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HomeMy WebLinkAbout1997 07 14 Regular Item C COMMISSION AGENDA ITEM C REGULAR X CONSENT INFORMATIONAL July 14. 1997 Meeting REQUEST: Community Development Department requests the City Commission to hold a public hearing to consider approving the second reading and adoption of Ordinance No. 662, to create a new zoning district "C-3 Flex-Space Comercial". PURPOSE: The purpose of this Board Item is to request the Commission to hold a public hearing to consider approving the first reading for adoption of Ordinance No. 662 to create a new zoning district "C-3 Flex-Space Commercial" in Chapter 20 of the City's Code of Ordinances. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 166.041(3)(c) F.S. which states in part "Ordinances initiated by other than the municipality that change the actual Zoning Map designation of a parcel or parcels ofland shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels ofland shall be enacted pursuant to [166.041(3)(c)1.,2.a.b. or c.F.S.]. JULY 14, 1997 AGENDA ITEM C Page 2 CONSIDERATIONS: 1. The City Commission approved the first reading of Ordinance 662 that would create a C-3 "Flex-Space Commercial District" in Chapter 20 of the code of Ordinances of the City of Winter Springs. 2. The C-2 General Commercial and Industrial District allows warehousing. 3. Staff has reviewed the permitted uses in the C-2 "General Commercial and Industrial" District and find that they are compatible. 4. Bell Avenue is zoned C-2 and has existing warehousing operations. There have been no complaints in this area about incompatablility of permitted uses. FINDINGS: 1. The C-2 General Commercial and Industrial District allows warehousing. 2. Staff has reviewed the permitted uses in the C-2 "General Commercial and Industrial" District and find that they are compatible. 3. Bell Avenue is zoned C-2 and has existing warehousing operations. There have been no complaints in this area about incompatablility of permitted uses. PLANNING AND ZONING BOARD RECOMMENDATION TO THE CITY COMMISSION: MOTION: [Recommend to the City Commission] consideration ofa new zoning classification tentatively designated C-3 "Flex-Space Commerical District as presented by staff with input from the applicant for use in the City of Winter Springs. VOTE: 3 ayes, 0 nays NOTE: Following the vote, Mr. Grimms asked for clarification. [verbatim transcription from the tape] Mr. Fernandez stated "that they [the City Commission] consider it with appropriate staff input as to whether it is needed, the places in the City, more information than we have tonight to make that final call, that they be given whatever flexibility they need. . ." JULY 14, 1997 AGENDA ITEM C Page 3 RECOMMENDATION: Staff recommends disapproval of the second reading of Ordinance No. 662 to create a new zoning district C-3 "Flex-Space Commercial" based on the findings below: 1. The C-2 General Commercial and Industrial District allows warehousing. 2. Staff has reviewed the permitted uses in the C-2 "General Commercial and Industrial" District and find that they are compatible. 3. Bell Avenue is zoned C-2 and has existing warehousing operations. There have been no complaints in this area about incompatablility of permitted uses. IMPLEMENTA TION SCHEDULE: The City Commission would hold a second reading on July 14, 1997 and adopt, not adopt, or delay consideration of Ordinance 662 to create a new zoning district C-3 "Flex-Space Commercial". The ordinance would take effect immediately upon adoption. ATTACHMENTS: 1. Sec. 20-252 Uses permitted in the C-2 General Commercial and Industrial Districts 2. Staff RepoI1: to P & Z Board. 4. Ordinance No. 662 COMMISSION ACTION: '. f" ......"1 however, that when the frontage in one (1) block is located partly in C-l Neighborhood Commer. cial Districts and partly in a residential or multiple- dwelling district, then the front yard requirements of the residential district or multiple-dwelling dis- trict shall apply to the C-l Neighborhood Com- mercial Districts. (b) Side yard. None required except on that side of the lot abutting upon the. side of a lot zoned for' residence purposes, in which case there shall b~ a side yard of not less than thirty (30) feet. In all other cases a side yard, if provided, shall not be less than three (3) feet. (Ord. No. 44, ~ 44.51, 1-8-68) Sec. 20-238. Off-street parking regulations. Section 9-276 et seq. as to off-street parking regulations in C-l Neighborhood Commercial Dis- tricts shall apply. . (Ord. No. 44, ~ 44.52, 1-8-68) Sees. 20-239-20-250. Reserved. , \ '- DMSION 8., C-2 GENERAL. COrvIMERCIAL AND INDUSTRIAL DISTRICTS Sec. 20-251. In general. The lands of the C-2 General Commercial and Industrial Districts are to be used by a variety of commercial and industrial opera~tions. The pur- pose of this district is to permit the normal opera- tion of the majority of industriall.lses under such conditions of operation as will protect abutting residential and commercial uses and abide by the performance standards of the county, the state and U.S. government. " .. (Ord. No. 44, ~ 44.53, 1-8-68) Sec. 20-252.. Uses permitted.' Within C-2 General Commercial and Industrial . Districts, no bUilding, structure, land or water shall be used except for one (1) or' more of the following uses:' ..:. ~;~. .._'.. (1), Any use pe.rmitted in. C-1 Neighborhood . . C~.mmerci~.I?istri~;. .... . ...... .. . . ..' -"..