HomeMy WebLinkAboutVII(A5) Ordinance No. 97-25, Rezoning - Case No. R-97-07-05 Agenda 10-7-97
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" AY
S.SCOTT VANDERGRIFT
Ocoee
r COMMISSIONERS
CITY OF OCOEE DANNY HOWELL
N. 'r Q 150 N.LAKESHORE DRIVE SSCOOTTTT A GLA ON
Co "4��++.��i■■ p OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
v (407)656-2322
d, '' A` CITY MANAGER
E4, up Goo, ELLIS SHAPIRO
STAFF REPORT
DATE: September 30, 1997
TO: The Honorable Mayor and City Commissioners
THROUGH: Russell B. Wagner, AICP, Director of Planning
FROM: Abra E. Horne, AICP, Senior Planner
SUBJECT: Gomes (Spring Lake Plaza) Rezoning from C-1 to C-2 (Case#R-97-07-05)
ISSUE:
Should the Honorable Mayor and City Commissioners approve the above application to rezone a
1.4 acre parcel located at 1500 Wurst Road from C-1, Neighborhood Shopping District, to C-2,
Community Commercial District?
BACKGROUND:
The subject property is located on the northeast corner of Wurst Road and Spring Lake Circle. Half
• of the property contains an existing 5,000 square foot shopping center and the other half is
undeveloped. The future land use designation of the subject property is Commercial which permits
all three Ocoee commercial zoning districts (C-1; C-2; C-3). Although the Comprehensive Plan lists
several zoning districts that are theoretically consistent with the Commercial designation, the City
may choose from the range of potential zoning classifications and decide to be either more or less
restrictive when assigning a zoning classification. Section 5-3(B) of the Ocoee Land Development
Code provides more direction by describing the intended character of the C-1, Neighborhood
Shopping, and C-2, Community Commercial,zoning districts(attached). The C-1 district is intended
to provide for the immediate retail and personal service needs of the people living in adjacent
neighborhoods. These shops and stores may be an integral part of the neighborhood, closely
associated with residential, religious, recreational and educational uses and accordingly there are
more restrictive requirements than are provided in other commercial districts. The C-2 district is
primarily intended to serve the general retail and personal business service needs of the citizens
of the community. The traffic generated by C=2 uses is expected to be primarily passenger vehicles
with only those commercial vehicles needed for deliveries.
Table 5-1 "Use Regulations" of the Ocoee Land Development Code identifies all of the permitted
uses and Special Exceptions for each zoning district (attached). Twenty-eight (28) uses identified
in Table 5-1 are allowed in the C-2 zoning district but are not allowed in the C-1 zoning district. The
uses listed below are not permitted today but could be allowed on the subject property if the
requested rezoning is approved.
The Honorable Mayor and City Commissioners
September 30, 1997
Page 2
1. Appliance Store (Permitted Use)
2. Automobile Repair(Special Exception)
3. Automobile Sales (New and Used) (Special Exception)
4. Automobile Service Station (Special Exception)
5. Bar, with a 45 seat restaurant (Permitted Use)
6. Convenience Store, with gas sales (Special Exception)
7. Commercial Retail (Permitted Use)
8. Department Store (Permitted Use)
9. Drive In Restaurant (boundaries of tract of land
are no less than 200 feet from any residence) (Permitted Use)
10. Funeral Parlor(Permitted Use)
11. Furniture Repair and Upholstery (Permitted Use)
12. Furniture Store (Permitted Use)
13. Gallery/Museum (Permitted Use)
14. Gas Station (Special Exception)
15. Golf Course/Country Club (Permitted Use)
16. Grocery Store/Supermarket (Permitted Use)
17. Heating, Ventilating, Plumbing Supplies, Sales,;& Service (Permitted Use)
18. Hospital (Permitted Use)
19. Hotel or Motel (Special Exception)
20. Interior Decorating Store (Permitted Use)
21. Liquor Store, no on-premise consumption (Permitted Use)
22. Miniature Golf Course/ Driving Range (Permitted Use)
23. Movie Theater (Permitted Use)
24. Music, Radio/T.V. Shop (Permitted Use)
25. Nursery/Garden Supply Store (Permitted Use)
26. Nursing Home (Permitted Use)
27. Pawn Shop (Permitted Use)
28. Recreational Facility, Commercial (Permitted Use)
Additionally, if the requested rezoning is approved, equipment sales would become a use-by-right
rather than a Special Exception. If approved, Mr. and Mrs. Gomes have indicated that the
requested rezoning would allow them to lease space in the shopping center to a wider variety of
businesses.
DISCUSSION:
Staff has determined that the rezoning request is consistent with the City of Ocoee's: (1)
Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) existing
development pattern; and (5)surrounding zoning districts. The requested rezoning warrants careful
consideration regardless of its location simply based upon the increased intensity of uses that would
be permitted. The subject property is located within an established neighborhood whose residents
are accustomed to the existing commercial node located at the intersection of A. D. Mims Road, the
CSX Railroad, and Wurst Road. The intersection creates a natural area of commercial activity that
is contained and separated from the adjacent residential uses.
