LPA07-13-11Min = a
CITY OF L,ONGWOOD
Land Planning Agency
Minutes
CITY COMMISSION CHAMBERS
July 13, 2011 - 7:00 P.M.
175 W. Warren Avenue
Longwood, FL 32750
ATTENDANCE
BOARD: STAFF:
Bruce E. Noyes Chair Sheryl L. Bower, AICP, Director
Brian Fiore, Vice -Chair Chris Kintner, AICP, Planner
Judy Putz, Member John Hambley, AICP, Planner
Robin Thorn, Member Giselle Gonzalez, Recording Secretary
ABSENT:
John R. Prince, Member
1. CALL TO ORDER
Chair Noyes called the meeting to order at 7:00 p.m.
2. ADDITIONS AND DELETIONS
None.
3. APPROVAL OF THE MINUTES FOR
A. Regular Meeting April 13, 2011
Member Putz indicated that she would like to move to approve the April 13`
2011 minutes as submitted and compliment the recording secretary on an
excellent job. Seconded by Chair Noyes and carried by a unanimous voice call
and vote tivith Member Prince absent.
4. PUBLIC COMMENT
Ms. Bower stated she would like to present to the Board a new Staff Member,
Planner Mr. John Hambley.
The Board welcomed Mr. Hambley.
5. PUBLIC HEARING
A. LDCA 03 -11 Longwood Development Code Amendment
Ordinance 11 -1969
AN ORDINANCE OF THE CITY OF
LONGWOOD, FLORIDA, AMENDING THE
LONGWOOD DEVELOPMENT CODE
ARTICLE II LAND USE AND OVERLAY
DISTRICTS, ARTICLE III DEVELOPMENT
DESIGN STANDARDS, ARTICLE V
SUPPLEMENTAL STANDARDS, ARTICLE
VI SIGNS, ARTICLE VII CONCURRENCY
MANAGEMENT, ARTICLE IX HARDSHIP
RELIEF, ARTICLE X ADMINISTRATION,
AND THE LONGWOOD DESIGN
GUIDEBOOK, TO STREAMLINE AND
CLARIFY EXISTING DEVELOPMENT
PROCESSES, REFLECT CHANGES FROM
COMPREHENSIVE PLAN AMENDMENT 01-
11, AND EXTEND THE BOUNDARIES OF
THE TRANSIT VILLAGE; PROVIDING FOR
CONFLICTS, CODIFICATION,
SEVERABILITY AND EFFECTIVE DATE.
Chair Noyes asked if someone would like to speak in favor or against the
item during the Public Hearing section.
Mr. Patrick Fulton proceeded to the podium. Mr. Fulton indicated that he
would be speaking on behalf of Collison Family Funeral Homes located at
335 E. State Road 434, Longwood, Florida.
Mr. Fulton indicated he had a comment in regards to Section 5.4 D,
which is on page 10 of 18. Mr. Fulton indicated to the Board that they had
discussed with Staff that Collison Family Funeral Homes would not
cremate for other firms but would be able to cremate for themselves.
However, the language of Section 5.4.18 D states that at no time shall a
crematorium serve any other entities. Mr. Fulton indicated they were
concerned with this section because it would prevent Collison Family
Funeral Homes from being able to cremate for their own locations in
Sanford, Maitland and Winter Park.
Chair Noyes asked Mr. Fulton if Collison Family Funeral Homes had
other crematoriums.
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Mr. Fulton indicated that they did not have any other crematoriums.
Chair Noyes asked Mr. Fulton if they were looking to establish a
crematorium in Longwood that would serve their other franchise locations
or chains.
Mr. Fulton indicated that was correct.
Mr. Fulton pointed out that the way the language is written in Section
5.4.18 D, the Code would only allow Collison Family Funeral Hornes to
cremate for another firm if it is licensed under the same name and located
within the city limits of Longwood.
