HomeMy WebLinkAbout11-12-13MINUTES OF THE PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
MEETING HELD TUESDAY, NOVEMBER 12, 2013
CALL TO ORDER
Chairman Campbell called the meeting to order at 7:01 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 - Chairman McKey, Members Dunn, Keethler,
Marcotte, Sills, and West. Also present were City Planner Rumer, Principal
Planner Fabre, Assistant City Attorney Drage and Recording Clerk Turner
ABSENT: Member(s): de la Portilla (A /U) and Dillard (A /E)
CONSENT AGENDA
Minutes of the Planning and Zoning Commission Meeting held on Tuesday, September
10, 2013.
Member West, seconded by Vice - Chairman McKey, moved to accept the minutes of
the September 10, 2013, Planning and Zoning Commission meetin_g. Motion carried
unanimously.
OLD BUSINESS - none
NEW BUSINESS
All Sports Memory Care /Assisted Living Facility — Public Hearing
Principal Planner Fabre gave a brief overview of the proposed project. The subject
property is located on the north side of Roberson Road, approximately 627 feet east of
Tomyn Boulevard (Windermere Road) intersection. The property is approximately 17
acres in size of which approximately 3.65 acres are designated as wetlands /flood zones.
The subject property consists of a vacant and undeveloped land fronting on Roberson
Road. The Future Land Use designation for the subject site is "Low Density Residential"
and "Conservation /Floodplains ". The requested "Memory Care /Assisted Living" use is
consistent with the Future Land Use element and zoning (R -1AA) district.
The Preliminary/Final Site Plan will consist of a three - story, 112,269 square -feet, 120 beds
Memory Care /Assisted Living Facility. As shown on the Preliminary/Final Site Plan, the
facility will have only one main access point at Roberson Road. This main entrance will be
aligned with the existing George Bailey Park entrance across the street. In addition, a 220 -
foot left -turn lane into the site will be provided. The applicant will be dedicating a 20 -foot
wide tract of land to the City of Ocoee for future right -of -way along Roberson Road.
Consistent with City policy, the wetlands /flood -zones and associated upland buffers will
not be developed and will be dedicated to the City. Water, sanitary sewer, reclaimed
water, solid waste and police and fire protection will all be provided by the City of Ocoee.
The Applicant has requested no waivers from the Land Development Code for the Project.
The Development Review Committee (DRC) met on November 5, 2013, and upon
addressing several technical issues, the DRC voted unanimously to recommend approval
Planning and Zoning Commission Meeting
November 12, 2013
of the Preliminary /Final Large -Scale Site Plan, subject to making the discussed changes
before the City Commission meeting.
DISCUSSION
Member Marcotte inquired regarding the technical issues identified by the DRC.
Principal Planner Fabre explained that the technical issues were mostly engineering
comments related to the completion of the irrigation system for landscaping. Discussion
ensued regarding the site's pond and wetlands. Principal Planner Fabre explained that
the western portion wetlands are man -made.
Member Keethler asked if the property has water and sewer connections. City Planner
Rumer explained that the project will require water and sewer connections. The City is
working with the All Sports and Barkeritaville projects to provide an 8 -inch looping system
for water, and a 6 -inch forced main sewer system. Presently, there are no water and
sewer connections; however, both connections will take place through a development
proposal.
The public hearing was opened.
Tom Herter, co- founder of All Sports Memory Care /Assisted Living Facility, approached
the podium and thanked the board for the opportunity to be a part of the community. He
continued by saying the facility will offer memory care for professional athletes and
wounded warriors suffering from some form of encephalopathy.
Vice - Chairman McKey inquired if the facility will also be a research center. Mr. Herter
explained that the facility will partner with other research facilities to participate and share
in research and development. Board discussion ensued regarding the activities the facility
will offer.
The public hearing was closed.
Member Marcotte, seconded by Vice - Chairman McKey, moved that the Planning and
Zoninq Commission, actin_g as the Local Planninq Agency, recommend to the
Ocoee City Commission approval of the Preliminary /Final Large -Scale Site Plan for
All Sports Memory Care /Assisted Living Facility, subject to resolving the
outstandin_g staff comments before the City Commission meetin_g. Motion carried
unanimously.
