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HomeMy WebLinkAbout2000 06 12 Regular C Land Use Change COMMISSION AGENDA ITEM C Consent Informational Public Hearing Regular x June 12.2000 Meeting Mgr. / Authorizati REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission considers tlle request of Mr. 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 ofMr, 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-l, 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 15,1999. JUNE 12, 2000 REGULAR AGENDA ITEM C 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-1 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. . The City Commission heard this matter on April 10, 2000 and decided that Mr. Todd's business could continue at that location with a new Office/Retail occupational license, provided that no commercial vehicles were parked at the site and that no chemicals were stored at the site. . On May 22,2000, Mr. Todd asked the City Commission to reconsider their decision. The City Commission directed staff to schedule Mr. Todd for this City Commission meeting. Adjacent residents and business owners were notified of the public meeting. 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 20-231, City Code B. Minutes from April 10, 2000 meeting COMMISSION ACTION: ATTACHMENT A used except for one (1) or more of the following uses: (1) Any use permitted in RlAA and R-IA Single- Family Dwelling Districts. (2) Home occupations. (Ord. No. 44, ~ 44.38, 1-8-68) Sec. 20-183. Conditional uses. (a) Conditional uses in R-l One-Family Dwell- ing Districts are the same as for R-IAA and RIA 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, ~ 44.39, 1-8-68; Ord. No. 240, * 6, 5-26-81) Sec. 20-184. Building height regulations. Building height regulations in Rl One-Family Dwelling Districts are the same as in the R-IAA and R-IA Single-Family Dwelling Districts. (Ord. No. 44, * 44.40, 1-8-68) Sec. 20-185. Building site area regulations. In R-l One-Family Dwelling Districts, each fam- ily (single) dwelling shall be located on a lot or parcel of land having an area of not less than six thousand six hundred (6,600) square feet and a width of not less than sixty (60) feet. (Ord. No. 44, * 44.41, 1-8-68) )-- / Sec. 20-186. Front, rear and side yard regu- lations. In R-l One-Family Dwelling Districts: (1) Front yard. There shall be a front yard of not less than twenty-five (25) feet. (2) Rear yard. A rear yard shall not be less than twenty-five (25) feet in depth. (3) Side yard. Side yards shall be provided on each side of every dwelling of not less than six (6) feet. (4) Corner lots. Same as for R-IAA and R-IA Single-Family Dwelling Districts. (Ord. No. 44, * 44.42, 1-8-68) ZONING ~ 20-207 Sec. 20-187. Lot coverage. In R-l One-Family Dwelling Districts, forty (40) percent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon. (Ord. No. 44, * 44.43, 1-8-68) Sec. 20-188. Use, area and yard exceptions. Section 9-276 et seq. as to use, area and yard exceptions in R-l One-Family Dwelling Districts shall apply. (Ord. No. 44, * 44.44, 1-8-68) Sec. 20-189. Off-street parking regulations. Section 9-276 et seq. as to ofT-street parking regulations in R-1 One-Family Dwelling Districts shall apply. (Ord. No. 44, * 44.45, 1-8-68) Sees. 20-190-20-205. Reserved. DIVISION 6. R-3 MULTIPLE-FAMILY DWELLING DISTRICTS Sec. 20-206. Designation. The lands included within the R-3 Multiple- Family Dwelling Districts shall be developed pre- dominantly as apartments, townhouses, patio homes or other multiple-family dwelling structures. (Ord. No. 44, * 44.45.1, 1-8-68; Ord. No. 68, * X, 11-29-71) Sec. 20-207. Uses permitted. Within any R-3 Multiple-Family Dwelling Dis- trict, no building, structure, land or water shall be used except for the following uses: (1) Any uses permitted in R-1AAA, R1AA, RIA, or R-t. (2) Apartments, townhouses, patio homes or other multiple-family dwelling structures. (3) Boarding and/or lodging homes. (4) Guest and tourist homes. (5) Professional offices, consisting of the follow- ing: Architects, engineers, attorneys, accoun- tants, medical doctors, dentists, and tax consultants. COrd. No. 44, * 44.45.2, 1-8-68; Ord. No. 68, * XI, 11-29-71) 1211 * 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-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, ~ 44.45.3, 1-8-68; Ord. No. 68, ~ 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, 9 44.45.5, 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 lo- cated on more than one (1) street. (Ord. No. 44, * 44.45.6, 1-8-68; Ord. No. 68, * XV, 11-29-71) 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, * 44.45.7,1-8-68; Ord. No. 68, * XVI, 11-29-71) Sec. 20-213. Off-street parking regulations. All parking within the R3 Multiple-Family Dwell- ing District shall be provided in an ofT-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, ~ XVII, 11-29-71) Sees. 20-214-20-230. Reserved. DIVISION 7. C.l 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. Uses permitted. (a) Within any C-l Neighborhood Commercial District, no building, 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; I" ,'.