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HomeMy WebLinkAbout09-20-94 MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR "-' MEETING HELD September 20, 1994 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. Rev. Lester Weldon, Ocoee Church of God of Prophecy, led in the prayer and Mrs. Hilda Ems, president of S.A.L.T., led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift. Commissioners Combs, Foster, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Personnel Director Psaledakis, Planning Director Wagner, Building Official Flippen, Public Works Director Brenner, Fire Chief Strosnider, and City Clerk Grafton. ABSENT: None PRESENT A TIONS AND PROCLAMATIONS Mayor Vandergrift presented the following Proclamations: Fire Prevention Week - October 6 - 15, 1994. Grandmothers' Month - October, 1994. Special Recognition - Jewell Vernon Long, for earning his GED at age 90 years. ~ CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Gleason. seconded bv Commissioner Combs. moved to aporove and accept the consent al!enda as presented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Re~ular Meetinl: held September 6. 1994 and Budl:et Public Hearinl: held September 7. 1994. B. Approval and Acceptance of Wesmere Villal:e 12 & 13 - Final Subdivision Plans. COMMENTS FROM CITIZENS/PUBLIC Mrs. Frances Watts, 43 Shell Key Court, asked that Kissimmee Avenue be striped from Story Road to McKey Street as it is difficult to see where the road is at night and in bad weather. Mrs. Watts also advised that a light on the Sysco property shines directly into the driver's eyes when traveling on Kissimmee Avenue, causing a hazard. Mr. Shapiro advised that Sysco plans to expand soon and any striping done now would be messed up but that someone would contact Sysco about redirecting the light. Mr. Carl Meyer, 2205 Essex Drive, and Mrs. Ileana Tripp, 2200 Essex Drive, advised that they had reported a problem with standing water in the sidewalk area at Mrs. Tripp's address causing mosquitoes, bugs, snakes, and algae but nothing had been done as yet. She asked whose responsibility it was to keep it clean. Mr. Shapiro advised that staff will check into it. ......... Ocoee City Commission Regular Meeting ~ September 20, 1994 Mrs. Mary Myers, 140 W. Circle Key Drive, expressed her appreciation for the lights recently put in Pioneer Key Park I, and for the neighborhood watch program. PUBLIC HEARINGS SECOND READING OF ORDINANCES ORDINANCE NO. 94-22, RELATING TO THE RIGHT-OF-WAY UTILIZATION PERMITTING PROCESS. This ordinance was presented by title only for the second reading and public hearing. City Engineer Shira gave the staff report. The public hearing was opened. As no one wished to speak the public hearing was closed. Commissioner Foster seconded bv Commissioner Johnson, moved to enact Ordinance No. 94-22 as oresented. On roll call Commissioner Combs voted "ave." Commissioner Foster "ave." Commissioner Gleason "ave." Commissioner Johnson "ave." and Mavor Vanderl!rift "ave." Motion carried 5-0. ORDINANCE NO. 94-23, RELATING TO PROCEDURES FOR REFUND OF WATER/SEWER DEPOSITS. This ordinance was presented by title only for the second reading and public hearing. Mr. Shapiro advised that this ordinance was prepared at Commission direction. The public hearing was opened. As no one wished to speak, the public hearing was closed. Mavor Vanderl!rift. '-'" seconded bv Commissioner Gleason. moved to enact Ordinance No. 94-23 as oresented. On roll call Commissioner Combs voted "ave." Commissioner Foster "ave." Commissioner Gleason "ave." Commissioner Johnson "ave." and Mavor Vanderl!rift "ave." Motion carried 5-0. RECESS 8:25 P.M. TO 8:37 P.M. ORDINANCE NO. 94-24, REZONING PER CASE NO. R94-07-02: WINTER GARDEN SEVENTH DAY ADVENTIST CHURCH. This ordinance was presented by title only for the second reading and public hearing. City Attorney Rosenthal reviewed the procedure for quasi-judicial issues as it related to this agenda item and the two following items. Planning Director Wagner read the staff report dated September 1, 1994 into the record. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason. seconded bv Commissioner Foster, moved to adoot Ordinance No. 94-24 as oresented. On roll call Commissioner Combs voted "ave." Commissioner Foster "ave." Commissioner Gleason "ave." Commissioner Johnson "ave." and Mavor Vanderl!rift "ave." Motion carried 5-0. CASE NO. 1-4SE-94:WINTER GARDEN SEVENTH DAY ADVENTIST CHURCH SPECIAL EXCEPTION. Planning Director Wagner read the staff report dated September 15, 1994 into the record. ....... 2 Ocoee City Commission Regular Meeting "-" September 20, 1994 City Attorney Rosenthal entered into the record items distributed at the beginning of the meeting: 1) Transcript of the Development Review Committee Meeting of August 9, 1994 regarding this matter; 2) Copy of correspondence dated October 11, 1989 from Mr. William Massi, Manager, Orange County Engineering Department, to Mayor Thomas R. Ison regarding Wofford Road; Rosenthal's memorandum dated September 20, 1994, which included copy of the Land Development Code setting forth the standards to be considered by Commission in action on a Special Exception. Mr. Rosenthal gave a legal opinion regarding the DRC recommendation that a motion made by Mr. Shapiro was not included in the recommendation as presented and that Condition Number 8 should be set forth as follows: "(8) That Wofford Road be improved by the Church from State Road 50 to the Church entrance prior to issuance of an occupational license for the child care facility and that such improvement be as a stabilized road adequate to support fire truck access to the Church property, with the qualification that the City determines that it has jurisdiction over this portion of the roadway and can approve any improvements thereto. " (Revisions underlined) Mr. Rosenthal recommended also that Condition Number 5 should be revised to include ..." or such other religious organization as may subsequently own the subject property." In addition, .'-'" Mr. Rosenthal recommended the following Findings of Fact: 1. No special exception has been previously granted by the City to use the property as a school or as a child care facility. 2. No occupational license has been issued by the City for use of the property as a school or as a child care facility. 3. Use of the property as a church is permitted without a special exception because the property was used as a church at the time of annexation in 1974 and has been continuously used as a church. 4. In October 1989, the County advised the City that it would no longer maintain Wofford Road between SR 50 and Story Road. 5. In order to protect the health, safety and welfare of persons attending the school and/or child care center, certain improvements to Wofford Road are required. The specific improvement required is a stabilized road adequate to support fire truck access to the property. 