school and office building addition expanding the rear of the existing church structure. This phase will also include a 5,380 square feet play area for the children and associated additional parking. For Phase III, the plan illustrates a 5,000 square foot office building addition expanding the front of the existing church structure. The ultimate build-out (Phase IV) will consist of a 26,000 square feet Church Sanctuary addition expanding to the east on the acquired land. The applicant will be dedicating 20 feet of additional right-of-way along Fuller Cross Road as part of this approval. It should be noted that Tract "B" which is the eastern half of this right-of-way dedication has the following stipulation (COA#2) with its dedication. "In the event the Owner is required to make a proportionate fair-share payment in accordance with the requirements of Section 9-9 (Proportionate Fair-Share Mitigation of Development Impacts on Transportation Corridors) of the Ocoee Land Development Code, or is otherwise required to contribute monies to the City towards the cost of constructing any off-site improvements to mitigate transportation impacts resulting from the development of the Property, then, in consideration of the conveyance of Tract B to the City, the City will credit towards such payment the fair market value of Tract B, as of the date on which the City Commission approved this Special Exception." A traffic impact study will be required for as part of the Phase II development for the entire build-out scenario as previously agreed upon. Furthermore, an additional 12 feet of right-of-way will be dedicated if the Traffic Study warrants it. All developments shall integrate on-site circulation, access points, shared access, and cross-access among adjoining projects per Land Development Code. Therefore, this project also provides for joint-access easements among the adjoining properties. The Land Development Code defines Special Exception as a use that would not be appropriate without restrictions throughout the zoning division or district. However, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare, such uses would be appropriate. (Emphasis added). In accordance with Section 4-8.B. (2) of the Land Development Code, the proposed use must be considered in relation to the compatibility with the surrounding land uses. As previously mentioned, the predominate adjoining land use to the east is commercial. The rest of the surrounding land use is either vacant or large lot residential. Church and child care facilities are compatible with either commercial or residential uses, and are generally located in close proximity to commercial areas. Based on this, the use is anticipated to be compatible with the surrounding uses in the proposed location. Additionally, the proposed use is not anticipated to: . Violate the health, safety, welfare, andlor convenience of those working or owning land in the vicinity of the proposed use or structure . Impair pedestrian or vehicular movement in adjoining streets so as to violate adopted level of service standards . Result in noise, odor, glare, vibration, or other similar characteristic which is detectable at the property line and which exceeds the level which will result from permitted uses . Prevent an adjoining landowner from the legal use of his property pursuant to the Land Development Code . Violate a requirement of limitation of any applicable state or federal law or regulation . Exceed the applicable density or bulk regulations except as specifically authorized, nor shall the use or structure result in overcrowding of land or buildings . Create a fire hazard DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on May 29, 2007 and reviewed the Special Exception application and Preliminary Site Plan for Special Exception. There were several minor technical issues to be addressed from the City Attorney's Office and Planning Division that were identified in written staff comments and presented verbally. All of the issues were discussed and a few minor changes to the plans were agreed upon. When the discussion was finished, the DRC voted unanimously to recommend approval of the Special Exception for Glad Tidings Assembly of God Church, subject to the applicant making changes specified in the reports. These changes were made and shown on the plans date stamped received June 4, 2007. However, three items were not properly addressed; the following items are: . Revising Condition of Approval #5 to actually reflect the agreed upon language outlined in the staff review comments (Planning Division dated May 29, 2007) "Left turninQ lanes at each proiect entrance shall be provided based on the Phase II traffic analvsis at the sole cost of the developer."; . The additional road right-of-way should be label Tract "A" and "B" accordingly as referenced on Condition of Approval #2. . Indicate total square footage for Phase II (20,000 square feet footprint + 14,000 square feet for 2nd floor) 34,000 square feet. