HomeMy WebLinkAboutVI (A5) Second Reading of Ordinance No. 2003-05, Case No. RZ-02-11-09: Murcia Rezoning Agenda 1-07-2003
ItMayor ��e Center of Good GtvU7R Commissioners
VI A 5
S. Scott Vanderkn'ift �.s,,, U14% Danny Howell, District 1
i�{ Scott Anderson, District 2
City Manager - CO E, Rusty Johnson, District 3
Jim Gleason ; Nancy J. Parker, District 4
STAFF REPORT
DATE: December 4, 2002
TO: Honorable Mayor and City Commissioners
FROM: Thomas Grimms, AICP, Senior Plarule
THROUGH: Russ Wagner, AICP, Community Development Director Ojj
RE: Blanca Murcia, Applicant for rezoning of property located on the north
side of Franklin Street between Ocoee-Apopka Road and Taylor Street.
Rezoning Request RZ-02-11-09
Ordinance #2003-05
ISSUE:
Should the Mayor and City Commission adopt Ordinance #2003-05 to change the
Zoning Map for a parcel (I.D.: 18-22-28-3116-01-070) of approximately 0.18 acres from
C-1 "Neighborhood Shopping District" to C-2 "Community Commercial District" ?
BACKGROUND:
Future Land Use:
The subject property is designated "Commercial" on the Future Land Use Map (FLUM).
The adjacent properties on the north, south, east, and west, sides also have FLUM
designations of"Commercial".
Zoning:
The zoning designations adjacent to the subject property are R-1 on the north, south,
east, and west sides
Existing Land Use:
The existing land use of the subject property is single family residential, a one-story
residential structure with a shed to the rear of the house.
The existing land use on the north side of the subject property is a vacant treeless lot, on
the east side there is a vacant lot, on the south side there is a vacant lot, and on the
west side is a dentist office. The general area is a mixture of older homes, and older
commercial establishments, and vacant lots where there were residential structures.
City or°coce• 150 N Lakeshore Drive • Ocoee. Florida 34761
phony, (407)905-3100• fax: (407)656-8504• www.b.ococc.(I.us
Utilities:
The City has sewer and water available. There is a 6" potable water line running along
West Franklin Street and a 12" water line running along Ocoee-Apopka Road. Sanitary
sewer service is also available to the subject property with a 12" force main running
along Ocoee-Apopka Road. The property owner is using the City's water but is not
connected to the sanitary sewer system. A septic system is presently being used.
Traffic/ Level of Service:
According to the Ocoee Transportation Master Plan — Final Report prepared in 1998,
Franklin Street is functionally classified as an arterial road (per Figure 1-6) in the general
vicinity of the subject property, with an average daily Level of Service (LOS) "A" for the
roadway segment from Ocoee-Apopka Road to Taylor Road, which means that traffic
flows freely and vehicles operate almost completely uninterrupted. It is operating at
71% available capacity.
Natural Resources:
There are no wetlands on the subject property according to the City's Comprehensive
Plan and it is located outside the 500-year floodplain as indicated on the Federal
Emergency Management Agency Flood Insurance Rate Map (12095CO210 — Dec. 6,
2000). There are no known historic resources on the properties according to Table 5 of
the Future Land Use Element of the City's Comprehensive Plan.
DISCUSSION:
As mentioned above, the adjacent properties on the north, south, east, and west sides
also have FLUM designations of "Commercial". The JPA Future Land Use Map
designations in the area of the subject parcels has planned for this area to be developed
with commercial and industrial uses.
The existing land use pattern in this area is one of a mixture of older homes, and older
commercial and industrial establishments. Staff does not anticipate that these request
for rezoning from one commercial zoning designation of C-1 to another C-2 will generate
much concern among nearby property owners.
Both the C-1 "Neighborhood Shopping District" and the C-2 "Community Commercial
District" are consistent with the "Commercial" designation of the JPA Future Land Use
Map.
The applicant, (Blanca Murcia) did not specify exactly what kind of commercial uses
would be conducted on the property. Staff contacted the applicant and she said some
kind of small store perhaps. An on site visit revealed that there is afunctioning single
family residential structure with a shed to the rear.
