HomeMy WebLinkAboutItem V (B) Case No. 1-4SE-94: W. Gdn. Seventh Day Adventist Church Special Exception (Continued from September 20, 1994) AGENDA 10-18-94
/� "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V B
Ocoee
, ' ,.M.A../1 1 v t+1V-mm.11ur 1
` ° CITY OF OCOEE °°'' °NERS
.1 O
RUSOHNSON
vp 150 N.LAICESHORE DRIVE PAUL W.FOSTER
OCOEEFLORIDA 34761-2258 VERN COMBS
`4' (407)656-2322 JIM GLEASON
OF G001$ •
�� CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
TO: Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: October 14, 1994
RE: Special Exception Application
Winter Garden Seventh-Day Adventist Church
Case No. 1-4SE-94
The above-referenced Special Exception was considered by the City Commission
at a public hearing held on September 20, 1994. At that time, the City Commission continued
the public hearing to October 18, 1994 so that the City staff could explore possible solutions for
the improvement of Wofford Road so that it would be adequate to support the Church's existing
school operation and an expanded school and day care operation. Attached hereto is a copy of
the Staff Report from Russ Wagner dated September 15, 1994 and a memorandum from City
Attorney Paul Rosenthal dated September 20, 1994 with respect to the above-referenced Special
Exception.
After investigating various options with respect to Wofford Road, we continue to
be of the opinion that the Special Exception should not be approved unless an agreement is
reached which would provide for Wofford Road to be improved as a stabilized road adequate
to support fire truck access to the Church property. The primary concern is that there is an
adequate emergency access to the Church property during the rainy season. Additionally,
increased usage of Wofford Road would intensify the need for city maintenance of the road and
result in an increased maintenance cost to the city taxpayers. Under these circumstances,
approval of the Special Exception could expose the City to potential liability in the event fire
trucks could not reach the Church property in an emergency situation.
We met with representatives of the Florida Auto Auction in an attempt to find a
solution. Suggestions included the possibility of an emergency access through the Florida Auto
Auction which would reduce the area of Wofford Road which would need to be stabilized. We
also explored the possibility of having the Auto Auction participate in funding improvements to
Wofford Road. Attached hereto is a copy of correspondence dated October 13, 1994 from
Attorney Kurt Ardaman in response to our proposal and a reply dated October 14, 1994 from
City Attorney Rosenthal. We do not believe that the Auto Auction's response provides a basis
for a near term solution.
Additionally, we met with Church representatives in an attempt to find a solution.
Our meeting did not yield a solution.
We will continue to work with the Church and Florida Auto Auction in an attempt
to find a solution to the improvement and maintenance issues on Wofford Road; however, at the
present time, a solution does not appear to be at hand. In order to better protect Wofford Road
and the ability of fire trucks to reach the Church property during normal Church operations, the
City will continue its current maintenance program on Wofford Road and will pursue the
temporary closing of a portion of Wofford Road in order to reduce the deterioration of the road.
Limitations on the type of vehicular traffic on Wofford Road will also be pursued.
In conclusion, the granting of the Special Exception would endanger the safety
and welfare of the young children who would attend a school and/or day care facility at the
Church property due to the potential that fire trucks would not be able to access the Church
property on a yearround basis and therefore fails to meet the criteria established by Section 4-
8(B)of the Land Development Code. Accordingly, it is recommended that the City Commission
deny the application of the Winter Garden Seventh-Day Adventist Church for a Special
Exception. It is further recommended that this denial be without prejudice to the right of the
Church to reapply for a Special Exception at such time as a plan is in place for Wofford Road
to be improved as a stabilized road adequate to support fire truck access to the Church property.
Enclosure
-2-
"CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" AGENDA 9-20-94
Ocoee Item V D
0
opcp.,.4, 5 0 CITY OF OCOEE
RUSTY N
a- 150 N.LAKESHORE DRIVE PAUL W.FOSTER
v
0 OCOEE FLORIDA 34761-2258 VERN COMBS
(41. `yv (407)6562322 JIM GLEASON
jF4 of G000 `� CITY MANAGER
ELLIS SHAPIRO
SRP-452
STAFF REPORT
DATE: September 15, 1994
TO: The Honorable Mayor and Board of City Commissioners
FROM: Russ Wagner, Director of Planning
SUBJ: Special Exception Application
Winter Garden Seventh-Day Adventist Church
Case No. 1-4SE-94
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 I-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.
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 AND 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;
Staff Report - Case No. 1-4SE-94
September 15, 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 "A"
WINTER GARDEN SEVENTH—DAY ADVENTIST CHURCH
LEGAL DESCRIPTION :
From the Yortheast corner of the Southeast 1/4
of the Southeast 1/4 of Section 24, Township
22 South, aange 27 East, run South 00 degrees
00 minutes 40 seconds East 399.74 feet a1Qag, 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 234.13 feet; thence
South 88 degrees 07 minutes 53 seconds East 945.20
feet along the center llae of a ditch to the point
of beginning. (Containing 4.4843 . acres). "
CITY OF OCOEE
SPECIAL EXCEPTION
CASE No . 1-4SE-94 :
W INTER GARDEN SEVENTH-DAY ADV 1T I ST
REQUESTED SPECIAL EXCEPTION
SCHOOL AND CHILD CARE FACILITY
1111111111111111 -1 rm. 1 MM.".
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(FORILLUSTRATION PURPOSES ONLY)
jCi C.;i.)c7C +,ISI !'`4 ' )4111/e,{71;5-1
THIS SPACE FOR t ; PROJECT NO. /— /8E qv:
CITY USE ONLY IL; JUL 2 9 1991 FEE Lila/V49 .. Ri, BCS.
s:..L DEPOSIT AMOUNT GJa i v..,cL 'SMA
DATE PAID --
CITY OF OCOEE RECEIPT NO.
CITY OF OCOEE
APPLICATION FOR SPECIAL EXCEPTION
(PLEASE TYPE OR PRINT ALL INFORMATION)
SPECIAL EXCEPTION S 750.00
(This application is only for those spacial exceptions'which are consistent with the City of
Ocoee's Comprehensive Plan. All others must submit Comprehensive Plan Amendment
applications.) �n r�
Cho ng l� �• Pr;es-F1 t"ck.s jr/
1. APPLICANTS NAME CO i✓� fe r 66tf A et() :Sedgy r h -day k ell i
/' I C 'ALL�C�
APPLICANTS• ESS: P•a • beX 771 (g; LL) �-�et Ca(POeni 6'i 77-7
= u)c 1-o rd P- . ( cc(2e)
o
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TELEPHONE NUMBER: &i 07 " 7 b -.3J u 1 ^- •�
2. OWNER OF RECORD: Y— o‘'c Q Co.o f r e iC AS S cc?0-4Cci/1 e T
5 ev L,v \-d4y .Ue'l* 51-5
OWNER'S ADDRESS: �•
.0 cr'1 * r �Q�K p - 7 9C
( - SO j c) 427t6...: Ste, a) K_
(If mcre than one cwner, please attach additional sheets)
NOTE: A separate application fee is collected for each action sought and for non-contiguous parcels or for
parcels held under separate ownership. Upon request, payment of the above fee entitles the
applicant to a copy of the City of Cccee's Land Development Regulations.