6. The property is suitable for up to a maximum of 61 teachers and students, subject to upgraded fire safety improvements necessary in order to meet current Code requirements. The public hearing was opened. Mr. Frank McMillan, representing the Conference of Seventh Day Adventist Churches, apologized for not getting the special exception when the property was first brought into the City, and said that the Church has no objections to Conditions 1 through '--' 3 Ocoee City Commission Regular Meeting '-" September 20, 1994 7. He expressed agreement with the modifications to Number 5 as recommended by Counsel. Mr. McMillan submitted for the record a letter dated July 17, 1990 from the City of Ocoee Public Works Director to the City of Winter Garden saying that the cities shared responsibility for maintenance of Wofford Road and another letter dated July 24, 1990 from Janet Resnik, City of Ocoee, indicating the City had assumed the responsibility of maintaining the road. He asked that Commission approve continuation of the school of at least 25 staff/ students and asked for the improvements to be necessary when they reach 61 in number. Ms. Cheryl Wofford Bushie, and Mr. Ronald Wofford, both neighbors to the church, addressed the issue of additional traffic and Mr. Frank Thompson distributed pictures of the road. Mr. Ron Priest, Pastor of the church, said the road should have been graded on a regular basis, and that recent extensive grading in the last few days had caused a problem. The public hearing was closed. Following a discussion regarding possible solutions, Mr. McMillan requested that the matter be continued for 30 days. Mr. Shapiro said that would give Staff an opportunity to research ~ the possibilities. Mr. Rosenthal pointed out that if a continuation is agreed to, the City would be allowing the school to continue but no expansion would be allowed. In response to Commissioner Foster's question about talking to the participants, Mr. Rosenthal responded that Commission should communicate only through Staff. Commissioner Combs. seconded bv Commissioner Foster. moved to continue Case No. 1-4SE- 94: Winter Garden Seventh-Dav Adventist Church to October 18. 1994 at 7:30 O.m. Motion carried 5-0. RECESS 9:59 P.M. to 10:05 P.M. CASE NO. 1-3SE-94:ST. PAUL'S CHURCH - SPECIAL EXCEPTION. Planning Director Wagner entered into the record his staff report dated September 15, 1994, and advised that Staff recommended approval of the special exception to permit a temporary placement of a modular classroom building on site based on the DRC unanimous vote of August 9, 1994 to amend St. Paul's Presbyterian Church Special Exception subject to the following conditions: 1) That the Amendment is subject to the same three conditions of approval of the Special Exception granted November 16, 1993; '-" 4 Ocoee City Commission Regular Meeting ~ September 20, 1994 2) That the site plan be administratively approved by City Staff; 3) That the modular building meet all applicable building and fire safety codes; and 4) That the Amendment is temporary for a one year period until permanent facilities are constructed. Bryan Stamper, Pastor of St. Pauls Presbyterian Church, was present to answer questions. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason. seconded bv Commissioner Combs. moved to aporove the soecial exceotion as recommended bv Staff. On roll call Commissioner Combs voted "ave. " Commissioner Foster "ave." Commissioner Gleason "ave." Commissioner Johnson "ave. " and Mavor Vanderl!rift "ave." Motion carried 5-0. FIRST READING: ORDINANCE NO. 94-25, AMENDING ARTICLE IX OF LAND DEVELOPMENT CODE REGARDING CONCURRENCY. Second reading and second public hearing are scheduled for October 4, 1994 at 7:30 p.m. This ordinance was presented by title only for the first reading and public hearing. Mr. Rosenthal announced that this was the first of two public hearings scheduled for this item. '-" Analyst Resnik advised that this step was necessary in order to put the recently adopted provisions into the Comprehensive Plan. The public hearing was opened. As no one wished to speak, the public hearing was closed. Mayor Vandergrift announced the date and time of the second reading and public hearing. RESOLUTION NO. 94-19, VACATING/ABANDONING A PORTION OF REBA STREET. Mr. Rosenthal presented this resolution by title only and advised that in the body of the resolution the references to September 20, 1994 had been changed to September 6, 1994 on the original, that the easements referenced in the staff report are included in the text and the utility companies have approved the easements. The public hearing was opened. Mr. Jerry Scott, 500 Apricot Drive, raised several questions. The public hearing was closed. Commissioner Gleason. seconded bv Commissioner Johnson. moved to adoot Resolution 94-19 as oresented. Motion carried 5-0. RESOLUTION NO. 94-20, VACATING/ABANDONING A PORTION OF RIGHT-OF- WAY OF OAK STREET. This resolution was presented by title only. During the presentation Mayor Vandergrift left the table for three minutes at 10:25 p.m., turning the gavel over to Mayor pro tern Johnson. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Foster. seconded bv Commissioner Combs. moved to adoot Resolution No. 94- '-" 5 Ocoee City Commission Regular Meeting ~ September 20, 1994 20 as oresented. Motion carried 5-0. DEL GUERCIO ESTATES - PRELIMINARY/FINAL SUBDIVISION PLANS AND FINAL PLAT. Planning Director Wagner presented the staff report and recommendation to approve subject to the items listed by City Attorney in a memo dated September 14, 1994. Those items included providing certain receipts and documents, relocating easements, and confirming that the legal description accurately identifies the property. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason. seconded bv Commissioner Johnson. moved to aoorove staff recommendation as oresented. Motion carried 5-0. RECESS 10:35 P.M. TO 10:45 P.M. OTHER BUSINESS RESOLUTION NO. 94-16, ESTABLISHING RIGHT-OF-WAY UTILIZATION PERMIT FEES. This resolution was presented by title only. Commissioner Combs. seconded bv Commissioner Gleason. moved to adoot Resolution No. 94-16 as oresented. Motion carried 5-0. '-" RESOLUTION NO. 94-21, RELATING TO PERFORMANCE EVALUATION SYSTEM FOR GENERAL EMPLOYEES. This resolution was presented by title only. Personnel Director Psaledakis thanked former Mayor Dabbs for his input and explained that this document reduces the employee performance evaluation manual to 2 pages. Mavor Vandere:rift. seconded bv Commissioner Combs. moved to adoot Resolution No. 94-21 as oresented. Motion carried 5-0. RESOLUTION NO. 94-22, RELATING TO THE ACCRUAL OF INTEREST ON WATER/SEWER DEPOSITS, THE PAYMENT OR FORFEITURE OF THAT ACCRUED INTEREST, REFUND OF DEPOSITS AND/OR APPLICATION OF DEPOSIT UPON TERMINATION OF WATER/SEWER SERVICES. This resolution was presented by title only. Administrative Services Director Beamer gave the staff report. Commissioner Combs. seconded bv Commissioner Gleason. moved to adoot Resolution No. 94-22 as oresented. Motion carried 5-0. DIRECTION RE: CHARTER REFERENDUM REGARDING MUNICIPAL ELECTION DATE. Mr. Rosenthal presented his report on the options regarding the municipal election date. Commissioner Johnson. seconded bv Commissioner Gleason. moved to leave the issue alone and ask the State to oass a soecial bill. Motion carried 5-0. ~ 6 Ocoee City Commission Regular Meeting ~ September 20, 1994 APPOINTMENTS TO BOARDS GENERAL EMPLOYEE PENSION BOARD - Tanya Miller's two year term expires October, 1994. Commissioner Combs. seconded bv Commissioner Johnson. moved to reaoooint Tanya Miller to the General Emolovee Pension Board for a two year term exoirinl! October 1. 