HomeMy WebLinkAboutItem 14 Grace Community of Faith Church
AGENDA ITEM COVER SHEET
Meeting Date: March 15, 2005
Item # ~ l..\
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Contact Name:
Contact Number:
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Ter L. James '\f
407 -905-3100/1 d 8
Reviewed By:
Department Director:
City Manager:
Subject: Grace Community of Faith Church
AX-03-06-08:
Annexation Ordinance
Zoning Ordinance
l-6SE-002:
Special Exception Application
Background Summary:
Grace Community of Faith Church is requesting the annexation of a 6.92-acre parcel, a change of zoning
from Orange County Residential (RC-E) to the City of Ocoee Low Density Residential (R-l-AA), and the
approval of the special exception within the R -l-AA zoning district to allow for a church use.
Issue:
Should the Mayor & City Commissioners adopt the Annexation Ordinance and Rezoning Ordinance, and
approve the Special Exception Application for the Grace Community of Faith Church?
Recommendations
Based on the recommendations of the DRC and the Planning & Zoning Commission, Staff recommends that
the City Commission adopt the Annexation Ordinance and Rezoning Ordinance bringing the property into the
City and changing the subject property to R-I-AA: Single Family Residential, and approve the Special
Exception Application for the church use subject to the inclusion of three additional provisions listed on the
"Special Exception Conditions of Approval".
Attachments:
Location Map
Future Land Use Map
Zoning Map
Annexation Ordinance
Rezoning Ordinance
Preliminary Site Plan for Special Exception, date stamped February 3,2005
Financial Impact:
Unknown
Type of Item:
C8J Public Hearing
For Clerk's Deaf Use:
o Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original DocumenUContract Attached for Execution by City Clerk
o Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
o N/A
o N/A
o N/A
City Manalrer
Robert Frank
C.enter of Good [.,
..
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Terry L. James, Principal Planner ,J let
THROUGH: Russ Wagner, Commtmity Development Director ~
DATE:
March 3,2005
RE:
Grace Community of Faith Church
AX-03-06-08:
Annexation Ordinance
Zoning Ordinance
1-6SE-002:
Special Exception Application
ISSUE:
Should the Mayor & City Commissioners adopt the Annexation Ordinance and Rezoning Ordinance, and
approve the Special Exception Application for the Grace Community of Faith Church?
BACKGROUND:
General Location: The property is located at 8900 Old Silver Star Road southwest of the intersection of Silver
Star Road and Old Silver Star Road and east of lohio Shores Road. This 6.92-acre parcel is the southern-most
property in an Orange County enclave. The Orange County Property Appraiser Parcel Identification Number is
15-22-28-4716-00-130.
Actual land use. proposed development and unique features of the subiect property: The property is vacant and
tree covered. The applicant is proposing a church and an associated religious-education building. The property
has no unique features.
Future land use & requested initial zoning classification:
CLASSIFICATION: CURRENT PROPOSED
Future Land Use Orange CountylLow Density Residential OcoeelLow Density Residential
Zoning Orange CountylResidential (RC-E) Ocoee/Single Family Dwelling (R-l-AA) with a
Special Exception
The current future land use and zonino classifications of the surroundino properties:
DIRECTION:
North
East
South
West
The subject property is designated "Low Density Residential" on the Joint Planning Area (JPA) Land Use Map.
The application has requested an Ocoee initial zoning classification of R-1-AA with a special exception for a
church and an associated religious-education building. This initial zoning is consistent with the JPA Land Use
Map designation.
Infrastructure:
· Water: City water is available with a 12-inch water line located on Johio Shores Road to the west.
· Sewer: City sewer is also available with a 6-inch force main at Johio Shores and Johio Bay Roads.
· Roads/Level of Service:
ROADWAY FROM TO ADOPTED PERCENTAGE OF
LOS ADOPTED LOS
Johio Shores Rd. Silver Star Rd. A.D. Mims Rd. D 8%
Clarke Rd. White Rd. Silver Star Rd. D 75%
Silver Star Rd. A.D. Mims Rd. D 46%
Silver Star Rd. Clarke Rd. Johio Shores Rd. E 77%
Johio Shores Rd. Good Homes Rd. E 75%
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171.044, Florida Statutes grants municipalities
the authority to annex contiguous, compact, non-circuitous territory as long as it does not create an enclave. The
requested annexation is the southern-most parcel in an existing enclave. This annexation would reduce the area
of a previously created enclave.
Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint
Planning Area and is being considered for annexation as outlined in the JP A Agreement. This annexation will
not require a comprehensive plan amendment per subsection 8-B of this agreement and is consistent with
subsection 6-D. Orange County has been notified of this petition in accordance with Subsection 13-A of the
City ofOcoee-Orange County Joint Planning Area Agreement. We have received no comments as of the date
of this report.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in
part, "The City shall consider requests for voluntary annexation into the City when those lands are logical
extensions of existing City limits, when services can be properly provided and when proposed uses are
compatible with the City's Comprehensive Plan, the JPA Agreement and the City's Annexation Policy...."
DISCUSSION: ANNEXATION & INITIAL ZONING
Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impact of the proposed
residential use and the size of the parcel as summarized above, Staffhas determined that the City could
adequately provide a range of urban services to the subject property.
In conclusion, the subject property's proposed annexation is a logical extension of the City limits, urban
services can be provided, and the annexation meets state and local regulations. The requested Future Land Use
Classification is consistent with the Ocoee Future Land Use Map and the JP A Land Use Map. Finally, the
requested zoning is also consistent and compatible with the surrounding properties.
DISCUSSION: SPECIAL EXCEPTION
According to "Table 5-1: Permitted Use Regulations" contained in the Ocoee Land Development Code (LDC),
church uses are permitted as a special exception in the following residential zoning classifications: R-l, R-lA,
R-l-AA, R-l-AAA, R-2, and R-3.
Special Exceptions are defined in Subsection 2-4.C (282) of the City ofOcoee LDC as:
A special exception is a use that would not be aDDropriate without restrictions
throughout the zoning division or district. However, if controlled as to number, area,
location or relation to the neighborhood, would promote the Dublic health. safety.
welfare, morals, order, comfort, convenience, appearance, prosperity or general
welfare, such uses would be appropriate. (Emphasis added)
In accordance with Subsection 4-8.8. (2) of the Ocoee LDC, Staff must also consider the proposed use in
relation to the compatibility with surrounding land uses. Additionally, Staff must also consider the overall
health, safety, and welfare in relation to the surrounding land uses.
The Applicant proposes a 20,373 square foot multi-purpose building and the associated parking spaces for a
church use in Phase I and an additional sanctuary (13,743 square feet) and a chapel (2,750 square feet) with
additional parking spaces for Phase II. The proposed uses are compatible with the surrounding residential
zoning districts.
The Applicant has met the above proposed requirements for the Special Exception petition as shown in the
"Preliminary Site Planfor Special Exception" stamped date September 10,2005; however, the Applicant did
not include two provisions required in the "Special Exception Conditions of Approval". Staffhas informed the
Applicant of the necessity to include these provisions prior to the approval of this special exception for church
use in an area zoned residential. These provisions are as follows:
· The Final Site Plan shall comply with the Special Exception Preliminary Site Plan as approved by the
City Commission; and
· Prior to the approval of the Final Site Plan for the project, or any portion thereof, the Applicant/Owner
will need to apply for and obtain a Final Certificate of Concurrency pursuant to Article IX of the Ocoee
Land Development Code. Neither the review of the application/project by the City nor the granting of
any approvals in connection with such review shall be construed to grant the Applicant/Owner any
entitlement to obtain a Final Certificate of Concurrency with respect to all or any portion of the project
or to create any exception from the provisions of Article IX of the Ocoee Land Development Code.
This request for the additional language was sent to and acknowledged by the applicant's representative on
January 26,2005; however, none of the required language for the Special Exception "Conditions of Approval"
has been received as of the date of this report.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On January 26, 2005, the Development Review Committee (DRC) reviewed the proposed annexation ofthe
Grace Church property and the special exception church use as illustrated in the "Preliminary Site Planfor
Special Exception" date stamped September 10,2004. After reviewing the "Annexation Feasibility & Public
Facilities Analysis Report", the DRC recommended the annexation of the subject property. The DRC also
recommended the approval of the special exception application subject to the inclusion of the above provisions
in the "Special Exception Conditions of Approval". lliote: The DRC does not consider rezoning applications.]
