HomeMy WebLinkAboutVII(A6) Ordinance No. 97-26, Rezoning - Case No. R-97-07-06 Agenda 10-7-97
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" ItlVfaYORi�tVIM1SS1ONER
S.SCOTT VANDERGRIFT
\ Ocoee
COMMISSIONERS
o ,ry o CITY OF OCOEE D NNY HOWELL
OTT•i a DERSON
150 N.LAKESHORE DRIVE
v p I OCOEE,FLORIDA 34761-2258 N Y A J.PGAL KSESR
re f; (407)656-2322
�'J� ' `�� CITY MANAGER
�P Of 000v ELLIS SHAPIRO
STAFF REPORT
DATE: September 30, 1997
TO: The Honorable Mayor and City Commissioners
THROUGH: Russell B. Wagner, AICP, Director of Planning
99
FROM: Abra E. Home, AICP, Senior Planner .(
SUBJECT: Safe Stor.of Ocoee Rezoning from C-2 to C-3 (Case#R-97-07-06)
ISSUE:
Should the Honorable Mayor and City Commissioners approve the above application to rezone a
2.4 acre parcel from C-2, Community Commercial District, to C-3, General Commercial District?
BACKGROUND:
The subject property is a vacant lot located on Bluford Avenue approximately 750 feet north of State
Road 50. The underlying Future Land Use designation of the subject property is Commercial. The
surrounding zoning for adjacent properties is C-2 on three sides of the subject property and C-3 on
one side. Although two adjacent properties to the south are zoned C-3, these properties front on
State Road 50 and do not have access onto Bluford Avenue. The C-2 properties to the north, east
and west are vacant and undeveloped. The C-3 parcels to the south contain a motel and a
automobile/ boat dealership. The City has designated the Bluford Avenue and State Road 50
intersection as an Activity Center in its Comprehensive Plan.
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). Thirteen uses identified in Table
5-1 are allowed in the C-3 zoning district but not in the C-2 zoning district. The uses listed below
are not permitted today but could be allowed on the subject property if the rezoning is approved.
1. Adult Entertainment Establishment (Permitted by Special Exception)
2. Boat Sales and Service (Permitted Use)
3. Bus Terminal (Permitted Use)
4. Car Wash (Permitted Use)
5. Heating and Air Conditioning Sales and Service with outside storage (Permitted Use)
6. Live Entertainment Establishments (Permitted by Special Exception)
7. Mobile Home and Travel Trailer Sales (Permitted Use)
8. Printing, Book Binding, Lithograph, and Publishing Plants (Permitted Use)
The Honorable Mayor and City Commissioners
September 30, 1997
Page 2
9. Radio Broadcasting and T.V. Stations, Studios, & Offices (Permitted Use)
10. Recreational Vehicle Park (Permitted by Special Exception)
11. Sign Painting Shop (Permitted Use)
12. Storage Warehouse (Permitted Use)
13. Veterinary Hospitals and Kennels When Confined to Structure (Permitted Use)
Additionally, if the requested rezoning is approved, the following six uses would become uses-by-
right (in the C-3 zoning district) rather than Special Exceptions (in the C-2 zoning district).
1. Automobile Repair
2. Automobile Sales (New and Used)
3. Automobile Service Stations
4. Convenience Stores with Gasoline Sales
5. Gasoline Stations
6. Hotels and Motels
DISCUSSION:
The underlying Commercial Future Land Use designation permits three possible zoning
classifications (C-1; C-2; and C-3). Although the Comprehensive Plan lists several zoning districts
that are 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, as appropriate. That is, there is no absolute right by a property owner to expect that
a higher zoning classification will be approved when requested {See Board of County
Commissioners of Brevard County v. Snyder 627 So. 2d 469 (FLA. 1993) }.
Section 5-3(B) of the Ocoee Land Development Code provides additional direction for considering
the requested rezoning since it describes the intended character of the C-2, Community
Commercial, and C-3, General Commercial, zoning districts (attached). 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. The C-3 zoning district is intended to provide
for the retailing of larger merchandise and the furnishing of major business services.
Characteristically,the C-3 district occupies an area larger than other commercial districts and serves
a considerably greater population or service area.
Bluford Avenue is two-lane roadway classified as a Minor Arterial in the Traffic Circulation Element
of the Comprehensive Plan. These types of roads "distribute traffic to geographic areas smaller
than those identified with the higher system... [and] offers a lower level of traffic mobility."
Accordingly, the C-2 types of uses are appropriate for properties with primary access from Bluford
Avenue since they generate primarily passenger vehicle traffic rather than commercial vehicle traffic.
The C-3 uses are more appropriate along State Road 50 which is designated as a Principal Arterial
to "accommodate major centers of activity ... [and] the highest traffic volume[s]."
