III (B) Acceptance and Authorization for Mayor and City Clerk to execute Easement Agreement between Florida Auto Auction and the City of Ocoee providing access to Wofford Road/Apostolic Worship Center AGENDA 9-5-95
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item III B
Ocoee . J.DLL/11 vt1lVUCALIAlr1
O` / COMMISSIONERS
�!'j(� 4%13o, COMMISSIONERS
JOHNSON
•., t� a CITY OF OCOEE PAUL W.FOSTER
v O 150 N.LAKESHORE DRIVE SCOTT A.GLASS
e:* � �t" OCOEE,FLORIDA 34761-2258 JIM GLEASON
yJ, •% (407)656-2322 an MwNAceR
4 O G00V%` ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: August 31, 1995
RE: WOFFORD ROAD/APOSTOLIC WORSHIP CENTER
As you may recall, last year the Winter Garden Seventh-day Adventist Church came
to the City and asked for a Special Exception for a day care center as well as an after
the fact approval of their school. This approval predicated the sale of their building
to the Apostolic Worship Center. As a result of staff review, it was determined that
the City could not favorably look at the granting of a Special Exception use for a
child care since during the rainy season, Wofford Road sometimes becomes
impassable.
When this item was brought to the City Commission, there was discussion evolving
around the fact that the church would be willing to spend approximately $10,000
to improve the road from State Road 50 to the church entrance. At that time our
City Engineer,Jim Shira,suggested that the$10,000 figure would be low,and could
probably not be done for that amount. The City Commission agreed to allow the
continued use of the school under the provision that between that time and May, the
road would be improved to be passable. In late April we were contacted by the
church and were told that in fact the $10,000 figure could not improve the road to
the degree necessary to guarantee the ability for emergency service vehicles to get
to the church during rainy seasons.
At that time it was decided that in the interim, we could possibly receive an okay
from the Auto Auction to get through their lot and out the gate almost directly
across from the church in case of an emergency. The Auto Auction gave us the keys
to this gate and we currently have that access as a last resort for emergency services.
In discussion with the church it appeared that the only answer to this problem until
such time as Wofford Road could be properly paved would be to receive a legal
easement from the Auto Auction as well as an improvement of that easement from
their parking lot to the Auto Auction gate on Wofford Road. The church agreed that
if the City could get that easement they would expend whatever amount of the
$10,000 was necessary to pave that easement with the remaining money of the
$10,000 going towards continued maintenance of Wofford Road as a dirt road.
Attached hereto is the Easement Agreement signed by the Auto Auction. If
approved by the City Commission, the church will then give us the funds necessary
to construct the easement across the Auto Auction parking lot area.
We respectfully request that the City Commission approve this easement as a means
to guarantee our ability to safely access the church property under emergency
conditions in the future.
Respectfully Submitted,
1
ES4:fdg:52 ✓
Attachments
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
David P. Barker, ESQUIRE
FOLEY 8 LARDNER
111 N. Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, Florida 32802-2193
(407) 423-7656
FOR RECORDING PURPOSES ONLY
NON-EXCLUSIVE TEMPORARY ACCESS,
MAINTENANCE AND CONSTRUCTION EASEMENT AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY ACCESS, MAINTENANCE AND
CONSTRUCTION EASEMENT AGREEMENT (the "Easement Agreement") is made
and entered into this day of , 1995, by and
between FLORIDA AUTO AUCTION OF ORLANDO, INC. , a Delaware
corporation, whose address is 11801 West Colonial Drive, Ocoee,
Florida 34761 (hereinafter referred to as the "Grantor") and the
CITY OF OCOEE, a Florida municipal corporation, whose address is
150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter
referred to as the "Grantee") .
WITNESET H:
WHEREAS, Grantor is the owner of that certain real property
located in Orange County, Florida, as more particularly described
in Exhibit "A" attached hereto and incorporated herein by reference
(the "Easement Property") ; and
WHEREAS, Grantee has requested, and Grantor has agreed to
grant and convey to Grantee, a non-exclusive temporary access
easement over, upon and across the Easement Property for the
specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants,
promises, terms and conditions set forth herein, and for other good
and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and
correct, form a material part of this Easement Agreement and are
incorporated herein by reference.
Section 2 . Grant of Access Easement. Grantor hereby gives,
grants, bargains, sells and conveys to Grantee a non-exclusive
temporary access and maintenance easement (the "Access Easement")
with full right and egress over, upon and across the Easement
Property solely for use by fire, rescue, police, ambulance and
other emergency vehicles to provide emergency services to property
located on and adjacent to Wofford Road between State Road 50 and
Story Road, and for maintenance activities reasonably related
thereto, subject to the terms, conditions and limitations set forth
herein.
Section 3. Improvement of Easement Property. The parties
acknowledge that currently a portion of the Easement Property
contains an improved paved surface (the "Improved Portion")
utilized as an access road and parking lot in connection with the
operation of Grantor's business on the Easement Property and
adjacent property owned by Grantor (the "Grantor's Property") and
the remainder portion of the Easement Property is not paved and
improved (the "Unimproved Portion") . So long as Grantee complies
with its obligations under this Easement Agreement, the Grantee, at
Grantee's sole cost and expense, shall have the right but not the
obligation to design, construct, install and maintain an improved
paved driving surface across the Unimproved Portion from the
termination of the Improved Portion to the intersection of the
Easement Property with Wofford Road. At least thirty (30) days, or
such lesser time as may be agreed to by Grantor, prior to any
construction or installation, Grantee shall provide Grantor with
plans of the proposed construction, installation and improvements
for review by Grantor. If Grantor determines, in its reasonable
discretion, that the proposed construction, installation or
improvements will adversely affect the operation of Grantor's
business, Grantor may reject said plans. Grantee shall not
construct or install any improvements until receipt of Grantor's
written approval of said plans. Grantee shall provide Grantor with
at least three (3) days prior written notice of any repair,
replacement, maintenance, inspection or construction activities to
be performed on the Easement Property. All such activities will be
performed on dates and during daytime hours approved in writing in
advance by Grantor, in Grantor's discretion, and in such a manner
as to not impair or interfere with the conducting of Grantor's
business on Grantor's Property or the Easement Property. Upon
construction or installation of the improvements, Grantee shall
install a gate at the intersection of Wofford Road and the Easement
Property, which shall be locked at all times, except when utilized
by the Grantee or Grantor for emergency access. Further, Grantee .
shall survey and stake or mark the boundaries of the Easement
Property immediately upon construction or installation of the
improvements. Grantee shall provide and maintain Grantor with a
duplicate set of keys for the locked gate. No curbs, swales,
ditches, pipes, fences, gates, walls, pylons, barriers,
obstructions or improvements that in any way interfere with the
presence or operation of vehicles in and adjacent to the Easement
Property may be constructed by Grantee without Grantor's prior
written approval. All improvements in and adjacent to the Easement
Property shall immediately upon construction or installation become
the property of Grantor.
