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Home My WebLink AboutItem #16 Ocoee Oaks United Methodist Church - 101 S. Clarke Road ire cc�ent�er of Good L _ O • , AGENDA ITEM COVER SHEET Meeting Date: September 18, 2012 Item # `gyp ► Reviewed By: Contact Name: Michael Rumer { , �'� Department Director: Contact Number: Ext. 1018 City Manager: Subject: Request to Approve an Amendment to the Land Use Plan for the Church of the Nazarene PUD to Provide for an Ownership Change of the PUD to Ocoee Oaks United Methodist Church located at 101 S. Clarke Road District #2 — Rosemary Wilsen Background Summary: The Ocoee Church of the Nazarene received PUD and Site plan approval for a three phase church on March 4, 2003. Condition "D" of the PUD Conditions of Approval provide that the approval shall be applicable only to the Ocoee Church of the Nazarene and is not transferrable to any other owner without a public hearing and approval of the City Commission. The Ocoee Oaks United Methodist Church is proposing to purchase the property and does not intend to amend the approved site plan. Issue: Should the Honorable Mayor and City Commissioners approve a request to amend the Land Use Plan for the Ocoee Church of the Nazarene PUD to provide for an ownership change of the PUD to Ocoee Oaks United Methodist Church? Recommendations: Staff recommends that the Honorable Mayor and the City Commissioners approve the requested ownership change and amendment to the PUD Land Use Plan from Ocoee Church of the Nazarene to the Ocoee Oaks United Methodist Church located at 101 S. Clarke Road. Attachments: Ordinance Site Plan/ PUD Land Use Plan for the Church of the Nazarene Amended PUD Land Use Plan for the Ocoee Oaks United Methodist Church Financial Impact: N/A Type of Item: ® Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ❑ Consent Agenda ® Ordinance Second Reading ® Public Hearing ❑ Resolution ❑ Regular Agenda ® Commission Approval ❑ Discussion & Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney ❑ N/A Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) ❑ N/A ORDINANCE NO. (Ocoee Oaks United Methodist Church Amended Land Use Plan; Amendment to PUD Land Use Plan for Church of the Nazarene) TAX PARCEL ID #: 16- 22 -28- 0000 -00 -016 CASE NO. RZ- 12- 08 -06: Amended Land Use Plan AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING AN AMENDMENT TO THE LAND USE PLAN FOR THE CHURCH OF THE NAZARENE PUD ON CERTAIN REAL PROPERTY LOCATED AT 101 S. CLARKE ROAD, AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE CHURCH OF THE NAZARENE PUD LAND USE PLAN TO PROVIDE FOR A NAME CHANGE OF THE PUD TO OCOEE OAKS UNITED METHODIST CHURCH AMENDED LAND USE PLAN AND TO APPROVE CERTAIN REVISIONS TO THE CONDITIONS OF APPROVAL; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant ") of certain real property located within the corporate limits of the City of Ocoee, Florida, as described in the Exhibit "A" attached hereto has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to approve an amendment (the "Amendment ") to the Church of the Nazarene PUD Land Use Plan, as approved by the Ocoee City Commission on March 4, 2003 (the "Land Use Plan "); WHEREAS, the Amendment was scheduled for study and recommendation and was reviewed by the Development Review Committee ( "DRC ") on August 7, 2012; WHEREAS, the DRC determined that the Amendment constitutes a nonsubstantial change land use plan amendment and recommended approval of said Amendment; WHEREAS, on , the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Amendment and this Ordinance and determined that the Amendment and this Ordinance are consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91 -28, adopted September 18, 1991, as amended; and WHEREAS, the Ocoee City Commission considered this Ordinance in accordance with the procedures set forth in Section 166.041(3), Florida Statutes. -1- 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 VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Amendment to the Land Use Plan. The Ocoee Oaks United Methodist Church Amended Land Use Plan prepared by Scott Architecture Interior Design, date stamped received by the City on August 6, 2012, with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving