HomeMy WebLinkAboutV (B) Case No 1-1 SE-95: Exxon Company, USA - Special Exception AGENDA 6-20-95
Item V B
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE"
S Ocoee ` S. SCOTT VANDERGRIFT
O ��0 COMM ISSIONI?RS
4:1:44 CITY OF OCOEE RUSTY JOHNSON
•••• J1 D PAUL W.FOSTER
v 0 - 150 N. LAKESHORE DRIVE SCOTT A.GLASS
t:• (_::_ ,1 V OCOEE,FLORIDA 34761-2258 JIM GLEASON
�jJ, \ �Z` (407)656-2322 CITY MANAGER
f� Of 0000�` ELLIS SHAPIRO
SRP-494
STAFF REPORT
DATE: June 14, 1995
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, Director of Planning
SUBJ: Exxon Company, USA
Special Exception Application
Case No. 1-1SE-95 :EXXON
ISSUE
Should the Honorable Mayor and City Commissioners approve a Special
Exception for Exxon Company, USA?
BACKGROUND
Exxon Company, USA proposes to construct a convenience store, car
wash and gasoline sales facility on Lot 4 Lake Olympia Square, a
1 . 16 acre parcel located at the S.W. corner of Clarke Road and
Silver Star Road. Based upon the requirements of the Ocoee Land
Development Code, such a use is only permitted within a C-2 ,
Community Commercial District upon approval of a Special Exception.
In order to understand specific site issues affecting the Special
Exception, a Preliminary Site Plan was submitted for City staff
review. Even though the Preliminary Site Plan does not confer Site
Plan approval per se, the inclusion of that Plan within the DRC
recommendation permits the establishment of appropriate Conditions
of Approval which may then be incorporated within the Final Site
Plan approval .
DISCUSSION
The Preliminary Site Plan has had a number of technical changes
made in response to staff comments to ensure that the proposed
facility maintains high quality design standards . As proposed, the
Preliminary Landscaping Plan provides for enhanced planting and
screening within the site to help beautify the project and buffer
it from surrounding properties . Entryways have been modified to
promote efficient access to the site and minimize potential traffic
conflicts . The buildings are set back on the parcel 5 to 10 feet
further than the Code requires, and parking areas are set back an
additional 10 feet to provide more lawn area. The owner has
provided evidence that all sewer, water, and stormwater utilities
will be provided by the developer of Lake Olympia Square Shopping
Center, and it is their intent to provide building colors which
will complement the new Winn Dixie store. Additionally, the
Special Exception places limits on any substantial changes or
expansion of the use and sets a limit of six months to pull a
building permit .
The Honorable Mayor and City Commissioners
June 14 , 1995
Page 2
PLANNING AND ZONING COMMISSION RECOMMENDATION
At the regular meeting of June 13 , 1995 , the Planning and Zoning
Commission held a Public Hearing on the proposed Special Exception
Application, and after discussing a number of issues , unanimously
recommended approval in accordance with the DRC recommendation.
STAFF RECOMMENDATION
Based upon the information submitted, the applicant has
demonstrated that the proposed use will be compatible with
surrounding uses; however, certain additional issues need to be
identified to ensure that the project is developed in a timely and
appropriate manner. Accordingly, staff recommends that the
Honorable Mayor and City Commissioners approve a Special Exception
for Exxon Company, USA to construct a convenience store, car wash,
and gasoline sales facility on Lot 4, Lake Olympia Square, subject
to the following conditions :
1 . That the Final Site Plan for the facility be designed in
substantial accordance with the Preliminary Site Plans
prepared by Yang Enterprises, Inc. under RAS. NO. 4-0745 ,
submitted by the applicant as date-stamped by the City on June
7 , 1995;
2 . That the two street identification signs for the facility be
limited in height to 20 feet , that they be set back at least
10 feet from adjoining right-of-way lines , and that the sign
on Clarke Road be located within 50 feet of that entry
instead of on the corner;
3 . That the applicant make a good faith effort to obtain a
Certificate of Occupancy for the use within six months of
issuance of the Building Permit ;
4 . That the Special Exception for a convenience store, car wash
and gasoline sales facility be applicable only to Exxon
Company, USA and is not transferrable to any other owner prior
to issuance of a Certificate of Occupancy.