- 2 -
Section 4. Use of Easement Property. Except for the two
gates in the Easement Property and except for vehicles traversing
along, across or through the Easement Property, Grantor, its
successors and assigns, at all times, shall keep the above-ground
portion of the Easement Property free from all obstacles,
obstructions and storage of vehicles that would preclude Grantee's
use of the Easement Property for emergency access. Further, except
for the two gates in the Easement Property, Grantor, its successors
and assigns, agree not to build, construct or create, nor permit
others to build, construct or create any buildings or other
structures above-ground on the Easement Property that would
interfere with the operation or maintenance of the Access Easement.
Section 5. Maintenance of Easement Property. Except as
otherwise provided in this Easement Agreement, Grantor, its
successors and assigns, shall maintain at all times, at Grantor's
sole cost and expense, the Improved Portion in such a manner as to
allow Grantee's use of the Easement Property for emergency access.
Grantor, its successors and assigns upon completion of construction
of the improved paved right-of-way as provided herein, shall
maintain until termination hereof, at Grantor's sole cost and
expense, the Unimproved Portion. However, Grantor shall have no
obligation to maintain, repair or replace the improvements or
Easement Property to the extent that the design, construction or
installation of the improvements by the Grantee cause or allow
damage to the Easement Property, Grantor's Property, improvements
or personalty. Grantee shall correct, repair, replace, or pay for,
at Grantor's option, said damage. Further, Grantor shall have no
obligation to maintain the gate along Wofford Road nor any
improvements damaged by Grantee's use of the Easement Property or
by exercise of Grantee's rights under this Agreement. Grantee
shall correct, replace, repair, or pay for, at Grantor's option,
any and all damage to the Easement Property, Grantor's Property,
improvements and personalty, which damage is caused by Grantee or
by activities, or lack thereof, related to Grantee's exercise of
its rights under this Easement Agreement. The mere fact that
Grantee may exercise its rights under this Easement Agreement shall
not alone constitute damage under this Easement Agreement.
Section 6. Grant of Temporary Construction Easement. Grantor
hereby gives, grants, bargains, sells and conveys to Grantee a non-
exclusive temporary construction easement (the "Temporary Construc-
tion Easement") over, upon and across the Easement Property and
20. 0 feet on each side of the Easement Property for the purpose of
Grantee, through itself, its agents, contractors, consultants and
employees, performing such activities necessary in the design,
construction, improvement and paving of the Unimproved Portion;
provided, however, that (a) Grantee shall provide Grantor at least
five (5) days written notice prior to its exercise of any rights
under the Temporary Construction Easement; (b) Grantor shall have
the right to designate the dates and times for such activities;
- 3 -
(c) the rights and privileges of Grantee under the Temporary
Construction Easement shall terminate upon completion of the paving
and improvement of the Unimproved Portion or twenty-four (24)
months after the date of this Easement Agreement, whichever first
occurs, and Grantee shall execute an instrument in recordable form
acknowledging such termination; (d) Grantee shall replace, repair,
or pay for, at Grantor's option, any and all damage to the
Grantor's Property, Easement Property, improvements, and person-
alty, caused by Grantee or by activities, or lack thereof, related
to Grantee's exercise of its rights under this Easement Agreement;
(e) Grantee's design, construction, installation, paving and
improvements shall be consistent and compatible with improvements
to and use of Grantor's Property and the Easement Property, in
Grantor's reasonable discretion; and (f) Grantee's design,
construction, installation, paving and improvements shall ensure
that no stormwater or other drainage from and adjacent to Wofford
Road enters or will enter either the Easement Property or Grantor's
Property to any extent or degree greater than exists on the date of
this Easement Agreement. The Access Easement and the Temporary
Construction Easement are sometimes hereinafter collectively
referred to as the "Easements" .
Grantee shall complete the construction, improvement and
paving of the Unimproved Portion and restore the Temporary
Construction Easement area (except for the construction,
improvement and paving) to its pre-construction condition, all
within a ten (10) day period.
Section 7 . Relocation of Easements. Grantor shall have the
right to relocate the Easements and Easement Property, at
Grantor's sole cost and expense, provided that the new location of
the Easements and Easement Property do not prohibit Grantee from
accessing Wofford Road at the location the Easement Property now
intersects Wofford Road. The new location of the Easements and
Easement Property shall not be unreasonably circuitous and shall be
of such configuration as to be able to accommodate the same type
and size emergency vehicles as the Easement Property referenced in
Exhibit "A" of this Easement Agreement can accommodate, all in the
reasonable determination of the Grantor. In the event Grantor
desires to relocate the Easements and Easement Property, Grantor
shall provide to Grantee written notice of such intention, which
shall include the date of such anticipated relocation, detailed
plans and specifications and a sketch and legal description of the
proposed revised Easement Property. Grantee shall review and
advise Grantor within seven (7) days after notice to Grantee
whether such relocation is sufficient to provide access for
Grantee's fire, rescue, police, ambulance and other emergency
vehicles to Wofford Road and the minimum modifications necessary to
provide such access. If, at the time of Grantor's relocation of
the Easements and Easement Property, Grantee has not constructed
improved paved right-of-way over the Unimproved Portion, Grantee
- 4 -
may improve any unimproved portion of the revised Easement
Property and shall pay the cost of such improvement. If, at the
time of Grantor's relocation of the Easements and Easement
Property, Grantee has constructed the improved paved right-of-way,
Grantor shall construct and pay for such relocated improvements.
Any and all construction activities shall be carried out so as to
provide, at all times, no impairment or interference with Grantor's
business operations and access to Grantee over the Easement
Property. Upon completion of such construction activities, the
parties hereto shall execute and record an amendment to this
Easement Agreement revising the legal description of the Easement
Property.