-.. ..--....- . . . (2):. ~~U;~~t;iy~~;;dy r-~p~g arici P~ti~g; '., J ZONING ~ 20-252 (3) Automotive glass, vinyl tops and seat covers; (4) Automotive sales and service; (5) Automotive renting and leasing; (6) Automotive tires; (7) Baker, wholesale; (8) Boats, sales and qervice; (9) Bottling and distribution plan~;. (10) Building and plumbing supplies( (11) Bus terminal; (12) Cabinetmakers; (13) Clothing manufacturing; (14) Cold storage and frozen food lockers; (15) Contractors' equipment, storage yards; (16) Convenience markets and stores; (17) Drive.in theaters; (18) Feed stores; (19) Flea markets, open air; (20) Ga~, bottled; (21) Grocers, wholesale; (22) Ice, wholesale; (23) Industrial trade and vocational schools; (24) Junkyards; (25) Kennels; (26) Laboratories for testing materials and chemi- . cal analysis; (27) Lumber and building supplies; (28) Manufacturing: and assembly of scientific and optical p~ecision instruments;. . (29) Mobile homes, sales and service;. (30) Movers; (31) Nurseries, plants, trees; wholesale;' :_:,~ ...:;",~:_;-:-:_:_ . .,-'" -- (32).. Outdoor advertismg. ~~ equip~ent;- ':::-P:'-.~ t:~.'.: , "(33r 'Pest'control (erterni.inatin:g); >:.~ :c:~;':.:"..".':';'..~->:::-:-~i;'::..: . I ." '. :. "..:',..:..:.:_.:.... . '.i..- _._" :: ..'~ '," ._'" ....:._._..:*..... (34) Printers, conimercial; -. ...., . . 1215 9 20.252 ,...-=.. WINTER SPRINGS CODE ~. (- '\ , (35) Public maintenance buildings; (36) Recreational vehicles; (37) Roofing; (38) Sheet metal shops; (39) Swimming pool contractors, equipment storage; (40) Taiicabs; (41) Warehouses; (42) Wholesale meat and produce distributors. (Ord. No. 44, g 44.54, 1-8~68; Ord. No. 265, g 1, 7 -13-82) Sec. 20-253. Building site area regulations. No building or structure shall exceed fifty (50) feet in height. (Ord. No. 44, g 44.55, 1-8-68) Sees. 20-254-20-265. Reserved. r DIVISION 9. R.D RURAL URBAN .DWELLING DISTRICTS / Sec. 20-266. In 'general. The lands inCluded within the R-U Rural Urban Dwelling Districts are those developed or used predominantly for .agriculturalllurposes and gov- ernment or public service facilities with single- family dwellings as the primary residential use. IJ The sites are intended to be those which would ~~ normally have large tracts of land adjacent or ~ hI contiguous to residential locations. ~ ~ (Ord. No. 44,944.56,1..8-68) ~ . . ~ Sec. 20-267. Uses permitted. <.. . ~ \.) Within any R-U Rural Urban Dwelling District, fl.. no building, structure, land or water shall be used --1jV\ except for one (1) or more of the following uses: ~ \ (1) Forests, groves, farms and truck garden- ~ ~ ing, including usual farm building struc- .~ ~ tures and livestock; ~ ' l' (2) Nursl:!ries and greenhouses; . ,\!) (3) Public recreation areas and f~cilities; ,~ (4) Private clubs, including' golf courses and (J recreational uses; except skeet and gun clubs or commercial amusement -e'nterprises op- erated entirely for private profit; ..- "', .. ^-:-? ~ .'\ ~ ( .. '-~. R c -1 pub $1/ 7/.jT;z 7- / A r;"" 4i/.. "r g [) (5) Public schools and private educational in- stitutions having a curriculum the same as ordinarily given in public schools. Other schools not having a curriculum may be operated, provided a permit therefor is first obtained from the board of adjustment; (6) Home occupations; (7) Single-family dwellings, but a building permit for such dwelling shall not be is~ued Until there shall be filed with the building offi- .' cial, a certificate signed by the plumbing inspector, attesting that the lot upon wbich the dwelling structure is to be erected, has a satisfactory minimum standard of im- provements; (8) Accessory buildings and uses customarily incident to the above uses not involving the conduct of a business; (9) Commercial riding stables and cOJ?llDercial dog kennels, when located on a tract of land of not less than five (5) acres and pro- vided that no structure, pen or corral hous- ing animals shall be closer than two hun- dred (200) feet from any p'roperty line; (10) Roadside stands offering for sale only prod- ~ucts which are produced on the premises, provided such structure is set back at least thirty-five (35) feet from .the front or side- line of the property. (Ord. No. 44, g 44.57, 1-8-68) .,'" '.. J i , - ~ /' . '-.. See. 20-268. Conditional uses.... (a) There shall be no conditional use .within R-U Rural Urban Dwelling Districts except .the following: . . (1) Churches with their attendant educational buildings and recreational facilities; (2) Public utilities arid public service strUctures; . (3) Commercial amusement enterprises oper- . ated entirely for private profit;..: -:--.. ~-'- . . (4) Gove~ent._~~~~..