HomeMy WebLinkAbout2000 04 10 Regular I Land Use Change
COMMISSION AG~ENDA
ITEM I
Consent
Informational
Public Hearing
Regular X
Jru--
~
April 10. 2000
Meeting
:M!,'T. /
Authorization
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission considers the request ofMr. Richard Todd for a land use
change to the property at 670 E. S.R. 434.
PURPOSE:
The purpose of this agenda item is to request the Commission <consider the request of Mr. Richard
Todd for a land use change that would allow his pest control business to continue at 670 E. S.R.
434.
APPLICABLE LAW AND PUBLIC POLICY:
Under current City Code, the property at 670 E. S.R. 434 is located in a C-1, Neighborhood
Commercial District that does not allow a pest control business as an approved use. Pest Control
is allowed in a C-2, General Commercial and Industrial District Conditional uses are granted by
the Board of Adjustment for uses not otherwise listed under any zoning classification, therefore
the Board of Adjustment could not approve a conditional use for a pest control business in the C-
1 district.
CONSIDERA TIONS:
· Richard Todd had an occupational license with the City of Winter Springs for Nationwide
Pest Control on Belle Ave., a C-2 District.
. Mr. Todd entered into a lease agreement with the property owners for the property at 670 E.
S.R. 434 on June l5, 1999.
APRIL 10, 2000
REGULAR AGENDA ITEM
Page 2
. Mr. Todd applied for a water account at 670 E.S.R.434 under the name of Nationwide Pest
Control on June 3, 1999, and an irrigation meter was installed at that location by the City on
June 25, 1999.
. Sometime before September, 1999, Mr. Todd came into the City and requested an address
change of his business from the Belle Ave. location in a C-2 District to the current C-l
District address of 670 E. S.R.434.
· The City sent Mr. Todd a Notice of Renewal of Occupational license for the S.R. 434 address
and issued an occupational license at that location in error.
. Mr. Todd entered into a lease/purchase agreement for the purchase of the property on
September 10, 1999.
. The City received a complaint in September from the owner of an adjacent residential home.
Investigation revealed the error and Mr. Todd was notified of the situation. Nationwide Pest
Control continues to operate at the 670 S.R. 434 location and Mr. Todd is scheduled to
appear before the Code Enforcement Board on April 18, 2000 to answer to charges of using a
land in a manner inconsistent with it's approved use.
STAFF RECOMMENDATION:
Staff recommends the City Commission uphold the current land uses for this zoning district. The
area is directly adjacent to single-family residential that would be adversely affected by a business
use that generates additional traffic and storage of supplies and vehicles.
ATTACHMENTS:
A. Section 20-23 l, City Code
B. Letter from Mr. Todd, AprilS, 2000
COMMISSION ACTION:
ATTACHMENT A
9 20.208
WINTER SPRINGS CODE
c
Sec. 20-208. Conditional uses.
(a) Conditional uses within R-3 Multiple-Family
Dwelling Districts are the same as for R-IAAA,
R-IAA, R-IA and 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, !i XII,
11-29-71; Ord. No. 240, ~ 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, ~ 44.45.4, 1-8-68; Ord. No. 68, * XIII,
11-29-71)
Sec. 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. 44,944.45.5,1-8-68; Ord. No. 68, * XIV,
11-29-71)
Sec. 20-211. Front, rear and side yard regu-
lations.
The following yard regulations 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 lots. The front yard setback regula-
tion shall control when the building is 10.
cated on more than one (1) street.
(Ord. No. 44, !i 44.45.6,1-8-68; Ord. No. 68, * XV,
11-29-71)
Sec. 20-212. Lolt coverage.
Seventy-five (75) percent of the lot area is the
maximum which may be covered by the principal
and accessory builldings 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 regulations.
All parking within the R-3 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, * 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
lands are residential districts that would be ad-
versely affected by a greater diversification of
uses creating 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)
Sec. 20-232. U,es permitted.
