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Home My WebLink AboutVI (A) 2. Public Hearing, Second Reading of Ordinance No. 99-11, Meurett Sign Company - Zoning, Case No. 98-11-14 Agenda 3-02-99 Item VI A 2 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee CONEViISSIONERS CITY OF OCOEE DANNY HOWELL 11:44 SCOTT ANDERSON ► • 150 N.LAKESHORE DRIVE 0- SCOTT' FLORIDA 34761-2258 SCOTT A.GLASS � NANCY J.PARKER (407)656-2322 CITY MANAGER f'P Of G 000•> ELLIS SHAPIRO STAFF REPORT DATE: February 11, 1999 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, AICP, Director of Planning SUBJECT: Meurett Sign Company Rezoning (Case Number AR-98-11-14) ISSUE: Should the Mayor and City Commissioners adopt Ordinance No. 99-11 to rezone the subject property from A-1, Citrus Rural District (Orange County) to 1-2 General Industrial District (Ocoee)? BACKGROUND: The subject property is located approximately 500 feet east of Marshall Farms Road directly south of the Meurett Sign Company building on Maguire Road. The 1.83 acre parcel is vacant except for an abandoned residence. The applicant has indicated that the property will become part of the overall sign company site and be predominately utilized for additional parking if the rezoning is approved. A future expansion of the existing Meurette Sign Company building may also extend partially into this site as well. The site is an enclave surrounded by Ocoee C-3 General Commercial District immediately to the East, West and South with 1-2 General Industrial District zoning to the North. A pattern of high intensity commercial and industrial uses dominate the surrounding area of the community. DISCUSSION: The subject property is designated Commercial on the Ocoee Future Land Use Map and the Joint Planning Area Land Use Map; however, the Orange County Future Land Use Map designates this site as Industrial. The applicant has requested an Ocoee zoning classification of 1-2 General Industrial District which would seemingly be consistent with the Orange County land use designation but not the Ocoee land use designation. The Mayor and City Commissioners February 11, 1999 Page 2 Even though this parcel technically extends across the boundary separating Commercial and Industrial land uses, there are precedents and policies which nevertheless permit the property to be rezoned for industrial uses. In prior instances such as this, (Plantation Grove PUD) the State DCA permitted the City to modify a Commercial land use boundary where a land owner moved a roadway in order to consolidate two separate parcels of property he owned into one, similar to this case. The State considered this to be a de minimus modification to the City Land Use Map. Additionally, it is accepted practice not to split properties under single ownership and use into two different zoning districts. This property is already owned by Meurette Sign Company, and it is an extension of the portion of the site already zoned 1-2 utilized for sign fabrication. Accordingly, rezoning this contiguous parcel to a zoning classification consistence with the parent parcel is legally allowable and follows sound zoning practice. Consultation with Orange County Planning Department staff on this matter has resulted in their concurrence with this analysis thereby precluding the need for any land use amendments in this case. Staff has determined that the requested zoning classification is consistent with Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land development Code; (4) Joint Planning Area (JPA) Agreement with Orange County; (5) surrounding land uses and zoning classifications; and (6) the goals, objectives and policies of the Future Land Use Element of the Comprehensive Plan. PLANNING AND ZONING COMMISSION RECOMMENDATION: At their regular meeting on February 9, 1999, the Planning and Zoning commission held a public hearing to consider the initial zoning of the subject property. After some discussion regarding the relative effect of the higher intensity zoning on surrounding properties, the Planning and Zoning Commission voted unanimously to recommend rezoning of the Meurett Sign Company property to 1-2 General Industrial. Based upon the representation made by the attorney for Meurett Sign Company, the Planning and Zoning Commission requested that the City Commission consider the need to minimize adverse affects to the adjoining