Section 8. Title to Easement Property. Grantor hereby
warrants to Grantee that Grantor has unencumbered fee title to the
Easement Property, subject to easements, reservations and
restrictions of record, if any, and that Grantor has full power and
authority to grant the Access Easement and the Temporary
Construction Easement.
Section 9. Non-Exclusivity. The Easements are non-exclusive,
and Grantor reserves to itself, its successors and assigns, all
rights not expressly granted in this Easement Agreement, including
without limitation, the right to sell, lease, mortgage, encumber,
ingress, egress, use, and pass and repass over, under, through and
upon the Easement Property. Each party shall use the rights
granted and reserved by this Easement Agreement with due regard to
the rights of the other party to use and enjoy the Easement
Property.
Section 10. Termination of Access Easement. It is
contemplated by the Grantor and the Grantee that the Easements will
no longer be necessary at such time as an improved parking or
driveway area or right-of-way suitable for emergency vehicles is
constructed on Wofford Road from the location where the Easement
Property intersects Wofford Road to either State Road 50 or Story
Road. Accordingly, this Easement Agreement and the Easements
granted herein shall terminate in the event of the subsequent
improvement of the portion of Wofford Road as described above and
in such event the Grantee shall execute, in recordable form, a
Notice of Termination. In the event Grantee fails to execute and
deliver to Grantor such Notice of Termination within thirty (30)
days after request to Grantee to provide such document, Grantor may
execute and record a Notice of Termination which shall terminate
this Easement Agreement. In the event Grantee fails to comply with
its obligations or the provisions under this Easement Agreement or
Grantee is reckless, careless or abusive in exercising its rights
under this Agreement, Grantor shall have the right to terminate
this Easement Agreement by written notice to Grantee.
- 5 -
Section 11. Indemnification of Grantor and Insurance. To the
extent permitted by law, the Grantee hereby indemnifies and holds
harmless the Grantor from and against any and all claims, liens,
actions, causes of action, loss, damage, injury, liability, cost or
expense, including without limitation attorneys' fees (whether
incurred before, during or after trial, or upon any appellate
level) , arising from the Grantee's use of the Easement Property or
from the exercise by the Grantee of any rights granted by this
Easement Agreement.
From the date of the commencement of this Easement Agreement,
Grantee shall maintain public liability insurance covering the
Easement Property for the protection of Grantor and Grantee as
their interests may appear, with limits of not less than
$1, 000, 000. 00 for death or injury to any one person, $2, 000, 000.00
for death or injury to more than one person and $500, 000. 00 for
property damage. Grantee shall promptly, within 10 (ten) days
after date hereof, provide Grantor with a certificate or
certificates from the insurer evidencing that such insurance is in
force, that Grantor and Grantee are covered by such policy or
policies as their interests may appear, and that such policy or
policies are noncancellable without 10 (ten) days advance notice to
Grantor, and, in the event that Grantee fails to furnish said
certificates to Grantor, this Easement Agreement shall be
terminable at Grantor's option.
Section 12 . Binding Affect. This Easement Agreement shall be
binding upon and inure to the benefit of the parties specified
herein, their respective legal representatives, heirs, successors
and assigns, and the benefits and burdens hereof shall run with the
Easement property.
Section 13. Amendment. This Easement Agreement may be
modified or amended only upon the mutual written consent of Grantee
and Grantor, or their respective legal representatives, heirs,
successors and assigns.
Section 14. Indemnity From Liens. Grantee assumes full
responsibility for, and, to the extent permitted by law,
indemnifies and holds Grantor harmless from and against, the
payment and satisfaction of any and all liens against the Easement
Property. If any such lien attaches, or claim of lien is made
against the Easement Property or other lands by reason of Grantee's
actions, and shall not be released by payment, bond or otherwise,
within thirty (30) days after notice thereof, Grantor shall have
the right to terminate this Easement Agreement, or to pay or
discharge the claim, and Grantee agrees to reimburse Grantor for
such payment promptly upon demand.
- 6 -
Section 15. Condemnation.
In the event that a portion or all of the Easement Property or
Easements is acquired by or for an entity possessing eminent domain
power, by the exercise of such power or under threat of condem-
nation, whether such acquisition is by gift, contract, lawsuit or
otherwise, the Grantor shall be entitled to and shall receive all
damages, compensation, awards and benefits in any way relating to
the Easements, Easement Property and project for which the
acquisition occurs, and the Grantee shall have no right to any such
damage, compensation, award or benefit regardless of whether this
Easement Agreement continues or terminates.
This Easement Agreement shall terminate upon acquisition by or
for an entity with eminent domain power of all of the Easement
Property or Easements or so much of the Easement Property or
Easements as will not allow Grantee to access Wofford Road from
that portion of the Easement Property remaining after the
acquisition.
The Easements under this Easement Agreement were not acquired
by Grantee's exercise of its eminent domain power, nor under threat
thereof. However, if Grantee does acquire, by or under threat of
condemnation, all or any portion of the Easement Property, or any
portion of Grantor's Property for any of the purposes referred to
in Section 2 of this Easement Agreement, this Easement Agreement
shall terminate.
Section 16. Impervious Surface. For the calculation of any
impervious surface ratios and in determining whether Grantee's
criteria relating to development of all or any portion of Grantor's
Property is met, that portion of the Easement Property which is
paved shall be treated as pervious.
Section 17 . Drainage. Grantee shall be responsible, at its
sole cost and expense, for ensuring that no stormwater or other
drainage from and adjacent to Wofford Road enters either the
Easement Property or Grantor's Property to any extent or degree
greater than exists on the date of this Easement Agreement.
Section 18. Security. Except for the time actually used
ingressing or egressing the Easement Property, Grantee at all
times, shall keep the gate along Wofford Road secure and locked.
Section 19. Captions. The paragraph captions in this
Easement Agreement are for convenience only and shall have no
effect upon the terms and provisions of this Easement Agreement.
Section 20. Assignment. Grantee shall have no right to
assign this Easement Agreement without the prior written consent by
Grantor.
- 7 -
IN WITNESS WHEREOF, the Grantor has caused this instrument to
be executed as of the day and year first above written.