The Honorable Mayor and City Commissioners
September 30, 1997
Page 3
Development within this commercial node already consists of Spring Lake Plaza Shopping Plaza
and two convenience stores. The shopping center contains-a restaurant and several small retail
businesses. South of the shopping center the property is zoned C-2 already and it contains a
convenience store with gasoline sales. There is also a convenience store located to the west of the
subject property but it is a non-conforming use since that parcel is zoned R-1. Although the
surrounding zoning for adjacent properties is C-2 to the south and R-1 on the other three sides of
the property, the existing development pattern is already consistent with the uses permitted in the
C-2 zoning district. When these issues are taken into consideration along with the stated goals,
objectives, and policies of the Ocoee Comprehensive Plan, the proposed rezoning can be
considered consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map;
(3) Land Development Code; (4) existing development pattern; and (5) surrounding zoning districts.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On September 24, 1997,the Planning and Zoning Commission reviewed the proposed rezoning and
voted unanimously to recommend approval of the proposed rezoning as recommended by Staff.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners APPROVE Ordinance No.
97-25 providing for a rezoning from C-1 Neighborhood Shopping District to C-2, Community
Commercial District, upon finding the application of Mr. and Mrs. Gomes in Case# R-97-07-05 to
be consistent with the Ocoee: (1) Future Land Use Map; (2) Land Development Code; (3) existing
development patterns; (4) surrounding zoning districts; and (5) the Ocoee Comprehensive Plan.
Attachments: Surrounding Zoning Map
Rezoning Ordinance
Table 5-1 "Use Regulations"
Future Land Use Element Goals, Objectives, and-Policies
C:\ALL DATA\CAPDFILE\STAFFR-1\CCSR-1\SRP97040.WPD
Gomes (Spring Lake Plaza) Rezoning
Surrounding Zoning Designations
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Legend: 1/8 0 1/8 1/4
__ 1/2 Mile Case # R-97-07-05
(rezoning)
Zoning Parcel Layer Map(GI5)
- A-1,General Agriculture ® R-2,One and Two Family Dwelling — C-3,General Commercial
A-2,Suburban IIIIIIIIIII PUD-Medium Density Residential I-1,Restricted Manufacturing Warehousing
PUD-Low Density Residential - R-3,Multi Family Dwelling = I-2,General Industrial
,,• R-1AAA,Single Family Dwelling { {!; PUD-High Density Residential Orange County-outside Ocoee N
® R-1AA,Single Family Dwelling ® P-5,Professional Offices&Services ® WATER/HYDROLOGY
® R-1A,Single Family Dwelling ® C-1,Neighborhood Shopping
® R-1,Single Family Dwelling - C-2,Community Commercial /// Subject Property
Al..,. RT-1,Mobile Home Subdivision IIIIIIIIIII PUD-Commercial City Limits
•
•
Thd Orlando,Sentinel,Thursday,October 2, 1997 - 1-13.
•
• ' CITY OF OCOEE
• NOTICE.OF PUBLIC HEARING TO
CONSIDER ADOPTION OF PRO-'
POSED REZONING ORDINANCE NO..'
- - - 97-25 CASE NO.R-97-07-05:GOMES
REZONING
NOTICE IS HEREBY GIVEN,pursuant
to'$ection 166.041, Florida Statutes,
and Sections 1-10 and 5-9,Ocoee land
Development Code,that on'•Tuesday,
October 21 1997 at 7:15 p.m. or as
• soon thereafter as possible,the OCOEE
CITY COMMISSION will'hold a PUBLIC
HEARING, lithe Commission Cham-
bers, 150 North•Lakeshore Drive,•
Ocoee;Florida,to consider on the sec-
ond of two.readings the.adoption of the
followinngg•ordinance: -
• ORDINANCE NUMBER 97-25 •
CASE NO.R797-07.05:.••.
::GOMES REZONING
AN-ORDINANCE OF THE.CITY'OF.
OCOEE:FLORIDA,. ' •
ZONING CLASSIFICATION FROM C-
1,'.NEIGHBORHOOD,COMMERCIAL':
MMNITY
•
COMMERCIAL D STRIC T ONUCER-=•
TAIN'REAL PROPERTY,CONTAINING'
•APPROXIMATELY 1.4 ACRES-LOCAT-
ED AT-THE-NORTHEAST-.CORNER
OF WORST:ROAD AND:SPRING.,
LAKE'CIRCLE,PURSUANT-•TO:THE:
APPLICATION.SUBMITTED'BY THE '
'PROPERTY';OWNERS;`FINDING.:
SUCH-ZONING-TO BE=CONSISTENT: •
WITH THE OOOEE•COMPREHENSIVE;
PLAN;PROVIDING FORAND AUTHO
RIZING THE•REVISION OF THE OFFI-'
CIAL•CITY•.ZONINQ MAP; REPEAL-;
ING INCONSISTENT ORDINANCES;'.