Three 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 & Zoning Commission and the 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.
There is very little (0.1%) land area in the City zoned C-1 "Neighborhood Commercial
District". The C-2 "Community Commercial District" is located around transportation
nodes that do not draw a large volume of traffic. The nature of the C-1 zoning district is
oriented toward the conduct of retail trade and personal service enterprises to meet the
regular needs and for the convenience of the people in adjacent residential areas. The
C-2 zoning district is oriented toward personal and business services and the general
retail business of the local community. Traffic generated by uses will be primarily
passenger vehicles and only those trucks and commercial vehicles required for stocking
and delivery of retail goods.
A review of the City's Zoning Map does show that the C-2 zoning districts are located in
and around local residential neighborhoods. It is noted that on the south side of
Franklin Street very near to the subject parcel, there small designation of C-1 zoning,
while the majority of the commercially zoned land adjacent to or in near proximity to the
subject parcel is zoned C-2. As a result, rezoning the subject parcel would not be
setting a precedent. The majority of the commercial zoning in the area of the subject
parcel was zoned C-2 some time ago before the Beltway was constructed with an exit
onto Franklin Street. This situation has made it more appropriate to consider C-2 zoning
for this area since the construction of the Beltway with an exit onto Franklin Street
commercial activities located in this area to provide products and services to a
considerably greater population than to the immediate residential neighborhoods.
The City has sewer and water lines near the intersection of Ocoee-Apopka Road and
Franklin Street to provide services for any commercial retail operation that may be
constructed on this relatively small parcel.
The proposed use of the property for commercial retail activity does not hold any
significant potential for generation of noise, glare, smoke, particulate matter and odor,
Any such potential nuisances can be controlled with certain design arrangements during
the site plan review process, per Policy 1.3 in the Future Land Use Element of the City's
Comprehensive Plan.
Staff has determined that the proposed C-2 zoning classification is consistent with: (1)
the Ocoee-Orange County Joint Planning Area Agreement; (2) Ocoee's Comprehensive
Plan; (3) Ocoee's Land Development Code and (4) surrounding land uses and zoning
classifications. More specifically, the request is consistent and compatible with the listed
goals, objectives and policies of the Future Land Use Element of the Comprehensive
Plan.
PLANNING &ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission met on December 3, 2002 and held a public hearing
to review the request by Blanca Murcia for a change of zoning designation for her
property from C-1 to C-2. No one from the public spoke on this issue. There was a
discussion concerning the general area around the subject property and what the City
might do to facilitate redevelopment since many homes are deteriorated and there is
difficulty in leasing old retail establishments. Staff noted that current market conditions
are not conducive at this time to launch a major redevelopment effort. It was noted that
C-2 zoning is the most appropriate designation because the majority of the commercial
zoning in the area is C-2 and that the commercial orientation in this area is more toward
servicing the larger community rather than the immediate neighborhoods. There was
also discussion about the realignment of Silver Star Road in the area and smoothing out
the turns. The Planning & Zoning Commission unanimously recommended that the
zoning designation be changed from C-1 to C-2.
STAFF RECOMMENDATION:
Based on the recommendation of the Planning & Zoning Commission and the Staff
Report, the Community Development Department recommends that the Mayor and City
Commissioners find the rezoning request from C-1 to C-2 to be consistent with (1) the
Comprehensive Plan; (2) the Future Land Use Map; (3) the Land Development Code; (4)
the Ocoee-Orange County Joint Planning Area Agreement; and (5) the surrounding land
uses and zoning classifications; and, adopt Ordinance #2003-05 based upon the above
considerations.
ATTACHMENTS:
• Zoning District Descriptions
• Table 5-1 Permitted Uses
• Future Land Use Map of the area of the subject property
• Zoning Map of the area of the subject property
• Ordinance #2003-05
• Newspaper notice on rezoning
O\DOdeFI\ALL_DATA\CAPDFILE\Staff Reports\SR2002\SR02063.doc
ARTICLE V
commercial services and have convenient access to thoroughfares and collector
streets. This district is primarily intended for areas shown on the Future Land Use
Map as 'Medium Density Residential' or "High Density Residential'.