GRANTOR:
Signed, sealed and delivered FLORIDA AUTO AUCTION OF ORLANDO,
in the presence of: INC. , a Delaware corporation,
By:
Name:
Name: Title:
(CORPORATE SEAL)
Name:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared
as of FLORIDA AUTO AUCTION OF ORLANDO,
INC. , a Delaware corporation, and that he acknowledged executing
the same on behalf of said corporation, freely and voluntarily,
under authority duly vested in him by said corporation, and that
the seal affixed hereto is the true corporate seal of said
corporation, and who [ ] is personally known to me, or [ ]
produced as identification.
WITNESS my hand and official seal in the County and State last
aforesaid this day of July, 1995.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
- 8 -
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the day and year first above
written.
GRANTEE:
Signed, sealed and delivered CITY OF OCOEE,
in the presence of: a Florida municipal corporation,
By:
S. SCOTT VANDERGRIFT, Mayor
Name:
Attest:
JEAN GRAFTON, City Clerk
Name:
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1995,
THIS DAY OF , 1995. UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN
GRAFTON, well known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, a Florida municipal
corporation, and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said
municipality and who are both personally known to me.
- 9 -
WITNESS my hand and official seal in the County and State last
aforesaid this day of July, 1995.
Signature of Notary
Name of Notary (Typed, Printed or stamped)
Commission Number cif not legible on seat):
My Commission Expires (if not Legible on seal):
•
- 10 -
EXHIBIT "A"
EASEMENT PROPERTY
LEGAL DESCRIPTION:
Commence at the Southwest corner of Section 19, Township 22 South, Range 28 East, Orange County,
Florida; thence North 00'09'55" East a distance of 7.32.69 feet along the West line of the
Southwest 1/4 said Section 19; thence South 89'50'05" Eost a distance of 30.00 feet to the Point
of Beginning; thence North 00'09'55" East a distance of 84.00 feet to the point of curvature of
a curve being concave to the Northeast having a radius of 30.00 feet, a central angle of
90'21'06" and a chord bearing of South 45'00'38" •East; thence Southeasterly a distance of
47.31 ,feet along said curve to the point of tangency, thence North 89'58'09" East a distance of
512.28 feet to the point of curvature of a curve being concave Southwesterly having a radius of
109.00 feet, a central angle of 89'54'26" and a chord bearing of South 44'58'16" East; thence
Southeasterly a distance of 171.04 feet along said curve and the face of a concrete curb and the
Westerly extension thereof to the point of tangency; thence continue along said face of curb South
0001'03" East a distance of 207.28 feet to the point of curvature of a curve being concave
Northeasterly having a radius of 15.00 feet, a central angle of 9016'22" and a chord bearing of
South 45'09'14" East; thence Southeasterly along said curve and said face of curb and the
Easterly extension thereof a distance of 23.63 feet to the point of tangency of said curve, and a
point on a line being 377.01 feet North of and parallel with the North right—of—way line of State
Road 50 being a 150.00 foot right—of—way; thence North 89'42'35" Eest a distance of 62.13 feet
along said line to a point on a line being 42.00 feet Easterly of and
the Westery
edge of the asphalt entrance rood to the Florida Auto Auction property;rty; tlh South 00'03!43"
West a distance of .377.01 feet along said line to the North right—of—way line of aforementioned
State Road 50; thence South 89'42'35" West a distance of 42.00 feet along said North right—of—
way line to the Westerly edge of said asphalt entrance road; thence North 00'03'43" East a
distance of 309.64 feet along said Westerly edge to the point of intersection with a line being
the Southeasterly extension of the face of a concrete curb; thence North 4110'20" West a
distance of 75.17 feet along said Southeasterly extension and the face of said curb to the point
of curvature of a curve being concave Northeasterly having a radius of 39.00 feet, a central angle
of 4109'17" and a chord bearing of North 20'35'42" West; thence Northwesterly a distance of
28.01 feet along said face of curb and said curve to the point of tangency; thence continue along
said face of curb North QO'01'03" West 207.29 feet to the point of curvature of a curve being
concave Southwesterly, having a radius of 85.00 feet, a central angle of 90'00'48" and a chord
bearing •of North 45'01'27" West; thence Northwesterly a distance of 133.54 feet along'said fore
of curb and the Westerly extension thereof and said curve to the point of tangency of said curve;
thence South 89'58'09" West 512.44 feet to the point of curvature of a curve being concave
Southeasterly, having a radius of 30.00 feet, a central angle of 89'48'14" and a chord bearing
of South 45'04'02" West; thence Southwesterly a distance of 47.02 feet along said curve to the
point of tangency of said curve said point being the Point of Beginning. Containing 0.924 acres
more or less.
This is to certify that the legal description on this map was prepared under my direction on the
date shown based on the information furnished to me as noted and conforms to the MINIMUM TECH—
NICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA in accordance with CH. 61G17-6,
Florida Administrative Code.
Legal Description
Date: April 13, 1995 SW _
44738007
For
.101144938007 I Scale: e'-g °f 1 2r tk
The City of`Ocoee - r '����
Arai isr.j r _,.laW�
CH. 61G17.-6, Florida Administrative SOUTHEASTERN SURVEYING & MAPPING CORP.
Code requires that a legal description 925 S. Semoran Blvd.,Suite 112
THIS ISeNOT A tSURVEY.
Hier Park, Florida 32792
407/678-8729
•
Revised: ROGER LONSWAY
REGISTERED LANO SURVEYOR N<47
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER
Ocoee S. SCOTT VANDERGRIFr
0
j COMMISSIONERS
rRUSTY JOHNSON
• CITY OF OCOEE PAUL W.FOSTER
SCOTT A.GLASS
i v O 150 N. LAKESHORE DRIVE
c OCOEE,FLORIDA 34761-2258 JIM GLEASON
''.y ,may'9 (407)656-322 CITY MANAGER
>
OF GO00 ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: May 11, 1995 I/
RE: STATUS OF WOFFORD ROAD - SPECIAL EXCEPTION/CHURCH
Approximately 90 to 120 days ago we came to the City Commission with a Special
Exception request from the Winter Garden Seventh-day Adventist Church to conduct a
church school. As you may recall, upon discussion by the City Commission it was
determined that the horrible condition of Wofford Road made it almost impossible for our
emergency service vehicles to provide care to the church in case of fire or medical
emergency. Due to the inability to get to the church by the emergency service access we
advised the City Commission that a large liability would occur if a special exception was
granted under these conditions.
