V (A) Celebration Baptisit Church - Special Exception Case 1-6SE-96 AGENDA 3-1S-97
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item V A
Ocoee S.SCOTT VANDERGRI T
COMMISSIONERS
sir?,
CITY OF OCOEE ;°HESONRO
v SCOTT A.GLASS
150 N. LAKESHORE DRIVE.
rf �V
OCOEE,FLORIDA 33261-2258 GLEASON
Cis ``,` (4�21656-�22 CRY MANAGER
Of G000 STAFF REPORT EI.I.IS SI IAPIRO
DATE: March 13, 1997
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, Director of Planning o/
SUBJ. Celebration Baptist Church Special Exception Application
Case No. 1-6SE-96: CBC
ISSUE:
Should the Mayor and City Commission approve a Special Exception for the Celebration Baptist Church?
BACKGROUND:
Celebration Baptist Church has requested permission to conduct church services for a congregation of
40-50 persons at the former Nautilus Center in the Orange Tree Plaza until a permanent location is found.
The Ocoee Land Development Code(LDC) permits churches within the C-2 zoning district upon approval
of a Special Exception. Proposed uses of the facility would include church services Wednesday evenings
• and Sunday mornings and weekday pastoral office facilities. Based upon such a limited use during off-
peak hours, existing parking facilities at the Plaza should be adequate to accommodate the proposed use.
DISCUSSION:
The requested use substantially meets the criteria set forth in Section 4-8, Ocoee Land Development
Code (LDC) pertaining to Special Exceptions. However, Section 38-5, Ocoee Code of Ordinances,
pertaining to locational requirements for establishments serving alcoholic beverages (attached) needs to
be considered when reviewing this Special Exception since approximately five establishments serving
alcoholic beverages are already operating within 1,000 feet of the subject property. The City Attorney has
determined that the proposed use will not affect these establishments. Conversely, the proposed use
could be considered an "established church" and provide a basis for denying any future alcoholic
beverage permits for nearby properties. Section 4-8 states in part that : "Approval of a special exception
application shall be granted by the City Commission only upon finding that: (2)The proposed uses and structures would be
compatible with the uses,structures and activities on adjacent and nearby lands;and(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:(e)The use or structure would not prevent an adjoining landowner from
the legal use of his property pursuant to this Code" Although the proposed Special Exception could prevent a
nearby property owner from opening a new establishment serving alcoholic beverages, staff believes that
a temporary Special Exception granted for the proposed use would mitigate this concern.
en
The Honorable Mayor and City Commissioners
March 12, 1997
Page 2
Staff has proposed the following Conditions of Approval to ensure that the proposed facility is temporary
in nature and mitigates impacts to surrounding properties:
1) This Special Exception is for the benefit of the Celebration Baptist Church and the rights
granted hereunder do not run with the land. In the event the Celebration Baptist Church
ceases to use the subject property, then this Special Exception shall automatically terminate.
2) The Special Exception is temporary and shall expire twelve months from the date of approval
by the City Commission. Upon issuance of the building permit, the owner or its agent shall
diligently proceed in good faith to complete construction in accordance with the terms thereof.
Failure of the owner or its agent to proceed as aforesaid shall provide a basis for revocation
of the Special Exception by the City Commission.
3) Approval of this Special Exception does not authorize commencement of development. Prior
to issuance of a building permit, it will be necessary to obtain site plan approval pursuant to the
provisions of Article IV of the Ocoee Land Development Code. Further, compliance with all
other applicable provisions of the Ocoee Land Development Code shall be required.
4) Should the uses permitted by this Special Exception be terminated or substantially modified
or expanded in a manner inconsistent with the Conditions of Approval for the Special
Exception, then said Special Exception may be revoked by the City Commission at its sole
discretion.
5) The approval is subject to issuance of a Final Certificate of Concurrency prior to the issuance
of a building permit or an occupational license for the proposed use.
6) The number of patrons to be permitted within the Celebration Baptist Church shall be limited
to that permitted by the Ocoee Building and Fire Safety Codes.