(8) RT-1 Mobile Home Subdivision District. This district is composed of certain
lands where it is desirable to attain a low to medium density residential area
consisting of mobile homes on single lots under individual ownership. This district
is primarily intended for areas shown on the Future Land Use Map as'Low Density
Residential' or "Medium Density Residential".
(9) P-S Professional Offices and Services District. The provisions of this district are
intended to apply to an area adjacent to major streets and convenient and
complementary to major commercial uses. The types of uses permitted and other
restrictions are intended to provide an amenable environment for the development
of professional office and business services. This district is primarily intended for
areas shown on the Future Land Use Map as "High Density Residential or
"Professional Service".
(10) C-1 Neighborhood Shopping District. This commercial district is for the conduct
of retail trade and personal service enterprises to meet the regular needs and for
the convenience of the people of adjacent residential areas. Because these shops
and stores may be an integral part of the neighborhood, closely associated with
residential, religious, recreational and educational uses, more restrictive
requirements for light, air, and open space are made than are provided in other
commercial districts. This district is primarily intended for areas shown on the
Future Land Use Map as "Commercial".
(11) C-2 Community Commercial District. This commercial district is intended for the
conduct of personal and business services and the general retail business of the
community. Persons living in the community and in the surrounding trade territory
require direct and frequent access. Traffic generated by the uses will be primarily
passenger vehicles and only those trucks and commercial vehicles required for
stocking and delivery of retail goods. This district is primarily intended for areas
shown on the Future Land Use Map as "Commercial".
(12) C-3 General Commercial District. This district is composed of certain land and
structures used to provide for the retailing of commodities and the furnishing of
several major services, selected trade shops and automotive repairs.
Characteristically, this type of district occupies an area larger than that of other
commercial districts, is intended to serve a considerably greater population and
offers a wider range of services. This district is primarily intended for areas shown
on the Future Land Use Map as 'Commercial".
(13) I-1 Restricted Manufacturing and Warehousing District. This district is intended
primarily for manufacturing and assembly plants and warehousing that are
conducted so the noise, odor, dust and glare of each operation is completely
confined within an enclosed building. These industries may require direct access
to rail,air or street transportation facilities; however,the size and volume of the raw
materials and finished products involved should not produce the volume of freight
generated by the uses of the general industrial districts. Buildings in this district
should be architecturally attractive and surrounded by landscaped yards. This
district is primarily intended for areas shown on the Future Land Use Map as"Light
Industrial'.
(14) 1-2 General Industrial District. This district is primarily intended for wholesale,
storage, warehousing, manufacturing, assembling and fabrication. These uses do
Adopted July 21, 1992 18103
Table of Permitted Uses (Table 5-1)
"P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other
"S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements.
= This Use is not permitted in this Zoning District
Use AA A-2 RCE-1 RCE-2 R-IA R-1 R-1AAA R-IAA R-2 R-3 I RT-1 PS C-1 C-2 C-3 I-1 I-2
z t , L vT`,N . v-xc [ r i , i r4 , pal , nA.:kj,ir- , i, .., duyn•' i t,hel 4441 wMFY � t 5y "k4 ti #VM t;-.0
Agricultural rUses t t a f ,7: a r 4 Ai , wNtr i ,$ ya 4° xt ° s e2%c rSA : x . ;:e . ,t. if. r;r1
Agrcukure P P P P P III P P P P
- - s
Agricultural Processing 111 - -
Vr-A Biwa 'dtii'4 p1&W,D` ,,V, "tM1�r strut ,+.rr`r. �T 'x �'3 i r5 i s rd y, st ck 7 “ .' r 0 v ' fir rU t'xi - t`x t tir 7._ j's4 41'7N. P.V i :{
RosldentlarUses Ski,3fm$47.1, aria,i';nrob,,LHAik; lnwi etrhac L1k "a rat�.ra`,, {@?pa •' v:4�,w. 'sat fa < .x � ,Aeorw xi: a l'Awc, " ,y, i 440;3,4 S\ scn
Adult Congregate Living Facility P P 1 P P P P P P P P -
(ACLF)
Community Residential Home, P P P P P P P P P I p -
Major '
Community Residential Home, P P P P P P P P I P P -
Minor
Dwelling, Single Family P P P P P P P P P P - - S
Dwelling, Two Family P - - - - - - - P P -
Dwelling, Multi-family - - - - I - - - - - P -
Dwelling, Mobile Home P - - - _ - - - - P
Mixel Use Development (Mixed - - - - - - - - - - - S S S S S -
use development will be allowed
PUD and special use districts
01/15/99 9:44:27 AM Page 1 Exhibit to Ordinance 99-08 \\gis_doc1\planning\ahorne\all_data\ordinanc\borrowpitsexhibitproposedArtbl5-
1adoc
Table of Permitted Uses (Table 5-1) Exhibit "A"
"P" = Permitted Use in that Zoning District
IS' = Special Exception in that Zoning District(requires advertised public hearings)
= This Use is not permitted in this Zoning District Refer to Table 5-2 for setbacks and other
development requirements.
