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HomeMy WebLinkAbout11-29-2016 Minutes Mayor Commissioners \ Rusty Johnson John Grogan, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 o c o e e Robert Frank Joel F. Keller, District 4 florida PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MINUTES SPECIAL MEETING NOVEMBER 29, 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 Evans, Member Richemond, Member Sills, Member West, and Member Wunderlich. Also present were City Planner Rumer, Assistant City Attorney Crosby-Collier and Recording Clerk Heard. Absent: Member Keethler. II. CONSENT AGENDA - None III. OLD BUSINESS - None , Planning and Zoning Commission Meeting November 29, 2016 Member Sills advised the Board that due to a conflict he will be abstaining from voting on the Toll Road Brewing Company agenda item. He informed the Board he has filled out and handed to the recording clerk Form 8B. (Form 8e on file in the Clerk's Department.) IV. NEW BUSINESS A. Toll Road Brewing Company - Special Exception Project#1-16-SE-025 City Planner Rumer City Planner Rumer advised the Board that there was an error in advertising for this special exception public hearing, which was recently held on November 8, 2016; and he further thanked the Board for attending this special meeting. He proceeded to present a summary of the subject property, which is located in downtown Ocoee at the northwest corner of McKey Street and Cumberland Avenue. 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 this special exception application, which is proposing a locally-owned microbrewery and taproom. This proposed microbrewery will be moving into an existing building, which is a one-story, 2,988 square-foot office building that 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 building to a three-barrel operation microbrewery with only on-site sales and no intentions of distributing. The existing building will be remodeled with a 550 square-foot three-barrel (93 gallon) brewing area, 900 square-foot taproom with approximately 34 seats, and a 550 square-foot covered patio with approximately 40 seats. The taproom will have 10- 12 taps serving 8-10 house-brewed beers with seasonal beers, 2-4 guest taps and wine. There will be two unisex restrooms and televisions, possibly a small stage for acoustic music from time to time. City Planner Rumer explained the special exception process, which looks at the use and site; and further, is approved by the City Commission to be a special exception plan. He advised the Board, if at a later date the applicants wish to expand, they will need to revise the special exception plan. He explained the special exception will approve the use for the parcel, but subject to what is indicated within the special exception plan. Planning and Zoning Commission Meeting November 29, 2016 City Planner Rumer discussed the character of the area and how it will be changing with the recently-adopted Downtown Master Plan. He indicated presently there are 26 on-street parking spaces and the site shows the ability to add eight (8) more spaces. 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. He advised the proposed hours of operation are as follows: Monday/Tuesday closed, Wednesday/Thursday 5:00 pm to 10:00 pm, Friday 4:00 pm to midnight, Saturday 11:00 am to midnight, Sunday 1:00 pm to 8:00 pm. City Planner Rumer explained the City has siting requirements for selling alcoholic beverages within 1,000 feet of a school or church. 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 II Sale of Beverages § 38-5. He indicated there are presently four (4) churches within 1,000 feet. City Planner Rumer clarified the Downtown Master Plan stating this plan has regulations within it for creating urban development in the downtown, which has been adopted by the City Commission, but such regulations have not yet been adopted in the Land Development Code. At some point in the near future, this Board and the community will see Land Development Code regulations adopted. These regulations will create the urban and mixed uses, which are intended in an urban downtown. 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 Planning and Zoning Commission Meeting November 29, 2016 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. 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: Chairman McKey inquired about the guest beers and whether they will be distributed into the establishment, and City Planner Rumer indicated the applicant can speak to that. Chairman McKey spoke about the waiver and asked City Planner Rumer to clarify Section 4-8.B. (2) of the Land Development Code, which lists qualifications that cover the waiver and the special exception. City Planner Rumer listed the criterion for the special exception, which is as follows: • The proposed uses and structures would not violate the land uses, densities or other directives of the adopted Comprehensive Plan or of this Code. • The proposed uses and structures would be compatible with the uses, structures and activities on adjacent and nearby lands. • 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: Planning and Zoning Commission Meeting November 29, 2016 (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. • The use or structure would not create a fire hazard. • 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. • The use or structure would not prevent an adjoining landowner from the legal use of his property pursuant to the Land Development Code. • The use or structure would not violate a requirement of limitation of any applicable state or federal law or regulation. • The use or structure would not result in the inadequacy or inability of any public facility or service to meet adopted