7) The Celebration Baptist Church shall be limited to operating between the hours of 7:00 a.m.
and 10:00 p.m., seven days a week.
8) The applicant shall make a good faith effort to obtain a Certificate of Occupancy for the
proposed use within six months of issuance of the building permit.
9) All buildings shall conform to Florida Uniform Fire Safely Codes and Standards and the
Standard Building Code, and the main building shall be protected by an automatic sprinkler
system if required by the Ocoee Fire Department.
DEVELOPMENT REVIEW COMMITTEE MEETING:
On January 24, 1997, the Development Review Committee discussed the Celebration Church Special
Exception and recommended approval per staffs recommendation with the additional condition that the
notice of public hearing be mailed to property owners within a 1,000 foot radius rather than 300 feet as
required by the Land Development Code.
The Honorable Mayor and City Commissioners
March 12, 1997
Page 3
PLANNING AND ZONING COMMISSION MEETING:
On March 11, 1997, the Planning and Zoning Commission reviewed the Special Exception Application
in detail and asked numerous questions regarding the proposed use of the facility. Based upon this
review,the Planning and Zoning Commission voted unanimously to recommend approval of the project
in accordance with the Staff recommendation.
STAFF RECOMMENDATION:
Based upon the actions of the Development Review Committee and the Planning and Zoning
Commission, Staff respectfully recommends that the Honorable Mayor and City Commissioners approve
the Special Exception Application of the Celebration Baptist Church to operate a church at the Nautilus
Center within the Orange Tree Plaza in accordance with the forgoing Conditions of Approval.
Attachments: Section 38-5 Ocoee Code of Ordinances
Application
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Legend: Case Number: 1-6SE-96
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SUBJECT OCOEE ORANGE
PROPERTY CITY COUNTY North
LIMITS
C.'AHPCFILF'LCCATMAP'CLEBRCH.W PG
§ 38-5 ALCOHOLIC BEVERAGES § 38-6
§ 38-5. Locational requirements.
Any place of business in which alcoholic beverages or intoxicating beverages
are sold or furnished at retail to the public by the glass or drink within the city
shall open directly and immediately upon the street, and no such place of
business shall be less than one thousand (1.000) feet from an established
church or school. which distance shall be measured by following the shortest
route of ordinary pedestrian travel along the public thoroughfare from the main
entrance of said place of business to the main entrance of the church and. in
the case of a school, to the nearest point of the school grounds In use as part
of the school facilities?
§ 38-6. Hours. [Amended 12-20-1988 by Ord No. 88-69; 7-5-1989 by Ord. No.
89-153]
A Hours of sale and consumption on premises. No alcoholic beverages
shall be sold. consumed or served or permitted to be served or
consumed in any place holding a license from the Ronda Department
of Business Regulation. which license permits the consumption of
aicohoiic beverages on the premises. between the hours of 2:00 a.m.
and 11:00 a.m. each and every day of the week.
B. Hours of sale and consumption off premises. No alcoholic beverages
shall be sold, in any place holding a license from the Florida
Department of Business Regulation, which license permits the package
sale of alcoholic beverages for consumption off the premises. between
the hours of 2:00 a.m. and 8:00 a.m.
C. Adcitional requirements.
(1) Within the meaning of this section, a sale shall be regarded as
being made if the alcoholic beverage is delivered to any person
during prohibited 'hours regardless cf whether payment therefor Es
made at some time. If any such licensed vendor is a corporation.
Z Editor's Nags Original Sec.3-3.Sale.ao-to mires what icemat aaNfollowed this section,was deleted at titre of
atlRmi at Ca see at 1, Goal Provisions M. l
3 Editor's dims Tbs ordinance also provided as follows This =Inns stag be deemed w be atmNaoe and in
atlieon to any other ara.law or ordnance regulating hags at sale at alcoholic Peccaries This ordinance srma:Ees and
repeals any misting hours of sale at almld'c he'.erages ordnance.This ordnance shell be literally mrsmted in order to
effectively cony out the purposes of this ordnance in protecting the mares of the health. safety and velfae d the
amens of the dry d Omen Ronda"
3803
ADAMS ►1 ,5?RigatN
HILL
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G BRUADAMSG.EGGCE HILL
LEIS '� MAR 0 3 1997
GREGOG.