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Agricultural Uses
Agriculture P P P P P P P P P P P
Agricultural Processing - - - - - - - -
Residential Uses
Adult Congregate Living P P P P p p p P P p
Facility(ACLF)
Community Residential P P P P P P P P P P
Home,Major
Community Residential P P P P p P p p p p
Home,Minor
Dwelling, Single Family P P P P P P P P P P - - S - - - -
Dwelling,Two Family P - - - - - - - P P
Dwelling, Multi-family - - - - - - - - - P
Dwelling,Mobile Home P - - - - - - P
Exhibit to Ordinance 2000-27
Page 1 of 7
or\millman'Jdc\table of permitted uses.doc
Table of Permitted Uses (Table 5-1) Exhibit "A"
"P. Permitted Use in that Zoning District
"S" = Special Exception in that Zoning District(requires advertised public hearings)
This Use is not permitted in this Zoning District Refer to Table 5-2 for setbacks and other
development requirements.
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 RJ RT-1 PS C-1 C-2 C-3 1-1 1-2
Mixed Use Development
(Mixed use development
will be allowed by PUD
and special use districts - - - - - - - - - - - SS S S S -
adhering to the
requirements specified in
Article IV
Mobile Home _ _ _ _ _ _ _ _ _ _ p
Development
Nursing Home - S S - - - - - - _ S - - - P P P -
Commercial Uses
Adult Entertainment _ - _ _ _ _ g - -
Establishments
Appliance Store - - - - - - - - p p p -
Automotive Body Repair - - - - - - - - p
Automobile Parking Lot - - - - - - - - P P p p
Automobile Repair - - - - - - - - S P P P
Automobile Sales(New - - - - - - - _ S P P -
and Used)
Automobile Service Station - - - - - - - - S P P P
Exhibit to Ordinance 2000-27
Page 2 of 7
o:\jwillmanUdc\table of permitted uses.doc
Table of Permitted Uses (Table 5-1) Exhibit "A"
"P" = Permitted Use in that Zoning District
"S" = Special Exception in that Zoning District(requires advertised public hearings)
This Use is not permitted in this Zoning District Refer to Table 5-2 for setbacks and other
development requirements.
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Automotive Wrecking or _ _ _ _ _ _ _ _ P
Salvage Yards
-
Bar(in association with a
restaurant with seats for 45 - - - - - - - - P P P P
people)
Boat Sales and Service - - - - - - - - P P -
Bus Terminal - - - - - - - - P P -
Car Wash - - - - - - - - P P -
Clinic, Dental or Medical - - - - - - - - - - - P P P P P P
Commercial, Convenience - - - - - - - - - - - - P P P P P
Commercial, Convenience _ _ _ _ - - - _
with Gas Sales S P P P
Commercial, Retail - - - - - - - - P P p S
Department Store - - - - - - - P P P -
Drive In Restaurant
(Boundaries of tract of _ _ _ _ _ _ _ -
land are no less than 200 P P P
feet from any residence)
Equipment Sales - - - - - - - - - - - - S P P P P
Funeral Parlor - - - - - - - P P p - 1
Exhibit to Ordinance 2000-27
Page 3 of 7
oljwillman\idc\table of permitted uses.doc
Table of Permitted Uses (Table 5-1) Exhibit "A"
"P" = Permitted Use in that Zoning District
"S" = Special Exception in that Zoning District (requires advertised public hearings)
= This Use is not permitted in this Zoning District Refer to Table 5-2 for setbacks and other
development requirements.