(a) Within any C-1 Neighborhood Commercial
District, no buildling, structure, land or water shall
be used except for one (1) or more of the following
U3es:
(1) Administrative public buildings;
(2) Advertising agencies;
(3) Alcoholic beverage sales (package);
(4) Alcoholic beverage on-premises consumption;
(5) Alterations and tailoring;
(6). Antique and gift shop;
.~
1212
ZONING ~ 20-232
(7) Appliances, sales and service; (38) Hospitals and nursing homes;
(8) Artists' studios; (39) Hypnotists;
(9) Attorneys; (40) Ice, retail;
(10) Automotive accessories sales; (41) Insurance;
(11) Bakery, retail; (42) Interior decorating and draperies;
(12) Bathroom accessories; (43) Jewelry stores;
(13) Bicycles, sales and service; (44) Launderettes and laundromats;
(14) Bookstores, stationery, newsstands; (45) Libraries;
(15) Bookkeepers; (46) Loan companies;
(16) Bowling alleys; (47) Locksmiths;
(17) Butcher shop, retail only; (48) Luggage shops;
(18) Carpets, rugs and linoleum; (49) Medical clinics and laboratories;
(19) Car wash; (50) Nurseries, plants, trees, etc., retail;
(20) Churches; (51) Outdoor advertising signs sales offices;
(21) Cleaners; (52) Paint store;
(22) Coin dealers; (53) Parking garages;
(23) Computers, hardware and software sales (54) Pawnshop;
and service; (55) Pet shops and grooming;
(24) Confectionery and ice cream stores; (56) Photographic studios;
(25) Dance and music studios; (57) Physical fitness and health clubs;
(26) Day nurseries, kindergartens and day care; (58) Post office;
(27) Drug and sundry stores; (59) Private clubs and lodges;
(28) Employment agencies; (60) Quick printers;
(29) Financial institutions, banks, savings and (61) Radio and TV broadcasting studios, exclud-
loan; ing towers;
(30) Florist and gift shops; (62) Rad.io and TV sales and. service;
(31) Mini-mart (convenience store, snack shop (63) Rental shops;
and self-service gasoline sales);
(32) Furniture, retail, new and used; (64) Regulated professions, offices and profes-
sions licensed and regulated by the depart-
(33) Grocers, retail; those whose business in- ment of professional regulation pursuant
clude and are limited to the retail sale of to F.S. ch. 455 and F.8. S 20.30, as now
groceries including produce, meats and existing or as hereafter amended;
household goods but shall not include the (65) Retirement homes;
sale of gasoline;
(34) Gun shop; (66) Restaurants;
(35) Hardware stores; (67) Schools, public, private and parochial, ser-
vice vocational schools (such as cosmeto1-
(36) Health food; ogy, medical and dental assistant's train-
(37) Hobby and craft shops; ing) requiring no mechanical equipment;
Supp. No. 16
1213
~ 20-232
WINTER SPRINGS CODE
(68) Shoe repair shops;
(69) Skating rinks;
(70) Sporting goods, retail;
(71) Swimming pools; sales, service and sup-
plies;
(72) Tailoring 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 retail store or business enter-
prise not listed under any other zoning
classification that in the judgment of the
board of adjustment is consistent with those
included above, and further, that will be in
harmony with the spirit of this chapter.
Cb) Outdoor display and/or sales are prohibited
except by special exception.
(Ord. No. 44, ~ 44.47, 1-8-68; Ord. No. 264, S 1,
7-13-82; Ord. No. 619, S 1, 7-8-96)
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
building, are made therein. No such use shall be
extended to occupy any land outside such build-
ing. If such nonconforming building is removed or
the nonconforming use of such building is discon-
tinued 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
thp provisions of this chapter.
'UPfl. No. 16
(b) The lawful use of the land existing at the
time of the passage of this chapter may be contin-
ued; provided, however, that no such nonconform-
ing use may be extended to occupy a greater area
ofland than that occupied by such use at the time
of the passage of this chapter. If such nonconform-
ing use is discontin.ued for a 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 a :nonconforming 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
permitted as conditional uses as provided by the
board of adjustment.
(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 and
with the public interest.
Card. No. 44, S 44.48, 1-8-68; Ord. No. 240, S 8,
5-26-81)
Sec. 20-235. Building height regulations.
In C-l Neighborhood Commercial Districts, the
building height shall not exceed fifty (50) feet.
Card. No. 44, ~ 44.49, 1-8-68)
Sec. 20-236, Buillding site area regulations.
In C-1 Neighborhood Commercial Districts, the
building site area regulations are none.
(Ord. No. 44, S 44.50, 1-8-68)
Sec. 20-237. Front, rear and side yard regu-
lations.
(a) Front yard. A front yard or setback of at
least fifteen (15) feet shall be provided, except
however, that when the frontage in one (1) block
is located partly in C-l Neighborhood Commercial
Districts and partly in a residential or multiple-
dwelling district, then the front yard require-
1214
ZONING 9 20-252
'J
ments ofthe residential district or multiple dwell- (5) Automotive renting and leasing;
ing district shall apply to the C-l Neighborhood (6) Automotive tires;
Commercial Districts.
