HomeMy WebLinkAbout2015 08 12 Public Hearing 501 Ordinance 2015-15 - Text Amendment Related to Multi-Family Residential as Conditional Uses PLANNING & ZONING BOARD
AGENDA
I T E M 5 O 1 Information
Public Hearin X
Re ular
Au�ust 12, 2015
Meeting
REQUEST: The Community Development Department — Planning Division requests that the
Planning&Zoning Board consider Ordinance 2015-15,which proposes to amend the list of permitted,
conditional and prohibited uses in the G1 (Neighborhood Commercial), C-2 (General Commercial),
and C-3 (Highway 17-92 Commercial)zoning districts by removing multi-family residential uses as a
Conditional Use in these zoning districts.
SYNOPSIS: The G 1, C-2, and C-3 zoning districts currently permit multi-family residential uses only
with a Conditional Use approval from the City Commission. Ordinance 2015-15 proposes to proposes
to amend the list of permitted, conditional and prohibited uses in the G 1 (Neighborhood Commercial),
C-2(General Commercial), and C-3 (Highway 17-92 Commercial)zoning districts by removing multi-
family residential uses as a Conditional Use in these zoning districts. However, if the Ordinance is
approved, the Ordinance also provides that any multi-family uses that were lawfully approved and
permitted as a Conditional Use prior to the date of adoption of this Ordinance will remain a
conforming use subj ect to previous permit conditions.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
• Applicant name and address and authorized representative: City of Winter Springs, 1126
East State Road 434, Winter Springs, FL 32708.
• Propertv owner's name(s): Not applicable
• Property addresses: Not applicable
• Propertv Parcel ID numbers: Not applicable
• Current FLUM Desi�nations: Not applicable
• Current Zonin�Desi�nations: Not applicable
August 12,2015
Plaiuung&Zoning Board Agenda,Item 501
Page 2 of 3
• Previouslv A�proved Development permits such as conditional use, waiver, or variance (if
an : Not applicable
• Development A�reements (if any�: Not applicable
• Pendin� Code Enforcement Actions (if any�: Not applicable
• City Liens (if any�: Not applicable
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statutes 163.2511-163.3246: (Provides that land development regulations for municipal
planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan
Ordinance 44 - adopted 1968
Ordinance 2004-28
Winter Springs Code of Ordinances, Chapter 20, Zoning Article III-Establishment of Districts
DISCUS SION:
Recently, staff conducted a review of the City's zoning districts related to enhancing the City's ability
to diversify its tax base by increasing the possibility of bringing future commercial development to the
City with the goal of creating jobs for the City's economy. Staff noted that the G1, C-2, and C-3
zoning districts permit multi-family residential uses via a Conditional Use approval from the City
Commission. Conditional Uses require the approval of the City Commission as additional review of
the proposed use will allow for the inclusion of any conditions that the City Commission feels are
necessary to make the use compatible with permitted uses in the surrounding area by demonstrating
compliance with applicable Comprehensive Plan policies. Multi-family residential uses in the G 1
zoning district have required a Conditional Use approval from the City Commission since 1968 when
Ordinance 44 was adopted. Multi-family residential uses in the C-2 zoning district have required a
Conditional Use approval from the City Commission since 2002 with the adoption of Ordinance 2002-
07, and in the C-3 Ordinance with the adoption of Ordinance 2004-28 which created the C-3 zoning
district. Currently, there are no properties within the City zoned C-3.
It has been evident for some time that there is a limited amount of land and opportunities available for
commercial development remaining in the City. It is a goal of the City to maximize the potential for
commercial development on commercially zoned properties in the City. Diversification of the City's
tax base is vital to the future economic well-being of the City. Additional commercial development
within the City is necessary to diversify the tax base,which is currently 88.55-percent residential and
11.45-percent commercial. Therefore, staff is proposing Ordinance 2015-15 to remove multi-family
residential uses from the list of Conditional Uses in the G 1, C-2, and C-3 zoning districts.However,if
the Ordinance is approved,the Ordinance also provides that any multi-family uses that were lawfully
approved and permitted as a Conditional Use prior to the date of adoption of this Ordinance will
remain a conforming use subj ect to previous permit conditions.
