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Home My WebLink AboutItem VI (A) First Reading of Ordinances. Second Readings and Public Hearings are Scheduled for May 3, 1994 at 7:30 p.m. 3. Ordinance No. 94-11, rezoning per Case No. 1-lR:Glad Tidings i f AGENDA 4-19-94 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 3 EI @ i S.SCOTT VANDERGRIFf � ° CITY OF OCOEE RuOHN oN p, PAUL W.FOER C I 150 N.LAIESHORE DRIVEOCOEE FLORIDA 34761-2256 VERN COMBS �� (407)6562322 JIM GLEASON O�� QTY MANAGER ISPIRO STAFF REPORT DATE: April 14 , 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: Russ Wagner , Director of Planning / - SUBJ: REZONING PETITION Y� 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 Facilitiesf_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 . OIL Yi�' 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(B) 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 changed from "R-1A, SINGLE._FAMILY DWELLING DISTRICT" 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 Mari 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. 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