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Home My WebLink AboutItem III(A) Acceptance and Approval of Minutes of the Regular Meeting held September 20, 1994, Workshop on September 20, and Budget Public Hearing held September 21, 1994 DRAFT AGENDA 10-4-94 0 Item III A I Subject to Board Approval MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS WORKSHOP HELD September 20, 1994 CALL TO ORDER Mayor Vandergrift called the workshop to discuss permitting the use of signs on weekends to order at 6:00 p.m. in the commission chambers. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Gleason and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Planning Director Wagner, Building Official Flippen and City Clerk Grafton. ABSENT: None City Manager Shapiro said that the issue was whether to amend the City Sign Ordinance to permit directional signs and/or stake signs on the weekends for the benefit of builders and realtors during the time which traditionally was used by citizens to shop for property. Mr. Cliff Wilson, Mercedes Homes, asked for a positive response to this matter as they had been unable to get people into their location until they put up directional signs. He said that their sales went from 0 to 35 the first time signs were used. He assured Commission that if permission were granted they would take the signs down before Monday mornings and would contact other agencies and encourage them to do likewise. Mr. John Resnik pointed out that if such signs are permitted for builders and realtors they must also be permitted for yard sales. Ms. Lou Armesto, General Partner, Crown Homes Inc., said she is a member of a task force regarding signs, that they would do self-policing, that they had no problem paying fees for the permits (and/or fines for violations), and suggested a bonding system. She said she has collected city, county and state ordinances statewide and they are divided according to need. Ms. Frankie Kind said she wants to have signs for open house and asked that realtors not be lumped in with Home Builders Association signs. Mr. Ken Oslinger asked Commission to be open minded about the use of signs. Mr. Shapiro asked Ms. Armesto for copies of the ordinances she has collected for staff review along with names and addresses of people to contact. Commissioner Gleason said he supports the concept of permitting signs on weekends since Commission has the right to re-write the ordinance if it does not work out. Commissioner Combs said he has reservations but would not stop the continuation of the DRAFT Subject to Board Approval Ocoee City Commission Workshop re: Permitting Signs on Weekends September 20, 1994 discussion. Commissioner Foster said he could listen to more. Commissioner Johnson agreed. Mayor Vandergrift said that something like this can enhance the community. Mr. Shapiro said that in reviewing the ordinances provided by Ms. Armesto they will be looking at both private and public properties and will submit recommendations. ADJOURNMENT The workshop adjourned at 7:05 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 2 H MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING HELD September 20, 1994 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. Rev. Lester Weldon, Ocoee Church of God of Prophecy, led in the prayer and Mrs. Hilda Ems, president of S.A.L.T., led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift. Commissioners Combs, Foster, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Personnel Director Psaledakis, Planning Director Wagner, Building Official Flippen, Public Works Director Brenner, Fire Chief Strosnider, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift presented the following Proclamations: Fire Prevention Week - October 6 - 15, 1994. Grandmothers' Month - October, 1994. Special Recognition - Jewell Vernon Long, for earning his GED at age 90 years. CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Gleason, seconded by Commissioner Combs, moved to approve and accept the consent agenda as presented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Regular Meeting held September 6, 1994 and Budget Public Hearing held September 7, 1994. B. Approval and Acceptance of Wesmere Village 12 & 13 - Final Subdivision Plans. COMMENTS FROM CITIZENS/PUBLIC Mrs. Frances Watts, 43 Shell Key Court, asked that Kissimmee Avenue be striped from Story Road to McKey Street as it is difficult to see where the road is at night and in bad weather. Mrs. Watts also advised that a light on the Sysco property shines directly into the driver's eyes when traveling on Kissimmee Avenue, causing a hazard. Mr. Shapiro advised that Sysco plans to expand soon and any striping done now would be messed up but that someone would contact Sysco about redirecting the light. Mr. Carl Meyer, 2205 Essex Drive, and Mrs. Meana Tripp, 2200 Essex Drive, advised that they had reported a problem with standing water in the sidewalk area at Mrs. Tripp's address causing mosquitoes, bugs, snakes, and algae but nothing had been done as yet. She asked whose responsibility it was to keep it clean. Mr. Shapiro advised that staff will check into it. DRAFT AGENDA 10-4-94 Item IIIA Subject to Board Approval MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING HELD September 20, 1994 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. Rev. Lester Weldon, Ocoee Church of God of Prophecy, led in the prayer and Mrs. Hilda Ems, president of S.A.L.T., led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift presented the following Proclamations: Fire Prevention Week - October 6 - 15, 1994. Grandmothers' Month - October, 1994. Special Recognition - Jewell Vernon Long, for earning his GED at age 90 years. CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Gleason, seconded