HomeMy WebLinkAboutItem #19 Toll Road Brewing Company Special Exception with Waiver, Project #1-16-SE-025 0( 000
AGENDA ITEM COVER SHEET
Meeting Date: December 6, 2016
Item # i 9
Reviewed By: itz
Contact Name: Mike Rumer, City Planner/ Department Director: / ,/ 4/,
Contact Number: 407-905-3157 City Manager:
Subject: Toll Road Brewing Company
Special Exception
Project# 1-163E-025
Commission District# 2 — Rosemary Wilsen
ISSUE:
Should the Honorable Mayor and City Commissioners approve a Special Exception for Toll Road Brewing
Company on a parcel located in the City's Downtown with the C-2 (Community Commercial)zoning district?
BACKGROUND SUMMARY:
The subject property consists of an existing one-story 2,988 square foot building, constructed in 1960, with
parking areas located in front of the building and under a covered garage. The subject property is located at
the northwest corner of McKey Street and Cumberland Avenue. Surrounding properties include the retail
building on the east, strip retail to the south, and residential to the north and west. On street parking is
available on McKey Street from Bluford Ave. to the Kissimmee intersection.
The applicant is proposing to convert the existing 2,988 square foot building to a microbrewery. The existing
building will be remodeled with a 550 square foot brewery area, 900 square foot taproom, and a 550 square
foot patio.
The table below references the future land uses, zoning classifications and existing land uses of the
surrounding parcels:
Direction Future Land Use Zoning Classification Existing Land Use
North Commercial R-1 Residential Single-family Dwelling
East Commercial C-2(Community Retail Building
Commercial)
South Commercial C-2 Retail Building
West Commercial C-2 Sinsie-famil Dwellin•
DISCUSSION:
The proposed Toll Road Brewing Company's operation will be a locally owned small craft brewery located in
Downtown Ocoee. Toll Road Brewing Company will focus on brewing traditional beer styles while providing
a comfortable family and pet friendly environment.
The Brewery will consist of a 550 square foot, 3 barrel (93 gallon) brew house. The taproom/bar will be
located in another 900 square feet with approximately 34 seats. An outdoor covered patio will have
approximately 40 seats. The taproom will have 10-12 taps serving 8-10 house brewed beers with 2-4 guest
taps as well as a wine selection. There will be two unisex restrooms and televisions. A possible small stage
for acoustic music will be provided from time to time.
The outdoor space will include a large patio that is covered and additional room in the back for games/family
activities such as corn hole, giant Jenga, and Pictionary. Other improvements will include a new awning
along the McKey Street frontage.
The hours of operation are as follows:
Monday—Closed
Tuesday— Closed
Wednesday— 5pm — 10pm
Thursday—5pm — 1 Opm
Friday—4pm— Midnight
Saturday— 11 am — Midnight
Sunday— 1pm —8pm.
SPECIAL EXCEPTION:
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).
Approval of a special exception application shall be granted by the City Commission only upon finding that:
(1) The proposed uses and structures would not violate the land uses, densities, or other
directives of the adopted Comprehensive Plan or of this Code.
(2) The proposed uses and structures would be compatible with the uses, structures and
activities on adjacent and nearby lands.
(3) The proposed uses and structures would not violate the health, safety, welfare, and/or
convenience of those residing, working or owning land in the vicinity of the proposed
use or structure, specifically with respect to:
(a) The use or structure would not exceed the applicable density or bulk regulations
except as specifically authorized, nor shall the use or structure result in
overcrowding of land or buildings;
(b) The use or structure would not impair pedestrian or vehicular movement in
adjoining streets so as to violate adopted level of service standards;
(c) The use or structure would not create a fire hazard;
(d) The use or structure would not 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;
(e) The use or structure would not prevent an adjoining landowner from the legal
use of his property pursuant to this Code;
(f) The use or structure would not violate a requirement of limitation of any
applicable state or federal law or regulation, and;
(g) The use or structure would not result in the inadequacy or inability of any public
facility or service to meet adopted standards.
WAIVER REQUEST:
The applicant has requested one waiver from the requirements of the City of Ocoee Municipal Code. The
waiver that is being requested is to City Code Article II Sale of Beverages § 38-5.