5 . That a Final Certificate of Concurrency be obtained for a
convenience store, car wash and gasoline sales facility prior
to issuance of a building-permit .
6 . That approval of the Special Exception is to be subject to
Special Exception Notes A, B and C as set forth on the
Preliminary Site Plan.
RBW/emk
cc: Roger Byrd, Exxon Company, USA, Owner's Authorized Agent
John Sexton, Yang Enterprises , Inc .
Paul Rosenthal , City Attorney
CITY OF OCOEE
SPECIAL EXCEPTION
CASE NO . 1-1SE-95 : EXXON
REQUESTED SPECIAL EXCEPTION
"TO CONSTRUCT A CONVENIENCE STORE, CAR WASH AND GASOLINE
SALES FACILITY IN A "C-2, COMMUNITY COMMERCIAL DISTRICT"
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" C01411310ER APPLICATION
At' -SPECIAL EXCEPTION
--" ASE NO:1-1S8-95:10000N)
. NOTICE IS HEREBY GIVEN puma:
art*Section 4-8(A1.(27.QOM"Land.
Development Cocie,othaeon= fiJfe
tiir
1S05 at 7:30 p.M.Zor as soorr
•IeNtiscetz calmN6the•OCOEE. Pit
COMMISSIONOr
Heerkig at the regular
tn.Coil Otemberw
Hat1501.4 takeshOre Dflylk.°cow
and-on Juni 20,1995 at
p.m.._or as Soon thereafter as
tilt OCOEE,CITY COMMI ON wi
hold,WPUBLIC HEARING at a
rs
session in the Commission Chashgg
Ocoee City Hall,150 North Lakeshore
Drive,Ocoee.Florida.to consider the
application filed by EXXON COMPANY,
USA, for a SPECIAL EXCEPTION to
construct a convenience store, car
wash and gasoline sales facility within a
.'C-2.Community Commercial District'.
on certain real property located at the
S.W.corner of Clarke Road and Silver
The
Road.• • ' • .
The complete case filed,Including a Ie.-
gal gesaiption of We subject property.
wisty be-Inspected at the Ocoee 13tah-
g2hattl•Pwtment.150 Melt Lakeshore
the hotiratit 1E00'a.m.
and p.m..Monday if you,at. • ••
The Planning and airing •• _-
mission or Ocoee City Comroissiott
may continue the public hearinto
other dates and times ait they
necessary.My interested party shell be
advised that the datektknes and plac-
es of any continuation of these or con-
tinued public hearings shall be an-
nounced dunng the hearing and that no
further notices regarding these matters
I wili=blished. • '.4.• ••
aiwrappeacgt thw
1.08W-flagelland 701810Switk*:.
whoi• ' wry decision
I made during Ifni public hewing may
need a record of the proceeding and
1,for this purpose may need to ensure'
that a verbatim record of the proceed-
Iings is made whichindudes the testi-
mony and evidence upon which the ap-
peal is based.Persons with disabilities ' •
needing assistance to participate in any
of the proceedings shoilid contact the •
City Clerk's oleos 48 hours in advance!
of the meeting of(407)8584322.
O18884882 • •JUN.4.1995
• :
CE,F74C11.17r\WIET
• THIS SPACE FOR l, M ,, % 1993 ;� PROJECT NO. l- I& -Q6 n.KoN
10
CITY USE ONLY !,A1(\ �4 FEE '75o.co
— '' � � '5-'41).1 DEPOSIT AMOUNT NIti
CITf_OF_OCOEE. DATE PAID 3-17-45
•EXk01u Cas a-1-,xRECEIPT NO. .s5-001.5.