by Commissioner Combs, moved to approve and accept the consent agenda as presented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Regular Meeting held September 6, 1994 and Budget Public Hearing held September 7, 1994. B. Approval and Acceptance of Wesmere Village 12 & 13 - Final Subdivision Plans. COMMENTS FROM CITIZENS/PUBLIC Mrs. Frances Watts, 43 Shell Key Court, asked that Kissimmee Avenue be striped from Story Road to McKey Street as it is difficult to see where the road is at night and in bad weather. Mrs. Watts also advised that a light on the Sysco property shines directly into the driver's eyes when traveling on Kissimmee Avenue, causing a hazard. Mr. Shapiro advised that Sysco plans to expand soon and any striping done now would be messed up but that someone would contact Sysco about redirecting the light. Mr. Carl Meyer, 2205 Essex Drive, and Mrs. IIeana Tripp, 2200 Essex Drive, advised that they had reported a problem with standing water in the sidewalk area at Mrs. Tripp's address causing mosquitoes, bugs, snakes, and algae but nothing had been done as yet. She asked whose responsibility it was to keep it clean. Mr. Shapiro advised that staff will check into it. Mrs. Mary Myers, 140 W. Circle Key Drive, expressed her appreciation for the lights recently put in Pioneer Key Park I, and for the neighborhood watch program. PUBLIC HEARINGS SECOND READING OF ORDINANCES ORDINANCE NO. 94-22, RELATING TO THE RIGHT-OF-WAY UTILIZATION PERMITTING PROCESS. DRAFT Subject to Board Approval Ocoee City Commission Regular Meeting September 20, 1994 This ordinance was presented by title only for the second reading and public hearing. City Engineer Shira gave the staff report. The public hearing was opened. As no one wished to speak the public hearing was closed. Commissioner Foster seconded by Commissioner Johnson, moved to enact Ordinance No. 94-22 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. ORDINANCE NO. 94-23, RELATING TO PROCEDURES FOR REFUND OF WATER/SEWER DEPOSITS. This ordinance was presented by title only for the second reading and public hearing. Mr. Shapiro advised that this ordinance was prepared at Commission direction. The public hearing was opened. As no one wished to speak, the public hearing was closed. Mayor Vandergrift, seconded by Commissioner Gleason, moved to enact Ordinance No. 94-23 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. RECESS 8:25 P.M. TO 8:37 P.M. ORDINANCE NO. 94-24, REZONING PER CASE NO. R94-07-02: WINTER GARDEN SEVENTH DAY ADVENTIST CHURCH. This ordinance was presented by title only for the second reading and public hearing. City Attorney Rosenthal reviewed the procedure for quasi-judicial issues as it related to this agenda item and the two following items. Planning Director Wagner read the staff report dated September 1, 1994 into the record. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason, seconded by Commissioner Foster, moved to adopt Ordinance No. 94-24 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. CASE NO. 1-4SE-94:WINTER GARDEN SEVENTH DAY ADVENTIST CHURCH SPECIAL EXCEPTION. Planning Director Wagner read the staff report dated September 15, 1994 into the record. City Attorney Rosenthal entered into the record items distributed at the beginning of the meeting: 1) Transcript of the Development Review Committee Meeting of August 9, 1994 regarding this matter; 2) Copy of correspondence dated October 11, 1989 from Mr. William Massi, Manager, Orange County Engineering Department, to Mayor Thomas R. Ison regarding Wofford Road; Rosenthal's memorandum dated September 20, 1994, which included copy of the Land Development Code setting forth the standards to be considered by Commission in action on a Special Exception. Mr. Rosenthal gave a legal opinion regarding the DRC 2 DRAFT Subject to Board Ocoee City Commission Regular Meeting Approval September 20, 1994 recommendation that a motion made by Mr. Shapiro was not included in the recommendation as presented and that Condition Number 8 should be set forth as follows: "(8) That Wofford Road be improved by the Church from State Road 50 to the Church entrance prior to issuance of an occupational license for the child care facility and that such improvement be as a stabilized road adequate to support fire truck access to the Church property, with the qualification that the City determines that it has jurisdiction over this portion of the roadway and can approve any improvements thereto." (Revisions underlined) Mr. Rosenthal recommended also that Condition Number 5 should be revised to include ..."or such other religious organization as may subsequently own the subject property." In addition, Mr. Rosenthal recommended the following Findings of Fact: 1. No special exception has been previously granted by the City to use the property as a school or as a child care facility. 2. No occupational license has been issued by the City for use of the property as a school or as a child care facility. 3. Use of the property as a church is permitted without a special exception because the property was used as a church at the time of annexation in 1974 and has been continuously used as a church. 4. In October 1989, the County advised the City that it would no longer maintain Wofford Road between SR 50 and Story Road. 5. In order to protect the health, safety and welfare of persons attending the school and/or child care center, certain improvements to Wofford Road are required. The specific improvement required is a stabilized road adequate to support fire truck access to the property. 