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HomeMy WebLinkAboutItem #09 MGF Development/Dr. Aboud Variance - Blackwood Ave. AGENDA ITEM COVER SHEET Meeting Date: April 18, 2006 Item # 9 j !.~ ~~ '.jT' , .. ----... Contact Name: Contact Number: Terry L. James 407 -905-3100/1018 Reviewed By: Department Director: City Manager: Subject: MGF DeveloPDlentIQr. Aboud Variance 1161 BlackWood Avenue Project #: VR-IO-28-05-1 Background Summary: The original approval of the Wal-Mart Supercenter provided for restrictions to signage. Condition #18 stated that " . .. all outparcel users will conform to the master architectural, signage, lighting, and landscape plan prepared by Wal-Mart." (Emphasis added). Lot # is an outparcel was subject to these restrictions. On July 19, 2005, the City Commission approved an amendment to the Wal-Mart PreliminaryIFinal Subdivision Plans and Agreement modifying the master signage plan to allow this site to conform to the less restrictive Land Development Code Subsection 6-14. These changes are as follows: W AL-MART MASTER LAND DEVELOPMENT CODE SIGNAGE PLAN SUBSECTION 6-14 IOO square feet of signage for each outparcel. If a Signage totaling 220 square feet with wall signs that could monument sign is included, then 36 square feet range from 25 to 36 square feet; the monument sign would maximum, but deducted from the overall IOO remain at 36 square feet, but would not be deducted from square feet. the other signage footage. On October 27,2005, the Community Development Department received an application requesting a variance from the LDC Subsection 6-14 to place an additional 36 square foot wall sign on the rear ofthe building facing Blackwood (See attached site plan for the sign location and the proposed sign). The application stated that the signage was needed on Blackwood Avenue since this roadway was well traveled, and the small addition in signage was necessary for the commercial viability of the medical office. Issue: Should the Mayor & City Commissioners approve a variance request by MGF Development/Dr. Aboud regarding increased square footage and location of signage on the building outside of code requirements? Recommendations: Based on the above report and the recommendations of the Board of Adjustment, Staff recommends that the Mayor and City Commission make a finding under Subsection 4-9 B. (2) and (3), that: . The reasons set forth in the application do not justify granting a variance; . the denial of the variance will still allow for the reasonable use of the land and buildin2; and . the granting of the variance will not be in harmony with the general purpose and intent of these regulations and will be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. Staff further recommends that the Mayor and City Commission deny the MGF/Dr. Adoud variance request regarding increased square footage and location of signage on the rear of the building. Attachments: LDC Subsection 4-9: Variance Location Map Zoning Map Proposed sign & sign location Pressman E- Mails City Attorney Review CommentslE. Storey, dated December 1,2005 Community Development Review Comments/C. Armstrong, dated December 2, 2005 Health Central Letter, dated March 23, 2006 Financial Impact: Unknown Type of Item: (please mark with an "x") ~ Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's Deat Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda _____ Original Document/Contract Attached for Execution by City Clerk _____ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A 2 Commissioners Gary Hood. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Joel Keller. District 4 Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT TO: The Honorable Mavor and City Commissioners FROM: Terry L. James, AICP Principal Planner DATE: March 30, 2006 RE: MGF Development/Dr. Aboud Variance 1161 Blackwood Avenue Project #: VR-10-28-05-1 ISSUE: Should the Mayor & City Commissioners approve a variance request by MGF Development/Dr. Aboud regarding increased square footage and location of signage on the building outside of code requirements? BACKGROUND: The original approval of the Wal-Mart Supercenter provided for restrictions to signage. Condition #18 stated that "... all outparcel users will conform to the master architectural, signage, lighting, and landscape plan prepared by Wal-Mart." (Emphasis added). Lot # is an outparcel was subject to these restrictions. On July 19,2005, the City Commission approved an amendment to the Wal-Mart Preliminary/Final Subdivision Plans and Agreement modifying the master signage plan to allow this site to conform to the less restrictive Land Development Code Subsection 6-14. These changes are as follows: W AL-MART MASTER LAND DEVELOPMENT CODE SIGNAGE PLAN SUBSECTION 6-14 100 square feet of signage for each outparceL If a Signage totaling 220 square feet with wall signs that could monument sign is included, then 36 square feet range from 25 to 36 square feet; the monument sign would maximum, but deducted from the overall 100 remain at 36 square feet, but would not be deducted from square feet. the other signage footage. On October 27, 2005, the Community Development Department received an application requesting a