August 12,2015
Plaiuung&Zoning Board Agenda,Item 501
Page 3 of 3
FISCAL IMPACT:
There is no indirect fiscal impact associated with this agenda item. However,the removal of multi-
family residential development from the list Conditional Uses in the City's commercial zoning
districts is anticipated to preserve these areas for commercial development,which generates higher
ad valorum taxes when said properties are developed and furthers the City's goal of diversifying the
tax base.
COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded
to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and
the City's Server. The Agenda has been forwarded to the Mayor and City Commission;City Manager;
and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press
representatives, all Homeowner's Associations on file with the City, all individuals who have
requested Agenda information,Department Directors; and also posted outside City Hall;posted inside
City Hall with additional copies available for the general public.
This item was advertised in the Orlando Sentinel on July 30, 2015.
STAFF RECOMMENDATION:
Staff recommends the Planning&Zoning Board forward a recommendation of approval for Ordinance
2015-15 to the City Commission, which proposes to amend the list of permitted, conditional and
prohibited uses in the G1 (Neighborhood Commercial), C-2 (General Commercial), and C-3
(Highway 17-92 Commercial) zoning districts by removing multi-family residential uses as a
Conditional Use in these zoning districts.
ATTACHMENTS:
A. Ordinance 2015-15
B. Advertisement, Orlando Sentinel - July 30, 2015
Attachment " A "
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING THE LIST OF PERMITTED,
CONDITIONAL AND PROHIBITTED USES IN THE C-1
NEIGHBORHOOD COMMERCIAL, C-2 GENERAL
COMMERCIAL, AND C-3 HIGHWAY 17-92
COMMERCIAL ZONING DISTRICTS TO REMOVE
MULTI-FAMILY RESIDENTIAL AS A CONDITIONAL
USE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City's Community Development Department has performed a review of
the City's zoning districts related to enhancing the City's ability to diversify its tax base by
increasing the possibility of bringing future commercial development to the City that will create
local jobs for the City's local economy; and
WHEREAS, the City Commission hereby finds that the diversification of the City's tax
base is vital to the future economic well-being of the City and the City's tax base and that
additional commercial development within the City is necessary to diversify the City's tax base
which is currently predominantly residential; and
WHEREAS, the City Commission finds that there is a limited amount of land and
opportunities available for commercial development remaining in the City and as such, the City
Commission desires to maximize the potential for commercial development on this land; and
WHEREAS, the Local Planning Agency/Planning& Zoning Board of the City of Winter
Springs held a duly noticed public hearing on August 12, 2015, in accordance with the procedures
in the Community Planning Act, on the proposed zoning amendment set forth in this Ordinance
and considered applicable data and analysis and the findings and advice of staff, citizens, and all
interested parties submitting written and oral comments; and
WHEREAS, the Local Planning Agency recommended the City Commission adopt the
zoning text amendment set forth in this Ordinance; and
WHEREAS,the City Commission also hereby finds that this Ordinance serves the City's
City of Winter Springs
Ordinance No. 2015-
Page 1 of 5
legitimate government interests of providing compatible and variable land uses within the City's
zoning regulations that potentially diversify the City's economy and tax base; 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 Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 20, Sections 20-234, 20-254, and 20-346.3 are hereby amended as follows (underlined
type indicates additions and s�ee�r� type indicates deletions, while asterisks (* * *) indicate a
deletion from the Ordinance of text existing in Chapter 20. It is intended that the text in Chapter
20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this ordinance):
CHAPTER 20—ZONING
���
ARTICLE IIL—ESTABLISHMENT OF DISTRICTS.