6. The property is suitable for up to a maximum of 61 teachers and students, subject to upgraded fire safety improvements necessary in order to meet current Code requirements. The public hearing was opened. Mr. Frank McMillan, representing the Conference of Seventh Day Adventist Churches, apologized for not getting the special exception when the property was first brought into the City, and said that the Church has no objections to Conditions 1 through 7. He expressed agreement with the modifications to Number 5 as recommended by Counsel. Mr. McMillan submitted for the record a letter dated July 17, 1990 from the City of Ocoee Public Works Director to the City of Winter Garden saying that the cities shared responsibility for maintenance of Wofford Road and another letter dated July 24, 1990 from Janet Resnik, City of Ocoee, indicating the City had assumed the responsibility of maintaining the road. He asked that Commission approve continuation of the school of at least 25 staff/students and asked for the improvements to be necessary when they reach 61 in number. 3 DRA FT Subject to Board Ocoee City Commission Regular Meeting Approval September 20, 1994 Ms. Cheryl Wofford Bushie, and Mr. Ronald Wofford, both neighbors to the church, addressed the issue of additional traffic and Mr. Frank Thompson distributed pictures of the road. Mr. Ron Priest, Pastor of the church, said the road should have been graded on a regular basis, and that recent extensive grading in the last few days had caused a problem. The public hearing was closed. Following a discussion regarding possible solutions, Mr. McMillan requested that the matter be continued for 30 days. Mr. Shapiro said that would give Staff an opportunity to research the possibilities. Mr. Rosenthal pointed out that if a continuation is agreed to, the City would be allowing the school to continue but no expansion would be allowed. In response to Commissioner Foster's question about talking to the participants, Mr. Rosenthal responded that Commission should communicate only through Staff. Commissioner Combs, seconded by Commissioner Foster, moved to continue Case No. 1-4SE- 94: Winter Garden Seventh-Day Adventist Ctiurch to October 18, 1994 at 7:30 p.m. Motion carried 5-0. RECESS 9:59 to 10:05 P.M. CASE NO. 1-3SE-94:ST. PAUL'S CHURCH - SPECIAL EXCEPTION. Planning Director Wagner entered into the record his staff report dated September 15, 1994, and advised that Staff recommended approval of the special exception to permit a temporary placement of a modular classroom building on site based on the DRC unanimous vote of August 9, 1994 to amend St. Paul's Presbyterian Church Special Exception subject to the following conditions: 1) That the Amendment is subject to the same three conditions of approval of the Special Exception granted November 16, 1993; 2) That the site plan be administratively approved by City Staff; 3) That the modular building meet all applicable building and fire safety codes; and 4) That the Amendment is temporary for a one year period until permanent facilities are constructed. Bryan Stamper, Pastor of St. Pauls Presbyterian Church, was present to answer questions. 4 DRAFT Subject to Board Ocoee City Commission Regular Meeting Approval September 20, 1994 The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason, seconded by Commissioner Combs, moved to approve the special exception as recommended by Staff. On, roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0. FIRST READING: ORDINANCE NO. 94-25, AMENDING ARTICLE IX OF LAND DEVELOPMENT CODE REGARDING CONCURRENCY. Second reading and second public hearing are scheduled for October 4, 1994 at 7:30 p.m. This ordinance was presented by title only for the first reading and public hearing. Mr. Rosenthal announced that this was the first of two public hearings scheduled for this item. Analyst Resnik advised that this step was necessary in order to put the recently adopted provisions into the Comprehensive Plan. The public hearing was opened. As no one wished to speak, the public hearing was closed. Mayor Vandergrift announced the date and time of the second reading and public hearing. RESOLUTION NO.94-19,VACATING/ABANDONING A PORTION OF REBA STREET. Mr. Rosenthal presented this resolution by title only and advised that in the body of the resolution the references to September 20, 1994 had been changed to September 6, 1994 on the original, that the easements referenced in the staff report are included in the text and the utility companies have approved the easements. The public hearing was opened. Mr. Jerry Scott, 500 Apricot Drive, raised several questions. The public hearing was closed. Commissioner Gleason, seconded by Commissioner Johnson, moved to adopt Resolution 94-19 as presented. Motion carried 5-0. RESOLUTION NO. 94-20, VACATING/ABANDONING A PORTION OF RIGHT-OF- WAY OF OAK STREET. This resolution was presented by title only. During the presentation Mayor Vandergrift left the table for three minutes at 10:25 p.m., turning the gavel over to Mayor pro tern Johnson. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Foster, seconded by Commissioner Combs, moved to adopt Resolution No. 94- 20 as presented. Motion carried 5-0. DEL GUERCIO ESTATES-PRELIMINARY/FINAL SUBDIVISION PLANS AND FINAL PLAT. Planning Director Wagner presented the staff report and recommendation to approve subject to the items listed by City Attorney in a memo dated September 14, 1994. Those items included providing certain receipts and documents, relocating easements, and confirming that the legal description accurately identifies the property. The public hearing was opened. As no one 5 DRAFT Subject to Board Ocoee City Commission Regular Meeting Approval September 20, 1994 wished to speak, the public hearing was closed. Commissioner Gleason, seconded by Commissioner Johnson, moved to approve staff recommendation as presented. Motion carried 5-0. RECESS 