~~~i~:~~~:,. ..',:; ~.~_-:.'~.:' ~.,: ~:-:.: '.~'~~=;;.. (b) Before a conditional. use.:may-be' 'gran.ted '.~ -:.~~"f ::~... within the classification, the board of adjustment .. ',... , , ~ 1216 ;-- .9 20.208 WINTER SPRINGS CODE " '\ Sec. 20-208. Conditional uses. (a) Conditional uses within R-3 Multiple-Family Dwelling Districts are the SamE! as for R-1AAA, R-1AA, R-1A a~d R-l Single-Family Dwelling Districts. (b) Before a conditional use may. be granted within the classification, the board of adjustment must, after public hearings, find that the use or uses are consistent with the general zoning plan and with the public interest. (Ord. No. 44, 9 44.45.3, 1-8-68; Ord. No. 68, 9 XlI, 11-29-71; Ord. No. 240, 9 7,5-26.81) Sec. 20-209. Building height regulations. In. R-3 Multiple-Family Dwelling Districts, build- ing heights shall not be higher than forty-five (45) feet. (Ord. No. 44, 9 44.45.4, 1-8-68; Ord. No. 68, 9 XIII, 11-29-71) . . See, 20-210. Building area regulations. The multiple-family dwelling structures included within the R-3 zoning classification shall not con- sist of more than sixteen (16) units per acre. (Ord. No. 44, 9 44.45.5, 1-8-68; Ord. No. 68, 9 XIV, 11-29-71) Sec. 20-211. Front, rear and side yard regu- lations. The following yard regulatiolJ.s shall apply in the R-3 Multiple-Family Dwelling Districts: . (1) Front yard. The front yard shall not be less than twenty-five (25) feet in depth. - (2) Rear yard. The rear yard shall not be less than thirty-five (35) feet in depth. (3) Side yard. The side yard shall not be less than ten (10) feet in width. (4).. Corner lets." The front yard setback regula-'. "". tion shall control when the .building is lo- cated on more than one (1) street. . . (9r.-d. No. 44, 9 44.45.6, 1-8-68; Ord. No. 68, 9 XV, 11-29-71) J .-....... Sec. 20-212. Lot coverage. Seventy-five (75) percent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located within the R-3 Multiple-Family Dwelling Districts. (Ord. No. 44,944.45.7,1.8-68; Ord. No. 68,9 XVI, 11-29-71) Sec. 20-213. Off-street parking regulat~ons. - .,.. All parking within the R-S Multiple-Family Dwell- " ing District shall be provided in an off-street park- ing lot, which shall accommodate at least two (2) parking spaces for each unit located within the multiple-family dwelling structure. (Ord. No. 44, 9 .44.45.8, 1-8-68; Ord. No. 68, 9 XVII, 11.29-71) Sees. 20-214-20-230. Reserved. DIVISION 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS Sec. 20-231. In general. The C-1 Neighborhood Commercial District con- sists of lands abutting certain principal streets, the frontages of which are especially adaptable to selected. low-traffic. generating uses. Adjoining these . land's are residential districts that would be ad- versely affected by a greater diversification of uses-aeating serious problems of traffic movement and generation. The district is designed to pro- mote spaciousness of land use. (Ord. No. 44, 9 44.46, 1-8-68) { t !' Sec. 20-232. Uses permitted.' (a) Within any C-1 Neighborhood Commercial - District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) (2) .(3) (4) (5) (6) Administrative public buildings; Advertising agencies; " Alcoholic beverage s~~s (package); .. . ...... .. ".._ . Alcoholic beverage on-premises consumption; Alterations and tailoring; Antique and gift shop; -. . -" r \- 1212 --.., (7) (8) (9) (10) (ll) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) ( (23) , (24) (25) (26) (27) (28) (29) (30) (31) Appliances, sales and service; Artists' studios; Attorneys; Automotive accessories sales; Bakery, retail; Bathroom accessories; Bicycles, sales and service; Bookstores, stationery, newsstands; Bookkeepers; Bowling alleys; Butcher shop, retail only; Carpets, rugs and linoleum; Car wash; Churches; Cleaners; Coin dealers; Computers, hardware and software sales and service; Confectionery and ice cream stores; Dance and music studios; Day nurseries, kindergartens and day care; Drug and sundry stores; Employment agencies; Financial institutionS, banks, savings and loan; Florist and .gift shops; Full-service gas stations, requiring that me- chanical repair service be provided; (32) Furniture,-retail, new and used; (33) Grocers, retail; those whose business include and are limited to the retail sale of grocer- ies includfu.g produce, meats and household goods but shall not include the sale. of. 'gasoline;. .: .. ..... . . . (34~ 9~ sh~p;. :._. ..