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Home My WebLink AboutItem #08 c. Strickland LLC (301 W Silver Star Road) Special Exception for Automobile Sales`` % 0( ( )(-> (-> florida AGENDA ITEM COVER SHEET Meeting Date October 1, 2013 Item # 2 Contact Name: Contact Number: Mike Rumer (407) 905 -3100 x 1018 Reviewed By: Department Director e Kw City Manager: Subject: Strickland LLC (301 W Silver Star Rd) Special Exception for Automobile Sales (New & Used) Project No(s): 2 -13 -SE -020 Commission District #3 — Rusty Johnson ISSUE: Should the Honorable Mayor and City Commissioners approve a Special Exception to allow automobile sales (new and used) in a C -2 zoning district located at 301 W. Silver Star Road? BACKGROUND: General Location The subject property is located on the north side of W Silver Star Road, east of the intersection of Ocoee Apopka Road and W. Silver Star Road. Parcel Identification Number(s 18- 22 -28- 0000 -00 -062 Physical Address: 301 W. Silver Star Road Property Size +/- 0.50 acres Actual land use, proposed land use and unique features of the subject property: The property was previously used as a single - family residence. The Future Land Use classification for the entire property is "Commercial" current zoning classification is "R -1A" Single- family. The Applicant has requested annexation into the City limits for potable water and sewer connection. The future land use & requested initial zoning classification of the subject property CURRENT PROPOSED Jurisdiction /Future Land Orange County / Commercial City of Ocoee / Commercial Use -Joint Planning Area Land Use Classification Jurisdiction /Zoning Orange County / "R -1A" City of Ocoee / "C -2" Classification "Single-Family Dwelling "" "Community Commercial" see ..r;�, ;ate Cctcher'.2013 L1_v Property N� ! 5r -02e The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North Commercial C -2 (Community Commercial) East Medium Density RT -1 Mobile Home South Commercial C -2 (Community Commercial West Commercial Orange County / "R -1" Discussion: According to "Table 5 -1: Permitted Use Regulations" contained in the Ocoee Land Development Code, Automobile Sales (New and Used) uses are a Special Exception in the following zoning classifications: C -2: Community Commercial, and permitted in the C -2: General Commercial and 1 -1 Light Industrial. The Land Development Code defines Special Exception as a use that would not be appropriate without restrictions throughout the zoning division or district. However, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare morals, order, comfort, convenience, appearance, prosperity or general welfare, such uses would be appropriate. (Emphasis added). In accordance with Section 4 -8.B. (2) of the Land Development Code, the proposed use must be considered in relation to the compatibility with the surrounding land uses. As previously mentioned, the adjoining land uses are commercial and medium density. Also Strickland LLC, is not proposing a collision or body shop as an ancillary use. Based on this, the use is anticipated to be compatible with the surrounding uses in the proposed location. Additionally, the proposed use is not anticipated to: • Violate the health, safety, welfare, and /or convenience of those working or owning land in the vicinity of the proposed use or structure • Impair pedestrian or vehicular movement in adjoining streets so as to violate adopted level of service standards • Result in noise, odor, glare, vibration, or other similar characteristic which is detectable at the property line and which exceeds the level which will result from permitted uses • Prevent an adjoining landowner from the legal use of his property pursuant to the Land Development Code • Violate a requirement of limitation of any applicable state or federal law or regulation • Exceed the applicable density or bulk regulations except as specifically authorized, nor shall the use or structure result in overcrowding of land or buildings • Create a fire hazard itc. Q c, a t" 2G ". tc St! :Kian(I t. 1, }'r< pt?'ty PROPOSED WAIVERS/ REQUESTS: A waiver to the minimum lot size of one acre is requested. The parcel is currently less than one acre. The City has requested the dedication of five (5) feet of right -of -way as a justification for the waiver request. The right -of- way dedication is requested to facilitate the future widening of Silver Star Road. Development Review Committee (DRC) Recommendation: The Development Review Committee (DRC) met on September 4, 2013, and reviewed the Special Exception application and Site Plan. Staff discussed remaining comments. When the discussion was finished, the DRC voted unanimously to recommend approval of a Special Exception to allow the automobile sales (new and used) in a C -2 zoning district located at 301 W. Silver Star Road. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed Strickland LLC Special Exception on September 10, 2013. City Staff presented a brief summary and overview of the requested action. After finishing its deliberations, the Planning & Zoning Commission, acting as the Local Planning Agency, voted 6 -1 to recommend approval of the Special Exception to allow the automobile sales (new and used) in a C -2 zoning district located at 301 W. Silver Star Road known as the "Strickland LLC" Property. Recommendations Based on the above analysis and the DRC and Planning and Zoning Commission recommendations, Staff recommends that the Honorable Mayor and City Commissioners approve a Special Exception to allow Automobile Sales (new and used) in a C -2 zoning district located at 301 W. Silver Star Road for Strickland LLC. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Aerial Map Color Elevation Site Plan Financial Impact: None Type of Item: (please mark with an `x') X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution City Commission Meeting Date: October 1 2013 Project. Strickland LLC Property Project Number(s): 2 -13 -SE -020 Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by Q N/A N/A N/A 301 West Silver Star Road Location Map I Pl lie o - -. S�xrrset Key -- CL Star CL o� L j U. � J .� L L a� N a� oQ' o U > cn ? 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O N L N� t6 L i :3 76 N I6 off$ L U p to c 0 m rn rn rn rn o �� °�' E c n c E p m o o 'C a V U) O C C C C C O N o O N N O p 0 7 (6 C� (A fn (n fn u) O 2 2 C"L z C7 w06 (D U J �2 Z) m Q ®N 1111111 1� •- ,a�tg�u4°r*'�{Fx,. : �. k3�w. w+ Y' �, f"' '=;�`..'"�q`s�r"'N��;.:.5 -,��@. , � i �. ,; C[VOd dVIS d3A 'M TOE 0046- LLB -Z" '3'd 'AH?JIN 'N NHOr x # - -- 3hIl ❑W ❑1f1F/ - 3 'QNb'��I�Id1S SNOISIn3M 31tla 'ON d 03 Nd3d N❑Ild3 3X3 IVI03dS T71 TNR133NI9N3 A NIN N ' Sa g3c 3 Ci W Do n UQ �i In o �S3 fr r .y x Fc0 lie, eh 4d � I 33 scum tx'((pp)) d �, 5 OP13'13' E t30.CC 8 _ 10' LANDSCAPE BU I � IU I I I I a� t a \ I a I O VE I 4o I I p i ____ 8 � i n N 1 I It o a I R 2 I I /3ddl1H 3dV0SON V7 ,01 s ` ,00'OCL ;71 - o N 1 �W I Q cQiJl I �6'§ �W Nm v1� I • 8 � ksS a !o g a � � • 11 P o KISSIMMIM AtlE t p �Ia $ h yII tit �o o gfr_5 9 fro y o` a CIRCLE KEY OR a� I m R $� `e "�.kdw as m s OCOEE- APOPKA ; O I �iNy W fr j g �£5 RoAO Z oks o Iy �� W y § Yfr� ,� .ga� •�. aS$ ,�'$�Y� �g8 �'� ` � § 8 $$ L' ' € h � � i � W •1 � W a �¢i �: � $�`� i $ 0 °3 c� 2 Date FuNished and Media Mom THURSDAY, SEPTEMBER 19, 2013 Advertisement or ArtM E4 Orlando Sentinel CITY OF OCOEE NOTICE OF IC HEARING FOR 1301 W SILVER NUMBER SPECIAL 1 20 CEPTION NOTICE IS HEREBY GIVEN, pursuant to Sub- section 4-8(A)(2) of the City of Ocoee Land Devellopment Code that on TUES- DAY, OCTOBER 1, 2013, AT 7:15 P.M. or as soon COMMISSION as Practical, PUBLICCHEEABING at the city of Ocoee Commission Chambers, 150 North Lakeshore Drive Ocoee Florlda to consider the Special excep4ion for {he Parcel identified as parcel number 18- 22 -28- 0000 - 00.062 lo- cated at 301 W Silver Star Road. The parcel is 0.50 acres. The petition would 0110w f i for "Auto Sales -New & Used use within a Comm it Commercial (C -2) Zoning District., The complete case f11e including a complete legal description by metes Ocoee o Planning epariment at 150 North Lakeshore Drive, Ocoee, Florida between The hours of 8:00 a.m. and 5:00 P.m., Monday through Fri- day, except legal holidays. The Ocoee City Commission may con- tinue the public hearing to other dates and times as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation hearings shall be announced e the hearing and no further notices re- g flrding these matters will be Pub - Ilshed. You are advised that any per- son who desires to appeal any decision made at the bubllc hearings will need a record of the proceedings and for this purpose mq need to ensure that a verbatim recorC of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Ameri- cans with Disabilities Act, Persons needing a sFecial accomrc1modation or an interpreter to articipate in this proceedin should contact the City th a1 905 -3105 vance of Beth Eikenberry, City Clerk COR1254701 9A9n013