HomeMy WebLinkAboutItem V(D) Case No 1-4SE-94: Winter GArden Seventh Day Adventist Church Special Exception 17`
1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" AGENDA 9-20-94
Ocoee Item V D
° C r _ CITY OF OCOEE RCOMMISSIONERSSN
_ a PAUL W.FOSTER
150 N.LAKESHORE DRIVE
v O OCOEE FLORIDA 34761-2258 VERN COMBS
V.* .41 (407)656-2322 JIM GLEASON
V
rf4, •
Of Gov• CTI1'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 r/
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, 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
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of beginning. (Containing 4.4843. acres).
CITY OF OCOEE
SPECIAL EXCEPTION
CASE NO . 1-4SE- 94 :
WINTER GARDEN SEVENTH-DAY ADVENTIST
REQUESTED SPECIAL EXCEPTION
SCHOOL AND CHILD CARE FACILITY
.R� Mme'
Illar Mill1. I
STORY RO
11 III
C1 P
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-0134 - i11111111111111
MI 11
=wpm SR 50
1111111111.11111 IIII1 AM mom'
(FOR ILLUSTRATION PURPOSES ONLY)
riZar.lti • \� "• _ li.2-G ewe/3111-64u
!V 'e•ii-.rum,;C kr c
THIS SPACE FOR � PROJECT NO. /—'/86 9 V=
CITY USE ONLY t ; JUL 2 9 1994 FEE We)/v-,oc . 7214 BC,..
U DEPOSIT AMOUNT Alai v-ecL -7//1.7
CITY OF OCOEE DATE PAID
RECEIPT NO.
CITY OF OCOEE
APPLICATION FOR SPECIAL EXCEPTION
(PLEASE TYPE OR PRINT ALL INFORMATION)
SPECIAL EXCEPTION $ 750.00
(This application is only for those spacial exceptlons'which are consistent with the City of
Ocoee's Comprehensive Plan. All others must submit Comprehensive Plan Amendment
applications.)
(Ror\a,1 �
� -Q• Pr P�s I1dr)
1. APPUCANTS NAME: CO i$ -4-e f 6afy4 eo 5e( -dc(_\/
,1 C_v\L.Ictft
APPUCA�S�a Ess: P. • 5c X 7 7 I ( •-c l,0 sn {e r C a vet c�n,. 3 y 7 7-1
U)0 Fo c� , (Lc e)
•
TELEPHONE NUMBER: e - -
2. OWNER OF RECORD: 'E' oc'i Q q Co v\ e f ZC A5 5 cc l Q'4'i cul e1
eue,l-t4r\-dad FvckJe-1-tt's1-5 .
OWNER'S ADDRESS: 't-G . 6
ie� fiat . P{ - 7 90 6 6
- 500 : Szir41a.,,. hJ
(If more than one owner, 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 Ocoee's Land Development Regulations.
3. PROPERTY LOCATION: L
A. DIRECTIONS TO PROPERTY: W01-6 (^c1 K�• \i es be-4- i er)
o.>,/ • S C 531-0r \/ ,• j k_Ls+ -t E
A,A-O Lcc-i--tcn .
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-BOUNDS LEGAL DESCRIPTION. ATTACH SURVEY WITH
FORM-19 1
Application for Special Exception
FULL LEGAL DESCRIPTION AS EXHIBIT. SPECIFY BELOW: SECTION-TOWNSHIP-
RANGE-SUBDIVISION-LOT-AND-BLOCK,
ECTIONTOWNSHIP-
RANGESUBDIVISION-LOT AND-BLOCK AS APPLICABLE.
C. PROPERTY TAX ID. NO(S): `? 53- I c!' 7 &(A I `f j C
4. BRIEFLY SPECIFY THE DEVELOPMENT HISTORY AND OWNERSHIP OF THE SUBJECT
PARCEL(S) SINCE JANUARY 1, 1985, INCLUDING YEAR LOT WAS CREATED, PRESENTZONING,
YEAR ANNEXED, AND PREVIOUSLY SUBMITTED DEVELOPMENT APPLICATIONS, ETC.:
rcOe1+ 1 be CCkLLcC(fl (,15e ( Vl C?6.3. _L r- "1 Zt{
v i
�ra pe k) ur 0-5 cin ;C e i r\ Ocoee ,
l5 p ;e5c-A-hk/ of e d K t -R P f)fp (l cQT(ait /ct S
C L
ri t (NcI *0 re zoo e R-
5. PROPOSED USE OF THE SUBJECT PARCEL IF THE PRESENT APPLICATION(S) IS/ARE
GRANTED? d ani
6h. ch lc� ( child Core .
