HomeMy WebLinkAbout2004 01 26 Public Hearings 400
COMMISSION AGENDA
ITE1\II 400
Consent
Informational
Public Hearing X
Regular
January 26,2004
Meeting
MGR.~PT J/f/
Authorization
REQUEST:
The Community Development Department- Planning Division, Platming & Zoning Board, and
City Attorney requests the City Commission hold a public hearing for First Reading of Ordinance
2004-02, establishing a new zoning district entitled "CC- Commerce Center"
PURPOSE: To establish a new zoning district, which would allow small scale (less than 3500
SF) commercial and light industrial tenants in divided warehouses not generating excessive
traffic as a result of recommendations generated from the Planning and Zoning Board's
Visioning Workshops.
APPLICABLE LAW ANn PUBLIC POLICY:
Florida Municipal Home Rule Powers Act.
Section 166.041(3)(c), Florida Statutes.
CHRONOLOGY:
July 2002- City Commission adopted Ordinance 2002-07, creating a new Zoning classification
category, "1-1 Light Industrial District", and atnended the list of permitted, conditional, and
prohibited uses under the existing "C-I Neighborhood Commercial District" and "C-2 General
Commercial District" classifications. Industrial uses were eliminated from the revised "C-2 General
Commercial District" and included within the new "1-1 Light Industrial District".
Aug. 25. 2003- The City Commission directed Staff to prepare an agenda item for scheduling a
workshop date for the purpose of reviewing the list of permitted uses within the "C-2" and "1-1"
categories.
Sept. 3. 2003- Platming & Zoning Board/LP A made a unanimous recommendation to the
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January 26, 2004
PUBLIC HEARING AGENDA ITEM 400
January 26, 2004
PUBLIC HEARING AGENDA ITEM 400
Commission to consider possible permitted uses to add or modify within in 1-1 and C-2.
Sept. 15. 2003- Commission Workshop. The Commission reviewed the current permitted uses under
the "C-2 General Commercial" and "1-1 Light Industrial" zoning districts and considered additions or
modifications to the existing list of permitted uses in each of these districts.
Oct. 20.2003- Commission Workshop. The Commission directed the Planning & Zoning Board to
go through a visioning exercise to give direction to the City's commercial and industrial areas.
Oct. 27. 2003- Visioning Exercise I. The P&Z participated in a visioning exercise to begin defining
future directions for the commercial and industrial areas of the City.
Nov. 5. 2003- Visioning Exercise II. The P&Z continued the visioning exercise to define future
directions for the commercial and industrial areas of the City.
Nov. 11. 2003- Special Meeting. The P&Z held a special meeting to finalize recommendations
based on the visioning exe:rcises.
Dec. 12.2003- The City Commission directed the Attorney to prepare an ordinance creating a new
CC-Commerce Center zoning district.
CONSIDERATIONS:
As a follow-up to the adoption of Ordinance 2002-07, Staff began the administrative rezoning from
"C-2" to "1-1" for parcels with an underlying "Industrial" future land use. However, what initially
seemed to be a simple task, proved more difficult.
Initially, it appeared that thl~ list-of permitted uses in each of the "C-2" and "1-1" districts needed to
be expanded; however, after several attempts at reviewing and making recommendations to the list
of permitted uses, the Commission directed the P&Z Board to conduct a Visioning Exercise.
FINDINGS:
The Visioning Exercise process revealed that some of the difficulty was a result of having too few
zoning categories, and the defining characteristics distinguishing the commercial and industrial
districts of the City from one another needed to be revisited.
The Platming & Zoning Board recommends the establishment of a new Commerce Center zoning
district supportive of a divl;:rse mix of smaller light industrial uses as found along Belle Avenue.
Belle A venue supports a dijIerent scale of uses than the uses envisioned along Old Sanford/Oviedo
Road. The proximity to the SR 434, residential neighborhoods and Winter Springs Elementary
requires that incompatible land uses which might impact adjacent or surrounding land uses be
eliminated from the list of permitted uses.
Adoption of this new zoning district will help to further define appropriate uses and will promote
sound platming.