variance from the LDC Subsection 6-14 to place an additional 36 square foot wall sign on the rear of the building facing Blackwood (See attached site plan for the sign location and the proposed sign). The application stated that the 1 signage was needed on Blackwood Avenue since this roadway was well traveled, and the small addition in signage was necessary for the commercial viability of the medical office. DISCUSSION: General: The Wal-Mart Supercenter project required a stricter criteria for the office-only outparcels to insure an attractive design to compliment Health Central Hospital campus located across Blackwood Avenue. Health Central has one sign along its entire frontage on Blackwood Avenue. To provide for a distinct visual buffer on Blackwood Avenue between the Hospital and the Walmart Supercenter, the front entrances for these outparcels were designed to face west away from Blackwood Avenue toward the Supercenter. The entrances located on the Blackwood Avenue side are rear entrances only; they are not entrances for the general public and operate only as an employee or emergency entrance. The proposed location requested for the additional signage is at this rear entrance. Medical offices do not require the same location of signage that retail or other commercial development need. Signage for retail or other commercial development is used to pull traffic off the roadway since some potential customers make decisions to patronize these stores as they "pass-by" the location. Medical offices, on the other hand, do not pull in this "pass-by" traffic because physicians prescribe medical procedures, and customers/patients then seek out specific medical offices for their particular course of treatment. The signage criteria for these buildings were purposely restricted for that reason. Staff Findings: According to Subsection 4-9 A., the variance application/applicant must demonstrate: (1) That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements. There are no unique conditions that exist for this particular parcel. All outparcels along Blackwood Avenue are oriented with the front entrances facing the Walmart Supercenter and require the same location and square footage in accordance with subsection 6-14 of the Land Development Code. When the Planning Staff and the City Attorney issued review comments on the initial signage request, the applicant did not respond to those comments, and requested that the variance application be moved forward to the BoA. The application/applicant did not demonstrate that special conditions and circumstances exist that are unique to the property to justify granting the variance for signage. (2) That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions. As indicated above, the applicant is subject to the same regulations as other properties with similar conditions under subsection 6-14 of the LDC. Under this subsection, the applicant could install a sign on the side of the building (north or south side). Coupled with the additional space on the monument sign located on the Blackwood side (rear or east side of the building) and the signage on the front of the building would give the property a total of three signs. The application/applicant did not demonstrate that the literal interpretation of the LDC Subsection 6-14 2 (signage) would deprive the applicant of rights commonly enjoyed by others in similar conditions. (3) That the special conditions and circumstances do not result from the actions of the applicant. No special conditions and circumstances resulting from the actions of the applicant were shown. (4) That the granting of the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or required subdivision improvements under similar conditions. The addition of the requested signage at the rear of the building would allow this particular parcel to have additional signage not allowed by other parcels located on Blackwood Avenue, and would negate the purpose of the upgraded signage code contained in Subsection 6-14. The granting of this variance will confer special privilege on the applicant by allowing the increase in signage that is denied to others under similar conditions. The additional findings under Subsection 4-9 B. (1), (2), and (3), that: . An appropriately noticed public hearing was held for the proposed variance; . the reasons set forth in the application do not justify granting a variance; . the denial of the variance will still allow for the reasonable use of the land and buildiDl~; and . the granting of the variance will not be in harmony with the general purpose and intent of these regulations and will be iniurious to the surrounding territory, or otherwise be detrimental to the public welfare. BOARD OF ADJUSTMENT: On Thursday, March 23,2006, the Board of Adjustment (BoA) held a public hearing on the requested variance application. After the presentation and minor clarifications by Staff, the applicant's representative, Todd Pressman, gave a presentation on the reasons why Dr. Aboud is requesting the variance to allow for the additional signage square footage, and the location of the sign on the designated rear portion of his tenant space. The applicant's reasons are as follows: . The