YR REIS
JANET ."�
JANET W ADAMS
MLAS HALL r�DA IS CITY OF OCOEE
THOMAS E.L$C ScH HIEFFE LLY
MATTHEW P.RARTOLOMEI HALL
CHRISTOPHER E.BUTLER
DAvID 0 DOYLE,M
WILLIAM w.LARGE IA
c(� T TAT T Sq�
M'ILLIAM N.OLYEY Sy HIEl'1 EL T-Y I47 EAST CONCORD STREET
1 ORLANDO,FLORIDA 37R0a54S6
JEANIE S.BYBEE.CLA
PAMELA a COHN,R.N. ATTORNEYS ATL.AW TELEPHONE tmn e96425
DAWN GOLDENBERG.R N. FAX (,W)B96923M1
February 26, 1997 •.
Mr. Russ Wagner, Director
City of Ocoee Planning Dept.
150 N. Lakeshore Drive
Ocoee, Florida 34761
Re: Corporate Merger of Celebration Baptist
Church of Ocoee. Inc.
Dear Mr. Wagner:
By way of introduction, I represent Celebration Baptist Church
of Ocoee, Inc. , which has a special exception application pending
before your department. In that light, I have been asked by my
client to write you in an effort to explain its recent corporate
merger with Lakeville Road Baptist Church, Inc. of Orlando,
Florida.
Celebration Baptist Church of Ocoee, Inc. (hereinafter
"Celebration" ) was formed on October 4, 1996 with the intent of
beginning a Baptist church ministry in the Ocoee, Florida area.
Subsequent to its corporate formation, the directors of Celebration
began to consider a merger with the existing ministry of Lakeville
Road Baptist Church, Inc. of Orlando, Florida (hereinafter
"Lakeville") . On December 22, 1996 , the directors and members of
both Celebration and Lakeville approved the merger by way of
official votes by each corporation.
Following the merger vote, the appropriate corporate merger
documents were filed with the Department of State, Division of
Corporations. These documents are currently pending with the
Department of State, and notification of the official filing by the
Department is anticipated in the next few weeks.
Pursuant to the Articles of Merger filed with the Department
of State, once official filing is accomplished the corporate entity
of Celebration will cease to exist. Instead, Celebration will be
merged into Lakeville, the surviving corporation of the merger. As
a result of this merger, Lakeville acquires all existing rights and
Mr. Russ Wagner, Director
City of Ocoee Planning Dept.
Page 2
obligations of Celebration, including the application pending
before your department.
Accordingly, all matters pending before your department in the
name of Celebration, just as with all of Celebration's other
existing rights, privileges, assets, etc, are automatically vested
in Lakeville without further action.
The legal basis for the vesting of Celebration's rights and
privileges in Lakeville as outlined above, is contained at Chapter
617, Florida Statutes (1995) . I would be happy to provide you with
copies of the relevant statutory provisions should you believe that
it would be helpful .
I trust that the foregoing adequately explains the background
and legal significance of the corporate merger between Celebration
and Lakeville. Please do not hesitate to contact me should you
have any questions or comments regarding this matter.
Sincerely,
Dsv1d O.. Dole�'D �
Jr. , Esq.
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THIS SPACE POS {;�f_. '� PROJECT NO. I -67SE-91p: eaie(>ti.
CI Y USE ONLY FEE kaiU)atQ en{51 -1-
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IC'.4Sgt.,-, DATE PAID —
CITY V{7 CCUEE RECEIPT NO. —
Cz.l r �,, Ova.- 1 Y�
CITY OF OCOEE
APPLICATION FOR SPECIAL EXCEPTION
(PLEASE TYPE OR PRINT ALL INFORMATION)
SPECIAL EXCEPTION S 750.00
(This application is only for those spacial exceptions which are consistent with the City of
Cccee's Comprehensive Plan. All others must submit Comprehensive Plan Amendment
applications.)