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Furniture Repair and
Upholstery - - - - - - -
Furniture Store - - - - - - - P P P -
Gallery/Museum - - - - - - - P P P -
Gas Station - - - - - - - S P P -
Grocery Store/ _ _ _ _ _ _ - _
Supermarket P P P
Heating and Air
Conditioning Sales and P P
Service with outside
storage
Heating,Ventilating,
Plumbing Supplies, Sales, - - - - - - - P P P -
&Service
Hospital - S S - - - - - P P P -
Hotel or Motel - - - - - - - - S P P -
Interior Decorating Store - - - - - - - - P P P -
Live Entertainment -
_ _ _ _ _ _
- -
Establishment S
Liquor Store, No on-
- - - - - - - - _ _ _
premise consumption - - P P P -
Exhibit to Ordinance 2000-27
Page 4 of 7
oajwillman\dc\table of permitted uses.doc
Table of Permitted Uses (Table 5-1) Exhibit "A" ,
"P" = Permitted Use in that Zoning District
"S" = Special Exception in that Zoning District(requires advertised public hearings)
= This Use is not permitted in this Zoning District Refer to Table 5-2 for setbacks and other
development requirements. ,
Use A-1 A-2 RCE-1 RCE-2 R-1A RA R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Miniature Golf Course/ _ _ _ _ - - p p p - �'.
Driving Range
Mobile Home and Travel - - - - p P -
Trailer Sales
Monument Sales - - - - - - - - p p
Motor Vehicle Wholesale - - - - - - - - P P P
Movie Theater - - - - - - - - P P P -
Music, Radio, TV Shop - - - - - - - - P P P -
Nursery/Garden Supply -
_ - - - - _ _ P P P -
Store
Pawn Shop - - - - - - - - P P P -
Pre-Fabricated House _ - _ _ _ _ P P -
Sales
Printing,Book Binding,
Lithograph, and Publishing - - - - - - - - P P -
Plants
Professional Offices - - - - - - - - - - - P P P P P P
Radio Broadcasting and
TV Stations, Studios, & - - - - - - - - P P -
Offices
Exhibit to Ordinance 2000-27
Page 5 of 7
oajwillman\Idc\table of permitted uses doc
Table of Permitted Uses (Table 5-1) Exhibit "A"
"P" = Permitted Use in that Zoning District
"3" = Special Exception in that Zoning District(requires advertised public hearings)
This Use is not permitted in this Zoning District Refer to Table 5-2 for setbacks and other
development requirements.
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Recreational Vehicle Park - - - - - - - - S S S
Restaurant - - - - - - - - - - - - P P PPP
Sign Painting Shop - - - - - - - P P -
Storage Warehouse - - - - - - - P P -
Veterinary Hospitals and
Kennels when confined - - - - - - - P P -
within structure
Industrial Uses
Borrow Pits - - - - - - - - S
•
Industrial Park - - - - - - - - P P
Industrial, Light - - - - - - - - P P
Industry, Heavy - - - - - - - - P
Truck Stop - - - - - - - P
Warehousing/Distribution - - - - - - - - P P
- — —
Public and Semi-Public Uses
Child Care Facilities - - - - - - - - S S - - S S S S -
Church P P P P S S S S SS S - S S S - -
Exhibit to Ordinance 2000-27
Page 8 of 7
o:\jwillmanUdc\table of permitted uses.doc
Table of Permitted Uses (Table 5-1) Exhibit "A"
"P" = Permitted Use in that Zoning District
"S" = Special Exception in that Zoning District(requires advertised public hearings)
- = This Use is not permitted in this Zoning District Refer to Table 5-2 for setbacks and other
development requirements.