Ms. Bower explained that the City Commission was concerned the
cremation process would become a more intense use. For that reason, Staff
wanted the crematorium to be an accessory use just to that specific funeral
home location. As oppose to allowing Collison Family Funeral Hones to
bring bodies into Longwood from other locations. In addition, Ms. Bower
indicated that Staff wanted to make sure crematoriums were serving the
residents of Longwood.
Chair Noyes stated that the way the Section 5.4.18 is worded, the Code
would allow a crematorium as an accessory use for a funeral home on a
specific location.
Ms. Bower pointed out that if Collison Family Funeral Homes had another
facility within the City of Longwood, then that other facility could use the
crematorium. Staff would prefer that they just have one crematorium
instead of two. Ms. Bower indicated that Staff is concerned that the
cremation process could become a more intensive use if Collison Family
Funeral Homes is allowed to bring in bodies from other facilities that are
outside the city limits. If that is the case, then we should be looking at
either restricting the use or moving the business to the Industrial District.
Ms. Bower pointed out that this was a controversial topic a few years ago.
Ms. Bower indicated she did not realize Collison Family Funeral Homes
was planning on bringing in bodies from outside the City. Ms. Bower
stated that it was her understanding the crematorium was only going to
service their Longwood location.
Vice Chair Fiore asked Staff if the ownership limitation was not restrictive
enough to prevent Collison Family Funeral Homes from subcontracting
and bringing in bodies from other funeral homes under different
ownerships.
Ms. Bower stated that Staff was hoping the ownership limitation would
address that issue.
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Vice Chair Fiore asked Staff if the language "within the city limits of
Longwood" could be eliminated. Vice Chair Fiore also asked if the
ownership limitation and the regulation of one crematorium per funeral
home could be enough to regulate these businesses. With these regulations
in place, these businesses could bring in bodies form their other facilities
that are under the same ownership.
Ms. Bower stated that Staff's approach was that the crematorium would be
servicing the. citizens of Longwood. However, Ms. Bower indicated that
the Land Planning Agency could recommend to the City Commission that
the language be changed to "outside the city boundaries" instead of
"within the city limits of Longwood ".
Member Putz asked Mr. Fulton how many funeral homes they had outside
the City of Longwood.
Mr. Fulton stated they have locations in Sanford, Maitland and Winter
Park.
Member Putz asked Mr. Fulton if they anticipate expanding to other
locations.
Mr. Fulton indicated that they do not anticipate expanding to 'other
locations. Mr. Fulton explained to the Board that the understanding was
that they would not cremate for other firms but would be able to cremate
for their own facilities. Mr. Fulton stated they explained to Staff that
Collison Family Funeral Homes had other facilities outside the City of
Longwood. Mr. Fulton pointed out that they will not be cremating for
other funeral homes under different ownership, the just want to be able to
cremate for their own facilities.
Member Putz asked Mr. Fulton how many bodies does the company
cremate a week.
Mr. Fulton stated that for the year the total cremations are about two
hundred and fifty.
Member Putz indicated that would be approximately five cremations per
week.
Mr. Fulton pointed out that there are a lot of myths about crematoriums.
He wanted to make sure it was clear to the Board and Staff that there will
be no smoke or smell coming from their facility. Mr. Fulton indicated that
the only item that will be seen from the outside is the heat signature.
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Member Putz asked Mr. Fulton if they had two locations in Longwood.
Mr. Fulton stated they have locations in Longwood, Sanford, Maitland and
Winter Park.
Member Thorn asked Mr. Fulton if there was any particular reason why
they wanted to have a crematorium at their Longwood facility.
Mr. Futon explained to the Board that Collison Family Funeral Homes
was actually pre- approved to establish a crematorium at their Longwood
facility. When Mr. Greg Collison was looking into purchasing that
location, he wanted to make sure he could establish a crematorium. For
that reason, Mr. Collison approached the City and received a letter
indicating that the City approved the crematorium as long as they stayed
within the boundaries. It has been five years since they received that fetter.
