VII (F) Discussion/ Action re: Olympia Development Group, Inc., Annexation/ Comprehensive Plan Amendment/PUD Zoning Agenda 2-02-99
FOLEY & LARDNER Item vllF
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN DIEGO
LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800 SAN FRANCISCO
MADISON ORLANDO, FLORIDA 32801-2386 TALLAHASSEE
MILWAUKEE TELEPHONE(407)023-7656 TAMPA
ORLANDO FACSIMILE(407)608-1743 WASHINGTON D.C.
WEST PALM BEACH
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0107
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: January 28, 1999
RE: Request for Interpretation of Comprehensive Plan Future Land Use Element
Policy 6.8
The City Manager is in receipt of correspondence dated January 27, 1999 from
Brian Forbes on behalf of Olympia Development Group, Inc. (copy attached). Olympia
Development is requesting that the City Commission provide direction regarding the
interpretation of the City of Ocoee Comprehensive Plan Future Land Use Element Policy 6.8,
which provides as follows:
"Where commercial development is allowed at the intersection of
major roads, no more than two (2) quadrants will be approved for
gas stations or auto related activities."
The staff recommended that Olympia Development seek an interpretation from the City
Commission.
To date, the City has not received an application for a gas station or auto related
activity within a "quadrant" which has been denied based on the provisions of Policy 6.8.
However, the City staff has from time to time received inquiries regarding their interpretation
of Policy 6.8.
Policy 6.8 was adopted as a result of specific direction from the City
Commission to deal with the potential proliferation of gas stations and auto related activities
within the City. When approached by developers, the City staff has declined to provide a
narrow interpretation of a Commission initiated policy and advised developers that they should
seek specific direction from the City Commission if they had questions. It is likely that the
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staff would construe the entire Olympia Development PUD as being part of a "quadrant" in the
absence of any specific direction to the contrary from the City Commission.
Potential interpretations of Policy 6.8 include the following:
(1) Quadrant means "corner" in which case Policy 6.8 would apply only to
the 4 lots at the corner intersection.
(2) Quadrant involves a site specific analysis and includes the entire
development located at an intersection. Under this interpretation, the
Policy would apply to the entire Olympia Development PUD.
(3) A quadrant extends a specified distance from the intersection and any
lots located beyond that specified distance would not be subject to the
Policy.
(4) Quadrant means all of the land area located between the point of an
intersection of two (2) major roads and the nearest full access drives of
the commercial project. This is the interpretation requested by Mr.
Forbes.
It is recommended that the City Commission advise the staff and Olympia
Development regarding its interpretation of Policy 6.8
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Attachment
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January 27. 1999
Ellis Shapiro, City Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
Re: Olympia Development Group, Inc., Annexation/Comprehensive Plan
Amendment/PUD Zoning
Dear Mr. Shapiro:
At our meeting on January 21, 1999 concerning the proposed annexation, comprehensive plan
amendment and PUD zoning of the property located southeast of the intersection of Clarke and Silver Star
Roads, we discussed Olympia's desire, as the proposed developer of the PUD, to include "gas station" and
"auto-related uses" as permitted uses on a portion of the PUD property. It was agreed that before doing so.
and in advance of the hearings on these matters, we would seek guidance from the City Commission as to
the meaning of the term "quadrant" as used in Land Use Policy 6.8 which states: "Iwjhere commercial
development is allowed at the intersection of major roads, no more than two (2) quadrants will be
approved for gas stations or auto-related uses." Please consider this to be our request that the matter he
scheduled for consideration by the City Commission at its February 2, 1999 meeting.
In order to define the meaning of the term "quadrant" as used in the Land Use Policy 6.8. one must
look to the intent and desired effect of the Policy. One might conclude that in adopting a policy limiting
gas stations and auto-related uses to no more than two quadrants of a major intersection. the Commission
was trying to avoid the "gas station on every corner" syndrome which has plagued many communities
throughout Florida. This is understandable from a planning standpoint because such situations can reduce
the aesthetic quality and image of a community.
One interpretation is that the term "quadrant" means the lot or site directly at the intersection (i.e.,
the corner)of two roads. If you make the assumption that the underlying intent of Land Use Policy 6.8 was
to avoid the "gas station on every corner" syndrome, such would he a reasonable interpretation. Why then
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Ellis Shapiro, City Manager
January 27, 1999
Page 2
was the term "quadrant" used instead of the term "corner"? Perhaps because there was some concern that
the term "corner" might be too narrowly construed.
The Merriam-Webster Dictionary defines a quadrant as "any of the four quarters into which
something is divided by two lines intersecting each other at right angles." In this instance, the two lines
are the center lines of Silver Star and Clarke Roads. But, how far does the quadrant extend from the
intersection? Does the "quadrant"extend 100 feet from the center into each quarter or does it extend 1 mile
from the center into each quarter?
Clearly, the Commission does not want to use an arbitrary distance or measure to define a
"quadrant." It wants a reasonable and supportable definition of the term; one that can be used to fairly
apply Land Use Policy 6.8 in the future. If the Commission is unable to conclude that the term "quadrant"
means the"corner" parcel,then we suggest that the term "quadrant" he defined, at least in situations similar
to that of Olympia's property, to mean all of the land area located between the point of an intersection of
two major roads and the nearest full access drives of the commercial project. State and local access
management regulations will ensure a reasonable minimum "quadrant" (or "corner" if you wish). Such an
interpretation would both satisfy the Policy's intent of preventing a "gas station on every corner," and
provide a fair and supportable policy for future application.
Thank you for your consideration in this regard.
Sincerely,
Brian D. Forbes
BDF/mba
c: w/enclosure
Paul E. Rosenthal, Esquire
T. Edward Entreken
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