(b) Side yard. None required except on that (7) Baker, wholesale;
side of the lot abutting upon the side of a lot zoned (8) Boats, sales and service;
for residence purposes, in which case there shall (9) Bottling and distribution plants;
be a side yard of not less than thirty (30) feet. In (10) Building and plumbing supplies;
all other cases a side yard, if provided, shall not
be less than three (3) feet. (11) Bus terminal;
(Ord. No. 44, ~ 44.51, 1-8-68) (12) Cabinetmakers;
Sec. 20-238. Off-street parking regulations. (13) Clothing manufacturing;
Section 9-276 et seq. as to off-street parking (14) Cold storage and frozen food lockers;
regulations in C-1 Neighborhood Commercial Dis- (15) Contractors' equipment, storage yards;
tricts shall apply. (16) Convenience markets and stores;
(Ord. No. 44, ~ 44.52, 1-8-68) (17) Drive-in theaters;
Sees. 20-239-20-250. Reserved. (18) Feed stores;
(19) Flea markets, open air;
DIVISION 8. C-2 GENERAL COMMERCIAL (20) Gas, bottled;
AND INDUSTRIAL DISTRICTS (21) Grocers, wholesale;
( Sec. 20-251. In general. (22) Ice, wholesale;
The lands of the C-2 General Commercial and (23) Industrial trade and vocational schools;
Industrial Districts are to be used by a variety of (24) Fun-service gas stations, requiring that
commercial and industrial operations. The pur- mechanical repair service be provided.
pose of this district is to permit the normal (25) Kelllne1s;
operation of the majority of industrial uses under
such conditions of operation as will protect abut- (26) Laboratories for testing materials and chem-
ting residential and commercial uses and abide by ical analysis;
the performance standards of the county, the (27) Lumber and building supplies;
state and U.S. govemment. (28) Manufacturing and assembly of scientific
(Ord. No. 44, g 44.53, 1-8-68) and optical precision instruments;
Sec. 20-252. Uses permitted. (29) Mobile homes, sales and service;
Within C-2 General Commercial and Industrial (30) Movers;
Districts, no building, structure, land or water (31) Nurseries, plants, trees; wholesale;
shall be used except for one (1) or more of the (32) Outdoor advertising signs equipment;
following uses: (33) Pest control (exterminating);
(1) Any use permitted in C-l Neighborhood Printers, commercial;
Commercial Districts; (34)
(2) Automotive body repairing and painting; (35) Public maintenance buildings;
(3) Automotive glass, vinyl tops and seat cov: (36) Re<:reational vehicles;
ers; (37) Roofing;
\ (4) Automotive sales and service; (38) Sheet metal shops;
LO
Supp. No. 16 1215
~ 20-252
WINTER SPRINGS CODE
(39) Swimming pool contractors, equipment stor-
age;
(40) Taxicabs;
(41) Warehouses;
(42) Wholesale meat and produce distributors.
(Ord. No. 44, ~ 44.54, 1-8-68; Ord. No. 265, S 1,
7-13-82; Ord. No. 619, 9 1,7-8-96)
Sec. 20-253. Building site area regulations.
No building or structure shall exceed fifty (50)
feet in height.
(Ord. No. 44, ~ 44.55, 1-8-68)
Sees. 20-254-20-265. Reserved.
DMSION 9. R-U 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 agricultural purposes and gov-
ernment or public service facilities with sing1e-
family dwellings as the primary residential use.
The sites are intended to be those which would
normally have large tracts of land adjacent or
contiguous to residential locations.
(Ord. No. 44, S 44.56, 1-8-68)
Sec. 20-267. Uses permitted.
Within any R-U Rural Urban Dwelling District,
no building, structure, land or water shall be used
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;
(2) Nurseries and greenhouses;
(3) Public recreation areas and facilities;
(4) Private clubs, including golf courses and
recreational uses; except skeet and gun
clubs or commercial amusement enter-
prises operated entirely for private profit;
(5) Public schools and private educational in-
stitutions having a curriculum the same as
ordinarily given in public schools. Other
Supp. No. 16
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 per-
mit for such dwelling shall not be issued
until there shall be filed with the building
official, a certificate signed by the plumb-
ing inspector, attesting that the lot upon
which the dwelling structure is to be erected,
has a satisfactory minimum standard of
improvements;
(8) Accessory buildings and uses customarily
incident to the above uses not involving the
conduct of a business;
(9) Commer,~ial riding stables and commercial
dog kennels, when located on a tract ofland
of not 1eBs than five (5) acres and provided
that no structure, pen or corral housing
animals shall be closer than two hundred
(200) feet from any property line;
(10) Roadsid,e 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, ~} 44.57, 1-8-68)
(,.
Sec. 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 and public service struc-
tures;
(3) Commercial amusement enterprises oper-
ated entirely for private profit;
(4) Govenunent service facilities.
(b) Before a conditional use may be granted
within the classification, the board of adjustment
1216
A TT ACHMENT B
DATE:
TO:
FROM:
RE:
APRIL 5, 2000
CITY COMMISSION OF WINTER SPRINGS
RICHARD TODD, NATIONWIDE PEST CONTROL
CITY COMMISSION MEETING
I would like to appear before the City Commission on April 10, 2000 to ask the Commission to consider
allowing my business to remain at 670 E. SR 434.
fi
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