Land Development Code Amendment — Public Hearing
1. Article IV, Applications & Section 5 -9, Zonings /Rezonings
City Planner Rumer gave a brief overview of the Land Development Code amendment.
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Planning and Zoning Commission Meeting
November 12, 2013
Article IV and Article V of the City of Ocoee Land Development Code (LDC) regulates
application submittal requirements for special exceptions and rezonings. Currently, there
are no provisions limiting the time for resubmitting an application that has been denied by
the City Commission. Due to the denial of a rezoning application, and subsequent re-
application four months after the denial hearing date, staff was directed by the City
Commission to look into a waiting period.
Staff looked at the re- application requirements from local governments in Florida, and
upon review of those requirements, have proposed three options:
Option #1: If the City Commission denies an ordinance to rezone a property including to
PUD or denies a special exception for a use on a property, the City Commission shall take
no further action on another application of the same proposal or zoning district for a period
of six (6) months from the date of denial.
Option #2: If the City Commission denies an ordinance to rezone a property including to
PUD or denies a special exception for a use on a property, the City Commission shall take
no further action on another application of the same proposal or zoning district for a period
of nine (9) months from the date of denial.
Option #3: If the City Commission denies an ordinance to rezone a property including to
PUD or denies a special exception for a use on a property, the City Commission shall take
no further action on another application of the same proposal or zoning district for a period
of one (1) year from the date of denial.
Staff is not proposing to limit the time to submit a new application in order to have the
ability to receive application money and have a chance to work on a project that could be
a positive addition to the City. Staff recommends that the Planning and Zoning
Commission recommend approval of the proposed option #2.
DISCUSSION
Board discussion ensued regarding the timeframe for a previously denied project
application to be re- presented to the City Commission. Chairman Campbell and Member
West spoke in favor of Staff's recommendation, option #2 with a nine (9) month waiting
period. Member Keelther and Vice - Chairman McKey stated they favored option #3 with
a one (1) year waiting period. Vice - Chairman McKey opined that based on research
conducted by Staff, the City should fall in line with the agencies requiring a one (1) year
waiting period from the date of application denial.
The public hearing was opened.
The public hearing was closed,
Planning and Zoning Commission Meeting
November 12, 2013
Chairman Campbell stated that a nine (9) month waiting period is a good balance, and
waiting one (1) year may be too long of a timeframe for the economy. Member Dunn
asked why Staff did not make the distinction between projects denied with and without
prejudice. City Planner Rumer explained that he did not want to complicate the process,
or accept language that makes the process difficult.
Member West, seconded bV Member Sills, moved that the Planninq and Zoning
Commission, actin_g as the Local Planninq AgencV, recommend to the Ocoee City
Commission approval of the proposed option #2 which limits the rezoning
ordinance or special exception from being heard by the City Commission for nine
(9) months. Motion carried (4 -3), with Vice - Chairman MckeV, and Members Keethler
and Marcotte opposing.
2. Article V, Section 5 -8 &Table 5 -1, Permitted Use Regulations
City Planner Rumer gave a brief overview of the Land Development Code amendment.
Bars and cocktail lounges are prohibited within the City of Ocoee unless it is associated
with a restaurant seating minimum of 45 people. With the establishment of the CRA
Target Area's, which are intended to provide an urban development pattern to include
mixed uses and multiple use buildings, staff recognizes the need to permit bars and
cocktail lounges as possible uses.
Staff proposes three options to permit cocktail lounges:
Option #1: Bars and Cocktail Lounge — permitted in C -3, CRA Target Areas zoning
districts
Option #2: Bars and Cocktail Lounge — permitted by special exception in C -2, permitted in
C-3, 1 -1, and CRA Target Areas.
Option #3: Bars and Cocktail Lounge — permitted in C -2, C -3, and 1 -1 zoning districts.
Staff recommends that the Planning and Zoning Commission recommend approval of
option #2.
DISCUSSION
The public hearing was opened.
The public hearing was closed.
