HomeMy WebLinkAboutItem V(C) Ordinance No 94-24, rezoning per Case No R94-07-02: Winter Garden Seventh Day Adventist Church t AGENDA 9-20-94
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE"
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tY 0 CITY OF OCOEE RUSTo�vNERS
.. it: 5 a- 150 N.LAIESSHORE DRIVE PAUL W.POSTER
v 3 O OCOEE FLORIDA 34761-2258 VERN COMBS
��y e: acs (407)6562322 JIM GLEASON
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Of G0 v��, CITY MANAGER
S RIFMAPIRO
STAFF REPORT
DATE: September 1, 1994
TO: The Honorable Mayor and Board of City Commissioners
FROM: Russ Wagner, Director of Planningo7
SUBJ: Rezoning Petition
Winter Garden Seventh-Day Adventist Church
Case No. R94-07-02 t
ISSUE:
Should the Honorable Mayor and Board of City Commissioners rezone
a 4 . 5 acre parcel owned by Winter Garden Seventh-Day Adventist
Church situated at 940 Wofford Road from R-1AA, Single Family
Dwelling District to R-2 , One-Family and Two-Family Dwelling
District?
BACKGROUND:
The Winter Garden Seventh-Day Adventist Church intends to continue
operating an existing private school and begin operation of a
public child care center at its facility on Wofford Road. The
Ocoee Land Development Code only permits such uses by Special
Exception within R-2 , R-3 , C-1 , C-2 , C-3 and I-1 zoning districts .
Accordingly, the church is requesting this zoning change to permit
application for such an exception.
DISCUSSION :
The Winter Garden Seventh-Day Adventist Church property was annexed
into Ocoee in 1974 within a largely undeveloped portion of the
city. The site fronts Wofford Road, a clay street which extends
from S .R. 50 to Story Road. The surrounding area is predominantly
undeveloped land situated within the City of Winter Garden and
Orange County and zoned for commercial uses to the south and
residential uses tothe west and north. Immediately east of the
site is the Florida Auto Auction which is zoned C-3 in the City of
Ocoee.
The existing land use classification of the site is Public
Facilities/Institutions . This category permits public and private
schools as well as churches . These uses may be permitted in
industrial , commercial and residential areas where negative impacts
will be minimal . Due to the relatively small size of the site and
the long term investment already made in the exiting church
structure, it is anticipated that the property will continue to be
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Staff Report - Case No. R94-07-02
September 1, 1994
Page 2
utilized for an institutional use. Consequently, the requested
zoning change to a slightly higher intensity residential
classification is consistent with the Comprehensive Plan and is a
suitable zoning category for the church property, providing the
opportunity for expansion of institutional facilities within the
community. Alternatively, a more intensive zoning classification
would be inappropriate due to limited infrastructure serving the
site.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their meeting on August 24, 1994, the Planning and Zoning
Commission found that the proposed rezoning was consistent with the
Comprehensive Plan and unanimously recommended that the 4. 5 acre
parcel owner by the Winter Garden Seventh-Day Adventist Church
situated at 940 Wofford Road be rezoned from R-1AA, Single-Family
Dwelling District to R-2 , One-Family and Two-Family Dwelling
District .
STAFF RECOMMENDATION:
Staff respectively recommends that the 4 . 5 acre parcel owned by he
Winter Garden Seventh-Day Adventist Church situated at 940 Wofford
Road be rezoned from R-1AA, Single Family Dwelling District to R-2 ,
One-Family and Two-Family Dwelling District as specified by
Rezoning Ordinance #94-24 .
