09-13-11 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.
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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
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