~.,. .., . (35) . Hardware stores;' . \ \ ZONING 9 20-232 (36) Health' food; (37) Hobby and craft shops; (38) Hospitals and nursing homes; (39) Hypnotists; (40) Ice, retail; (41) Insurance; (42) Interior decorating and draper'i~s;' (43) JeweTi-y stores; . , (44) Launderettes and laundromats; .;. (45) Libraries; (46) Loan companies; (47) Locksmiths; (48) Luggage shops; (49) Medical clinics and laboratories; (50) Nurseries, plants, trees, etc., retail; (51) Outdoor advertising signs sales offices; (52) Paint store; (53) Parking garages; (54) Pawnshop; (55) Pet shops and grooming; (56) Photographic studios; (57) Physical fitness and h~alth clubs; (58) Post office; (59) Private clubs and lodges; (60) Quick printers; ....._.. (61) Radio and TV broadcasting studios; exclud- ing towers; (62) . Radio and TV sales and service; . (63) Rental shops; (64) Regulated prOfessions, offices and. professions. licensed and regulated by the department' of profe~onal regulation' pursuant. ~o F .s. ch. 455 and F.S. ~ 20.30, as now-existing-or '._ .: . as hereafter-amended; _.:...:,'. ._' . ... . _ ., (65):. ~.:~~;~~~; ~?_~~sf':::~~"{::~~i.:;~;,.~~=., ..J. :.:. :.:: ~:~~~:~:::',:::::;~gt:. (66) Restaurants; ^ '. . .- .' .' . 1213 9 20.232 WINTER SPRI:NGS CODE -,.., /-=:.. (67) Schools, public, private and parochial, ser. vice vocational schools (such as cosmetolo- gy, medical and dental assistant's training) requiring no mechanical equipment; (68) Shoe repair shops; (69) Skating rinks; (70) Sporting goods, retail; . (71) Swimming pools; sales, service and supplies; (72) Tfliloring shops; (73) Taxidermists; (74) Telephone business office and exchanges; (75) Theaters, not drive-ins; (76) Title companies; (77) Tobacco shops'; (78) Toy stores; (79) Travel agencies; (80) Wearing apparel stores; (81) Any other ret?il sto~e or business enter- prise not listed under any other zoning clas- sification that in the judgment of the board of adjustment is consistent with those in- cluded above, and further, that will be in harmony with the spirit of this chapter. (b) Outdoor display andJor sales are prohibited except by special exception. (Ord. No. 44, ~ 44.47, 1-8-68; Ord. No. 264, S 1, 7 -13,82) Sec. 20-233. Nonconforming uses. (a) The lawful use of a building or structure existing at the time of the passage of this chapter may be continued, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the build- ing provided no structural alterations, except those required by law or ordinance, or ordered by an' authorized officer to ensure the safety of the build- ing, are made therein.. No such use shall be ex- tended to occupy any land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for 'a continuous period of not less than three hundred sixty-five (365) days, every future use of such premises shall be in conformity with the provisions of this chapter. (b) The lawful use of the land existing at the time of the passage of this chapter may be con- tinued; provided, however, that no such noncon- forming use may be extended to occupy a greater area of land than that occupied by such use at thE! time of the passage of this chapter. If such non, c~ciorming use is discontinued for a.cqntinuous period of not less than three hundred' sixty-five " . (365) days, any future use of such'land shall be in conformity \vith the proVisions of this ~hapter. (c) Whenever a nonconformirig use of a build- ing or land has been discontinued or changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. (Ord. No. 44, S 44.47.1, 1,8-68; Ord. No. 264, S 1, 7 -13-82) Sec. 20-234. Conditional uses. (a) Multiple-family residential units may be per- mitted as conditional uses as provided by the board of adjustment. (b) Befqre a conditional use'may be granted within the classification, the board of adjustment must,. after public hearings, find that the use or uses are consistent with the general zoning and with the public interest. (Ord. No. 44", ~ 44.48, 1-8,68;'Ord. No. 240, ~ 8, 5-26-81) / ( I .-- , /, Sec. 20-235. -Building height regulations. . '. In C-l Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. (Ord. No. 44, ~ 44.49, 1-8-68) . . &. .~:.;. ~. . !.,; Sec. 20-236. Building site area regulations. . . -" . . . . In C-1 Neighborhood Commercial Districts, the building site area regulations are none. (Ord. No. 44, ~ 44.50, 1-8-68) sec. 20-237. Front, rear 'and side yarq. 'r.'egu- lations. . . .. (a) Front yard.. A' front yard or 'setback ~r' ~t .' '.' least fifteen (15) feet shall be provided,' except ~.. ...... .. ~. . \. L 1214 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708,2799 Telephone (407) 327.1800 Community Development PLANNING AND ZONING BOARD AGENDA ITEM: A. NEW BUSINESS PROPOSED R-3 FLEX-SPACE COMMERCIAL ZONING DISTRICT REZ-S-97 ( STAFF REPORT: REZ-S-97 REZONING 1. BACKGROUND: APPLICA1~T: R. E. OWEN & ASSOCIATES. 100 S.R. 419, SUITE 210 Winter springs, FL 32708 OWNER: {Same as Applicant - under contract) REQUEST: . For change of zoning from C-l "Neighborhood Commercial" to a new zoning district: C-3 .. "Flex-Space Commercial" Zoning District. '-_: ( -....1 ( -', ..