10:35 P.M. TO 10:45 P.M. OTHER BUSINESS RESOLUTION NO. 94-16, ESTABLISHING RIGHT-OF-WAY UTILIZATION PERMIT FEES. This resolution was presented by title only. Commissioner Combs, seconded by Commissioner Gleason, moved to adopt Resolution No. 94-16 as presented. Motion carried 5-0. RESOLUTION NO. 94-21, RELATING TO PERFORMANCE EVALUATION SYSTEM FOR GENERAL EMPLOYEES. This resolution was presented by title only. Personnel Director Psaledakis thanked former Mayor Dabbs for his input and explained that this document reduces the employee performance evaluation manual to 2 pages. Mayor Vapdergrift, seconded by Commissioner Combs, moved to adopt Resolution No. 94-21 as presented. Motion carried 5-0. RESOLUTION NO. 94-22, RELATING TO THE ACCRUAL OF INTEREST ON WATER/SEWER DEPOSITS,THE PAYMENT OR FORFEITURE OF THAT ACCRUED INTEREST, REFUND OF DEPOSITS AND/OR APPLICATION OF DEPOSIT UPON TERMINATION OF WATER/SEWER SERVICES. This resolution was presented by title only. Administrative Services Director Beamer gave the staff report. Commissioner Combs, secopded by Commissioner Gleason, moved to adopt Resolution No. 94-22 as presented. Motion carried 5-0. DIRECTION RE: CHARTER REFERENDUM REGARDING MUNICIPAL ELECTION DATE. Mr. Rosenthal presented his report on the options regarding the municipal election date. Commissioner Johnson, seconded by Comm]ssioner Gleason, moved to leave the issue alone and ask the State to pass a special bill. Motipn carried 5-0. APPOINTMENTS TO BOARDS GENERAL EMPLOYEE PENSION BOARD - Tanya Miller's two year term expires October, 1994. Commissioner Combs, seconded by Commissioner Johnson, moved to reappoint Tanya Miller to the General Employee Pension Board for al two year term expiring October 1, 1996. Motion carried 5-0. 6 DRAFT Subject to Board Ocoee City Conunission Regular Meeting Approval September 20, 1994 FIRE/POLICE PENSION BOARD - Nora Gledich's two year term expires October 1994. Commissioner Johnson, seconded by Commissioner Gleason, moved to reappoint Nora Gledich to the Fire/Police Pension Board for a,two year term expiring October 1, 1996. Motion carried 5-0. CODE ENFORCEMENT BOARD - Mark Slaby's resignation has been submitted. Commissioner Johnson, seconded by Mayor Vandergrift, moved to table this item until October 4, 1994. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Combs: - Praised Prima Vista Homeowners Association for the attractive entrance improvements and trees all around the subdivision. Commissioner Gleason: 1) Congratulated City Manager Shapiro, Personnel Director Psaledakis and Acting Police Chief for hiring the new Police Chief. 2) Thanked Administrative Services Director Beamer for her efforts in completing the new municipal complex, City Clerk Grafton for planning the grand opening and the large number of citizens for attending the event. 3) Advised that there is a sink hole needing attention in the WalMart Shopping Center behind McDonalds near the stop sign. 4) The front of Good Homes Plaza continues to wash away and be unsightly. 5) Said that he is not looking for the City to become involved in Homeowners Associations affairs but does want a policy holding developers responsible for a development until it is turned over to the city. 6) Asked Public Works Director Brenner to do something to the Sidewalk on Orlando Avenue near the West property as it is impassable due to weeds. 7) Thanked Prima Vista Homeowners Association for their efforts on beautifying the entrance. 8) Asked that the speed limit sign in Sleepy Harbor be placed closer to the entrance. Commissioner Foster: No comments at this time. Commissioner Johnson: 1) Street lights in the Ocoee Hills Road/Flewelling Avenue area must be out as it is very dark there. 2) Expressed appreciation for the open house for the new municipal complex. 7 DRAFT Subject to Board Ocoee City Commission Regular Meeting Approval September 20, 1994 Mayor Vandergrift: 1) Thanked Brian Hayes for the community service rendered and the manual on loss prevention he prepared for the City to be distributed to the citizens. 2) Congratulated Thomas Higgins for achieving the Eagle Scout designation. 3) Distributed maps showing proposed routes for Lynx System and said that Paul Skoutelas has committed to one or two lines in the city by the end of this year. 4) Expressed mixed emotions about this week being the last time commission meetings will be held in this building. 5) Announced again that the City will sponsor a team for the Heart Association Bowlathon on October 2, 1994. ADJOURNMENT The meeting adjourned at 11:30 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 8 ATTACHMENT TO MINUTES OF OCOEE CITY COMMISSION MEETING "C. HELD ON SEPTEMBER 20, 1994 AGENDAv 9-20-94 Ocoee Item V D ° J P LITY OF UCOEE RUS rY ON°'" a s Z.; 0 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 VERN COMBS 4r* .;;. �`yv (407)66(x2322 JIM GLEASON 41"4 OF G000 ariMANACE FLUS 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 Northeast corner of the Southeast 1/4 of the Southeast 1/4 or Section 24, Township 22 South, Range 27 East, run South 00 degrees CO minutes 40 seconds Fast 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 fast L79.26 feet. along said East boundary; thence South 33 degrees 32 minutes 26 second:. West 945 feet parallel with the North boundary or the Southeast 1/4 of the Suutheast 1/4 of said section 24; thence North CO degrees 00 minutes 40 seconds West 234.15 feet; thence South 88 degrees 07 minutes 53 seconds East 945.2C fee: along :he center line of a ditch to the point of beginning. (Containing 4.4843.. acres }. . CITY OF OCOEE SPECIAL EXCEPTION CASE NO . 