Locational requirements — states that any place of business in which alcoholic beverages or intoxicating
beverages are sold, or consumed or otherwise furnished at retail to the public by the glass or drink and any
place of business which is a located in a freestanding store at which alcoholic beverages or intoxicating
beverages are sold for off-site consumption (i.e., a "package liquor store") shall open directly and
immediately upon the street, and no such place of business shall be less than 1,000 feet from an established
church or school, which distance shall be measured by following the shortest route of ordinary pedestrian
travel along the public thoroughfare from the main entrance of said place of business to the main entrance of
the church and, in the case of a school, to the nearest point of the school grounds in use as part of the
school facilities; provided, however, that the foregoing provisions shall not apply to any freestanding store at
which alcoholic beverages or intoxicating beverages are sold for off-site consumption, which store is
established as of the date of adoption of this section.
There are currently three religious institutions that are within 1,000 feet. One of the churches is located in the
Gosselin Realty Center as a lease.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on November 2, 2016, and reviewed the Special Exception
Site plan. Discussion related to how the site would function, lighting in the area, and location of off street
parking. After deliberations, the DRC voted unanimously to recommend approval of the requested Special
Exception.
PLANNING AND ZONING RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Special Exception for Toll Road Brewing
Company on November 8, 2016. The Planning & Zoning Commission voted unanimously to recommend
approval of the Special Exception for the Toll Road Brewing Company, subject to resolving any remaining
staff comments prior to the City Commission Meeting (Minutes attached).
After the Planning and Zoning Commission Meeting, it was discovered that the surrounding property owner
notice was sent with an error on the day of the meeting. The notice provided a meeting date of[Wednesday],
November 8, 2016. Therefore, a second Planning and Zoning meeting was scheduled and noticed for
Tuesday, November 29, 2016. Staff will provide the Commission with an update from the second meeting.
RECOMMENDATION:
Staff recommends the Honorable Mayor and City Commission approve the Special Exception for Toll Road
Brewing Company with the waiver requested, subject to the following conditions:
a. This Special Exception shall expire twelve (12) months from the date of approval by the City
Commission unless a building permit is obtained prior to such date, such permit being for the
construction of the proposed use authorized by the Special Exception. Further, upon issuance of
the building permit, the Applicant (or its agent) shall diligently proceed in good faith to complete
construction in accordance with the terms hereof. Failure of the Applicant (or its agent) to proceed
as aforesaid shall provide a basis for revocation of the Special Exception by the City Commission.
b. The Applicant shall make a good faith effort to obtain a Certificate of Occupancy for the use
authorized by the Special Exception within 120 days of issuance of the building permit.
c. Should the use authorized by this Special Exception be terminated or substantially modified or
expanded in a manner inconsistent with the conditions of approval for the Special Exception, then
said Special Exception may be revoked by the City Commission at its sole discretion.
d. The Special Exception for use as a brewery shall be applicable only to the proposed Toll Road
Brewery Company shown on this Site Plan for Special Exception and is not transferable to any
other operator.
e. Outdoor furniture or railing/fencing must be approved with City staff before being placed in front of
Cumberland Avenue or McKey Street.
f. Any exterior building modification may require an amendment to the Special Exception and City
Staff should be consulted to determine if the proposed modification is major or minor.
Attachments:
Location Map
Zoning Map
Aerial
Past Building Elevation
Unapproved Minutes from 11/08/2016 Planning And Zoning Meeting
Proposed Special Exception Development Plan
Financial Impact:
None
Type of Item:
[X] Public Hearing For Clerk's Dent Use:
❑ Ordinance First Reading ❑ Consent Agenda
❑ Ordinance First 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
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
COPY OF ADVERTISEMENT
Date Published and Media Name
[ Thursday, November 24,2016 The West Orange Times 3B
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC BEARING TO CONSIDER THE
APPLICATION FOR SPECIAL EXCEPTION
TOLL ROAD BREWING COMPANY
CASE NUMBER:1-16-SF 025
NOTICE IS HEREBY GIVEN,pursuant to Subsection 4-8.A.of the City of Ocoee
Land Development Code,that on TUESDAY,DECEMBER 6,2016,at 7:15 P.M.
or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a
PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lake-
shore Drive,Ocoee,Florida,to consider a petition for a Special Exception for certain
property located at 101 W McKey Street. The Parcel Identification Number for this
parcel is 17-22-28-6144-03-180.The petition would allow for a Microbrewery and
Taproom at this location.