`J•w• 5Ttzr and Clarke R.oQcL
CITY OF OCOEE
APPLICATION FOR SPECIAL EXCEPTION
(PLEASE TYPE OR PRINT ALL INFORMATION)
SPECIAL EXCEPTION S 750.00
(This application is only for those spacial exceptions which are consistent with the City of
Ocoee's Comprehensive Plan. All others must vibmit Comprehensive Plan Amendment
applications.)
1. APPLICANTS NAME: Exxon Company, USA. �.
APPLICANTS ADDRESS: 2180 West State Road 434, Suite 3100
,o(1Twood, Florida 32779
Attention: Mr. Roger Byrd
TELEPHONE NUMBER: (407) 869-2937
2. OWNER OF RECORD: Exxon Corporation
OWNER'S ADDRESS: 13105 Northwest Freeway
Houston, Texas 77210-4620
(If more than one owi.er, please attach additional sheets)
NOTE: A separate application fee is collected for each action sought and for non-contiguous parcels or for
parcels held under separate ownership. Upon request, payment of the above fee entitles the
applicant to a copy of the City of Ocoee's Land Development Regulations.
3. PROPERTY LOCATION:
A. DIRECTIONS TO PROPERTY: Southwest corner of Silver Star
and Clarke Roads .
B. LEGAL DESCRIPTION: ALL APPLICATIONS MUST PROVIDE THREE (3) EXECUTED,
CERTIFIED AND SEALED BOUNDARY SURVEYS FOR THE SUBJECT PARCEL, WHICH
SHALL INCLUDE A METES-AND-BOUNDS ES-AND-BOUNDS LEGAL DESCRIPTION. ATTACH SURVEY WITH
FORM-19 1
Application for Special Exception
FULL LEGAL DESCRIPTION AS EXHIBIT. SPECIFY BELOW: SECTION TOWNSHIP-
RANGESUBOIVISION-LOT-,ANO-BLOCK. AS APPLICABLE.
Section 16/Township 225/Range 28E
Legal description - Exhibit "A"
C. PROPERTY TAX ID. NO(S): I - Z Z - 7 — ;47 '-E — C — C
4. BRIEFLY SPECIFY THE DEVELOPMENT HISTORY AND OWNERSHIP OF THE SUBJECT
PARCEL(S) SINCE JANUARY 1, 1985,INCLUDING YEAR LOT WAS CREATED, PRESENT ZONING,
YEAR ANNEXED, AND PREVIOUSLY SUBMITTED DEVELOPMENT APPLICATIONS, ETC.:
Lot was created in 1992 , owner is Exxon Company, USA.
Present zoning is C-2 . Plans were previously submitted
in 1992-1993 for a service station/convenience store/
car wash.
5. PROPOSED USE OF THE SUBJECT PARCEL IF THE PRESENT APPLICATIONS) IS/ARE
GRANTED?
Convenience store, car wash and gasoline sales .
6. SPECIFY ZONING OR PARCELS IMMEDIA T r Y ADJACENT TO THE SUBJECT PARCEL
A NORTH: C-2
B. SOUTH: C-2
C. EAST: A - l 't
D. WEST: C-2
7. NUMBER OF EXISTING BUILDINGS AND EXISTING LAND USE OF THE SUBJECT PARCEL
None
8. SPECIAL EXCEPTION APPLICATIONS ARE REFERRED TO THE BOARD OF ADJUSTMENT FOR
A PUBLIC HEARING, STUDY, AND RECOMMENDATION, AND ARE THEN FORWARDED TO THE
CITY COMMISSION FOR FINAL ACTION.
9. BRIE=LY ADDRESS THE FOLLOWING:
A THE NEM AND JUSTIFICATION FOR THE REQUESTED ACTION: Per city,
regulations in a C-2 zoning a special exception is required
FORM-19 2
Application for Special Exception
for the proposed use of gas sales/convenience store/
car wash.
