04-12-1994 MINUTES OF THE PLANNING AND ZONING COMMISSION
REGULAR MEETING
HELD TUESDAY, APRIL 12, 1994
CALL TO ORDER
The meeting was called to order by Chairman Switzer at 7:35 p.m., followed by a moment of
silent meditation and the pledge of allegiance.
The determination of a quorum was made.
PRESENT: Chairman Switzer, Vice - Chairman Bond, Members Jones, Miller, Rhodus,
Swickerath, Alternate McKey, Planning Director Wagner, Deputy Clerk King,
and Clerk/Stenographer Lewis.
ABSENT: Members Landefeld and Alternate Draia.
CONSENT AGENDA
The consent agenda consisted of items A, and B. There was one correction to the minutes of
the March 8 meeting: Chairman Switzer corrected he was Chairman, and not Acting Chairman
any longer, under Call To Order, "Present: Chairman Switzer..."
% or A. Acceptance and Approval of Minutes of Regular Planning and Zoning Commission
Meeting of March 8, 1994.
B. Shoal Creek, Phases I & II, Final Subdivision Plans, Project No. 93 -007
Chairman Switzer, seconded by Member Jones, moved to ap . rove and acce . t the consent
agenda as presented, subject to the correction in item A. Motion carried 5 -0.
NEW BUSINESS
REZONING PETITION, CASE NO. 1 -1R -94 (Public Hearing)
OCOEE GLAD TIDINGS ASSEMBLY OF GOD
Planning Director Wagner said the Ocoee Glad Tidings Assembly of God Church was
requesting a companion action on a rezoning and special exception for 3.4 acre parcel situated
at 1701 Adair Street from R -1A, Single Family Dwelling District to R -2, One - Family and Two -
Family Dwelling District. The Church wants to operate a child care center and the current City
Code will not permit special exception in the current zone that the Church is in. The reason for
the rezoning is to get the Church into a district for the special exception of the child care
facility. There is not a lot of R -2 zoning in the community. In this particular case the
underlying land use of the church is for public facilities and institutions. This type of land use
classification permits residential uses when it is compatible with the surrounding residential area
and there are no negative impacts. Mr. Wagner said with that in mind the zoning would be an
appropriate use of the property, especially for a church facility. The church already operates
Planning and Zoning Commission Regular Meeting
April 12, 1994
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under a special exception that is also a requirement in an R -2 zone. The church is a special
exception in both, the current zone and the proposed R -2 zone. The change in classification
would be justified.
The public hearing was opened.
Chairman Switzer read in to the minutes a letter of opposition to the rezoning change from Ms.
Daphne Bernadine, 1706 Adair Street.
Mr. Dennis Stockley, 1802 Adair Street, expressed concern over increased traffic that would
result from a day care center. The new golf course had already added to the traffic burden.
He wanted the area to remain a quiet community. Mr. Stockley asked for clarification on the
type of classification and if the rezoning to R -2 would eventually spread to property on the other
sides of the church. Member Bond said the rezoning would spill over to the other property.
Ms. Shelia Stockley, 1802 Adair Street, said the day care center would increase noise and
traffic. She opposed the rezoning and the opening of the center.
Rev. Dillard Burgess, Pastor of the Ocoee Glad Tidings Assembly of God Church, explained
the facility will be opened to only 35 children. There will be only a slight increase in traffic
r which will occur at different times of the day. A fence should minimize the noise caused by the
children. The school will be open to the public from 6:00 a.m. to 6:00 p.m. Member
Swickerath asked if there was an urgency to opening the center. Rev. Burgess said none that
could not be altered.
The public hearing was closed.
Member Rhodus asked if the opening of the day care center was contingent upon the rezoning.
Planning Director Wagner said there were minor code corrections that the facility needed. The
maximum enrollment of 35 children was based upon the square footage. The church has quite
an investment in the building. Member Swickerath said the Land Use Plan as described in the
Comprehensive Plan permits the special exception. It would be better to amend the
Development Code to read what land use permits this kind of use and if it can be a special
exception in any district.
Member Bond, seconded by Member Swickerath, moved to deny the recommendation that the
Board of Cit Commissioners a s . rove rezonin. the 3.4 acre . arcel owned b the Ocoee Glad
Tidin. s Assembl of God situated at 1701 Adair Street from R -1A, Sin. le Family Dwelling
District to R -2, One - Family and Two - Family Dwelling District. Motion carried 4 -2.
