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Home My WebLink AboutVII (A) 1. First Reading of Ordinance No. 98-15, Manheim Remarketing Limited Partnership Rezoning, Case No. R-98-04-03 Agenda 7-21-98 Item VII A 1 "CENTER OF GOOD LII7NG- PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee O\ �, � COMMISSIONERS , , o CITY OF OCOEE DANNY HOWELL -.i 150 N. LAKESHORE DRIVE SCOTT ANDERSON p OCOEE. FLORIDA 34761-2258 SCOTT A.GLASS NANCY J. PARKER (407)656-2322 CITY MANAGER OF Goo,. ELLIS SHAPIRO STAFF REPORT DATE: July 15, 1998 TO: The Honorable Mayor and City Commission FROM: Abra Home, AICP, Senior Planner`G THROUGH: Russ Wagner, AICP, Director of Planning PrZ SUBJECT: Ordinance #98-15: Manheim Remarketing Limited Partnership Rezoning to C-3 (Case#R-98-04-03) ISSUE: Should the Honorable Mayor and City Commission approve Ordinance Number 98-15 rezoning the subject property to C-3, General Commercial District? BACKGROUND: The Manheim property is located just east of the Orange County Administrative Annex approximately 1,870 feet west of the intersection of Story Road and Maguire Road. The ±3.85 acre parcel is vacant and currently zoned R-3, Multiple Family Dwelling District. The subject property 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 Auto Auction 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. 0K- ��J 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 City Commission has 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 1-1 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 to C-3, General Commercial District. The Planning and Zoning Commission asked questions about landscaping, buffering, traffic circulation, and access issues. Mr. Ardaman, the applicant, stated that he was not familiar with the site plan issues but that he understood that the Auto Auction would have to apply for site plan approval prior to using the property. Additionally, he said that Florida Auto Auction representatives had met with City Staff and FDOT Staff to discuss these issues. Mr. Ardaman stated that the Florida Auto Auction would be preparing a Master Site Plan to address the concerns outlined by the Planning and Zoning Commission Members. Staff confirmed that the Auto Auction would need a site plan approval for the subject property. In response to the traffic safety and access concerns, Staff referred to the State Road 50 Access Management and Intersection Operations Study and the interim report on the Master Transportation Plan. Based upon the above discussions, the Planning and Zoning Commission voted unanimously to recommend approval of the requested rezoning to C-3, as recommended by Staff. The Honorable Mayor and City Commission July 15, 1998 Page 3 STAFF RECOMMENDATION: The Planning Department respectfully recommends that the Honorable Mayor and City Commission approve Ordinance Number 98-15 to enact the rezoning to C-3, General Commercial District as requested by the Manheim Remarketing Limited Partnership in Case Number R-98-04-03, 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 98-15 Location Map \\Ch129-1\c\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98026.doc ORDINANCE NO. 98-15 CASE NO. R-98-04-03: Manheim Remarketing Limited Partnership AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONL tG CLASSIFICATION FROM R-3, MULTIPLE FAMILY DWELLING DISTRICT, TO C-3, GENERAL COMMERCIAL. DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.35 ACRES LOCATED APPROXIMATELY 1,370 FEET WEST 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 '1'HI REVISION OF 1'HE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EF'F'ECTIVE 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 791-28, 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 COM11'ISSION 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 3.85 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. ZONLNG 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 or ordinances in conflict herewith are hereby repealed and rescinded. SECTION t�. 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 . I998. ATTEST: APPROVED: • CITY OF OCOEE, FLORIDA Jean Gratton, City Clerk S. Scott Vandererift, Mayor (SEAL) ADVERTISED July 16. 1998 READ FIRST TIME July 21. 1998. READ SECOND TIME.AND ADOPTED 1998. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY I'H>N: CITY OF OCOEE,FLORIDA, APPROVED AS TO FORM AND LEGALITY this day of . 1998. FOLEY & L.