The church and the City Commission basically determined that if the roadway was improved
by doing some drainage work to Wofford Road and replacing the road material, thereby
making the road passable during wet conditions by May 1, the special exception could be
granted. At that time there was a significant difference of opinion as to what the cost would
be to do this work. The church engineer estimated the cost at approximately $1 1,000,
while the City Engineer cautioned that the price could be as high as twice that amount.
About 6 weeks ago we heard from the Winter Garden Seventh-day Adventist Church that
they had in fact sold the church to the Apostolic Worship Center, and that during cost
investigation of the road improvements by the church, it was determined that in fact the
$ 10,000 set aside for the project would not be accomplish the roadway improvements
discussed earlier this year.
After being advised of this, we attempted to figure out if there was any other way we could
get emergency vehicles to this church on an improved substance if the rains came and created
further degradation of Wofford Road. It was decided that it would be possible for an
emergency vehicle easement to be received from the Auto Auction that would give us a
method of bringing emergency service vehicles through the public parking lot of the Auto
Auction on an improved paved surface to a gate directly across Wofford Road from the
church for an estimated cost of under $10,000.
We have done the necessary surveying for this project and established a cost at $8,000-
$9,000 to pave this area and make the safe connection to the church. The Auto Auction
has agreed and the Fire Chief has no problem with this easement. (See attached memo from
Jim Shin.)
Also, for your review is a letter from Frank Thompson, Pastor of the Apostolic Worship
Center, agreeing to improving the easement through the Auto Auction with the stipulation
that any additional money not spent on this improvement would be used to purchase material
to make grading improvements to Wofford Road.
Prior to expending any City funds such as legal expense for this easement, I respectfully •
request the City Commission's input as to whether they will agree to this method of solving
emergency service to the church. Staff can recommend this option if you agree.
Respectfully Submitted,
ES3:fdg:140
Attachments
cc: Jim Shira, City Engineer
Don Flippen, Building Official
MEMORANDUM
DATE: April 20, 1995
TO: Ellis Shapiro, City Manager
FROM: James W. Shira, P.E.
City Engineer/Utilitie i ector
SUBJECT: Florida Auto Auction - Access Easement to Wofford Road
I have received the completed survey depicting the route of this proposed easement. There will
be approximately 180 feet of this easement to be paved. This paving will cost approximately
$8,000.00 to $9,000.00. This assumes that there is no cost for the property to be obtained from
the auto auction.
Please advise if these is any further action I need to take at this time.
JWS/jbw
1LPiVj - rn"- 4
6f
TO: ELLIS SHAPIRO
CITY MANAGER, OCOEE FLORIDA
FROM: FRANK E. THOMPSON
PASTOR, APOSTOLIC WO HIP CENTER
940 WOFFORD ROAD, OCOEE, FLORIDA
SUBJECT: SPECIAL EXCEPTION
DATE: MAY 10,1995
This letter is in response to our meeting on Thursday regarding the special exception for our property use.
The city along with the cooperation of the Florida Auto Auction has agreed to allow access to emergency
vehicles through the Auction property. As it was stated in our meeting this access would require
construction of a portion of the roadway on their property. It was further stated the possible cost to
complete this job is $7,000 to 3,000 . It was also stated that the process (with final approval from the city
commission)would take until July`95.
We are happy with this decision and with the cooperation of the Auction in this matter.
We would however, like to ensure the following:
The total cost to complete this project shall not exceed $ 10,000.
The projected costs of$8000, shall be aggressively approached with at least 3 bids on work to be
performed
It shall be understood that all funds we have remaining at the conclusion of this project shall be used for
the purchase of materials/labor to improve Wofford road and shall have the cooperation of the City of
Ocoee with these improvements ie grading of materials etc
We appreciate the efforts that have gone into making this project a success and know that the community
will appreciate the benefits brought to it by this day care facility.
CC:Church file
Ron Priest
Frank McMillan Esq.
Steve Stone Esq.
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Title Date
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Above prices are huctted from your specifications. This proposal is subject to acceptance within 30 day`s
and in accordance .nit.:l our terms and conditions listed on the reverse side.
_,.:,,t:
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. l
AGENDA 10-18-94
"CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" Item V B
Ocoee a JI.V11 vM1VLCAtaHr1
pegit
CITY OF OCOEE ToUSOH N
(� ' 150 N.LAKFSHORE DRIVE PAUL W.FOSTER
OCOEE FLORIDA 34761-2258 VERN COMBS
.Q,c4
(407)656-2322 JIM GLEASON
Cp
``
GOOD CITYMANAGIIt
ELLIS SHAPIRO
MEMORANDUM
TO: Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: October 14, 1994
RE: Special Exception Application
Winter Garden Seventh-Day Adventist Church
Case No. 1-4SE-94
The above-referenced Special Exception was considered by the City Commission
at a public hearing held on September 20, 1994. At that time, the City Commission continued
the public hearing to October 18, 1994 so that the City staff could explore possible solutions for
the improvement of Wofford Road so that it would be adequate to support the Church's existing
school operation and an expanded school and day care operation. Attached hereto is a copy of
the Staff Report from Russ Wagner dated September 15, 1994 and a memorandum from City
Attorney Paul Rosenthal dated September 20, 1994 with respect to the above-referenced Special
Exception.
After investigating various options with respect to Wofford Road, we continue to
be of the opinion that the Special Exception should not be approved unless an agreement is
reached which would provide for Wofford Road to be improved as a stabilized road adequate
to support fire truck access to the Church property. The primary concern is that there is an
adequate emergency access to the Church property during the rainy season. Additionally,
increased usage of Wofford Road would intensify the need for city maintenance of the road and
result in an increased maintenance cost to the city taxpayers. Under these circumstances,
approval of the Special Exception could expose the City to potential liability in the event fire
trucks could not reach the Church property in an emergency situation.
We met with representatives of the Florida Auto Auction in an attempt to find a
solution. Suggestions included the possibility of an emergency access through the Florida Auto
Auction which would reduce the area of Wofford Road which would need to be stabilized. We
also explored the possibility of having the Auto Auction participate in funding improvements to
Wofford Road. Attached hereto is a copy of correspondence dated October 13, 1994 from
Attorney Kurt Ardaman in response to our proposal and a reply dated October 14, 1994 from
City Attorney Rosenthal. We do not believe that the Auto Auction's response provides a basis
for a near term solution.
Additionally, we met with Church representatives in an attempt to find a solution.