recording studio property on Marshall Farms Road by receiving assurances that no trucks would utilize the existing access easement leading to the Meurett site. STAFF RECOMMENDATION: Based upon the proceeding report and the recommendation of the Planning and Zoning Commission, Staff recommends that the Mayor and City Commissioners approve Ordinance No. 99-11 to rezone the Meurett Sign Company property from A-1 Citrus Rural District (Orange County) to 1-2 General Industrial District (Ocoee), and find that the application is consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Use Map; (3) the Ocoee Land Development Code; and (4) the requirements of the JPA Agreement. 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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL DISTRICT, TO OCOEE 1-2, GENERAL INDUSTRIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.83 ACRES LOCATED DIRECTLY SOUTH OF THE EXISTING MEURETT SIGN BUILDING, APPROXIMATELY 500 FEET EAST OF MARSHALL FARMS ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; 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 City Commission of the City of Ocoee, Florida (the "Ocoee City Commission"), has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and 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 to rezone and establish an initial zoning classification for said real property of Ocoee 1-2, General Industrial District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Initial Zoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Initial Zoning 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 Initial Zoning application for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement 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 "Ocoee, 1-2, General Industrial District" as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning of said real property; 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. INITIAL ZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 1.83 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County A-1, Citrus Rural District"to "Ocoee, 1-2, General Industrial District": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. MAP. A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement. SECTION 5. OFFICIAL 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 Initial Zoning amendment 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 6. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR (SEAL) ADVERTISED FEBRUARY 18, 1999 READ FIRST TIME FEBRUARY 16, 1999 READ SECOND TIME AND ADOPTED UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1999. FOLEY& LARDNER By: City Attorney P:AHORNEWLL DATA ANX-REZActiveweurettSignCo\FinaIRZORD99-11.doc City of Ocoee, Florida Meurett Sign Company Annexation and Rezoning to 1-2 --..,.....74,---,.. --,---_--:-----„, t i-"ai,{[j aii 4>gt n 4212 Yam �'? g.. y3r�,? -c'S.- <d MI5 Yds : i� gal0 . 7.:"'-4 msi sr gibe? ' �7'.-.-<i4 , 1,4 • .".Fr eq yuc a 3r l5 f Story Road rti .` ' ;: lam?' r� s r. •-: ra.K'f r a '4 s-n.."D 3�8. 'uQ"=i ` - :-1 ..!,.t•ellii:Z?::;.4-4 .. j'-2:-.Zifvalg,',74:44 i v:em.%s 3<r w i.^.? v�'., s a?,..�, ;;;.54-‘f-1-137*-''' JL3 ?.-'?:-."to,-. s 1 a s n tom_.�.F.4-,,,,,..,,,...,„,,,,„,-.,,,,,„..--.7::- -' r 'a 1 ; 0,-,-.1 p: , :,, , ,.0.-,,.:-,...f-trit•1::•;-; >;,-.2...4.-7.1:.tei :0 -----e;••• .. at LL.J.13_16:/ning to 1-2 • ttr';4. 1TT2Y ctt, 'Us y',� ...C'� '+r'.-.RE 7h.1y-, `.-.'M ,k}t'"-• . fit 'y`t eta :::-..f"..4,-.-.,."1-,` , • / �fi" Q 1/ i . 4` ,. 9 mss.: '+ .s'4. �`� I —_._.. I•.� -gam WV' -ham �' / h ti-›�-'tf ;'W4 -W 3 �a '.'-1'; ` Z. 4 `: - '3' s} ,-4m ?. ,.oat i`�b '+&3..! r7-0-.5.-:.-,-).--,-3.• ,-*,,,,,t -,--,0,-...,ms 's ,�-4 .-- Legend: x Ocoee City Limits Subject Parcels • MI Lakes Scale 1:1000 _ N • L Property Lines file: m:\projects\planning_exclusivelanx98-2.apr EXHIBIT "B" Parcel 'A' From the S/E corner of the N/E 1/4 of the S/E 1/4 of Section 19, Township 22 South, Range 28 East, run South 89 degrees 23' 12" West along the 40 acre line a distance of 917.60 feet to the POINT OF BEGINNING, thence run South 00 degrees 27' 53" West a distance of 168.08 feet, thence run South 40 degrees 19'49"West a distance of 41..91 feet,thence run South 89 degrees 56' 29"West a distance of 373.15 • feet, thence run North 00 degrees 27' 53" East a distance of 200.0 feet, thence run North 89 degrees 56'29"East to the POINT OF BEGINNING. Parcel 