PLANNING & ZONING COMMISSION RECOMMENDATION:
On February 8,2005, the Planning & Zoning Commission held a public hearing to consider the annexation,
rezoning & special exception application for the Grace Community of Faith Church. The Reverend Larry
Ware, the applicant and Roger L. Caculitan, the applicant's representative/engineer were present to answer
questions concerning the project.
Reverend Ware indicated that the church use was actually approved in Orange County, but after the approval,
he realized that he must annex into the City to receive water and sewer service. He also clarified that this was
an active church that would be relocating from downtown Orlando to this site; church membership was 300
with approximately 200 active members.
Upon questioning from the P&Z Commission members concerning the proximity of the church in relation to
possible alcohol consumption in the C-2: Commercial zoning district to the southwest on Silver Star Road, Russ
Wagner, the Community Development Director, indicated that the C-2 zoning district would still be able to
allow restaurant uses that served alcohol, but not bars.
The public hearing was then opened.
Citizens from the audience raised concerns about the proposed secondary access onto Old Silver Star Road, the
need for a privacy wall on Old Silver Star Road, the architectural look of the building, handling projected
overflow parking, and existing traffic issues on Silver Star Road and Johio Shores Road.
Citizens were concerned that when Orange County approved the plans they were completely different from the
current site plan and speculated that the church applied for annexation because they could not get these plans
approved in Orange County. Russ Wagner, the Community Development Director, stated that the reason the
church requested annexation was, as Reverend Ware indicated, to receive water and sewer services at that site.
He also clarified that all churches were reviewed using Ocoee's commercial regulations.
Citizens also expressed concern that if the church a large outreach program would negatively impact the
neighborhood with additional traffic and noise. Reverend Ware indicated that, at this time, the church had no
plans for a school, day care or food bank facility.
After closing the public hearing, the P&Z Commission voted unanimously to recommend that the City
Commission adopt the Annexation Ordinance and Rezoning Ordinance bringing the property into the City and
changing the subject property to R-l-AA: Single Family Residential, and approve the Special Exception
Application for the church use within the R-l-AA zoning district subject to the inclusion of two additional
provisions listed above on the "Special Exception Conditions of Approval". The Planning & Zoning
Commission also added another condition to the "Special Exception Conditions of Approval". They added
language is as follows: "This Special Exception does not authorize the use of the site as a school, day care or
food bank facility."
STAFF RECOMMENDA nON:
Based on the recommendations of the DRC and the Planning & Zoning Commission, Staff recommends that the
City Commission:
· Adopt the Annexation Ordinance bringing the property into the City;
· Adopt the Rezoning Ordinance changing the subject property to R-I-AA: Single Family Residential;
and
· Approve the Special Exception Application for the church use within the R-I-AA zoning district subject
to the inclusion of the three following additional provisions:
o The Final Site Plan shall comply with the Special Exception Preliminary Site Plan as
approved by the City Commission; and
o Prior to the approval of the Final Site Plan for the project, or any portion thereof, the
Applicant/Owner will need to apply for and obtain a Final Certificate of Concurrency pursuant to
Article IX of the Ocoee Land Development Code. Neither the review of the application/project
by the City nor the granting of any approvals in connection with such review shall be construed
to grant the Applicant/Owner any entitlement to obtain a Final Certificate of Concurrency with
respect to all or any portion of the project or to create any exception from the provisions of
Article IX of the Ocoee Land Development Code.
o This Special Exception does not authorize the use of the site as a school, day care or food
bank facility.
Attachments:
Location Map
Future Land Use Map
Zoning Map
Annexation Ordinance
Rezoning Ordinance
Preliminary Site Plan for Special Exception, date stamped February 3, 2005
Grace Community of Faith Church
Location Map
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Lakes and Water Bodies
ORDINANCE NO.
