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)
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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
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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)
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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"
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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-
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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. .:. .:.
)