Interested parties may appear at the public hearing and be heard with respect
to the proposed actions.The complete case file may he inspected at the Ocoee
Development Services Department/Planning Division located at 150 North Lake-
shore Drive,Ocoee,Florida between the hours of 8:00 a.m.and 5:00 p.m.,Monday
through Friday,except legal holidays.The City Commission may continue 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 of this public hear-
ing. Any continuation will be announced during the actual hearing and no further
notices regarding the above case will be published.You are advised that any person
who desires to appeal any decision made at the public hearing will need a record of
the proceeding and for this purpose may need to ensure that a verbatim record of
the proceeding is made which includes the testimony and evidence upon which the
appeal is based. Persons with disabilities needing assistance to participate in this
proceeding should contact the City Clerk's Office 48 hours in advance of the meeting
at 407-905-3105.
November 24,2016 16-05637W
Toll Road Brewing
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Mayor Commissioners
`` ,, Rusty Johnson John Grogan, District 1
kit, Rosemary Wilsen, District 2
CiN Manager Richard Firstner, District 3
0C O22 Robed Frank Joel F. Keller, District 4
florida
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
MINUTES
November 8, 2016
I. CALL TO ORDER - 7:00 pm
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
Present: Chairman McKey, Vice-Chairman Marcotte, Member Dillard, Member
Keethler, Member Richemond, Member West, and Member Wunderlich.
Also present were City Planner Rumer, Assistant City Attorney Crosby-
Collier and Recording Clerk Heard.
Absent: Member Sills and Member Evans.
II. CONSENT AGENDA
A. Minutes of the Planning and Zoning Commission Meeting held September 13,
2016.
7:02 pm
Motion to postpone the approval of the Consent Agenda: Moved by Member
Keethler, Seconded by Member West Motion carried 7-0.
III. OLD BUSINESS - None
Planning and Zoning Commission Meeting
November 8,2016
IV. NEW BUSINESS 7:03 pm
A. Toll Road Brewing Company - Special Exception
Project#1-16-SE-025 City Planner Rumer
City Planner Rumer presented a summary of the subject property, which is located at
the northwest corner of McKey Street and Cumberland Avenue. The subject property
consists of an existing one-story, 2,988 square-foot office building, which was
constructed in 1960, with parking areas located in front of the building and under a
covered garage. The applicant is proposing to convert the existing 2,988 square-foot
building to a three-barrel operation microbrewery with only on-site sales and with no
intentions of distributing. The existing building will be remodeled with a 550 square-foot
brewery area, 900 square-foot taproom, and a 550 square-foot patio.
The surrounding properties are all zoned Community Commercial (C-2) except the north
parcel, which is zoned Residential (R-1). The C-2 properties include a retail building on
the east, strip retail to the south and a legally nonconforming single-family residential
dwelling to the west. The R-1 property is a single-family dwelling to the north. He
expressed with the Downtown Development Plan the City intends Oakland Avenue to
become primarily mixed-used residential/commercial/retail.
City Planner Rumer further explained the proposed brewery in more detail, which will
consist of a 550 square-foot, three-barrel (93 gallon) brew house. The taproom/bar will
be located in another 900 square feet with approximately 34 seats. An outdoor covered
patio will have approximately 40 seats. The taproom will have 10-12 taps serving 8-10
house-brewed beers with 2-4 guest taps. There will be two unisex restrooms and
televisions, possibly a small stage for acoustic music from time to time. The outdoor
space will include a large patio that is covered and additional room in the back for
games/family activities such as Cornhole, giant Jenga, and Pictionary. Other
improvements will include a new awning along the McKey Street frontage.
The proposed Toll Road Brewing Company's operation will be a locally-owned small
craft brewery located in Downtown Ocoee. Two of the five owners are Ocoee residents,
and they named this brewery after the saying, "All roads lead to Ocoee." Toll Road
Brewery will focus on brewing traditional beer styles while providing a comfortable
family and pet friendly environment.
City Planner Rumer explained in a downtown environment, a parking problem needs to
exist before one can be solved. He indicated there are 23 on-street parking spaces
available on McKey Street from Bluford Avenue to the Kissimmee intersection. To date,
eight (8) on-site parking spots will be available.