standards. Chairman Mc Key asked whether staff analyzed the above criterion and approved y pproved it as such. City Planner Rumer said along with staff, the City Commission and citizens have also inputted immense discussions and effort studying and analyzing the Downtown Master Plan to create a vibrant downtown. Member Marcotte asked City Planner Rumer to explain why this second meeting is taking place. City Planner Rumer explained that the 300-foot notice that was mailed out to residents within the surrounding 300 feet of the proposed establishment entailed the wrong meeting date. Member Evans inquired if any entertainment will be provided. City Planner Rumer indicated that the applicant can better answer the question, but he stated they will have an acoustical stage for music along with TVs. Duane Morin, Applicant and co-owner, explained how they came up with the name for this microbrewery. He indicated the guest drafts, especially ciders, will be delivered on a small truck. He said they will not be allowed to brew ciders, because of permitting issues. He stated their idea is to be a community pet-friendly family hub for people to gather. He commented this will be very similar to the Crooked Can in Winter Garden, but on a much smaller scale. He said they will not and cannot serve hard alcohol and will not be open until 2:00 am, and he explained this is definitely not a bar. He further mentioned that the brewery has to have a Federal and State License to brew on premise. Planning and Zoning Commission Meeting November 29, 2016 The public hearing was opened. Chairman McKey announced two public speakers whom were unable to attend, Nancy Cox, 510 Orange Avenue, and Ouida Meeks, 102 N. Cumberland Avenue. Their comments are attached for the record. Keith Olander, 312 Wurst Road, spoke in opposition. George Harris, 1735 Glenhaven Circle, spoke in opposition. Mark Battaglia, 9224 New Orleans Drive, Orlando, spoke in opposition. Chairman McKey asked City Planner Rumer if he would care to address parking in the vicinity. City Planner Rumer conveyed currently there are 26 parking spaces on McKey Street with the ability to park a minimum of eight (8) on this subject property. He continued to explain the downtown redevelopment plan indicating the infrastructure is currently underway, and over the next three years there will be issues with traveling and parking around this downtown area. David Hartbarger, 7 S. Lakewood Avenue, spoke in opposition. Sandra Hartbarger, 7 S. Lakewood Avenue, spoke in opposition. Margaret Marquis, 203 S. Cumberland Avenue, spoke in opposition. Sean Gleason, 30 W. McKey Street, spoke in favor. Juan Rios, 14 W. McKey Street, spoke in favor. Charitty Cornine, 258 Misty Meadow Drive, spoke in opposition. Sharriff Mohammed, 751 E. Silver Star Road, spoke in opposition. Courtney Conner, 7907 Beechdale Court, Orlando, spoke in favor. Martha Lopez-Anderson, 2438 Alclobe Circle, spoke in favor. The public hearing was closed. Member Evans inquired if the Crooked Can in Winter Garden serves food. Chairman McKey stated they do not sell food directly, but there is food adjacent. Member West expressed he feels this is a very good start for the downtown redevelopment; and further, he stated he has not heard anything that would change his vote from the last meeting, which he voted in favor for and said vote passed unanimously. He further indicated if more parking is needed, he owns land nearby. yy g�. 4 Planning and Zoning Commission Meeting November 29, 2016 ! Member Marcotte thanked residents for showing up and expressing their thoughts on this project. He indicated this is a responsible business in which he believes can be operated responsibly. He expressed that creating a parking problem concerns him in which he does not want the burden of fixing the parking problem to be placed on the taxpayers. Member Richemond expressed his concern with the hours of operation on Sundays. 1 He believes opening at 1:00 is too early. Chairman McKey agreed with Member Richemond; and further, indicated he believes it is a conflict and suggested a condition be put in place to modify the hours of operation on Sundays. He asked City Planner Rumer to clarify the process of notification for residents who believe they were not timely notified of this special exception. Ci ty Planner Rumer briefed the residents and Board on the requirements for public hearings. Member Evans indicated she is in favor of progression, but believes this establishment should offer food for inclusivity. 8:09 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 ll Sale of Beverages § 38-5, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member West, Seconded by Member Wunderlich; Motion passed (6-1) 1 with Member Evans opposing and Member Sills abstaining. 1 V. MISCELLANEOUS — None VI. ADJOURNMENT - 8:13 pm ATTEST: APPR• ED: jiat y H ard, Recording Clerk Rob McKey, Chairman FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF-BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE J yvoAY F / M 575 MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON ?& L`. s /A /E S g0 �Q 6 f) Q. WHICH I SERVE IS A UNIT OF: CITY CJ 5 /` /C o /COUNTY )CITY ❑COUNTY ❑OTHER LOCALAGENCY C �L RA/l F NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED /�° MY POSITION IS l(- ��`- 2 ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Mi()Y F S ILA s ( - � , hereby disclose that on t 29 - ,20 1 . (a)A measure came or will come before my agency which(check one or more) , Xinured to my special private gain or loss; 2 inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. H - - figa C5:a Date Filed Si•'ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.31 , A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.