1-46E- 94 : WINTER GARDEN SEVENTH-DAY ADVENT I ST REQUESTED SPECIAL EXCEPTION SCHOOL AND CHILD CARE FACILITY IL-1 "�PtlAL G I _ i �11I I III II I I I III TCRY R $ ,Ec ie ss%3I ANINIIII i t ; i -- .1 1 /I I / f LiPII SR 50 Ii ( ,CR 71=STRATION PURPOSES ONLY) T rilS SPACE FOR i ' PRCJEO+T NO. 1 /8E 9 vj' ` CITY USE ONLY 112,k JUL 2 9 1994 FEE Ctic1�U_o.;( Qyi 8C DEPOSIT AMOUNT d I v.)cC //'f/(• CITY OF iOCOEE DATE PAID RECEIPT NO. CITY OF OCOEE APPLICATION FOR SPECIAL EXCEPTION (PLEASE TYPE CR PRINT ALL INFORMATION) SPECIAL EYCEPTTON S 750.00 (This application is only for those spacal exceptions'which are ccnsistent with the Cty of Ocoee's Comprehensive Plan. All others must submit Comprehensive Plan Amendment applications.) nq • Pr;es---r 1 ascr/ 1. APPUCANT'S NAME (JO (- 60.rote _5t;ie (-1-44) -c a ' r It e APPUCANT$ ESS: P-(1 • l�� `� 7 7 I (T'i 1,13 ( r)*e C a c�c,e 1l , 6 Li 7 7'7 TE_FHCNE NUMBER: 1 : - 7 C -3,7,71-7‘ _ .- - - OWNER CF RECCRC: c--`is t 1 Q. r-rfe2 15 S cc(Q-1-1,cif) e i� 5 d vl i�1-dC ( (-r.I: CWNER'S ADDRESS: -13.G . (3Q :( Pa.c" . P( - 79C 6'9,6 CAT - 6--O Q n Ott,: 6.�,/ . 1.1/ • ;If rncre than cre cwner, please attach adciticnal sheets) NOTE: A separate acciicaticn fee is ccilec:ed fcr each action scugnt and fcr ncn-cntigucus parcels cr fcr parcels held under separate ownership. Upcn request. payment cf the abcve fee entities the acclic rnt to a copy cf the City cf Cccee's Land Development Reguiaticns. 3. ?RCPERTY LCCATICN: A. CIRECT1CNS TO PRCPE.T Y: `-k:14:5 t�C ici ]'CCI,. \i ES ‘it-TLti d e.c ) ,LLST' -► r‘r L'2 LC''tCn . L GAL CESCRIPTICN: ALL. APPLICATIONS MUST PROVIDE THREE (3) E(ECU T ED, CERTIF: ANC SEALED BOUNDARY SURVEYS FCR THE SUBJECT PARCEL WHICH SHALL INCLUDE A ME T ES-ANC-3CUNDS LEGAL CESCRIPTICN. ATTACH SURVEY WITH FORM-19 Apptic:atfcn `cr Sped E:caption UL LEGAL DESCRIPTION AS :IBIT SPEC:FY 3ELCW: SE CN-T CWNSHIP- RANGEvUBCIVISION-i-OT AND-dLr"'.C:<, AS APPUCAEL= C. PRCPER i Y TAX O. NC(S): ! t 'G 7 V A l ` j '5"-C 4, 3R!EZY SPEC:FY THE DEVEi-OPMENT HISTORY AND OWNERSHIP OF THE SUBJECT PARC-.(S) SINCE JANUARY 1, 1985, INCLUDING YEAR LOT WAS C. YEAR ANN 4i. AND PREVIOUSLY SUBMI i I tJ CEVE_OPMEYT APPLICATIONS, CONING r`-cef q Cci_vae C[Aufc' Ul ( ( Vl V t63. !r1 1 1`74 oro oat -k) LA;a 5 cineKC8 Gcc (-4,‹ 5cr\jr( 7..0»e. d g t -/-A ri UCC 1 1-r 're cl 2..cr S. PRCPCsE USE OF THE SUBJECT PARCEL IF TriE PRESENT APFL;C.ATTCN(S) IS/ARE GRANTS? E 'n_ �j�` H .7ckcc ( / C.. 6trICS C.q(' ., . 5. SPEC:FY ZCNING CR PARCELS IMMEDIATELY ADJACENT TO THE SUBJECT PARC Si A. NCRT,�: i' ' / c: a. scum: C - i•t)� „ C' en C. EAST: D. ..S�_ : r 7. NUMEERt CF £IIS ING BUILDINGS AND EXISTING ING LAND USE CF THE SUBJECT PARCEL: u.. (L4 c' ` 1G I L14-.7 ,74-u 3t.1 (Ct i 3. SPECIAL EXCEFTICN APFLCA T ICNS ARE RE.=ERRED TO THE BOARD CF ADJUSTMENT FCR A PUBLIC HEARING, STUDY, AND RECCMMENDATICN, AND ARE THEN FORWARDED TO THE CST! CCMMISS;CN FCR FINAL ACTTCN. ?- BRIE Y AGGRESS T,iE FC(„_CWING. A THEN E~� AND JUcFCATICNFCR THE:E ;E':UES i D r1CiCN: 4'2 LL(^� L �� Ir•CC a��CI V\! i Ll (^ FCRM-19 2 Apptic Afton for Specal Excepdcn ia. HOW WILL THE FCLLCWING ESSENTIAL SEatVICES BE PROVIDED? A. POTABLE WATER: B. WASTEWATER. TREATMENT: 5e Q T(C C. STCRMWATER MANAGEMENT: A osAe rec. uii`p c ct+ 44t,k,e ,,� bc;c �di vt3 J 0. RECREATION: r<<tV cc wvt C e4 u AFI E. SCHCCLS AND PRCJE. NUMBER CF SCHOOL AGE CHILDREN: F. MAIN HIGHWAY ACCESS (A traffic study may be required): t4 Y - •5 G G. E ?RC i Fre SIR T iiCN (NOTE: icw data will be required before final platting): . r- � ��vJ C1 Ccce c 11. SUBMIT A P RE_IMINARYSI T E PLAN ILLUSTRATING T HIE FOLLOWING: A. PRCJECT NAME. B. NAME,ACDRESS,AND T LERHCNE NUMBER CFT'r'EAPPLICANT, OWNER, ENGINE_R, AND SURVEYOR. C. SUETMI i i AL AND REiISiCN 0. PRCMINENT NCR T ARRCW. =. SCALE AT NCT LESS i r=AN 1' = ICC' A'SEAL-D'SCUNCARY SURVEY,INCLUDING A LEGAL DESCRIPTION,TOTALACREAGE. AND SHCWING LINEAR CIMENSICNS AND SURVEY HEADINGS. G. EXISTING AND PRCFCSE7.� ZONING CF SUBJECT PRCPERTY AND ADJCINING PARCELS. H. LCCA T TCN MAP WHICH CLEARLY SHCWS THE SUBJECT PARCEL WITH RESPECTTO EL'S T(NG PCACS AND LANDMARKS. I. LCCATICN, NAME RIGHT-CF-WAY WIDTHS, AND PAVEMENT WIDTH .CF EXISTING STREETS AND PRCPCSED INGRESS AND EGRESS ?OIN T S. FCRM-ig 3 Application °cr Scec.aJ Exception J. EXISTING TCFCGPAFHY AT CNE (1) FCCT CONTOUR INTERVALS SASc'7,. CN THE CRANGE COUNTY DATUM, IDENTIFY AT LEAST TWO (2) BEJC:R MARKS. K VEGETATION TYPES. WCCDQ AREAS, AND LIKE..Y CONSERVATION ZONES. L LIMITS OF 100-YEAR FERAL FLOOD PLAIN AND NORMAL HIGH WATER��/ATICNS • OF ALL LAKES AND WETLANDS. M. IDENTIFY SOIL TYPES USING THE U.S. SOIL CONSERVATION SERVICE SYSTEM. N. ANY OTHER INFORMATIONDEEM=• NECESSARY AND APPROPRIATE BY APPLICANT TO HELP DETERMINE COMPLIANCE WITH THE CITY CF CCCE'S DEVELOPMENT CODES. LIST AND ILLUSTRATE ITEMS SC IDENTIFI ': 12. APPUCANT SHALL SUBMIT A LIST OF THE OWNERS' NAMES AND MAILING ADDRESSES FOR ALL PROPERTY LYING WITHIN THREE HUNDRED (300) FEET CF THE PERIMETER CF THE SUBJECT PROPERTY, PER THE LATEST EST ORANGE COUNT! PROPERTY APPRAISERS AD VALOREM TAX RCL_ FAILURE TO IDENTIFY ALL ADJACENT PROPERTY OWNERS MAY CAUSE T H'E SUBMI i APPLICATION TO SE DENIED. FORM-19 4 Acpiicaticn for Scecai ":cannon CTY OF OCOE=, FLORIDA OWNER'S AFF DAVIT STATE OF Ff ricta CCU YCF C)rctric,e Before me. the undersigned personally appeared She ol,c it l,v, (Scvl who duly swcm on cath, depose(s) and say(s): Vice Prdsident, Florida Ccnfe being firsto �' ttr-may. :khenti= 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. Z That they/she/he desire(s) c pet:«t t 1=xc�p+i o r- -f r -,c k o c J cL�c1 C t\l« C�u ,.5 (specify action sought) for said property. 3. That they/she/he/ have/has appointed R c l\a (8 0. Pr-c e 5-i- (specify himself or agent) to act as agent in their/her/his behaif to accomplish the above. 