PLANNING AND ZONING BOARD RECOMMENDATION:
At a special meeting on Tuesday, November 11, 2003, the Platming and Zoning Board
recommended the establishment of a new CC-Commerce Center zoning district.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for first reading of Ordinance
2004-02, establishing a new zoning district entitled "CC- Commerce Center"
IMPLEMENTATION SCHEDULE:
Jan. 15, 2004- Public Noticing in Orlando Sentinel for 1 st Reading
Jan. 26, 2004- -1 51 Reading of Ordinance 2004-02
Feb. 05, 2004- Public Noticing in Orlando Sentinel for 2nd Reading and Adoption
Feb. 09, 2004- 2nd Reading and Adoption of Ordinance 2004-02
Mar. 2004- Implementation of new Belle Avenue district through administrative rezoning
A TT ACHMENTS:
A. Platming & Zoning Board Minutes
B. Ordinance 2004-02 establishing CC- Commerce Center zoning district
COMMISSION ACTION:
January 26, 2004
PUBLIC HEARING AGENDA ITEM 400
January 26, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A:
Excerpt from Planning & Zoning Board Minutes
II. AGENDA
A. Formal Actions Resulting From The Visioning Workshops Of October 29, 2003 And
November 5, 2003.
Discussion.
Discussion.
"I WOULD LIKE TO MAKE A MOTION TO ACCEPT THE "NEW COMMERCE
CENTER DISTRICT" A.S OUTLINED IN OUR MATERIAL HERE TONIGHT."
MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
January 26, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B:
ORDINANCE NO. 2004-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, ESTABLISHING A NEW
ZONING [)ISTRICT CATEGORY ENTITLED "COMMERCE
CENTER," PROVIDING GENERAL INTENT PREAMBLE,
LIST OF PERMITTED AND CONDITIONAL USES, AND
BULK REGULATIONS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERAEllllTY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article
VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Commission desires to create a new zoning district called
Commerce Center for small scale, clean and non-objectional light industrial and
commercial tenants generally operating out of warehouses; and
WHEREAS, basEld on existing circumstances in the City, especially Belle Avenue,
the City Commission hereby finds that these types of small scale industrial and commercial
uses should be included in a separate zoning category because they do not closely fit
within existing zoning categories adopted by the City; and
WHEREAS, the City has the police powers to create zoning districts within the City.
Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the
citizens of Winter Sprin~ls.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS, AS FOLLOWS:
Section 1. Rec:itals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Code Amendments. The City of Winter Springs Code, Chapter 20,
Zoning, is hereby amended by adding a new Division 14 (underlined type indicates
additions and strikeout type indicates deletions):
City of Winrer Springs
Ordinance No. 2004-02
Page I of 6
January 26, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B:
DIVISION '14. CC - COMMERCE CENTER ZONING DISTRICT.
Sec. 20-345. In General.
The provisions of this district are intended to applv to lands suitable for a wide variety of
small scale (less than 3500 SF) commercial and light industrial tenants in divided
warehouses which serve the needs of the community without generating excessive traffic
from clientele and sUP(lliers of materials. The purpose of this district is to encourage and
develop start-up industry of an exceptionally clean. non-obiectionable type and permit the
normal operation of land uses listed hereunder under such conditions of operation that will
protect any abutting residential and other noncommercial uses. minimize the interruption
of traffic along adiacent thoroughfares. and promote aesthetic and architectural harmony.
attractiveness. and compatibility within the community and abide by the performance and
development standards of the city. county. state and U.S. government. Areas of the Citv
for which this zoning category is appropriate are designated on the future land use map as
"Industria!."
Sec. 20-345.1. Uses permitted.