orientation of the building facing inward to the Walmart in the west makes the rear of the building (east facing Health Central) on a major street. This situation was not the fault of the applicant, but was "forced to exist" because of the required City design standards for the Walmart Supercenter PUD; . The rear of the building prohibits signage under the LDC making it a hardship on the applicant since no other business in Ocoee is prohibited from having signage on a major street; . Dr. Aboud has a unique and close relationship with Health Central since the doctors at the hospital refer 21 to 26 patients a week to the West Coast MRI facility that Dr. Aboud owns. Mr. Pressman indicated that 24 square feet is allowed on the south side of the building and he would propose to increase that square footage 12 feet to a total of 36 feet and place that sign on the Blackwood Avenue side of the building facing the hospital. Commissioner Cox asked if the applicant knew about the sign limitations before he rented the space, and then indicated that since these regulations were in place when Dr. Aboud rented the space it was a case of "buyer beware" not hardship. Staff indicated that the area was purposely designed to have the buildings facing west with the rear facing 3 Blackwood Avenue in order to have a clean uncluttered boulevard on Blackwood to complement the Health Central and separate the hospital from the Walmart Supercenter. Chairman Resnik stated that given the relationship between the doctors at Health Central referring patients to Dr. Aboud at West Coast MRI, he did not see that the sign was needed since potential customers were referred for medical procedures not simply persons driving by the facility and deciding that they needed the MRI medical procedure. He also stated the West Coast MRI facility was located north of the full intersection that was the main entrance to Health Central and the Walmart Supercenter that the sign on the south side of the building would be effective. Russ Wagner, the Community Development Director, provided some historical information, and clarified some issues as follows: . When the Walmart Supercenter was proposed, Health Central expressed concern over the impact of this new development on their hospital facility. The restrictions were purposely placed on the Walmart Supercenter and the associated out-parcels to alleviate these concerns. The hospital was particularly concerned about the Blackwood Avenue outparcels. As a result of negotiations with Walmart, these Blackwood Avenue outparcels were deliberately faced west with the rear of the buildings facing Blackwood. In addition, retail tenants were prohibited, and only office services and medical-related operations would be allowed in the Blackwood A venue outparcels. . The variance request is premature since the applicant had not exhausted all remedies to his alleged sign problem. He has chosen not to utilize all the signage opportunities that are allowed under the Land Development Code. The applicant has not placed a business sign on the monument sign at the north side driveway nor has he placed the 24 square foot sign allowed on the south side of the building. The hearing was then opened for public comment. Doctors Fravel and Stokes, the owners of the building south of West Coast MRI asked questions concerning the modification to the Walmart Signage Master Plan. Chairman Resnik indicated that this was not germane to the issue concerning this variance application and suggested that the doctors speak with Staff after the meeting. After a short discussing among the Board members, the Board of Adjustment voted 4 to 1 to recommend denial of the MGF DevelopmentlDr. Aboud variance request application for increasing the square footage of the signage and placing a sign on the rear of the building. The City received a letter from Health Central Hospital, dated March 23, 2006 supporting the Staffs recommendation of denial. (See attached) RECOMMENDA nON: Based on the above report and the recommendations of the Board of Adjustment, Staff recommends that the Mayor and City Commission make a finding under Subsection 4-9 B. (2) and (3), that: . The reasons set forth in the application do not justify granting a variance; . the denial of the variance will still allow for the reasonable use of the land and buildine:; and . the granting of the variance will not be in harmony with the general purpose and intent of these regulations and will be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. Staff further recommends that the Mayor and City Commission deny the MGF/Dr. Adoud variance request regarding increased square footage and location of signage on the rear of the building. 