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Home My WebLink AboutItem VI (B) Second Reading - Ordinance No. 98-16, L.F. and Mary Ellen Roper Partnership Rezoning, Case No. R-98-04-04 Agenda 8-04-98 Agenda 7-21-98 Item VI B Item VII A 2 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee COMMISSIONERS o , CITY OF OCOEE DANNY HOWELL �` r •• O 150 N.LAKESHORE DRIVE SCOTT ANDERSON C. C OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS CIL +� $ (407)656-2322 NANCY J.PARKER �' CITY MANAGER 4.. OP GOOD ELLIS SHAPIRO STAFF REPORT DATE: July 15, 1998 TO: The Honorable Mayor and City Commission FROM: Abra Home, AICP, Senior Planner THROUGH: Russ Wagner, AICP, Director of Planning t/ SUBJECT: Ordinance Number 98-16: L. F. & Mary Ellen Roper Partnership Rezoning to C-3 (Case#R-98-04-04) ISSUE: Should the Honorable Mayor and City Commission approve Ordinance Number 98-16 rezoning the subject property to C-3, General Commercial District? BACKGROUND: The Roper property is located approximately 1,000 feet west of the intersection of Story Road and Maguire Road. The ±11.9 acre parcel is vacant and has an underlying Commercial designation on the City's Future Land Use Map. Historically, most of the land in this area was owned by the Roper family. In 1973, they requested annexation of about 160 acres. The City approved their requests for annexation and assigned the properties R-3, C-3, and C-4 zoning classifications. Initially, most of the property was zoned R-3 but the properties were gradually sold to Manheim (Florida Auto Auction of Orlando) and rezoned C-3 to accommodate their expansions. Today, the land uses in this quadrant of the City are dominated by the Florida Auto Auction of Orlando and its ancillary businesses. Most of the surrounding City land is zoned C-3, General Commercial District, I-1, Restricted Manufacturing & Warehousing District, and 1-2, General Industrial District. The principal character of the surrounding developed area is high intensity commercial and industrial development. Pending approval of the requested rezoning to C-3, Staff anticipates that the subject property will be developed to accommodate another expansion of the Auto Auction. The Honorable Mayor and City Commission July 15, 1998 Page 2 DISCUSSION: The subject property is not subject to the Ocoee - Orange County Joint Planning Area Agreement since it was annexed into Ocoee prior to February 1994. The applicant has requested an Ocoee zoning classification of C-3, General Commercial District, which would be consistent with the property's future land use designation of Commercial. Three Ocoee zoning classifications (C-1; C-2; and C-3) may be assigned to land with a Commercial future land use designation. Each of the three zoning classifications are theoretically consistent with the Commercial Future Land Use designation. However, the Planning and Zoning Commission and City Commission have the option of choosing the most appropriate zoning classification from these three potential zoning classifications as they deem appropriate for the community and surrounding character of development. Although a wide variety of commercial uses are allowed in the three Ocoee commercial zoning districts, an auto- related commercial business (such as the Auto Auction) is most appropriately located in either a C-3 or I-1 zoning district. Accordingly, the only zoning district that would allow an auto-related business and that is consistent with the property's future land use designation is the requested C-3, General Commercial zoning classification. Additionally, Staff has determined that the requested C-3 zoning classification is consistent with Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) surrounding land uses; and (5) surrounding zoning classifications. More specifically, the request is consistent with the listed goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan. PLANNING AND ZONING COMMISSION RECOMMENDATION: On July 14, 1998, the Planning and Zoning Commission held a de novo public hearing regarding the requested rezoning and, after a brief discussion, the Planning and Zoning Commission voted unanimously to recommend approval of the requested rezoning to C-3, as recommended by Staff. STAFF RECOMMENDATION: The Planning Department respectfully recommends that the Honorable Mayor and City Commission approve Ordinance Number 98-16 to enact the rezoning to C-3, General Commercial District as requested by the L. F. & Mary Ellen Roper Partnership in Case Number R-98-04-04, upon finding that the application is consistent with the Ocoee: (1) Comprehensive Plan; (2) Future Land Use Map; and (3) Land Development Code. Attachments: Ordinance 98-16 Location Map \\Ch129-1\C\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98027.Doc ORDINANCE NO. 98-16 CASE NO. R-98-04-04: L. F. and Mary Ellen Roper Partnership AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-3, MULTIPLE FAMILY DWELLING DISTRICT, TO C-3, GENERAL COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 11.9 ACRES LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF STORY ROAD AND MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee. Florida. as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property to C-3, General Commercial District(the "Rezoning"): and _ WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended(the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS,the Planning and Zoning Commission has held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be "C-3, General Commercial District", as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 11.9 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "R-3, Multiple Family Dwelling District" to "C-3, General Commercial District": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of said land herein described which clearly shows the area of Rezoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section. subsection, sentence, clause. phrase. or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate. distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1998. A F1'iST: APPROVED: CITY OF OCOEE,FLORIDA Jean Grafton. City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED July 23. 1998 READ FIRST TIME July 21, 1998. READ SECOND TIME AND ADOPTED , 1998. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1998. FOLEY& LARDNER By: City Attorney Exhibit A (Ordinance 98-16) SKETCH OF DESCRIPTION DESCRIPTION PARCEL 1-A COWILVCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 19. TOWNSHIP 22 SOUTH. RMMCF 28 EAST. ORANGE COUNTY FLORfO ; RUN THENCE N88'1r2g"E ALONG THE EAST - WEST CENTERLINE OF SAC SECTION 19 A DISTANCE OF 1869.00 FEET: THENCE RUM S00'19 2"E A =VICE OF 30.00 FEET TO A POINT ON THE SOUTH RK IT-OF-MAT' LIME OF STORY ROAD. SAID POINT ALSO MNG THE PONT OF I CANNING,; THENCE RUN NM'1.3'29'£ ALONG SMO SOUTH RIGHT-or-NKr UNE A DISTANCE OF 7053.10 FEET: TH elm RUN SOT 43.2TE A DISTANCE OF 492.41 FEET: NONCE RUN $d8'13'29°W A DISTANCE OF 1056.55 FEET: THENCE RUN NO0'19'22"'W A DISTANCE OF 492.49 FEET TO THE POINT Of CONTAINS 77.9220 ACRES OR 519324 SWART FEET MORE OR CESS. Exhibit B (Ordinance 98-16) L. F. & Mary Ellen Roper Partnership Rezoning Case Number R-98-04-04 Request to Change Zoning from R-3 to C-3 ----, ---- , i: - - t -Enterptiseanr _ _°—Captrater— _ , _ — 02 -- -- a — ---- .• — _ � _ - - ---------- Rgted --.:-. - II __3 / � Rs_ / n - _ li 4j111 . . . \it 3 td c-� • ii.\ — — a s____: -----:..::---._ -' _ - - -- / =victims cr--- � .. wneral Loewve.n M. 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Y _�_moi. 7 -.» ........... _ • • 1-10 The Orlando Sentinel.Thursday.Ju.v 23.1998 OR6 ORI OR3 CITY OF OCOEE CORRECTED NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED REZONING ORDINANCE NO.98-18 CASE NO.R-98-04-04: LF.and Mary Ellen Roper Partnership Rezoning NOTICE IS HEREBY GIVEN pursuant to Section 188.041, Flonda Statutes, and Sections 1.10 and 5-9,Ocoee Land Development Code. that on August 4,1998 at 7:15 p.m.or as soon thereaf- ter as practical the OCOEE CITY COM- MISSION will hold a PUBLIC HEARING at the City Commission Chambers,150 North Lakeshore Drive.Ocoee.Florida. to consider on the second of two read- ings the adoption of the following Ordi- nance. ORDINANCE OF THE CITY OF OCOEE. FLORIDA, CHANG- ING THE ZONING CLASSIFICA- TION FROM R-3,MULTIPLE FAM- ILY DWELLING DISTRICT.TO C- 3,GENERAL COMMERCIAL DIS- TRICT. ON CERTAIN REAL PROPERTY CONTAINING AP- PROXIMATELY 11.9 ACRES LO- CATED ON THE SOUTHWEST CORNER OF THE INTERSEC- TION OF STORY ROAD AND MA- GUIRE ROAD PURSUANT TO THE APPUCATION SUBMITTED BY THE PROPERTY OWNERS: FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN: PRO • - VIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP:REPEALING INCONSISTENT ORDINANCES: PROVIDING FOR SEVERABILITY • PROVIDING FOR AN EFFEC- TIVE DATE The City Commission may continue the public hearing to other dates and times as they deem necessary.Any in- terested parry snarl be advised that the dates,times and places of any continu- ation of this or continued public hear- ings shall be announced during the • hearing and that no further notices re- garding these matters will be published. Interested parties may appear at the meeting and be heard regarding the proposed rezoning Ordinance.A copy of the Proposed Ordinance may be in- spected at the Planning Department, 150 North Lakeshore Drive, between the hours of 8:00 a.m.and 5:00 p.m. Monday through Friday, except legal holidays.Any person who desires to appeal any decision made during the public nearing may need a record of the proceeding and for this purpose will need to ensure that a verbatim record of the proceedings is made which in- cludes the testimony and evidence up- on o-on which the appeal is based.Persons with disabilities needing assistance to participate in any of the proceedings I should contact the City Clerk's Office 48 hours in advance of the meeting at (407)6562322. • JEAN GRAFTON CITY CLERK 0LS2226812 JULY 23.1998 ;