1996. Motion carried 5-0. FIRE/POLICE PENSION BOARD - Nora Gledich's two year term expires October 1994. Commissioner Johnson. seconded by Commissioner Gleason. moved to reaoooint Nora Gledich to the Fire/Police Pension Board for a two year term exoirinl! October 1. 1996. Motion carried 5-0. CODE ENFORCEMENT BOARD - Mark Slaby's resignation has been submitted. Commissioner Johnson. seconded by Mavor Vandererift. moved to table this item until October 4. 1994. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. '-" COMMENTS FROM COMMISSIONERS Commissioner Combs: - Praised Prima Vista Homeowners Association for the attractive entrance improvements and trees all around the subdivision. Commissioner Gleason: 1) Congratulated City Manager Shapiro, Personnel Director Psaledakis and Acting Police Chief for hiring the new Police Chief. 2) Thanked Administrative Services Director Beamer for her efforts in completing the new municipal complex, City Clerk Grafton for planning the grand opening and the large number of citizens for attending the event. 3) Advised that there is a sink hole needing attention in the WalMart Shopping Center behind McDonalds near the stop sign. 4) The front of Good Homes Plaza continues to wash away and be unsightly. 5) Said that he is not looking for the City to become involved in Homeowners Associations affairs but does want a policy holding developers responsible for a development until it is turned over to the city. 6) Asked Public Works Director Brenner to do something to the Sidewalk on Orlando A venue near the West property as it is impassable due to weeds. 7) Thanked Prima Vista Homeowners Association for their efforts on beautifying the entrance. 8) Asked that the speed limit sign in Sleepy Harbor be placed closer to the entrance. "-' 7 Ocoee City Commission Regular Meeting \...or September 20, 1994 Commissioner Foster: No comments at this time. Commissioner Johnson: 1) Street lights in the Ocoee Hills Road/Flewelling A venue area must be out as it is very dark there. 2) Expressed appreciation for the open house for the new municipal complex. Mavor Vander~rift: 1) Thanked Brian Hayes for the community service rendered and the manual on loss prevention he prepared for the City to be distributed to the citizens. 2) Congratulated Thomas Higgins for achieving the Eagle Scout designation. 3) Distributed maps showing proposed routes for Lynx System and said that Paul Skoutelas has committed to one or two lines in the city by the end of this year. 4) Expressed mixed emotions about this week being the last time commission meetings will be held in this building. 5) Announced again that the City will sponsor a team for the Heart Association Bowlathon on October 2, 1994. ADJOURNMENT ~ The meeting adjourned at 11 :30 p.m. Attest: APPROVED: City of Ocoee ~ 8 ~ "C ATTACH~ffiNT TO MINUTES OF OCOEE CITY COMMISSION MEETING HELD ON SEPTEMBER 20, 1994 AGENDA 9-20-94 Item V D LITY OF UCOEE 150 N. LAKESHORE DRIVE OCOEE FLORIDA 34761-2258 (407) ~2322 COMMISSIONERS RUSTY JOHNSON PAUL W. FOSTER VERN COMBS JIM GLEASON aTYMANACER ELLIS SHAPIRO SRP-452 STAFF REPORT DATE: TO: FROM: September 15, 1994 The Honorable Mayor and Board of City Commissioners Russ Wagner, Director of Planning ~ Special Exception Application Winter Garden Seventh-Day Adventist Church Case No. 1-4SE-94 SUBJ: ISSUE: ~ Should the Honorable Mayor and Board of City Commissioners approve a Special Exception for the Winter Garden Seventh-Day Adventist Church to operate a school and child care facility in an R-2, One- Family and Two-Family Zoning District? BACKGROUND: The Winter Garden Seventh-Day Adventist Church intends to continue operating an existing private school and begin operation of a public child care center at its existing facility on Wofford Road. The Ocoee Land Development Code only permits such uses by Special Exception within R-2, R-3, C-1, C-2, C-3 and 1-1 zoning districts. This tract is currently zoned R-1AA, Single Family Dwelling District; however, the accompanying rezoning petition (Case No. R94-07-02) if approved, will permit this Special Exception to be considered in a manner consistent with the Comprehensive Plan. DISCUSSION: The Winter Garden Seventh-Day Adventist Church facility was annexed into the City in 1974. Due to the fact that the church was annexed without the requirement of a Special Exception, it is "grandfathered" as a permitted use. In 1983, the church began operation of a private school which was never permitted by a Special Exception as called out by the zoning ordinance of that time. Consequently, the application incorporates this existing use to make it legally permitted. The child care center is an additional use which the church intends to add to help support its ministry. "-" ~ I;; Staff Report - Case No. 1-4SE-94 ~ September 15, 1994 Page 2 Access to the facility is via Wofford Road, a clay street which extends from S.R. 50 to Story Road. Being in close proximity to S.R. 50 and neighboring businesses in the area, the child care center would be located to permit working parents to drop children off on the way to work and pick them up on the way home. Consequently, the use would likely benefit from pass-by traffic and generate few additional trips on that roadway; however, additional trips on Wofford Road could be a maintenance and safety problem with the addition of significant daily traffic. Staff has inspected the premises and found them to be suitable for up to a maximum of 61 teachers and students at a maximum occupancy load of 20 s.f. per individual. Also, some upgraded fire safety improvements will be necessary in order to meet Code, and utilities should be checked to ensure they are capable of handling increased daily loading. PLANNING ~D ZONING COMMISSION RECOMMENDATION: ~ At their meeting of August 24, 1994, the Planning and Zoning Commission had a split vote (2-2) on the Staff Recommendation, as modified by proposed amendments to item #8. The P&Z Commission chose not to take any further action on the Special Exception Application, and therefore, no formal recommendation has been forwarded to the City Commission. The P&Z did want to indicate, for the record, that the membership had no problem with items 1 through 7 of the Staff Recommendation, but that item 8 was unresolvable. In general, the P&Z could not agree on appropriate language for item #8, but it was their belief that the applicant should not bear the entire burden of the cost for any required improvements on Wofford Road. STAFF RECOMMENDATION: Based upon DRC approval at a meeting held August 9, 1994, staff respectfully recommends that the Winter Garden Seventh-Day Adventist Church Application for a Special Exception to operate a school and child care facility be approved subject to the following conditions: 1) That R-2 zoning be granted; '-' \w- \.... \.. Staff Report - Case No. 1-4SE-94 September IS, 1994 Page 3 2) That all required fire code safety items per the Fire Department be