1. APPUCANTS NAME: `(rn o:—p-✓ E. ( c. re+r- Pat reek e nod 5av%7T7 tAryuRGA
APPLICANT'S ADDRESS: /5-75 /{'I *6id/2E /20 S44/7"&
De E P-L 7 6 /
TELEPHONE NUMBER: Va 7 Z 9 — 6 '7 G.
OWNER CF RECORD: ) `i k L-Kr? 4 r
OWNERS ADDRESS: 2 3 0 7 S HE4. .V K. //R rr,/ ,207
C7/4 ,cam .9 3 7=3'0f
(If more than one owner, please anac:: additional sheets)
NOTE: A separate application fee is collected for each action sought and for non-contiguous parcels cr for
parcels held under separate ownership. Upon request, payment of the above fee entitles the
acpiicant to a copy cf the City of Cccee's Land Deveicpment Regulations.
3. PROPERTY LOCATION:
A. DIRECTIONS TO PROPERTY:: 'f00 / CovTfd aF h"'y 50
nn/ AtfC ' , e 1td ()Cc' err F“4 /C, a/
k-,l r N 7 4; r 4/e
E. LEGAL DESCRIPTION: ALL APPLICATIONS MUST PROVIDE THREE (3) EXECUTED,
CERTIFIED AND SEALED BOUNDARY SURVEYS FOR THE SUBJECT PARCEL WHICH
SHALL INCLUDE A METES-AND-BOUNDS LEGAL DESCRIPTION. ATTACH SURVEY WITH
FORM-19 1
Application for Special Exception
FULL LEGAL DESCRIPTION AS EXHIBIT. SPECIFY BELOW: SEECTION-TOWNSHIP-
RANGESUEDIVISION-LOT-AND-BLOCK, AS APPLICABLE
3C - .2- 1 - Z9 - 1-2_43 -nao/o
Pr✓(- t REc' P'- 9z4 Pt-9i d e.E /,Q Pe9-011/9"
C. PROPERTY TAX ID. NO(S):
4. BRIEFLY SPECIFY THE DEVELOPMENT HISTORY AND OWNERSHIP OF THE SUBJECT
PARCEL(S) SINCE JANUARY 1, 1985, INCLUDING YEAR LOT WAS CREATED, PRESENT ZONING,
YEAR ANNEXED, AND PREVIOUSLY SUBMITTED DEVELOPMENT APPLICATIONS, ETC.:
7 Y ' Fr'9/� p ,rro✓
/9,Y' cup idea/ A=rea9, To 3 Lc,i
G - 1
�An-Fxeo iaef
5. PROPOSED USE OF THE SUBJECT PARCEL IF THE PRESENT APPUCATICN(S) IS/ARE
GRANTED?
R� a 4a
_ -z � � e �ti--ate � ti� �s•
975 /b Gu , Rc .2.! riN, r
„ 2,. ocore. Fc ;5' 96I
6. SPECIFY ZONING OR PARCELS IMMEDIATELY ADJACENT 70 THE SUBJECT PARCEL
A. NCRT-1: G
B. SC UT;H: P S
C. EAST: C-
'y
❑. WEST: c- Z.
7. NUMBER CF EXISTING BUILDINGS AND EXISTING LAND USE CF THE SUBJECT PARCEL
/ Lo ;,. ..i P2 C, a ,Q EA r &'
8. SPECIAL EXCEPTION APPUCATIONS ARE REFERRED TO THE BOARD OF ADJUSTMENT FOR
A PUBUC HEARING, STUDY, AND RECOMMENDATION, AND ARE THEN FORWARDED TO THE
CITY COMMISSION FOR FINAL ACTION.
