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Home My WebLink AboutVII (A) 2. First Reading of Ordinance No. 98-16, L.F. and Mary Ellen Roper Partnership Rezoning, Case No. R-98-04-04 Agenda 7-21-98 Item VII A2 "CENTER OF GOOD LII7.VG-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee 0 �+ COMMISSIONERS .R, CITY OF OCOEE DANNY HOWELL 150 N. LAKESHORE DRIVE SCOTT ANDERSON OCOEE. FLORIDA 34761-225S SCOTT A.GLASS NANCY J. PARKER (4-5 jEP \\-aCITY MANAGER Op 000D 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 !i 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. Li' 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-98-04-1)4: 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-I General Commercial District(the "Rezoning"): and _ WHEREAS, pursuant to Section ;-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 491-28, 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 \yith 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 Iocated 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 Chanter 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. Al lEST: 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-i 6) SKETCH OF DESCRIPTION DESCRIPTION commENCE AT THE NoRTNNEsT ocRNER OF THE SoUTMKST 7/4 OF SECnON 19, TOINVgrp 22 SWI,, RANCE' 28 EAST, ORANGE COUNTY FLORELk RUN THeVCE her 1.329-E ALONG THE EAST - WEST CENTERU E OF sty SECTS:* 79 A DisTANcE OF 1x69.010 FEET: THENCE' Rum S00'1972'E A DISTANCE OF moo FEET TO A PCVNT ON 174E SOUTH fit-OF-4w UNE OF STORY RQAO, sAio POINT ALSO BEING THE PONT OF BEGN IN : THENCE RUN Nad"1.7 29"E ALONG SAID SOUTH eaf-or-molt utfie A OISTANCE OF 105310 FEET: THE? RUN 500.4 27 E A OLITANcr OF 492.41 FEET: Ta RUN Sa8'1.3 29'11► A OISTUCE OF 1056-55 FEET: 774 £ RUN NOM 19.2?. W A QbTAPC.r OF 492.49 FEET To THE PONT OF CONTAwS 11.9220 AGQFS OR 579174 SO1.h4Rr FEET MORE OR LESS 1 Exhibit B (Ordinance 98-16) . . ,.. . • L. 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