~.. .. .; . OJ '-.... " PURPOSE: Applicant states "The City has only 2 classifications: C-1 Retail and C-2 Industrial. This property does not fit either for use in the area. Small business and/or "Flex space" is better defining the proper use within the neighborhood." PROPERTY: Location: On the east side 'of Moss Road 1.360 feet north of S.R. 434, and. knov0i as' "Excelsior Business Park". Legal Description: Replat of a portion of lot 12, Block "D" and a Replat of a portion of Orange Avenue, D.R. Mitchell's Survey of the Levy Grant recorded in Plat Book ( Page 5 Public Records of Semlnole county, Florida in Section 34, Township 20 South, Range 30 East, City of Winter Springs, Florida. ACREAGE: 3.79 acres EXISTING LAND USE OF SUBJECT PROPERTY: '. . . : .~. .' ~ t' Vacant sublots 1,2,3,4,5 with overgrown,weeds, except for lots 6 and 7 which has a two- story office building and parking .lot. 1 EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: Multi-family housing (14 buildings) South: Multi-farnily housing( 5 buildings) and wet retention pond. East: Multi-family housing (Indian Ridge) West: Two office buildings on the outparcel; vacant, partially wooded land on the west side of Moss Road with wet retention pond.. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: Commercial. Requested: No requested change. ) FUTURE LAND USE DESIGNA nONS ADJACENT TO SUBJECT PROPERTY: North: Higher Density Residential (9.1 to 12.0 DU per acre). South: Higher Density Residential (9.1 to 12.0 DU per acre). East: Higher Density Residential (9.1 to 12.0 DU per acre). West: Public Buildings and Moderate Density Residential (3.6 to 6.5 DU p~r acre).' ZONING OF SUBJECT PROPERTY: Existing: C-1 "Neighborhood Commercial" Requested: A new zoning district to be established called R-3 "Flex-Space Commercial", ZONING ADJACENT TO SUBJECT PROPERTY: North: R-3 "Multi-Family Dwelling District". /~ '. South: C-1 "Neighborhood Commercial". \\. -~., East: R-3 "Multi-Family Dwelling District". ' West: R-3 "Multi-Family Dwelling District" and C-1 "Neighborhood Commercial". CHRONOLOGY OF SUBJECT PROPERTY: The subject property was indicated along yvith other properties on the east side of Moss Road as "Commercial Districts" on the Future Land Use Map adopted on September 28, 1982 per Ordinance # 267. Excelsior Business Park was approved by the City on January 8, 1990. The subject property was part of the original Village of North Orlando. APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-57" states The Planning and Zoning Board shall serve. . .to recommend to the City Commission the boundaries of the various original zoning districts: . .and any amendments thereto. . .act on measures affecting the present and future: movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. \-) II. REZONING ANALYSIS: TIrE FOLLOWIN'G SUM:M.ARIZES TIrE DATA AND ISSUES WIDCR STAFF ANALYZED IN REVIEWING TIllS APPLICATION. A. JUSTIFICATION FOR REZONING REQUEST: 1. Applicant states "The city has only two (2) classifications C-l Retail and C-2 Industrial. This property does not fit either for use in the area. , 2. Applicant states "Small business and/or ''Flex-Space'' is better defining ~he proper use within the neighborhood." B. NUISANCE POTENTIAL OF PROPOSED ZONING DISTRlCT TO SURROUNDING LAND USES: The applicant's proposed zoning change from C-l "Neighborhood Commercial", which focuses on commercial retail, to a new district category C-3 "Flex-Space Commercial District" would allow warehouse operations adjacent to existing multi-family residential. The nuisance could come about as a result of the all-hours loading and unloading of trucks, the bright lights, noise, the potential for noxious fumes and chemical fires, attractive nuisance to children nearby. Th~ subject property (Excelsior Business Park) will not be compatible, and therefore will present a nuisance to the adjacent multi-family residential, Average vehicle trip ends is 4.88 per 1,000 square feet of gross floor area for warehousing. . In the development of this property, the Site Plan Review Board, as indicted in Sec. 9-347 City Code, will review for "compliance with all city ordinances, for conformity with the City's Comprehensive Plan, for compatibility with locally recognized values of community appearance and design., for conformity with the guidelines on vehicular traffic access, ingress, egress, internal circulation, parking; concerning emergency vehicle access and concerning pedestrian movement; for assurances of satisfactory utility service for the health and welfare of the conununity; to assure compatibility with other improvements and the need for adequate light, air, access and privacy; to assure that the natural qualities and characteristics of the land will be preserved and that the project site will be appropriately landscaped and provisions established for the maintenance of same; to assure that adequate setbacks will be provided within the planned project and that provisions are made for the supervision and maintenance thereof; and to assure that the aesthetic and architectural details of the planned project are compatible with the surrounding area and serve to enhance the character of that area. The site plan shall be reviewed by the board and approved, disapproved or properly referred by such board in accordance with the results of its review." ' c~. . ECONOl\fiC DEVELOJPMENT: Development of the uses proposed in the C-3 "Flex-Space Commercial District" on the parcel . ~ ..........