VII (A) 2. First Reading of Ordinance No. 98-16, L.F. and Mary Ellen Roper Partnership Rezoning, Case No. R-98-04-04 Agenda 7-21-98
Item VII A2
"CENTER OF GOOD LII7.VG-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S. SCOTT VANDERGRIFT
Ocoee
0 �+ COMMISSIONERS
.R, CITY OF OCOEE DANNY HOWELL
150 N. LAKESHORE DRIVE SCOTT ANDERSON
OCOEE. FLORIDA 34761-225S SCOTT A.GLASS
NANCY J. PARKER
(4-5
jEP \\-aCITY MANAGER
Op 000D ELLIS SHAPIRO
STAFF REPORT
DATE: July 15, 1998
TO: The Honorable Mayor and City Commission
FROM: Abra Home, AICP, Senior Planner
THROUGH: Russ Wagner, AICP, Director of Planning !i
SUBJECT: Ordinance Number 98-16: L. F. & Mary Ellen Roper Partnership Rezoning to C-3
(Case#R-98-04-04)
ISSUE:
Should the Honorable Mayor and City Commission approve Ordinance Number 98-16 rezoning
the subject property to C-3, General Commercial District?
BACKGROUND:
The Roper property is located approximately 1,000 feet west of the intersection of Story Road
and Maguire Road. The ±11.9 acre parcel is vacant and 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 Florida Auto Auction of
Orlando 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.
Li'
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
Planning and Zoning Commission and 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. 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 and, after a brief discussion, the Planning and Zoning
Commission voted unanimously to recommend approval of the requested rezoning to C-3, as
recommended by Staff.
STAFF RECOMMENDATION:
The Planning Department respectfully recommends that the Honorable Mayor and City
Commission approve Ordinance Number 98-16 to enact the rezoning to C-3, General
Commercial District as requested by the L. F. & Mary Ellen Roper Partnership in Case Number
R-98-04-04, 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 98-16
Location Map
\\Ch129-1\C\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98027.Doc
ORDINANCE NO. 98-16
CASE NO. R-98-04-1)4: L. F. and Mary Ellen Roper 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 11.9
ACRES LOCATED ON THE SOUTHWEST CORNER 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-I General Commercial District(the "Rezoning"): and
_ WHEREAS, pursuant to Section ;-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 491-28, 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 \yith 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 11.9 acres Iocated 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 Chanter 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.
Al lEST: APPROVED:
CITY OF OCOEE,FLORIDA
Jean Grafton. City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED July 23. 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-i 6)
SKETCH OF DESCRIPTION
DESCRIPTION
commENCE AT THE NoRTNNEsT ocRNER OF THE SoUTMKST 7/4 OF
SECnON 19, TOINVgrp 22 SWI,, RANCE' 28 EAST, ORANGE COUNTY
FLORELk RUN THeVCE her 1.329-E ALONG THE EAST - WEST
CENTERU E OF sty SECTS:* 79 A DisTANcE OF 1x69.010 FEET:
THENCE' Rum S00'1972'E A DISTANCE OF moo FEET TO A PCVNT
ON 174E SOUTH fit-OF-4w UNE OF STORY RQAO, sAio POINT
ALSO BEING THE PONT OF BEGN IN : THENCE RUN Nad"1.7 29"E
ALONG SAID SOUTH eaf-or-molt utfie A OISTANCE OF 105310
FEET: THE? RUN 500.4 27 E A OLITANcr OF 492.41 FEET:
Ta RUN Sa8'1.3 29'11► A OISTUCE OF 1056-55 FEET: 774 £
RUN NOM 19.2?. W A QbTAPC.r OF 492.49 FEET To THE PONT OF
CONTAwS 11.9220 AGQFS OR 579174 SO1.h4Rr FEET MORE OR LESS
1
Exhibit B
(Ordinance 98-16)
. .
,.. .
•
L. F. & Mary Ellen Roper Partnership 1
Rezoning Case Number R-98-04-04
i
Request to Change Zoning from R-3 to C-3
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