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Club or Community Use - - - - - - - - - S - SS S S - -
Conservation Use P P P P P P P P P P P PP P PPP
Golf Course/Country Club P P P P P P P P P p - - - P P P P
Public Service or Utility S S S S S S S S S S S SS S SSS
Public Service, Essential P P P P P P P P P P P PP P PPP
Recreation Facility, - _ - - _ _
Commercial - - - - - - - P P P P
Recreation Facility, P P P P S S S S S S S SS S SSS
Neighborhood
School P P P P S S S S S S S SS S S - -
Telecommunications Refer to Article V, Section 5-19 and Map 5-19
Service Facilities
•
Exhibit to Ordinance 2000-27
Page 7 of 7
o\jwillmandPcgable of permitted uses-doc
City of Ocoee, Florida
Murcia Rezoning Case #RZ-02-11-09
Future Land Use Map
N e��tetofCxidC1� ,''- tiling No_-
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QQQQI 1iPAQI11
,eft 1 `41 IQIAQI 1 P1
Scale: 1 inch=500 feet _• 11111111 =I� .iiii
0 250 500 750 Feet - ■u
Printed: November 2002 1- --� s1r
LEGEND --
�al d u I Imo I
L I I
mi Subject Property lam
Unincorporated Territory grill —.1 .4 IT '-L •
and Other Municipalities Future Land Use Classification:
Low Density Residential ! ' n
Medium Density Residential
IIIII High Density Residential
EMI Professional Offices and Services 11- •� ••11
Ill Commercial _ i - rrTrirEr UI I pip
1 Light Industrial -- --- - ;
iiirouv
ME Heavy Industrial ,--- J11 — a
�_ Conservation/Floodplains i
�
Recreation and Open Space 1IIII mg Facilities/Institutional ,
Lakes and Water Bodies -� ■f
__________
■
i. s.....
City of Ocoee, Florida
Murcia Rezoning Case #RZ-02-11-09
Zoning Map
C-1 "Neighborhood Shopping" to C-2 "Community Commercial"
! ,
Ocoee Community Development „ '':':.\\\C\s‘. \•. :'1.1111.1 p.m
` a�
Department - 0al I
IhdP ION
finch=500 feet - Ara
1 `ika Mg 'Kalil /
0 - 300 600 900 Feet �� ii an
Printed. November 2002 i.al BE / ./ A •Ir if , .... m'
LEGEND 14v4 ,
.% ■iti��% %I - r-y .4��� ��� ��'/ i. 0 I . 11 - ..andOtherMunicipalities ;m ryZoning Classification: i ./f4
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n FamilyDwell
ing 1, Single Dvve g _ = ___-_ -___.__-- . . . f
RT-1, Mobile Home Subdivision District � ± ! a�a����a0� 404
R-2, One and Two Family Dwelling :'-;./ .J, 0 a70ry ,�
R-3, Multi Family Dwelling ; \\ .� : / /// _
P S, Professional Offices and Services ; w '\ 4� � •.;:•4•%-.:_.•
iii, C-1, Neighborhood Shopping c '�\ �\...;ti'�.� � . `�` �I �rcx �y :
//, C-2, Community Commercial \ \' \ ,,,_
WI C-3, General Commercial ,, �„; ��
I-1, Restricted Manufacturing ----a0 • '•
''+,
&Warehousing \ •.4,` `� �.`:•.‹ 41 ':`;:St:__ •i .' ,
1-2, General Industrial ;.:,\ �' �,\ \\:\" \\...`„:.\. i, 4 �.` �' //, PA
�
PUD-Low Densi Residential `� ` \• � //. \��l/%%l/ 1
P
PUD High Density Residential \ • /%��; %%/,
PUD Commercial t �.. , •
Lakes and Water Bodies ,,� .�\.., . \v . , :, ..