Within the CC - Commerce Center Zoning District. no building. structure. land or water
shall be used except for one (1) or more of the following uses:
(1) Light manufacturing. processing. and/or assembly: wholesale sales and
distribution of:
(a) Audio books:
(b) Ba.kery products:
(c) Bottling plants:
(d) Brooms and brushes:
(e) Candv and confectionery products:
(f) Ceramics and pottery:
(g) Cosmetics and toiletries:
(h) Customized cabinetry. furniture. or other specialty woodworking shop;
(j) Dairy products:
(j) Dental labs:
(k) EIHctrical machinery and eauipment:
(I) EIHctronic equipment: software development:
(m) Floral arrangements:
(n) Garments. textile products including draperies:
(0) Glass and glass products:
(p) Je~
(a) Optical eauipment:
City of Winter Springs
Ordinance No. 2004-02
Page 2 of 6
January 26,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B:
(r) Material or product packaging:
(s) MEldical supplies (with limited rental):
(t) Perfume:
(u) Pharmaceutical products:
(v) Photographic eauipment and supplies:
(w) Plastic products. except pyroxylin:
(x) Pn3cision instruments and machinery:
(y) Promotional products:
(2) Re,creational equipment:
(aa) Screen printing:
(bb) Soap products and candles:
(cc) Shoes and leather goods (except leather processing):
(dd) Siqns:
(ee) Silverware and utensils:
(ff) Specialty foods:
(99) Specialty merchandise:
(hh) Spices and spice packaging:
(iD Stationery:
(iD T o~
(kk) Vehicle accessories and parts:
(II) Window coverings:
(2) Catering.
(3) Eauipment service and installation.
(4) Landscapinq services.
(5) Offices and studios including:
(a) Advertising and marketing:
(b) Artists-.:.
(c) Auctioneers;
(d) Consultants:
(e) Contractors:
(f) Graphic arts. design:
(g) Mail order addressing:
(h) Musicians:
(j) PhotographY:
(j) Radio and television:
(k) Real estate brokers:
(I) Telephone sales solicitors:
(m) Utility management services:
City of Winter Springs
Ordinance No. 2004-02
Page 3 of 6
January 26,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B:
(n) VE~hicle brokers or agents:
(0) Wholesale sales and distribution; and
(p) Wrecker and towing service.
(6) Packing .& Shipping Services.
(7) Paint Stores
(8) Printing. bookbinding. engraving. and publishing plants.
(9) Public and governmental services and facilities.
(10) Record management. data processing services. data storage facilities.
(11) Research. development, and laboratory facilities.
( 12) Testing of materials. equipment. and products.
(13) Technical and trade instruction.
(14) Vehicle n3pair (does not include body work or painting),
. (15) Vehicle upholstery.
(16) Window tinting.
(17) Warehousing and storage in enclosed buildings or structures (including cold
storage a.nd frozen food lockers).
(18) Wholesale sales and distribution.
(19) Retail sales directlv associated with a permitted use authorized bv this
Section. provided the retail sales are ancillary. secondary. and incidental to
the permitted use.
Section 20-345.2. Building Height Restrictions.
No building or structurEl shall exceed thirty-five (35) feet.
Section 20-345.3. Conditional Uses.
(1) Light manufacturing. processing. and assembly not listed above.
City of Winter Springs
Ordinance No. 2004-02
Page 4 of 6
January 26, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B:
(2) Health and exercise clubs and instruction which generate traffic from
clientele.
(3) Laundry and dry cleaning (with non-flammable solvents onlv).
(4) Outside storage if screened from streets and adiacent proper1ies by a
masonry wall with an opaque gate.
(5) Tenant area greater than 3500 S.F. but less than 7500 S.F.
Section 20-345.4. Bulk reaulations.
(1) All uses shall be maintained within an enclosed permanent building with no
outside storage. unless permitted by conditional use.
(2) Maximum tenant area: 3500 SF. unless permitted by conditional use.
(3) Minimum front setback: Twenty-five (25) ft.
(4) Minimum side and rear setback: Fifteen (15) feet.
Section 3. Repeal of Prior Inconsistent Ordinances and! Resolutions. All prior
inconsistent ordinancHs and resolutions adopted by the City Commission, or parts of
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the
conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into
the Winter Springs City Code and any section or paragraph number or letter and any
heading may be channed or modified as necessary to effectuate the foregoing.
Section 5. Sl~verability.lf any section, subsection, sentence, clause, phrase,
word or provision of this Ordinance is for any reason held invalid or unconstitutional by any
cour1 of competent jurisdiction, whether for substantive, procedural, or any other reason,
such portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions of this Ordinance.
Section 6. Efffective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida and as
provided by the City Charter.
City of Winter Springs
Ordinance No. 2004-02
Page 5 of 6
January 26,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B:
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the day of , 2004.
ATTEST:
JOHN F. BUSH, Mayor
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2004-02
Page 6 or 6