10. HOW WILL THE FOLLOWING ESSENTIAL SERVICES BE PROVIDED?
A. POTABLE WATER: City of Ocoee
B. WASTEWATER TREATMENT: City of Ocoee
C. STORMWATER MANAGEMENT: Master Pond
0. RECREATION: N/A
E SCHOOLS AND PROJECTED NUMBER OF SCHOOL AGE CHILDREN: N/A
F. MAIN HIGHWAY ACCESS (A traffic study may be required): Silver Star Road
and Clarke Road
G. FIRE PROTECTION (NOTE: Fre flow data will be required before final platting):
Fire Hydrant, Fire Extinguishers , Warning Signs per code
11. SUBMIT A PRELIMINARY SITE PLAN ILLUSTRATING THE FOLLOWING:
A. PROJECT NAME.
B. NAME.ADDRESS,AND TELEPHONE NUMBER OF THE APPLICANT,OWNER, ENGINEER,
AND SURVEYOR.
C. SUBMITTAL AND REVISION DATES.
D. PROMINENT NORTH ARROW.
E SCALE AT NOT LESS THAN 1' = 100'
F. A'SEAL_D"BOUNDARY SURVEY,INCLUDING A LEGAL DESCRIPTION,TOTALACREAGE,
AND SHOWING UNEAR DIMENSIONS AND SURVEY HEADINGS.
G. EXISTING AND PROPOSED ZONING OF SUBJECT PROPERTY AND ADJOINING
PARCELS.
S.
H. LOCATION MAP WHICH CLEARLY SHOWS THE SUBJECT PARCEL WITH RESPECT TO
EXISTING ROADS AND LANDMARKS.
I. LOCATION, NAME, RIGHT-OF-WAY WIDTHS, AND PAVEMENT WIDTH OF EXISTING
STREETS AND PROPOSED INGRESS AND EGRESS POINTS.
FORM-19 3
Application for Sped! Exception
J. EXISTING TOPOGRAPHY AT ONE (1) FOOT CONTOUR INTERVALS BASED ON THE
ORANGE COUNTY DATUM, IDENTIFY AT LEAST TWO (2) BENCH MARKS.
K VEGETATION TYPES, WOODED AREAS, AND LIKELY CONSERVATION ZONES.
L OMITS OF 100-YEAR FEDERAL FLOOD PLAIN AND NORMAL HIGH WATER ELEVATIONS
OF ALL LAKES AND WETLANDS.
M. IDENTIFY SOIL TYPES USING THE U.S. SOIL CONSERVATION SERVICE SYSTEM.
N. ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE BY APPLICANT
TO HELP DETERMINE COMPLIANCE WITH THE CITY OF OCOEE'S DEVELOPMENT
CODES. LIST AND ILLUSTRATE ITEMS SO IDENTIFIED:
Two ( 2) corners of the intersection are allowed to
have gas sales, presently none exist . Furthermore,
no existing site has a special exception approval for
proposed use.
12. APPLICANT SHALL SUBMIT A LIST OF THE OWNERS' NAMES AND MAILING ADDRESSES FOR
ALL PROPERTY LYING WITHIN THREE HUNDRED (300) FEET OF THE PERIMtj OF THE
SUBJECT PROPERTY, PER THE LATEST ORANGE COUNTY PROPERTY APPRAISERS AD
VALOREM TAX ROLL FAILURE TO IDENTIFY ALL ADJACENT PROPERTY OWNERS MAY CAUSE
THE SUBMIT i tL1 APPLICATION TO BE DENIED.
FORM-19 4
Application for Special Exception
CITY OF OCOEE, FLORIDA
OWNER'S AFFIDAVIT
STATE OF CLO Zi A
COUNTY OF C 2 el v -F
Before me, the undersigned personally appeared -b Cs&c.4 1.j.; - e LI rd , who being first
duly sworn on oath, depose(s) and say(s):
1. That they/she/he are/is the fee-simple owner(s) of the property legally described in this
application and that the attached ownership list is made a part of the affidavit and contains the legal
description(s) for the real property, and the names and mailing addresses of all owners having an interest
in said land.