The Honorable Mayor and City Commissioners
September 30, 1997
Page 3
There are several adjacent properties that are zoned C-3 but they front on State Road 50 and.
predate the City's designation of the Minorville Activity Center(at the intersection of Bluford Avenue
and State Road 50). It appears that these higher-intensity commercial areas were created to
address the general commercial needs of area residents at a time when there was no other
appropriately zoned commercial land in this area of the community. Subsequently, the State Road
50 commercial corridor through Ocoee has developed in two distinct segments. The western half
of the State Road 50 corridor between the Florida Auto Auction and Maguire Road is predominantly
zoned C-3, General Commercial District. The existing development pattern of the western half of
the corridor is primarily higher intensity commercial uses with two retail strip commercial shopping
centers. The eastern half of the corridor between Maguire Road and Good Homes Road is
predominantly zoned C-2, Community Commercial District, with some PUD, Planned Unit
Development, P-S, Professional Office, and R-3, Multifamily Residential zoning districts. The
eastern half of the corridor is largely vacant with several key developed parcels: (1) Good Homes
Shopping Center; (2) the West Oaks Regional Mall; (3) Lake Bennet Centre Commercial
Subdivision; and (4) Health Central Hospital. The City has also designated four intersections along
State Road 50 in the eastern half of the corridor as Activity Centers in the Comprehensive Plan
(Good Homes Road; Clarke Road; Blackwood Avenue; and Bluford Avenue). Accordingly, the City
has envisioned high quality commercial development for the undeveloped properties in the eastern
half of the corridor.
The requested rezoning warrants careful consideration regardless of its location based simply upon
the increased intensity of uses that would be permitted and the potential precedent that such a
rezoning may set. However, the subject property is in a key location adjacent to an historic resource
(Maine Street) and just north of a key intersection (Bluford Avenue and State Road 50). Maine
Street is an historic brick road recognized in the Ocoee Comprehensive Plan. The intersection of
Bluford Avenue and State Road 50 is considered to be the "entrance to Ocoee" by many local
residents. Also, the City has identified this intersection as an Activity Center in order to promote
quality development and the preservation of Maine Street. If the City were to approve C-3 zoning
at this location, it may set a precedent for allowing C-3 zoning in other key locations along Bluford
Avenue. Although there are several C-3 and I-1 zoned properties located at the nearby intersection
of Geneva and Bluford, the subject property is separated from those C-3 parcels by Maine Street
and a natural drainage canal/wetland system. In addition, these C-3 parcels are considered to be
part of the larger heavy commercial and industrial development node located at the intersection of
Geneva and Kissimmee Avenue. When all of the above issues are taken into consideration along
with the stated goals, objectives, and policies of the Ocoee Comprehensive Plan, the proposed
rezoning would be inconsistent with the established zoning pattern intended for this area of the City.
In summary, the proposed rezoning is inconsistent with the character of development in the area,
projected development patterns, surrounding zoning districts, and the stated goals, objectives, and
policies of the Future Land Use Element of the Ocoee Comprehensive Plan.
The Honorable Mayor and City Commissioners
September 30, 1997
Page 4
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On September 24, 1997, the Planning and Zoning Commission reviewed the requested rezoning
in detail and asked numerous questions of Staff and Mr. Edward Williams, who represented both
the current and prospective property owners before the Planning and Zoning Commission. Mr.
Williams presented an elevation of the proposed building and asked the Planning and Zoning
Commission to recommend approval of the C-3 rezoning request since the proposed building would
be attractive. In response to Mr.Williams comments City Staff stated that once a rezoning is granted
the property owner has the right to request a building permit for any of the uses permitted in the C-3
zoning district. Mr. Williams then asked if the property could be rezoned with a Developer's
Agreement to protect the City. City Staff suggested that such an approach could set a dangerous
precedent and that a PUD rezoning would be more appropriate in such a case:
The Planning and Zoning Commission also discussed whether the proposed use should be: (1)
permitted in the C-2 zoning district; (2) considered a storage warehouse use; and (3) permitted only
through a PUD rezoning. Staff reiterated that they had discussed the potential range of storage-
type uses and felt that they would not be permitted in the C-2 zoning district. Further, the proposed
use had been determined to be a Storage Warehouse by the Zoning Coordinator. After the above
discussion, Mr. Williams stated that he would request a continuance of the rezoning request and
not proceed with it to City Commission public hearings. Instead, he indicated that he would request
a PUD rezoning and return to the Planning and Zoning Commission with the request. Staff
recommended that the Planning and Zoning Commission take action on the request before them
and later review it as a PUD rezoning rather than as a standard rezoning request. A consensus was
reached that the approach recommended by Staff was preferred by the Planning and Zoning
Commission.
