Item #10 Bank Atlantic Waivers
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AGENDA ITEM STAFF REPORT
Meeting Date: March 18, 2008
Item # 10
Contact Name:
Contact Number:
Bobby Howell, MPA
407-905-3100, Ext. 1044
Reviewed By:
Department Director:
City Manager:
2 ~-Jr
Subject: Bank Atlantic Small-Scale Site Plan
Waiver Requests
Project # LS-2005-013
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners grant three (3) waivers from the Land Development Code
for the Bank Atlantic Small-Scale Site Plan?
BACKGROUND SUMMARY:
The Bank Atlantic site is located on the south side of SR 50, west of the Chick-fil-A restaurant. The subject
property was the site of the proposed Steak N' Shake restaurant. The subject property is a combination of Tract D
of the Wal-Mart subdivision and the C-3 zoned property located west of Tract D. The property is currently vacant
and contains a mix of mature trees and vegetation. The Bank Atlantic small-scale site plan proposes a 3,992
square foot bank with 32 parking spaces. The subject property is comprised of 1.09 acres and is zoned C-2
(Community Commercial), and C-3 (General Commercial), with a Commercial future land use designation.
The table below references the future land uses, zoning classifications and existing land uses of the surrounding
parcels:
Direction Future Land Use Zoning Classification Existina Land Use
North Road riQht-of-wav Road riaht-of-wav SR 50 riaht-of-wav
East Commercial C-2 (Community Chick Fil'A restaurant
Commercial)
South Commercial C-2 (Community Wal-Mart Supercenter
Commercial)
West Conservation I C-2 (Community Master stormwater retention pond for
Floodplain, Commercial Commercia)) Ocoee Commerce Center
DISCUSSION:
In order to proceed with review of the small-scale site plan, the applicant has requested three waivers from the
requirements of the Land Development Code. The three waivers that are requested for this project were requested
for the Steak N' Shake site plan, and were approved by the City Commission on March 21, 2006.
The City Commission has sole discretion to approve waivers from Code requirements based upon four criteria:
1. If the project is part of an integrated and master planned development
2. If the project is compatible with surrounding developments
3. If the project imposes no impacts on City infrastructure greater than that generated by other uses normally
permitted in the underlying zoning districts; and lor
4. If the project provides an offsetting public benefit which is technically sound and measurable.
The applicant is requesting two waivers to Section 6.14(C)(2)(c)(i) of the Land Development Code. This section of
the Land Development Code requires a 10-foot wide landscape buffer along all side and rear property lines. The
applicant is requesting two waivers to this section of the Land Development Code to allow for a reduction of 7.81-
feet for the side (west) and the rear (south) landscape buffers to allow for adequate vehicular travel lanes, an
adequate parking area, the required amount of building landscaping area, and preservation of the required 25-foot
landscape buffer along SR 50.
The third waiver the applicant is requesting is to Section 6-7(A) of the Land Development Code. This section of the
Land Development Code requires stormwater retention to be provided on-site. The applicant is requesting a
waiver to this requirement to allow stormwater runoff to discharge into the master stormwater retention pond for
the Ocoee Commerce Center subdivision. The applicant is requesting this waiver since the on-site soils do not
permit the retention and recovery of the first inch of runoff on the subject property. This does not allow for the
construction of an on-site stormwater retention pond.
A Condition of Approval for this site plan, which was a Condition of Approval for the Steak N' Shake site plan,
requires the applicant to re-plat the property as a single lot and incorporate the lot into the Wal-Mart at Ocoee plat
prior to the issuance of a Building Permit for this project.
WAIVER REQUESTS:
Since a small-scale site plan is administratively reviewed, the City Commission will not be acting on the site plan
approval. The City Commission will be reviewing the waiver requests only. After the City Commission takes
action on the waiver requests, Staff will complete its review of the site plan, ensuring that it is consistent with all
Land Development Code requirements except for any waivers that may be approved by the City Commission
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners approve all three waiver requests.
ATTACHMENTS:
Location Map
Sheet C-4 Bank Atlantic Ocoee Small-Scale Site Plan
FINANCIAL IMPACT:
None.
2
TYPE OF ITEM: (please mark with an "x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_____ Consent Agenda
_____ Public Hearing
~ Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
O:\Staff Reports\2008\S R080018_BH_BankAtlanticWaivers_ CC .doc
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