corrected prior to issuance of an Occupational License for the child care center; 3) That the total number of teachers and students utilizing the facility as a school and/or child care center be limited to a maximum of 61 individuals; 4) That a Final Certificate of Concurrency be secured prior to issuance of an Occupational License; 5) That the school and child care center be operated by the church and not a private organization; 6) That the school and child care center be licensed to meet appropriate state requirements; 7) That the potable water well and septic tank system be certified by Orange County for the approved building capacity and use; and 8) That Wofford Road be improved from S.R. 50 to the church entrance prior to issuance of an occupational license for the child care facility, with the qualification that the City determines that it has jurisdiction over this portion of the roadway and can approve any improvements thereto. RBW/emk cc: Ronald Priest, Pastor Case File No. 1-4SE-94 Attachments ~ \.. ~ EXHIBIT nAn WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH LEGAL DESCRIPTION: Froa tAe ~or~heast corner of the Southeas~ 1/4 of tbe Sou~~east 1/4 of Section 24, Township 22 South, Range 11 East, run South 00 degr~es 00 mia.utes ~O seconds .Ea..st 399.74 feel; along. the. Eas~ bau~dary of the Southeast 1/4 of said Section 24 for a poiat of beginning; theac~ coatinue South 00 degrees 00 minutes 40 seconds East 179.26 feet: along said East boundary; thence South 88 degrees 32 minutes 26 second~ West 94S feet parallel with the ~orth boundary or the Southeast 1/4 of the Southeast. 1/4 ':)f said section 2~; thence ;~ort.'1 00 tegrees 00 minutes 40 secoads West 234.15 fee~; thence South 88 degrees Qi ~inutes 53 seconds East 945.20 fe~t alor.g ~he ceQter lice of a ditc~ to the poigt of beginning. (Con'ta..iaiag 4 .484~' acres).... ~: ~ CITY OF OCOEE SPECIAL EXCEPTION CASE NO. 1-4SE-94: WINTER GARDEN SEVENTH-DAY ADVENTIST REQUESTED SPECIAL EXCEPTION SCHOOL AND CHILD CARE FACILITY a~1''( "o\' . c1' i' l ., 9 J E. . S \oJ b I ~. I.... I I !~' l STORY RO I I ~Ef ~'lili i I I SR 50 l~ (FOR ~::VSTRATION PURPOSES CNLY) TrilS SPACE FOR CITY USE ONLY ::=:~ r=:~~(0::-::~~~ jL:l)G. iL.. )~t ' \~ ~~.I ; IrlF' 1 \ Li JUl 2 9 1994 CITY OF aCOEE . ;..... (; ...; C it r!r'11h -Oil 1/ . . . 4dtl~\f;t;f PROJECT NO. J--'lc5E- 9 i: FE: wa/(/-IJtX. ~1 8e/-. DEPOSIT AMOUNT w'all/~cL" ".j!lfA DATE PAID RECEIPT NO. - "-' CJTY OF OCOEE APPUCATlON FOR SPECJAL EXCEPTlON (PLEASE TYPE OR PRINT ALL INFORMATION) SPECIAL EXCEPTTON S 750.00 (This application is only for those spaciaJ exceptfons'which are consistent with the CIty ot Ocoee's Comprehensive Plan. All others must submit Comprehensive Plan Amendment applications.) ('/1 \.KOf\~ \~ n. Pr;e"'5-t, Po..sicr) APPUCANTS NAME: lUiY\+t'( ba('~c(j oCilcni-h -CfQ'-1 ft.l()en+r~i APPUCAIIIT'S A~ESS: P G . 6e y: 77 I (1'1 L0 <' n -I:e , b~ .,d en, ~ q~'~~ ct1? Ll\of"Ford f2d, (6ccee') I -' 1. 2. TEL.:?HONE NUMBER: '-{. 0"'7 - fc '5 (: - ,3SLf 4. j':: ~ - ..... .,~ OWNER OF RECORD: 'F= leI' (do, Co ,'\-fetencc.:- /4<3 see? Q{t'cv,\ er '5 ev CI. \Tr'\ -do.." Acl\Je (1"\151'5 OWNER'S ADDAESS:~' G. 6 eX' -lre-J.t,c . UJ i'l +e4~ PO.lK ' p(. ~oz. 7 erCJ ~6616 (p.t.j'i-5(j~C tl~: ~~kJ~ (If more tnan ane owner, ;:lease attacH additional sheets) ~ ' . I . ../............,;/, /' .-i;" -,... .,\ ~ '~..-:....._:-; .-" NOTE: A separate application fee is ccilected for each action sought and for iion-contiguous parcsls or for parcels held under separate ownership. Upon request. payment at the above fee entitles the applicant to a c:=py of the City ot Oc:=ee's Land Development Regulations. 3. PROPE.~TY LOCATION: A. DIRECTIONS TO PROPE.=tTY: Wuffc {' J P.d. \ ( e s be-h.u c e.vl H. U;\J. C) C -t 5 -rc (y ~\. 'l\..V~+ LCC~ t ai"- -t+.P . v , \ ,~,-\.-r-= A \ I...C+lC(\. a. L..:GAL CESCliIPTlON: All.. APPUCATlONS MUST PROVIDE r~RE= (3) E<ECUTED. CE.=tTiFiED AND SEAt.=D SOUNDARY SURVEYS FOR TriE SU8JECi PARCE!... WHICH SHALL INCLUDE A METES-AND-SOUNDS LEGAL DESClilPTION. ATTACH' SURVEY WITH \... FCAM-19 AppHC3don for Spec:aJ Exception .'-' FULL LEGAL DESCRIPTION AS EXHIBIT. SPEC:FY BET_OW: SECTlON-TOWNSHIP- RANGE-SUBOIVISION-lOT-AND-8LOCK. AS APPUCA8~ C. PROPS:;ry TAX 10. NO(S): "~'lq-a1 l./f, t'1 - 5"')(" , 4. BRIEFLY SPECIFY THE DevELOPMENT HISTORY AND OWNERSHIP OF THE SUBJECT PARC8.{S) SINCE JANUARY 1, 1985, INCLUDING YEAR LOTWAS CREATED, PRESENT ZONING, YEAR ANNEXED, ANO PREVIOUSLY SUBMITTED DEVELOPMENT APPUCATlONS. ETC.: Pr0'ot'rf'i be CQ..\.lA(! C~u.r~f1l Ll5<: (V\ Vr~3. I (\ \ 1'74 oj I r('ope(+~) t.Ja..6 a..n~xecl 1,\-to uccc:e.. -P~per-f-~ (:5 \~fe5c^+!Y 20i\c:.cl r::l-ft-A.. ApfJft'cq-/-r'OI\ haS ~ I, bee rl f-~ '(eel +<2 rc Zen e- R -;( S. PROPOSED USE OF THE SUBJECT PARCEL IF THE PRESENT APPUCATlON(S) IS/ARE GRANTED? ,-V\.i a..,d. Q D. uf C h /.:) c h cc l / C h c' (d c.Q.. r e . ~ o. SPEC:FY ZONING OR PARCELS IMMECIATELY ADJAC:=NT TO THE SUBJECT PARC:=L: ~ / + A. NCAT;-i: /-t - C (-..:t It 9' e Co CA....vl " j , tt} in -fer GC(./'d en UCC'cc B. SOUTH: c-~ C. EAST: (-5 'I) / I. Cl. WEST: n- C'/'"'Cvvl9c? Gc....<"'-l...l1f J 7. NUMBE::i CF EXISTING 8UILDINGS AND ::<ISTlNG LAND USE CF THE SUBJECT ?ARCE"l.: C (J\ vL I'C h, 7"-fc i'c,-Cr ~ ..., ~ 'C,; , g",v l:J he t.. (-:-, \b c,L+h f,..J ~ !3u.t (cl('v10 UY\,~-fa l U+r'( I-tv "Btticd.. ....; . i I 8. SP:CIAL EXCc..;)nON APPUCATlONS ARE RE.:"c::=iRED TO THE SOARD OF ADJUSTMENT FOR A ?U8UC HEARING. SiUDY, AND RECOMMENDATION. AND ARE THEN FORWARDED TO n,E CITY COMMISSiON FOR fiNAL ACTION. 9. 8AIE.:"~Y ADDRESS TriE FOLLOWING: \-- A. '\ \ I ThE NE:D AND JUSTIFiCATION FeR lriE REQUESTED ACTlCN: i \i/')( ( /': \: ~ t +c c i)e( CL +<.? C;c f."cc \ Q.""d CC\i (d (' Cl u~E I FCRM-19 2 Applic:1den fer SpeCa1 Excepdon \.... 10. . B. \." - \,- ,-' ~\ -t (- (\ HOW WILL THE FOLLOWING ESSENTIAL Se.qVlCES BE PROVIDED? A POTABLE WATE.q: ~UC \ \ WASTEWATER TREATMENT: 5~pt(C STORMWATER MANAGEMENT: J\Jo~\e re. 'f..- u.;N~ d ct+ +flAJ\P ('f btl ~ (dl (/~. RECREATION: ~ \ a.~ j ra (,,\N\ ci eq l.{.; f . \ , SCHOOLS AND PROJECTED NUMBER OF SCHOOL AGE CHILDREN: iu c. D. E. F. 41.0,/ " So I MAIN HIGHWAY ACC~SS (A traffic study may be required): G. .=iRE ?ROTECTTON (NOTE: .=ire f!ew data will be required befere final platting): . C C.+v c1 Cccr::e 11. SUBMIT A PREUMINARY.SlTE PLAN ILLUSiRATING THE FOLLOWING: A- B. C. D. - F. G. H. \..- I. FORM-19 PROJECT NAME. NAME. ADDRESS, AND TELE.=HONE NUMBER OF THE APPUCANT, OWNER, ENGINEER, AND SURVEYOR. SUBMITTAL AND ,~EVISiCN OATES. PROMINENT NORTH ARROW. SCAL.: AT NOT t.=SS THAN 1" = 1 ao' A "SEALED- BOUNDARY SURVEY, INCLUDING A t.=GAL DESCRIPTION, TOT ALACF\EAGE. AND SHOWING UNEAR DIMENSIONS AND SURVEY HEADINGS. EXISTING AND PROPOSED ZONING OF SUBJECT PROPERTY AND ADJOINING PARCELS. LOCATION MAP WHICH CL:.~RLY SHOWS THE SUBJECT PARCEL WITH RESPECT TO E<ISTlNG ROADS AND LANDMARKS. LOCATICN, NAME. RIGhT -OF.WAY WIDT'r-iS. AND PAVEMENT WIDTl-j -OF EXlSTlNG :;)iHE:S AND PROFOSED INGRESS AND EGRESS POINTS. 