same (the "Amended Land Use Plan ") is hereby approved, subject to the Conditions of Approval set forth in Section 3 below. The Amended Land Use Plan is attached hereto as Exhibit "B" and by this reference made a part hereof. Said Amended Land Use Plan supercedes and replaces the previously approved Land Use Plan. All references to the Land Use Plan shall hereafter refer to the attached Amended Land Use Plan. SECTION 3. Conditions of Approval. The property described in Exhibit "A" hereto shall be developed in accordance with and subject to the Conditions of Approval set forth in the Amended Land Use Plan. Notwithstanding anything herein to the contrary, in the event of any conflict between the Amended Land Use Plan referenced in Section 2 above and the Conditions of Approval set forth on the Amended Land Use Plan, the Conditions of Approval on the Amended Land Use Plan shall control. SECTION 4. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 5. Conflicting Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 6. 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 7. Effective Date. This Ordinance shall become effective ten (10) days after its passage and adoption. -2- PASSED AND ADOPTED this day of , 20 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Y (SEAL) ADVERTISED , 20 READ FIRST TIME . 20_ READ SECOND TIME AND ADOPTED . 20 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 20 . SHUFFIELD, LOWMAN & WILSON By: City Attorney -3- 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 114 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 °5017" 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 0 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. -4- LAND U PLAN 0 , ,.. it 1 ...,......_..„„„ ,....„ _.,.,,„ • 1 illi -- , ...7.—,...— 1 1.11 OCOEE OAKS UNITED METHODIST CHURCH -- i . , .,....... 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' of Advertisement • that ran in the ..rint media Date Published and Media Name Advertisement or Article CITY OF OCOEE NOTICE 05 PUBLIC HEARING NON- SUBSTANTIAL AMENDMENT TO THE PUD /LAND USE PLAN FOR OCOEE CHURCH OF THE NAZARENE CASE NUMBER: RZ- 12 -08 -06 NOTICE IS HEREBY GIVEN, pursuant to Sub- sections 4 -5. D of the City of Ocoee Lond Development Code, that on TUES- DAY, SEPTEMBER 18, 2012 at 7:15 p.m. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEAR- ING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the Non - Substantial Amendment to the PUD/ Land Use Plan for the transfer of the property from Ocoee Church of the Nazarene to Ocoee Oaks United Meth - odist Church. The PUD is located at 101 5. Clarke Rood. AN ORDINANCE OF THE CITY OF OCOEE, FLORI- DA APPROVING AN AMENDMENT TO THE LAND USE PLAN FOR THE CHURCH OF THE NAZARENE PUD ON CERTAIN REAL PROPERTY LOCATED AT 101 S. CLARKE ROAD, AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE CHURCH OF THE NAZARENE PUD LAND USE PLAN TO PROVIDE FOR A NAME CHANGE OF THE PUD TO OCOEE OAKS UNITED METHODIST CHURCH AMENDED LAND USE PLAN AND TO APPROVE CERTAIN REVISIONS TO THE CONDITIONS OF NAPPROVAL; : PROVIDING REPEALING INCONSISTENT V I O Y, PR O- VIDING AN EFFECTIVE DATE. Interested parties may appear at the public hearings and be heard with re- spect t0 the proposed actions above The complete case file including a complete legal description by metes and bounds, may be inspected at the Ocoee Development Services Deport - ment/Planning Division located at 155 North Lakeshore Drive, Ocoee, Flori- da between the hours of 8:00 a.m. and 5:00 P m„ Monday through Friday, ex- cept legal holidays. t he City Commission may continue the Publ lc hearings to other dates and times, as it deems necessary. Any in• ierested party shall be advised of the dates, times, and places of any conhn uation of these or continued public hearings shall be announced durmq the hearings No further notices re garding these matters will be our fished. You are advised that any per son who desires to appeal any deusic made at 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 need- ing assistance to participate in any of these proceedings should contoct the City Clerk's Office 48 hours in advance of the meeting at 407.905.3 Beth Eikenberry, City Clerk OLS1202537 09'06/2012