Mr. Fulton explained to the Board they have even already ordered the
machine.
Member Thorn asked Mr. Fulton if there are Environmental Protection
Agency (EPA) requirements the business would have to go through.
Mr. Fulton stated they have already been through the EPA process and
have been approved. Mr. Fulton explained that the State is very particular
about the location and if it is close to residential areas. Mr. Fulton pointed
out that their Longwood facility is the only location where they could
establish a crematorium.
Member Putz asked Mr. Fulton where exactly their Longwood facility was
located.
Mr. Fulton indicated that their location is about two blocks from the
offices of the City of Longwood. The address is 335 East SR 434,
Longwood, Florida 32750. Their location is next to a doctor's office and
across the street from the Public Works facility.
Mr. Fulton explained to the Board that nothing except the smokestack will
be seen from the outside, which can even be placed at the back or on the
side of the building. There will not be any kind of visual impact or smell.
Member Putz asked Staff what was the land use at that location.
Ms. Bower indicated it was Infill and Mixed Use, which allows for
residential and commercial uses.
Member Putz asked staff what was currently around that location and if a
mixed use development could be built there.
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Ms. Bower indicated the location was in the TOD area, which meant there
could possibly be developments in the future.
Ms. Bower explained to the Board that Staff reviewed the crematorium as
an accessory use. However, it cannot be an accessory use if they are
allowed to bring in bodies from other locations outside the city limits of
Longwood. If we are going to be allowing crematoriums as a principal
use, then the Infill and Mixed District is possibly not the district they
should be in. It is necessary to determine how intense a use can get. Staff
needs to look into what the impacts on the site will be.
Mr. Fulton pointed out there will be no increase in vehicle traffic because
their Longwood location has the cooling facility which already holds all
the bodies for their different locations. Mr. Fulton indicated that a"t this
moment there are no issues with the removal vehicles bringing i;n the
bodies. Everything will remain the same and therefore there will be no
impacts.
Member Thorn indicated that his main concern is that other funeral homes
will want to establish in Longwood and have their own crematoriums.
How many crematoriums will the City of Longwood have. People are not
going to want crematoriums on every block. Member Thorn stated Ile
believes the City should honor what was written in the letter to Collison
Family Funeral Homes. However, he understands Staff s concerns and the
issue of having several funeral homes wanting to do the same thing.
Chair Noyes asked if there was someone else that wanted to speak in favor
or against the item.
Mr. Steve Talley proceeded to the podium and indicated that he: lives
at 2045 Sprint Boulevard, Apopka, Florida 32703. Mr. Talley indicated he
works with Mathews Cremation Division and has over thirty years of
experience in this profession. Mr. Talley pointed out to the language of
Section 5.4.18 D which states that "at no time shall a crematorium, serve
other entities ". Mr. Talley indicated that this language severely affects the
independently owned funeral establishments because they need to have
their own crematoriums in order to be able to compete with other major
corporations.
Mr. Talley explained that the main thrust for these businesses is not in the
quantity but the different services they are able to provide for families.
The only way for these small entrepreneurs to be able to compete with
larger corporations, is for them to be able to have a crematorium that
services their facilities.
Mr. Talley stated that not every funeral home is going to establish its own
crematorium. The reason is that most funeral homes would rather sell the
casket and all the services associated with the viewing. Mr. Talley pointed
out that nine times out of ten the cremation family will use the services of
a funeral establishment that has its own crematorium.
Mr. Talley indicated that putting the language "within the city limits of
Longwood" is too restrictive. Mr. Talley pointed out that a lot of families
in smaller cities are going to Orange County or VOILIsia County to have
the services done. Mr. Talley stated he believes the City would like to
keep the services within their jurisdiction as much as possible and not
have families go to other cities.
Mr. Talley stated the cremation process from start to completion is ;about
two hours. Therefore, based on the numbers Mr. Fulton provided, ninety
four percent of the time the machine will not even be in operation.