3 AppJiC:Jtion for SpeCaj Exception ~ J. K L M. N. ~ ~ 12. FORM-19 EXISTING TOPOGRAPHY AT ONE (1) FOOT CONTOUR INTERVALS BASED ON THE ORANGE COUNrf DAruM. IDENTIFY AT LEAST "TWO (2) BENCH MARKS. VEGETATION TYPES. WOODED AREAS. AND Uf<El_Y CONSERVATION ZONES. UMITS OF 100-YEAR FEDERALFlOOD PLAIN AND NORMAL HIGH WATER aEVATlONS OF ALL LAKES AND WETlANDS. IDENTIFY SOIL TYPES USING THE U.S. SOIL CONSERVATION SERVICE SYSTEM. ANY OTHER INFORMATION DEEMED NECESSAAY AND APPROPRIATE BY APPUCANT TO HE!..? DETERMINE COMPUANCE WITH THE Clrt OF OCOEES DEVELOPMENT CODES. UST AND ILLUSTRATE ITEMS SO IDENTIFiED: APPUCANT SHALL SUBMIT A UST OF THE OWNERS' NAMES AND MAIUNG ADDRESSES FOR ALL PROP:.=1Tf LYING WITHIN THRE: HUNDRED (300) FE:r OF THE PE.=1IMEjE':~ OF THE. SUBJECT PROP:.=1Tf, ?E.=1 Tr-iE LATEST ORANGE CaUNTt PROPERTf APPRAISE.=1S AD VALOREM TAX ROLL FAILURE TO IDENTIFY ALLADJAC:=NT PRCP:.=1TY OWNE.=1S MAY CAUSE THE SU8MlTlclJ APPUCATlON TO BE DENIED. 4 Ap;:iic:uion for Spec:aJ Exception '--' CITY OF aCOEE, FLORIDA OWNER'S AFFiDAVIT STATE OF P [or;da COUNTY OF C'l rc:uu e Before me. the undersigned personally appeared. 5+e Ohd.tl \.0" t '5C!(J\. , who being fi~ duly sworn on oath. depose(s) and say(s): ~~~~~~da Cl::nfetex:e Ass::c:iat:icn 1. That they Ishe/he are/is the fee-simple owner(s) of the property legally described in this applicatlon and that the attached ownership list is made a part of the affidavit and contains the legal descriptlon(s) for the reaJ propeny, and the names and mailIng addresses of all owners having an interest in said land. ,/ 2. Thatthey/she/hedesire(s) speCtGt..\ e')(.<:.~p.hof" -t;. ..,c.hoc \ CW\d C V\l Cd (' u..Ud~ \...:..~ e (speCify actlon sought) fer said property. 3. That they/she/hel have/has appointed hc(\Q. \d D, PI" ~ e:'S+ (specify himse!f or agent) to act as agent in their/her/his behalf to accomplish the above. 4. That they/she/he afflrm(s), certif(y)Qes) and will comply with all ordinances. regulations and provisions at the City Code at the City at Ccoee. and that all statements and diagrams submitted herewith are true and accurate to the best at their/his/her knowledge and beliet and further. that this application and attachments shall become part of the offic:aJ records of the City at Ocoee. and are not returnable. ~ 5. That the accompanying adjacent property owners list is. to the best of their jher jhis knowledge. a complete and accurate list at the owner's names and mailing addresses for all property lying within three hundred (300) feet at the perimeter at the subject parcel. as recorded on the latest official Orange County Tax Rells. Sworn to and subscribed before me this J $E day ct is personaHy know to me or WflO ..... odCl'~ oath. 6. That prior to the public hearing, if applicable. signs will be prominently' posted on the subject parcel not less than twetve (12) days before the application will be considered by the Planning and Zoning Soard or the Board of Adjustment, and will remain posted until final determination, after which time the nodces are to be removed and destroyed. ~ ' ~~ . Owner' ignature Vice Preside.'11: Florida Conference Asscciati~n of Seventh- A-c.. <;- Gt. ~/, 19 ~ by oS ;c,..N....~ """w~ wno Day '.... - as identification, and who took an AdventJ.S '-~ LO .. ~ J ~ oJ- 'Cr-);/, m ) l'\jOtaly FubUa ~"~I>I' AJ~ ... ~~Iie ~ , ....-.....". - My commission expires: ," ....... \.., .: .~.... :: , -,n'" "F Fi.ORID~ --" --: ~OHRY i'UBL.C. 5 I -" 40 199.{. - ~Y CO:.lMISSiON EX?~~~S~cA~:~"R"';RITU" :: aONCED THRU NOTAAY . -_ "'. ::,. - .~ FCRM-19 5 I I ! . .~ i f /--_. i j 1 I I , . \ 0':- \ 1" ~'(, .~ \~O' Q- 19z' 1- "':;> .... , i .\ I 1 ! , 1 l~ ~~ ' "\;. In . I~ ~ I' ~~ \'l i~ {I~ " ~~ , / I ,(,"' ;,~.;. ~~;; I s , . I ..._ !~ ;\\. ! ~3?' --< I,,, ^ 7:::'; ~\I~ \iLol"' .' !'l'~ \ . f .'\ ,0'" ~,'P /.o/a,e'TH Baut-l Or? e,;i ~ I q "''':> "7' ... /.",.:: Iii uQ ..,,, ,::: '" - a r :fe. {{f ar:' S~XJ '7 34'S" A4;fcEL /10. (8.07a,7 hCI?~S) -f ::l , ~ ~8 a7S3,~/ ~ .. l =E.~\9,~l)1 ~ 0/7C/-l_/1 ,..0 frI/ C; F ~ o;~.. 0 sc~ /11: cCc' CA~ r4{,)~~IST /4; /.9':~3 .le5 NO..: /?OGc (SHcE,T,. I I " ~ \. I ,r,~OI'"e. \"'TJ\' ~ _ "' ~ ,'J ;;0'/' .5 :.::J <...l ... '- 345'.2'0' o /. L7... --. IA..... I /-".'1;' ( ,= '- /Vu,,::: (l4d43 ~c<<s) 753' .N I . ~ ~ :1 " - ~ ~~ ~f "1-'" v I -""'1.,-, 8. ,,/../ ~~ ~- I r.'(J',' / :1 ~t _.., 1/'" ~.'\j <lit::. Co"'., of ~~J'(' ~ ...V of ~=,(.;'; 0;: .:~~ HI - 1 i'J..I(}, ?Z~" .f6c. Z7c. : ). . i! I'~ H . ".. ~. 1 \\1 ;1 . I f.,: ,. ~l" H .,1 l.u ~l ~I i) : i ~I.~ ~ H j'o (J ' . ~~). I.~ ~~.. n "'Lo .~ I () '\~ \J~- ! : - ?'." 1 ~ ".! .;', 1 ~ ~.;\ I <:) ~ i ! .,.,'fJ ~ 'I) \:>1( 1 ; - ...., -.. J ~ ! r,,2. :~< ' '''\ "- j ; "-/ ,,,I 11 ~;r .:0,- ~: \J ~.t<' .." - ~\ t ." ..." ~'''',:,,':.., ;"./' ~...." i ..;.,. ::t "" . I' 'Q" : .~..ow".! ;5 ~ j ,," \""'J. ~ \J .(1 '< i ;J I ~ i f...'~ I ') r ~ / Lso/ ~./ ~ i 1 26"l/j 34s~ ;lore: eVIL O/N<$S NCJr s/.!~ W /'I. ~j A T ~:;i: ~!! ~ ~\ ,",:,~j' e. .. ~ ~ '!.:,P r ~ ~..,~ ~ ~o ~ SGE 5HEE'T Z FoR OESCRIPTlo;../s ri' ~5 '':SRiit:EiH3 mAr Tfo:E SUiVEY R;;'Rl:~EN'.rEi) ;~E:.~cCrJ 15 CCR.~E-'::' ,;~ND f/tEaTS Th~ ~~'G~~~~~\t;~i\':75 .~.oopr~, ~..{ TH~ ~CgI04~ sccev OF ?~OfESS!C~.~ 1.;~.:=:) iUnVEYC!lS ~; -r . J J ' IV!. .;1.:JD 7115 n.Q&U~io{~ -~'\IO ;mE ;.'t.sSOC.A~f:l. i ; j I i I I i !.. ~~^ ~/7 _ _'/'z / ~~~,; ~~~ ~~ ~Vo: ~ ~ ~"" ...~......PZiJ.t~,...... .~..". ;7 =\ -y . .....- .~.... - ", 0;:- _ S.4{/:el~jA~i ~==-:~ ---.....---..-- ~iCt;j~S ~ ;;;~o~ iNCCRFO~!2J ? o. ~ ;::>67 23i r.!. ?cirr.::(l'o .~.Vc.-:t;:l :'0:'18 Sleek ;.t:f -:-: fh~ ?csl Off'A~u C~!>'\..i\ir;Cr ~~'fi;-D~ __6_/ f ! I j I I r . I I ! t ! , . I ! J i ; i i 1 i j I ! , , , i ! i l ! i . j I ! , I , ~ i I I I 1 I J 1 i . i I ; .", ;Yl1 :, J I ~ ""- ,.'< :1 , ., , II ! :, J :, . =---~ :::: l i -,",\ ~-~ : I '.. ,- - .;: ': _>- '7\ , ~ ,c:: - -' . . - - ; '- ..; '=-:l - ..} < _: . l- t ~....... ~- p . ..- :.':\' ~ ==~--- =-=:J 1 1 1 ~ ~'~ .~ .l"1ona. -N '''~U.\.'i'T:- '~:".:rn . . 7''tJ rs~.J( .....,...., .. :to ..;" O..ICe. ,-T .....:.----~l \b~ l' \, ,:'1/":.1 U TUIlI..(.....~...~~rr;:;;;F_.. ObW'" I ( tOI ' l I" ",u I') [-- -.., 6 ',J .1.\.'.. l.; ",) 4:J III .J IJ.L ;-JI'E .Q;J,- i~ J~tti\ttittti~t -.", i l. . I ~ .. .Jfade tlz.i.8 18th riayo; Stepl:.ember, .J.D. 19 63, Between THURAAN !oC_ WOPFORD a.nd .JUANITA a. WOFFORD, llis wife, 'V , 0/ toil-a County of - OrJ.nge - and, Stau 01 _ P10rida _ part ies of tite fi1'3t part, and FLORIDA CONFERE.NCE ASSCCIATION OF 5.EV~vr1i DAY ADVENTISTS, whose mailing address is: B~~ 1313, Orlando ~lorida) (J corpo7tJ/.imJ, ez'UUn.i under tJUJ ku.u~ of tk~ Stata 01- Florida _' , "<Willr! it3 prin.dpal placd ot lJU.UlUU in ths County 01 - Oracge _ and Stata of - Plarida. - p,a1'ty 01 tJw 36C0n4 part, Witnesseth, ehat the said f'G'C ies of tM flnt part,/o,. and in. co7Uid81'4tio7r. 01 the 3u.m. of other valuable considerations aad ren and No/IOO IJoll4n, to them in ho.ntl paid, the receipt whel'eo{ Ul lusreoy ackTtOwkated, Jl4ve ira1Zted, ba~'ai1t.ed. 30/11, aliened] r67Ttt3ed, rel8C3sG, 811.leojfed, e01w~yed <md con- fl.'11Mcl an.ti by thU6 prC3ent3 do tran'-, 00l'tjain, ilell, alie17., rem.i8e, rsleaa6, 1m/eo/I: c.onvey rmd confirm U,71.W t)~ $aid party 01 tJu 38COn.d part and its JU.CCe3- jon and a:tsi~1Z.3 ror~vel', ail tl1..at certain. pa7cel 0" tan.a lyin.