Item VI (A) Second Reading - Ordinance No. 98-15, Manheim Remarketing Limited Partnership Rezoning, Case No. R-98-04-03 Agenda 8-04-98 Agenda 7-21-98
Item VI A Item VII A 1
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S. SCOTT VANDERGRIFT
OVOcoee COMMISSIONERS
\- CITY OF O C OEE DANNY HOWELL
R y � SCOTT ANDERSON
.., 150 N.LAKESHORE DRIVE
v OCOEE, 2322 2258 SCOTT A.GLASS
NANCY J.PARKER
°V.-4
�v ,FLORIDAFLO IDA 3422
y��4 �,��� CITY MANAGER
Op 0000 ELLIS SHAPIRO
STAFF REPORT
DATE: July 15, 1998
TO: The Honorable Mayor and City Commission
FROM: Abra Home, AICP, Senior Planner`G
THROUGH: Russ Wagner, AICP, Director of Planning Or/
SUBJECT: Ordinance #98-15: Manheim Remarketing Limited Partnership Rezoning to C-3
(Case#R-98-04-03)
ISSUE:
Should the Honorable Mayor and City Commission approve Ordinance Number 98-15 rezoning
the subject property to C-3, General Commercial District?
BACKGROUND:
The Manheim property is located just east of the Orange County Administrative Annex
approximately 1,870 feet west of the intersection of Story Road and Maguire Road. The ±3.85
acre parcel is vacant and currently zoned R-3, Multiple Family Dwelling District. The subject
property has an underlying Commercial designation on the City's Future Land Use Map.
Historically, most of the land in this area was owned by the Roper family. In 1973, they
requested annexation of about 160 acres. The City approved their requests for annexation and
assigned the properties R-3, C-3, and C-4 zoning classifications. Initially, most of the property
was zoned R-3 but the properties were gradually sold to Manheim (Florida Auto Auction of
Orlando) and rezoned C-3 to accommodate their expansions.
Today, the land uses in this quadrant of the City are dominated by the Auto Auction and its
ancillary businesses. Most of the surrounding City land is zoned C-3, General Commercial
District, I-1, Restricted Manufacturing & Warehousing District, and 1-2, General Industrial
District. The principal character of the surrounding developed area is high intensity commercial
and industrial development. Pending approval of the requested rezoning to C-3, Staff
anticipates that the subject property will be developed to accommodate another expansion of
the Auto Auction.
The Honorable Mayor and City Commission
July 15, 1998
Page 2
DISCUSSION:
The subject property is not subject to the Ocoee - Orange County Joint Planning Area
Agreement since it was annexed into Ocoee prior to February 1994. The applicant has
requested an Ocoee zoning classification of C-3, General Commercial District, which would be
consistent with the property's future land use designation of Commercial.
Three Ocoee 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 City
Commission has 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. Although a wide variety of commercial uses are allowed
in the three Ocoee commercial zoning districts, an auto-related commercial business (such as
the Auto Auction) is most appropriately located in either a C-3 or I-1 zoning district.
Accordingly, the only zoning district that would allow an auto-related business and that is
consistent with the property's future land use designation is the requested C-3, General
Commercial zoning classification.
Additionally, Staff has determined that the requested C-3 zoning classification is consistent with
Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code;
(4) surrounding land uses; and (5) surrounding zoning classifications. More specifically, the
request is consistent with the listed goals, objectives, and policies of the Future Land Use
Element of the Comprehensive Plan.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On July 14, 1998, the Planning and Zoning Commission held a de novo public hearing
regarding the requested rezoning to C-3, General Commercial District. The Planning and
Zoning Commission asked questions about landscaping, buffering, traffic circulation, and
access issues. Mr. Ardaman, the applicant, stated that he was not familiar with the site plan
issues but that he understood that the Auto Auction would have to apply for site plan approval
prior to using the property. Additionally, he said that Florida Auto Auction representatives had
met with City Staff and FDOT Staff to discuss these issues. Mr. Ardaman stated that the
Florida Auto Auction would be preparing a Master Site Plan to address the concerns outlined by
the Planning and Zoning Commission Members. Staff confirmed that the Auto Auction would
need a site plan approval for the subject property. In response to the traffic safety and access
concerns, Staff referred to the State Road 50 Access Management and Intersection Operations
Study and the interim report on the Master Transportation Plan. Based upon the above
discussions, the Planning and Zoning Commission voted unanimously to recommend approval
of the requested rezoning to C-3, as recommended by Staff.
The Honorable Mayor and City Commission
July 15, 1998
Page 3
STAFF RECOMMENDATION:
The Planning Department respectfully recommends that the Honorable Mayor and City
Commission approve Ordinance Number 98-15 to enact the rezoning to C-3, General
Commercial District as requested by the Manheim Remarketing Limited Partnership in Case
Number R-98-04-03, upon finding that the application is consistent with the Ocoee:
(1) Comprehensive Plan; (2) Future Land Use Map; and (3) Land Development Code.