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Planning and Zoning Commission Regular Meeting
April 12, 1994
Now
Member Swickerath, seconded by Member Rhodus, moved that the City Commission be
re s uested to ask the Director of Plannin . to reconstruct the Land Develo s ment Code so that land
uses identified in the Comprehensive Land Use Element can be permitted either as a permitted
use or an exce , tional use in eve district the fall C 1 Al R3 R2 R1 . If the . ro • osal of
the community is to have institutional, recreational, as example, in this geographic area, those
uses would be permitted either as a permitted use or as an exception in every district. Motion
carried 6 -0.
SPECIAL EXCEPTION APPLICATION, CASE NO. 1- 2SE -94 (Public Hearing)
OCOEE GLAD TIDINGS ASSEMBLY OF GOD
Planning Director Wagner informed the Board that the Special Exception required a public
hearing before the Planning and Zoning Commission and the City Commission. The P &Z
Commission was to recommend to the City Commission by a vote. Since there are two
applications submitted one for a rezoning and the other for a special exception, it is appropriate
for the P &Z Commission to act separately on each case. If the rezoning was not to pass then
the special exception would not pass.
The Special Exception is for a day care center in a R -2, One - Family and Two - Family Zoning
District. The Ocoee Glad Tidings Assembly of God intends to operate a public child care center
°rr► at its existing facility on Adair Street. The Ocoee Land Development Code only permits such
uses by Special Exception within R -2, R -3, C -1, C -3, and I -1 zoning districts. This tract is
currently zoned R -1A, Single Family Dwelling district; however, the accompanying rezoning
petition (Case No. 1- 1R -94) if approved, will permit this Special Exception to be considered in
a manner consistent with the Comprehensive Plan.
The church facility was built approximately eight years ago. In addition to the sanctuary, there
are four classroom areas, a kitchen and restrooms which normally are utilized for Sunday School
classes. The church wishes to utilize these facilities for a child care center during the weekdays
to help support their ministry and provide a needed community service.
Member Swickerath questioned Planning Director Wagner if the property should be rezoned
or the Land Development Code changed. Director Wagner stated that the Code has it listed as
a special exception in only six of the zoning districts, R2, R3, C1, C2, C3, and I1, presently.
It is set up for this type of use. The facilities have been inspected and only minor corrections
are needed to meet the Code. People are already traveling Adair Street from their homes on
their way to work or shopping. It is an appropriate location. The exception would not generate
traffic but would only be a stopping off point for people on their way to another destination to
drop off their children. The application has been reviewed by the Development Review
Committee and is in agreement with the Staff Report to recommend the special exception to
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Planning and Zoning Commission Regular Meeting
April 12, 1994
operate the child care facility based on the six criteria, as follows:
1) That all required fire code safety items be installed prior to issuance of an Occupational
License for the child care center.
2) That the total number of children utilizing the facility be limited to a maximum of 35
individuals.
3) That a Final Certificate of Concurrency be secured prior to issuance of an Occupational
License.
4) That the child care center be operated by the church and not a private organization.
5) That the child care center be licensed to meet appropriate state requirements.
6) That the proposed outside play area be located toward the north end of the building and
that a well maintained 6' wooden fence be installed on the south side to screen the area
from adjoining residences.
The public hearing was opened and no one wished to speak. The public hearing was closed.
Member Miller, seconded by Member Swickerath, moved to recommend that the Board of
City Commissioners approve that the Ocoee Glad Tidings Assembly of God Application for a
SO ecial Exce • tion to o I erate a Child Care Facilit in an R -2 One -Famil and Two - Famil
Dwellin . District or as ma be 'emitted within the existin . zonin . classification and be found
Itor to be consistent with the Comprehensive Plan and recommended for approval subject to the six
conditions as stated above. Motion carried 6 -0.
OLD BUSINESS
None
OTHER BUSINESS
None
COMMENTS
Planning Director Wagner said there will be a special meeting on Thursday, April 14, on the
Lake Lotta Mall, Lake Lotta Center, and the State Statutory Requirements. This will be a
strictly informational meeting and no action will be taken. The developers will be in attendance
and it will be very informative.
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Planning and Zoning Commission Regular Meeting
April 12, 1994
ADJOURNMENT
The meeting adjourned at 8:43 p.m.
O
• ROLD S ITZE' , Chai '
e
ELLEN KING, Deputy Clem
J
J IE LEW l !L erk/Stenographer
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