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Home My WebLink AboutItem V (A) Public Hearing - Second Reading of Ordinance 3. Ordinance No. 94-11, rezoning per Case No. 1-lR:Glad Tidings AGENDA 5-3-94 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V A 3 r"`� CITY OF OCOEE Ocoee S.�.v11 VFUN LJBA1/4aav[-. rn�.�oNeRs ` D. RUSTY JOHNSON vC 150 N.LAIESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 VERN COMBS y (01.3. `4v (407)6562322 JIM GLEASON �fOF6009 � CITY MANAGER ISjPIRO STAFF REPORT DATE: April 14, 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: Russ Wagner, Director of Planning jt� SUBJ: REZONING PETITION /�" OCOEE GLAD TIDINGS ASSEMBLY OF GOD CASE NO. 1-1R-94 ORDINANCE NO. 94-11 ISSUE: Should the Honorable Mayor and Board of City Commissioners rezone a 3 . 4 acre parcel owned by Ocoee Glad Tidings Assembly of God situated at 1701 Adair Street from R-1A, Single Family Dwelling District to R-2 , One-Family and Two-Family Dwelling District? BACKGROUND: The Glad Tidings Assembly of God intends to operate a public child care center at its existing facility on Adair Street . The Ocoee Land Development Code only permits such uses by Special Exception within R-2 , R-3 , C-1 , C-2 , C-3 and I-1 zoning districts . Accordingly, the church is requesting this zoning change to permit application for such an exception. DISCUSSION: The Glad Tidings Assembly of God facility was built approximately 8 years ago within a substantially built up portion of Ocoee. The site fronts Adair Street , a collector road which serves as an important transportation link for traffic originating from this section of the community . The surrounding area is predominantly single family residential in character, although a multi-family development exists north of the church, and two city parks are in the immediate vicinity. The existing land use classification of the site is Public Facilities/Institutions . This category permits public and private schools as well as churches . These uses may be permitted in residential areas where negative impacts will be minimal . Due to the relatively small size of the site and the investment already made in the existing church structure, it is unlikely that the property would be utilized for anything other than an institutional use. Consequently, the requested zoning district is consistent with the Comprehensive Plan and could be considered as a suitable classification for the church property. Staff Report - Case No. 1-1R-94 :Glad Tidings April 14 , 1994 Page 2 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission met on April 12 , 1994 and held a Public Hearing on the proposed rezoning request . Several surrounding residents spoke against the proposed rezoning expressing concern that it would potentially generate more traffic and noise in the neighborhood. The P&Z discussion on the rezoning focused on the potential precedence created by such a change, particularly as it relates to an undeveloped tract north of the church property. As a result, the rezoning was recommended for denial . As a separate action, the P&Z recommended that the Land Development Code be reviewed to identify those zones where Special Exceptions could be permitted without having to resort to rezonings to accomplish the same purpose. STAFF RECOMMENDATION: Staff believes that the reclassification of zoning for the property is merited based upon the character of surrounding land uses and the existing use of the property which is consistent with the Comprehensive Plan. Therefore , it is respectively recommended that the 3 . 4 acre parcel owned by the Ocoee Glad Tidings Assembly of God situated at 1701 Adair Street be rezoned from R-1A, Single Family Dwellina District to R-2 , One-Family and Two-Family Dwelling District . RW/ek cc: Dillard P . Burgess , Pastor Case File No . 