\\ 1212 ZONING 9 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; j (24) Confectionery and ice cream stores; (56) Photographic studios; (25) Dance and music studios; (57) Physical fitness and health clubs; Day nurseries, kindergartens and day care; (26) (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, exc1ud- loan; ing towers; (30) Florist and gift shops; (62) Radio 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.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 cosmetol- (36) Health food; ogy, medical and dental assistant's train- ) (37) Hobby and craft shops; ing) requiring no mechanical equipment; Supp. No. 16 1213 S 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. (b) Outdoor display and/or sales are prohibited except by special exception. (Ord. No. 44, S 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. ,upp. No. 16 (b) The lawful use of the land existing at the time of the passage ofthis 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 discontinued 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. (Ord. No. 44, S 44.48, 1-8-68; Ord. No. 240, S 8, 5-26-81) Sec. 20-235. Building height regulations. In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. (Ord. No. 44, S 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, 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 ATTACHMENT B CITY OF WINTER SPRINGS MINUTES ClTY COMMISSION REGULAR MEETING - APRIL 10.2000 Page 20 of 33 Commissioner McLeod summarized the latest negotiations by saying, "400 foot radius; single billboards at a time - same side of the street - footer being accepted - and sixty (60) days after that, before they are down." The Commission decided to hear another Agenda Item, so that Mr. Grindstaff and Mr. Schrimsher could further discuss their concerns. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS NEXT HEARD BY THE COMMISSION, AS DOCUMENTED. .:..:. VI. REGULAR I. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of Mr. Richard Todd For A Land Use Change To The Property At 670 East State Road 434. Mr. Richard Todd explained his situation regarding his Occupational License. Discussion followed regarding a conversation with Ms. Jimette Cook, Code Enforcement Officer; the location of his business; storage; zoning criteria; retail stores; authorized uses; the issuance of the Occupational License; regulations; the proximity of residences to this business; whether any chemicals were kept on site; the costs he has already incurred, along with potential costs for any changes to this business; and non-conforming uses. ) Regarding what the City Commission could do in such a situation, Attorney Garganese stated "Your alternative, right now, is you can change the zoning district code for C-I to permit pest control; or you can do nothing and let this matter go before the Code Board, which it is currently scheduled to go to; prosecuting for an unlawful use of land. The City Commission obviously always has the authority to take independent action, to abate an unlawful use of land, if you choose to do that. If you think there was some sort of equities that need to be adjusted, in this case - the Commission could do that, on a limited basis." Attorney Garganese mentioned a related case, and advised the Commission that there is case law, that is "in your favor." Discussion followed regarding possible options. ) "WHAT I WOULD SUGGEST, IS TO ALLOW HIM TO CONTINUE TO OPERATE AT THAT SITE, UNTIL THE END OF YOUR LICENSE - END OF THE OCCUPATIONAL LICENSE THAT WAS ISSUED. AT THAT TIME, THAT OCCUPATIONAL LICENSE WOULD NOT BE RE-ISSUED, FOR THAT LOCATION." COMMISSIONER McLEOD ADDED, "THAT WOULD BE MY RECOMMENDATION UNDER THE CIRCUMSTANCES, BECAUSE I DO NOT BELIEVE THAT WE WANT TO CHANGE THE ZONING OVER THERE, AND WE HAVE GOT A CITIZEN THAT IS COMPLAINING." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. ) CITY OF WIN'Il~R SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2000 Pugc2lof33 COMMISSIONER BLAKE ADDED, "I WOULD LIKE TO AMEND THE MOTION TO REVOKE THE OCCUPATIONAL LICENSE AND OFFER HIM A REPLACEMENT OCCUPATIONAL LICENSE FOR AN OFFICE/RET AIL OPERA TION, AND REQUIRE HIM TO NOT HAVE ANY CHEMICALS ON THE PREMISES - THAT WOULD ENABLE HIM TO PRESERVE HIS INVESTMENT. FOR THE MOST PART, IT WOULD GIVE HIM AN EXTENDED PERIOD OF TIME TO DECIDE WHAT HE WANTED TO DO." AMENDMENT BY COMMISSIONER BLAKE. MAYOR PARTYKA INQUIRED, "THE CHEMICALS WOULD INCLUDE THE TRUCKS ALSO, RIGHT?" COMMISSIONER BLAKE STATED, "YES, SIR." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE THEN CLARIFIED, "TO MAINTAIN THE OPERA TION OF THE BUSINESS THERE, WITH THE EXCEPTION OF THE CHEMICALS BEING ON THE PREMISES." ) VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: NAY MOTION CARRIED. VOTE: (ON THE MAIN MOTION) COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: NAY MOTION CARRIED. Brief discussion ensued. Deputy Mayor Gennell stated, "Mr. Mayor, the only clarification I wanted to make was that the requirement was not to store any chemicals there; and if he has to come to some arrangement, with a fence or something, in order to have vehicles not visible from the street in order to comply with our commercial vehicles. " .:..:. AGENDA NOTE: REGULAR ITEM "J" WAS AGAIN DISCUSSED WITH THE COMMISSION. .:. .:. )