(Annexation Ordinance For Grace Community of Faith Church)
TAX PARCEL ID: 15-22-28-4716-00-130
CASE NO. AX-03-06-08: Grace Community of Faith Church
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 6.92 ACRES LOCATED SOUTHWEST OF THE
SILVER STAR ROAD AND OLD SILVER STAR ROAD INTERSECTION
AND EAST OF JOHIO SHORES ROAD PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING
SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owners of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, have
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex said real property into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of
Chapter 180 of the Code of Ordinances ofthe City ofOcoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the
real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
006.362224.1
-1-
consistent with the lP A Agreement, and to be in the best interest of the City of Ocoee and has
reconunended to the Ocoee City Conunission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. The Ocoee City Conunission has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida
Statutes, and Section 7 of Article 1 of the Charter of the City ofOcoee, Florida.
Section 2. The Ocoee City Commission hereby finds that the petition to annex certain
lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida.
Section 3. The following described real property located in unincorporated Orange
County, Florida, is hereby annexed into the corporate limits of the City ofOcoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION
A TT ACHED HERETO AND BY TillS REFERENCE MADE APART
HEREOF).
Section 4. A map of said land herein described which clearly shows the annexed area is
attached hereto and EXHIBIT "B" and by this reference is made a part hereof.
Section 5. The Ocoee City Conunission hereby fmds that the annexation of said land
herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and
meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A
Agreement, and the Ocoee City Code.
Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby
redefined to include said land herein described and annexed.
Section 7. The City Clerk is hereby authorized to update and supplement official City
maps of the City of Ocoee, Florida, to include said land herein described and annexed.
Section 8. The land herein described and future inhabitants of said land herein described
shall be liable for all debts and obligations and be subject to all species of taxation, laws,
ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges
and benefits as other areas of the City of Ocoee, Florida.
006.362224.1
-2-
Section 9. 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 10. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter
the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the
Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the
Florida Department of State within seven (7) days from the date of adoption.
PASSED AND ADOPTED this _ day of
APPROVED:
,2005.
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 2005
ADVERTISED AND
READ FIRST TIME ,2005.
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
006.362224.1
..,
--'-
Exhibit.. A"
LEGAL DESCFW=nON
THA T PART OF:
"iHE NORiH 1/2. 0;: i':-iE SOUiHYiEST 1/+ 0;:- T""E ~lCqiHWEST 1/'~, SECTION 15, TOVl'NSHIP 22 SOUTH, RANGE 28 EAST.
L'l'lNG l'i::Si OF" STA iE ROAD 438; ALSO KNOWN AS LOTS 13 AND H. LAl<E PARK HIGHLANDS, L'l1NG WEST OF STATE ROAQ
?J3, SAiD LAKE ?AR!< HIGHLANDS SElNG RECOq:::::i) l~ PLt,T aOOK 0;:', PAGE: 124, PUSUC RECORDS OF ORANGE COUNT'!',
FLORIDA"
(SAlD PROPERT':' BEING '\i-!E SAME L"NDS OE~r.O!?::i) I~ O;:-;:ICIAI. Ri;;COi<OS 900K :335\. PAGE 2!86, OF' iHE pueuc
RECORDS OF" ORANGE COUN'N. i=1...0RIDA.)
LESS AND EXCEPT:
COMMERCE: AT i:-iE POINT OF INiEi=lSECnON QF' THE v,.=:ST UNE Or iHE NORi':-ll'i::ST 1/4- OF' SECilON 15, TO'M'lSHIP 22 .