PROVIDING-FOR:SEVERABILITY;
PROVIDING:;FOR.-AN-:EFFECTIVE
DATE:"--.;• :.r
The City Coirttnls'slon may contiwe-the.'
public hearing to other dates and times
as they deem necesary.Anyy Interested
-party shall be,advised that-the dates„
• times,and places of any continuation off
this or continued public hearingsshall'
' be-announced during the heanng'and"
that no further notices regarding these'••
matters will be.published. - '
interested parties may appear at the
meeling and be heard regarding the•
proposed rezoning ordinance.A copy'
of the.proposed.ordinance.mayy bp In-:
spected at the City Clerk's-office,-150
North Lakeshore Drive;Ocoee,?Florida„
between:the',hours.of 8:00.•a.ni."and
5:00 p m.,Monday through-Friday,ex
cept legal holidays. =
Any person who desires to;appeat,any'
decision.made during the public hear-
ing will need a-record of-the.proceeding',•
and for this purpose.may.need to;en-,
sure theta verbatim record the'pro-
ceedings is.made includes.the.'.
-testimony.and,evidence upon-which the
-appeal Is based.Persons with disabili- '
ties needing assistance to participate In
any-of the proceedings-should-contact :
the City Clerk's Office 48-hours'in'ad-
vanes of'the meeting at(407)•656-2322.•
'JEAN GRAFTON - - -
•CITY CLERK • ' '
CITY OF OCOEE
October 2,1997 . Y
ORDINANCE NO. 97-25
CASE NO. R-97-07-05: GOMES
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM C-1, NEIGHBORHOOD COMMERCIAL DISTRICT, TO
C-2, COMMUNITY COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 1.4 ACRES LOCATED AT THE NORTHEAST
CORNER OF WURST ROAD AND SPRING LAKE CIRCLE 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-2, Community Commercial District (the "Rezoning"); and
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Planning Director 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 No. 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-2, Community 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 1.4 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby changed from "C-1, Neighborhood
Commercial District" to "C-2, Community Commercial District":
SEE, EXHIBIT "A" (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 CONSISTENCY. The City Commission hereby
finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. 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 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. INCONSISTENT 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 , 1997.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED OCTOBER 2, 1997
READ FIRST TIME OCTOBER 7, 1997
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 , 1997.
FOLEY & LARDNER
By:
City Attorney
C:WLL DATA\AHPDFILEWNX-REZ ACTIVE\GOMESCAR\GOMESREZ.ALL
•
•
OVERALL DESCRIPTION:
Lot 14.Block B.SPRING LAKE HILLS,as recorded in Plat Book Y,Page 68,Public Records of Orange County,
Florida.
TAX PARCEL H02140:
From the Southeast corner of Lot 14,Block B,SPRING LAKE HILLS,according to the plat thereof recorded in Plat
Book Y.Page 68,Public Records of Orange County,Florida,run North 63°10'W.,215.48 feet along the Southerly
boundary line of said Lot 14 for the Point of Beginning of this de.cription;continue thence North 63°10'West,139.03
feet to the Southwest:ornei of said Lot 14;thence run North 0°22'West., 132.22 feet to the Northwest corner of said
Lot 14;thence run East 107.26 feet along the North line of said Lot 14 to an angle point in the Northerly line of said Lot
14;thence run South 63°10'East, 104.08 feet along the Northerly line of said Lot 14 to a point which beats North 63'
10'W., 199.39 feet from the Northeast comer of said Lot 14;thence run South 26°50'West, 166.62 feet to the Point of
Beginning.
•
TAX PARCEL N02141:
Begin at the Southeast corner of Lot 14,Block B.SPRING LAKE HILLS,according to the plat thereof as recorded in
Plat Book Y.Page 68,Public Records of Orange County,Florida.run thence North 63°10'West, 110.48 feet along the
Southerly boundary line of the said Lot 14:thence run North 26°50'East, 166.62 feet to the Northerly boundary line of
said Lot 14:thence run South 63° 10'East,94.89 feet to the Northeast corner of the said Lot 14;thence run South21°
19'West, 167.4 feet to the Point of Beginning.
TAX PARCEL ii02142:
Commence at the Southeast corner of Lot 14,Block B,SPRING LAKE HILLS.according to the plat thereof as
recorded in Plat Book Y.Page 68,Public Records of Orange County,Florida;run thence North 63°10'West, 110.48
feet along the Southerly boundary line of the said Lot 14 to the Point of Beginning;thence continue North 63°10'West,
105.0 feet:thence run North 26°50'E.. 166.62 feet:thence run South 63°10'East. 105.0 feet; thence run S.26°50'
West. ;66.62 feet to the Point of Beginning..
SPECIFIC PURPOSE SURVEY TO SHOW INTERIOR'FAX PARCELS PER CLIENTS REQUEST FOR:
•
Carlos&Maria A.Gomes
•
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