Mr. Talley explained to the Board that this type of business is heavily
regulated by both the Florida Department of Professional Regulation and
the Florida Department of Environmental Protection. Mr. Talley noted that
over seventy percent of the manufactured units are sold to funeral homes
that are Located in residential or light commercial zoned areas.
Member Putz asked Mr. Talley how these funeral homes were able jo go
around the EPA and locate in residential areas when Mr. Fulton just
indicated that Collison Family Funeral Homes was not allowed to
establish a crematorium close to residential properties.
Mr. Talley stated lie was not sure of the circumstances.
Mr. Fulton explained to the Board that Collison Family Funeral Homes
cannot establish crematoriums in their other facilities because they are
located close to wetlands and right next door to homes.
Mr. Talley stated that he believes it is important for Collison Family
Funeral Homes to be able to serve their families in Sanford, Maitland and
Winter Park out of one central location. Mr. Talley pointed out that the
equipment costs over one hundred thousand dollars. For that monetary
reason is that it would not make sense to have two crematoriums in one
area.
Mr. Fulton explained to the Board that there is a large Hindu community
in Longwood. The Hindu community seeks the services of crematoriums
in order to have their religious ceremony. Currently, this is a service that
none of the facilities of Collison Family Funeral Homes can provide,
Chair Noyes moved to close the public hearing section. Seconded by
Member Putz and carried by a unanimous voice call and vote it ith
Member Prince absent.
Member Putz asked Ms. Bower if she had a copy of the letter from the
City that was written to Collison Family Funeral Homes indicating they
were approved for a crematorium.
Ms. Bower stated that her predecessor wrote a letter saying a crematorium
was allowed. However, this statement was incorrect because the way the
City Code works is that if something is not specifically spelled out then it
is not allowed. Surrounding communities allow crematoriums in the
Industrial or Commercial areas. However, Colli.son Family Funeral Homes
is located in the Inf Il and Mixed Use District. Ms. Bower stated that she
suggests keeping the language as is and add a conditional use level that
would allow the City Commission to add conditions.
Chair Noyes pointed out there was no permitted use for a crematorium in
the City of Longwood at the time the letter was written. Chair Noyes
stated that currently Staff is adding provisions for a crematorium to be
used as an accessory to a funeral home within the City of Longwood.
Chair Noyes asked Staff if they were concerned that the crematorium
would exceed the definition of an accessory use.
Ms. Bower stated that an accessory use is supposed to service the use on
the site. Allowing businesses to bring in bodies from other locations
outside Longwood is crossing that boundary. If we just leave that aspect
open and have no control over how many different places a business is
bringing in bodies from, there might be a potential for it to become more
than an accessory use.
Chair Noyes asked what is the downside of the crematorium becoming
more than an accessory use.
Ms. Bower indicated that if it is going to be more than an accessory use it
is necessary to look into a different method of approval. Other
communities do not allow crematoriums in their Infill and Mixes! Use
District. Crematoriums are allowed in either an Industrial or strictly
Commercial area. In Longwood we are allowing a crematorium in a
district that allows for residential and commercial uses. Ms. Bower
pointed out that she is not stating there will be a problern but if it was
raised to a level of a conditional use, the Commission would be able to
add some criteria so we can properly manage the impacts.
Member Putz stated that the issue is not so much with this particular
business but the potential for other businesses that. have three hundred
funeral homes and service five thousand bodies a year. Member Putz
indicated that personally she does not have a problem with this item.
However, she understands Staff's concerns.
Ms. Bower suggested that businesses who want to bring in bodies from
outside the City should go through a conditional use process.
Member PUtZ pointed out that the business will still be allowed, however
there will be certain conditions established by the City Commission
through the conditional use process.