6. SPECIFY ZONING OR PARCELS IMMEDIATELY ADJACENT TO THE SUBJECT PARCEL:
A. NORTH: ► ' I C /Ct of e cA.vl
B. SOUTH: C - GI) -f e r Cay c en
C. EAST: c c e6,
D. WEST: 1I '/ Cir cc/ply e ��c,c-1,1*
7. NUMBER OF EXISTING BUILDINGS AND EXISTING LAND USE CF THE SUBJECT PARCEL.
C idL‘'ch , `�—'-Fo r�� e_ r, PALAti--) hc(_t_5c_ f.L-+-(r)
Fug Ic_4c'crv5 Me- t LtiiR v ttUCL1
8. SPECIAL EXCEPTION APPLICATIONS 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. THE NEED AND JUSTIFICATION FOR THE REQUESTED ACTION: idk'\in t �.
I i1(J 41-1 ` '� � �CC' �C�ncc I a.vkc\ C fin( ICI
FORM-19 2
Application for Special Exception
10. HOW WILL THE FOLLOWING ESSENTIAL SERVICES BE PROVIDED?
A. POTABLE WATER: Ut)C
• B. WASTEWATER TREATMENT: 5 'P f(C
C. STORMWATER MANAGEMENT: l'Vovte re 7_,u,1 tP c Ct+ few 0-1 b4 i (di ui4.
D. RECREATION: a Y 4 ro'LAM.C� eq u o.
E. SCHOOLS AND PROJECTED NUMBER OF SCHOOL AGE CHILDREN: "16
F. MAIN HIGHWAY ACCESS (A traffic study may be required): HN%1 - 50
G. FIRE PROTECTION (NOTE: Fire flow data will be required before final platting):
(_,:1-y c-F C c ce e
11. SUBMIT A PREUMINARY.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.
D. 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 MAP WHICH CLEARLY SHOWS THE SUBJECT PARCEL WITH RESPECT TO
EXISTING ROADS AND LANDMARKS.
I. LOCATION, NAME. RIGHT-OF-WAY WIDTHS, AND PAVEMENT WIDTH OF EXISTING
STREETS AND PROPOSED INGRESS AND EGRESS POINTS.
FORM-19 3
Application for Special Exception
J. EYISTING 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, ANO 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 SUBMITTED APPLICATION TO BE DENIED.
•
•
•
FORM-19 4
Application for Special Exception
CITY OF OCOEE, FLORIDA
OWNER'S AFFIDAVIT
STATE OF F Iof cd
COUNTY OF C)ra.r C
Before me, the undersigned personally appeared 5+e he,n 1,V t Son . , who being first
duly sworn on oath, depose(s) and say(s): Vice President, Florida Qnfezance Pssociaticn
of 5 nth-Day Mists
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 t a . E Xc ID 4i o r\ -Roc -/c hoc \. cd
C bac`c C c_xti_` 1-4.5 e
(specify action sought) for said property.
3. That they/she/he/ have/has appointed kcnc Ct 0• er i e
(specify himself or agent) to act as agent in their/her/his behalf to accomplish the above.
4. That they/she/he affirm(s), certif(y)(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 on the latest official Orange County
Tax Rolls.
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.
Owner' ignature Vice President
Florida Conference Associatiop of Seventh-
Sworn to and subscribed before me this /4r-day of Acd c>cL psi 19 ' l� by 5 r A'AJ c.isc.r who DaY
is personally know to me or who produced - as identification, and who took an AdventistE
oath.
tekchal4�Ii1-pan, Vine-Presicnt
(Florida ardimenoe Associati of
(Florida
Mists
Notary Public Ade A.. e.A4-v,J
My commission expires:
NOTARY PUBLIC. STATE OF FLORIDi199
MY COMMISSION EXPIRES: AUG. 20. _4!.
BONDED TNRU NOTARY PUBLIC UNDERW RITLIM!
FORM-19 5
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i[lC?kP0^,:-iSCAL._ /„_ 00• Bre P.O. is: :267 Et .._.... .0...4.A40' �' s,vim' 23; N. ?ciro v.-e,CAIN. 4! G U .T /4/ /9+63 ti BFa64- :QL3 'One Neck �: 7f tin: ? 7 Office”�1 iO$ � a« /r O r O S/Weef7 OF 05.4E-6 ;Apr. 11'_t CRaL, FOZ,Z.