4. That they/she/he affirm(s), certify)`es) and will comply with all ordinances, regulations and provisions cf the Cty Code of the Cty cf Ocoee, and that all statements and diagrams submitted herewith are true and accurate rate to the best of their/his/her knowledge and belief and further, that this application and attachments snail become ;art of the official records of the Cty of Cccee, 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 far ail prceerty lying within three hundred (300) feet of the perimeter cf the subject parcel, as recorded cn the latest official Orange County Tax Polls. 6. That prier to the public hearing, if applicable, signs will be prominently'posted an the subject parcel net less than twelve (12) days before the application will be considered by the Planning and Zoning Board cr the Scard of Adjustment, and will remain posted until final deterrninaticn, after which time the notions are to be remcved and destroyed. _ L'jg-;,.___- ...- • Cwneeetignature Vice President Florida Conference Association of Seventh- Swcm to and subscribed before me this /4Cday cf Av.., c.r`S� 19 5 f by Si��K.r v 4-4441 wRo Dal" is perscnaily know to me as identification, and who took an Adventist= cath. Steen Wilson. . ar,/ , ` Awa±^; irn of �c E Nctary ',!tile �.4,t,.t.s.e ... G'-�c My ci.mmissicn expires: YCTARY PUBL:C. STATE CF FLORID.L'� . _ MY CO;dM{SSiOV 7,PiREs: AUG. 20. 1994 . 7 . -- 3ONOE:J TMRU NOT.IRT ?UHL:C'JNOGRWR1TEr. - F CRM-i9 5 • •r 1 I l i i C ' Ti1\ . I !� 2 7�Qi Q tfrNV. Ott f!v(3 j'�l f \ ,v^.t rhi ?cuN. 0/441Y a i= .SE. GF -1&-. 2 ":.7 Con? of Jc%¢ d i 1 i .r /qZ' !r OFer:., � 1 �� i , ?,9cc ✓� � :' i I �. � • � �} J i Iiia' I 4,, ,, ••••1r' Q It 2 ••0' • 'iii c� u.2 r ?',r�.; 1� ; t ,A,707-a- : 3u1L p 4/4s I . / 9 t n i ,�_ u� 1 ' ,V I i - ; I 1 4 i i • i Of 's `t31 " 9 e 4 o'c9�O e i ,SSE 5 k i / ck" Qc sck7;vTiOx/,� j i .i Gr ..7:Z7:1':r:'E5 ' 1 THE SURVEY its Cl „ ^ :iR =G.st .�.v NEI;;;;41 tJ C:_. `; . . i . LM ;j �.i 2%♦`. ' .:�i �:TTer 4:V '.Cwt .A :QCZ F _ft:7:r111771k! Sr711rsnfElyC1 , :..f TI.%c r= �ri9,; a " .4...5:10C-417'W. r�te' • ..... � P.O. :'C 2167 i`' :'+/ .3i N. ?a r.!0 .1`:P.:::=Z '•::Z .y;J�e. c— /4q. .Y yE..a' . -2yfw;i7 'One P kri c2:: a: fha -=1 Cffc "•ic3 �. ,/f O�C (SnC Z : 4:,C e .5%,/6:574. 4 s _ trm .;r: fans' 4 A•:1:.1.1'7 -..77:.") ..e a I:pl I 4.11111!: t 116-47;" , 44filikritirittr- e, :i • p t..:‘-- ,,-:41„... 4 I .fade this Al - LS th _ I Between September, • .d. D. 19 63, Between rrfURmV fid_ waFFQIZo aria JUANITA B. WOFFCAD his wife, of lice County of - Gran e _ + g� and Stare of - Florida • par„ firs of lna/first par', and Fr OASn.A � F DAY ribs of eS, whose call' CCNF RaNC:: ASSCCrATIG'+1 OF SEVE�iTH a corparal:r»s a mailing address is : Bac 1313 ting wider the lazes of the State oOIaada, t�IorYda, i having its principal place of business im the Countyf Florida- Oraa e - State o f - F 1 o rida _ party o f the second part, a7zd Witaesseih,, that J.. he said part ics of the first part,for and in cansideraten of the sum. of other valuable considerations and Ten and No/IQQ Dollars, ` j to the= in hand paid, the receipt whereof is itereoy acicnowlegded, have granted, bargained, sold, aliened, remised, released, enfeoffed, conveyed and con- firmed and b1 these presents do !rant, bargain, soli. alien, remise, release *•` i errfeoir, convey and con/ 27st47 the said sots and party of the second part and its 9ucces- zrsidrzs foreuer, ail that certain parcel of land lying and being in the ' Colt�fty of - Orange - descr described as and State of Florida, more partre:slarly \` 1 follows: r I nee r ma's-atm J :From the ;tor;beast corner of the Southey -'_''' _== 1 or _tee Southeast :j ar" _ st '% = - I! 22 South , Range 27 �3$• Section ?� i-,. " ;'- on 24, _ownsh' - �' 00 minutes 40 3eCoa `' rata South 00 deer-es :i:1' .' % .1'..7 mast boundary ass t 299. 74. feet. along. the -' '. =a _ 'l or he Southeast 1/.t of �'t'` = ' - •.-:-.. -• or a �cia_ o E beginning;• said Section .: .> .: -a: }� 00 degrees 00 g . thence continue South '•,at,:ii.: Lti‘ c _0 g minutes 40 seconds - T79.26 J,7f7.11L_:.t,l[! along said :ust boundary; thence South Qae reot }t} '"t :IUI 32 ainutes 26 �8 deg_e,.s seconds West 945 feet parallel with l the North boundary of the Southeast 1/4 -_ -- Stheast //4 d section 24; :hence of the JF 3a� .-- n degrees 00 minutes 40 seconds Vf_th Ot .1„..= i South 38 :degrees 07 ,aiWest _3:t.1� feet; thence ,,..., "` I i ^.'1tC�s 53 seconds3a 9.4.1'. 2.0 - - a-ocg the cent �e �: line Or a ditch. t0 the �CIIIt •�KLYL7rmg_ OS beginning. Cvv:I�3�:Z�Qg 4. 4842'. acres). --;`.:7-- ` s— r., _ c: 1.: . 1 SL w to _axe for ��; ''",:,..-4 ; :� s 1963 and enc,:mbraRces . or r n_o-.� .� - -, : .irsr0SIIT_�' 'Jr.7.Jnuat.TE ITI ,T, _�Y^�. r ji 1 0 ether with- all the ten�7nen hereditarne�tts and t -,ve: niii lege, ri/iyu', title. interest andestate, ajf dower, LC83J with. dower and right of 1�owp, r✓t1P,r3ipJ�,, ren2.ainder and easement thereto. be o7bi n; g or in anywise appertaining,: •t � To Have and to Hold , •z:ad the same in fes ChC the ;'airy Ji parties of the ; Tst part do 3irOT u`'8l. eC0!! L 3t.T t[st are + covenantzL�L the 3L^.d 7(STf� Uf' t o ? sazw' ply ,ieiaed Of :the said ,enri /'?•• of all :J71Gw712J1•CrLLS, and that � ue$, •�/[•:� they are i. to .e fall inch.:; and ce., JCS parties _hey- have good right and law ui author*y I t ,e e.'t , p ties of :he first part doth hereby fully roarrcnL �-e t•; said' land, and Will defend tate same against the Z'wful Clain of al persons Whomsoever. 1 inI tness .Whereof.f. `ze said parties of tire first part ha 7- hereunto 1 ::::)icti.. � � - � -- -~ ~'^~ ^ ==_�xce: . ' / / • � ' ) 11 // -� '�^ �' . -. - �� _-____ .