Chair Noyes stated he is trying to understand fully the City's concerns
with this item. Chair Noyes asked Staff if the concern was because this
would open the door for larger corporations or chains that could turn one
of their facilities into something that would not be part of the permitted
land use.
Ms. Bower indicated that through research Staff learned that a lot of
municipalities around Longwood do not even allow crematoriums. For
that reason, Staff was concerned that if Longwood is less restrictive, the
City could become a magnet for crematoriums. if the City allows for
crematoriums to be more than an accessory use, it would mean having
crematoriums as standalone uses in the Infill and Mixed Use District. The
burning and embalming of bodies is really more of an Industrial use.
Member Thorn asked how would a person know if a funeral home had a
crematorium if there was not going to be any change to the outside of the
building or any increase in traffic. Very soon the whole City of Longwood
will be in the Industrial District because it seems the City is pushing all the
businesses there.
Ms. Bower explained that if a crematorium had the potential of becoming
more of a principal use, then it is necessary to prevent this by using
regulations through conditional uses. However, if the City allows
crematoriums as a principal use then it is necessary to determine where
crematoriums should be allowed.
Member Thorne noted that in the case of Collison Family Funeral Homes
the crematorium is an accessory use.
Member Putz stated that an accessory use is a subservient to the main use.
If a business is servicing five facilities it is no longer an accessory use.
Ms. Bower explained to the Board that accessory means servicing the use
of the site. It does not mean an accessory to the business.
Member Thorn indicated that he would rather have crematoriums as an
accessory to funeral homes than as standalone crematoriums on SR 434.
Member Putz noted her concern would be if a funeral home had two
hundred funeral homes in the area and would like to accessorize all of
them.
Member Putz explained that the conditional use would basically state they
are allowed to establish a crematorium on the condition they only service
certain named funeral homes.
Ms. Bower pointed out that it is the City Commission's decision to
determine what the conditions will be.
Chair Noyes asked if the City Commission had the authority to pick and
choose.
Ms. Bower indicated that the City Commission had the authority to draw
the line.
]Member Putz stated that the City Commission might allow the use for
Collison Family Funeral Homes because of the existence of the letter.
Ms. Bower indicated that the letter does not hold up in a court of law.
Ms. Bower pointed out that taking it to a conditional use level will allow
the City Commission to limit the crematorium services to the five facilities
that Collison Family Funeral Homes currently has.
Vice Chair Fiore asked what were the premises that the crematorium is
only supposed to serve the residents of Longwood.
Ms. Bower explained that a crematorium had to be an accessory use.
Vice Chair Fiore asked if cemeteries are limited to Longwood residents.
Ms. Bower stated that the City of Longwood does not allow crematoriums
in cemeteries.
Vice Chair Fiore asked if there was a similar rule for cemeteries, in which
only Longwood residents are allowed to be buried in Longwood
cemeteries.
Ms. Bower stated no.
Vice Chair Fiore asked if the issue was more with crematoriums because
of the burning of bodies and not just necessarily servicing the residents of
Longwood.
Ms. Bower stated that Staff is trying to keep the crematorium in theInfill
and Mixed Use area. However, if the Board decides to recommend leaving
the criteria more open, crematoriums should be moved to the Industrial
area. Ms. Bower indicated she is not saying Collison Family Funeral
Homes should move to the Industrial area, she is just saying there should
be conditions established.
Member Putz indicated that she agrees with having a conditional use to
allow a facility service a couple of locations. However, if a big company
wanted to come in Longwood and service a large amount of different
locations, then they should probably be located in the Industrial district.
Vice Chair Fiore asked if it is possible to delete the portion that says
within the city limits of Longwood and instead add language that refers to
ownership of certain number of units.
Member Putz pointed out that this would not solve the accessory use issue.
Member Putz asked Staff if it was possible to pass the language as
submitted with the recommendation to the City Commission that they
consider allowing this company to service its facilities through a
conditional use. The final analysis is really up to the City Commission
since LPA only recommends.