9. BRIEFLY ADDRESS THE FOLLOWING:
A. THE NEED AND JUS T IFICATICN FOR THE .REQUESTED ACTION:
, o flcsn c du.< c L' SE Rv CFS
FORM-19 2
Applicatlan for Special Exception
10. HOW WILL THE FOLLOWING ESSENTIAL SERVICES BE PROVIDED?
A. POTABLE WATER: G i y "- Oc c•6 t
• B. WASTEWATER TREATMENT: C ' ' y c' O c o Er
C. STORMWATER MANAGEMENT: c- n T R N F n -AA, /',i°t -Y
D. RECREATION: /1.7
E SCHOOLS AND PROJECTED NUMBER CF SCHOOL AGE CHILDREN' /VI)
F. MAIN HIGHWAY ACCESS (A traffic study may be required):
G. FIRE PROTECTION (NOTE: Fire now data will be required before final plattinc):
` y O C C-
I 1. SUBMIT A PRELIMINARY SITE PLAN ILLUSTRATING THE FOLLOWING:
A. PROJECT NAME.
B. NAME,ADDRESS,AND TELEPHONE NUMBER OF THE APPLICANT,OWNER, ENGINEER,
AND SURVEYOR.
C. SUBMITTAL AND REVISION DATES.
D. PROMINENT NORTH ARROW.
E. SCALE AT NOT LESS THAN 1' = 100•
F. A'SEALED-BOUNDARY SURVEY,INCLUDING A LEGAL DESCRIPTION,TOTALACREAGE,
AND SHOWING UNEAR DIMENSIONS AND SURVEY HEADINGS.
G. EXISTING AND PROPOSED ZONING OF SUBJECT PROPERTY AND ADJOINING
PARCELS.
H. LOCATION MAP WHICH CLEARLY SHOWS THE SUBJECT PARCEL WITH RESPECT TO
ECSTING ROADS AND LANDMARKS.
I. LOCATION, NAME, RIGHT-OF-WAY WIDTHS, AND PAVEMENT WIDTH OF EXISTING
STREETS AND PROPOSED INGRESS AND EGRESS POINTS.
FORM-19 3
Aopiic:ticr for Special Exception
J. E(ISTING TOPOGRAPHY AT ONE (1) FOOT CONTOUR INTERVALS BASED ON THE
ORANGE COUNTY DATUM, IDENTIFY AT LEAST TWO (2) BENCH MARKS.
K. VEGETATION TYPES, WOODED AREAS, AND LIKELY CONSERVATION ZONES.
L LIMITS OF 100-YEAR FEDERAL FLOOD PLAIN AND NORMAL HIGH WATER ELEVATIONS
CF ALL LAKES AND WETLANDS.
M. IDENTIFY SOIL TYPES USING THE U.S. SOIL CONSERVATION SERVICE SYSTEM.
N. ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE BY APPLICANT
TO HELP DETERMINE COMPUANCE WITH THE CITY OF OCOEE'S DEVELOPMENT
CODES. LIST AND ILLUSTRATE ITEMS SO IDENTIFIED:
Oita MEETING 'rime mtr_ ?,E Sunl.w /0-Do A.M . ,) HCR Buz,NFSSFS
IN THE pLALA ACRE CLOSED /iT T4r 77 ME' LEAVING AMPLE
PA&KIN6 (35 SPACES AT TlF REOI1l12C-D I SPACE PER '4 PEOPLE .
we MA r4AVE SMMt_ M€ETIA16S C IK- IS PECPL= r_fl WED 7P.m._Sur1/4i7P.M
TfIERE is STUI.L hn'Pt.F P.A2KI N6 datio/Vc. 5 NA2tP Y;t/LKiNS W/ Iscrprcen Cn2DF6R(y.
12. APFUCANT SHALL SUBMIT A LIST OF THE OWNERS' NAMES AND MAILING ADDRESSES FOP
ALL PROPERTY LYING WITHIN THREE HUNDRED (3001 FEET CF THE PERIMETER CF THE
SUBJECT PROPERTY, PER THE LATEST ORANGE COUNTY PROPERTY APPRAISERS AD
VALOREM TAX ROLL FAILURE TO IDENTIFY ALL ADJACENT PROPERTY OWNERS MAY CAUSE
THE SUBMITTED APPLICATION TO BE DENIED.