���
Division 7.— C-1 Neighborhood Commercial District
���
Sec. 20-234. - Conditional uses.
(1) Amusement and recreational parks and centers (including golf driving ranges, miniature
golf courses, billiard halls, children's play centers, bowling alleys and similar uses), excluding
public recreational areas and facilities which shall be permitted under section 20-232(81);
(2) Animal hospitals and veterinary clinics with outside kennels;
(3) Car wash;
(4) Convenience markets and stores and self-service gasoline sales;
:�use�f�e�e�i�t��a°,a . ,;��,•„ „ e�c�o���==___�
City of Winter Springs
Ordinance No. 2015-
Page 2 of 5
(g 5) Mortuaries and funeral homes.
(�6) Schools.
(�7) Daycare centers.
(8) A multiple-familv residential use that was lawfullv a�roved and permitted as a
conditional use bv the Citv prior to the effective date of Ord. No. 2015- f September 14, 20151
shall be considered a lawful, conformin�use subj ect to all a�licable conditions and requirements
imposed bv the Citv when said use was previousl�permitted.
���
Division 8.— C-2 General Commercial District
���
Sec. 20-254. - Conditional uses.
(1) Amusement and recreational parks and centers (including golf driving ranges, miniature
golf courses, billiard halls, children's play centers, bowling alleys, and similar uses);
(2) Automotive/boat/manufactured home major service and major repair establishments
(including body repairs and painting and similar heavy type uses);
(3) Car wash;
(4) Halfway houses, group homes, and similar uses;
:�use�f�e�e�i�t��a°,a . ,;��,•„ „ e�c�o���==___�
(g 5) Small-scale cabinet makers, furniture assembly, and woodworking shops (not to exceed
2,500 sq. ft.);
(�6) Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.);
(�7) Schools;_
(8) A multiple-familv residential use that was lawfullv a�roved and permitted as a
conditional use bv the Citv prior to the effective date of Ord. No. 2015- f September 14, 20151
shall be considered a lawful, conformin�use subj ect to all a�licable conditions and requirements
imposed bv the Citv when said use was previousl�permitted.
���
Division 15.— C-3 Highway 17-92 Commercial District
���
City of Winter Springs
Ordinance No. 2015-
Page 3 of 5
Sec. 20-346.3. - Conditional uses.
(1) Automotive/boat/manufactured home major service and major repair establishments
(including body repairs and painting and similar heavy type uses)provided that all activity shall be
conducted within a completely enclosed building and there is no outdoor storage of any kind;
(2) Halfway houses, group homes, and similar uses;
(3) Light manufacturing processing, assembly and/or wholesale distribution, provided that all
activity shall be conducted within a completely enclosed building (tenant space not to exceed
10,000 sq. ft.) and there is no outdoor storage of any kind;
(4) Mortuary and funeral homes;
0
� �,,,- o ,.�, , ,,;� r .;,ao,a.
(g 5) Outside storage if screened from streets and adj acent properties by an eight-foot masonry
wall with any gates being opaque;
(�6) Pawn shops;
(�7) Retail commercial and commercial outlets exceeding fifty thousand (50,000) sq. ft.;
(3 8) Seasonal or temporary outdoor display and/or sales (such as Christmas tree lots, etc.);
(�9 9) Daycare centers;
(� 10)Schools.
(11) A multiple-familv residential use that was lawfullv a�proved and permitted as a
conditional use bv the Citv prior to the effective date of Ord. No. 2015- [September 14, 20151
shall be considered a lawful, conformin�use subj ect to all a�plicable conditions and requirements
imposed bv the Citv when said use was previousl�permitted.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
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
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If 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.
City of Winter Springs
Ordinance No. 2015-
Page 4 of 5
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2015.