•
3. PROPERTY LOCATION: L
A. DIRECTIONS TO PROPERTY: ��TT-c c dtC�. ti es be-}'1.2i e e.v)
l,Lc-t'1c .
B. LEGAL DESCRIPTION: ALL APPLICATIONS MUST PROVIDE THREE (3) EXECUTED,
CERTIFIED AND SEALED BOUNDARY SURVEYS FOR THE SUBJECT PARCEL. WHICH
SHALL INCLUDE A METES-AND-SOUNDS LEGAL DESCRIPTION. ATTACH SURVEY WITH
FORM-19 1
Application for Special Exception
FULL LEGAL DESCRIPTION AS EXHIBIT. SPECIFY BELOW: SECTION-TOWNSHIP..
RANGESUBDIVISION-LOT AND-8LOCK. AS APPUCABLE.
C. PROPERTY TAX 10. NO(S): `? '- ti-c 7 V, ( �
4. BRIEFLY SPECIFY THE DEVELOPMENT HISTORY AND OWNERSHIP OF THE SUBJECT
PARCELS) SINCE JANUARY 1, 1985, INCLUDING YEAR LOT WAS CREATED, PRESEYTZONING,
YEAR ANNEXED, ANO
`` PREVIOUSLY SUBMITTED DEVELOPMENT-APPUCATIONS, ETC.:
Pryee �
r4' b C4 Wye CU1LUC' U( I.ISL ( r\ 7643. 1‘7`t
(soFer-k) urc-3 c_ne ;CeGcc (-4
l� ;e5cA+I \/ Zar‘e R t "' -fL r1 ) -4/
1 (ICqait
4 t r AC? s
7 e r1 1 reel (eZcr1 F
5. PROPOSED USE OF THE SUBJECT PARCEL IF THE PRESENT APPUCATION(S) IS/ARE
GRANTED? a � ani
`1 / .S C k cc ( / C
6. SPECIFY ZONING CR PARCELS IMMEDIATELY ADJACENT TO THE SUBJECT PARCEL:
A. NORTH: - / C i-a ft e C'Q c.A.,vt
B. SOUTH: C - GI.'r rl -fe it C:�v'Ci Et7
C. EAST: C-3 Qcce
O. WEST: 19 -/ Cc
7. NUMBER CF EXISTING BUILDINGS ANO EXISTING LAND USE CF THE SUBJECT PARCEL:
C \ (AL�'c : i':L�tiA1 he C�5 c_ �L-4-�
l u.z. ( c'cica UYl,e�� LI t( I 74-v
J r
8. SPECIAL EXCEPTION APPUCATIONS ARE REFERRED TO THE BOARD OF ADJUSTMENT FOR
A PUBLIC HEARING, STUDY, AND RECOMMENDATION, AND ARE THEN FORWARDED TO THE
CITY COMMISSION FOR FINAL ACTION.
9. BRIEFLY ADDRESS THE FOLLOWING:
A. i r'E NEED AND JUSTIFICATION FCR THE REQUESTED ACTION:
\
i �;ie_ 4-c � r -�� �c (c\ c ay' ; d ra c'C
FORM-19 2
Application for Special Exception
10. HOW WILL THE FOLLOWING ESSENTIAL SERVICES BE PROVIDED?
A. POTABLE WATER: LL t:
B. WASTEWATER TREATMENT: 5d•p
C. STORMWATER MANAGEMENT: A oo.e tui'o 4 ct+ (4 bc; (di ut9.
0. RECREATION: et-•/c� ro�cAAA C- e g i l �). J
E. SCHOOLS AND PROJECTEDNUMBER OF SCHOOL AGE CHILDREN: 4-16
F. MAIN HIGHWAY ACCESS (A traffic study may be required): (4w y - So
G. FIRE PROTECTION (NOTE: Fire flow data will be required before final platting):
C-:1-\/ ciC Cc ce e
11. SUBMIT A PRELIMINARY.SITE PLAN ILLUSTRATING THE FOLLOWING:
A. PROJECT NAME
B. NAME,ADDRESS,AND TELEPHONE NUMBER OF THE APPLICANT,OWNER,ENGINEER,
AND SURVEYOR.
C. SUBMITTAL AND REVISION DATES.
ES.
0. PROMINENT NORTH ARROW.
E. SCALE AT NOT LESS THAN 1' = 100'
F. A'SEALED'BOUNDARY SURVEY,INCLUDING A LEGAL DESCRIPTION,TOTALACREAGE,
AND SHOWING LINEAR DIMENSIONS AND SURVEY HEADINGS.
G. EXISTING AND PROPOSED ZONING OF SUBJECT PROPERTY AND ADJOINING
PARCELS.
H. LOCATION ION MAP WHICH CLEARLY SHOWS THE SUBJECT PARCEL WITH RESPECT TO
EXISTING ROADS AND LANDMARKS.
I. LOCATION, NAME, RIGHT-CF-WAY WIDTHS, AND PAVEMENT WIDTH-OF EXISTING
STREET S AND PROPOSED INGRESS AND EGRESS POINTS.
FORM-19 3
Application far Spec:l Exception
J. EXISTING TOPOGRAPHY AT ONE (1) FOOT CONTOUR INTERVALS BASED ON THE
ORANGE COUNTY DATUM, IDENTIFY AT LEAST TWO (2) BENCH MARKS.
K VEGETATION TYPES. WOODED AREAS, AND LIKELY CONSERVATION ZONES.
L LIMITS OF 100-YEAR FEDERAL FLOOD PLAIN AND NORMAL HIGH WATER ELEVATIONS
•
OF ALL LAKES AND WETLANDS.
M. IDENTIFY SOIL TYPES USING THE U.S. SOIL CONSERVATION SERVICE SYSTEM.
N. ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE BY APPLICANT
TO HELP DETERMINE COMPLIANCE WITH THE CITY OF OCOEE'S DEVELOPMENT
CODES. LIST AND ILLUSTRATE ITEMS SO IDENTIFIED:
12. APPLICANT SHALL SUBMIT A LIST OF THE OWNERS' NAMES AND MAILING ADDRESSES FOR
ALL PROPERTY LYING WITHIN THREE HUNDRED (300) FEET OF THE PERIMETER OF THE
SUBJECT PROPERTY, PER THE LATEST ORANGE COUNTY PROPERTY APPRAISERS AD
VALOREM TAX ROLL. FAILURE TO IDENTIFY ALL ADJACENT PROPERTY OWNERS MAY CAUSE
THE SUBM i =a APPLICATION TO BE DENIED.