RBW/emk
cc : Ronald Priest , Pastor
Case File No . R94-07-02
Attachments
ORDINANCE NO. 94-24
CASE NO. R94-07-02: WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
REZONING CERTAIN LANDS LOCATED IN THE CITY OF
OCOEE BY CHANGING THE ZONING CLASSIFICATION
FROM R-1AA, SINGLE FAMILY DWELLING DISTRICT,
TO R-2, ONE-FAMILY AND TWO-FAMILY DWELLING
DISTRICT, ON CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF WOFFORD ROAD, ONE-QUARTER
MILE NORTH OF S.R. 50 AND SOUTH OF STORY ROAD
PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNERS; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner or owners ( "the Applicant") of certain
real property located within the corporate limits of the City of
Ocoee, Florida, as hereinafter described, have submitted an
application to the City Commission to rezone and change the zoning
classification for said real property from "R-lAA, SINGLE FAMILY
DWELLING DISTRICT" to "R-2 , ONE-FAMILY AND TWO-FAMILY DWELLING
DISTRICT" ; and
WHEREAS, pursuant to Section 5-9 (B) of Chapter 180 of the
Code of Ordinances of the City of Ocoee ( "the Ocoee City Code" ) ,
the Planning Director has reviewed said application and determined
that the rezoning requested by the Applicant is consistent with the
1991 City of Ocoee Comprehensive Plan as set forth in Ordinance
No . 91-28 , adopted September 18, 1991 ( "the Ocoee Comprehensive
Plan") ; and
WHEREAS, said rezoning application was scheduled for
study and recommendation by the Planning and Zoning Commission of
the City of Ocoee, Florida ( "the Planning and Zoning Commission" ) ;
and
WHEREAS, the Planning and Zoning Commission has held a
public hearing and reviewed said rezoning application for
consistency with the Ocoee Comprehensive Plan and determined that
the rezoning requested by the Applicant is consistent with the
Ocoee Comprehensive Plan and is in the best interest of the City
and has recommended 'to the Ocoee City Commission that the zoning
classification of said real property be changed to "R-2 , ONE-FAMILY
AND TWO-FAMILY DWELLING DISTRICT" , as requested by the Applicant,
and that the Ocoee City Commission finds that the rezoning
requested by the Applicant is consistent with the Ocoee
Comprehensive Plan; and
WHEREAS, the Ocoee City Commission has held a de novo
public hearing with official notice thereof with respect to
proposed rezoning of said real property; and
WHEREAS, the Ocoee City Commission has determined that
the rezoning requested by the Petitioner is consistent with the
Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee
City Commission in accordance with the procedures set forth in
Section 166 . 041 (3) (a) , Florida Statutes .
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee,
Florida has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida, and
Chapters 163 and 166, Florida Statutes .
SECTION 2 . That the zoning classification, as defined in
the Ocoee City Code, of the following described parcel of land
located within the corporate limits of the City of Ocoee, Florida,
is hereby changed from "R-lAA, SINGLE FAMILY DWELLING DISTRICT" to
R-2 , ONE-FAMILY AND TWO-FAMILY DWELLING DISTRICT" :
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART
HEREOF.
SECTION 3 . That the City Commission of the City of
Ocoee, Florida, hereby finds the new zoning of the lands described
in this Ordinance to be consistent with the Ocoee Comprehensive
Plan.
SECTION 4 . The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in
order to incorporate the zoning amendments enacted by this
Ordinance and the Mayor and City Clerk are hereby authorized to
execute said revised Official Zoning Map in accordance with the
provisions of Section 5-1 (G) of Article V of the Ocoee City Code .
SECTION 5 . All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
SECTION 6 Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereto .
SECTION 7 . Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1994 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S . Scott Vandergrift, Mayor
(SEAL)
ADVERTISED September 8 , 1994
READ FIRST TIME September 6 , 1994
READ SECOND TIME AND ADOPTED
, 1994 .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1994 .
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1994
By: UNDER AGENDA ITEM NO.