-.RDIVER Bv: City Attorney Exhibit A (Ordinance 98-1.5) PARCEL B. Commence at the Northwest corner of the Southwest 1/4 of Section 19, Township 22 South, Range 28 East, Orange County, Florida; run thence N88'13 2.9"E along the East — West centerline of said Section 19 a distance of 1869.00 feet; thence 50079'22E a distance of 30.00 feet to a point on the South right—of—way line of Story Road, said point also being the Point of Beginning; thence continue S00'19'22T a distance of 492.49 feet: thence S88'13'29-W a distance of 340.98 feet to a point an the East line of the West 223 feet of the Northeast 1/4 of the Southwest 1/4 of said Section 19; thence N00'19'22"W along said East line a distance of 492.49 feet to a point on said South right—of—way line; thence N88'13'29"E along said South right—of—way line a distance of J40.97 feet to the Point of Beginning. Contains 3.5539 acres or 167,974 square feet more or less. Exhibit B (Ordinance 98-15) I Manheim Remarketing Limited Partnership RezoningCase Number R-98-04-0- , ., Request to Change Zoning from R-3 to C-3 I 1L1 _ 11: -3 —i --T--_ _ Ze�uestc StoTy�2> .� .- _ I T ! Re:ornna I 1 i 4 L. __from+c-3 a I 11 ; ° y y I -r i. -- ----- — �_ -- - - - / �a I I t t‘t N\ / I C..«.,tape,..... `.` 'rut ,_ Legend: _ \ �Aan!>errn rZemancenng Lana Partners=r? _ �1"3 r. �_ �\ AN V its�= �' -rnoosea 4Yestem Emmy Alignment : '� J ••♦ �...: . =coee-Orange�.,:unry„curt Pann, • ng Area Agreement r.� •^,' —.� l.-^ Cad / N., -::y Limns Parcel Lines _ I 0- Surrounding Zoning and Location Map .Llanheim Rezoning to C-3 4 u d 111 mir4 le �V111 1IIIII!IIIIIII1'!IIII!II!III!IIi!iiii!IIhiiiuII' F ' r.;'r . i,r r !! � g. 1111:111 t.I. ;�INIIIIIIIIIIIIIIIIII1I ,.�./1111111111 lsII►tIlliiiiii: �= .,.;:.11:, I11111 1 IIIlII ► .,itr1I - IFI fekkiwaL. :;, : IIIIIIIir1IIIIIIIINI►_III11111I111IIIhIII'11I11111111IIIIII I II►II►►IIII 1111111Ilil:i' ; :'; 'qg::ii � ..'rr 1 1 _ .n ,r_r#;..;;;;;;;k ;;;;;..; .'.'1;.,..r,,,r .1,.,1 ;;;,;. mu, ;rte �11111111 ,• ;r'r;,,r;r ., r' - irsl;r1.'r'r': .'r';' '1;'';. 11';'+ AC i.:::;;:::' 'rr ;�, '.,r'. al •-as= Q#� - 7 '- _-' __. __a-_`-. x.= -4� •r;.;I.1• c f.4---- -. _�.- - .::.:y ...• 'a'-� -.... _.1__. _-__. ._,...--.=....____.....-- .5`:11- -.E.:=7;._ = . I - _ it = - r Z-. ,o ff•;,_ •= �_7--=...: =i`1.4.- -::-:-:=--- --- 'r'r'r __a_ L_�s_ C i 3"i- -'Liaar�.�i+s�7: .. _ s._a-_ 1,:0 ` -- a-O 3._- __ -6 � , .;1 = ` - —�-?---�. ... ar . 1sa w .gym- 4 t\\ ' i•>_.c�asn_= r ' "- c='_a -,,• =s__=_=_ z .=',-q.-'_--scar _-� .z,--. .- ,rII It' Ili- • n }s_--....:=--=,.=. --.. ..7._-__._ _ as=- -' _ s •• --'-= =-_----_._-- , =.. . , II1, - r-a_ _�--=--�-�_ __---' �=--=-:�--1•411s1- -:,�I1III1r�� :�I�IU►��IIS I I�p, __-_=�__= ____ ___ - - :��IIIhJ1, E IDhI►�ilru,�,,��;,;� ___�- `- =_== _,_-.7-,-:.--_- ====-T.... ..=,..-.----•m _-= ......04....11 -- _i•' �1r •S---:S:-='-:•-6.-,------- ----- --=7"--=--7-.._:T-7-:..t"-," _ - __ _ _ .r .a. _�:—_. _----- -- _ - - - - SR 50 -.. ............=--7.7-7-....,==-.--- • —=•mss �_ _�C .: — _� __.- - __— y 7rw.== ____ ire=ar'-Ts ------,=_-..2.--,...----,---- -. --f".:".;--- r„/i :" __ - ..//iii RIGA TURNPIKE , RAMP - - = =_ The Orlando Sentinel,Thursday,July 16,1998 CT'OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED REZONING ORDINANCE NO.98-15 CASE NO.R-98-04-03: MANHEIM REMARKETING UMITED PARTNERSHIP REZONING NOTICE IS HEREBY GIVEN pursuant to Section 168.041, Florida Statutes, and Sections 1.10 and 5-9,Ocoee Land Development Code, that on August 4,1998 at 7:15 p.m.or all soon thereaf- terasprectl the OCOEE CITY CO MISSION will AL hold a PUBUC HEARING Chambers.at the City Commission North eehore Drive Oc ,Florida,, to consider on the second of two read- ings the of the following Ord- rams. rd- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,CHANG- ING ZONING CLASSIFICATION FROM R-3, MULTIPLE FAMILY DWELLING DISTRICT TO C4, GENERAL COMMERCIAL DIS- TRICT ON CERTAIN REAL PROPERTY CONTAINING AP- PROXIMATELY 3.85 ACRES LO- CATED APPROXIMATELY 1,870 FEET WEST OF THE INTERSEC- TION OF STORY ROAD AND MA- GUIRE ROAD PURSUANT TO THE APPUCATWN 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;REPEAUNG INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABIUTY; DATE. FOR AN EFFECTIVE The City Commission may continue the public hearing to other dates and ernes as they deem necessary.My iOr frtroeted petty arta be advised the lie continu- ation of�th s and place suedd public hear- ings shall be announced during the hearing and that no further notices re- garding thew matters will be published. Interested parties may appear at the meeting and be heard regarding the rezoning Ordinance.A copy of proposed Ordinance may be in- spected at the Panning Department 150 North Lakeshore One,between the loos of 8:00 am.and 5:00 p.m.Mon- day through Friday,except legal hob- days.Any person who desires to ap- peal any decision made during the tb9e hearing may need a record of proceeding and for this purpose will need to ensure that a veroatium record of the proceeaings is made which in- cludes the testimony and evidence up- on which the appeal is based.Persons with disabilities needing assistance to participate in any of the_proceeaings should contact the City Clerk's Office 48 hours n advance of the meeting at (407)858-2322. JEAN GRAFTON CITY CLERK OLS2222510 JULY 16,1998