FORM-19 4
Application for Special Exception
CITY OF OCOEE, FLORIDA
OWNER'S AFFIDAVIT
STATE OF F ic riccc..
COUNTY OF (')ravi9 e
Before me, the undersigned personally appeared 5 I.3 r i Sao\ . , who being first
duly sworn on oath, depose(s) and say(s): Vice Prdsident, Florida (1
nftterre Association
S=rventtr-Day A:Man fists
1. That they/she/he are/is the fee-simple owner(s) of the property legally described in this
application and that the attached ownership list is made a part of the affidavit and contains the legal
description(s) for the real property, and the names and mailing addresses of all owners having an interest
in said land.
2. That they/she/he desire(s) S pe c i a_l Xc zp 1-t (\ -F0r -7c h a c \. c d
C gni�.� C c2.a L.L5 e
(specify action sought) for said property.
3. That they/she/he/ have/has appointed ( Q• 1 r- e 5+
(specify himself or agent) to act as agent in their/her/his behalf to accomplish the above.
4. That they/she/he affirm(s), certify)(ies) and will comply with all ordinances, regulations and
provisions of the City Code of the City of Ocoee, and that all statements and diagrams submitted herewith
are true and accurate to the best of their/his/her knowledge and belief and further, that this application and
attachments shall become part of the official records of the City of Ocoee, and are not returnable.
5. That the accompanying adjacent property owners list is, to the best of their/her/his knowledge,
a complete and accurate list of the owner's names and mailing addresses for all property lying within three
hundred (300) feet of the perimeter of the subject parcel, as recorded an the latest official Orange County
Tax Roils.
6. That prior to the public hearing, if applicable, signs will be prominently'posted on the subject
parcel not less than twelve (12) days before the application will be considered by the Planning and Zoning
Board or the Board of Adjustment, and will remain posted until final determination, after which time the
notices are to be removed and destroyed.
Cwner'slignature Vice President
Florida Conference Association of Seventh-
Sworn to and subscribed before me this !�rday of Ac, cL , 19 ' `l� by si04,4. J4 * A4 ii DaY
is personally know to me or wixtc� ,.:cat as identification, and who took an Adventist-
cath
tetthan4�i19cn Vito-Pteaict
Flocida Ca tEaten Pesociatian of
/w. ,_,.J venth-cay Pdventists
Notary P'ubiic -›.4,0•4.Ade.
My commission expires:
NOTARY PUBLIC. STATE CF FLORIDX_ -
MY COMMISSION EXPIRES:AUG. 20. 1994.
7ONOCD TNRU NOTARY PUSUG UNOCRWRJTCRf.
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.Wada this - 18th -
day of September, • d. D. 19 63,
I Between TFitRMAN M_ WCFFORD and JUANITA TA B. WOFPORD, his w1Fe,
of the County of - Orange -
and parties of the first part, and FLORIDA CONFERENCEState of - Florida -
i DAY ADVENTISTS, whose mailing address ASSOCIATION OF SEVENTH
a corporation eristinj under the laws of the State Bof 231o, Orlando, Florida,
having its principal place of business in the Countyf- Flo- Oran -
State of - Florida - partrf of the secoond oWit, Orange - �sd
' WifaessetiL, .
that the said part i es of the first part,for and in consideration
t..; of the :UM of other valuable considerations acid Ten and No I00 Dollars,
` to them in hand paid, thereceipt
I ranted, bargained, so , aienedemised,releeas�edhereby
enfeoffed,aw have
con-
- firmed and bre these nraver�ed sand con-
f fl; presents do grant, bargain, sell. alien., remise, release,
• err ,eo convey and confirm unto tJae said party of the second
cors and as�tiens forever, a!1 that certain parcel ofpart and its and being in the-
Count y of - Orange - and State of oyrida, more paw la particularly
\_ described as follows; rely
11414
j II From th1 Mt:\T.um
e Northeast corner of the Southeast 1/4 "�— ''—
of the Southeast 1/4 of Section 24,
i{ 22 South, Range e Township
---_-",4 , g ? East, run South 00 degrees ;:i:,?_ ;NA,.
-, 00 minutes 40 seconds F.3st 399.74
_ East boundary of the Southeast 1/4tee along. the . �� `
"`' of said Section i�•: �:
r` .-..^., �-• lLG •rr.)
�� :. 24 ;ora .-' ,
point of beginning; thence Continue South ;• 'i"j'�+n'cti`!
-.. ,c 00 degrees 00 minutes 40 seconds East 179.26 feet, 1�TY,l11
along said Edst boundary; thence South 88 degrees 10:,-,-. .,-;.:1Uj,
32 minutes 26 seconds West 949 feet parallel with
f the North boundary of the Southeast 1/4 of the
,4 �, Southeast 1/4 of said section 24; thence North 00i .
degrees 00 minutes 40 seconds West
South 88 degrees 234.15feet; thence
-- I' t alongres 07 minutes 53 seconds East 9�t_.20
�___ j beginning.
the crate: line of a ditch to the point aM,L,.2
or g_nning. CCcataiaiag 4.484 . acres?. _�` a-
�j1 _ •. 1• M
k.
-- 1 to taxes for 1963 and encumbrances . of record. • '"7- .,'
y •, 1^ 1+
,-11iri!.9 41.1.Tt.1 ..
MIZEO.1L if tlE\i t I
Together with all the tenements, her
jI every prii'lege, right, tittle, interest and estate, d ere nts and right f dower,nrand e aces,
� rerncinder and easement thereto belonging or in anyu�:se appertaining:
To Have and to Hold the same in fee simple forever.
I�
.Ind the said parties of the ,zrst part do covenant
'� the second part that theyare , • 1 �'L1.fL the said party of
lraw/ JZy seized of the said p:am.ises, -that they are
I free of all inc:sntvrartc.•,;, and that they have good right and lawful authority
to sell the sante; and that said parties of ;.he first part doth hereby
I the title to said land, and will defend the same against the lawfuclaimsaol all
persons whomsoever,
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is Witness 'Whereof. the said parties of the first part ha Ve hereunto
.-
i .u. z'caicci ann Deiivereni Our Presence:
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CITY OF OCOEE '"'''t+'. .
."•Et NOTICE OF PUBLIC PANS.,, '
-•VO CONSIDER APPUCAT10N•' .
FOR swam.ExcEPTION•
'.7'77,1-119. (CASE 1 -•- 77
W.O.SEVENTH-0AY ADVENTIST)
NOTICE:OF HEREBY GIVEN pure.an*
to Seaot 4$•(A)(T),Ocoee Land 0.-
velopmern.Coder that on August 24,
1904 at 7.36 p.m.:or as soon t rsr�ll�r-
as prsctIcal, the OCOEE PLANNING'
ANO ZONING COMMISSION wi hold aa.