~ a.nd. bein.t in. tl&~ Cou/l-ty 01 - Ora:1ge - aM State 01 Florida. mar6 part:i.cu14rly deacribed as lollow~: ',\ i' I I " zHl('{";";."l \1(\' :;:7':=> ~~:::r "~,I ,:tI' ;." ; I:, ",,1- ::~;, '1,\ '. - .k' '., "j. ,- ~,~. "~:;~, \:;. ~:'/i' ~~ ~~., tC"'_-. .....J .... ,. - :---__J, -..w-..uul..ru'I:.......'-, 1\"J1f;l'\.U ~;, tt.:'of 1:: l~ri::~":~jJ~j.' F:oll1 tb.e Nar':hea.st .comer of the Southeast 1/4 at the Scu~heast 1/4 of S~ctioa 24, Township 22 South, aange 27 East, run South 00 degr~~s 00 mic.utes ~o s~conds East 399. 74 fee~ along, the. EasT boundary of the Southeast 1/4 of said Section 24 :ar a point of beginning; thence cOD~inue South 00 degrees 00 ~inutes 40 seconds ~ast 179.26 feet. along said E43~ boundary; theoce South 88 degrees' 32 minutes 26 seconds West 94S feet parallel with the ~orth boundary or tbe Southeast 1/4 of the Suutheast. 1/4 of said sec-rion 24; thence .'1ortll 00 degrees 00 micutes 40 secoads West 234.15 fee~; thence South 88 degrees 07 ~i~utes 53 seconds East 9~5.2C fe~~ along ~he ce~te: liae or a ditc~ to ~be pciat of beginning. (C;:n't'aiiIiag 4.4843. ac:es).... c StrOv'"r tv . .. taxes for 1963 and encumbr~nces"of record. ' I Together witl], alZ the ten.e1n.ent3) her~t..ament~ ana appu:rtenO,17,Ce:J, wf.til. every ;:uiiilege, r~1ht;, tU.E6~ in.terest a.nd e:rtate, dower an.d riJiht of dower, 7"/mfl1"sioTt-, I, .,.emcinrJ.er and ea.&em.ent tJu1'eto be107I-Jiin-t or i1Z a71.1ju,ou8 appertainin{: J 'I J I il ,) I i , i I I ! I I ! To Have and to Hold the :tam.s injee 3impie !orerer. .Iud the gai(.l !'(!l"ties oj th.e /il"st pa.rt; do coven.a7tt uit.h the. 3!dd pa;;-t.y ol the 3ecomj, pm.t that they are lti;w/ully aei:;ed 01 the m,w' p,'emi.:su, .tJu;t tIle!! are /,.e$ 01 all i.n.c':l.mbran.(M.. and tha.t the~- have good ri~h/; and lawfu.l a.u.thority co ull Ow :uzme; (met ti-:.a.t Jai.d, parties oj t.he llrst part dotil. hereby luily rca7'rcmt t.h e ti.tle- to said lan.d" an-d uraz (ie(end tJr e 3ame a~ai.Jl.3t tlr.~ lawful claims of all pei30~ whcm306Ver. - -~ In Witness \Vhereof.. tM .fa.id parties of t.he iint part Ita 'Ie n.erell;77.!-o ...... ~ ~ ... '-J \,) <.::: ,,! _ _"".., ... ~ ,'~U' "c"'~~ ~n:/i~~"", iu Our ?:-nee, :~j.s..", · ;cLJ? ~"~~') .~..:- 1 \ ~- / . { ~ .. :-; n . ::..:..' ". t. Q..~.'-.:.~. ~.(. /' -.., .. ~~;"..L-'::I.'::'':''_/'' ,. ---'" I' ,: , I. -._~_._--_.._------_.._. .--. --- I) /1" I. ~ .... ~ ../ , .-",.. / /' /. \,.,..-- 4 ~." ., ---. . ":, .j i I I I I I - ~ :~~~~;~~{~:~ .,~'m"lo":;7~~'_..l'~~~:1 \r' ClT\'QIlOCQB .-....:V .!.,t IIOftClIQIl ~.- ,- "~ .,. CCIMImG APPUCATlOIt. - ' , PCIIt INCIA&. ~ ,', 1~(CA8I NO.1......'..~, , W.G.~y ADYINN'I) . NOnCa,QIl HIRUY GIWN ~ II') SIclIan +8' (AI (2). 0.- UncI c.- ~,t.Codel tNd on Aual* 24,. 181M.7:30 lUlL; or _ _~, _ ~ltie ceOE!: PLANNING.'.: NfO 2DNING COMMISSION .. haId .. PUBlIC. HEARING II . ~ ....... II .. 0.- Communlyo- ~"";'12S NclrlI\ L.ak-"ore Drive. Oc:o-. FIaridI" Met on SeptamlMr 20. 19M. '1:30' p.m~ or as scan IIlenIlIft8r as DraClIaII. ' 1Il. OCOEE CllY COMMISSION. wiD J IlaId . PUBUC HEARING at a __ " ~ II'.. Ocaaa CornrnlnIy c- , -. 125 NclrlI\ I..aIce8hcn om... Ocoae. Florida. II') CClIl8idar lII'I ~ lIac1 by '^"'- GMlan s.vantIH)ay AIMroI- : . Clvc:h. far a SPECIAL EXCI:PTlON II') opar-. a IChoollll'ld child _ l*to _ III an "R-2. Ona-FMlily lII'Id rwo.. FImiIy ewa.ng 0lIIIlc::I". on C*llIin ,... ~ Ioc8Md II 940 Wollard Aoc. lUlI\oI s.R. SOl-*' 01 SIDry Aaed.. The ~ _ ftla.lncIudInQ a_ clIIc:riplIan 01.. -""-" - be~II"o;e~.~ PIIWIIIIC '50 NclrlI\ IAkeIIlcn. ~,lIla hours of 8:00 LIft. _ 5.111 p.m.. Monday 1hrOugIl FrtdIr'.. InlIII..-:I I*llaa may 1pIlaIK. .. mailing lII'Id be "-d wiIh. ~ II') "1IlPbIkn NPf ~ wID cM*D. II') 1!lIlIIIl.,., decillion "'*- cUInQ the pubic '-ing may r-s . r.xIId Of.. ' procaadIng and 101' lIlis purpoM WIN r-s 10 ...... lIlII a ~m rac:ad 01 lIla prOCMCliI '91 is mild. wlliCh indudas .. l8IIInD1y lII'Id ...-.- upon wlliCh lIla~iS~ JEAN GRAfTON. CITY ClERK CITY OF OCOEE 0LSlII'81023 Au;uIt 14, 191M. ~ \..; ATTACHMENT TO MINUTES OF OCOEE CITY COMMISSION MEETING HELD ON SEPTEMBER 20, 1994 J.;;--I- N ~ ~ '1/7.<J/,N .~~ III NORTH ORANGE AVENUE. SUITE /800 ORLANDO. FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE /4071 648-1743 MAILING ADDRESS: POST OFFICE BOX 2193 ORLANDO. FL. 32802-2193 TAMPA. FLORIDA ..JACKSONVI LLE. FLORIDA TALLAHASSEE. FLORIDA WEST PALM BEACH. FLORIDA TO: FROM: DATE: RE: \.r (I.) MILWAUKEE. WISCONSIN MADISON. WISCONSIN WASHINGTON. D.C. ANNAPOLIS. MARYLAND CHICAGO. ILLINOIS MEMORANDUM The Honorable Mayor and City Commissioners of the City of Ocoee Paul E. Rosenthal, Esq., City Attorney lie September 20, 1994 Special Exception Application Seventh Day Adventist Church Case No. 1-4SE-94 LAND DEVELOPMENT CODE: Attached hereto is a copy of Section 4-8 (B) of the Land Development Code which sets forth the Standards for Action by the city Commission when considering a special exception. (II. ) CLARIFICATION OF DRC RECOMMENDATION: In connection with the public hearing on the above-referenced matter, please find enclosed the following documents: (1) (2) Transcript of Development Review Committee Meeting of August 9, 1994 regarding the above-referenced application. n~~ Copy of correspondence dated October 11, 19~ from William J. Masi, Manager - Orange County Engineering Department, to Mayor Thomas R. Ison regarding Wofford Road. You have previously been provided with a Staff Report from Russ Wagner, Director of Planning, dated September 15, 1994 regarding the above-referenced matter. Consideration of the special exception application is quasi-judicial in nature. As a result, it is necessary that the evidence which may potentially form a basis ~ ~ ~ '-" The Honorable Mayor and City Commissioners of the City of Ocoee September 20, 1994 Page 2 for your decision be entered into the record of the proceeding. It respectfully is recommended that the Mayor enter the foreqoinq documents into the record of the proceedinq. Subsequent to the issuance of the Staff Report, a question has arisen regarding the "improvements" required in Condition Number 8 of the Staff Recommendation. I have reviewed the above-referenced ORC Transcript regarding this matter. In my opinion, the Staff Report reflects the initial motion made by Mr. Wagner, but does not reflect the final action recommended by the ORC. It is my opinion that the Development Review Committee recommended the following as Condi tion Number 8 in lieu of the text set forth in the Staff Report: " (8) That Wofford Road be improved bv the Church from State Road 50 to the Church entrance prior to issuance of an occupational license for the child care facility and that such improvement be as a stabilized road adeauate to support fire truck access to the Church property, with the qualification that the City determines that it has jurisdiction over this portion of the roadway and can approve any improvements thereto". (Revisions underlined) (See ORC Transcript pages 10, 14, 15 and 23.). Assuming that the ci ty Commission is presented with competent substantial evidence to support Condition Number 8, it is my recommendation that any motion include the revised text of Condition Number 8 in order to be consistent with the DRC recommendation. As indicated above, the ORC recommendation regarding the improvement to Wofford Road is conditioned upon a