4 Attachments: LDC Subsection 4-9: Variance Location Map Zoning Map Proposed sign & sign location Pressman E- Mails City Attorney Review Comments/E. Storey, dated December 1,2005 Community Development Review Comments/C. Armstrong, dated December 2, 2005 Health Central Hospital Letter, dated March 23,2006 O:\Staff Reports\2006\SR06025 _ TJ _ MGFDevelopment_Aboud _Variance _ CC.doc 5 City ofOcoee Land Development Code 4-9. VARIANCES. The Board of Adjustment may recommend and the City Commission may grant a variance from the terms of these regulations when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary hardship. Such variance shall not be granted ifit has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted by the City unless and until: A. Application. A written application for a variance is submitted with the application fee demonstrating: (1) That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements; (2) That a literal interpretation of the prOVISIons of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That the granting of the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or required subdivision improvements under similar conditions. No pre-existing conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance. B. Findings. The Board of Adjustment shall make findings that the requirements of this section have been met: (1) A public hearing on the proposed variance shall be held. The public hearing may be held prior to or simultaneously with the public hearing for approval of the Preliminary Plan. Both the Board of Adjustment and City Commission public hearings must be advertised in a newspaper at least seven (7) days before each hearing. All property owners within 300 feet of the subject property must also be notified by mail at least seven (7) days prior to the hearing date. This notice may include information on both the Board of Adjustment and City Commission hearings if the item goes before both Commissions. If the hearing information for the City Commission meeting is not available at the time the notices must be sent for the Board of Adjustment meeting, a second notice to property owners must be mailed seven (7) days before the City Commission hearing detailing the meeting time, place, and other particulars. (2) The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance which would make possible the reasonable use of the land, buildings, or other improvements. (3) The Board of Adjustment shall make further finding that the granting of the variance would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. C. Board of Adjustment and City Commission Action. In recommending any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with these regulations and the City Commission may approve such conditions. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations and Chapter 65-2015, Laws of Florida. File: C:\Docurnents and Settings\szink.OCOEE\Local Settings\Ternporary Internet Files\OLK55IWariance_LDC_ss 4-9_word.doc Page 1 of 1 MGF Development/Aboud Variance Location Map LAKE BENNET 9 Colonial Drive 000000 00 00 o 0 o 0 o 0 o 0 o 0 00 0 o 00 000000 Cl o o S ~ u <( .......J co Q) o c CO .i: C. 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J ~ D- III tH II j j . 1 s f ~ T I ~ :I ! } . ~ ~ I I , I I i!Il @ - ., ~ '\.. * .....~ ,1'q d' ~ f f !3 f · lJJ i tit ! d!dt II " It 2r s -.1J' - wnuM.... pooll,)j;)DlB ~ ~ 4 1-----0 - ... ...--:l ~J ""\ I t:~. 0 ~~~--"I ,e · ~ h Page 1 of3 Zink, Sharon From: Presslnc@aol.com Sent: Tuesday, February 28, 2006 9:34 AM To: James, Terry Cc: Zink, Sharon; Armstrong, Catherine Subject: Re: FW: Pressman: Schedule In a message dated 2/28/2006 9:29:20 AM Eastern Standard Time, ljames@cLocoee.f1.us writes: The City of Ocoee is processing your application, and has tentatively scheduled the Board of Adjustment for March 23, 2006. Since the Board meets as needed the City Clerk is in the contacting the board members to determine if a quorem is available on that date. I will contact you as soon as we get a definite on the date. I have attached the subsection 4-9. of the Land Development Code. This subsection defines the criteria for granting a variance. If you have any questions, contact me at the numbers/addresses below. Terry L. James, AICP Principal Planner City of Ocoee Planning Division-Community Development Department 150 North Lakeshore Drive Ocoee, FL 34761 tjames@ci.ocoee.fl.us 407 -905-3100/1018 407 -905-3158 (fax) -----Original Message----- From: Zink, Sharon Sent: Friday, February 24, 2006 10: 12 AM To: 'Presslnc@aol.com' Cc: Armstrong, Catherine; Storey, Edward; James, Terry; Alexander, Carolyn; Wagner, Russ Subject: RE: Pressman: Schedule UPDATE: 2/24/06 Dr. Aboud Variance VR-10-28-05-1 Mr.. Pressman: As we discussed on the phone this morning, the TSRC meeting that was to have taken place on Monday, February 27,2006 at 2:00 PM has been canceled per your request. I understand that you have chosen to go directly to the Board of Adjustment with your project. Since the Board of Adjustment meets on an 'as needed' basis, when the City of Ocoee receives your letter requesting to bring Dr. Aboud Variance to the BOA, I will arrange with the members to schedule a meeting, and notify you. Catherine Armstrong's email iscarmstrong@cLocoee.fl.us Sharon 2/28/2006 Page 2 of3 Sharon L. Zink Administrative Assistant Planning Division City of Ocoee 150 N Lakeshore Dr Ocoee, FL 34761 407-905-3157 szink@docoee.fl.us From: Presslnc@aol.com [mailto:Presslnc@aol.com] Sent: Tuesday, February 14, 2006 11:07 AM To: Zink, Sharon Subject: Re: Pressman: Schedule In a message dated 2/14/200610:05:03 AM Eastern Standard Time, szink@ci.ocoee.f1.uswrites: The Technical Staff Review meeting