Ms. Bower indicated that at the time the letter was written in the year
2005, the zoning of the parcel was General Commercial and did not allow
for residential uses. Since that time, the parcel has changed from General
Commercial to Intill and Mixed Use.
Member Putz asked if the applicants had given any reason as to why it
took five years to decide on having a crematorium.
Ms. Bower responded no.
Mr. Fulton explained that it was for monetary reasons.
Ms. Bower pointed out that because codes change constantly, zoning
letters like the one written to the applicant, are practically only good on
the day they were written.
Vice Chair Fiore asked what was the actual definition of accessory use.
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Ms. Bower stated that an accessory use has to be subordinate to the
principal use.
Vice Chair Fiore asked if Staff were to assign a percentage, what would be
the number assigned to an accessory use. For example, would an
accessory use be forty nine percent.
Ms. Bower indicated that it is not possible to take into account just the size
but also the intensity of the use.
Member Thorn asked if Collison Family Funeral Homes had no other
facilities, would they be allowed to have a crematorium that services
Longwood.
Member Putz stated that if the ordinance was passed then the answer to
the question would be yes.
Mr. Fulton indicated that servicing their facilities was part of the business
plan all along. Mr. Fulton stated lie discussed with Staff that Collison
Family Funeral Homes would not cremate for competitors but would
cremate for their own facilities. Mr. Fulton pointed out that there will be
no increase in traffic because the bodies are already coming to the
Longwood facility.
Ms. Bower stated that when Staff saw the letter that was provided to
Collison Family Funeral Homes, Staff knew there was a problem and
wanted to reach out and help. Staff would not have written a code that did
not help the customer. Ms. Bower stated that it was not her impression that
Collison Family Funeral Homes wanted to bring in bodies from outside
Longwood, otherwise she would have put in a conditional use.
Member Putz noted that adding a conditional use could still be done.'
Chair Noyes asked Mr. Fulton if a crematorium could cost effectively
support only one funeral home.
Mr. Fulton responded no.
Chair Noyes indicated that the reason he asked that question was because
he does not want to be creating language for something that cannot
financially exist.
Member Putz asked Staff what was involved in having Collison Family
Funeral Homes apply and receive a conditional use.
Ms. Bower noted that they would need to submit an application. Staff
would review the application and take it to the next available City
Commission meeting.
Member Putz suggested moving on and discussing the other items of the
ordinance.
Board members agreed to move on to other items.
Chair Noyes noted that he had a question in regards to the definition of
Medium Density Residential which was on page I of 18. Chair Noyes
stated that he thought MDR was up to ten dwelling units per acre.
Mr. Kintner indicated that this change was made in order to match what
was in the Comprehensive Plan. Mr. Kintner explained that initially Staff
had discussed about the maximum density being ten but it was changed to
fifteen in order to match the Comprehensive Plan.
Vice Chair Fiore referred to Section 2.2.3 and pointed out the change in
the density range. from one to seven to now six to ten. Vice Chair Fiore
asked Staff what was the purpose of eliminating the range between one
and five.
Mr. Kintner explained that the purpose was to promote the density in the
area close to the train station. The largest collection of Neighborhood
Commercial Mixed Use properties are currently around the train station
area.
Vice Chair Fiore indicated his concern was if an existing structure got
destroyed by a catastrophe, would the structure be grandfathered in or will
the owners need to comply with the current code and have to build a
multifamily unit on their property.
Mr. Kintner explained that if the structure was destroyed completely or
beyond fifty percent of the value, the new structure would need to be in
compliance with the current code.
Member Putz indicated that she called Mr. Kintner this week because of
concerns she had with items related to the Temporary Sign section.
However, Mr. Kintner explained that these items were already in the code
and Staff was just moving them under the Temporary Sign section on page
12 of 18.
Mr. Kintner apologized to the Board for the lack of clarity on that item.
