HomeMy WebLinkAboutItem #05 RT-Ocoee Rezoning
AGENDA ITEM STAFF REPORT
Meeting Date: July 6, 2010
Item # 5
Contact Name:
Contact Number:
Bobby Howell, MPA t34
407 -905-3100, Ext. 1044
Reviewed By:
Development Services
Director:
City Manager:
Subject: RT Ocoee, LLC
Rezoning
Project Number RZ-09-11-08
Commission District 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve a request to rezone approximately 1.93 acres of
property known as RT-Ocoee, LLC from General Industrial (1-2) to Restricted Manufacturing & Warehousing (1-1)?
DISCUSSION:
The subject property is located on the northeast corner of Roper Parkway and Capital Court. The subject property
is approximately 1.93 acres in size and is the site of an existing building that was formerly Gianni's Transport.
There is an existing building that remains on the property from this use. The table below references the future
land uses, zoning classifications and existing land uses of the surrounding parcels:
West
Heav Industrial
Automotive bod re air uses
Direction
North
East
South
Future Land Use
Heav Industrial
Heav Industrial
Light Industrial
The applicant is requesting to rezone the subject property from General Industrial (1-2) to Restricted Manufacturing
& Warehousing (1-1). The rezoning is being requested to permit a wholesale/internet vehicle sales location where
customers will be invited onto the premises by appointment only with the appointments being setup through the
internet. The applicant is requesting the rezoning since the 1-2 zoning designation does not permit car sales as an
allowable use.
A Small-Scale Site Plan detailing the above mentioned concept is currently being reviewed by staff. Since this site
plan is Small-Scale, it is being reviewed by staff administratively and is not required to be presented to the City
Commission per the Land Development Code. The applicant has requested several waivers from the provisions of
the Land Development Code to assist in project design. The waivers will be presented to the City Commission
separately.
Rezoning the property to 1-1 is not anticipated to generate additional traffic impacts beyond those of the
surrounding industrial uses adjacent to the subject property. The applicant has agreed to place limitations in
regards to operations on the property in an effort to limit traffic impacts to the site. These use limitations include:
no transport trucks on site; and, only wholesale or internet used vehicle sales.
The property is located in the West Orange Industrial Park, which is the main industrial area in the City of Ocoee.
The proposed use is logical in an industrial park rather than a commercial area where auto sales are a permitted
use. As mentioned in the beginning of this report, the subject property is located across Roper Parkway from
several automotive related uses. Rezoning the property to 1-1 to permit the proposed use is compatible to the
surrounding area given that it is adjacent to several automotive related uses. There are several areas in the City
where used auto sales are located in the 1-1 zoning district.
The properties located immediately to the south across Capitol Court are zoned 1-1. Auto sales are a permitted use
on these properties. Any of these properties could convert to an auto sales use provided they satisfy all applicable
requirements of the Land Development Code. It is anticipated the proposed rezoning from General Industrial (1-2)
to Restricted Manufacturing & Warehousing (1-1) will result in a less intense use than can currently be permitted on
the property with the current 1-2 zoning designation.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on June 2, 2010 and reviewed the applicant's request. The
applicant was notified that all concerns in regards to the review of the project had been satisfied.
No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the rezoning
of RT-Ocoee from a designation of General Industrial (1-2) to Restricted Manufacturing & Warehousing (1-1)
subject to the execution of a Development Agreement.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission met on June 8, 2010 to consider approval of the applicant's request. After
posing questions to the applicant regarding the nature of the proposed business, and considering concerns of the
of adjacent business owners, the Planning & Zoning Commission voted to deny the applicant's request to rezone
the property from 1-2 to 1-1 by a vote of 4-4. Since the motion died as a result of a tie, a motion to approve the
rezoning request subject to the applicant supplying a sales report from the Department of Motor Vehicles on an
annual basis and execution of a Development Agreement was approved by a vote of 5-3.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners approve the proposed rezoning of RT-
Ocoee, LLC located on the northeast corner of Roper Parkway and Capital Court from a designation of General
Industrial (1-2) to Restricted Manufacturing & Warehousing (1-1) subject to the applicant supplying a sales report
from the Department of Motor Vehicles on an annual basis (or an equivalent report as set forth in the Development
Agreement) and execution of a Development Agreement.
ATTACHMENTS:
Location Map
Future Land Use Map
Zoning Map
Overall Site Plan, RT Ocoee Small-Scale Site Plan
Rezoning Ordinance
FINANCIAL IMPACT:
None.
2
TYPE OF ITEM: (please mark with an "x'j
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deot Use:
_____ Consent Agenda
Public Hearing
_____ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
3
.
.
N/A
X N/A
N/A
Q
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I
ORDINANCE NO.
(Rezoning Ordinance for RT -Ocoee)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
OCOEE "1-2" ZONING, HEAVY INDUSTRIAL DISTRICT
TO OCOEE "I-I" ZONING, LIGHT MANUFACTURING
AND WAREHOUSING DISTRICT, FOR CERTAIN REAL
PROPERTY COMPRISING APPROXIMATELY 1.93 ACRES
LOCATED NORTH OF AND ADJACENT TO CAPITOL
COURT AND EAST OF AND ADJACENT TO L.F. ROPER
PARKWAY, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN AND THE OCOEE CITY CODE
AS OF THE ADOPTION DATE OF THIS ORDINANCE;
PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
ADOPTION DATE AND AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") 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 of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
said real property to Ocoee "1-1," Light Manufacturing and Warehousing District (the "Zoning");
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 Planning Director has reviewed said
application and determined that the Zoning requested by the Owner 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");
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City ofOcoee ("PZC");
ORLA_1585515.1
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning 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 it approve the Zoning and find it consistent
with the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 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 1.93 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee "1-2" Zoning,
Heavy Industrial District to "1-1" Zoning Light Manufacturing and Warehousing District with such
change becoming effective upon the effective date of this Ordinance as provided in Section 9
below:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
ORLA_1585515.1
-2-
SECTION 3.
Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 5.
Official Zoning Map. At such time as this Ordinance becomes
effective as provided in Section 9 below, the City Clerk is authorized and directed to revise the
Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this
Ordinance and the Mayor and City Clerk are 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.
Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 7.
Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this
Ordinance.
SECTION 8.
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 9.
Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
ORLA_1585515.1
-3-
ATTEST:
PASSED this _ day of
,2010.
ADOPTED this _ day of
,2010..
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of ,2010.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1585515.1
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2010
READ FIRST TIME ,2010
READ SECOND TIME AND PASSED
,2010
UNDER AGENDA ITEM NO.
-4-
ORLA_1585515.1
EXHIBIT "A"
LOT H, WEST ORANGE INDUSTRIAL PARK UNIT TWO
PLAT BOOK 5, PAGES 84-85, ORANGE COUNTY, FLORIDA
-5-
EXHIBIT "B"
RT Ocoee LLC
Location Map
Sto
e
ORLA_1585515.1
-6-