Attachments: Ordinance 98-15
Location Map
\\Ch129-1\c\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98026.doc
ORDINANCE NO. 98-15
CASE NO. R-98-04-03: Manheim Remarketing Limited Partnership
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM R-3, MULTIPLE FAMILY
DWELLING DISTRICT, TO C-3, GENERAL COMMERCIAL DISTRICT,
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.85
ACRES LOCATED APPROXIMATELY 1,870 FEET WEST OF THE
INTERSECTION OF STORY ROAD AND MAGUIRE ROAD 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 Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning 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 #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 3.85 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby changed from "R-3, Multiple Family
Dwelling District" to "C-3, General Commercial District":
SEE EXHIBIT "A" (METES AND BOUNDS 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. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive
Plan.
SECTION 4. 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. CONFLICTING 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 . 1998.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton. City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED July 16, 1998
READ FIRST TIME July 21, 1998.
READ SECOND TIME AND ADOPTED
, 1998.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1998.
FOLEY & LARDNER
By:
City Attorney
Exhibit A
(Ordinance 98-15)
PARCEL T.
Commence of the Northwest corner of the Southwest 1/4 of Section 19,
Township 22 South, Range 28 East, Orange County, Florida; run thence
N88'13 29"E along the East — West centerline of said Section 19 a
distance of 1869.00 feet; thence S00'19'22"E a distance of 30.00 feet to
a point on the South right—of—way line of Story Road, said point also
being the Point of Beginning; thence continue 500'19'22"E a distance of
492.49 feet: thence S88'13'29'W a distance of 340.98 feet to a point cn
the East line of the West 223 feet of the Northeast 1/4 of the Southwest
1/4 of said Section 19; thence N00'19`22"W along said East line a
distance of 492.49 feet to a point on said South right—of—way line;
thence N88'13'29"E along said South right—of—way line a distance of
340.97 feet to the Point of Beginning.
Contains 3.8539 acres or 167,874 square feet more or less.
1
Exhibit B
(Ordinance 98-15)
I
I
Manheim Remarketing Limited Partnership
Rezoning Case Number R-98-04-03
I Request to Change Zoning from R-3 to C-3
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Ocoee-Orange County Joint Planning Area Agreement -, all
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Surrounding Zoning and Location Map
Manheim Rezoning to C-3
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The Orlando Sentinel,Thursday,July 16, 1998
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER ADOPTION
OF PROPOSED REZONING
ORDINANCE NO.98-15
CASE NO.R-98-04-03:
MANHEIM REMARKETING
LIMITED PARTNERSHIP 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 August
4,1998 at 715 p.m.or as soon thereaf-
ter as practical the OCOEE CITY COM-
MISSION will hold a PUBLIC HEARING
at the City Commission Chambers.150
North Lakeshore Drive,Ocoee,Florida,
to consider on the second of two read-
ings the adoption of the following Ordi-
nance.
AN ORDINANCE OF THE CITY
OF OCOEE, FLORIDA, CHANG-
ING ZONING CLASSIFICATION
FROM R-3, MULTIPLE FAMILY
DWELLING DISTRICT TO C-3,
GENERAL COMMERCIAL DIS-
TRICT, ON CERTAIN REAL
PROPERTY CONTAINING AP-
PROXIMATELY 3.85 ACRES LO-
CATED APPROXIMATELY 1,870
FEET WEST OF THE INTERSEC-
TION OF STORY ROAD AND MA-
GUIRE ROAD PURSUANT TO
THE APPLICATION SUBMITTED
BY THE PROPERTY OWNERS;
FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PRO-
VIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL
CITY ZONING MAP;REPEALING
INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY;
PROIVIDING FOR AN EFFECTIVE
DATE.
The City Commission may continue
the public hearing to other dates and
times as they deem necessary.Any in-
terested party shall be advised that the
dates,times and places of any continu-
ation of this or continued public hear-
ings shall be announced during the
hearing and that no further notices re-
garding 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 Planning Department
150 North Lakeshore Drie,between the
hours of 8:00 a.m.and 5:00 p.m.Mon-
day through Friday,except legal holi-
days.Any person who desires to ap-
peal any decision made during the
public hearing may need a record of
the proceeding and for this purpose will
need to ensure that a verbatium record
of the proceedings is made which in-
cludes the testimony and evidence up-
on which the appeal is based.Persons
with disabilities needing assistance to
participate in any of the proceedings
should contact the City Clerk's Office
48 hours in advance of the meeting at
(407)656-2322.
JEAN GRAFTON
CITY CLERK
01_92222510 JULY 16,1998