Our meeting did not yield a solution.
We will continue to work with the Church and Florida Auto Auction in an attempt
to find a solution to the improvement and maintenance issues on Wofford Road; however, at the
present time, a solution does not appear to be at hand. In order to better protect Wofford Road
and the ability of fire trucks to reach the Church property during normal Church operations, the
City will continue its current maintenance program on Wofford Road and will pursue the
temporary closing of a portion of Wofford Road in order to reduce the deterioration of the road.
Limitations on the type of vehicular traffic on Wofford Road will also be pursued.
In conclusion, the granting of the Special Exception would endanger the safety
and welfare of the young children who would attend a school and/or day care facility at the
Church property due to the potential that fire trucks would not be able to access the Church
property on a yearround basis and therefore fails to meet the criteria established by Section 4-
8(B) of the Land Development Code. Accordingly, it is recommended that the City Commission
deny the application of the Winter Garden Seventh-Day Adventist Church for a Special
Exception. It is further recommended that this denial be without prejudice to the right of the
Church to reapply for a Special Exception at such time as a plan is in place for Wofford Road
to be improved as a stabilized road adequate to support fire truck access to the Church property.
Enclosure
'CENTER OF GOOD LIVING- PRIDE OF WEST ORANGEEN
' AGENDA 9-20-94
Ocoee Item V D
O`
Fa CITY OF O C O EE COMMISSIONERS
RUST JOHNSON
I O OCD N.LAK SHORE DRIVE PAUL W.FOSTERcry
AOFv (4�6 6' -23226i- VERN COMBS
,. JIM CLEASON
E4 GOOC QTY MANAGER
ELUS SHAPIRO
SRP-452
STAFF REPORT
DATE: September I5, 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 existinc private school and begin operation of a
cuclic child care center at its existing facility on Wofford Road.
The Ocoee Land Development Code only permits such uses by Special
Excepticn_ within R-2, R-3 , C-_, C-2 , C-3 and I-I zoning district
Thtract is currentlyRdistricts .
scL t zoned1 Sincle amity Dwell�nc
District; however, the accompanying rezoningpetition
if (Case Nc .
R94-07-02) 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
Scecial Excectioncalled orofdinance as out by the zoning rd_nance that
time . Conseauently, the application i_n_cormorates this existing use
to make it legally permitted. The child care center iss an
additionaluse which the church to add to het
intendsD 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, r,.) 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:
3ased upon DRC approval ac a meeting held August 9, 1994 , staff
respe� � y 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
3) 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 .
R3W/emk
cc : Ronald Priest, Pastor
Case F_le No . 1-4SE-94
Attachments
EXHIBIT "A"
WINTER GARDEN . SEVENTH—DAY ADVENTIST CHURCH
LEGAL DESCRIPTION :
From the Northeast corner ai the Southeast 1/4
of the Southeast 1/4 ar Sectioa 24, Township
22 South, Range 27 East, rue South 00 degrees
00 miaures 40 seconds List 399.74 fee: algag, the .
East boundary or the Southeast 1/4 of said Section
24 for a pciat of beginning: thence continue South
00 degrees 00 minutes 40 seconds East L79.26 Feet,
along said 2Ast boundary; thence South 88 degrees
32 minutes 26 seconds West 94g feet parallel with
:e North boundary or the Southeast 1/4 of the
Suutheast 1/= of said section 24; thence North 00
degrees 00 :a_outes 40 secoods Nest 234. 13 feet; thence
S,�ut: 88 degrees 07 .iautes 53 seconds2ast 941.20
fee_ along the ceate= 1:ae of a ditch to the oeiat
or beginning. (C:.ntaisiag 4.4343 . ac=es). . . -
CITY OF OCOEE
SPECIAL CEPT I ON
CASE NO . 1-45E-94 :
W IN'thR GARDEN SEVENTH-DAY ADVENTIST
REQUESTED SPECIAL EXCEPTION
SCHOOL AND ca.=LE) CARE FACILITY
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This cr=.AcE FOR ft'
PRC IE:i NC. .-18E `'9c,� USc ONLY � JUL 2 9 �yaa F Lciaiv-ick. 42h, ec
1,.....L. v CE'CSIT AMOUNT AI a i v—)c(.. ,, '7//ajA
Ci— OF OCCEE CAtc PAID
RE..EP7 NO.
CITY OF OCCEE
APPLICATION FOR SPECIAL EXCEPTION
(PLEASE TYPE CR PRINT ALL INFORMATION)
SPECAL EYCEPTTCN S 70.0Q
(This appiicatien is only far those spac:ai except cons-which are Insistent with the City of
Ccree's Comprehensive Pan. All others must submit Comprehensive Pian Amendment
applications.)
(Pa r\ lol J2• Pc;e5-i'r p,s1,cr)
1. APP'LICANT'S NAME LI \‘../ i ri-Cie C a rcv e._,(-) 5e ve r\-4-1-1 1 r1 I , '1
APPLICANTS ESS: P-c • lac `,{ f 71 (c 7 Lit n \e r a IsCI 6._.) 3 11; 7 7-.7
c..-? )
.
=-� -r,;
-- ==-CNE NUMEE:R: L. i C -.35-17'4 - -
? CWN R CF;ECCR,C: !.-�-�'c 1�:. CL.. ' ;ICL �_' �Cc(
5 C. cut) C i;
5 e,,` `i f1-ac..y (-td::e%l 5 j 7 .
CWNER'S ACCRESS: -2-C . 3 n :C ?(6_?
) C•'n ie i- JQ^K . L( - - 7 9C --:;-e,
&1.7/17/ - .6-con Qtt: kz: ..i,a w
,If ;acre :,~an ore owner, lease artaca accit.cnaf s�leets',
NOTE: .1 separate acpii=tion fee is cciiec:ee fcr eacn ac cn scuCrr and fcr„cn:crttiguec:s parcels or for
pa refs •••e!d under separate ownership. Upon request. payment cr ata above fee entitles :he
apcii=nt :c a cosy of :he CZ/ or Cccee s lana Cevelccment Regulations.