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Planning and Zoning Commission Meeting
November 8,2016
City Ordinance No. 2003-33 states locational requirements pertaining to any place of
business in which alcoholic beverages are sold and states, No such place of business
shall be less than 1,000 feet from an established church or school, which distance shall
be measured by following the shortest route of ordinary pedestrian travel along the
public thoroughfare from the main entrance of said place of business to the main
entrance of the church or school." Therefore, the applicant has requested one (1)
waiver from the requirements of the City of Ocoee Municipal Code. The waiver that is
being requested is to City Code Article 11 Sale of Beverages § 38-5. City Planner
Rumer stated 300-foot notices were mailed out and no objections have been brought
forth to date. Currently, there are three (3) religious institutions that are less than 1,000
feet door-to-door.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on November 2, 2016, and reviewed
the Special Exception Site plan. Discussion related to how the site would function,
lighting in the area, and location of off-street parking. After deliberations, the DRC voted
unanimously to recommend approval of the requested Special Exception.
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Commission, acting as the Local
Planning Agency, recommend approval of the Special Exception for Toll Road Brewing
Company and the waiver requested, subject to the following conditions:
a. This Special Exception shall expire twelve (12) months from the date of approval
by the City Commission unless a building permit is obtained prior to such date,
such permit being for the construction of the proposed use authorized by the
Special Exception. Further, upon issuance of the building permit, the Applicant
(or its agent) shall diligently proceed in good faith to complete construction in
accordance with the terms hereof. Failure of the Applicant (or its agent) to
proceed as aforesaid shall provide a basis for revocation of the Special
Exception by the City Commission.
b. The Applicant shall make a good faith effort to obtain a Certificate of Occupancy
for the use authorized by the Special Exception within 120 days of issuance of
the building permit.
c. Should the use authorized by this Special Exception be terminated or
substantially modified or expanded in a manner inconsistent with the conditions
of approval for the Special Exception, then said Special Exception may be
revoked by the City Commission at its sole discretion.
d. The Special Exception for use as a brewery shall be applicable only to the
proposed Toll Road Brewery Company shown on this Site Plan for Special
Exception and is not transferable to any other operator.
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Planning and Zoning Commission Meeting
November 8,2016
e. Any outdoor furniture or railing/fence must be discussed with City staff before
being placed in front of Cumberland Avenue or McKey Street.
f. Any exterior building modification may require an amendment to the Special
Exception and City Staff should be consulted to determine if the proposed
modification is major or minor.
Discussion:
Member Keether inquired why staff is recommending this special exception. City
Planner Rumer explained that breweries, art and theaters are some of the highlights
that create a downtown family atmosphere. He indicated people travel to visit local
breweries; and further, he stated this brewery will not serve food, which will utilize area
restaurants and foster more uses and create a need for more uses. He explained this is
not a nightclub or a bar, but a microbrewery, which will produce a specialized product at
a higher price and will attract good clientele.
Chairman McKey wanted to clarify if this brewery will exclude the sale of liquor. City
Planner Rumer answered in the affirmative, that there will be no sale of liquor.
Chairman McKey asked if patrons will be able to bring food on the premises. City
Planner Rumer explained that they will be allowed to bring food in; and further, he
stated some breweries even have food trucks parked outside on certain nights.
Member Marcotte asked if the angled parking spaces are public parking in the right-of-
way. City Planner Rumer answered that it is on-street parking. Member Marcotte
inquired about the 34 seats mentioned and asked if that is 40 seats on the outside plus
34 on the inside. City Planner Rumer indicated that is correct. Member Marcotte
asked how many parking spaces will be required. City Planner Rumer explained
restaurants require one (1) parking space per every four (4) seats. He further
expressed that as the downtown develops and the roads are rebuilt, on-street parking
will be configured in, which should happen within the next three (3) years.
Member West indicated he is very excited about this project, because it is the first to
kick off the downtown redevelopment; and further, he indicated he thinks this has
potential to lure a lot of other businesses in the area.
Member Wunderlich clarified that there have been no objections to this project, but
asked if there have been any recommendations of approval. City Planner Rumer
answered in the negative.
Member Keethler inquired if they decide to add more than three (3) barrels, would it
require them to revisit another special exception. City Planner Rumer indicated when
or if they ever become a distributorship or if they add on to the building, those
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Planning and Zoning Commission Meeting
November 8, 2016
circumstances would require another exception. He expressed that distributorship
changes the use and would require a change in use.
Member Wunderlich inquired if there will be any City control over the type of outdoor
furniture and fencing they place out in front. City Planner Rumer indicated the City's
intent is to review anything that will affect the streetscape from fencing and furniture to
awnings and more; and further, he indicated there will be a type of architectural review
board.
Member Keethler asked what specifically the Board will be approving. City Planner
Rumer indicated a bar use within the C-2 zoning with a recommendation of the waiver.