\ will add to the City's tax base, over that of existing vacant land. With the exception of lots 6 and 7 being used for an office building the remaining lots are vacant since the platting of Excelsior Business Park in 1990. D. COMPATIBll..ITY WITH CITY'S COMPREHENSrvE PLAN: The proposed C-3 "Flex-Space Commercial District" would be compatible with the Future Land Use Map (PLUM) designation of "Commercial", The Excelsior Business Park platted subdivision is designated "Commercial" on the FLUM. E. OTHER CONSIDERATIONS: 1. Spot Zoning There is the potential for "spot zoning". Only this 3.79 acre property in the City would have the proposed C-3 "Flex-Space Commercial District". Norman Williams in his five-volume study American Land Planning Law [27.01-27.08 (1975)]gives three (3) criteria for determining spot zoning: a. The area proposed to be rezoned is small. b. The owner of the property(s) stands to directly benefit. c. The'proposed rezoning is not compatible with surrounding existing land uses. The subject property is only 3.79 acres in size. The applicant has a contract on the subject property. As mentioned above, staff believes that the warehousing component, especially, is not compatible with the surrounding adjacent existing residential land use - multi-family. In the "green bible of planners" aka Principles and Practice of Urban Planning, it states "Amendments which give special treatment to a favored few are known as 'spot zoning' and will almost certainly be invalidated by the courts if contested. Although no precise definition of spot zoning can be given, any amendment not based on community or neighborhood-wide considerations may fall within this definition, the danger being. paIticularly great where the amendment affects only one or two properties. " j ---' Courts have had difficulty in determining spot zoning. Some courts have used the criterion that spot zoning is any change which departs from the comprehensive plan. Some courts in discussing it, apply the terms "arbitrary", "capri~ious", "unreasonable" and similar adjectives. Other courts use the term (spot zoning) more descriptively,. in the sense that whether the zoning of a "spot" is valid or not will depend on the circumstances involved. Whatever courts may purport to be doing in spot zoning cases, much of it comes back to the adjectives previously mentioned: Is the action taken arbitrary and unreasonable? Did the zoning ordinance or amendment which singled out the parcel make good sense in the light of the facts involved, as the Iowa court said in Keller v, City of Council Bluffs. 2. Permitting of Warehousing in City's Current Zoning Ordinance. Warehousing as a permitted use is presently allowed in the C-2 "General Commercial and Industrial District" per Sec. 20-252(41) City Code, and in the commercial area of the Tuscawilla PUD per the court's Settlement Agreement. ill. FINDINGS: A. ZONING COMYATIBILITY: The applicant's request for a new zoning district designation C-3 "Flex-Space Commercial District" on the subject property would not be compatible due to the proposed pennitted use of warehousing adjacent to a residential area on three sides. B. NUISANCE POTENTIAL: The nuisance comes about as a result of the all-hours loading and unloading of trucks, the bright lights, noise, the potential for noxious fumes and chemical fires, attractive nuisance to. children nearby. c. WAREHOUSING AS A CURRENT PERMlll J!;D USE: , ~ Warehousing as a permitted use is presently allowed in various locations in the City in the C-2. "General Commercial and Industrial District" per Sec. 20-252(41) City Code, and in the" commercial area of the Tuscawilla PUD per the court's Settlement Agreement. D. . SPOT ZONING: There is the potential for "spot zoning". Only this 3.79 acre property in the City would have the proposed C-3 "Flex-Space Commercial District". Amendments which give special treatment to a favored few are known as 'spot zoning'and will almost certainly be invalidated by the courts if contested. . IV. STAFF REC011MENDATION: Staff recommends that the Planning and Zoning Board recommend disaoproval to the City Commission the request by R. E. Owen & Associates for a new C-3 "Flex-Space Commercial I District" based on the findings indicated in III above. .