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11-29-2016 Agenda Packet - Special Meeting Mayor Commissioners Rusty Johnson John Grogan, District 1 Rosemary Wilsen, District 2 \ / City Manager Robert Frank Richard Firstner, District 3 Joel F. Keller, District 4 ocoee florida PLANNING AND ZONING COMMISSION (LOCAL PLANNING AGENCY) SPECIAL MEETING NOVEMBER 29,2016 AGENDA 7:00 PM I. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II.CONSENT AGENDA III. OLD BUSINESS IV. NEW BUSINESS A. Toll Road Brewing Company 1. Special Exception City Planner Rumer V. MISCELLANEOUS VI. ADJOURNMENT NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. More than one Commissioner may participate or hear discussions regarding a matter which will come before the Commission for action. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905-3105,48 hours in advance of the meeting. City of Ocoee • 150 North Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100• fax: (407) 905-3167 •www.ocoee.org S Mayor Commissioners Rusty Johnson John Grogan, District 1 lk\401PP. Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank '' ' Joel F. Keller, District 4 florida STAFF REPORT TO: The Planning and Zoning Commission 777 FROM: Michael Rumer, MPA, City Planner DATE: November 29, 2016 SUBJECT: Toll Road Brewing Company Special Exception - Project# 1-16-SE-025 ISSUE: Should the Planning & Zoning Commission recommend approval of a Special Exception for Toll Road Brewing Company, a Microbrewery and Taproom, located in a C-2 (Community Commercial) zoning district? BACKGROUND: The subject property consists of an existing one-story 2,988 square foot office 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 fo 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 Single-family Dwelling The Planning and Zoning Commission Meeting Date: November 29,2016 Page 2 of 4 DISCUSSION: The proposed Toll Road Brewing Company's operation will be a locally owned small craft brewery located in Downtown Ocoee. Toll Road Brewery 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. 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 — 10pm Friday—4pm — Midnight Saturday— 11 am — Midnight Sunday— 1pm —8pm. 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 or school. There are currently four religious institutions that touch the property within 1,000 feet. One of the churches is located in the Gosselin Realty Center as a lease. 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). In accordance with Section 4-8.B. (2) of the Land Development Code, the proposed use must be considered in relation to the compatibility with the surrounding land uses. Additionally, the proposed use should not contribute to the following: is • The Planning and Zoning Commission Meeting Date: November 29,2016 Page 3 of 4 • Violate the health, safety, welfare, and/or convenience of those working or owning land in the vicinity of the proposed use or structure • Impair pedestrian or vehicular movement in adjoining streets so as to violate adopted level of service standards • 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 • Prevent an adjoining landowner from the legal use of his property pursuant to the Land Development Code • Violate a requirement of limitation of any applicable state or federal law or regulation • Exceed the applicable density or bulk regulations except as specifically authorized, nor shall the use or structure result in overcrowding of land or buildings • Create a fire hazard. 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. x The Planning and Zoning Commission Meeting Date: November 29,2016 Page 4 of 4 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. ',. Attachments: Location Map Zoning Map Aerial '! Past Building Elevation Proposed Special Exception Development Plan } i i i i 4 i'^. , j�. 1. i Toll Road Brewing Location Map L. .v 1-0 I ,,. .a, . E k Y U Okland fir i... 0 t it y-- I s CO , i i f a, , , , z it \ 1111 , 1 V. i , I. —• cn 1 4 ...... • } 3 Z Sills R 0 )) , ( , C. .____________ ou). 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BELL ROY A BLACKWELL DAVID M CARTSCOT LLC 11 FLORAL ST BLACKWELL MARIE C 2 N BLUFORD AVE OCOEE, FL 34761 487 S BLUFORD AVE OCOEE, FL 34761 OCOEE, FL 34761 CENDEJAS ESTHER C CERTI FINE FRUIT CO INC CHURCH OF CHRIST OF OCOEE FLA INC 121 N CUMBERLAND AVE 125 TERRA MANGO LOOP 2 MAGNOLIA ST OCOEE, FL 34761 STE A OCOEE, FL 34761 ORLANDO , FL 32835 COOK JAMES W LIFE ESTATE CSX TRANSPORTATION INC DINSDALE TROY COOK ELIZABETH A LIFE ESTATE C/O TAX DEPTJ 910 109 W OAKLAND AVE 15 S CUMBERLAND AVE 500 WATER ST OCOEE, FL 34761 OCOEE, FL 34761 JACKSONVILLE, FL 32202 FOUNDATION OF LIGHTS TRUST GODBY MARK A HOWELL ROBERT E c/o SHAIKH IBRAHIM HABACH TRUSTEE 18 W OAKLAND AVE HOWELL JANIECE S 120 FLORAL ST OCOEE, FL 34761 17 SILLS ALY OCOEE, FL 34761 OCOEE, FL 34761 LEAPS& BOUNDS LLC MALLORY ROBERT ODELL TR MCKEY CROSSING LLC PO BOX 2454 698 MONTGOMERY AVE 118 W MCKEY ST WINDERMERE, FL 34786 OCOEE, FL 34761 OCOEE, FL 34761 MEEKS JAMES R OCOEE CHRISTIAN CHURCH INC OCOEE CHURCH OF CHRIST MEEKS OUIDA PO BOX 128 2 MAGNOLIA ST 1011 OAKDALE ST OCOEE, FL 34761 OCOEE, FL 34761 WINDERMERE, FL 34786 PEREZ ALEJANDRO RKF FRANKLIN STREET PROPERTY LLC SILLS JIMMY F PEREZ ANGELA 19544 COUNTY ROAD 33 SILLS CATHYJ 102 W MCKEY ST GROVELAND, FL 34736 205 S LAKESHORE DR OCOEE, FL 34761 OCOEE, FL 34761 STALKER JOSHUA TOM WEST INC TOM WEST TRUST 700 N LAKEVIEW AVE PO BOX 250 C/O THOMAS MILTON WEST TRUSTEE WINTER GARDEN , FL 34787 OCOEE, FL 34761 PO BOX 1028 OCOEE, FL 34761 WALKER CATHERINE L ZOSEL THOMAS G PO BOX 603 30 FRANKLIN ST OCOEE, FL 34761 OCOEE, FL 34761