1-1R-94 ORDINANCE NO. 94-11 CASE NO. 1-1R-94: GLAD TIDINGS AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFICATION FROM R-1A, SINGLE FAMILY DWELLING DISTRICT, TO R-2, ONE-FAMILY AND TWO-FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ADAIR STREET, ONE-QUARTER MILE NORTH OF WURST ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; 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 hereinafter described, have submitted an application to the City Commission to rezone and change the zoning classification for said real property from "R-1A, SINGLE FAMILY DWELLING DISTRICT" to "R-2 , ONE-FAMILY AND TWO-FAMILY DWELLING DISTRICT"; and WHEREAS , pursuant to Section 5-9(3) 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 rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No . 91-28 , adopted September 18 , 1991 ( "the Ocoee Comprehensive Plan") ; and WHEREAS , said rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee , Florida ( "the Planning and Zoning Commission") ; and WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed said rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be changed to "R-2 , ONE-FAMILY AND TWO-FAMILY DWELLING DISTRICT" , as requested by the Applicant , and that the Ocoee City Commission finds that the rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan : and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof with respect to proposed rezoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the rezoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166 .041(3) (a) , Florida Statutes . NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee, Florida 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 . That the zoning classification , as defined in the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee , Florida, is hereby chanced from "R-1A_.,,___SINGLE FAMILY__ DWELLING_ DI_STRI.CT" to R_2,. ONE=FAMILY AND TWO-FAMILY DWELLING DISTRICT" : SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3 . That the City Commission of the City of Ocoee, Florida , hereby finds the new zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. 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 amendments enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of the Ocoee City Code. SECTION 5 . All ordinances or parts of ordinances in conflict 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 immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift , Mayor (SEAL) ADVERTISED April 21 1994 READ FIRST TIME April 19 , 1994 READ SECOND TIME AND ADOPTED , 1994. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of . 1994 . FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1994 By: UNDER AGENDA ITEM NO. City Attorney REZONE.ORD EXHIBIT "A" GLAD TIDINGS LEGAL DESCRIPTION BEGINNING AT A POINT 382 . 2 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8 , TOWNSHIP 22 SOUTH, RANGE 28 EAST; THEN RUN SOUTH 265 . 2 FEET, THEN RUN EAST 590 . 4 FEET, THEN RUN NORTH 265 . 2 FEET, THEN RUN WEST 590 . 4 FEET TO THE POINT OF BEGINNING; LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF-WAY OF ADAIR STREET. CONTAINING 3 . 4 ACRES MORE-OR-LESS. CITY OF OCOtE REZONING PETITION CASE NO . 1-1R-94 : GLAD TIDINGS AREA : 3 . 4 ACRES REQUESTED_REZONING FROM: R-1A, SINGLE FAMILY DWELLING DISTRICT TO: R-2 , ONE-FAMILY AND TWO-FAMILY DWELLING DISTRICT igib71151Pfle1W 21 / .;. � a � =ash 5114 " • 11 I 1 I k iii. ��.. W ,,: AA . �I 1 I 1 I =gym r,:.�, s1� Imo iy��►�� CASE NO. 1-1R-94 ,/!` ., ' mem SUBJECT PROPE'TY lima= `'�' f %s i ,s �,�,E�F,�-. - ' r' �� , ,�'• • tea s �� v 1 I Ii. 1 f 1 I ag ` :;%- zwinze t, +. a■irss�,.re t•:r:LL / /,. J- vac. —..y ia� mimar ��a . il I i I I i ( III �� • 1 • ,. .• " , MUNI alI Irv--llv1 ,,, I I I III pi k. /' '3 . N.•�3�3�' J motIfLti u r, ... III I I .t•'' 2. �'' �A / •gin i � - :r..rI r�y '�� • ��,��j r, �R=�a�•��"'; J _�.�c>• I ' ll II I I Cpl, / i1-tt.f. : � '°a''fiti ' ►: .�i v'r _ _ , <_. -, . . e". .,_ f I I I i I i .I•i:. 0! Pran Al a� z moi r,►. 1 ' •� � ," • j:•, ' /�/i�r.�i;i�.r�,�,�• _ " °acssum': r'. i I I I -} flidla � Maa k f>btl re B.. IJ r.r. ,{', . �� '� i. !