'B' • From the S/E corner of the N/E 1/4 of the S/E 1/4 of Section 19, Township 22 South, Range 28 East, run South 89 degrees 23' 12" West along the 40 acre line a distance of 757.25 feet to the POINT OF BEGINNING, thence run South 47 degrees 42'30"West a distance of 216.56 feet, thence run North 00 degrees 03'25"West a distance of 144.01 feet, thence run North 89 degrees 23' 12" East a distance of 160.35 feet to the POINT OF BEGINNING. Exhibit "A" CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION The Orlando Sentinel INITIAL ZONING ORDINANCE CASE NO.AR-98.11-14: MEURETT SIGN CO. Published Daily NOTICE IS HEREBY GIVEN pursuant to 'A** Section 166.041,Florida Statutes,and Sections 1-10 and 5-9,Ocoee Land De- velopment Code, that on Tuesday, March 2,1999 at 7:15 p.m.,or as soon tate of '[oriba thereafter as practical,the Ocoee City Commission will hold a Public Hearing S.S. at the City Commission Chambers,150 COUNTY OF ORANGE North Lakeshore Drive,Ocoee,Florida, to consider on the second of two read- ings the adoption of the following Ordi- nance: Before the undersigned authority personally appeared ARLENE THOMAS AN ORDINANCE OF THE CITY.OF who on oath sot s OCOEE FLORIDA,CHANGING THE Y ZONING CLASSIFICATION FROM that he/she is the Legal Advertising Representative of The Orlando Sentinel, a daily ORANGE COUNTY A-1,CITRUS RU- newspaper published at O RE ANDO in RAL DISTRICT,TO OCOEE 1-2,GEN- ERAL INDUSTRIAL DISTRICT, ON ORANGE County, Florida; CERTAIN REAL PROPERTY CON- TAININGthat the attached copyof advertisement, beinga APPROXIMATELY 1.83 CITY O F OCOEE O E E NOT ACRES LOCATED DIRECTLY SOUTH in the matter of PIA Rai ?a 1 9 9 9 OF THE EXISTING MEURETT SIGN BUILDING, APPROXIMATELY 500 FEET EAST OF MARSHALL FARMS in the ORANGE Court, ROAD PURSUANT TO HE APPLICA- was published in said newspaper in the issue;of TION SUBMITTED BY THE PROPER- D2/].P/99 TY OWNERS; FINDING SUCH ZON- ING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE,AND THE JOINT PLANNING AREA AGREE- MENTPROVIDING FOR AND AU- Affiant further says that the said Orlando Sentinel is a newspaper published at HORIZING THE REVISION OF THE OR ANOQin said OFFICIAL CITY ZONING MAP; RE- QAN GF PEALING INCONSISTENT ORDI- County, Florida, NANCES; PROVIDING FOR SEVER- and that the said newspaper has heretofore been continuous) published in ABILITY; PROVIDING FOR AN said ORANGE y EFFECTIVE DATE. County, Florida, If approved,the requested initial zoning each Week Day and has been entered as second-class mail matter at the post would change the zoning of the 1.83+/ office in O R1 ANDO in said -acre parcel to 1-2,General Industrial Q R A N t- District,as requested by the property County, Florida, owners.The City Commission may con- for a period of one year next preceding the first publication of the attached tine the public hearing to other dates and times as they deem necessary.Any copy of advertisement; and affiant further says that he/she has neither paid interested party shall be advised that con- nor promised any person, firm or cor or.tion anydiscount, rebate, the dates,times,andplacesofanyP tinuetion of this or continued public commission or refund for the purpose of se%wring this a rtisement for hearings shall be announced during the publication in the said newspaper. hearing and that no further notices re- p ,4 / garding these matters will be published. Interested parties may appear at the The foregoing instrument was acknowled• -•..efere me this 18th day of meeting and be heard regarding the proposed Ordinance. A copy Or the FEBRUARY , 19 99, by ARLENE THOMAS case file and proposed Ordinance may be inspected at the Planning Depart- who is personally known to me an did taiCe an th. ment, 150 North Lakeshore Drive,be- y //� ttween the hours of 8:00 a.m.and 5:00 "/X V p.m., Friday,except legal holidays.Any person who desires to appeal any decision made during the (SEAL) • public hearing will need a record of the OW: ELAINE E PARKER proceeding and for this purpose may need to ensure that a verbatim record MY�o�-W2712002 the thproceedings Is made nIp- ,r ' cludes the testimony and evidence up- 11.0) �.CC 778400 on which the appeal is based.Persons with disabilities needing assistance to tllltareoRlibKamm IIdier LD. participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at (407)656-2322. JEAN GRAFTON,CITY CLERK, CITY OF OCOEE OLS2568361 FEB.18,1999