SOUiH RANGE 28 EAST. ORANGE COUNT'l', i=1...0R'D^ INlTH T1-!E CEN~UNE OF" SURVEY 0;:' S.l=!. L:3S (SILI/!R STAR ROAD) AS
SHOYtN ON FLORIDA DEPARTMENT OF" ~ANS?ORTAilON RIGK-i OF WAY MAP Se:C110N 75250-2525. SAID POINT BEING
809,965 ~EiERS (2557,.:36 FET) SOUTHOO'O":12"W;::ST 0;: T,-lE NORi':-lWEST CORNER OF" TrlE: NORiHwt:ST 1/4 .OF' SAID
SECTION 1S, ALSO BEING A POINT ON A CURVE CONCAVE: NORi':-!w::si'ERLY HAVING A RADIUS 0;:' 174.860 M:.I:;.KS (57~.69
;:'EET) AND A CHORD SEARING OF' NORiH7S-J9'50"E,\ST; iHENCE: RUN NOIHHEASiERLY ALONG iHE ARC OF" SAiD CURVE AND
ALONG SAID CENiERWNE OF' SURYEY iHROUGH A CENi?AL ANGLE 0;:' 01'56'09" A DISTANCE 0;:' 5,908 Ml:.l~..~S "9.38 FEEi)
TO A POiNT OF INi'ERSECTION .,."TIi TliE SOUTH~~I.Y EmN510N OF' TriE: EASiERLY RIGHT 0;:' WAY UNE OF' JeHIO SHORES
DRIVE AS SHO""N ON SAID RIGHi" 0::' WAY MAP; T.-i~ICE DEPARTING SAID CURVE AND SAlO CENiE.~UNe: OF SURI/!Y RUN
NO~THOO'OA." Z"Ef.Si .^.LO\lG 5,1.10 SOUTH8'!LY ::X;::NSIC~l A~jD SAID E^STE:RL Y RIGHT OF WAY UNE A DISTANCE OF 199.8.31
M::i'ERS (555.61 FEET) reR THE POINT OF .6::GI~~NING: T1-!ENCE: CON11NUE ALONG SAID EASiERLY RIGHT OF WAY UNE
NORiHOC.Q~'12'EAST 5.JOa MEiERS (17.1\.1 FEET) : T....~ICE: SOUi':-i8~'55'4.8'EAST 3.353 MEiERS (11,00 FC:ET) : i:-!ENCE:
NORTHOO'O":12'EASi70.7~2 METE.~S (2.32.16 FEET) TO iHE: 8EGi~IN1NG OF A NON-TANGENT CURYE CON CAY::
NORT.-iEASiEF<L Y HAVING ,\ RADIUS OF 82.252 I,(~RS (269.36 FEET) AND A CHORD SEA-CliNG OF SOUili48'.u,'59'E:AST;
'THENCE D~ARi1NG SAlD EASiE."!L.'r' RIGHT OF WAY UNE RUN SOUil-IE:ASTERL'r' ALONG THE: ARC OF SAID CtJRV! THROUGH A
CENTRAL ANGLE OF" 50'50'22" ^ DISTANCE OF 87,339 I,\E:SS (266.5.... :-;:'1:.1) TO T.-lE END OF' SAIO CUFlYE; iHENCE
SOUTH83'5S'4-j-EAST ON A NON TANGENT UNE A DISTANCE 0;:' 29.431 MEiERS (96.56 ;:-c.:.I) TO il-iE POINT OF CURVAi\JRE
Oi=' A CUFlvt CONCAVE NORTHWESiERLY HAVl"lG A R,\OIUS A::' 7.600 M::.I:.r<S (21\.,93 rc.c.I) AND A CHOFlO SEARING OF
NORTh 52'OZ'S8"EAST; T1-!ENCE NORTHEASTERLY ALONG iHE ,l\RC OF' SAID CURVE THROUGH A CENTRAL ANGLE OF" 67'56'30"
A DISTANC~ C' 9.012 V.EiERS 29.57 FEET) TO ,\ ?QI!-iT OF' TANGI::NC'\': Tr-tENCE NORil-i26'04'3S"EAST A DISTANCE OF 61.127
lJrnRS (200,55 FEET); 'THENCE SOUi':-lS1'5S'20'EAST ^ DISTANCE OF' 1.000 MEiER (3.28 r::.t:.I) TO THE BEGINNINC OF' AND
RADIAL TO A CUR~~ CONCA~ SOUil-IE^5iERI.'l' "'!f\V.NG A RADIUS OF' 288.300 ~ETERS (94-5.66 F'EEi) AND A CHORD
SEARING Or NORTIi"-5'SS'20-EAS"i": Tr-tENCE RUN NORThEASiERLY ALONG iHE ARC OF SAID CURl/! il-IROUQi A CENTRAL
ANGLE OF' 37'4.7'21" A DISTANCE OF" 190.1"-7 l,lEiERS (5'-3.8"- F'EEl) TO A POINT ON THE NORiH UNE qF' LOi 14 OF
A;:ORESAID LAKE PARK HIGHLANDS; THENCE NCRiHBS.5S'SZ" EAST ALONG SAID NORTH UNE ANC AN EASTERLY EXTENSION
ii-:EFlEOF" ^ DISTANCE OF' 52.291 MEiERS (171.5S ~Er.;) TO ^ ?eINi' OF' INiERSECTION 'MiM iME CENTE'RUNE OF SURVEY OF'
STAi'E ROAO 4-36, SAID POINT SEING ,\ ?OINT O~ A CU~VE: CONCAI/! SOUTHEAs I:.RL Y HAVlNG A RADIUS OF 174.860
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SAID CURVE Ao'lD ALONG SAID CENTERUNE OF SU::lVEY TI-lROUGH A CENTRAL ANGLE OF' 55'08'15" A DISTANCE OF' 171.325
METERS (56.2.09 FEET) TO ^ POINT OF iANCE:NCY 'l'1oiENCl:: SCUTH20'S5'2S"'.'EST AND CONTINUING ALONG SAID CENiERU~IE
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CONj'AI~ING s.n I,CRES OR .301..31-5.25 sou;.;:;,:: "':;::;:T \.IORO: '':'~ 1,:::35.
