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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 () >~ ?P