3. CP_RTY LCCAT'CN:
•
•
A. CIREC iCNS TC PRCPc -kTY: ' :i:T t'C(C1 `C�. \i 3 5 be-j•li* 2.rT)
I i �,v LI C— ..Tc r \i -C\ -,L.,....57-' Ur I ,,
ST CT "TN'
fl` I 1 1 t
LEGAL CESC,?Ir CN: ALL. Ar"FLICA i TCNS MUST ;RCVICE i r'RE! (3) _.(CL i
C.:-,i iFE ANO SEAQ SCUNCARY SURVEYS PCR 77-Z Sue,;ECT ??FCS WHIG-
SI-i.ALL!NCLLICE A METES-ANC SCUNCS L 4L:.�. ��IF;C A I I AC:=SURVEY WITH
�. t N.
PC R,M-1 g 1
Ac-lic=fCrr cr Scecat : cflcrr
LEGAL CESC.iIPTrCN AS `(I-1IBIT SPE::F ' H .CW: SEC;,CN CWNSrrIP-
:PANGESUECIVISICN-LCT-ANC-+3LCCX. AS APPUCABLE.
C. ?RCPERTY TAX IC. NC(S): - I ct C `f V6. ( � - 5-5-C
_. ERIE,---LY SPE:FY THE CE,e CPM— HISTORY AND CWNESI-HIP CF Tr'E SUBJECT
PARCE;S) SINCE JANUARY 1, 1S85. INCWCING YEAR LCT WAS C.
YEAR ANN 4=11, AND PREJICUSLY SUBM t i CE/ECPMEIT APPLICATIC S.ETC.:
NS, Ei C»
Prcee =q c a\AA u5(-2 n L��3 ► ,1 t:
nra usc.3 Pin c ,` d i r\ acc �� -� - ! ,c
II
;,) ;'e le A- ti•� g t 14-A ., !'? $.7 Il`C C�/Q ft 110 S
�C rIr I
r� c'c� T� �'��( 'Zr�c � F
5. PRCPCSc'7.� USE CF THE SUBJECT' PARCEL. IF i;:E PRESENT AF?LJCAT ICN(S) IS/ARE
GRANT-=?
�•` t ,;nd
In_ c.r`i'C h i .5C;^ cc / C. Gt r (C(
SPEC:F,1 ZCNLNC- CR PRRCaS IMME1A i`Y ADJACENT TO i HE SUBJECT
A. NCR T 1;. ;' _ / y ("la . e
E. SCUM: C -.t /L)- ' , !1
C. `AST: Cc�`
C. WEST: .Y
7. NUMEE CF EII T TNG El:ILCINGS ANC E::S T,NG LAND USE CF THE;E SUBJECT PARC'-
SPEC:AL E:CE.t iCN APPUCAT CNS ARE is-cREO TO 1-TE ECARD Cr ADJUSTMENT FCR
A PUELCEARING. STUDY, ANC ECCMMEVCAT1CN, ANC ARE THEN FCRWARCEZ TO i HE
CM! CCMMISSICN FCR =ANAL ACTICN.
ERIc Y ADDRESS THE =CLCW1NG:
A- I-C NE=7' ANC JU 17CA tCiCN FCC THE RE•. UES I C ACTION:ICN: 1 ,'n( ,.�.
4 `
Wit( -?r'Ir CC G Vk C`rl( ( d
Acr;tic2rfcrt fcr Sced21 Excartfcrt
ta. I-1CW WILL.TT-fE FCLL OWING ESSENTIAL ScRV10ES SE PROVIDI7?
A. POTABLE.WATEi: GtiC
• S. WASTEWATER TREATMENT: 5 .0 T(C
C. SiCRMWATER MANAGE.MENT: ilicute re.o (AIN' c CCT Tiu,�c' �t bc; (di(43.
0. RECREATION:TON; ( J
l cz••/ c2 PP wUt CS, e 4 u.�,t7.
k .� i T
E SO-iCCLS AND PRC.lECTE7. NUMEER CF SC:•fCCL AGE C:-iILLREN: `Tl�
F. MAIN -IG IWAY ACCESS (A r-arTrc study tray be required): E i w y - •5 G
C. FRE FRC I
i ICN (NOTE Fre lbw data wiiI be required beicre irat planting):
; �/ cr CCcce
Ti. SLJEMIT A _'MINARY SI c?LAN ILLUSTRATING -THE FCLLCWING;
A. FRC.iECT NAME
S. NAME ADDRESS,AND i-- E=HCNE NUMEER CF T-EAPP IICANi, OWNER, _.NCINER.
AND SURVEYCR.
C. SL.SM!1 I.1L AND -E.vISICN CATES.
E.Z.
C. P CIMINEN T NCRTH;; AF CW.
E. SCALE AT NCI' 'LESS i-AN t' =F. tCa'
A'SEALED'SCUNCARY SURVEY,INCLUDING-A LEGAL CESCRIFTICN,i CTALACREAGE
AND S7-CWING LINEAR CIMENSICNS AND SURVEY -EACINCS.
C-
LECSTING AND FRCPCSZONING CF SUE,:EC: FRCFERT! AND AC..:CINING
FARCZ-.1.S.
L CCA i ICN MAP WT=IC- CLEARLY Sc=CWS THE E SUE.:ECT PARCEL W i r i RESPECT TO
c.0 I;NG ,FCACS AND LANCMA KE.
I• L CCA T,CN, NAME RIG-17-CF-WAY WIC T r'S, ANC PAVEMENT WIDTH -CF
i=3 AND FRCFCSE INGRESS ANC c,:n;=ZQ POINTS.
S.
.Ac;:ticatfcc fcr Sc ..d B:GCtl=
J. (IS�7NG T CPCGRAPH (1)
CRANGE CCUNT! ATUM, IDENTIFY AT L=AST WC (2) ?EVCcf MARKS.S CN T r'E
K VESETATTCN TYPES. WCCDED AREAS, AND U1Y CC NSERVATICN ZCNES
L LIMITS CF 1M1-YEAR �ERALF c.CCD PLAIN AND NCRMAL HIGH WATER ELEVATICNS
CF ALL LAKES ANC WETLANDS.
M. IDENTIFY SCIL TYPES USING THE U.S. SCIL CCNSERVATICN SERVICE SYSTEM.
N. ANY OTHER INFCRMATICN OE_-�1AE:] NECESSARY AND APFRCPRIATE SY APPLICANT
Ta HE-3 DETERMINE CCMPUANCE WITH THE Cly CF CCCE'S CEVE-CPMENTCCCE. UST AND ILLUSTRATE[TEMS SC IDENTIFsp:
2. APPLICANT SHALL SUEMIT A LIST CF THE CWNERS' NAMES ANDMAILING ADDRESSES FCR
ALL PPCPERTY LYING WITHIN THREE HUNCRE7: (Cal) ; c CF THE PERIMETER.