to discuss tl}e Staff comments regarding Dr. Aboud's variance (VR -10-28-05-1 ) Monday, February 27 at 2:00 PM, Ocoee City Hall, 150 N. Lakeshore Drive, Ocoee, FL 34761 Thank you. Sharon Sharon L. Zink Administrative Assistant Planning Division City of Ocoee 150 N Lakeshore Dr Ocoee, FL 34761 407-905-3157 szink@docoee.fl.us From: Presslnc@aol.com [mailto:Presslnc@aol.com] Sent: Monday, February 13, 2006 12:55 PM To: Zink, Sharon Subject: Pressman: Schedule Got you here. Ok. Thanks! T odd Pressman, President, Pressman & Associates, Inc. 28870 US Highway 19, N., Suite #300 Clearwater, FL 33761 Phone 727-726-VOTE (8683) Fax, 727-725-2933 Alternative Fax, 727-669-8114 Cellular phone 727-804-1760 My preference is to do this by conference call. I am well familar with the site and I believe 2/28/2006 Page 3 of3 that we will talk mostly about zoning theory type signage issues. Todd Pressman, President, Pressman & Associates, Inc. 28870 US Highway 19, N., Suite #300 Clearwater, FL 33761 Phone 727-726-VOTE (8683) Fax, 727-725-2933 Alternative Fax, 727-669-8114 Cellular phone 727-804-1760 I appreciate the head's-up. The only thing I would like to mention is that my wife is out of town that week, and I do not know what time your Board normally meets. Thanks. Todd Pressman, President, Pressman & Associates, Inc. 28870 US Highway 19, N., Suite #300 Clearwater, FL 33761 Phone 727-726-VOTE (8683) Fax, 727-725-2933 Alternative Fax, 727-669-8114 Cellular phone 727-804-1760 2/28/2006 Zink. Sharon From: Sent: To: Cc: Subject: Presslnc@aol.com Friday, February 24,200610:45 AM Armstrong, Catherine Zink, Sharon Pressman: Aboud Variance Attachments: ocoee.move.doc ~~l c:!J ocoee. move.doc (11 KB) Thanks for your consideration to move ahead to the BOA. I am attaching a formal letter asking for the Board hearing. I am going to take the areatest libertv in asking that before you pick a date that there may be the chance that we can touch base to be sure it is a date that I am not scheduled with another public hearing? I would appreciate that consideration. Thanks. Todd Pressman, President, Pressman & Associates, Inc. 28870 US Highway 19, N., Suite #300 Clearwater, FL 33761 Phone 727-726-VOTE (8683) Fax, 727-725-2933 Alternative Fax, 727-669-8114 Cellular phone 727-804-1760 1 Page 1 of2 Zink, Sharon From: Zink, Sharon Sent: Friday, February 24, 2006 10: 12 AM To: 'Presslnc@aol.com' Cc: Armstrong, Catherine; Storey, Edward; James, Terry; Alexander, Carolyn; Wagner, Russ Subject: RE: Pressman: Schedule UPDATE: 2/24/06 Dr. Aboud Variance VR-10-28-05-1 Mr.. Pressman: As we discussed on the phone this morning, the TSRC meeting that was to have taken place on Monday, February 27, 2006 at 2:00 PM has been canceled per your request. I understand that you have chosen to go directly to the Board of Adjustment with your project. Since the Board of Adjustment meets on an 'as needed' basis, when the City of Ocoee receives your letter requesting to bring Dr. Aboud Variance to the BOA, I will arrange with the members to schedule a meeting, and notify you. Catherine Armstrong's email iscarmstrong@cLocoee.f1.us Sharon Sharon L. Zink Administrative Assistant Planning Division City of Ocoee 150 N Lakeshore Dr Ocoee, FL 34761 407-905-3157 szink@ci. o~oee. fI us From: PressInc@aol.com [mailto:PressInc@aol.com] Sent: Tuesday, February 14, 2006 11:07 AM To: Zink, Sharon Subject: Re: Pressman: Schedule In a message dated 2/14/200610:05:03 AM Eastern Standard Time, szink@cLocoee.fl.us writes: The Technical Staff Review meeting to discuss the Staff comments regarding Dr. Aboud's variance (VR-1 0-28-05-1) Monday, February 27 at 2:00 PM, Ocoee City Hall, 150 N. Lakeshore Drive, Ocoee, FL 34761 Thank you. Sharon Sharon L. Zink Administrative Assistant Planning Division City of Ocoee 150 N Lakeshore Dr 2/24/2006 Page 2 of2 Ocoee, FL 34761 407-905-3157 szink@ci.ocoee. fl.us From: Presslnc@aol.com [mailto:Presslnc@aol.com] Sent: Monday, February 13, 2006 12:55 PM To: Zink, Sharon Subject: Pressman: Schedule Got you here. Ok. Thanks! Todd Pressman, President, Pressman & Associates, Inc. 28870 US Highway 19, N., Suite #300 Clearwater, FL 33761 Phone 727-726- VOTE (8683) Fax, 727-725-2933 Alternative Fax, 727-669-8114 Cellular phone 727-804-1760 My preference is to do this by conference call. I am well familar with the site and I believe that we will talk mostly about zoning theory type signage issues. Todd Pressman, President, Pressman & Associates, Inc. 28870 US Highway 19, N., Suite #300 Clearwater, FL 33761 Phone 727-726-VOTE (8683) Fax, 727-725-2933 Alternative Fax, 727-669-8114 Cellular phone 727-804-1760 2/24/2006 = FOLEY FOLEY & LARDNER LLP ATTORNEYS AT LAW MEMORANDUM CLIENT-MATTER NUMBER 020377-0759 TO: Carolyn Alexander, DevelopmentReview Coordinator FROM: Edward A. Storey Esq., Assistant City Attorney DATE: December 1,2005 RE: 1161 Blackwood Avenue - Variance (Project No. VR-10/28/05-1) (First Review) In connection with the above-referenced project, we have reviewed the following documents: 1. Letter from Pressman & Associates, Inc. to Mrs. Armstrong dated October 21, 2005 and stamped received by the City ofOcoee on October 27,2005; 2. Application for Variance stamped received by the City