CHARLES LACEY, Mayor
ATTEST:
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:
Legal Ads Published:
Effective Date:
City of Winter Springs
Ordinance No. 2015-
Page 5 of 5
Attachment " B " �
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t � AN ORDINANCE OF THE CIN COMMISSION OF THE CIIY OF WINTER Thisisanondenominationa�
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' ' SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDWG THE CITY'S Thursdays,st.Mary
�' 4 COMPREHENSIVE PLAN RELATED TO THE GOALS, OBJECTIVES MaBdalencatholicChurch, '
AND POLICIES OF THE HOUSING ELEMENT; PROVIDING FOR THE 861MaitlandAve.,Altamonte
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caz�io�msu�nenu�9 . �" REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, Alzhelmer'sdlsease:A
SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, Sroupforthosecaringfora
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER month,.4triaat�.akeForest,
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SPRINGS, SEMINOLE COUNN, FLORIDA; AMENDWG THE LIST OF Sanford,free,407-843-1910.
NOTICE OF HEARING PERnn�rrE�, CONDITIONAL AND PROHIBITTED USES IN THE G1 FamluesAnonymous:A
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MULTI-FAMILY RESIDENTIAL AS A CONDITIONAL USE; PROVIDING behavioralproblem.7p.m.
SPECIAL ASSESSMENTS TO FUND FoR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND Mondays,St.Stephen
RESOLUTIONS,INCORPORATION INTOTHE CODE,SEVERABILITY,AND �utheranChurch,2�4ow.
STREET LIGHTING SERVICES StateRoad434,Longwood,
AN EFFECTIVE DATE. free,407-869-0491.
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PLANNING&ZONING BOARD/LOCAL PLANNING AGENCY Fam111es:Asupportgroup
Notice is hereby given that the City Commission of Casselberry,Florida,will conduc[a
public heanng to consider adoption of a Unal assessment resolWon relatetl to the Ciry of � � PUBLIC H EARING for those with incarcerated
Casselberry(the"CRy")and the pmvision by the City of street IigMing services.The sVeet WILL BE HELD ON loved ones.9 a.m.Aug.15,9
lighting final assessment resoWtion wiil provide for the imposition of special assessments, � � d.m.SQpt.19,St.Mdry
someumes charactenzed as non-ad va�orem assessments,against p�oPem io�at�a WEDNESDAY,AUGUST 12, 2015 MagdalenCatholicChurch,
within Ciry limiu to funtl street lighting services,and collection of the assessmenu by AT 5•30 P.M. OR SOON THEREAFTER IN THE 861 Maitland Ave.,Altamonte
the Seminole Coun[y Taz Collector pursuan[to the ta�c bill collection method described � SCJflfl$5,free,407-463-5780.
in section 5.ot of Ciry Ordinance No.0&1301(the"Assessment Ordinance"). The COMMISSION CHAMBERS LOCATED AT Alzhelmer'sdisease:A
assessment is an annua�assessment that wi��continue trom year to year.me hearing wiu WI NTER SPRI NGS CIN HALL group for those caring for a
be he�d at 4:0o p.m.on nugust 2a,2015,in city Commission chambers of ciry Ha��,ss ZSZB EAST STATE ROAD 434 loved one with Alzheimer's
Tnplet lake Road,Casselberty.florida 32707.All affected property owners have a rigAt to � dl5ed58.SpOflSOf2d I]y ih8
appearatthehearingandtofilewritteno6jectionswith[heCiryCommissionwithintwenty WINTER SPRINGS, FLORIDA Alzheimer'sDementia
(zo�days or m�s noc�ce. Resource Center.6:30 p.m.