-__' I | ^� 44,. ---_____--- -- .. ___ :.,*... _ ' X ~— / • . ' -Ain llle gR1do San >dgt.August 1.40990 • are OF OcoE! NOTICE OF KUM WARMS 1tD cOMSICER AP UCATiON - fon SPECIAL arsarTION !1-71-4,1(CASE NO.t-43E44r. • W.G.SEVENTH-DAY ADVENTIST) /40TICE OF HEREBY(EVEN pursuant: to Swtet 4 8 aV(2),Ocoee Laid 0e- vNdpm.at Cadet that on2a 1894 at 7:o pan or es anon the. r sr pn�ea& Si.OCOEE PLANNING,; ANO mNtt G COMMISSION ed hold a¢ Pt .JC.HEARING t a rogtrr sisalorr t the Ocoee Cortin ant doer, 175 North Lakeshore Oreo. Oooss� Fonda- and on Saotsmo.r 20. 1994 at 7130- pm.,or as mon there.ter as oractlol. the OCOEE CITY COMMISSION.will hold a PUBLIC HEARING at a sermon t oSi.Ocoee Corrrrustre= oar. 125 Nath Lakeshore Onve.Ocoee. 'oda.to camas an aodicellon Sod by Maar Gamin S.rend-0av Advent- at Pasch. for a SPECIAL EXCEPTION b torte a sand and chid ore car- tr n an 14-2, Coe-Family and Two- I ;mangy°worm Diana^,on certain reel roan d located �aah940 at at Story f beNortord da The ceanplate Case file.including a legal ae.=+pnon a Si.aub}.ct property.may be nec cted at the Ocoee ILea+y 0.. pentnrrt 150 North Lakeshore.OrNe. between.the hours of 8.00 a.ta and i90 p.m...Mornay though Friday;_ sttsrwar:I parties may app.oc at Mir macaw and be Mord welt respect b ACCEestion.Any person wen deers, , to=poet any Pocono',mode dung To pubaC hearing may need a remrd d the proce.ting and for Ins purpose w.fl need to ensure oat a veroaam recent of Toe prOCB.dngs a mace wroo acltdes Si.teeanory and mrrderc111 upon wnctr the a ceel is baud . AN GRAFTON.CITY. s K CITY OF OCOEE O1S8A64Q27 14.1994. t ATTACHMENT TO MINUTES OF OCOEE CITY COMMISSION MEETING HELD ON SEPTEMBER 20, 1994 III NORTH ORANGE AVENUE. SUITE 1800 ORLANDO. FLORIDA 32801 TELEPHONE (4071 423-7656 FACSIMILE 14071 648-1743 TAMPA. FLORIDA MAILING ADDRESS: MILWAUKEE. WISCONSIN JACKSONVILLE. FLORIDA POST OFFICE BOX 2193MADISON. 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 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, 1994 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 organization as may subsequently own the subiect 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\DOCSIOCO EIMEMOSVERDDH09.92I9l30I941 DE SHLER I PFA4h S G � A L C l-,i 7cAi, 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 mail 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. I (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 . 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 inablity 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 a? 7 77--C.—_, , n Public Works Dlvisio a C. L 2/� b V my Thomas M.Hgstingsy P.E.,Director . 7 ' Engineering Department William J.?Vista.P;E.,Manager :430 33rd meter Orlando.Florida 3 .109.4796 Telephoto(407)r44-7900 PAX 007)244.7999 , October 11, 1989 ' RECEIVED The H. arable T .... .s-11. j icon Mayo - of Ocoe• I SEP 1 v 1994 150 S Lakash• - 0 ive Ocoee, • - da 32 61. , FOLEY & LARDNER Subject: Wofford cad • Dear Mayor Ison: I Recent annexations by your city and the city of Winter Garden I reflect annexationlof the greater portions of Woffgrd Road and property contigiou thereto. In; accordance with Orange County policy, you are he nby informed that the County will discon- tinue maintenance f the aforesaid road, between W. B. McGee Highway (S.R. 30) nd Story Road; effective October 31, 1989 , If there are any gtlesti�ns, plea$e contact me. I Sincerely, IW E. • Liam J. Masi, P. � WJM/MRW/et • cc: Hal Marston, 0 ange County Commissioner Phil Brown, Co . ty Administrator George W. Cole, P. Ei, , Deputy Director, Public Works I Division William P. Baxter, P: E. , Manager, Highway Maintenance Mayor Bob Barber, City of Winter Garden 1 1 • 1 { Case No. 1-45E-94: Winter Garden 0 n 7 Seventh Day Adventist Church I� lJ 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:lW I DOCSIOCOEIPERDDH09JDlI9' '94IDEBBIEIPER131% ATTACHMENT TO MINUTES OF JUL 6 L l ] Ocoee ,( OCOEE CITY COMMISSION 1ETING MAYOR•COMMISSTONER '' HELD ON SEPTEMBER 20, 1994 LESTER DABBS,JR. .. ct :is- RUSTY COMMISSIONERS • 150 N.LAKESHORE DRIVE RUSTY JOHNSON vF j r. e3 OCOEE FLORIDA 34761 PAUL W.FOSTER (40n 656-2322 • VERN COMBS ''.1. ,/ '� July 17, 1990 SAM WOODSON �� or G000 �� CITY MANAGER ELLIS SHAPIRO /LI-sjtj 4/74/41( Mr. Marshall Roberson '412A,ALti4 / Public Works Director , V D City of Winter Garden7:1:2;.,- �""-"� 128 South Boyd Street - " Winter Garden , FL 34787 F /kA RE: Wofford Road maintenance Dear Marshall : Pursuant to our telephone conversation this morning regarding the above subject matter , I have attached a letter dated October 11, 1989 from Orange County to Mayor Tom Ison . Due to the recent annexations by your city and ours, it appears that our cities collectively are responsible to maintain Wofford Road (clay road) from W. B . McGee Highway (SR 50) to Story Road, effective October 31, 1989 . The City of Ocoee has the responsibility for the portion of the road from SR 50, extending northerly approximately 1,400 linear feet . The remaining portion of this roadway , as I understand it , is the responsibility of Winter Garden. Con- cerns regarding the maintenance of this road have surfaced from Pastor Floyd Powell . It would be greatly appreciated if you would place this road- way on your regular maintenance schedule , whereas our cities, collectively, can keep the roadway properly maintained. Should you disagree with the contents of this letter or have any questions regarding the above subject , please feel free to contact me . Sincerely, Ra mond M. Brenner Public Works Director RMB:jh enclosure CC: Ellis Shapiro, City Manager Buddy Elmore , P. P. T. D. Supervisor ✓t'anet Resnik, Planning ATTACHMENT TO MINUTES OF JUL 2 V3 OCOEE CITY COMMISSION MEETING MAYOR•COMMISSIONER OCOA9 [,ESTER DABBS,JR. HELD ON SEPTEMBER 20, 1994 4, 1:::1COMMISSIONERS IN 1101 Ilik 5er a 150 N.LAKESHORE DRIVE RUSTY JOHNSON v0 OCOEE FLORIDA 34761 PAUL W.FOSTER (407)656-2322 VERN COMBS �. ca SAM WOODSON r„, OP G000 `. CITY MANAGER ELLIS SHAPIRO LFP-403 ,6L1/4-;&J 6) ":"Y July 24, 1990 /Lt- i Pastor Floyd Powell °-1) -i2-- ►� �v d Florida Conference Association of Florida P. - - P.O. Box 1313 Orlando, FL 32802 SUBJECT: WOFFORD ROAD MAIN ENANCE �i C —�- _ Lila'-,clT L Dear Pastor Powell: s _ L 2 5 G: ' ".''' � a_X C Attached for your information is a letter from Ray Brenner, Public WO• / Director for the City of Ocoee, to.