Chairman McKey inquired if restaurants are subjected to the 1000 -foot distance
requirement from schools and churches. City Planner Rumer stated that there are some
special provisions exempting restaurants from the distancing requirement. He continued
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Planning and Zoning Commission Meeting
November 12, 2013
by saying there is a 1000 -foot, door -to -door distance requirement between bars and
cocktail lounges; this distance requirement is spelled out in the Municipal Code, and not
the LDC.
Discussion ensued regarding the definition of a nightclub. City Planner Rumer read into
the record the definition of a nightclub: A restaurant, dining room, bar or other similar
establishment providing food or refreshments wherein paid floor shows or other forms of
paid entertainment are provided for customers as part of the commercial enterprise.
Member Keethler asked why bars and cocktail lounges would be permitted in 1 -1 areas.
City Planner Rumer explained that C -2 and C -3 zoning district uses are permitted in 1 -1
areas; therefore, it would make sense to include 1 -1. Member Keethler asked to consider
each application for a bar and cocktail lounge in each zoning district as a special
exception. City Planner Rumer stated the board could make such a recommendation.
Member Marcotte inquired about the process of a special exception. City Planner Rumer
explained that a special exception is a one -page site plan without the engineering aspect.
He continued by saying that if approved, the special exception is tied to the specific use
and the applicant; therefore, if the property is sold, the special exception dies.
Member Keethler, seconded by Chairman McKey, moved that the Plannin_ and
Zoning Commission, acting as the Local Planning Agency, recommend to the
Ocoee City Commission approval of proposed amendments to the Land
Development Code that bars and cocktail lounges be permitted by special exception
in C -2, C -3, 14, and TA (CRA Target Areas). Motion carried (6 -1), with Member Sills
opposin_q.
Comprehensive Plan Amendment — Public Hearing
The public hearing was opened.
The public hearing was closed.
City Planner Rumer gave a brief overview of the Comprehensive Plan amendment. The
Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a
requirement of Chapter 163, Florida Statutes (FS) and enables implementation of the Plan
goals, objectives, and policies needing capital funding for a 5 -20 year planning horizon.
Each year, the table section of the CIE will be updated to ensure that the adopted list of
capital projects in the CIE matches the City's newly adopted fiscal year budget and
approved five year Capital Improvements Program (CIP). The CIE does not propose any
new projects not previously reviewed and approved by the Commission.
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Planning and Zoning Commission Meeting
November 12, 2013
The Florida Legislature enacted legislation allowing adoption of the annual amendment to
the CIE to be accomplished with a single public adoption hearing. Additionally, State
Statute no longer requires a copy of the Ordinance to be transmitted to the Florida
Department of Economic Opportunity. Therefore, adoption of this Ordinance is final in its
form and content.
DISCUSSION
Member Keethler asked if this item is a reflection of a plan that is already in place. City
Planner Rumer stated that it is, but feels it is important to provide the board with this
information and to receive the board's input. Chairman Campbell opined that it is
important for an agency to be forward thinking. City Planner Rumer stated the first three
years of the plan show where the funding will come from, but year four and five is a
guesstimate. Board discussion ensued regarding the development of a strategic plan for
the City.
Member Keethler, seconded by Vice - Chairman McKey, moved that the Planning and
Zoninq Commission, acting as the Local Planninq Agency, adopt an Ordinance
amending the Capital Improvements Element of the City of Ocoee Comprehensive
Plant that includes the addition of the Fiscal Years 2013 -2017 Capital Improvements
Program. Motion carried unanimously.
MISCELLANEOUS
Project Status Report
Vice - Chairman McKey inquired regarding the F/X Warehouse Complex. City Planner
Rumer explained that F/X continues to utilize the warehouses.
Member West inquired if outdoor seating is included in the 45 minimum seating
requirement for the consideration of bars and cocktail lounges. City Planner Rumer
explained the project's floor plan needs to show a 45 seating minimum; therefore, outdoor
seating is included.
ADJOURNMENT
The meeting adjourned at 8:12 p.m.
Attest: APPROVED
iana Turner, Recording Clerk Bradley Camp I, Chairman
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