See 4 T*crtC : .
FORM-19 4
Application for Special Exception
CITY OF OCOEE, FLORIDA
OWNER'S AFFIDAVIT
• STATE OF t c it , n,A
COUNTY OF = 02 S, GC-
n,arrr .q .�. ,D71<e,71c r
Before me, the undersigned personally appeared /7/k Cr?799E /ld& who being first
duly sworn on oath, depose(s) and say(s):
1. That they/she/he are/is the fee-simple owner(s) of the property legally described in this
application and that the attached ownership list is made a part of the affidavit and contains the legal
description(s) for the real property, and the names and mailing addresses of all owners having an interest
in said land.
2. That they/she/he desire(s) �� S C/ 9< e/ S i c—nc < 13T7 u,v
C NcrrtcH 't r/NGS Yn 31- HY , ) /CV 4/ C/ 0•2
(specify action sought) for said property.
3. That they/she/he/ have/has appointed 77'u 1 o i ri ` C V a t 7 E,.
(specify himself or agent) to act as agent in their/her/his behalf to accomplish the above.
4. That they/sna/he a`firrc(&, cer if(y)(ies) and will comply with all ordinances, regulations and
provisions of the City Coda of the City of Ocoee, and that all statements and diagrams submitted herewith
are true and accurate to Ma best of their/his/her knowledge and belief and further, that this application and
attachments shall become part of the official records of the City of Ocoee, and are not retumacie.
5. That the accompanying adjacent crapeny owners list ls, to the best of their/her/his knowledge,
a complete and accurate list of the owners names and mailing addresses for all property lying within three
hundred (800) feet at the perimeter or the subiec7 parcel, as renamed on the latest official Orange County
Tax Rolls.
6. That prior to the public hearing, if applicable, signs will be prominently posted on the subject
parcel not less than twelve (12) days before the application will be considered by the Planning and Zoning
Board or the Board of Adjustment, and will remain posted until final determination, after which time the
notices are to be removed and destroyed.
Owners Signature
Sworn to and subscribed before me this�„L day of ,moo...- he 1 , 19 `i c, , by L.a.nn+ 'n\t , who
is personally know to me or who produced v i 'Oa„r-c. :Ll- 36 -Lit$s eentlfication, and who tack an
oath.
I IV J (40U
Notary Public
My commission expires:
.°`r•• ,'Y v naww
# N_1 * rw.Commission
080s°xs
R y.,. EYesaq.m.2000
FORM-19 5 -
Application for Special Exception
Owner�ar
e
Sworn to and subscribed before me thisatrday of kgroom jug , 19 4L by i I q- �-
is personally know to me or who produced .3-62 n2 I k14.64.11btas identifi Lion, and o to k an
oath.
t.�� 1 . tMy�°r4, W MARN a GREEN
Alf L My Commission CC4 f]ut
Notary Public r� * It .1 * E,p4es Nov.04.1998
MA&tAN 8 • VAEEN Bonded by Ne
My commission expires: 11-r>(-qg �32°°n°"' e°°ass-se'e
Owners Signature
Sworn to and subscribed before me this day of , 19 b
is personally know to me or who produced y , n
oath. as identification, and who tookk an
Notary Public
My commission expires:
FORM-19
E
Application for Special Exception
OWNERSHIP LIST
OWNER'S NAME: DY < C R P BP , A/ C
OWNERSHIP INTEREST: OP A ' r r ,yc c p < a z- 14 /na%
MAILJNG ADDRESS: I Y C m a �=) „e
' C oc`_, -L rd 5 ,t.7,6./
LEGAL DESCRIPTION: — 00. c= f0
Pear 8oe, /rr p.2 -- ivy
OWNER'S NAME:
OWNERSHIP INTEREST
MAILING ADDRESS:
LEGAL DESCRIPTION:
FORM-19 7
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