of Ocoee on October 27, 2005 (the "Application"); 3. Letter of Authorization from Pressman & Assoc., Inc. to the City ofOcoee; 4. Topographic Survey prepared by CEMS Consultants, Inc. stamped received by the City ofOcoee on October 27,2005 (the "Survey"); and 5. Site Layout Plan prepared by Unroe Engineering stamped received by the City of Ocoee on October 27,2005 (the "Plan"). Based on our review of the documents noted above and pursuant to the Land Development Code, we have the following comments: 1. Section 4-9 of the Ocoee Land Development Code describes the criteria by which a variance my be granted. The applicable portion of this Section reads as follows: ORLA_392075.1 FOLEY & LARDNER LLP : FOLEY S 4-9. VARIANCES. The Board of Adjustment may recommend and the City Commission may grant a variance from the terms of these regulations when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted by the City unless and until : A. Application. A \\Intten application for a variance is submitted with the application fee demonstrating: (1) That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements; (2) That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That the granting of the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or required subdivision improvements under similar conditions. No pre-existing conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance. The Application submitted does not specify the provision(s) of the Land Development Code from which the applicant wishes to obtain a variance. In addition, the Application does not address any of the items listed above. Please submit a revised Application, along \\lith additional documentation, if necessary, which satisfies the requirements of Section 4-9. Please do not hesitate to contact me should you have any questions. cc: Paul E. Rosenthal, Esq., City Attorney 2 FOLEY & LARDNER LLP ATTORNEYS AT LAW ORLA_392075.1 Mavor S. Scott Vandergrift center of Good L . <\.~e IJ;>~ Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 City Manager Robert Frank MEMORANDUM TO: Carolyn Alexander, Development Review Coordinator FROM: Catherine Armstrong, Planning Manager DATE: December 2, 2005 SUBJECT: Dr. Aboud Variance request 1161 Blackwood Avenue 1 sl Staff Review The following comments are lists of concerns from the Planning Division. As plans are revised, please note that additional comments may be generated. 1. The City Commission recently approved an amendment to the Wal-mart Development Agreement relative to signage to allow Lot 5 to be governed by the requirements of the Land Development Code. It has been explained to the applicant that this variance request will not be supported by staff due to the lack of hardship. The tenant is allowed a wall sign on the front of the building (36 square feet) in addition to a space on the Lot 5 monument sign. The Land Development Code allows for an additional wall sign as follows: a. All stand-alone building located on individual out-parcels or separate tracts may install one additional wall sign not exceeding 2 feet high and 12 feet in length on a building fac;ade adjoining an entry driveway or public parking area. This provision will allow for the sign to be installed on either the north or south side of the building. b. The Land Development Code further states that a wall sign is allowable for individual businesses located within shopping centers based upon the building frontage of each store that has an outside public entrance that faces a public street or public parking area. In the case of Dr. Aboud's variance request, the location he is requesting (the rear of the building facing Blackwood Avenue) does not have an outside public entrance, only a rear door for employees or emergencies. Staff feels that the amount of signage that is allowed by the Land Development Code and the fact that staff has supported the amendment to remove the restrictions imposed by the Wal-mart Signage Agreement (100 square feet of copy area for the entire outparcel) and because the City Commission approved the amendment allowing the outparcel to be governed by the LDC, it is not necessary to support the variance request to allow for a sign on the rear of the building. No hardship has been demonstrated by the applicant that meets the variance test. Faci lty No.7647 p. ~ -~~Hea1thCentml - IfJlJtJ{) Wul C(}iqnUs! Drive.. Ocoee, ItL 03/23/2006 MAR 2 3 2006 Russ wagner Director, Community Oevelopmefii'JPlanning City of Ocoee 150 N.lakeshore Blvd. Ocoee, Aorida 34761 VIA FACSIMIlE: 407-905-3158 Dear Mr. Wagner; Health Central supports wrrent Ocoee City ordinances as it relateS toenfordng sign regulationS equitably along BlackwOOd Avenue. Health Central was and remains behind Wal-Mart's ~ and we support the .~oo retafl de~ along 8iackwoOO Avenue. Should yoo have questions or need further informatiOn; please do not hesitate to contact me at 407-296-1835. David P. Sytvester.. Senior VICe ~ .' ._~---- ---~-~ enYOFOCIIEE P.O. BOX S60845 nON 733.702 OF THE Nemeno CllEDITORS NOneUfPllBUeIlfARtN6 OT~'a1'WeO~~~~ed t68:M:tL BlF~~~~~~ ~~JHfniiN~~UIlo~O~W~~ REGAIDlNG RElIIImf08V'AIIWICE In sold business enterprise BARRED. FLORIDA APPl1CAHT:MGfDfVaIlPMEHf/ABOlJD is os follows: NOTWITHSTAN DING PROBATE DIVISION CASE NUMBER: VlI-1G-28-G5-j ANDREA E. HOGAN THE TIME PERIODS SET File No.: 2006-CP.328 Dated at Orlando. Oronge FORTH ABOVE. ANY Divisioe:.....1Iate 'Y ~onCE IS HEREBY GIVEN, that the Bo~llI" ~1ISIIIHt offhe ~~g~\~ ~Ida. $~~m 6JL,;gRJ'X~T~2~ IN RE' ESTATE OF City of Ocoee has scheduled a NIic Hllnllfl for 1'IIlnday, OLS6658940 319106 THE DECEDENT'S DATE Robert Eio_ RooneJ Jr MaIdl23. 