Exhibit "B": Grace Community of Faith Church
Location Map
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ORDINANCE NO.
(Rezoning Ordinance for Grace Community of Faith Church)
TAX PARCEL ID: 15-22-28-4716-00-130
CASE NO. AX-03-06-08: Grace Community of Faith Church
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY RC-E,
"RESIDENTIAL-COUNTRY ESTATE" TO OCOEE R-l-AA, "SINGLE
FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 6.92 ACRES LOCATED SOUTHWEST OF THE
SILVER STAR ROAD AND OLD SILVER STAR ROAD INTERSECTION
AND EAST OF JOHIO SHORES 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 FOR 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 of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 6.92 acres, more particularly described in Exhibit" A" attached hereto and by this
reference made a part hereof, from Orange County RC-E, "Residential-Country Estate District,"
to Ocoee R-l-AA, "Low Density Residential;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the ;;Ocoee City Code"), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning required by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18, 1991, as amended (the ;;Ocoee Comprehensive Plan"); and
WHEREAS, the rezoning requested by the Applicant is consistent with the Joint
Planning Area Agreement entered into February 11, 1994 by and between Orange County and
the City ofOcoee, as amended (the ;;JPA Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to
immediately exercise municipal jurisdiction over said real property for the purposes of Part II of
Chapter 163, Florida Statutes; and
006.362220.1
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, on February 8, 2005 the Planning and Zoning Commission 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 recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission find that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2005 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning 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. Authoritv. The Ocoee City Commission 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. Rezonin2. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 6.92 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
RC-E, "Residential-Country Estate District," to Ocoee R-1-AA, "Low Density Residential." A
map of said land herein described which clearly shows the area of Rezoning is attached hereto as
Exhibit "B" and by this reference is made a part hereof.
SECTION 3. Comprehensive Plan. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 40 Zonin!! Man. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning 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 Chapter
180 of the Ocoee City Code.
SECTION 50 Conflictin!! Ordinances. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
SECTION 60 Severabilitv. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
006.362220.1
2
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 take effect immediately upon
passage and adoption.
PASSED AND ADOPTED this _ day of
,2005.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2005
READ FIRST TIME ,2005.
READ SECOND TIME AND ADOPTED
,2005.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
This day of , 2005.
FOLEY & LARDNER LLP
By:
City Attorney
006.362220.1
"
-'
Exhibit.. A"
L2GAL DESCR,J::nON
THAT F'A~i OF:
"iME NORTH 1/2 C;:- T.-;:; SQUIH'l'iEST l/J~ OJ:" T"::: ~!CqiMWEST l/t., SECTION 15, TO\'t'NSHIP 22 SOUi..;, RANGE 28 EAST,
L'TiNG Yr-Si OF' STATE ROAD 4:38; ALSO KNOWN AS LOTS i3 A'ID 14, LAKE PARI< HIGHLANDS, LYING WEST OF STATE: ROAQ
<l-J6. SAiD LAKE P^R,'< HIGHLANDS SaNG R~CC'i!J::i) IN PLt,T aOOK 'F", ?AGF.: 124. ?USUC RE:CORDS OF ORANGE COUNTY,
FLORIDA"
(SAlD J::ROPE'lT';' BEING THE SAME \..-'NOS DESr.oi::r::) I" C.=-;:ICI.I\I. !=!~CO~OS SOOK 335\, ?AC~ 2,186. OF T.-lE F'ueuc
RECOROS 0;." ORANG:: COUNT'!'. FLORIDA.)
