The URL can be used to link to this page

Home My WebLink AboutVI (A05) Second Reading Ordinance No. 97-25, Rezoning – Case No. R-97-07-05: Gomes Agenda 10-21-97 ;Agenda 10-7-97 "CENTER OF GOOD LIVING-PRIDE OF WEST RANGE" Ite�} I A 5 � AYOR• OMhIISSIONER S.SCOTT VANDERGRIFT Ocoee COMMISSIONERS V - CITY OF OCOEE DANNYHOWELL • SCOTT ANDERSON `y • — 150 N. LAKESHORE DRIVE p OCOEE,FLORIDA 34761-2258 SCOTT A.GLASSNANCY J.PARKER • (407)656-2322 CITY MANAGER Gpoo A` ��P op 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. Home, 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. • 016 G7 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-11CCSR-1\SRP97040.WPD Gomes (Spring Lake Plaza) Rezoning Surrounding Zoning Designations - .� 3 ■; l " - 1 . I- Ili Q lc Jl f_T_ / _�= .. == LI- "- IN I 1 i -- - ,_--=:°° NO Nos - - iiiiiIII CE 1% ` 3O _ _■■■__ - _& . _ ` l •...�.�, _ = �fuctA[I6.0Ia - 1 1IA•TERAIIY -. )`\ _ . . . / )` C�b ct tTM1 It 'AI -H ail _i ; _- _ ■a -#i%�4.4!: ik4 , _ - rty as=ji rm .:hi lirie �i,tli v► ` `44 r1 i•:: ICI' S��i. �s11111/ ' P ''' , \".$" '. " * r--"."“" I°III- ��1!. ,�i ¢ .�_ Spring V,* !U, __ - _ — Lake ..—.J.. .. --7 1 7 li+ _r ; 11 --- 111EiT -- ,... ANILIE-- su - _ __ 111" -1-7- IIIIIIII ill -LI._ ill 7: / ,' ' 'II] ,m1,1 ....! mg II g Legend : 1/8 0 1/8 1/4 1/2 Mile rase # R-97-07-05 (rezoning) Zoning Parcel Layer Map (GIS) ® A-1,General Agriculture R-2, One and Two Family Dwelling - C-3,General Commercial A-2, Suburban 1 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 l _ 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 _`;_?.=1 C-1, Neighborhood Shopping R-1, Single Family Dwelling - C-2,Community Commercial Subject Property RT-1, Mobile Home Subdivision 1771 PUD-Commercial City Limits • • • Thd Orlando,Sentinel,Thursday,October 2, 1997 I-13• CITY OF OCOEE • • • NOTICE.OF PUBLIC HEARING TO CONSIDER ADOPTION OF PRO- i POSED REZONING ORDINANCE NO..'• 97-25 CASE NO.R-97-07.05:GOMES REZONING NOTICE IS HEREBY GIVEN,pursuant to Section 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 HEAPING, in the Commission Cham- bets, 150 North•Lakeshore Drive, Ocoee,Florida,to consider on the sec- ond of two readings the adoption of the following ordinance: ORDINANCE NUMBER 97.25 CASE NO.R-97-07.0.5: GOMES REZONING 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 CER-' TAIN REAL PROPERTY CONTAINING' •APPROXIMATELY 1.4 ACRES LOCAT- ED 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 FORAND AUTHO- RIZING THE REVISION OF THE OFFI- CIAL CITY ZONING MAP; REPEAL- ING INCONSISTENT ORDINANCES;. _PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE The City Commission may continue the public hearing to other dates and times as they deem necesary.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 heanng and that no further notices 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 appeal any decision made during the public hear- ing will need a record of the proceeding and for this purpose may need-to en- sure that a verbatim record of the pro- ceedings is made which 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- vance of the meeting at(407)656.2322.• JEAN GRAFTON CITY CLERK . CITY OF OCOEE -.fy October 2,1997 . 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:\ALL__DATA\AHPDFILDANX-REZIACTIVENGOMESCAMGOMESREZ.ALL F • 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 402140: 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 Begitueng of this de•cription;continue thence North 63°10'West,139.03 feet to the Southwest_Omer of said Lot t 4;thence nut 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 bean North 63' 10'W., 199.39 feet from the Northeast cornet-of said Lot 14;thence run South 26°50'West, 166.62 feet to the Point of Beginning. TAX PARCEL#02141: Begin at the Southeast corner of Lot 14.Block 13,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 fire of said Lot 14:thence run South 63°10'East.94 89 feet to the Northeast corner of the said Lot 14;thence run South 21° 19'West. 167 4 feet to the Point of Beginning. TAX PARCEL 402142: 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, i05.0 feet;thence run North 26°50'E.. :66 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 SIIOW INTERIOR TA\PARCELS PER CLIENTS REQUEST FOR: Carlos&Nlana A.Gomel • Exhibit A • • 111111� innings 1 - `. 7 llu // ___IS ■■ qjE,1 j% • .� E _ I I 1 Il ILI r u mismanaging el1I1111lu 11111.IIllBIMEWMIIUV ' - gill I ■ • I� ' � inns - SLbject Property "`� ' . nine ii" -E..u■ ! Gdmes Rezonin ' i -Rib'ilia an'.'N•Y iznlu/. I ■ / : p.m �.pw /iI. C • Minr� it.:X__ 'r . =■///t ■ —■. .r'o M *•••/• C1•II/////I IIII�I��■ I 4 ♦ _ animism 4�` �j1i�0 p�4h4. �. t is II Nfl��. 41414, �y IIIIII/IIIIIII,'' �� • _ II h. 11 ./I/w /ULi ,', • i•. :j%%% '+j:::ram /}r! • I I i l I+ '` "I 1 1 t I I I 1 1 l I l l ' ':i � • ^• III � ' J1 1� •1 I�� /•l,.• , ' . 1 -J , rI 11 I 1 I ,i I I I I LLL... / �• 1 I I I I I 'I li ,,,� , 1 1� _ 11 I '1111 J �� -'I >n11j11 i 1 .. . l)11 ' 11 ' '1 111 c (� (^ ' II I • "---L---' —.---1 I ' '' 'I--pzi „...,:i. _., __. -�I` _r�� 11I I1I '= • • 1 fT °1 Imo- I .;I 1 i t • • -lit �l l �� I i ; Exhibit B