( r tet= 79799 '� mop• A+ },,,�s,� °'9 — I NM Mit:Rawat gndo irk z yr 433112r . ,,,', - "® 1 : 1 ,II i„ . II 1 :a3 ..•-•/-7 nagar!?.ad a�.' Z4 • r' 4• QIN a SPRING, 1 11.11 L2 1 I I � a „l 21e;� nNET -,s---,s4 % =q' �.. 1 L, I ai I II ,.a ,. !!' �' 'J�h',a'ii �� lj � , r s i f Ams �3aa � 41 iNgtilla 7 - iia (FOR ILLUSTRATION PURPOSES ONLY) FOR PROPER CREDIT PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE /1 BILLED ACCOUNT NO. ' "2 BILLED ACCOUNT 1 '3 AMOUNT PAID 092153003 CITY OF OCOEE • I l / \ i , • 'Sentinel Communications /5 ' INVOICE NO.' • PLEASE DO NOT FOLD ugl21/94 765226003 OR STAPLE THIS PORTION P.O. BOX 30,000 . / ORLANDO, FLORIDA 32891-9912 LEGAL ADVERTISING T 000000000092153003765226003000005800000000000092153003765226003000005800 FOR BILLING QUESTIONS- LOCAL- -407- 422-3030 INVOICE I„------\. (-(h.Ce TOLL-FREE- -800- 359-8686 AJT� r ' � /b 7 REFERENCE 8 10 DESCRIPTION 12�_____ 13 14 AMOUNT N DATE NUMBER 9 11 A RATE DUE 34/210tt250947701 JOTICE OF PUBLIC HEARING LOSL IX0500 11.20 56.00 INVt1765226003 4I63021 IX 5.00 LEGL 1 XTRA AFFIDAVI 2.00 AMOUNT DUE 58.00 15 BILLED ACCOUNT'" CITY OF OCOEE CITY HALL 19 Sentinel Communications OCOEE FL 347610000 publisher of 407656232201 THE ORLANDO SENTINEL 633 NORTH ORANGE AVENUE 16 BILLED ACCOUNT N0. 17 DATE 18 D0 UMENT NO. ORLANDO, FLORIDA 32801 U9215JUUd 04/21/94 44 LEGAL ADVERTISING The Orlando Sentinel PublishedDaily 8 0 ' Nonce of PUEL r--TNq,,-f tate Of OClba S.S. CAFE IQ T.TIFKcoer-novas . NOTICE q HERESY GNOI,panf:. COUNTY OF ORANGE .°11d so:1.10 Florw . BeverlyC. Si e I wet S4.Oooee Land Development Coo*thet on en... Before the undersigned authority personally appeared oris �`ioNvi I•'ooaEE cnY commis- 1 unity Ce ?i 1 t ,who on oath says IM Ocoee Common C.nl.r,126 that he/she is the Legal Advertising Representative of The Orlando Sentinel,a dailyEIn NOTI b rio .. consider op the End of 2 newspapper published at ORI ANDO in r..d.q.•r•dopeorl of•e*,.owing OgANGF County,Florida; °ORDINANCE NO94.11 that the attached copy of advertisement,being a NOT ICF OF PUB' IC N �NO.LIRE NS in the matter of ORD. NO. 94-11 OF THE CITY OF OCOEE, FUNOSA,LREZONING CERTAN in the O RANGF Court, THE OF OCOEE BY CHAN- ING THE THE ZONING CLASSIFICA- was published in said newspaper in the issue;of 114/21/94 TION ROM R-IA.SINGLE FAMILY OLLING DISTRICT TO r-2, ONE-FAMILY AND I WO-FAMILY DWELLING DISTRICT.ON CER- TANIHTHE A REAL.EAST PROPERTY DE LOCATEDT AIR Affiant further says that the said Orlando Sentinel is a newspaper published at STREET ONCE QUARTEgROAD RMM1ILLE ORLANDO in said A ORANGE County,Florida, THE PROPERTY OWN- ERS,REDING SUCH ZONING TO and that the said newspaper has heretofore been continuously published in BE CONSISTENT WITH'THE said ORAN(.E County,Florida, ; OCOEE FNG PLAN. nionte each Week Day and has been entered as second-class mail matter at the post office in ORI ANDD in said REPEAL- ING INCONSISTENT ORDIN- ORANGF County,Florida, A�v PROVIDING FOR SEVER- for a period of one year next preceding the first publication of the attached AN EFFECTIVE DATE. copy of advertisement;and affiant further says that he/she has neither paid A ropy of d,.NePosed Ordrwroe may nor promised anyperson, firm or corporation anydiscount, rebate, °FIBrNx1�eP,osdsO+dl.onlo.am.000e. P Dom'iso N.L..n m, commission or refund for the purpose of secure g this advertisement for 1°V°,drb«:rr�.mrw'Saop„ssy publication in the said newspaper. -4 through Fray.Interested p -�ii�� . . t/Ih.iVr�,o-.wj� Wpm r the pow h.rY1 and w /! ' wIw aapO kiM°a°"a2�- The foregoing instrument was acknowledged before me this 21 St day of _.rry•.a•on mad.du.q m.pp ^meq m.y need•record W Me APRIL 1994 b Beverl C ' 1111•a record �b arrue tlW•var6atlrn raoord d who is personally known to me td o di1 take ' f(�/oath1N{ {] _/ inowes. �dy....ant eoord _ Jean Grafton, April 21.1 City Clerk504 (SEAL) .1 A1V!7'A ROSADO Aa.21.1904 JIr,,, I M,: ren Nc-• . ,,,I?••of Florida , , . •.:)I ---June 18, 1994