PUBLIC HEARING at a regular'eetdom'
at Che Ocoee CoOnve. y Carey•129
North Lakeshore Drive. OcoM Fiends
and on September 20. 1994 at 7.36-
p.m.,or as soon thereafter as pot .
me OCOEE CITY COMMISSION.will,
hold a PUBLIC HEARING at a re�la
session at the Ocoee �iy Car►
ter. 125 North Lakeshore Ort e,OcwR
Florida.to consider an application toed
Gardenby Winter oaSPECSeveIAL
Day Advent-
ist
:
to operate a school and child care can-
ter in an R-2. Ons-Farcy and Two
Ferrety Dwelling District",on curtain reel
P
ro erty located at 940 Watford Road,
north S.R.50/south of Story Road.
The complete case Me,Ina-hiding a legal
description of the subfect be inspected at the Ocoee Mining property.may
Ds.
ppe trr 150 North Lakeshore ( twi,
belwaa�n.the hags of 8:00 a.m. and
5:00 p.m.,Monday through Friday.-
Interested pastel may appear at Che
mesdng and be Iweed with respect lo
theaPPon.My person who desires
to apped any decision meds Virg the
pubic hearing may need a record o7 the
proceeding and for this purpose will
need to ensue that a verbatim record of
he proceedings a made which indudes
tthe testimonysi and evidence
upon which
JEAN GRAFTON,CITY CLERK
CITY OF OCOEE
OLS8A64023 August 14,1994.
4m4.1.- LQ S/'2-o/9(
FOLEY & LARDNER
III NORTH ORANGE AVENUE. SUITE 1800
ORLANDO. FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 14071 648-1743
TAMPA. FLORIDA MAILING ADDRESS: MILWAUKEE. WISCONSIN
JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN
TALLAHASSEE. FLORIDA WASHINGTON. D.C.
WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS. MARYLAND
CHICAGO. ILLINOIS
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee AA
.4
FROM: Paul E. Rosenthal, Esq. , City Attorney .�
DATE: September 20, 1994
RE: Special Exception Application
Seventh Day Adventist Church
Case No. 1-4SE-94
(I. ) 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) Transcript of Development Review Committee Meeting of
August 9, 1994 regarding the above-referenced
application.
(2) Copy of correspondence dated October 11, 19,9 from
William J. Masi, Manager - Orange County Erfgineering
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 foregoing
documents into the record of the proceeding.
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
DRC 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 DRC. It is my opinion
that the Development Review Committee recommended the following as
Condition Number 8 in lieu of the text set forth in the Staff
Report:
" (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)
(See DRC Transcript pages 10, 14, 15 and 23 . ) . Assuming that the
City 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 DRC 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 DRC 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 DRC, 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 being 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 DRC 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 religious
orcganization as may subsequently own the subject property
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
substantive 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 DRC recommendation.
PER:dh
Enclosures
C:\WPSI\DOCSIOCOE MEMOS\PERDDH09.20219/2/94 DEBBIEH I PER:dh
S Y AC I A L C L C C '7? 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
(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 in .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
. maa 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.
W
(3) The proposal shall be considered by the City Commission at a public 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 public
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 normally required.
Conditions may also require the periodic review of the use and may provide for the
expiration of the special exception on a date certain.
B. Standards 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 violate 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 r
. regulations except as specifically authorized, nor shall the use or structure
result In overcrowding of land or buildings;
(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.
§ 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 special 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-existing
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
•
4
(7/17
i
+ Public Works Divisio�
a C� 4.
it/cam f 4 y Thomas M.Nesting$ P.E.,Director
f ! Engineering Department
27. i William J. Masi,P;E.,Manager
2450 33rd Seer
Orlando.florid*3809.8796
'•
Telephoh.(407)'44-7900
FAX(407)244-7999 ;
•
October 11, 1989
f i
, __------' RECEIVED-
ECEIV D
The H. arable T •.-=s-1R. Ison
Mayo . of Ocoe. y �a
150 S Lakesh. - 0 ills SEP l .. 1, ,-�
Ocoee, • " da 32 61
i
FOLEY & LARDNER
Subject: Wofford oad
Dear Mayor Ison:
i
Recent annexations by your city and the city of Winter Garden
I reflect annexation or t1e greater portions of Woffgrd Road and
property contigiou thereto. Iniaccordance with Orange County
+ policy, you are he eby informed that the County will discon-
tinue maintenance f the aforesaid road, between W. B. McGee
Highway (S.R. 50) nd Stkory Roady affectiVe October 31, 1989 .
If there are any rnlestions, pleaee contact me. •
Sincerely,
La ...s/�1 ,,
Wiliam liam J. Masi, P. E.
• •
WJM/MRW/et
• .
•
cc: Hal Marston, Orange County Commissioner
Phil Brown, Co . ty Administrator
George W. Cole, P. E. , Deputy', Director, Public Works
Division I
William P. Baxter, P. E. , Manager, Highway Maintenance
Mayor Bob Barbe , City of Winter Garden
I •
.,o:6.3t'6 t • t •;3 woa�
Case No. 1-4SE-94: Winter Garden
Seventh Day Adventist Church emn
i-il
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:\WP51\DOCS\OCOE\PERDDH09.201 1980/94 j DEBBIE 1 PER:dh
I `
CITY OF OCOEE
DEVELOPMENT REVIEW COMMITTEE
Ocoee, Florida
August 9, 1994
9 :42 a.m.
PROJECT NUMBER 1-4SE-94 :
WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH
SPECIAL EXCEPTION APPLICATION
Verbatim Transcripts, Inc.
P.O. Box 560772
Orlando, Florida 32856
(407) 897-3770
2
APPEARING ON BEHALF OF THE CITY:
ELLIS SHAPIRO, City Manager
RUSS WAGNER, Planning Director
JIM SHIRA, City Engineer
ELLEN KING, DRC Secretary
RON STROSNIDER, Fire Chief
DON FLIPPEN, Building Official
TONY WILSON, Acting Police Chief
JANET RESNICK, Planner
APPEARING ON BEHALF OF THE APPLICANT:
RONALD PRIEST, Winter Garden Seventh-Day
Adventist Church
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1 PROCEEDINGS
2 MR. SHAPIRO: This is Case Number 1-4SE-94 . This
3 is Winter Garden Seventh-Day Adventist Special Exception
4 Application.
5 (To Mr. Wagner) Russ, do you want to bring
6 everybody up to date?
7 MR. WAGNER: Yeah. Winter Garden Seventh-Day
8 Adventist Church has been in operation since, what, the
9 ' 60s, or at least the church property.
10 MR. PRIEST: '63, I believe.
11 MR. WAGNER: And it was annexed into the City in,
12 I believe, it was ' 83?
13 MR. PRIEST: . '74, I was thinking.
14 MR. WAGNER: ' 74, '74 .
15 MR. SHAPIRO: Well, you've been close so far. Go
16 ahead.