determination that the City has jurisdiction over Wofford Road and can approve any improvements thereto. The October 11, 1989 letter from Mr. Masi indicates that the County has discontinued maintenance, but does not specifically address the subject of jurisdiction and authorization to approve road improvements. The ORC transcript indicates that the City has in the past maintained the subject portion of Wofford Road. Based upon Condition Number 8 as recommended by the ORC, it would be necessary for the City to obtain a letter from the County to the effect that the city "has jurisdiction over this portion of the roadway and can approve any improvements thereto". In the event such a letter cannot be obtained, then, in my opinion, the DRC recommendation would allow for the Church property to be used pursuant to the special exception without improvements beinq made to Wofford Road. If such a letter can be obtained, then Wofford Road would need to be '-' The Honorable Mayor and city Commissioners of the City of Ocoee September 20, 1994 Page 3 improved (with appropriate City approvals) prior to issuance of an occupational license for the child care facility. Finally, it is my understanding that the Winter Garden Seventh Day Adventist Church intends to sell the property to another church upon approval of the special exception. Normally, special exceptions run with the land and may be utilized by subsequent purchasers. However, in this case, Condition Number 5 indicates that the facility must be "operated by the Church". I believe that the intent of the ORC was to allow operation by any religious organization which may subsequently own the property. In order to protect the rights of subsequent purchasers and avoid the need for future action by the City Commission, it is my recommendation that if the City Commission finds competent substantial evidence to support Condition Number 5 as set forth in the Staff Report, then any motion to approve the special exception clarify such condition with the following restatement: ~ "(5) That the school and child care center be operated by the Church or such other reliqious orqanization as may subsequent 1 y own the sub"i ect orooerty and not a private organization;" (Revisions underlined) The recommended revisions to Conditions Numbers 5 and 8 as set forth in the Staff Report are intended to clarify and be consistent with the Development Review Committee recommendations and are not intended to express any opinion by the City Attorney on the substanti ve content of the recommendations or whether there is competent substantial evidence to support such recommendations. (III. ) FINDINGS OF FACT: Section 4-8(A) (3) of the Land Development Code requires that any action taken by the City Commission be accompanied by findings of the City Commission upon which the action was based. If the City Commission finds that there is competent substantial evidence to support the Staff Recommendation, then the Commission may wish to consider adopting the Recommended Findings of Fact attached hereto. Again, these are not recommendations of the City Attorney and are intended only to provide the necessary information for the City commission to approve the ORC recommendation. PER:dh '-" Enclosures C,\WPSI \DOCS\OCOElMEMOS\PERDDH09.2Il21913l1941 DEBBIEH I PER:dh 1 5r~(1 AL t}.CEf(/eNJ ARTICLE IV An application shall be made on standard forms provided therefore, and shall be submitted with the appropriate fee to the Planning Department The application shall be signed by the applicant or his agent. ~ such signature being verified under oath. A Review of Application \.,. ~ ,..~. (3) ,. .,~ (1) After the application Is determined to be complete, it shall be forwarded to the Development Review Committee for review. The Director of Planning (or the Development Review Committee) shall make a report containing a recommended determination of facts which are relevant to consideration of the proposal and a recommended determination of the consistency of the proposal with the adopted Comprehensive Plan. (2) The proposal shall be considered by the Planning and Zoning Commission at a public hearing after due public notice, along with the report of the Director of Planning. Following completion of the public hearing, the Planning and Zoning Commission or Development Review Committee shall make a report of its findings and recommendations to the City Commission. Both the Planning and Zoning Commission and City Commission public hearings must be advertised !n ,a newspaper at least seven (7} days before each hearing. All property owners within 300 feet of the subject property must also be notified by maD at least seven (7) days prior to the hearing date. This notice may Include Information on both Planning and Zoning Commission and City Commission hearings If the Item goes before both Commissions. If the hearing Information for the City Commission meeting Is not available at the time the notices must be sent for the Planning and Zoning Commission meeting, a second notice to property owners must be m ailed seven (7) days before the City Commission hearing detailing the meeting time, place, and other particulars. The proposal shall be considered by the City Commission at a pubilc hearing after due public notice, along with the report of the Director of Planning and the report of the Planning and Zoning Commission. Following completion of the pubiic hearing, the City Commission shall approve, disapprove, amend and approve the proposal, or approve the proposal with conditions. Any action taken shall be accompanied by the findings of the City Commission upon which the action was based. (4) In approving a proposal, the City Commission may attach appropriate conditions to ensure compliance with the provisions of this Code. Such conditions may limit the uses, size of uses or structure, or characteristics of the operation of a use, or may require buffers, landscaping, or other Improvements not normafly required. Conditions may also require the periodic review of the use and may provide for the expiration of the speciaJ exception on a date certain. B. Standard.s for Action by the City Commission Approval of a special exception application shall be granted by the City Commission only upon finding that: (1 ) \.. The proposed uses and structures would not viola~e the land uses, densities, or other directives of the adopted Comprehensive Plan or of this Code. (2) The proposed uses and structures would be compatible with the uses, structures and activities on adjacent and nearby lands. Adopted July 21, 1992 18092 ARTICLE IV (3) The proposed uses and structures would not violate the health, safety, welfare, and/or convenience of those residing, working or owning land In the vicinity of the proposed use or structure, specifically with respect to: (a) The use or structure would not exceed the applicable density or bulk regulations except as specifically authorized, nor shall the use or structure result In overcrowding of land or buildings; s .. .. c ~ ~ '-' ~ (b) The use or structure would not impair pedestrian or vehicular movement in adJoining streets so as to violate adopted level of servIce standards; (c) The use or structure would