�Iarshall Roberson,; his counterpart at the City of Winter Garden. I hope this resolves any problems you have been experiencing now that the road will be placed on a regular schedule for maintenance. Should there be any problems, please call Mr. Brenner at 877-8420. If I may be of further assistance, please do not hesitate to call me (656-7489) . Sincerely, (f . Janet G. Resnik i , rY4, .,,,L. v._ r / ^"}v' n AGENDA 10-4-94 ) ! D O Item III A MThr S OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS SPECIAL SESSION FOR FINAL BUDGET HELD September 21, 1994 CALL TO ORDER Mayor Vandergrift called the public hearing to consider the final budget for FY94-95 to order at 7:00 p.m. in the commission chambers. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Gleason and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Beamer, Finance Manager Horton, Personnel Director Psaledakis, Acting Police Chief Wilson, and City Clerk Grafton. ABSENT: None Mayor Vandergrift announced that this is an advertised public hearing to finalize the budget and adopt a final millage rate for the City of Ocoee. The City Commission has previously approved a tentative millage rate of 4.0 mills which represents a 2.59% increase in millage over the rolled-back rate of 3.899 mills. Briefing by City Manager on the percentage increase in millage over the rolled-back rate necessary to fund the budget and the specific purpose for which ad valorem tax revenues are being increased. City Manager Shapiro announced that the increase was caused by an increase in the cost of health insurance and a new $100,000 fuel system was required by EPA. Administrative Services Director Beamer added that the $100,000 in reserve for the new computer system and the reconstruction of the youth center were also included in this year's budget. Comments by Citizens. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked the following questions. The staff responses are underscored. Page 1-4: What does commensurate mean? In proportion to. Page 3-12: What is a buyer and do we need one? Not a new employee,just transferred from Administrative Services Department. Page 3-35: What is Personal Services? Administrative personnel - not laborers. Page 3-38: What is the $100,000? Fuel system referred to earlier. Page 3-42: Why the great increase in facilities maintenance? Operating expenses have changed with new facility_ Page 3-46: What is the increase in law enforcement for? School crossing guards are now funded by the City rather than the County. City Manager Shapiro explained that the proposed income from the mall had not been included in this budget, but that it could be added mid-year if the plans progress that fast. Comments by Commissioners. There were no comments at this time. J1ULJ Ocoee City Commission Final Budget Special Session September 21, 1994 Motions by Commissioners for amendments to the adopted tentative budget. There were no proposed amendments to the adopted tentative budget. City Manager Shapiro announced again that the proposed final millage rate is 4.0 mills and the proposed final millage rate exceeds the rolled-back rate by 2.59 percent. This percentage is the proposed final percentage increase in property taxes. Motion to adopt Resolution No. 94-23 setting the final millage rate. Commissioner Gleason, seconded by Commissioner Combs, moved to approve Resolution No. 94-23, setting a final millage rate of 4.0 mills for Fiscal Year 1994-1995. City Attorney Rosenthal read both the title and text of Resolution No. 94-23. Mayor Vandergrift and Staff discussed interpretation of the TRIM Bill and whether holding the same millage as last year constituted an increase in taxes. Comments by Citizens. There were no comments from the public at this time. Comments by Commissioners. Commissioner Gleason commented that the $2 or $3 per year savings per household by going to the rolled-back rate would not be worth the weakening to the budget, as the proposed budget has no fat and is realistic. Vote on motion to adopt Resolution No. 94-23 setting the final millage rate. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "a e " Commissioner Johnson "a e " and Ma or Vander.rift "no." Motion carried 4-1. Motion to approve Resolution No. 94-24 adopting the final budget. Commissioner Gleason, seconded by Commissioner Combs, moved to approve Resolution No. 94-24 ado s tin. a final bud h et for the Fiscal Year be.innin. October 1 1994 and endin September 30, 1995. City Attorney Rosenthal read the title only of Resolution No. 94-24. Comments by Citizens. There were no comments or questions from the citizens at this time. Comments by Commissioners. Commissioner Combs agreed with Commissioner Gleason and commended Staff for putting together a good budget. 2 111)i In Ocoee City Commission Final Budget Special Session September 21, 1994 Vote on motion to adopt Resolution No. 94-24 adopting the final budget. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "aye," Commissioner Johnson "aye," and Mayor Vandergrift "no." Motion carried 4-1. Announcement by Mayor Vandergrift of end of budget public hearing. Mayor Vandergrift, seconded by Commissioner Foster, moved to adjourn the meeting at 7:40 p.m. Motion carried 4-1 with Mayor Vandergrift voting no. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 3