Member Richemond asked if the surrounding churches had a chance to see the notice
along with the proposed days and hours of operation. City Planner Rumer explained
that notices were sent out advising nearby property owners that they are located within
300 feet of this proposed microbrewery and taproom for which there is a public hearing
for. He expressed they do not send out full staff reports to everybody within the 300
feet.
The public hearing was opened.
Duane Morin, Applicant, explained the brewing process and expressed that they do not
intend to distribute. They wish to be the community hub where residents like to
frequent. He said they will not serve liquor, but they will serve beer and wine. He listed
the hours of operations are Sundays from 1:00 pm to 7:00 or 8:00 pm; Friday and
Saturdays will be closing at midnight; and on Wednesday and Thursday the closing
times will be 10:00 pm to not disrupt any neighbors.
Member Keethler inquired if they will be selling growlers. Mr. Morin indicated they will
be selling growlers, and they are contemplating a growler machine, filling a 32-ounce
can to-go, which he said goes along with the license they are applying for, the selling-
on-premise and to-go license.
Member Wunderlich indicated it was mentioned that this will be a family and pet-
friendly environment. He inquired if they will be selling non-alcoholic beverages as well.
Mr. Morin answered in the affirmative. Member Wunderlich asked if there will be
restrictions on pets. Mr. Morin indicated the pets will have to stay outside and well
behaved. Member Wunderlich inquired if there will be any odors or emissions from the
operations of the brewery, if at all. Mr. Morin said during normal opening hours there
will not be any. He indicated when they are brewing, which will most likely be twice a
week, there may be some bread or grain odors emanating, which may come out of the
brewery. He explained they have designed this to have the garage door open, but they
will have air-conditioning with a hood system for venting. City Planner Rumer
responded that he met with the city staff of Winter Garden, which has the Crooked Can
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Planning and Zoning Commission Meeting
November 8, 2016
Brewing Company across from their city hall. He said they stated they have never had
an issue or even noticed an odor from the brewing.
Chairman McKey concluded by reviewing the standards that the City Commission
would need to approve in order to allow this special exception under Land Development
Code 4-8. He further asked the Board if they wish for any conditions to be placed on
this exception. He asked if a recommendation could be added that the outdoor furniture
be not only discussed, but approved by the city staff before being placed on the
property.
Ray DeWeese, 123 W. McKey Street, indicated he lives in the house located adjacent
to this proposed project and mentioned he is excited about this microbrewery and thinks
it is a great opportunity for our city. He said he has no problem with their hours of
operations and is looking forward to this microbrewery on his block.
The public hearing was closed.
7:42 PM
Motion: Move that the Planning and Zoning Commission, acting as the Local
Planning Agency, recommend to the Ocoee City Commission Approval of the
Special Exception, Project#1-16-SE-025, for Toll Road Brewing Company with the
waiver requested as to City Code Article II Sale of Beverages 6 38-5, subject to
resolution of the remaining staff comments before the City Commission meeting:.
Moved by Member West, Seconded by Member Marcotte; Motion passed(7-0).
V. MISCELLANEOUS
A. Project Status Report - City Planner Rumer updated the Board on the
CubeSmart on west SR 50 and said the building plans are in and expect the
construction to start soon. The Orlando Gun Club, which is an indoor shooting
range and also on west SR 50, will be breaking ground soon. He mentioned the
Starbucks is moving to the Pizza Hut on SR 50. It will be a new Starbucks with a
drive-thru. The Pizza Hut is moving to the Verizon building. There are building
permits and a development plan for two (2) buildings on the corner of Maguire and
SR 50, which two (2) of the uses are for Tijuana Flats and Orlando Health Urgent
Facility, which leaves four (4) more uses to be filled. There is a revision to the
Foundation of Light with paving the parking lot. There is currently an application
for a Montessori school on Lakewood. There is a revision for the Popeyes on the
northeast corner of Maguire and SR 50. The Zaxby's on Good Homes Road is
finishing up. The City is reviewing the final site plan for The Park at 429 PUD.
City Planner Rumer concluded by emphasizing what the City has reviewed
regarding site plans, interior buildouts and inspections throughout the past year
and stated it has been a very successful year.
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Planning and Zoning Commission Meeting
November 8,2016
B. November Calendar
VI. ADJOURNMENT - 7:52 pm
ATTEST: APPROVED:
Kathy Heard, Recording Clerk Rob McKey, Chairman
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