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Home My WebLink AboutItem VI (A) First Reading of Ordinances 94-24, rezoning per Case No R94-07-2 Winter Garden Seventh Day Adventist Church AGENDA 9-6-94 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 1 COAG 41- 14 1- 1P4! ) CITY OF OCOEE RUSTYJOIO ON O. r.. 150 N.LAKESHORE DRIVE PAUL W.FOSTER v 0 OCOEE FLORIDA 34761-2258 VERN COMBS (407)656-2322 JIM GLEASON rF4 OF G00V N`, CITY MANAGER SR IMIAPIRO STAFF REPORT DATE: September 1 , 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: Russ Wagner, Director of Planningp7)3, SUBJ : Rezoning Petition Winter Garden Seventh-Day Adventist Church Case No . R94-07-02 ISSUE: Should the Honorable Mayor and Board of City Commissioners rezone a 4 . 5 acre parcel owned by Winter Garden Seventh-Day Adventist Church situated at 940 Wofford Road from R-1AA, Single Family Dwelling District to R-2 , One-Family and Two-Family Dwelling 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 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 I-1 zoning districts . Accordingly , the church is requesting this zoning change to permit application for such an exception. DISCUSSION : The Winter Garden Seventh-Day Adventist Church property was annexed into Ocoee in 1974. within a largely undeveloped portion of the city . The site fronts Wofford Road, a clay street which extends from S .R. 50 to Story Road. The surrounding area is predominantly undeveloped land situated within the City of Winter Garden and Orange County and zoned for commercial uses to the south and residential uses to the west and north. Immediately east of the site is the Florida Auto Auction which is zoned C-3 in the City of Ocoee . 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 industrial , commercial and residential areas where negative impacts will be minimal . Due to the relatively small size of the site and the long term investment already made in the exiting church structure, it is anticipated that the property will continue to be �1 Staff Report - Case No . R94-07-02 September 1 , 1994 Page 2 utilized for an institutional use . Consequently, the requested zoning change to a slightly higher intensity residential classification is consistent with the Comprehensive Plan and is a suitable zoning category for the church property, providing the opportunity for expansion of institutional facilities within the community . Alternatively, a more intensive zoning classification would be inappropriate due to limited infrastructure serving the site. PLANNING AND ZONING COMMISSION RECOMMENDATION : At their meeting on August 24 , 1994 , the Planning and Zoning Commission found that the proposed rezoning was consistent with the Comprehensive Plan and unanimously recommended that the 4 . 5 acre parcel owner by the Winter Garden Seventh-Day Adventist Church situated at 940 Wofford Road be rezoned from R-1AA, Single-Family Dwelling District to R-2 , One-Family and Two-Family Dwelling District . STAFF RECOMMENDATION : Staff respectively recommends that the 4 . 5 acre parcel owned by he Winter Garden Seventh-Day Adventist Church situated at 940 Wofford Road be rezoned from R-1AA, Single Family Dwelling District to R-2 , One-Family and Two-Family Dwelling District as specified by Rezoning Ordinance #94-24 . RBW/emk cc : Ronald Priest , Pastor Case File No . R94-07-02 Attachments ORDINANCE NO. 94-24 CASE NO. R94-07-02 : WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY CHANGING THE ZONING CLASSIFICATION FROM R-1AA, SINGLE FAMILY DWELLING DISTRICT, TO R-2, ONE-FAMILY AND TWO-FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WOFFORD ROAD, ONE-QUARTER MILE NORTH OF S.R. 50 AND SOUTH OF STORY 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-lAA, 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-lAA, 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 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 September 8 , 1994 READ FIRST TIME September 6 , 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" WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH LEGAL DESCRIPTION: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 24 , TOWNSHIP 22 SOUTH, RANGE 27 EAST, RUN SOUTH 00 DEGREES 00 MINUTES 40 SECONDS EAST 399 . 74 FEET ALONG THE EAST BOUNDARY OF THE SOUTHEAST 1/4 OF SAID SECTION 24 FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEGREES 00 MINUTES 40 SECONDS EAST 179 . 26 FEET ALONG SAID EAST BOUNDARY; THENCE SOUTH 88 DEGREES 32 MINUTES 26 SECONDS WEST 945 FEET PARALLEL WITH THE NORTH BOUNDARY OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 24 ; THENCE NORTH 00 DEGREES 00 MINUTES 40 SECONDS WEST 234 . 15 FEET; THENCE SOUTH 88 DEGREES 07 MINUTES 53 SECONDS EAST 945 . 20 FEET ALONG THE CENTER LINE OF A DITCH TO THE POINT OF BEGINNING. CONTAINING 4 . 4843 ACRES CITY OF OCOEE REZONING PETITION CASE NO . R94 - 07 - 02 : WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH AREA : 4 . 5 ACRES REQUESTED REZONING FROM: R-1AA, SINGLE FAMILY DWELLING DISTRICT TO: R-2, ONE-FAMILY AND TWO-FAMILY DWELLING DISTRICT im• ET" I I ■■EN RY '0 SoBaEC l „oPeC111 um" A 111111111 111" 114111 Adi � _ SR 50 _