Mr. Kintner stated he has always tried to label each chapter heading so the
Board could easily identify what section of the Code Staff was referring
to. However, that did not get done for chapter six. Mr. Kintner indicated
he will immediately rectify this issue.
Mr. Kintner explained to the Board that there are items in the Code which
apply to signs but are not under the temporary sign section. This may
cause confusion to the resident, business owner or developer that reads the
temporary sign section and does not know there are other places in the
code that also refer to sign regulations. In order to avoid this problem,
Staff decided to move items under the temporary sign section so ,these
regulations can be found in one single place.
Member Putz noted she was not aware these regulations were already in
the Code and Staff was just moving them to the temporary sign section.
Member Putz pointed out she was concerned with the sight -line clearance
distance for signs because it would mean that in order to comply with the
Code she would need to relocate her sign to the roof of her property. In
addition, Member PUtZ stated she believed it would be very difficult for
properties in the Historic District to comply with the regulation of the sign
being no closer than five feet from the right -of -way.
Member Putz explained that a couple of years ago the City was
encouraging people to build close to the road. However, now the City is
requiring signs to be no closer than five feet from the right -of -way.
Member PIItZ indicated that she believes these issues might cause
problems for residents and business owners.
Ms. Bower indicated that Staff will review and address these issues.
Member Thorn pointed out to the over pedestrian way of page 12 of 18.
Restated that he did not think a minimum of seven feet above pedestrian
way was high enough.
Ms. Bower explained that the over pedestrian way was really meant for a
strip plazas that have hanging signs.
Member Thorn stated he was not aware the over pedestrian way was
meant for strip plazas that have hanging signs. He noted that seven feet
was acceptable.
Ms. Bower referred to the section on page 15 of 18 under the Artisan
Village and noted Staff was going to be striking that language. Ms. Bower
stated Staff is instituting a brownfields program. Because of this program,
Staff has been in communication with several industrial property owners,
which have indicated they prefer to be part of an Industrial District and not
an Artisan Village.
Ms. Bower stated Staff sees the value of having an Industrial District in
the City of Longwood. For this reason, Staff is planning to have the
Artisan Village as a floating district. Ms. Bower explained to the Board
that the language on page 15 of 18 would have removed the Artisan
Village completely. However, Staff believes there might be a need to keep
the Artisan Village as an option in the case someone would want to use it.
Chair Noyes asked if the Artisan Village would be a transition.
Ms. Bower explained that the Artisan Village would be a floating zone.
Chair Noyes asked Staff if in the case a person wanted to establish a
business in an area where there was no conditional use for a particular
business, could that business then apply to have the area designated
Artisan Village.
Ms. Bower stated that it would probably not be applied to just one
property. Ms. Bower indicated Staff will need to put some kind of
limitations on how small an area could be. The Artisan Village starts to
get into gentrification and people like the aspect of having an Industrial
District where they can have warehouses and keep rental rates low.
Member Thorn indicated he would like to address the crematorium' item.
He believes there will not be any major impacts since all the bodies
already go to the Longwood facility.
Chair Noyes pointed out that the issue is with the particular land use
where the facility is located. It is not that the City of Longwood is against
mass production.
Member Thorn asked Staff if the facility is located far from residential
properties.
Member PUtZ stated that the facility is located near the Transit Oriented
District which allows for mixed use development.
Member Thorn indicated that a whole subdivision was built around a
sewer tank located near Rangeline Road. Therefore, people would
probably not have a problem living near a crematorium. Since the funeral
home is already established, Member Thorn stated he does not see a
problem for Collison Family Funeral Homes to have a crematorium at
their Longwood location.
Chair Noyes asked Mr. Fulton when the property was purchased.
Mr. Fulton responded that the property was bought when the City
provided them the letter indicating they would be allowed to establish a
crematorium at that specific location. The letter was requested for due
diligence before the property was actually purchased.