O
17 •
MR. WAGNER: Well, I can't get them all right.
0
LL 18 MR. SHAPIRO: Do you want to read this from here
19 on?
20 MR. WAGNER: Yeah.
21 MR. SHAPIRO: Okay.
22 MR. WAGNER: Anyway, when they were annexed in,
23 they were annexed in as a church and, for that reason, they
U
o 24 were special -- they were grandfathered in, even though
25 they were technically a special exception. At that time,
4
1 because they were annexed in, the attorney has advised us
2 that they were grandfathered in under that portion of the
3 code.
4 In about -- help me out again -- '83 or ' 84 you
5 began --
6 MR. PRIEST: ' 83 .
7 MR. WAGNER: ' 83 . I knew I 'd get one of those
8 dates right.
9 -- they started a --
10 MR. SHAPIRO: I hope none of these dates are
11 important or you're going to have to repeat it all.
12 MR. WAGNER: We'll be in bad shape.
13 MR. SHAPIRO: . Okay. Go ahead.
14 MR. WAGNER: -- that the school was begun about,
15 oh, 14 to 18 students . At that time we did have a
16 provision that they were required to have a special
17 exception even under the code at that time which they did
0
LL 18 not secure which they are now subsequently asking.
2
19 Even though the school has been in operation all
20 these years, it's not technically legal under our code, and
21 so part of their application is to ask that that portion of
22 their operation be made legal under our code.
23 The primary request is to begin the operation of
U
0 24 a child-care center which is a completely new use which
25 also requires a special exception under our code. As a
' 5
1 companion to this, the church is also requesting for
2 rezoning of their property to R-2 which is the lowest
3 zoning classification that they can have to even request
4 the special exception.
5 So they actually technically have to get that
6 rezoning before they can get the special exception, so
7 we're running through that separately. The DRC does not
8 have to review that zoning application. We're only dealing
9 with the exception.
10 MR. SHAPIRO: Well, how can you do a special
11 exception before you do the zoning?
12 MR. WAGNER: Because it would be subject to
13 securing the R-2 zoning.
14 MS . RESNICK: Is the R-2 consistent with the comp
15 plan?
16 MR. WAGNER: Yes . It would be if it is -- you
17 know, if it's granted.
0
U
LL 18 MR. SHAPIRO: Okay. It just seems like we're
2
19 doing it backwards .
W 20 MR. WAGNER: Well, they --
21 MR. SHAPIRO: I 've cleaned my language up; did
22 you notice that? I was going to say something worse.
23 MR. WAGNER: They have to track together -
U -
2 24 MR. SHAPIRO: Yeah.
25 MR. WAGNER: -- and so you have to -- obviously,
r" .
6
1 if you don't pass on the R-2 zoning, the special exception
2 is moot. But you have to move them along together, and
3 they sort of stand on their own merits .
4 In this particular case, then, they -- the church
5 has asked to add to its use. We've asked the fire
6 department to check the facility. Based on fire and safety
7 codes, they can hold up to 61 teachers and students total
8 in their facilities to meet the fire safety code. So that
9 means that there could be roughly 35 to 40 more students as
10 well as additional teachers out an that facility, so a
11 fairly sizeable increase in their operation.
12 We've gotten a number of comments from different
13 departments . We have quite a list of items that need to be
14 corrected from the Fire Department for fire safety code;
15 most of them are minor but it is a fairly extensive list of
16 items that need to be corrected.
17 We've had some comments and concerns about the
0
U
0 18 roadway. The church is situated on Wofford Road which is a
19 clay road. There's been some question over time who's
20 responsible for the maintenance of that; I think the City
21 has been maintaining it, but it's a constant maintenance
22 problem.
23 We're also concerned that the well and septic
U
2
° 24 tank system is adequate and that Orange County should
25 verify that operation before we -- as a condition of the
7
1 approval.
2 I would say at this point the major concern is
3 the roadway, the access to the property, and the increased
4 amount of traffic on that roadway, on an unpaved road.
5 Certainly the use would benefit from being on Highway 50 as
6 far as passerby traffic to capture people going back and
7 forth from work. But there's about a -- what would you
8 estimate -- a thousand-foot section of unpaved road that
9 the people would have to access onto to get down to the
10 church, and that's one concern.
11 MR. SHAPIRO: Anybody else?
12 CHIEF STROSNIDER: Our list is -- like Russ said,
13 is minor, but I -- I 'm -- it's a really extensive -- I
14 believe that it should be brought up before you grant the
15 special exception, and that's our feeling about that.
16 MR. SHAPIRO: Does anybody want to comment on the
17 road issue?
0
LL 18 MR. FLIPPEN: From my driving there a few times
W 19 up and down that road, it gets in pretty bad shape when it
20 rains . If you're going to add another how many trips a
21 day, that's going to be a major problem.
22 ACTING CHIEF WILSON: Does the auction still use
23 that road now or do they use the other road? They used to
O 24 use -
LL -
25 MR. SHAPIRO: They use both; they use both. They
(. , 8
1 use both.
2 ACTING CHIEF WILSON: They've got that big field
3 out there.
4 MR. SHAPIRO: They've still got that field over
5 there on the left. They don't use it as much as they do
6 (sic) . They're using the back gate more than they are the
7 front gate now, so they're using more Story Road which is
8 something you guys are going to have to watch a little bit.
9 ACTING CHIEF WILSON: Well --
10 MR. SHAPIRO: It's getting more dangerous over
11 there.
12 ACTING CHIEF WILSON: A lot of them are using
13 Wofford Road for, you know, the testing of,vehicles .
14 MR. SHAPIRO: Yeah.
15 ACTING CHIEF WILSON: We try to slow them down as
16 much as we can.
N i
O �
17 MR. PRIEST: They don't use Wofford Road near as
0
U
LL 18 much as they used to.
19 MR. SHAPIRO: Used to. Yeah. They're going the
20 back way now.
21 MR. PRIEST: The traffic has been cut down
22 lately.
o
23 MR. SHAPIRO: They're using that back way now
2 24 that they've paved that back area and they're using it as
25 their main entrance in and out, and it's causing problems
.... 9
1 on Story Road, too, sometimes .
2 ACTING CHIEF WILSON: We write 30, 40 tickets
3 every --
4 MR. SHAPIRO: Cool.
5 ACTING CHIEF WILSON: -- every Tuesday there.
6 MR. SHAPIRO: Cool, cool .
7 MS. RESNICK: There's some question as to -- is
8 Wofford Road definitely --
9
MR. SHAPIRO: No. It's a City -- the problem is,
10 is it's part in the City and part in the county --
11 MS. RESNICK: And we maintain it '--
12 MR. SHAPIRO: .-- and we maintain it most of the
13 time just because no one else will . It's -- and, you know,
14 that's just the way it is; it's been that way historically.