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed Glad Tidings Assembly of God Church/Special Exception and the Preliminary Site Plan for Special Exception at a Public Hearing on June 12,2007. City Staff presented a brief overview of the project and answered several questions regarding the existing and proposed special exceptions. All of these questions were addressed adequately in the P&Z meeting. The Public Hearing was opened for the Glad Tidings Assembly of God Church/Special Exception. There was no one from the public to speak regarding this special exception approval. Still, Clinton Howell, Executive Pastor of Glad Tidings, did approach the podium and said he was here tonight with his contractor, engineer, and a member in case the board had any questions. He also stated his appreciation for the board hearing his case. Member Campbell said it looked like a nice program. He asked if the plans would have to come back before the board again. City staff did confirm that Phase II is considered (greater than 25,000 square feet) a "Large Scale" Site Plan and therefore subject to P&Z and City Commission review and approval. Anything less like the Church Office addition (Phase III) could be handled administratively. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the Glad Tidings Assembly of God Church/Special Exception and the Preliminary Site Plan for Special Exception as date stamped received by the City on June 4, 2007, subject to incorporating the three items mentioned above prior to the City Commission meeting. After subsequent submittal and review, the Preliminary Site Plan for Special Exception (date stamped July 10,2007) addressed all remaining issues. RECOMMENDA liONS: Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Glad Tidings Assembly of God Church/Special Exception Amendment and Preliminary Site Plan for Special Exception date stamped received by the City on July 10, 2007. Attachment: Location Map; FLU Map; Zoning Map; Aerial Map; Special Exception Site Plan date stamped July 10, 2007. Financial Impact: N/A Type of Item: ~ Public Hearing o Ordinance First Reading o Ordinance Second Reading o Resolution ~ Commission Approval o Discussion & Direction For Clerk's Deof Use: o Consent Agenda o Public Hearing o Regular Agenda D Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) ;'// D N/A D N/A D N/A 9 Glad Tidings Location Map w Q Ocoee Community Development Department 1 inch equals 731.471856 feet 230115 0 230 460 690 Feet Printed: June 2007 C Subject Property r:rt"I"I Unincorporated Territory I....lJ.J"I and Other Municipalties ;:: - I Low Density Residential _ Medium Density Residential _ High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilitiesllnstitutional Lakes and Water Bodies Glad Tidings Church Future Land Use Map Q Ocoee Communrty Development Department 1 inch equals 731.471856 feet 240120 0 240 480 720 Feet Printed: June 2007 CSUbject Property EEl Unincorporated Territory and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) :::-:~ Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subdivision (RT-1) _ Professional Offices & Services (P-S) _ Neighborhood Shopping (C-1) _ Community Commercial (C-2) _ General Commercial (C-3) _Restricted Manufacturing & Warehousing (1-1) _ General Industrial (1-2) is! Commercial (PUD) 1m Low Density (PUD) _ Medium Density (PUD) I!I High Density (PUD) _ Public Use (PUD) / // Unclassified Lakes and Water Bodies Glad Tidings Church Surrounding Zoning Map " ".' ;' .0 .':,~.: .:. . .' _0 o. ',; ..... '. . . . " .' ' , 0 ~.~ , -.~ -, ". . "/ "", ~, ':"', ", . .. "#"..' "- 1'" '.. '''-: ." j' , . ./ "J .-..... ~."', .:...:1_ -" ,- -"- 01.-T~ Copy of Public Hearing Advertisement Date Published l~lkJ1d ay ( 1ut ~ S, ~oD1 DV{a.~JD farh'Ytd C{ (). r j (Aick; Advertisement GLAD TIDINGS BLY OF GOD SPECIAL ON Z.06.SE-Oll8 ' NOTICE IS HEREBY GIVEN. pursu. ,ant to Section 4.8 A. (3). 'Ocoee Land Development . Code, that an Tuesday, July 17, 1007, at 7~5 p.m., or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the Ocaee City Commission Chambers, 150 North Lake. shore Drive, Ocoee, 'Flori- da, to consider a request for Special Exception for ex. panding the Church use. The property is located at 2009 Fullers Crass Road. The parcel I.D. Number is 06.22.28.0000.00.012. The complete case file, in. cluding a complete legal de. scription 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 Fri. day, except legal holidays. The Ocoee City Cammissian I ~~~inCgO~6i ~r""e/~~t~~~I~a times, as it deems neces. sary. Any interested party shall be advised that the dates, times, and places of any continuation af these or continued public hearings shall be annaunced during the hearings and that no further notices regarding these matters will be pub- lished. Interested parties may appear at the public hearings and be heard with respect to the prapased Spe- cial Exception far the prop- erty. Any person wishing to appeal any decision made during the public hearing will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of I ~hlc~rl;,~T~3~~1~e i~em~.,: ny and evidence upon which ~~~s a~rt~a~i~~~ftfr:,~' rie~d: i~g aa~:i":f~~~ tgro"(~~~rna~~ should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905-3105. Beth Eikenberry, City Clerk o LS3983n 7/5, 2007