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HomeMy WebLinkAboutVI (B) Discussion/ Action re: Clarke Corner Preliminary/ Final Subdivision Plans- Lynn Walker Wright P.A. Agenda 7-1-97 "CENTER OF GOOD LII7NG-PRIDE OF IrEST ORANGE" MtAYOOR••COMMISSIONER S.SCOTT VANDERGRJFT Ocoee \% CITY OF OCOEE Naoss„Maz O pi pDOTTA1D R .I.SCOTT ANDF.RSON 150 N. LAKeauo2e DRIVE Q SCOTC Ca. y p OCOEE,FioamA2J7f,1-225ft NANCY J.J.PARKER re, . c5 (407)656-2322 CITY MNJAtiIiR e. CpGpOCI• ELLIS SI IAPIR° STAFF REPORT DATE: June 26, 1997 TO: Honorable Mayor and City Commission FROM: Russ Wagner, Director of Planning SUBJ: Land Development Code Interpretation Clarke Corners Project ISSUE: Should the Mayor and City Commissioners support the Staff interpretation of the Land Development Code pertaining to separation requirements between drive in restaurants and residences? BACKGROUND: The owner of Lot 2, Olympia Square, which is located on the west side of Clarke Road immediately south of Olympia Square Shopping Center, has submitted plans (see attached layout) to develop this C-2 parcel into a commercial subdivision. During review of this project, the Planning Department requested that a note be placed on the Preliminary/Final Subdivision Plans which would prohibit development of any drive in restaurants within the project. The attorney for the owner has communicated on behalf of her client(letters attached)that she disagrees with this position and has made a request to appear before the City Commission for an interpretation of the Land Development Code. DISCUSSION: Table 5-1 Use Regulations within the Ocoee Land Development Code (attached) specifies that the boundaries of a tract of land utilized for drive in restaurants must be no less than 200 feet from any residence. Presumably, this provision was incorporated within the Code to provide increased protection to adjoining residential properties from the noise (outside speakers), lighting, late night activity and increased traffic generated by such a high intensity commercial use. (It should be noted that conventional restaurants are a permitted use within the C-2 district and do not need setbacks in excess of standard requirements for that zone.) aL Staff Report June 26, 1997 Page 2 Staff has taken a conservative position on this matter based upon Section 1-4 of the Code (attached)which states that: "Where any specific provision of these regulations imposes a greater restriction on the subject matter than a general provision of these regulations, the most specific provision shall be deemed to be controlling" In this case, the attorney for the owner has taken the position that the City has no authority to impose this provision of the Code on this project since adjoining properties to the south and east are still in the County. Staff believes otherwise based upon Section 1-5 of the Code (attached)which states that "The provisions of this Code shall apply to all land, buildings, structures, and uses in the incorporated areas of the City of Ocoee and to any other area authorized by law or interlocal agreement." Based upon provisions contained within the Joint Planning Area Agreement with Orange County, the City of Ocoee Future Land Use map (attached) was amended to be consistent with the Joint Planning Area Land Use map. This interlocal agreement gave extra-jurisdictional power to the City of Ocoee, permitting Ocoee to annex and rezone lands consistent with these land uses without the need for a Comprehensive Plan Amendment. In other words, lands currently situated within the county have designated land uses which are equal to land uses situated within the City for future planning purposes. Accordingly, Staff believes that the City has a legitimate right to consider the effects of this development on adjoining residential land uses whether they are currently in the City or are to be annexed in the future. With regard to the intent of the Land Development Code, practically all of the protective mechanisms contained in this regulatory document are based upon land use or zoning categories versus whether structures have been built or not. The entire basis of the Code is prospective in nature, that is, it is forward-looking in its approach. Planning, to have any effect, must not only look at what is developed, but what is projected to be developed. Consequently, even though the language in the Code prescribes separation distances between drive in restaurants and"residences", it is presumed that the intent of the regulation was meant to apply to all lands within 200 feet where residential structures either currently exist or would be permitted to exist. STAFF RECOMMENDATION: Based upon the information presented, Staff respectfully recommends that the Mayor and City Commissioners uphold the Staff interpretation of the Land Development Code prohibiting development of drive in restaurants within 200 feet of any lands classified for Residential land use on the City of Ocoee Future Land Use map. RBW/csa Attachments C:\CAPDFILE\STAFFR-1\CCSR-1\SRPW 025.WPD IIcar 'II S o ZONING C-2 ' 1 ea 7 CRY OF CCOEE I ; e e g,IL � _ __ _ 1 cs � .., �t w � j4. ca I -1 —IgwA ^ i .I iIV j roo», I LOT 2 i I Earn_ .. ;, telY :OTT+ hI r-. mrrrver = 1 �� va. 339; r + .......x,aww SOT 3 • ni I 1I I]a"T:1 <IL ... ,... m iT..4 � �. ..o Vie_. 11 ! a r -. I u 1 Yf�� r� �H � J �-1 1 x 11- ^� L P Y2 ; , g Q' n+ersug✓^.r.or - 1 E.�� T (6 I.oa.�v I�:.Z Leas r 4,�A I t ) i1� < s �ti _._ 1 �� I o TFAOT 'A `°' LoTo 5 j I LOT 0 LOT 7 I i I{ i 2 I I DETENTION AREA 1 • -� ._ I 1 ,: I _ .+I A .I "� ..a. I ' 211 I . 1 _ _ '1 I }I LOT_ I mo,,,,, I 7 a.m..NM , r ... I JI-- I rn__ I _ I�I � L -J 1'— in..rs i ... .ur.r• f 2CNNO. Y,_; .'.... '....I ...rr ceANa COVMT I I Si GEOMETRY AHD Wr LAN TT k —_r OR�µ + w A .. P. Du:P.+�a�. PReu+NORRY/AMAY sDCD INPLANS`{` ., fC„ n _� �rv �- e'er fOR LGRNC CORNERS -rF+. .�7:d L"' an ar am¢ FLORIDA -: J'1 : LY"N 1.14.xq tagaa, P.A. PHCTiE lg. : .. . . fun. EC 1997 01:55Pr1 P^ ilium Walker Wright, P. A. 1L... W,11,<,. 1K: L Ait0<..7 ..d CO...<la Ai Law 271e Re- C..1., Stu< 102 (307) 6564300 Z..L.. E �"..1.. Pat Cat,. B0. 419 FAX Y0. (Sin) 873-SB08 56761 .I June 3, 1997 VIA FACSIMILE & U.S. MAIL Mr. Ellis Shapiro City Manager City of Ocoee 150 N. Lakewood Avenue Ocoee, FL 34761 RE: Clarke Corner Preliminary / Final Subdivision Plans Our File Number: 97076 Dear Ellis: As you are aware, I represent Clarke Corner with regard to the City of Ocoee's approval of the sarnes final subdivision plans. Pursuant to my conversation with you of recent, I am writing to inquire of the City's opinion concerning its "no drive-thru restaurant ruling as it pertains to Clarke Corner. On March 11, 1997, a Memorandum from Robby Lewis, Site Plans Examiner directed to Ellen King stated that a Note should be placed on the Plan indicating that "no drive-in restaurants with drive-thru windows shall be permitted on any lots within the subdivision, since all lots are less than 200'from the boundary of residential areas". The Memorandum further stated that: Tne Planning Department will not support a Waiver from this requirement". It is my position as counsel for Clarke Corners that such an opinion is incorrect and that the °no drive-in restaurant Rule' is inapplicable to this project. My basis for this is that the subdivision is not within 200' of any residence. In addition, the adjoining property is not City proper but in fact is County property. I do not believe that the subject Rule should be applicable or otherwise imposed upon my client. To do so would depart from the City's established ruling. In addition, to do so would highly diminish the subdivision's property value and marketability. I would appreciate if you and your staff would review my client's Plans and discuss this matter at your earliest convenience. I am hopeful that your staff will construe the subject Rule in a way favorable to Clarke Corner ...a'I : L7N1 L.S.KR I.F<IGIT• P.P. FtCrE NC. Sun. 'a:7 1sS% b'I:SPM P3 Page Two of Two Pages June 3, 1997 Mr. Ells Shapiro City Manager City of Ocoee On another note, I believe that the intent of the Commission when the original Rule was imposed was to protect the surrounding residence from traffic congestion, lights, and noise which may potentially result from the operation of a drive-thru restaurant. In this case, none of the surrounding areas would be negatively impacted from your waiver of this requirement. Please get back to me at your earliest convenience concerning this matter. Sincerely, LYN A. Lv WALKER WRIGHT / LW W:mtb cc: Mr_ Louis Geys Mr. Sob Cantu shag m;o3 "CENTER OF GOOD 1-1G7NG-PRIDE OF WEST OR-LVGE" MAYOR•CC,oc 1CNx S.SCOTT VANDERGRIFT Ocoee OR .n COMMISSIONERS a CITY OF OCOEE DANNY HOWELL n� a 150 N. LAKESHORE DRIVE SCOIT ANDERSON O OCOEE, FLORIDA 7J761-2258 SCOTT A.GLASS 0�.. ?V (407)65b-2322 NANCY S. PARKER 6JF* .. `�'�� CIrY MANAGER f-G 00n ELLIS SHAPIRO June 5, 1997 Ms. Lynn Walker Wright, P.A. 2716 Rew Circle, Suite 102 P.O. Box 419 Ocoee, Florida 34761 RE: Clarke Corner Preliminary/Final Site Plan Dear Lynn: Ellis Shapiro requested that I respond to the attached letter faxed to him on June 3, 1997. As previously discussed with you, City Staff stands by their previous interpretation of the City Land Development Code which prohibits drive-in restaurant uses within your client's commercial subdivision since all lots would be within 200 feet of a residence. This interpretation is based upon the surrounding Low Density Residential land use designation specified by the Joint Planning Area Map and the need to consider the intent of the Code, which is believed to be the limitation of such high intensity commercial uses from occurring adjacent to single family homes, whether existing or planned for the future. Si e ly,� Oir--' Russell B. Wagner. AICP Director of Planning RBW/emk Attachment cc: Ellis Shapiro. City Manager Paul Rosenthal, City Attorney Robby Lewis, Site Plans Examiner C:IEKPDFILEILE iTERS1LFP97099.WPD Lynn Walker Wright, P. A. Attorney anti Counselor At Law 'Myna Walker Wright 2916 Re. Circle. Suite 102 (407) 656.5500 laellary E. Stenbe. Post 0[fice Bo: 419 FAN No. (407) 856.5898 Ocoee, Florida 54761 June 10, 1997 VIA FACSIMILE & U.S. MAIL Mr. Ellis Shapiro City Manager City of Ocoee 150 N. Lakewood Avenue Ocoee, FL 34761 RE: Clarke Corner Preliminary / Final Subdivision Plans Our File Number: 97076 Dear Ellis: On June 3, 1997 I forwarded a letter to you concerning my client, Clarke Corners. On June 5, 1997, a letter was written by Russell B. Wagner responding to that letter. Inasmuch as the City Staff has interpreted the "no drive-in restaurant" issue to affect my client's property, I am requesting that the issue be more fully interpreted by the City Commission or in the alternative that an Appeal be taken concerning this decision. I would like to appear before the City Commission at its July Meeting, if possible. Please let me know if there is room on the Agenda for this issue. Thank you for your attention concerning this matter. Sincerely, LYNN WI K R •IG HT, P.A. }c gor CGHT LW W:mtb cc: Mr. Louis Geys Mr. Bob Cantu shapiro.j10 [rA/n "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCO7T VANDERGRIPT O` Ocoee COMMISSIONERS o CITY OF OCOEE DANNYIIOWELL _ try ••mi Q 150 N. LAKESHORE DRIVE SCOTT ANDERSON 'lo O OCOEE, FLORIDA 34761-2258 scan'A.GLASS r'F,�+ 4, (407)656-2322NANCY 1.PARKGR F \ CITY MANAGER OF G000 EI.LIS SHAPIRO June 12, 1997 Lynn Walker Wright, Esquire P.O. Box 419 Ocoee, FL 34761 RE: CLARKE CORNER PRELIMINARY/FINAL SUBDIVISION PLANS Dear Ms. Wright: This letter is to confirm that you arc being placed on the July 1, 1997, City Commission Agenda with regard to the above-referenced matter. Our City Commission meetings begin promptly at 7:30 p.m. By copy of this letter I am advising Jean Grafton. City Clerk that you arc to be placed on that Agenda. If you have any questions, please do not hesitate to contact Ms. Grafton at 656-2322, extension 147. Sincerely,/ s apiro ' ' y Manager ES2w:fdg:149 cc: Jean Grafton, City Clerk Russ Wagner, Planning Director Lynn Walker Wright, P. A. Attorney and Counselor A. Law flan. Walker Wright 2716 R<. Circle, Suite 102 (407) 656.5500 Zachary E. S.a..60. Post Office Bo. 419 FAX No. (407) 858w868 o. c0....i Ocoee, Florida 34761 June 10, 1997 VIA FACSIMILE & U.S. MAIL Mr. Ellis Shapiro City Manager City of Ocoee 150 N. Lakewood Avenue Ocoee, FL 34761 RE: Clarke Corner Preliminary / Final Subdivision Plans Our File Number: 97076 Dear Ellis: On June 3, 1997 I forwarded a letter to you concerning my client, Clarke Corners. On June 5, 1997, a letter was written by Russell B. Wagner responding to that letter.• Inasmuch as the City Staff has interpreted the "no drive-in restaurant" issue to affect my client's property, I am requesting that the issue be more fully interpreted by the City Commission or in the alternative that an Appeal be taken concerning this decision. I would like to appear before the City Commission at its July Meeting, if possible. Please let me know if there is room on the Agenda for this issue. Thank you for your attention concerning this matter. Sincerely, LYNN W: KERIGHT, P.A. i �i •��KER WRIGHT LWW:mtb cc: Mr. Louis Geys Mr. Bob Cantu Iy(�(�� shapiro.jl0 ' Y " TABLE5•1 USE REGULATIONS ZONING DISTRICT: RCE-t R-1A 13-1AAA A.1 A-2 RCE-2 11-1 P-IAA R-2 R-3 PT-1 PS C-1 C-2 C-3 1-1 1.2 'P'- PERMITTED USE. SUBJECT TO REQUIREMENTS OF THIS CODE 'S'- PERMITTED SUBJECT TO SPECIAL EXCEPTION USE NOT PERMITTED IN THIS DISTRICT AUTOMOBILE SALES (NEW AND USEDI - - - I - - S P P - AUTOMOBILE SERVICE STATION - - - • - - - - - S P P P AUTOMOTIVE WRECKING OR SALVAGE - - - - - - - - p YARDS BAR in association with a restaurant - - - - - P P r P with seats for 45 penple BOAT SALES AND SERVICE - - - - - P r . BUS TERMINAL - - - - - r r CAR WASH - - - - r r . CLINIC, DENTAL OR MEDICAL - - - - - P P P P r P COMMERCIAL, CONVENIENCE - - - - - - P r P r P COMMERCIAL. CONVENIENCE - - - - - - S P P r WITH GAS SALES COMMERCIAL. RETAIL ��✓'y� • - - - - - - - - r P I P S_ DRIVE IN RESTAURANT IBaundarles of 3 - - . - - - r r PBost fromof land yrnore no celessthen200le�.l hom any residoncel MI n n I WirtiT-S ALES S P r 1' P FUNERAL PARLOR - - - - - - - - P P r - FURNITURE REPAIR AND UPHOLSTERY - - - - - - - - - P P P - FURNITURE STORE - - - - - - • P P P L GALLERY/MUSEUM - - - - - - - - P P P GAS STATION • - - FxmBfT "A" Page 2 of 5 ARTICLE I STATUS OF LAND DEVELOPMENT CODE AND PROCEDURES FOR AMENDMENTS § 1-1 TITLE This Code shall be known and may be cited as the 'City of Ocoee Land Development Code." Except where otherwise indicated, references herein to 'the Code' or "this Code" shall be taken as references to the entire City of Ocoee Land Development Code or to the specific provision which applies to the situation in question. § 1-2 AUTHORITY This Code is adopted pursuant to the authority granted by the Florida Constitution and Laws. The City of Ocoee City Commission hereby exercises the power to classify land within the jurisdiction of the City of Ocoee into zoning districts and to review and approve or disapprove plats and plans for the subdivision and development of land. § 1-3 PURPOSE The purpose of this Code is to provide for orderly growth; to encourage the most appropriate use of land; to discourage incompatible uses of adjacent properties; to preserve and protect the environment and natural resources and beauty of the City of Ocoee; to protect and conserve the value of property; to prevent the overcrowding of land;to promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public and to help accomplish the goals and objectives of the City of Ocoee Comprehensive Plan. This Code is deemed by the City Commission of the City of Ocoee, Florida to bring the City of Ocoee into compliance with Section 163.3203, Florida Statutes. § 1-4 INTERPRETATION AND INTENT A Generally. In the interpretation of this Code, the following rules shall be observed unless such construction would be inconsistent with the Comprehensive Plan or with the manifest intent of the City Commission, or where the language of such section contains any express provisions excluding such construction. (1) All provisions, terms, phrases and expressions contained in these regulations shall be liberally construed to follow the goals, objectives, and policies of the Comprehensive Plan in order for the true intent and meaning of the City Commission to be fully carried out. No provision shall be interpreted so as to limit or repeal any other powers granted to the City under state statutes. (2) In the interpretation and application of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Where any specific provision of these regulations imposes a greater restriction upon the subject matter than a general provision of these regulations, the most specific provision shall be deemed to—be controlling. B. Effect of Private Agreements and Other Regulations. This Code shall not interfere with, annul or abrogate any easements, covenants or other agreements between parties which are not inconsistent with this Code. Adopted July 21, 1992 18001 ARTICLE I C. Computation of Time. The time within which an act Is to be done shall be computed by excluding the first and Including the last day. If the last day is a Saturday, Sunday or legal holiday recognized officially by the City of Ocoee. that day shall be excluded. D. Delegation of Authority. Whenever a provision requires the head of a department or some other City officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to qualified subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. E. Gender, Number and Tense. Words importing the masculine gender shall be construed to include the feminine and neuter. A word importing the singular number may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to Include any single person or thing. Words used in the past or present tense include the future as well as the past or present. F. Non-technical and Technical Words. Words or phrases shall be construed according to the common and approved usage of the language,except that technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Words and phrases which are defined in the Code shall be construed as so defined. § 1-5 JURISDICTION The provisions of this Code shall apply to all land, buildings, structures and uses in the incorporated areas of the City of Ocoee and to any other area authorized by law or interlocal agreement. Except as specifically provided in this Code, the provisions of this Code shall apply to all development in the City of Ocoee, and no development shall be undertaken without prior authorization pursuant to this Code. A. Exceptions (1) Previously Issued Development Permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit lawfully issued prior to the effective date of this enactment or for which application has been made prior to such date. If the development permit expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto. § 1-5.1 COMPREHENSIVE PLAN VESTED RIGHTS DETERMINATIONS A. Findings and Determinations. It is hereby found, determined and declared as follows: (1) Pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Part II, Chapter 163, Florida Statutes ('the Act"), the City of Ocoee is authorized and required to adopt a local comprehensive plan. (2) The City Commission of the City of Ocoee adopted a local comprehensive plan in accordance with the provisions of the Act on September 18, 1991 by adoption of Ordinance No. 91-28. Adopted July 21, 1992 18002 , !ff • • .. a i 1111 I! , 1 '�� - I one -- `�! — Ii — ' y,r 1 it I1 ! ant t..� \�, ,.. •--k•'''''''Y';'- I 1M ., ` s �: • '� —i • •' V � ; •\ , CLARKE CORNER SITE J -- �r ;r•r. . :��':`'Cif. Q \�-� �uh� ..111111. i •w•► a llp"��I \Q.�a ! ... s MIOSIIIIIIN -_ - • I. ,�' ju •r_ 4 C- , —7 — I • !III iiiM wa ar►rau•ar . wawa • _ .. 2\• - 01111.011.111110. 4 Q ` ` t11tI r ml ma ...A.::......ft. "LPN - \\.'s' , '• • - ---- /- . :::\•1, ,,NNIT,s_. ,.,,,,, ,,, v.,. ,...=& Nk AI 0 ommomme 11, 1•:.a. \\\\ \. 11 \ ���z' .. �p�\ \ • \; .:.� . \e\:.\a\. a.a:ia.:ic.ca \\\\\\\\. .�i-Q` ,}- ,.�� •\ ....,awe �t��Q,..\ ;.`.V.1\u\\? S \NP' . .uuI t 10\ 'asa\aCJC.W acn iaCa�\ \\C ``� \\�\ ` `• a - - Illi •aaa; . n,".1224k1� •\"\V: O \\� ;visia ; a .., • axe, kY c \\\\ •• A--I4,-. { • ,ho* 1I �� .dill I 1 - 410 • '. CITY OF OCOEE . ' • _ :• FUTURE LAND USE MAP 2010 1•� _________, b , 1.e n c- \\ <' .� iiii,:i.. ....... , "'m"sawaC0.31...AS. • , SIC*PPM "" C :. a.�...M .a... -----.vim Fus. ax --_...=..r ■ Ma , -•-- .gy m .•. malty:" ?' $ t „ 0."7.. • FIGURE 2 CPA-95-1-1 CPA-97-1-2 CPA-97-1-3 * = The areas outside of the JPA are for Planning purposes only, they do not confer any development rights, and would require a Comprehensive Plan Amendment upon incorporation into the City of Ocoee.