Unclassified \�\\ `. �;
� � \� \ � �.tip r� .?•�.:'''•'-' ,,,,
ORDINANCE NO. 2003-05 CASE NO. RZ-02-11-09
PARCEL I.D.: 18-22-28-3116-01-070
MURCIA REZONING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM C-1 "NEIGHBORHOOD SHOPPING
DISTRICT" TO C-2 "COMMUNITY COMMERCIAL DISTRICT", ON CERTAIN
REAL PROPERTY CONTAINING APPROXIMATELY 0.12 ACRES LOCATED
ON THE NORTH SIDE OF FRANKLIN STREET APPROXIMATELY 250 FEET
EAST OF THE INTERSECTION OF FRANKLIN STREET AND OCOEE-
APOPKA ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH
THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE
JOINT PLANNING AREA AGREEMENT; 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 (Blanca Murcia) of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an
application to the City Commission to rezone said real property, from C-1 "Neighborhood
Shopping District" to C-2 "Community Commercial District"; and
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code"), the Community Development
Department Director has reviewed said application and determined that the zoning 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 zoning 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 zoning application for consistency with the Ocoee Comprehensive Plan and the
JPA Agreement and has determined that the re-zoning requested by the Applicant, is consistent
with the Ocoee Comprehensive Plan and the JPA Agreement 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 re-zoning requested by the Applicant is consistent with
the Ocoee Comprehensive Plan and the JPA Agreement; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with official
notice thereof and with respect to the proposed rezoning of said real property; 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. RE-ZONING. The zoning classification, as defined in the Ocoee City Code,
of the following described parcel of land containing approximately 0.12 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby changed from C-1 "Neighborhood
Shopping District" to C-2 "Community Commercial District":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SECTION 3. MAP. 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 4. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City
Commission hereby finds the rezoning of the land described in this Ordinance to be consistent
with the Ocoee Comprehensive Plan and the JPA Agreement.
SECTION 5. 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
amendment 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 6. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effective immediately upon
adoption.
PASSED AND ADOPTED this day of , 2003.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED DECEMBER 26, 2002
READ FIRST TIME: DECEMBER 17, 2002
READ SECOND TIME AND ADOPTED:
JANUARY 7, 2003
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 2002.
FOLEY & LARDNER
By:
City Attorney
EXHIBIT A
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L.Oi 1; 048
I_CT 12 LOT 11
B LOGE; "A BLOCK "A" 9._OCK "A" R2
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REC 1/2' IR
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if025& 02 N. i "
IA so.aG' U 25.00' 15.00'
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O ZD.9B' (Y) O REC 1/2' IR SET 1/2' IR R/W 4
REC NAIL s NO 589'43'38'W (M)
DISC NO 0 L9 / 6723 -
75.00' 9 A
CORNER Of
PARKING 10' W 5 I
FRANKUN AVE. a 6 .
—rc — (60 R/W) — C— i qF
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EXHIBIT B
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Parcel ID: 182228311601070
0 ® 181 ft
Copy of Public Hearing Advertisement
Date Published
w Orlando Sentinel TMURSDAY, DECEMBER26, 2002 H131
Advertisement
CITY OF OCOEE Gaga anent Location
NOTICE OF PUBLIC HEARINGS TO I.
CONSIDER ORDINANCES FOR REZONINGS
MURCIA PROPERTY a GAGE MORAY 1`- - — 1' IPII,
CASE NO.R2021109 end RZ0}-I1'N n MO f`--,-.