-" " PROPOSED C-3 FLEX-SPACE CO:MMERCIAL DISTRICT Sec. 20-254 In general. The C-3 Flex-Space Commercial and Industrial District is to be used by office and warehouse operations. The purpose of this district is to permit office and warehouse operations coniined withi~ structures that are compatible with surrounding residential neighborhoods. '. Sec.20-255 Uses permitted. Within the C-3 Flex-Space District, no building, structure, land or water shall be used except for one (1) or more of the f,?Uowing uses: (1) Mini-warehouses (2) Small warehousing under 10,000 sq. ft. (3) Office space (4) wholesaling Sec. 20-256 Non-conforming uses. (a) The lawful use of a building or structure existing at the time of the passage .of this chapter may be continued, although such use does not conform to the provisions of this chapter, and such use may be extended throughou.t the building provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to en~ure the safety of the building are made therein. No such use shall be extended to occupy any land outside such building. If such nonconforming building is removed or the nonconforming use of such of such building is discontinued for a continuous period of not less than three hundred sixty-five (365) days, every future use of such premises shall be in conformity with the provisions of this chapter. (b) The lawful use of the land existing at the time of the passage of this chapter may be continued; provided, however, that no such nonconforming use may be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter. If such nonconforming use is discontinued for continuous period of not less than three hundred sixty-five (365) days, any future use of such land shall be in conformity with the provisions of this chapter. (c) Whenever nonconforming use of building or land has been discontinued or changed to conforming use, such use shall n.ot thereafter be changed to nonconforming use. ", Sec. 20-257 Conditional uses. None. Sec. 20-258 Building l1eight regulations. In the C-3 Flex-Space Conunercial District, the building height shall not exceed thirty-five (35) feet. Sec. 20-259 Building site area regulations. In the C-3 Flex-Space Conunercial District, the building site area regulations are none. Sec. 20-260 Front, rear and side yard regulations. (a) Front Yard. front yard or setback of at least twenty-five (25) feet shall be provided. (b) Side Yard. side yard or setback of at least five (5) feet shall be provided. ( c) Rear Yard. rear yard or setback of at least ten (10) feet shall be provided. Sec. 20-262 OfT-street parking regulations. ..-,' One (1) parking space for every 300 square feet. . ---' ORDINANCE NO. 662 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREA TING A NEW ZONING DISTRICT "C-3 FLEX- SPACE COMMERCIAL" IN CHAPTER 20 OF THE CODE OF' ORDINANCES OF THE CITY OF WINTER SPRINGS PURSUANT TO 166.041 FLORIDA STATUTKS; SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the city of Winter Springs, Florida had determined it to be in the best interests of the health, safety and welfare of the citizens of Winter Springs, Florida to create a new zoning district C-3 "Flex-Space Commercial" as follows: C-3 FLEX-SPACE COMMERCIAL DISTRICT Sec. 20-254 In general. The C-3 Flex-Space Commercial and Industrial District is to be used primarily for office and warehouse operations. The purpose of this district is to permit office and warehouse operations confined within structures and under such conditions of operation as will protect abutting residential and commercial uses and abide by the that are compatible with surrounding residential neighborhoods. Sec. 20-255 Uses permitted. Within the C-3 Flex-Space District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Mini-warehouses (2) Small warehousing under lO,OOO sq. ft. (3) Office space (4) wholesaling Sec. 20-256 Non-conforming uses. (a) The lawful use of a building or structure existing at the time of the passage of this chapter may be continued, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to ensure the safety of the building are made therein. No such use shall be extended to occupy any land outside such building, If such nonconforming building is removed or the nonconforming use of such of such building is discontinued for a continuous period of not less than three hundred sixty-five (365) days, every future use of such premises shall be in conformity with the provisions of this chapter. (b) The lawful use of the land existing at the time of the passage of this chapter may be continued; provided, however, that no such nonconforming use may be extended to occupy a greater area ofIand than that occupied by such use at the time of the passage of this chapter. If such nonconforming use is discontinued for continuous period of not less than three hundred sixty-five (365) days, any future use of such land shall be in conformity with the provisions of this chapter. (Q Whenever nonconforming use of building or land has been discontinued or changed to conforming use, such use shall not thereafter be changed to nonconforming use. Sec. 20-257 Condlitional uses. None. Sec. 20-258 Building height regulations. In the C-3 Flex-Space Commercial District, the building height shall not exceed thirty-five (35) feet. Sec. 20-259 Building site area regulations. In the C-3 Flex-Space Commercial District, the building site area regulations are none. Sec. 20-260 Front, rear and side yard regulations. (a) Front Yard. front yard or setback of at least twenty-five (25) feet shall be provided. (b) Side Yard. side yard or setback of at least five (5) feet shall be provided. <<:> Rear Yard. rear yard or setback of at least ten (10) feet shall be provided. Sec. 20-262 Off-street parking regulations. One (1) parking space for every 300 square feet. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I _. That the City of Winter Springs, hereby creates the zoning district C-3 "Flex-Space Commercial". SECTION II - That the city Commission of the City of Winter Springs had determined that a zoning district of C-3 "Flex-Space Commercial" is needed to prevent incompatibili.ty of the permitted uses in the C-2 "General Commercial and Industrial" District with warehousing, and with the passage of this Ordinance the City Commission does hereby amend Chapter 20 of the Code of Ordinances of the city of Winter springs, Florida to include a C-3 "Flex-Space commercial" zoning district. SECTION III - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION IV - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION V - This Ordinance shall take effect immediately upon adoption PASSED AND ADOPTED this day of 1997. CITY OF WINTER SPRINGS PAULP. PARTYKA, MAYOR ATTEST: MARGO HOPKINS, CITY CLERK FIRST READING: POSTED: SECOND AND PUBLIC HEARING: ORDINANCE NO. 664 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING OF A CERTAIN PROPERTY KNOWN AS THE EXCELSIOR BUSINESS PARK AND MORE PARTICULARLY DESCRIBED BELOW FROM C-1 "NEIGHBORHOOD COMMERCIAL" TO A NEW ZONING DISTRICT "C-3 FLEX-SPACE COMMERCIAL" ON THE CITY'S OFFICIAL ZONING MAP PURSUANT TO 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABlLITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida has determined it to be in the best interests of the health, safety and welfare of the citizens of Winter Springs, Florida, to change the zoning designation from its present designation of C-1 "Neighborhood Commercial" to C-3 "Flex-Space Commercial" on the following real property situate in Winter Springs, Florida: Replat ofa portion of Lot 12, Block "D", and a replat ofa portion of Orange Avenue, Dr. Mitchell's Survey of the Levy Grant recorded in Plat Book l, Page 5 Public Records of Seminole County, Florida in Section 34, Township 20 south, Range 30 East, City of Winter springs, Florida and being more particularly described as follows: Begin at the most westerly corner of Lot 14, Doug's Unit No.1, recorded in Plat Book 31, Page 53 Public Records of Seminole county, Florida, said corner lies on the easterly right-of-way of Moss Road, thence S 62 57' 46" E, 519.00 feet along the southerly line of Lots 8 through 14 of said Doug's Unit No. I to the most southerly corner of said Lot 8, said corner lies on the westerly line of the area designated as "Park" in said Doug's Unit No.1; thence: along the westerly line of said "Park" run S 2702' 14" W, 300.00 feet; thence S 62 57' 46" E, 72.00 feet; thence S 27 02' 14" W, 269.04 feet; thence N 72 06' 34" W, 151.77 feet along said "Park"; thence leaving the westerly line of said "Park" continue N 7206' 34" W, 242.69 feet; thence N 2702' 14" E, 168.76 feet; thence N 6257' 46" W, 200.00 feet to the easterly right-of-way line of said Moss Road; thence N 2507' 12" E, 17.14 feet along said easterly right-of-way; thence N 2643'02" E, 175.86 feet along said easterly right-of-way to the point of beginning. Containing 165,297 square feet = 3.7947 acres. WHEREAS, The City of Winter Springs, Florida has determined that the' change of zoning designation of the above described property will be consistent with the Future Land Use Map and such change from C-l "Neighborhood Commercial" to C-3 "Flex-Space Commercial" as described in Ordinance 662 is compatible with the multi-family residential found adjacent to the north, south and east of the above described property. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of Winter Springs, hereby changes the zoning designation ofC-l "Neighborhood Commercial" to C-3 "Flex-Space Commercial" on the above described property. SECTION n - That the City Commission of the City of Winter Springs has determined that a zoning designation of C-3 "Flex-Space Commercial" would be compatible with the surrounding residential properties to the north, south and east of the subject property and with the City's Comprehensive Plan, and with the passage of this Ordinance the City Commission does hereby amend the Official Zoning Map of the City of Winter Springs, Florida, to include the above described property within the zoning designation of C-3 "Flex-Space Commercial". SECTION III - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance, SECTION IV - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION V - This Ordinance shall take effect immediately upon adoption PASSED AND ADOPTED this day of 1997. CITY OF WINTER SPRINGS PAULP. PARTYKA, MAYOR ATTEST: MARGO HOPKINS, CITY CLERK FIRST READING: POSTED: SECOND AND PUBLIC HEARING: