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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 fir 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. 2 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 3 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. 4 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 fi 5