4
NOT ICE IS HEREBY GIVEN, 15 0 and 59 O I` r
Land DevelopmentCode, Tuesday January7,900]017:15 - > T\ 1 ° Mi
soon mec tt F OCOEE C 1 COMMISSION hold pd�
2nd readingof Ordinances MI03--5 d 50050E PUBLIC HEARING t In HI tlLrN Y E L✓
Fcaee ,t Commissionc 50 N LakeshoreDrive,Ocoee. I " \r e - -•il i1_
Ocoee In e e forof certain1 1
propertycO s ) d b JasonGage1 1 1 np' L AA Li'
•) Ho.ly 10 acres). e u otherand IM Me c
north sideof Franklin Street between0 A F Road and Taylor
j—
St reel. II approved,thee 1 Ih MwouldI1
Changefromclassification C-I"Neighborhood Shopping District'to -r 1!a SmLYsa
c) cam Commercial District' and Me Gagewouldchange7_ 14 - 7t
r zoningdesignation R I'Single Family Dwelling District'I c},c SIN I � /
mo.Jtr a District',asrequested by the property owners. ¢
ORDINANCE NO.100105 u N 1 CASE NORZ 0}1109 IMF RIIA� i -TT
PARCEL ID B1]}B.n Ie01O10 a{ ).5 u
MUACIA REZONING -_T IOI ' A _��
AN ORDINANCE OF THE CITY OF OCOEE.FLORIDA,CHANGING I I '{
—
THE ZONING CLASSIFICATION FROM Gl 'NEIGHBORHOOD SHOP- I— NNN C -
PING DISTRICT*TO C}'COMMUNITY COMMERCIAL DISTRICT'.ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY D.1Z �,
ACRES LOCATED ON THE NORTH SIDE OE FRANKLIN STREET AP. _ \ �I,,
PROXIMATELY}SG FEET EAST OF THE INTERSECTION OF FRANK- _. _ �tY�V U." `
LIN STREET AND OCOE[APOPKA ROAD: PURSUANT TO THE AP- "
LIGATION SUBMITTED BY THE PROPERTY OWNER: FINDING y r I .�. „
I
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHEN- �LLI]
E PLAN.THE OCOEEOFICITY CODE,AND THE MINT PLANNING AR.G S ���
EA AGREEMENT: PROVIDING FOR AND AUTHRIZING THE REV]
CN OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. I
NORTH/^�
ORCADINANCE-NO02-}W3W I r.� r.
PARCELI N-0}-II `
PARCEL . .nlo-olosG _ _
GAGEAN I ' i 1-1
AN ORDINANCE OF THE CITY OF OCOEE.FLORIDA. CHANGING ^
E ZONING CLASSIFICATION FROM R-I 'SINGLE FAMILY REST.
DENT IAI DISTRICT'TOLY COMMUNITY COMMERCIAL DISTR ICT'. Section of the Land Development Code,the Community
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0 25 Development
to t Director
iv
ACRES LOCATED ON THE NORTH SIDE OF FRANKLIN STREET AP- lion Oev aloomenl Dim Comprehensiveithhmeoleih requested[onln9[loislll[o-
PROXIMATCLY pJ FEET EAST OF THE INTERSECTION OF FRANK TIlec mplete with the Ocoeecomplte eg ides
LIN STREET AND OCOEE-APOPHKA ROAD; PURSUANT TO THE AP- The complete case ble including a complete legal eyomeelenar metes and
P LICAT ION SUBMITTED BY THE PROPERTY OWNER; FINDING hounds.may he inspected of the Ocoee Community Development Deport.
SUCH ZONINGTO BE CONSISTENT WITH THE OCOEE HEN- I'IV)NorthLamesnore Drive,Ocoee.Florida.between t he hoursIB:W
SIVE PLAN.THE OCOEE CITY CODE,AND THE JOINT PLANNING AR. a.in.an old.,Monday through Frleor,except legal balleoys.
EA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVb
SION INCONSISTENT ORDF THE FICIALS PROVIDING FOR SEVE RAB ITY ZONING MAP, REPEALING
The Cily Commission may conlinuethe public hearings t other dons one
PROVIDING FOR AN EFFECTIVE DATE. it deems necessary.Any Interested party:boll be advised Mot the
limes
times.and places of any[ommaeaon of these or continued KIWI(
regara shell be announced during the hearings one that no further notices
ding these metiers will be Publisued.
Interested parties may appear of me public hearings and be heard with re.
madeldurino Itie public dear naAny
will need avrecord to he prroceedIngs and
for Ibis purpose may need to ensure That a verbatim record of be proceed'
ings made which includes the testimony and evidence upon which me ap-
peal based.Personswith disabililies needing assistance to participate in
pl of the proce should contra the City Clerk's Office.x hours In ad-
vance of the meeting m 1 W n 9032m5.
JEAN GRAFTON,CITY CLERK
OLSLIBI JJA Dec 25,2002