Based upon the above discussions, the Planning and Zoning Commission voted unanimously to
recommend denial of the requested rezoning to C-3 as recommended by Staff. After the Planning
and Zoning Commission meeting, City Staff contacted Mr. Williams to request a written request for
a continuance or withdrawal. Mr. Williams stated that his clients were not prepared to request the
withdrawal until after the first City Commission meeting. Accordingly, staff has prepared this report
and the attached rezoning ordinance to continue action on the application as submitted.
STAFF RECOMMENDATION:
Based upon the foregoing analysis and findings, Staff recommends that the Honorable Mayor and
City Commissioners find the application of Safe Stor of Ocoee in Case # R-97-07-06 to be
inconsistent with the: (1)character of surrounding development; (2) projected development patterns;
(3) surrounding zoning districts; and (4) stated goals, objectives, and policies of Ocoee
Comprehensive Plan,and DENY Ordinance No. 97-26 providing for the requested rezoning from
C-2 Community Commercial District to C-3, General Commercial District.
Attachments: Surrounding Zoning Districts Map
Rezoning Ordinance
Section 5-30B)
Table 5-1 "Use Re ulations"
Future Land Use Element Goals, Objectives, and Policies
C:\ALL DATA\CAPDFILE\STAFFR-1\CCSR--1\SRP97035.WPD
Safe Stor of Ocoee, Inc. Rezoning
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Case#: R-97-07-06 (rezoning)
Zoning Parcel Layer Map (GIS)
ri-c, -7
A-1 General Agriculture P-5, Professional Offices and Services
ra-Ailie
it-
A-2 Suburban fir-41 C-1 Neighborhood Shopping, ,.. ‘
PUD-Low Density Residential C-2, Community Commercial
R-1AAA, Single Family Dwelling 111111111 PUD-Commercial
--,
F----A R-1AA,Single Family Dwelling - C-3, General Commercial
.1*V R-1A, Single Family Dwelling ,IM I-1 Restricted Manufacturing & Warehousing
ift,71 R-1, Single Family Dwelling 1-2, General Industrial
RT-1,Mobile Home Subdivision District . -' Lakes
R-2, One and Two Family Dwelling Orange County - outside Ocoee N
11111111 PUD-Medium Density Residential
NCity Limits
A
i - "? R-3 Multi Family Dwelling
K441
I I P 11 PUD-High Density Residential
Subject Property
•
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•
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The Orlando Sentinel,Thursday,October 2,1997 I-13
CITY OF OCOEE.
' NOTICE OF.PUBLIC,HEARING'TO'
' CONSIDER ADOPTION.OF. PRO-
POSED REZONING:ORDINANCE NO.
97-26 CASE.NO.-R-97.07-06:.SAFE
'STOR OF OCOEE-REZONING, ''
•NOTICE,IS HEREBY-.GIVEN,,ppursuant
.
'to•Section-466.041;•Florida:-.Statutes,
and Sections 1-10 and 5-9;Ocoee Land
Development Code,-that-onTuesday,
:October 21;1997,at:7:15,pp:�m. _or as'
soon thereafter as ppssible;•the.00EE
'CITY.COMMISSION will hold aCPUBLIC
,HEARING;•in-the•Commission;-.Cham-
'•tiers, 150;North.,Laakeshore'-:Drive,
Ocoee,Florida;• to,conslder;on:thersec-.
ond.ot two readings the adoption of••the.,
following ordinance:.
CASE NO-R-97-07-06::.SAFE'-STOR-'
• .OF.000EE.REZONING
AN'ORDINANCE OF:THE:CITY:OF
OCOEE;:FLORIDA;CHANGING-THE
, ZONING,CLASSIFICATION FROM C-
' 2;COMMUNITY COMMERCIAL'DIS-
TRICT,'TO C-3;GENERAL•COMMER-
CIAL DISTRICT,'ON CERTAIN REAL
PROPERTY CONTAINING APPROXI-
MATELY 2.4'ACRES LOCATED_ON
BLUFORD. AVENUE--NORTH''OF
STATE ROAD 50 PURSUANT TO THE
APPLICATION SUBMITTED BY THE.
PROPERTY OWNERS;.FINDING
SUCH ZONING TO BE CONSISTENT
WITH.THE OCOEE COMPREHENSIVE
PLAN;PROVIDING FORAND AUTHO-
':RIZING THE REVISION OF.THE OFFI-
CIAL CITY ZONING.MAP;"REPEAL-
ING INCONSISTENT.ORDINANCES;
PROVIDING:;FOR::SEVERABILITY;
PROVIDINGFOR.'AN EFFECTIVE
DATE:
The City Commission.inay continue the
public hearing_toother,dafes'and times
as they deem n .•Any interested
party shall be'advised that the dates,
times,and places of any continuation of
this or continued public hearings shall
be announced during the.hearing and
that no further ndtices•regarding 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 City Clerk's office, 150
North Lakeshore Drive,Ocoee,Florida,
between the hours of 8:00 a.m. and
' 5:00 p.m:;Monday through.Friday,ex-
cept,legal holidays.