2006 at 7:00 pJII. or as soon thereafter as pOSSible, in NonCE TO CIlEDfTORS OF DEATH IS BARRED. Deceased .. ~ order to consider the pelition of MGF Development/Aboud IN THE CIRCUIT !he dot!! of {irs'. publico. B w'f for a variance according to the provisions of Article IV COURT FOR tlon ot thiS nOllce IS Merch 9. The administration of the GO subsectian 4.9 of the City of Ocoee Llind Devel"""'ent Code' ORANGE COUN. 2006. estate ofJlobert EIllIIllIII Rooney. - ....... . TY. FLORIDA PERSONALREPRESfIITATM: Jr..deceased,Flle Number AND . PROBATE DIVI- Margaret E. Churchman 48-2OO6-CP-328, Is pending In ~hT Action Requested: The 1.03 acre Parcel known, as the,Ocoee SION 540 Crooked Stick Drive the Circuit Court for Semi. ';:'0; Commerce Center is located at 1161 Blackwood Avenue on File Number Davlona Beoch. no Ie County. Florida, Pro. Irea an out parcel in the Wal-Mart Shopping Center and directlY 48-2006-CPOOO312-0 Florida 32114 bot)'! Division. the addre$Sof . 1 f....W H...... IN RE' <ESTATE ATTORIIEY fOR PEllSONAL which is 301 N. Park. Ave- wes 0 Ill" est Orange osp""I. The Orange County Prop. OF . REPRESENTATIVE: nue Sanford FL 32171 The erty Appraiser Identification Number (PIN) is 29.22-28-8940- ANDREA DUN- Stacey A. Prince nomes and addresses of the y at 00-050. The applicant is requesting on increase in the sig.. CAN Florida Bar No. 615471 personal represllhtatlveand inle, nage area on the building to allow additional signage in the Deceased '" Brood and Cassel t!te, personal representa. rk rear of the building facing Blackwood Avenue The.admlnlstrahon of the 39l! North Orange Avenue, tlVe s attorney ore set forth - . estate of . ANDREA DUN. SUite 1100 below. dOY CAN. deceosed, whose date Orlando. Florida 32801 All creditors of the dece. per'; MGFDe I ntIAboudVariance I of death was October 14, Telephone: (407) lIJ9..42OQ dentandotherpersonshav- ,tail I W =on Map , 2005; File Number 48-2006- OLS6658591 3I9~ 16. 2006 ing cloims or, demands Exp Cf'OOO.312-D Is pending in the NonCE TO CREDITORS !,90In~t decedent's estate, L .~..~.. .' \.,,-,:,/1S\"" d;mJ~ 'l2J.:-..',. .1 CirCUIt Court for Clark IN THE CIRCUIT COURT l~clud,"9 unmoture<!, con- nON I '. ~ T'; County NV County. Florida. OF THE 9'f.H JUDICIAL tmgent or unliquidated mlv. L ..._".a<. .'T~.:. ' eiE~, Probate Division, the od- CIRCUIT IN'AND "'OR OR. claims..on whom a ca~y of 97 F"BENNET!:;<, : i-..' . 'i dress of which 'is 42S N. Or. ANGECOUNTY FLORIDA this notice Is served Within I -"..Jl!i, I I L".. _ I i onge Avenue, Orlando, Flor- PROBATED'VISION three m'!nthsafter the date /. -- -1 ida 32801, The names and . of the first publication of ;ting : ._. _'(~:- ~~ 1....... ._' .w-":r,~ ' addresses of the personal ALENO,48-2006-l:P-000447-0 this notice must file their IlIn9...-- -- -~.._ 1 representative and the per. IN RE' ESTATE OF clolms with this Court ~1I0- I Colonial Drive sonal representative's attor- MARY F'lOClCMYER"WITHIN THE LATER OF :~:t 'C ,.:=r,. f '.:L'. - --: r~'--- --'-' ney are set forth below. Deceased t~~'b~T~'b~~~l~lk1~ Call. " .. - All creditors of the dec&- . . PUBLICATION OF THIS : ~\ D ~I ,p"''''''''... dent and other persons hav- The admlmstratlon ofthe NOTICE OR TH I RTY .' " ;r" ing cloh;ns or demands estate of MeryF.lockmyer, de- DAYS AFTER THE DATE - I, ' t! li against decedent.s estate, ceased, whose date Of death OF SERVICE OF,A COPY R - :,e/ '/5'; If on whom 0 copy of this no. was .December .9, ~005, 'S OF THIS NOTICE ON' FT, I I , -i '..; \ JI lice hos been served, must pending In the CirCUit Court THEM. ' &' ; : 'Iii ">",,-;:Ii" _ file their cloims with this for ORANGE C,!u~tr. Fiori. All other creditors of the h --1 ' , court WITHIN THE LATER da. Probate DIVISion. the decedenl and persons hov. OF 3 MONTHS AFTER address of which Is Orange Ing claims or demands I [;='"TcCi~Jtii f::i~li~ / ii~~~~]~;~ ~Ti:l~i~ ~l!~~i~j:l~ ~LS I !. .'. ! ... ....., ,..,',) 1::3. B.: 1 . [) "'.." NOTICE ON THEM personal representotives' WITHIN 3 MONTHS AF- 19 I . I.",.~ i::t::; ... . attorney ore setforth below, TER THE DATE OF THE - r-::-----rly.:~7-' g"T.j-J ~ r ; f dh~acvl~ln3g~~C?I~Onlcms~~0~r~;dsepemo:.soanthdn ess ~~I~ ~r~~~~~;o;~~~:~! ~}~t1gt~~~~A:~; ~~ KS I e f?r '\ ~ . I.....l':; Ii : a90lnst decedent's estate on L W L BE R E '~~9.! r>;:::;:-: ,.~. ~~....,:" I r-Jrc- . ~t?~f11Ie df~~ec1~rm;s.!:l:~ ~hom a. copy of this notice ~k ~fRR~J: FO V. nent this court WITHIN 3 IS req~Jred to b~ served The dale oft".. first pUbll. MONTHS AFTER THE m~st f.le their claims with cation of this Notice is Mlrch vers The Ocoee City Cemiuito will hold a PulJIic llearillg to take fi. DATE OF THE FIRST thIS court WITHIN THE 9,21H16. , - nal oction Upon the Board of Adjustment recommendation PUBLICATION OF THIS \:~kEfHW ,M~~NJ~\~ PERS~~TATIVE: I on Tuesday,Aprill', 2006, at 7:15 pJll. or as soon thereafter as NOTICE. FIRST PUBLICATION OF 601 og~o~ A~~ . possible. Both meetings.will be held in the Commisf'on ALL CLAIMS NOT SO THIS NOTICE OR 30 DAYS New Smyrna Beacb, Chambers at the City Hall, 150 North Lakeshore Drive, FILED WILL BE FOREV- ~&Jel~ETS~ A DldpEy g~FL 32169 INC Ocoee, Florida 34761. ER BARRED. THIS NOTICE ON THEM. :~::lrh~~NAl Scl: . " NOTWITHSTANDING All other creditors of the MaryEllen P. Osternddorf. 