City Attorney
REZONE .ORD
EXHIBIT "A"
WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH
LEGAL DESCRIPTION :
FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 24 , TOWNSHIP 22 SOUTH, RANGE 27 EAST,
RUN SOUTH 00 DEGREES 00 MINUTES 40 SECONDS EAST 399 . 74 FEET
ALONG THE EAST BOUNDARY OF THE SOUTHEAST 1/4 OF SAID SECTION
24 FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEGREES
00 MINUTES 40 SECONDS EAST 179 . 26 FEET ALONG SAID EAST
BOUNDARY; THENCE SOUTH 88 DEGREES 32 MINUTES 26 SECONDS WEST
945 FEET PARALLEL WITH THE NORTH BOUNDARY OF THE SOUTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 24 ; THENCE NORTH 00
DEGREES 00 MINUTES 40 SECONDS WEST 234 . 15 FEET; THENCE SOUTH
88 DEGREES 07 MINUTES 53 SECONDS EAST 945 . 20 FEET ALONG THE
CENTER LINE OF A DITCH TO THE POINT OF BEGINNING.
CONTAINING 4 . 4843 ACRES
CITY OF OCOEE
REZONING PETITION
CASE NO . R94 - 07 - 02 :
WINTER GARDEN SEVENTH-DAY ADVENTIST CHURCH
AREA : 4 . 5 ACRES
REQUESTED REZONING
FROM: R-1AA, SINGLE FAMILY DWELLING DISTRICT
TO: R-2, ONE-FAMILY AND TWO-FAMILY DWELLING DISTRICT
■"'
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The Orlando Sentinel,Thursday,September 8, 1994
NOTICE OF PINBUC HEARING
ORDINANCE NO.94,94
CASE NO.R94-074:WINTER
GARDEN Y ADVENTIST
CHURCH
CITY OF OCOEE
NOTICE IS HEREBY GIVEN pursu-
ant to Section 166.041 Florida Statutes,
and Section 1-10 and 5-9,Ocoee Land
Development Code,that on September
20,1904 at 7:30 p.., or as soon ther-
eafter as practice, the OCOEE CITY
COMMISSION WILL HOLD A PUBLIC
HEARING at the Ocoee Community
Center, 125 North Lakeshore Drive,
Ocoee,Florida,in order to consider on
the 2nd of 2 readings the adoption of
the following Ordinance:
ORDINANCE NO.94-24
CASE NO. 94-07.1:WINTER GAR-
DEN SEVENTH-DAY ADVENTIST
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA, REZONING
CERTAIN LANDS LOCATED IN
THE CITY OF OCOEE BY CHANG-
ING THE ZONING CLASSIFICA-
TION FROM R-IAA,SINGLE FAM-
ILY DWELLING DISTRICT,TO R-2,
ONE FAMILY AND TWO-FAMILY
DWELLING DISTRICT, ON CER-
TAIN REAL PROPERTY LOCATED
ON THE WEST SIDE OF WOF-
FORD ROAD.ONE-QUARTER MILE
NORTH OF S.R. 50 AND SOUTH
OF STORY ROAD PURSUANT TO
THE APPUCATION SUBMITTED BY
THE PROPERTY OWNERS; FIND-
ING SUCH ZONING TO BE CON-
SISTENT WITH THE OCOEE COM-
PREHENSIVE PLAN; PROVIDING
FOR AND AUTHORIZING THE RE-
VISION OF THE OFFICIAL CITY
ZONING MAP;REPEALING INCON-
SISTENT ORDINANCES; PROVID-
ING FOR SEVERABILITY; PROVID-
ING AN EFFECTIVE DATE.
A copy of the proposed Ordinance may
be inspected at the office of the Ocoee
Pinning Department,150 N.Lakeshore
Drive, Ocoee, Florida, between the
hours of 8:00 am and 5:00 prn,Monday
through Friday. Interested parties may
appear at the public hearing and be
heard with respect to the proposed Or-
dinance.Any person who desires b
riej
peel any decision made during the
tic hearing may need a record the
proceeding,and for such purpose may
need to ensure theta verbatim record of
the proceeding is made which record
includes the testimony and evidence
upon which the appeal a band.
Joan Gratin,City Clerk
OL89263034 SspL09,1904