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-Wade this - I8th - day of September, • J. D. 19 63,
Between THURMAN M.. WOFFORD and JUANITA B. WOFFORD, his wife,
of the County of - Orange - and State o
part 2es of the first part, and FLORIDA CONFERENCE ASSCCIATIONaOP SEVENTH
DAY ADVENTISTS, whose mailing address is : Bax 1313,
a corporations existing under the laws of the State o Orlando, Florida,
having its principalf- FloridaPloOan - ,
State ofp place of business in the County of - Orange - and
- Florida o rida - party of the second part,
Witnesseth, ebur the said part nes of the first part,
ratiim
of the surra of other valuable considerations acid Ten for and Now-o fI O eDollars,
` to them in hand paid, the receipt whereof is
ranted, bargained, sold, aliened, remised, relesed hereby
a nconve ed aed, nd
- firmed and by these presents do rami barfain, e , remise, re con,
'\ en feoll"', convey and confirm unto the said party of , sell,c alien,
� s succes-
sors and assigns forever, all that certain parcel of land lying and being in. the
County of - Orange - and State of Florida, more particularly
•\ described as follows:
fFrom the Northeast corner of the Southeast 1/4 1Nift~i;:§itut'
of the Southeast 1/4 of Section 24, Township .`t
22 South,
Range 27 East, run South 00 degrees ;;LI :NA'. ",;
-, 00 minutes 40 seconds East 399. 74 feed along. the..
'" East boundary of the Southeast 1/4 of said Section i',; `�
�! -;; 24 for a point of beginning; thence >>;:, „',;a-'
, c...:
� 00 degrees 00 minutes 40 seconds East 179.26 feet, „T.;ttit�.:;,
'- along said East boundary; thence South 88 degrees
S It}"" "1U�
32 minutes 26 seconds West 945 feet parallel with
"7! I 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 jwk"'�n"�'�
of beginning. (Containing 4.4843. acres). `
SUB ECT to taxes for 1963e '
and . ncumbrances .of recor3. ' '' i'
m.,0,rtrt.+
1 Together wills all the tenements, hereditaments and a urtenances with
every prizilege, right, title, interest and estate, dower and right f dower, reversion ,
remainder and easement thereto belonging or in anywise appertaining:
iiTo Have and to Hold the same in fee simple forever.
tad the saidparties ofthe first
(1 part do covenant with the said party of
I
the second part that they are law/ally seized of the said p:em.ises, that they are
j fres of all incumbrance, and that they have good right and lawful authority
I to sell the same; and that said parties of the first part doth hereby
I the title to said land, and will defend the same against the lawful claimsofall
persons whomsoever.
.� _j En IP V
Witness Whereof. th. said parties of the first part ha ve hereunto
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. ; .7:,i;.f.neeL z'eaied and Delivereci in Ulu. Presence:
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The endo Sentinel,Sunday,August 14;1991
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER APPLICATION
FOR SPECIAL EXCEPTION
(CASE NO.1-4SE-94:
W.G.•
SEVENTH-DAY ADVENTIST)
• NOTICE OF HEREBY GIVEN pursuant
to Section 4-8(A)(2),Ocoee Land De-
velopment Code; that On August 24,
1994 at 7:30 p.m.,or as soon thereafter
as practical, the OCOEE PLANNING
AND ZONING COMMISSION will hold a
PUBLIC HEARING at a regular session
at the Ocoee Community Center, 125
North Lakeshore Drive, Ocoee, Florida
and on September 20. 1994 at 7:30
p.m.,or as soon thereafter as practical,
the OCOEE CITY COMMISSION will
hold a PUBLIC HEARING at a regular
session at the OcoeeCen-
ter, 125 North Lakeshore Drive, ,
Florida.to consider an application filed
by Winter Garden Seventh-Day Advent-
ist Chrch,for a SPECIAL EXCEPTION
to operate a school and child care carr
ter in an "8-2, One-Family and Two-
Family
woFamily Dwelling District",on certain reel
property located at 940 Wofford Road,
north of S.R.50/south of Story Road.
The complete case file,including a legal
description of the subject property,may
be inspected at the Ocoee Plarusng De-
parlmers, 150 North Lakes Drive
between the hours of 8:00 a.m, and
5:00 p.m.,Monday through Friday.
Interested parties may appear at the
meeting and be heard with respect to
the application.Any person who desires
to appeal any deasion made during the
public hearing may need a record of the
proceeding and for this purpose will
need to ensure that a verbatim record of
the proceedings is made which includes
the testimony arid evidence upon which
the appeal is based.
JEAN GRAFTON,CITY CLERK
CITY OF OCOEE
OLS8A64023 August 14,1994.