15 We've always scraped it when there was a need to scrape it
16 because the county won't go in. They'll do it once a year
17 maybe and we'll do it three or four times a year.
0
LL 18 But it's definitely not a City -- it's a City
19 road. I think there's a 100 percent of the road heading
20 from 50 -- one way or the other, it's either the back or
21 the front, part of it's in the City or all of it's in the
22 City up to a degree and then it gets split.
23 As I recall, Ray Brenner is aware of it more than
U
0 24 anyone simply because we had to check the ownership before
25 we expended funds to scrape it, and we found that part of
10
1 it's all in the City and part of it's not in the City and
2 part of it's halfway in the City. Try that one on for
3 size.
4 Anybody want to make a motion on this one, one
5 way or the other?
6 MR. WAGNER: Well, I 'll make a motion that we
7 recommend approval of the special exception to operate a
8 school and public child-care facility for the Winter Garden
9 Seventh-Day Adventist Church subject to the property
10 securing R-2 zoning; two, the all required fire safety
11 items per the Fire Department list be corrected prior to
12 issuance of an occupational license for the child-care
13 center; three, that the total number of teachers and
14 students utilizing the facility as a school and/or child-
15 care center be limited to a maximum of 61 individuals;
16 four, that a final certificate of concurrency be secured
17 prior to issuance of an occupational license; five, that
0
LL 18 the school and child-care center be operated by the church
19 and not a private organization; six, that the school and
20 child-care center be licensed to meet appropriate state
21 requirements; seven, that the potable water well and
22 septic-tank system be certified by Orange County for the
23 approved building capacity and use; and, eight, that
f
° 24 Wofford Road be improved from State Road 50 to the church
25 entrance prior to issuance of an occupational license for
11
1 the child-care facility.
2 MR. SHAPIRO: Do you want it paved?
3 MR. WAGNER: (No response)
4 MR. SHAPIRO: Is that what you're saying?
5 MR. WAGNER: Paved. That's my motion.
6 MR. SHAPIRO: Is there a second?
7 MR. FLIPPEN: I 'll second.
8 MR. SHAPIRO: Okay. For the purpose of
9 discussion, what makes you believe you have the authority
10 to ask them to pave that road when you've allowed them to
11 exist all this time and we don't even know whether that
12 part of it is all ours? .
13 MR. WAGNER: The concern that it's significant
14 expansionof daily traffic on the road beyond what has been
15 historically undertaken.
16 The original church had only intermittent access
17 over the dirt road to the actual church. The school has a
0
LL 18 limited number of students right now. That apparently
2
19 hasn't been a main problem.
a
20 There's some significant concern from a fire
21 safety standpoint and just general traffic, access
22 standpoint that an additional number of students in child-
23 care everyday, in and out --
U
2
° 24 MS. RESNICK: If you get a hundred trips a day on
25 that, the ruts are going to get big quick.
12
1 MR. SHAPIRO: Yeah. Okay. Well, let's talk
2 about the -- let's go ahead and then suggest to them why do
3 we allow the expansion of the auto auction at the same
4 point. They've been allowed to expand two or three times
5 without improving the road and it's always been an integral
6 part of their system. How come we didn't ask them to do it
7 when we gave them a permit?
8 MR. SHIRA: We're dealing with kids, other
9 people; we were dealing with cars .
10 MR. SHAPIRO: I don't know that you --
11 MR. SHIRA: If the Fire Department has a fire in
12 there that you didn't keep a main access, if there's --
13 some kid gets hurt and that road is nothing but mush, they
14 just can't get there, period. Am I wrong?
15 CHIEF STROSNIDER: No.
16 MR. SHAPIRO: Okay. Because that basically takes
17 care of them ever being able to use it for that purpose,
0
U
LL 18 obviously, because the cost of maintaining that road is
19 probably going to cost them $100, 000 to pave it.
20 MR. WAGNER: I don't know what the cost would be;
21 I don't know.
22 MR. SHAPIRO: Oh, hell, there's no question in my
23 mind that you'd have to rebuild the road.
U
° 24 MR. WAGNER: I don't know if there's other
25 alternatives besides full paving; that's more of an
13
1 engineering --
2 MR. SHAPIRO: Well, but your motion was to
3 improve the road. I don't know what you improve -- in our
4 situation, if you improve a road, the only thing you can do
5 is pave it. I don't know what else to do with it.
6 MR. WAGNER: There's some in-between type of
•
7 paving.
8 MR. SHIRA: Perhaps a gravel road or something
9 like this, something other than mud.
10 MR. SHAPIRO: Have them put a sub-base down on it
11 and leave it?
12 MR. SHIRA: There are other ways to get a stable
13 enough surface so that you can -- but right now --
14 MR. SHAPIRO: What are you talking about for a
15 thousand feet; what would that cost them, ten grand?
16 MR. SHIRA: Ten, 15, yeah.
17 MR. PRIEST: And that's going with the gravel-
()
LL 18 type surface?
2
19 MR. SHAPIRO: Yeah. Put a base down.
20 Okay. It's been moved and seconded. Any other
21 discussion?
22 MR. WAGNER: Do you want to clarify, then,
0 23 whether it means "paved" or "improved"? My original motion
24 was "improved" .
25 MR. SHAPIRO: All right. Is "improved" -- so
14
1 "improved" doesn't necessarily mean "paved" .
2 MR. WAGNER: If the City Engineer feels that
3 there is an adequate --
4 MR. SHIRA: Improved to the point that they can
5 get emergency access .
6 MR. WAGNER: And that it will be not a constant
7 maintenance headache and it meet some kind of safety --
8 MR. SHAPIRO: It's going to be a maintenance
9 headache either way. That's not a --
10 MR. SHIRA: I 'm not going to put that waffle in
11 there because that's --
12 MR. SHAPIRO: Yeah.
13 MR. SHIRA: A gravel road is --
14 MR. SHAPIRO: A gravel road will do the same damn
15 thing the other one will; it will just -- it will always
16 have ruts and you'll have to scrape it the same way.
17 Unless you pave it, there's no other way; it's going to be
0
U
LL 18 that way.
4
19 Now, not paving it but putting the coat on, the
20 base coat, will probably mean that the Fire Department can
21 get in and out of there better. And if it rains too much,
22 it will still be okay at least to get on there. But it
23 isn't going to make any difference.
U
2 24 MR. WAGNER: Stabilized road, then?
25 MR. SHAPIRO: Some kind of stabilized, yeah. It
15
1 would have to be either crushed rock or something that's
2 stable. That's what your motion was .
3 MR. SHIRA: That's assuming that that part that
4 we're talking about is ours to deal with.
5 MR. SHAPIRO: Yeah. And I don't know that it is,
6 guys . I mean, that's the problem.