Vice Chair Fiore asked if it was possible to delete the language that says
within the city limits of Longwood. Then, if Longwood starts becoming a
magnet for crematoriums, the issue could be addressed by allowing
crematoriums only in the Industrial District.
Chair Noyes stated that establishing a crematorium sounds very expensive.
It seems like a crematorium would need to serve more than one location in
order to financially exist. In other words, why allow something that cannot
financially take place.
Member Putz stated it is not the business of the Board to discuss if a
business is financially feasible. The Board is here to discuss whether or
not the use of the land makes sense for the City. The crematorium as an
accessory use apparently makes sense with a conditional use established
by the City Commission. The Board needs to take into consideration all of
the planning involved in creating the Transit Oriented District and also all
the people that have invested and bought properties in that District.
Member PUtz indicated she believes it will all work out if the Board passes
the ordinance and recommends to the City Commission to establish a.
conditional use. In that way, the funeral home will be regulated and at the
same time will be allowed to bring in bodies from their other facilities.
Since we cannot legislate just for one company, this will allow other
funeral homes that share the same conditions to come into Longwood.
Member Thorn pointed out that the bodies are already transported to the
Longwood facility.
Chair Noyes indicated that he would like to know more about the
conditional use process.
Ms. Bower explained that zoning is supposed to be applied evenly.
However, there are cases in which the nature of a use could potentially
result in having greater impacts. The conditional use process allows for the
possibility to address or review a use of a specific property. Also the
conditional use process allows for the approving body, in this case the
City Commission, to add conditions to the approval.
Vice Chair Fiore stated he is still thinking about the accessory use aspect.
This particular location operates as a funeral home and also does other
non - crematory type of services such as storing, viewing and preparing
bodies. Vice Chair Fiore indicated he does not see how the crematorium
will become the overriding use of the property.
Ms. Bower explained that the accessory use has to serve the use of that
property. If the funeral home is bringing in bodies from other locations,
they are not serving the use of that specific property.
Chair Noyes pointed out that the crematorium is not the primary use, it is
the accessory use.
Vice Chair Fiore indicated he understands what is being said. However,
even though the Longwood facility services other locations under the same
ownership, it should still not make the crematorium the primary use.
Member Putz noted that other facilities besides the Longwood location
were involved. For that reason, the crematorium would not be an
accessory use for the Longwood facility. An accessory use is limited to a
specific property at a specific location. Member Putz stated that through a
conditional use process, the crematorium might be allowed to service their
other facilities. Member Putz also pointed out that if the company
suddenly decides to expand and start bringing in bodies from thirty or
forty different funeral homes, they would have to re -apply and go through
the conditional use process. The City Commission would be able to
determine what is allowable and what is not.
Chair Noyes stated that was a valid point.
Member Putz moved to approve Ordinance 11 -1969 as submitted with the
recommendation that for section 5.4.18 which refers to Crematoria, the
City Commission allows for a conditional process for crematoriums that
are under the same ownership and have more than one funeral home
within or outside the city limits of Longwood. Seconded by Chair Noyes
and carried by a imanimous roll call and vote with Member Prince absent.
6. DISCUSSION AND SCHEDULE FOR FUTURE AGENDA ITEMS
Ms. Bower stated that there was an RFQ for a Redevelopment Master Plan for the
Heritage Village which includes the Historic District, Transit Village, Hospital
Core and both sides of State Road 434 from Rangeline to Grant. Staff is currently
reviewing the proposals that have been taken in. If the Commission .decides to go
with one of the teams that have submitted the proposal, there will be a process
taking place in the early fall. Both the Board and the public will be involved in
that process.
Next Regularly Scheduled Meeting: August 10, 2011
7. ADJOURNMENT
Chair Noyes moved to adjourn. Seconded by Member Pulz and carried by a
unanimous voice call and vote with Member Prince absent.
Chair Noyes adjourned the meeting at 8:20 p.m.
Bruce Noyes, C it
ATTEST:
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Giselle Gonzalez, Recording Secretary