L::SS AND EXCEPT:
COMMERCE: Ai iHE POINT OF" INT'E.~SECi10N 0;:- T..;:: \\-::ST UN:: Or THE NORT.-1WEST 1/<4 OF SECilCN 15, TOvr.-lSHI? 2.2 .
SOUiii. RANGE 28 EAST, ORANGE COUNT'!'. F1_CP~O;\ wril-! T1-!:: CE:NmUNE OF' SURVEY OF' S,R, LJS (SILv:R STAR ROAD) ^S
SHO\lrN ON FLORIDA DE?ARn.t2NT OF' 'iit"lNSPOR IATION RIGrf.'i OF' WAY MAP SECTION 75250-2.52.5, SAID POINT BEiNG
809.965 MEi!RS (2557..36 F;:Ei) SOUTHOO'OJ.'lZ"WZST 0;:" 1HE: NORTHWEST CORN~ OF iHE: NORTHWEST 1/<4 :CF' SAID
SECTION IS. ALSO 8EING A ?QINT ON A CURVE CONCA"E: NO~i'H'N::SiER'-'I' HAV1NG A RAOIUS Or 114..860 M::'I~S (573.69
FEEl) AND A CHORO 8EARING OF" NORTH7S'39'50'E,\ST: T.-1ENC;:: RUN NORTHEASTERLY ALONG TriE ARC OF SAID CURVE: AND
ALONG SAID CE:Ni'ERUNE OF' SUR'/aY THROUGH A CENTRAL ANGLE OF' 01'56'09" A DISTANCE OF' 5.906 ME:i'E.~S (19,36 FEEi)
TO A POINT OF INiERSECTIO~ W.iH iHE SCUTHE:=l!.. ':' EX"i'!NSICN o.~ TrlE EAS~L. 'l' RIGHT OF' WAY UNE OF' JeHIO S:-10RES
DRIVE AS SHO'AN ON SAID RIGH7 o=- WAY MA~: T..,::NC:: OE:PARilNG SAID CURVC:: AND SAID CENTE.qUNE OF SURVEY RUN
NO~'!iiOO'O".'~ Z"EASi ALO\JG SA10 SOUTHE:t!LY ::X;::NSlC~1 ,I\~,O SND E:^Si'ERL Y RIGHT OF" WAY UNE A DISTANCE OF 199.5.31
ME:iE:RS (555.61 FE;:'I) ;:-OR THE POlNT OF .8::GI~'NING: THENCE: CONi1NUE ALONG SAID EASiERL':' RIGHT OF" WAY UNE
NORT..;OO.C....'1Z.EAST 5.J08 METE,,::; (17.d.1 FEET) : T..<FJ'ICE: SOUT..;89'55'A8'EAST 3.353 MEiERS (11,00 FEET) ; THENCE
NORiiiOO'0J,.'12'EASi70.7$2 METERS (2.32.,16 FEET) TO THE: SEGINNING OF' A NON-TANGENT CURlI;: CON CAY:;
NORT.-iEASro::L Y HAVING ^ RADIUS OF 82.257. \I:::O::.RS (269.35 Fm) AND A CHORD SEARING OF SOUi1i48'U,'59"EAST;
T."'lENCE O"ARilNG SAID EASi'E.=lLY RIGHT OF' WAY LINE RUN SOUiHEASTERLY ALONG iHE: ARC OF SAID CtJR~ THROUGH A
CENTRAL ANGLE OF" 50'50'Z2" A DISTANCE 0;: 57.339 \!EiEFlS (235.5<\0 r-~t.I) TO TNE END 0;:- SAID CURVE; iHENCE
SOUiH8J'5S'4-J"EAST ON A NON TANGENT UNE A DISTANCE 0;:" 29.431 M:'Ic..,,<S (96,56 r-t:.:.l) TO THE POINT OF CURVAiURE
OF' A CURY:: CONCAVE NORiHWESTERLY HAVlllJC ^ RAOIUS 0" 7.600 M-:.I:.ltS (2,(,.93 FEET) AND A CHORD eEARING OF'