7 MS . RESNICK: And can you -- you know, if Florida
8 Auto Auction -- can -- is there some way of cost sharing,
9 you know, if --
10 MR. SHAPIRO: Well, the problem here is, is that
11 I -- you know, you all just allowed -- you know, my problem
12 with this whole thing is allowing that auto auction to --
13 although I understand --
14 MR. SHIRA: I think the auto auction is two
15 entire -- that and this church school is two entirely
16 separate issues .
10
17 MR. SHAPIRO: Not to me, not to me at all . I
0
U
2 18 think that the expansion of a business on an unimproved --
z
19 that uses an unimproved street -- I understand what you're
20 saying regarding the health/safety, not arguing what you're
21 saying. But the fact of the matter is, neither group
22 should have allowed to -- a building permit if they were
23 going to use that road as part of their expansion.
U
2 24 ACTING CHIEF WILSON: Does the auto auction use
25 that as part of theirs?
16
C.
1 MR. SHAPIRO: Yeah. Well, they use part of that
2 all the time; they run up and down --
3 ACTING CHIEF WILSON: I mean, other than the fact
4 they test drive --
5 MR. SHIRA: Yeah. But other than that --
6 ACTING CHIEF WILSON: -- but, I mean, at the lot,
7 they: come in off Story, don't they?
8 MR. SHIRA: Yeah. I don't know of any change in
9 that.
10 MR. SHAPIRO: I don't know if the road --
11 MS. RESNICK: I think that's all fenced.
12 MR. SHAPIRO: .Frankly, I don't know if the road
13 is ours to improve or theirs to improve.
14 MR. SHIRA: Yeah.
15 MR. SHAPIRO: I don't know what to tell you. I
16 mean, I'm not sure that we have any authority and no one's
17 checked it. I don't know how you're going to make that
0
U
LL 18 motion unless someone checks it.
s
W 19 MR. PRIEST: Can I make a comment?
20 MR. SHAPIRO: Yeah.
21 MR. PRIEST: I 've been here at this church for
N 22 four years and, of course, I 've seen that road very muddy
O 23 on many occasions, but -- and the road does get bad, but
U
0 24 I 've never seen the road in a condition where I don't think
25 emergency vehicles could get back in there. I mean, it
17
1 does get -- it's a dirt road.
2 MR. SHIRA: The problem with them is it
3 doesn't -- to a passenger car it may be passable, but these
4 things weight 40,000 pounds .
5 MR. PRIEST: I 've seen the big transport
6 trucks --
7 MR. SHIRA: Oh, they go through?
8 MR. PRIEST: -- with the auto auction going
9 through there.
10 MR. SHIRA: Uh-huh.
11 MR. PRIEST: I 've never seen anybody ever get
12 stuck in there, never seen any kind of problem. So I 'm not
13 so sure that emergency vehicles couldn't get back in there.
14 MR. SHAPIRO: Well, Reverend Priest, the only
15 problem is, is that all we got to do is have one going to
16 your place after approving this and we get our rear end
N
O
17 sued --
0
U
LL 18 MR. PRIEST: Uh-huh.
19 MR. SHAPIRO: -- by the family. And it's not
20 your problem, it's our problem because we've approved it.
21 That's the only problem. If we know that it's a road
ti 22 that's got problems to start with and then we go ahead and
23 allow you to increase the number of people that are going
2
2 24 to be there, children, okay, and then, in turn, as a result
25 of it, something goes under water where we can't reach it,
18
1 they're not going to sue you, they're going to sue the City
2 of Ocoee.
3 And that's the -- that's the big problem, and
4 that's probably one of the reasons why the motions were
5 made that way.
6 MR. PRIEST: Okay.
7 MR. SHIRA: Is there anybody from Ray's office
8 available who would know which piece of the road we're
9 talking about or could we just set this one aside for some
10 period of time until we can figure that out?
11 MR. SHAPIRO: Well, I don't see -- again, I don't
12 see how you can make the motion without knowing what
13 the -- if you don't have a -- if this road isn't yours to
14 deal with --
15 MR. SHIRA: Yeah.
16 MR. SHAPIRO: -- it's really going to be hard for
17 you to make that motion.
0
U
2 18 MR. WAGNER: Well, isn't that -- I mean, wouldn't
19 that be similar to Division Street where we could simply
20 request to take over the maintenance of a certain portion
21 of the road?
22 MR. SHAPIRO: Well, why would I want to take over
0 23 the maintenance of something; why should the citizens of
2 24 our community take it over?
25 MR. WAGNER: Well, it was -- if it was
• 19
c .
1 improved --
2 MS. RESNICK: We've already -- it's on a list, a
3 maintenance list. I remember the maintenance list coming
4 around, that the county turned it over to us . And I 've
5 been on the receiving end of phone calls from people who go
6 to that church that say, "Please grade the road, " or
7 whatever. So I know we've been maintaining the whole road.
8 MR. PRIEST: I 've never seen the county out there
9 doing it; I 've always seen you guys doing it.
10 MS. RESNICK: But when it comes to improving it,
11 I don't know if the county would be okay with just putting
12 a stabilized road there_
13 MR. SHAPIRO:. Well, the county allows people to
14 do dirt roads . I mean, to put -- I mean, we 're the ones
15 that usually won't allow anything on an unimproved road.
16 That's -- in this case we're saying -- or I mean
17 unimproved -- paved road.
0
U
0 18 We really don't -- our land-use regulation
2
W 19 doesn't even allow us to -- allow a building to be built
20 unless it's on a paved road. So we're stepping one step
21 over that because this thing's an existing situation.
22 MR. WAGNER: Yeah. That's -- that's my primary
23 concern, is an expansion of an historical existing use.
E
0 24 We're adding an occupancy. I 'm not sure even -- you know,
25 building-wise, concerned about the code and adding -- just
20
1 what you said before, we're expanding a use and our code
2 typically requires any use to be on a paved road, and --
3 MR. SHAPIRO: Yeah. But it's got to be
4 grandfathered in. I mean, you've allowed it to exist for
5 20 years .
6 MR. WAGNER: Well, the existing ,is grandfathered.
7 The use -- the expansion of the use is not.
8 MR. SHAPIRO: Well, you got -- I don't think
9 that -- I think you can say subject to the -- subject to
10 the right of the City to -- you know, the right of the City
11 to determine that, I guess we could put in the motion.
12 I guess it won't matter a bit if we can't -- if
13 we're not capable of making him do that, then that's -
14 then that's a situation that he has to deal with with the
15 county before we'll make any authorization.
16 So, I mean, you know, that -- I think if you just
17 say that as part of your motion, you'd probably be okay as
0
U
LL 18 far as covering -- you know, don't you think you'd be
19 covering it then? Then, if it isn't ours, he's got to get
20 approval from the county to meet -- to make it better.
