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Home My WebLink AboutVI (B) Special Exception Amoco-Case No. 1-35E-99: Amoco Station Agenda 5-16-2000 Item VI B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER °CCM() S.SCOTT VANDERGRIFT CITY OF OCOEE COMMISSIONERS DANNY HOWELL 150 N.LAKESHORE DRIVE SCOTT ANDERSON OCOEE,FLORIDA 34761-2258RUSTY JOIINSON 407 656-2322NANCY J.PARKER CITY MANAGER ELLIS SHAPIRO STAFF REPORT DATE: May 10, 2000 TO: The Honorable Mayor and City Commissipe, rs FROM: Robert Lewis, AICP, Principal Planner THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Amoco Station#60677 Special Exception Project# 1-3SE-99 ISSUE: Should the Mayor and City Commissioners approve a Special Exception for a proposed Amoco Station? BACKGROUND: The proposed Amoco Station site is located at the northeast corner of the intersection of Clarke Road and Silver Star Road. The subject property is approximately 1 acre in size and is zoned C-2, which allows a convenience commercial use with gas sales as a Special Exception. The property surrounding the proposed site has C-2 zoning (north, east and west - existing and proposed shopping centers) and PUD zoning (south - proposed commercial uses). The subject property is currently vacant with a few trees. The Amoco company has owned the site for several years and has had previous Special Exception approvals for this site, but those approvals have since expired. DISCUSSION: The proposed Amoco station site is completely surrounded by existing and proposed commercial uses. There is an existing convenience commercial use with gas sales site (Exxon) at the southwest corner of this intersection. The Comprehensive Plan allows no more than two of these uses at any major intersection - this proposed Amoco station would be the second. This request is simply to allow the use of a convenience store with gas sales at this location. A site plan will be processed separately if the proposed use is granted a Special Exception. Given the existing and proposed uses surrounding site, and the previous Special Exception approvals for this site, the proposed Amoco station is an appropriate use at this location. The proposed Special Exception for an Amoco station at this location was reviewed by the Development Review Committee (DRC) on April 25, 2000. The Committee voted unanimously to recommend approval of the proposed Special Exception. PoWF Protectacaees Vial arResources a(O May 10, 2000 Planning and Zoning Commission Page 2 PLANNING AND ZONING COMMISSION RECOMMENDATION: At their regularly scheduled meeting on May 9, 2000, the Planning and Zoning Commission held a Public Hearing to discuss the proposed Amoco Special Exception. The only person to speak at the Public Hearing was a representative of Amoco, who requested a corporate name change as part of the Staff Recommendation. After a brief discussion, the Planning and Zoning Commission voted unanimously to recommend approval of the Special Exception including the modification of the corporate name within the Conditions of Approval. STAFF RECOMMENDATION: Based on the recommendation of the DRC and Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners approve the Special Exception for an Amoco Station, subject to the following Special Exception conditions: 1) "This Special Exception approval shall expire twelve (12) months from the date of approval by the City Commission unless a building permit is obtained prior to such date permit being for the construction of the proposed use authorized by the Special Exception. Further, upon issuance of the building permit, the owner (or its agent) shall diligently proceed in good faith to complete construction in accordance with the terms thereof. Failure of the owner (or its agent) to proceed as aforesaid shall provide a basis for revocation of the Special Exception by the City Commission". 2) "Approval of this Special Exception does not authorize the commencement of development. Prior to issuance of a Building Permit, it will be necessary to obtain site plan approval pursuant to the provisions of Article IV of the Land Development Code. Further, compliance with all other applicable provisions of the Land Development Code shall be required". 3) "Should the uses permitted by this Special Exception be terminated or substantially modified or expanded in a manner inconsistent with the Conditions of Approval for the Special Exception, then said, the Special Exception may be revoked by the City Commission at its sole discretion". 4) "Prior to Site Plan approval, the owner will submit to the City for review and approval a drainage easement permitting the discharge of storm water to an off-site storm water collection facility. This form and content of easement must be acceptable to the City". 5) The applicant shall make a good faith effort to obtain a Certificate of Occupancy for use within six (6) months of issuance of the building permit". 6) The Special Exception for a convenient store and gasoline sales facility shall be applicable only to BP / Amoco, its direct subsidiaries, affiliated companies or successors in interest and is not transferable to another owner prior to issuance of a Certificate of Occupancy". Attachments: Copy of Public Hearing Advertisement Special Exception/Survey Drawing,date stamped May 3,2000 O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\2000P&ZSR\SR00045.doc Copy of Public Hearing Advertisement Date Published The Orlando Sentinel, Friday, April 28, 2000 Advertisement CITY OF OCOEE NOTICE OF PUBUC HEARINGS TO CONSIDER APPLICATION FOR SPECIAL EXCEPTION • (CASE NO.1-3SE-99: AMOCO STATION) • NOTICE IS HEREBY GIVEN pur- suant to•Section:4-8 (A) (2), • Ocoee Land Development , Code,that the OCOEE PLAN- NING AND'ZONING COMMIS- SION will hold a PUBUC HEAR- ING on May 9, 2000 at their ' regular session to begin at 7:30 p.mCOMMISSION willhold a d the OCOEE CITY MUB- LIC HEARING on May 16,2000 at their regular session to begin . at 7:15 p.m.Both public hear- ings will be held at their speci= fled times,or as soon thereafter as possible,in the Commission Chambers,Ocoee City Hall,150 North Lakeshore Drive,Ocoee, Florida•to consider the applica- tion filed by BP AMOCO COR- PORATION,to allow for.a SPE- CIAL EXCEPTION for AMOCO STATION -, CONVENIENCE STORE WITH • GASOLINE SALES,on certain real property located on the'northeast corner , of Silver Star.Road and Clarke , The complete case file,includ- ieg a complete legal description I of the subject property,may be • ihspected'at.the Ocoee Plan- rfing Department,'150 North Lakeshore Drive;Ocoee,Flori- da,between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,except legal hol- idays. . The Ocoee'Planningg and Zoning Commission"-or.Ocoee.City Commission may continue the public hearings to other dates and times as they deem neces- sary.Any interested party shall de advised that the dates,times, and places of any continuation of these or continued public hearings:shall be announced during the hearing and that no fyrther notices regarding these matters will be published.,_ Interested pparties may appear at the pubic hearing and be heard With respect to,the application. Any person wishing to appeal spy decision.made'during.the public hearin0.will:need a re- cbrd ol the proceedings and for this purpose may'need to en- sure that a verbatim record of the proceedings is made which includes the testimony and evi- dence upon.which the appeal is based.Persbn's with disabilities needing°assistance.to partici- pate in any.ol.the proceedings should contact the City Clerk s Office 48 hours in'advance of ' the meeting at(407)55672322: JEAN GRAFTON,CIT) CLERK.' April 28,2000-;.:t` ... • 00R3278418 ,-APR.28,2000