CIIY COMMISSION TRANSMIITAL/FIRST READING thethirdTuesdayofthe
The assessmenis have been proposed to fund street lighting related essential services, PUBLIC HEARING month,Oakmonte Village
facilifies,equipment and improvemenis throughout the City.The assessment wilhbe based Asslsted Livfng and Memory
upon the number of Equivalent Residential Units("ERUs")attribuWble to each tax parcel WILL BE HELD ON Cdl'0 BUIIdif1g,1001 ROydl
as of the date the assessments are imposed.The CRy has de[ermined that the size of the � MON DAY,AUGUST 24, 2015 . Gardens Clrcle,Lake Mdry,
averege single family resitlential parcel in the City is 26 acres;which is Ihe value of one free,407-843-1910.
� ERU.Single family resitlential parcels consisting of one dwelling unit,including inaiviAUal AT 6•00 P.M.OR SOON THEREAFTER IN THE
residential condominium uniis,shail each be attnbutetl one ERU.For all oNer parcels,t�e � . R@COV@ry II1L@MdtIO11dI�d
number of ERUs has been calculated individualty for each parcel of property by dividing COMMISSION CHAMBERS LOCATED AT sel�-help mental health
the total size o(the parcel in acres by.26 acres,with a minimum of one(1)ERU anributed WINTER SPRINGS CIIY HAIL organlzxtlon:The • �
.to each parcel. If approved by City Commission,Ihe sVeet IighUng assessment will be � OI'gdfllZdtlOfl hElpS p20p12
�mPoseaatme�aceorsai.asPe�eeuio�F�s�arvea�zois-is.nmo�espe��r�aes�auc�oo 1126 EAST STATE ROAD 434 wnosufferfromdepression,
or me 5c�eec rgnu�g�eia�a serv��es a�a me memoa o��omP�c��g me a55eume�t ro� WINTER SPRINGS, FLORIDA anxiety,fears and anger.
each pamel of pmperty are se[forth in Resolu[ion No.15-2744(the"Preliminary Ra[e � 10:45 d.fTl.SdYUffJdyS,$Y.
Resolution"�adoptedby[heCiryCommissiononlune22,2015.CopiesofthePreliminary The proposed ordinance may be obtained by interested parties between 8 a.m.and Mark'sPresbyterianChurch, �
Rate Resolution,[he Assessment Ordinance and the SUeet Lighting AssessmeM Roll are 5 p.m.,Monday through Fnday,at the City's Clerk's Office,located at 1126 E.SR 434, 1021 Palm Springs Drive,
available for inspectlon at the oflice of the Ciry Clerk,located at City Hall,at Ciry Hall,95 Winter Springs,Florida.For more information,call(407)327-1800#227.Persons with Altamonte Springs,free,
Triplet Lake Road,Casselberry,Florida 32707.If you have any questlons,please contac[ disabilities needing assistance to participate in any of these proceedings should contact 407-660-2003.
Marry rawiikowsk�ac�ao��zsz-z�z5,ezc.iza�, the Employee Relations Department Coordinator,48 hours in advance of the meeting
at(407)327-1800,#236.This is a public hearing.Interested parties are advised that JosephRassel of the Sentinel
ANY PERSON WISHING TO ENSURE THAi AN ADEQl1AlE RECORD OF THE PROCEEDINGS they may appear at the meeling and be heard with respect to the proposed ordinance. sta�{compiled this report.To
;S MAIMAINED FOR APPELLATE PURPOSES IS ADVISED TO MAKE THE NECESSARY If you decide to appeal any recommendation or decision made by the City Commission submitanitem e-mail .
ARRANGEMEMS FOR RECORDING AT HIS OR HER OWN EXPENSE.PERSONS WITH with respect to any matter considered at this meeting,you will need a record of the communityevents@
DISABILRIES NEEDING ASSISiANCE TO PFRTICIPATE IN ANY OF THESE PROCEEDINGS proceedings,and for such purposes,you may need to ensure that a verbatim record of orlandosentinel.com.
SHOULD COMACTTHE Cf1Y CLERK AT LEAST FOUR DAYS IN ADVANCE OFTHE MEEfING AT the proceedings is made upon which the appeal is based. -
� (407)262�7700,EXC1133. � -
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