NORiHS2'02'S8"EAST: 'iHENCE NCRiHEASiERL Y ^LO~G THE AJlC OF SA!D CURVE THROUGH A CENTRAL A.~GLE OF' 57'56'30'
A DISTANCE OF 9.012 I,!EiERS 29.57 FEET) TO " i='Oi!\:, 0;:- TNIGii:NCY: Tr-lENCE NORiH2.3'Q4'J9"EAST A DIST^NCE OF" 61.127
~rnRS (200.55 :-~I:.I); THENCE SOUT..,51'55'~O.E^ST ^ DISTANCE OF' 1,000 METER (3.28 ':':'1) TO TrlE BEGINNINC OF AND
R,\i:ML TO A CUR't~ CON CAli;: SOUiHS;ASTERI.'l' ~"'VlNO ^ RAQIUS OF 288..300 MEiERS (9-!-S.86 FC:Ei) AND A CHORD
SEARING OF NORTH A6 '5S'2.0"E:AST: i'HENCE RUN NOR'THE:ASI~L'l' ALONG iiiE ARC OF' SAID CURVE TrlROUGH II CC:N~^L
ANGLE: 0::' 37',j,7'2.1' ^ DISTANCE OF 190.1''.7 '.lET::RS (67.:l.e.<. FEEi) TO A porNT ON iHS: NORirl UNE ~F LOT 1<4 OF
A::'ORESAID LAKE PARK HIGHLANDS; iiiENCE NCRiH80'S6'S2." EAST ALONG SAID NCRiii LINE AND AN EASTC:RLY EXTENSiON
'THEREOF' ^ OISTAI'olCE: OF 52.2.91 MmRS (17'.5~ ;:EE:T) TO ^ ?OINT OF INTE:RSECilON 'MI.-! I..;E CENiEFlUNE OF' SURVEY OF
SiA~ ROAO 436, SAID POINT SEING ^ PCINT O!\( l'. CU=lVE CONCAv: SOUiHEA~LY HAI,1NG A RADIUS OF 174.860
~ETERS (57J.6S FEET) AND A CHORD 8EARING 0;: SCUiM-\.S'59'J7"WEST : T.'"iENce: SOUTI'lW::S~LY ALONG iHE ARC OF
SAID CURY:: A.'10 ALONG SAID CENTERUNE OF SURVEY iHROUGH A CEN~AL ANGLE OF" 55'OS'15" A DISTANCE OF 171.325
ME:TE:RS (562.09 FEE:i) TO ^ ~OINi OF" TANGE:NCY 'n-1e:.~jC~ SCU1}!20'S5'29"W::ST AND CONTINUING ALONG SAIQ CENi'ERU~I::
OJ:' SURVEY A DISTANCe: OF 101.699 METERS (333.56 F'EET) TO ^ FlQINT ON AN EASi!RLY FROJECilON OF' iHE: SOUiHE'RL.Y
80UNDMY OF" LANDS DESCRISEO IN OF'FlCIAL ?ECOROS seCK .i351. PAGE 2186, pueuc RECORDS OF ORANGE COUNTY,
F'..ORIOA: THENCE RUN ALeNG SAIO EASTERLY i=ROJECilON AND SOUTr-lERLY SOUNDARY NOR1M69'59'5S"Yr-ST 150.781
~mRS (527.50 FEET) :0 "i1-!E POINT OF 8E~I~~H'jC;,
CONTAINS 2.592 ACRES. "fOR~ OR LESS, EXCLUSI\It: 01'" EXISTING ROM RIGHT OF" WAY.
CON"iAI~ING s.n ACRES OR .301,;:V-5.'-5 SOU!.:'::;: ::-:;::;:T '.lOR':: !:~ 1.::35.
Exhibit "B": Grace Community of Faith Church
Location Map
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