'me. Interested parties may appear at the Cited meetings and be THE TIME PERIOD SET dec~ent ond other persons EsqUire 167 heard with respect to the propose variance. FORTH ABOVE. ANY hovlng claims or ,demands Florldo Bor No. 08800S0 WITli . '" . CLAIM FILED TWO (2) ~t?~f11'ed:h'.:i~ec1~rm;s~~i~ P.O. Box 2352 a~cg: ThiS notice IS gIven pursuant to !'rticle IV, Subsechon 4-9 B. t~~RJE~~~~~thl~~ this court WITH I N 3 ~e~m.~Ch, ; In (1), and page 180.4.43 of the City of Ocoee Land Develop- OF DEATH IS BARRED MONTHS AFTER HIE Telephone:, (386) 255.9171 oun. menlCode.AcopyoftheapplicatlonandtheCltyofOcoee . DATE OF THE FIRST SLS66S9159 319.16.2006 '.udv 5loff Report may be examined at the Community Develop. The dote of fli'st publlco- PUBLICATION OF THIS NonCE TO CllEI)ITORS ,lis. ment Department located In the City Hall at the address in. tion of this notice is March N?2'C~1:AIMS NOT FILED IN THE CIRCUIT COURT cher dicated above, between the hours ot8:00 a.m. and 5:00 p.m. 2.2006 WITHIN THE TIME PERI. FOR SEMINOLE COUNTY, 011 ODS SET FORTH IN SEC- FLORIDA - . In .'. . . . Personal Representative TlON 733 702 OF THE PROBATE DIVISION lefs The Board of AdJustment or the City CommiSSion maY con. MARGARET DEBAUN FLOR IDA' PROBA TE File No.: 2006-CP.281 1203' tinue the public hearings 10 olher dates and times, as they 7S N. Volle Verde #1723 CODE WILL BE FOREVER - deem necessary, Any inter.ested party shall be advised that Henderson. NV 89074 BARRED. IN RE: ESTATE OF ITER the of the dates, times, and placesoflf confinutltion of these Attorney for Personal Rep- N OTW I THST AND I NG ~ JJOSK or continued pUblic hearin9s shall be announced during the resentotive' THE TIME PERIODS SET eceas [reel hearing and thaI no further notices regarding these malters Seal'\ F. Bo9le ~p:;rt FfL~'bV'fwoA72~ The administration of the 11/ will be published. Flondo ~or No. 106313 YEARS OR MORE AFTER estate of Jero.... J.Glllk, de- . Law Ofhce 0,1 Sean F. Bo. THE DECEDENT'S DATE ceased. whose da~e of deoth f Y d 'sed that .... des' t I gle, P.A. OF DEATH IS BARRED was June 7, 2004. IS pending y or O}J .are a VI any. person. Wuv . Ires a appeaany 7~ Turnbull Avenue The dote of first publica. in the Circuit Court for Sem- . deciSion made 0 the publiC hearlR9S Will need a record of SUite 203 tion of this notice Is March 9 inole County. Florida, Pro- orne the prOCeedings and for this purpose may need to ensure Altomante Springs, FI 32701. 2006 ' bate Division the address of r that a verbatim record of the prOCeedings Is made Which In- 6476 . 'PERSONAL REPRESENTATIVE: which is P.O. Box 9000, you, cludes the testimony and evidence upon Which the appeal is Telephone. ~7-834.J311 David Davis Drawer CC.4, Bartow,. FL OLS664noB MAR.2.9.2006 500 Aquahart Road, 33830-9000. The names and based. NOnCE TO CRE!'fTORS Glen Burnle, MD 21061 addresses of the personol ISIIIIIII14IY Adtn18IS1nlion) ATTORNEY FOR PERSONAl representative and the per. Persons with disabilities needing assistance fo participate REPRESfIITATIVE: sonal representative's attor. in ~ny of these .proceedinps should corloct the City Clerk's ~N:~O~:WITJgro~ FOR OR. Patr!cia T, Fuller, Esq. "!YI acr;e~ro~f~~~wdece' Office 48 hours In advance of the meeting 01407-905-3105. P1IOBATE DMSlON ~~~~oJ~rin~~ =s.:s ~ent and other persons hilV- FiI. Ne.: 48-2006- 2601 Technology Drive 109 claims or demands Befh Eikenberry CP-000403-0 Orlondo Florida 32804 against decedent's estofli on City Clerk Division: 01 Telephone: (407) 578-1334 ~h~~q~i,:~gYt~f f:eIS I\~~;~ OLS665565lJ 319106 INIlE: ESTATE OF OLS6659013 319, 16, 2006 must file their Clair'll~ With ADVERTISEMENT FOR c~PTea unlll 4:30 PM jlOCal WII.FliEDO SILVA NOnCE TO CREDITORS this court WITHfN THE NEWSPAPER SOLlCITA- "me). Mondoy, April 17, Deceeoed IN THE CIRCUIT LATER OF 3 MONTHS AF- TlONS 2006,,'ry the .Orange Cou~ty COURT FOR TER THE TIME OF THE Sher!ff s Office, Purchosl!lg TO A....LL.. 1'lE:. RS.O. NSHA. V- OSCEOLA COUN- FIRST PUBLICATION. OF TO: Sechon, 2500 W. Colomol ftG'1€tiA1MS.'0~.''''''' TY FLORIDA T TICE OR 311 DAYS ALL MWBElLDB SUB-CON. Drive, Orlondo, ,Florl.d.!}.t. .'NikAGA.INS'tc,,;'iir..E. . ,. ... PR..IV. I.;. . THE DATE...OF TRACTORS AND MATER- 3~804. The Sheriff ~ OfflC\l A aVE ESTATE' '\'.. ,.,,' "'$.10 )~j.;i' Ei OF A coPY OF IALMEN WHO CONDUCT w,lI not,be responSible ,tqr Y he b 't/fled t~t ."1"11 'l)er THIS NOTICE OKTHEN!.' BUSINESS, PERFORM lotI! deliveries or delbvetl guo%e ~f? nOm r Ad- PR06PR-000058 All other creditdts:6f'h'll SUB-CONTRACT WORK, ~a~.. Sn~~t %~~OS~AA. ~~! ~Inlsk~ion ~a~ b:e~ en. iN RE: ESTATE dec~ent;and other.persons AND SELL/SUPPL Y MA- _., J'~_. ~..u.~,. LC".. '",,,riLln 'h" "<lnt,, nf OF having claims or demands ], I THURSDAY, MARCH. 9, 2006 alNObices " Le afNobices l'