not create a fire hazard; (d) The use or structure would not 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; (e) The use or structure would not prevent an adJoining landowner from the legal use of his property pursuant to this Code; (f) The use or structure would not violate a requirement of limitation of any applicable state or federal law or regulation, and; (g) The use or structure would not result In the Inadequacy or Inability of any public facility or service to meet adopted standards. t 4-9 VARIANCES ~ The Board of Adjustment may recommend and the City Commission may grant a variance from the terms of these regulations when such variance will not be contrary to the public Interest and where, owing to special conditIons, a literal enforcement of the provisions of these regulations would result In unnecessary hardship. Such variance shall not be granted If it has the effect of nullifying the Intent and purpose of these regulations. Furthermore, such variance shall not be granted by the City unless and until: A Application A written application for a variance is submitted with the application fee demonstrating: (1) That specla1 conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements Involved and which are not applicable to other lands, structures, or required subdivision Improvements; (2) That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions; (3) That the special conditions and circumstances do not'result from the actions of the applicant; (4) That the granting of the variance requested will not confer on the applicant any special privilege that Is denied by these regulations to other lands, structures, or required subdivision Improvements under similar conditions. No pre-exlstlng conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance. \.,.. Adopted July 21, 1992 18093 ~ CO,; 7 ~,'/" /"2. ~ 1'<:..._1 ;L Q-" f ' c~ -_ ~ fi-/uI ~.k i :o~nty I 1 i I Public: Work.s DJVI$&~ Tbomas M. H~dJ1g" P.E., Dlrettor I : Engln.er.inlf D~partment WllIJam J. ~asl. P,E., Manager ,450 33rd sln:el Orlando. ~orld.. 3~09.8796 Te1ephaj. (407) ~+t-7900 PAX (407) 2"~.7999 - \. i i i I I i , I ~ _~ ~ I J.--- Rr:CelV - J..------ I ~ E 0 s-R": I Ison i I ' SEP 1 9 1994 Ve . 61 I I i I ~ctober 11, 198~ I I I Subject: Dear Mayor Ison: FOLEY & LARDNER ! 1~ I I Recent annexations by y~ur city ~nd the city of Wint.~ Gar~8n reflect annexation ot t~e qreate~ portions ot Woffqrd Road and property contigiou thereto. In; accor~ance with Orange County policy, you are he eby ~nformed that the County will discon- tinue ~aintenance f th4 aforesaid road, between W. B. McGee Highway (S.R. 50) nd S10ry Road~ effeotive Oc~obe~ 31, 1989. If there are any esti1ns, plea~e contact me. , I ! I , ! sfncerelY, , I I I i I I. , I: : Hal Marston, Orange ~ounty Commissioner Phil Brown, COTty Administr~tor George W. Cole, P. E~, Deput~ Director, Public Works Division I I William P. Baxter, P} E., Mapaqer, Hiqhway Maintenance Mayor Bob Barber' City ot Winter Garden Ii' I j ~/dC~,4'4.' ~rliam J. Masi, P. E'. j ! WJM/MRW/Qt cc: ',-, - - I=- (0 -' .- :: . d .i.13 :6'3 10661 '~I . 6 Ii! t40~ .:l \..., '-' \. Case No. 1-4SE-94: winter Garden Seventh Dav Adventist Church @m!M~rr RECOMMENDED FINDINGS OF FACT: 1. No special exception has been previously granted by the City to use the property as a school or as a child care facility. 2. No occupational license has been issued by the City for use of the property as a school or as a child care facility. 3. Use of the property as a church is permitted without a special exception because the property was used as a church at the time of annexation in 1974 and has been continuously used as a church. 4. In October 1989, the County advised the City that it would no longer maintain Wofford Road between SR 50 and story Road. 5. In order to protect the health, safety and welfare of persons attending the school and/or child care center, certain improvements to Wofford Road are required. The specific improvement required is a stabilized road adequate to support fire truck access to the property. 6. The property is suitable for up to a maximum of 61 teachers and students, subject to upgraded fire safety improvements necessary in order to meet current Code requirements. C:\WPSI \OOCS\OCOE\PERDDH09.2011912OJ941 DEBBIE I PER:dh "( ATTACHMENT TO MINUTES OF OCOEE CITY COMMISSION MEETING HELD ON SEPTEMBER 20, 1994 JUl 2 6 1980 MA YOR.COMMISSIONER LESTER DABBS, JR. 150 N. LAKESHORE DRIVE OCOEE FLORIDA 34761 (407) 656-2322 July 17, 1990 COMMISSIONERS RUSTY JOHNSON PAUL W. FOSTER VERN COMBS SAM WOODSON CITY MANAGER ELLIS SHAPIRO Mr. Marshall Roberson Public Works Director City of Winter Garden 128 South Boyd Street Winter Garden, FL 34787 ~ ~ f/lultft L~..LJh~~ ~~VD I~~ Iy (. fl<>-/It -,p... RE: Wofford Road maintenance Dear Marshall: ~ Pursuant to our telephone conversation this morning regarding the above subject matter. I have attached a letter dated October 11, 1989 from Orange County to Mayor Tom Ison. Due to the recent annexations by your city and ours, it appears that our cities COllectively are responsible to maintain Wofford Road (clay road) from W. B. McGee Highway (SR 50) to Story Road, effective October 31, 1989. The City of Ocoee has the responsibility for the portion of the road from SR 50, extending northerly approximately 1,400 linear feet. The remaining portion of this roadway, as I understand it, is the responsibility of Winter Garden. Con- cerns regarding the maintenance of this road have surfaced from Pastor Floyd Powell. It would be greatly appreciated if you would place this road- way on your regular maintenance schedule, whereas our cities, collectively, can keep the roadway properly maintain~d. Should you disagree with the contents of this letter or have any questions regarding the above subject, please feel free to contact me. Sincerely, '--' ~~~--~ y" ~ ~ ;.-Brenner Public Works Director RMB : j h enclosure CC: Ellis Shapiro, City Manager Buddy Elmore, P. P. T. D. Supervisor v&anet Resnik, Planning "C ATTACHMENT TO MINUTES OF OCOEE CITY CO~lliISSION MEETING HELD ON SEPTEMBER 20, 1994 JUL 2 6 iS~D MA YOR.COMMISSIONER LESTER DABBS, JR. 150 N. LAKESHORE DRIVE OCOEE FLORIDA 34761 (407) 656-2322 COMMISSIONERS RUSTY JOHNSON PAUL W. FOSTER VERN COMBS SAM WOODSON CITY MANAGER ELUS SHAPIRO July 24, 1990 LFP-403 ~ ~ f/U-JPY &..L.J ftt~ fr-' 'r-- f..tz- t/ /) ~~ Pastor Floyd Powell Florida Conference Association of Florida P.O. Box 1313 Orlando, FL 32802 r- p.O ' . . I . I.-J../, t (; - 'J -~tl J)i-~L ~ J '....-- o..(;'\,u. -I- 1~..V~,,:l't':' . ( . (" '5 .C - 2 2. 5 & "~Ilt ..k;'t,4l1::u:tl~t. I Attached for your infomation is a letter from Ray Brenner, Public Wo~ Ltf)IJt.(f ;; Director for the City of Ocoee, tO~Shall Robers~~ his counterpart at the City of Winter Garden. I hope this resolves any problems you have been experiencing now that the road will be placed on a regular schedule for maintenance. Should there be any problems, please call Mr. Brenner at 877-8420. If I may be of further assistance, please do not hesitate to call me (656-7489). SUBJECT: liDFFORD R)A[) MAINl'ENANCE Dear Pas tor Powell: ~ Sincerely, ~. G. Resnik \ -JJV'-' ")v\- ~ .~ Y (JJ-o..lV' q 0 () {h:r;, ~ q / ,-V C~Uf-" '-"