�' PRCF�T�, P� THE ORANGE CF THE
SUE.;E�� ..
LATEST ES I CCUNTY PRCPER T`! APPRAISERS AD
VALCREd TAX PCL.. FAILURE TC IDENTIFY ALL ADJACENT PROPERTY CWNERS MAY CAUSE
THE;E SUEMI .SPP►:CAT ICN TO SE DENIED.
FCR,41-ls
Acc:1=ton fcr Scecai E:capticn
CITY OF CCCE=, FLORIDA
OWNER'S AFFTDAV1T
STATE CF P10 rtda
C:UNYCF ('1Cmce
u
Before me, the undersigned personaliy appeared 5-i-c o he r1 l,v,t Scan . , who being first
duly swcm on oath, depcse(s) and say(s): Vice President, Florida 's'= Ass=,�,.;r,,,,
ar Se `-may?d,elt s-ts -----�.�....
1. That they/she/he are/is the fee-simple owners) of the rope
appiicsticn and that the attached ownership list is made ap legally described the in this
desc:pticn(s) for the real property, i� of the affidavit and =mains legal
p perty, and the names and mailing addresses of all owners having an interest
in said land.
2. That fey/she/he desire(s) cpe.c�a I t xe.40 4-i'o n +71 r -,c k a c c._An d
C' « Cc,u-e ,-.... e
(sceczy aeon scught) for said property.
. Thar Mey/she/he/ have/has appointed cn� 8 �D. (e 5T
(seedy himself cr agent) to act as agent in their/her/his behalf to ac=molish the above.
t. That they/she/he affirm(s), certify)(ies) and wiil comely with all ordinances, regulations and
crcvisicrs cf the Cay Code cf the C:ty of Ccc ee, and that ail statements and diagrams submitted herewith
are true and accurate to the best of their/his/her knowledge and belief and further, that this acplicaticn and
attachments snail become :art cf the cifidi records of the City of Ccoee. and are not returnable.
S. That the accompanying adjacent property owners list is. to the best of their/her/his knowledge,
a comciete and accurate list of tate cwrer`s names and mailing addresses fcr ail prccerty lying within three
huncred (;;CC) feet of to cerirneter of the subiec parcel, as recorded on the latest official Crange County
Tax Rc:ls.
c. That prier to tie public hearing, if applicable, signs will be prcminently posted cn the subject
parcel nct less than twelve (12) days before the accliccn will be considered by the Planning and Zoning
Scars cr the Scard of Ad('ustment, and will remain costed until noel determiraticn, after which time the
,.cubes are to be remcved and destroyed. J
• Cwrer' ig�tature Vice =:.s i ce_r,L
r F cr,--',...!a. Conference _association of Seventh-
,:o and sucsc::;,ed cefcre :„e is :'t'day or A.: $., 1T fitl
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no OCOEE CITY COMMISSION.wll I
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..SAM GRAFT'CN. CSi1C
OTY Cf CCJ�T
O[SSA64=1 August tl 1994•
FOLEY & LARDNER
III NORTH ORANGE AVENUE. SUITE 1800
ORLANDO. FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 14071 648-1743
TAMPA. FLORIDA MAILING ADDRESS: MILWAUKEE. WISCONSIN
JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN
TALLAHASSEE. FLORIDA WASHINGTON. O.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 Dav 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.
/981
(2) Copy of correspondence dated October 11, 19 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 test 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 subject property
and not a private organization; " (Revisions underlined)
The recommended revisions to Conditions Numbers 5 and 8 as set
forth in the Staff Report are intended to clarify and be consistent
with the Development Review Committee recommendations and are not
intended to express any opinion by the City Attorney on the
substantive content of the recommendations or whether there is
competent substantial evidence to support such recommendations.
(III. ) FINDINGS OF FACT:
Section 4-8 (A) (3) of the Land Development Code requires that
any action taken by the City Commission be accompanied by findings
of the City Commission upon which the action was based. If the
City Commission finds that there is competent substantial evidence
to support the Staff Recommendation, then the Commission may wish
to consider adopting the Recommended Findings of Fact attached
hereto. Again, these are not recommendations of the City Attorney
and are intended only to provide the necessary information for the
City Commission to approve the DRC recommendation.
PER:dh
Enclosures
CAWPSINDOCS1000EV44E OSU,ERDDH09.3Y:;9/23,94IDEBBIEH;PER.dh
S �cC i A L CP-rfenis 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.
(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
- I
77—c.___7
O�j �+ Public Works Divislo
O .r •• • C„ 2/cid �I1,1 i.y Thomas M.Hasttngs P.E.,Director
Engineering Department
mina.J.Masi.P;E.,Manager
2430 33rd Street
Orlando,Fluid*323094796
Telephoto(407)244-7900
FAX(407)244.7999 ;
October 11, 1989
•
•
R CEIVED
The H. .cable T •.,. -s-1R. I Ison
Mayo of Coos. i
150 S takash• - Di-ive St? 1 U 1994
Ocoee, • - da 3261 •
FOLEY & LARDNER
Subject: Wofford oad
Dear Mayor Ison:
Recent annexations by your city $nd the city of Winter Garden
! reflect annexationlof the greater portions of Wofford Road and
property contigioui thereto. In, accordance with Orange County
+ policy, you are heraby informed that the County will discon-
tinue maintenancef the aforesaid road, between W. B. McGee
Highway (S.R. 30) and Story Road; effective October 31, 198
9.
If there are any questions, please contact me. .
Sincerely, ,
Wiliam J. Masi, P. E.
WJM/MRw/at
.
•
cc: Hal Marston, Orange County Commissioner
Phil Brown, Co • ty Administrator
George W. Cole, P. E`. , Deput,11 Director, Public Works
Division i
William P. Baxter, ?; E. , Manager, Highway Maintenance
Mayor Bob Barber, City of Winter Garden
!
j
.,
Case No. 1-4SE-94: Winter Garden
Seventh Day Adventist Church nd1r
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.
CAWP51TOCSZOCOETFRDDH09.D31 9/'3/941 DEM IE 1 PER:h