••Any person who desires to epee.]any
.decision made during the public hear-
ing will need a record of the proceeding
••and for this purpose may need to en-
sur -that a verbatim record of the'pro-
ceedings Is made'which'Includes the
testimony and evidence upon which the
ap'pealis 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-
•fiance of the meeting at(407)656-2322.
••JEAN'GRAFTON- ._.` •
CITY CLERK '
•
CITY OF OCOEE-
October 2,1997'.-' • ' •
OLS1750501 ' Oct.2,1997
ORDINANCE NO. 97-26
CASE NO. R-97-07-06: SAFE STOR OF OCOEE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM C-2, COMMUNITY COMMERCIAL DISTRICT, TO C-3,
GENERAL COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 2.4 ACRES LOCATED ON BLUFORD AVENUE,
NORTH OF STATE ROAD 50 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 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-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 2.4 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby changed from "C-2, Community Commercial
District" to "C-3, General 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
•
.. 1
•
• RYNIBI? "A" 1
. PARCEL 1: f
Commence at the Southwest corner of the Southwest 1/4, Section 20, Township 22 South, "
Range 28 East, thence run North.00:12'54" West 691.70 feet along the West line of.;
Section 20, Township 22 South, Range 28 East; thence South 89'40'46" East 342.08 •flet
along the South line of the Northwest 1/4 of the Southwest 1/4 of the Southwest IYk
of said Section 20 for a point of beginning; thence North 15'49'19" West 290.12 !bit; .
thence North 54'21'11" East 150.84 feet; thence South 35'51'24" East 455.00 feet;
thence North 89'40'46" West 310.00 feat to the point of beginning. 't •
PARCEL 2: • ,
That part of parcel Oh) described boles which is South of the following described' ;
parcel II. SUBJECT TO ROAD RICMT OF WAY FOR STATE ROAD 439. ,
PARCEL II { •
• A tract of land lying 30.00 feet either side of the centerline of Seaboard Coastllaa
Railroad end East of the West section line of Section 20, Township 22 South, Range`28
East, said centerline described es follows: Coaaebce at the Southwest corner of tht
Southwest 1/4 of Section 20, Tovnseip 22 South, Range 28 East, thence run North . 1
00'12"54" West 1646.47 feet along the West section line for a Point of Beginning; ? . •
thence South 35'51'24" East 705.94 feet to the Point of Termination. Subject to
Right-of-Way for State Road No. 439. • .
Prom the Southwest corner of Section 20, Township 22 South, Range 28 East, ORANGE,
County, Florida, run North 00'12'54n Vest 75.00 feet along the West line of the .,t
Southwest 1/4 of Sectioc 20 to the Perth right of way line of State Road No. 50;
• thence South 89'59'13" East along said right of way line, 1176.37 feet for a poiati.of
beginning, said point being on a curve concave Northeasterly having a radius of .1,
5729.65 feet; thence fro■ a tangent bearing of North 42'33'36" West run Nortbvestefly .
along sale curve through a central angle of 06'42'14" for an err distance of 670,4b '
feet to the point of tangency; thence North 35'51'24" West 1298.70 feet to the Wes '
line of the Southwest 1/4 of said Section 20 at a polnt which is North 00'12'54"
West, 1646.47 feet from: the Southwest corner of said Section 20; thence continue F
North 35'51'24" West 895.30 feet into'Section 19, Township.22 South, Range 28 Easti, •
to the point of curve of a curve to the right having a radius of 2864.93 feet; thence
along sai0 curve through a central angle of 24'30'58" for an ire distance of 2225:,p7
feet to the point of tangency; thence North 11'20'26" West 940.90 feet to a point. '
110.00 feat North 11'20'26" West of the North right of way,line of Washington stre$t
according to the plat of the Town of Ocoee as recorded in Plat Book A, pages 100 a d
101, of the Public Records of ORANGE County, Florida, said'point also being the point
of terainatioo of this description; said point being South 00'26'05" East, 853.09 ;
feet and North 69'S6'30" West, 1179.80 feet fro' the Northeast corner of said Section
19. •
•
• A
aa.ark: • t
FORM BII25-83-66(7/92)'REPRINTED (2/94) ALTA COMMITMENT 1966 ,F
•
Exhibit A
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