2. That they/she/he desire(s) .-7�1,/r`1ie-t..lcr= 02c/ (.-_--NN 5;-‘,L„ e. ( 27,e.AAsiA
(specify action sought) for said property.
3. That they/she/he/ have/has appointed R.,,i_,c rZ 00
(specify himself or agent) to act as agent in their/her/his behalf to accomplish the above.
4. That they/she/he affirm(s), certif(y)(ies) and will comply with all ordinances, regulations and
provisions of the City Code of the City of Ocoee, and that all statements and diagrams submitted herewith
are true and accurate to the best of their/his/her knowledge and belief and further, that this application and
attachments shall become part of the official records of the City of Ocoee, and are not returnable.
5. That the accompanying adjacent property owners list is, to the best of their/her/his knowledge,
a complete and accurate list of the owner's names and mailing addresses for all property lying within three
hundred (300) feet of the perimeter of the subject parcel, as recorded on the latest official Orange County
Tax Rolls.
6. That pricr to the public hearing, if applicable, signs will be prominently posted on the subject
parcel not less than twelve (12) days before the application will be considered by the Planning and Zoning
Board or the Board of Adjustment, and will remain posted until final determination, after which time the
notices are to be removed and destroyed.
4:•-l-
Owryer's Signature / /
Sworn to and subscribed before me this a"`� day cf n'14-P-*LI.r1 , 19 615-, by Kcertir.-i ). dLr,f , who
is personally know to me or who produced PL,-xl, LI.?- .1 RZt vc4S LA_ as identification, and who took an
oath. 6 to-3c-734-3'7 -Coy did. ac ,r
`-----77 Az yr (7\' 12 d 2r
Nota Public J
My commission expires:
NOTARY?U LIC, ST: - - -. . ,• -
Nr:CO�S3Itss:cr .:C.- �• ! .A
BONDED TL1RU NOTARY PL`P,L:C Z D .
FORM-19 5
r
I
EXHIBIT "A"
LEGAL, DESCRIPTION
A tract of land being a portion of the Northeast 1/4 of the Southwest 1/4 of Section 16, Township
22 South, Range 28 East, Orange County, Florida, less the West 754 feet thereof and also less the
North 60 feet and the East 50 feet for road, described as follows:
Commence at the Northeast corner of Northeast 1/4 of the Southwest 1/4 of Section 16,
Township 22 South, Range 28 East also being the centerline intersection of State Road No. S-438
per D.O.T. right of way plans Section No. 75702-2601, dated 7/3V59, (Silver Star Road) and
Clarke Road. Run thence South 89^ 59'46" West along the North line of the sold Northeast 1/4
of the Southwest 1/4 a distance of 50.00 feet, thence South 00^ 31' 48" West a distance of 60.00
feet to the Point of Intersection with the South right of way line of Silver Star Road and the West
right of way line of Clarke Road, thence continue South 00^ 31' 48" West, 50.00 feet West of
and parallel to the East line of the aforesaid Northeast 1/4 of the Southwest 1/4 along the West
right of way line of Clarke Road per Parcel A. Official Records Book 4015, Page 2932, Public
Records of Orange County, Florida, a distance of 25.00 feet for the Point of Beginning thence
continue South 00^ 31' 48" West, 207.05 feet, thence North 89^ 28' 12" West, a distance of
220.50 feet, thence North 00^ 31' 48" East, a distance of 230.00 feet to a point on the south right
of way line of Silver Star Road per Parcel B, of sold Official Records Book 4015, Page 2932,
thence North 89^ 59' 46" East along and South right of way line a distance of 195.51 feet, thence
South 44^44' 13" East a distance of 35.19 feet to the Point of Beginning.
Containing 50,629 square feet or 1.1623 acres, more or less.
ZONED C-2