21 MR. SHIRA: Uh-huh. Which they probably would
22 not withhold.
23 MR. SHAPIRO: Oh, they won't withhold it. I
24 think they'd rather have any -- you know, they don't care;
25 they never have cared about a road.
�, 21
1 MR. SHIRA: Yeah.
2 MR. SHAPIRO: That's one of the reasons why the
3 county is such a great place to live.
4 You got it moved and seconded. I 'd like to do
5 this by hand vote because I know that I don't think that
6 everybody agrees with this that much, and I know I don't,
7 but that may be -- I may be the only one, but I 'd like to
8 do that.
9 All in favor of the --
10 MS. RESNICK: Well, they're going -- they're
11 going to have to pay the full cost. The Florida Auto
12 Auction, does it have any access to this road?
13 MR. SHAPIRO:. No.
14 MS. RESNICK: Okay.
15 MR. SHAPIRO: They really don't have access, they
16 just use it.
17 MR. PRIEST: Well, they do have access; they've-
0
U
LL 18 got that one gate.
19 ACTING CHIEF WILSON: They do, yeah.
20 MR. PRIEST: They've got a gate and traffic is
21 constantly -- they use that road.
22 MR. SHAPIRO: Well --
Q
23 MR. SHIRA: Off of Wofford?
0
2
° 24 ACTING CHIEF WILSON: The west gate, it's just
25 down from the church.
22
1 MR. SHAPIRO: Yeah. It's just down from the
2 church. That's right. There is a gate there.
3 ACTING CHIEF WILSON: Well, they've basically
4 closed that. They won't allow people to go in and out of
5 that one now. They all make them go out the back gate.
6 MR. PRIEST: No. They're still --
7 MR. SHAPIRO: They're in and out of there when
8 they go in the side way.
9 MR. PRIEST: When I come by there, they've got
10 their guard standing there --
11 MR. SHAPIRO: Yeah.
12 MR. PRIEST: -- almost constantly, and he's got
13 people going back and .forth.
14 MR. SHIRA: Yeah.
15 ACTING CHIEF WILSON: We could make everybody go
16 in and out off Story Road.
10
O
17 MR. PRIEST: Then a lot of times they come off of
0
LL 18 that -- on the other side of Story and they come down.
19 MS. RESNICK: If they put in a stabilized base
a
W 20 that, yeah, it will help the car traffic . But you start
21 running rigs over that thing, it's not going to matter if
� r
N 22 it's got some rock in it.
23 ACTING CHIEF WILSON: Yeah. They'll tear it up.
f
° 24 MR. SHAPIRO: Well, you've got the motion, guys,
25 okay?. You can vote for it or you can vote against it;
23
1 that's your decision, okay? We've got to get moving on
2 this .
3 All right. This is subject to -- is your motion
4 to include "subject to the approval of the county" if the
5 county -- if it's part of a county road?
6 MR. WAGNER: Yes .
7 MR. SHAPIRO: All right. It's been moved and
8 seconded. All in favor of the motion, raise your hands .
9 (Raising hands in favor of motion: Mr. Flippen,
10 Mr. Wagner, Chief Strosnider, Mr. Shira, Acting Chief
11 Wilson. )
12 MR. SHAPIRO: All opposed?
13 (Raising hands in opposition of motion: Mr.
14 Shapiro, Ms . Resnick. )
15 MR. SHAPIRO: Okay. That's what you got. You're
16 going to have to do something to stabilize the road.
17
MR. PRIEST: Okay. So we've got to get
0
18 permission--
LL
19 MS. RESNICK: We got to tell you first --
W
20 MR. SHAPIRO: We'll tell you whether or not it's
21 a City road; we'll find that out.
22 MR. PRIEST: Okay. You're going to find that
0
N 23 out?
0
2 24 MR. SHAPIRO: Yeah. And as soon as we find out,
25 we'll give you a call, and then what you're going to have
24
1 to do is stabilize it. Androbabl -- I
p y guess you could
2 drop -- I guess they could drop crushed rock and roll it;
3 is that what they do? I have no idea what the hell to do.
4 MR. SHIRA: We'll talk to you about how to go
5 about it, get with you.
6 MR. PRIEST: Okay.
7 MR. WAGNER: Now, this will come up before the
8 Planning and Zoning Commission at a public hearing at which
9 time you have the opportunity to present your case as well
10 as the City Commission will have another public hearing.
11 MR. SHAPIRO: Right. I mean, you have the right
12 to fight that if you'd like. I mean, that's not -- that's
13 your right. I would suspect that, however, it's going to
14 be tough to beat because of the fact of the -- the
15 insurance responsibility.
16 MR. PRIEST: Uh-huh.
17 MR. SHAPIRO: We are liable to a degree if we
0
U
LL 18 allow that to exist in that manner. I just feel like the
i
W 19 auto auction should be paying a part of this; that's my
20 problem with this whole thing.
21 But I can't make them; I can't make them because
22 they got nothing at this point for me to make them do.
23 They've been getting away with this for all these years
U
2 24 and, you know, I thought they should have paved it to start
25 with, frankly.
; -
25
1 Okay. Is there any other
questions?
2 MR. PRIEST: I guess not.
3 MS. KING: The Planning and Zoning meeting is
4 August 24th.
5 MR. PRIEST: 24th?
6 MS. KING: Uh-huh. And the City Commission's
7 going to meet the third Tuesday of September.
8 MR. PRIEST: Okay. So --
9 MR. SHAPIRO: Are you selling aren't you try
10 to sell this church; isn't that the deal?
11 MR. PRIEST: Yeah. It's on the market.
12 MR. SHAPIRO: . Yeah.
13 MR. WAGNER: . The third Tuesday?
14 MS . KING: The first Tuesday has to be the first
15 reading of the ordinance, so then the second --
16 MR. WAGNER: Oh, that's right.
17 MS. KING: -- reading and the special --
d
U
LL 18 MR. SHAPIRO: Two readings .
W 19 MS . KING: -- exception will be the third
20 Tuesday.
21 MR. WAGNER: You have to wait for the rezoning to
22 go through.
23 MR. SHAPIRO: Thank you.
U
2
o 24 MR. PRIEST: Okay.
25 [The proceedings were concluded at 10 :06 a.m. ]
26
CERTIFICATE
STATE OF FLORIDA:
COUNTY OF ORANGE:
I, Louan Roe, Electronic Reporter, do hereby
certify that I was authorized to and did report the above
and foregoing proceedings at the time and place aforesaid,
and that the pages numbered 3 through 25, inclusive,
constitute a true, complete and accurate transcript.
Dated this 6th day of Se•tember 1994 .
WA\ ..Ai.
L'i Rs
STATE OF FLORIDA:
COUNTY OF ORANGE:
The foregoing certificate was acknowledged before me
this 6th day of September 1994 by Louan Roe who is
personally known to me.
ka.,tkee.u, e
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