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HomeMy WebLinkAbout2004 02 09 Public Hearings 403 COMMISSION AGENDA ITEM 403 Consent Informational Public Hearing X Regular February 9, 2004 Meeting MGR. ~PT //r Authorization REQUEST: The Community Development Department- Planning Division, Planning & Zoning Board, and City Attorney requests the City Commission hold a public hearing for Second 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 AND 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 amended 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- Planning & Zoning Board/LP A made a unanimous recommendation to the @) February 9, 2004 PUBLIC HEARING AGENDA ITEM 403 February 9, 2004 PUBLIC HEARING AGENDA ITEM 403 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 n. The P&Z continued the visioning exercise to define future directions for the commercial and industrial areas of the City. Nov. 1 L 2003- Special Meeting. The P&Z held a special meeting to finalize recommendations based on the visioning exercises. Dec. 12,2003- The City Commission directed the Attorney to prepare an ordinance creating a new CC-Commerce Center zoning district. Jan. 15,2004- Public Noticing in Orlando Sentinel for 1st Reading Jan. 26, 2004- 151 Reading of Ordinance 2004-02 CONSIDERATIONS: As a follow-up to the adoption of Ordinance 2002-07, Staff began the administrative rezoning from "C-2" to "I-I" 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 the list of permitted uses in each ofthe "C-2" and "I-I" 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 Planning & Zoning Board recommends the establishment of a new Commerce Center zoning district supportive of a diverse mix of smaller light industrial uses as found along Belle Avenue. Belle Avenue supports a different 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 planning. February 9,2004 PUBLIC HEARING AGENDA ITEM 403 PLANNING AND ZONING BOARD RECOMMENDATION: At a special meeting on Tuesday, November 11,2003, the Planning 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 Second and Final Reading of Ordinance 2004-02, establishing a new zoning district entitled "CC- Commerce Center" IMPLEMENTATION SCHEDULE: Jan. 29, 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 ATTACHMENTS: A. Planning & Zoning Board Minutes B. Ordinance 2004-02 establishing CC- Commerce Center zoning district COMMISSION ACTION: February 9, 2004 PUBLIC HEARING AGENDA ITEM 403 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" AS 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. February 9, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT B: ORDINANCE NO. 2004-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTIER SPRINGS, FLORIDA, ESTABLISHING A NEW ZONING DISTRICT CATEGORY ENTITLED "COMMEIRCE 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, SEVERABILITY, 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, basBd 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 OBDAINS, 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 5tl ikecut type indicates deletions): City of Winter Springs Ordinan<.:e No. 2004-02 Page I of 6 February 9, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT B: DIVISION 14. CC - COMMERCE CENTER ZONING DISTRICT. Sec. 20-345. In Gene!ral. The provisions of this district are intended to apply 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 suppliers 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 City for which this zoning category is appropriate are designated on the future land use map as "Industrial. " Sec. 20-345.1. Uses IPermitted. 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) Bakery products: (c) Bottling plants: (d) Brooms and brushes: (e) Candy and confectionery products: (f) CElramics and potterv: (g) Cosmetics and toiletries: (h) Customized cabinetrv. furniture. or other specialty woodworking shop; (j) Dairy products: (j) Dental labs: (k) EIE~ctrical machinery and equipment: (I) EIE~ctronic equipment: software development: (m) Floral arrangements: (n) Garments, textile products including draperies; (0) Glass and glass products: (p) Jewelry: (q) Optical equipment: City or Winter Springs Ordinance No. 2004-02 Page 2 or 6 February 9, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT B: (r) Material or product packaaino: (s) ME~dical supplies (with limited rental): (t) Perfume: (u) Pharmaceutical products: (v) Photo<;Jraphic eauipment and supplies: (w) Plastic products. except pyroxylin: (x) Pmcision instruments and machinery: (y) Promotional products: (z) Recreational eauipment: (aa) Screen printina: (bb) Soap products and candles: (cc) Shoes and leather aoods (except leather processinc;J.t (dd) Si~ (ee) Silverware and utensils: (ff) Sp,ecialtv foods: (ao) Sp'3cialty merchandise: (hh) Spices and spice packaaina: (ii) Stationery: (iD T o'm..; . (kk) Vehicle accessories and parts: (II) Window coverinas: (2) Caterina. (3) Eauipment sl3rvice and installation. (4) Landscapina services. (5) Offices and studios includina: (a) Advertisina and marketina: (b) Artists. such as painters, sculptors, and craftmakers~ (c) Auctioneers: (d) Consultants: (e) Co ntractors: (f) Graphic arts. desiqn: (a) Mail order addressina: (h) Musicians: (j) Photoaraphv: (i) Radio and television: (k) Real estate brokers: (I) TelE!phone sales solicitors: (m) Utility mana<;Jement services: City of Winter Springs Ordinance No. 2004-02 Page 3 of ti February 9, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT B: (n) Vehicle 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 processinq services. data storage facilities. (11) Research. development. and laboratory facilities. (12) Testing of materials. equipment. and products. (13) Technical and trade instruction. (14) Vehicle repair (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 and 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 structum shall exceed thirty-five (35) feet. . Section 20-345.3. Conditional Uses. (1) Light manufacturing. processing. and assemblv not listed above. City of Winter Springs Ordinance No. 2004-02 Page 4 of 6 February 9, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT B: (2) Health and exercise clubs and instruction which generate traffic from clientele.:. (3) Laundry and dry cleaning (with non-flammable solvents 9..DlYL (4) Outside storage if screened from streets and adiacent properties by a masonrv 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. R(~peal 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 chan~led or modified as necessary to effectuate the foregoing. Section 5. SEwerability.1f any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court 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. Effective 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 February 9, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT B: ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assl~mbled 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: Cily 01' Winter Springs Ordinance No. 2004-02 Page 6 of 6