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Home My WebLink About09-13-11 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, SEPTEMBER 13, 2011 CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Campbell, Vice Chair Golden, Member McKey, Member Dillard, Member Sills, Member De la Portilla and Member West. Also present were City Planner Rumer, City Attorney Rosenthal and Recording Clerk T. Williams ABSENT: Member Morris (A /E) CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, August 09, 2011. Member West seconded by Member McKey, moved to accept the minutes of the August 9, 2011, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - none NEW BUSINESS LAND DEVELOPMENT CODE AMENDMENTS City Planner Rumer informed the board why this item is on the agenda and the objectives of staff. Currently the city's land development code permits use of pawn shops, automobile repair and automobile service stations in C -2 zoning districts. By amending Table 5 -1, pawn shops will no longer be a permitted use in the C -2 zoning districts. The pawn shops that are currently operating within this district will be zoned legally non - conforming. The automobile repair shops and service stations will be given special exceptions. DISCUSSION Chairman Campbell inquired on the number of pawn shops currently in use in C -2. City Planner Rumer responded he knows of two that are operating in a C -2 zoning district. Chairman Campbell inquired what happens if they are bought or sold. City Planner Rumer stated the occupational license (business tax receipt) can be transferred. Member McKey inquired about additional language necessary in Article 11 — Language and Definitions #22 of the Land Development Code to include segway(s). City Attorney Planning and Zoning Commission Meeting September 13, 2011 Rosenthal stated he would need to do more research in this area to determine if additional language or changes were necessary. Member West asked for clarification regarding agricultural and it's permitted use according to zoning districts. City Planner Rumer stated agricultural permitted use is not a listed zoning in the comprehensive plan; agriculture would be considered under low density residential. Member McKey asked for clarification concerning residential uses, more specifically if the adult congregate living facility is synonymous with adult assisted living facility. City Planner Rumer stated yes and this permitted use will need to be updated to include new residential uses. Public Hearing — Opened Public Hearing - Closed Vice -Chair Golden, seconded by Member Mckev, moved to recommend approval of the proposed amendments to the Land Development Code revision of Table 5- 1 Article 11— Definitions based upon staff comments. Motion carried unanimously. MISCELLANEOUS SITE FACILITIES City Planner Rumer explained the matter of this item in relation to the Land Development Code (LDC), Article VI, (C)(1)(k)(ii). Currently there are many businesses not abiding by the regulations set forth in the code regarding propane exchange stations. Ocoee Code Enforcement has found many businesses are in violation because the stations are not substantially screened from view from adjacent parking areas and roads. Staff proposes that all properties within the CRA comply with the existing regulations and properties located outside the CRA comply with the existing regulations with a few exceptions: neutrally colored or matching building, smaller cage, signage requirements and no advertising. Staff has done research of local municipalities and found that code requirements for propane exchange stations are substantially varying. Staff is seeking direction from the Planning and Zoning Commission on the proposed amendments to the code dealing with propane exchange stations. 2 Planning and Zoning Commission Meeting September 13, 2011 DISCUSSION Further discussion ensued with questions and ideas on how to address code requirements regarding the propane exchange stations. City Planner Rumer stated there is going to be a business summit in reaction to community outcry. Many businesses were cited by code enforcement for not abiding by the regulations in the code. When the businesses called to get the requirements many stated they could not meet the requirements of the code. Chairman Campbell suggested the board continue this item for further research and contemplation by both the board and staff. City Planner Rumer stated it is a hot button issue but, he can do more research and bring this item back at the next board meeting. Member West suggested getting the businesses involved in the process. Member Sills asked if the businesses that have been given violation can be contacted. City Planner Rumer stated they do have record of the businesses that have received violations. Chairman Campbell, seconded by Member Sills, moved to recommend continuance of the public hearing of this item until the next Planning and Zoning Commission meeting. Motion carried unanimously. MISCELLANEOUS A. Legislative Update — City Planner Rumer informed the board that the Department of Community Affairs (DCA) is now Division of Community Planning under the Department of Economic Opportunity. He presented to the board more changes that took place using a PowerPoint presentation for their review, explaining how these changes will affect the planning of future development. Member West inquired as to the definition of ORC Report. City Planner Rumer stated it is a report of objections, rejections and comments. City Planner Rumer continued with his presentation. B. Removal of Member Hollingsworth — Chairman Campbell read Ordinance No. 89 -19 section 2.1 (4) which enables the board to recommend to the City Commission removal of any member with fails to attend three (3) successive regularly scheduled Planning and Zoning Commission meetings. Recording Clerk Williams confirmed that Member Hollingsworth has not attended any meetings since his appointment. Member McKey inquired if Member Hollingsworth was properly notified of the meetings. City Planner Rumer stated the packets are hand delivered to the home of Member Hollingsworth. Member Dillard inquired if any reason has been received as to why Member Planning and Zoning Commission Meeting September 13, 2011 Hollingsworth has not been in attendance. Member West stated he is acquainted with Member Hollingsworth and believes time constraints are the reason for his non - attendance. City Planner Rumer stated he does not want to cause controversy and he is secure in bringing this item before the commission. Member Sills inquired if Member Hollingsworth contacted the clerk's office after receiving the packet of this meeting. Recording Clerk Williams confirmed she had not been contacted by Member Hollingsworth. Member McKey, seconded by Member Dillard, moved to recommend removal of Member Hollingsworth from the Planning and Zoning Commission, declaring the seat vacant. Motion carried unanimously. C. Project Status Report — City Planner Rumer advised the next project he foresees to come before the commission will be the Ocoee Town Center final subdivision plan. Member McKey inquired why was Eagle Creek continued by the City Commission. City Planner Rumer stated both staff and Eagle Creek requested the continuance as they deal with the school concurrency and capacity enhancement aspect. Staff is continuing to work with the developer as they address staff comments. ADJOURNMENT The meeting adjourned at 7:55 p.m. Attest: APP' • I ED: Tisha Williams, Recording Clerk Bradley Campbell, Chairman 4