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HomeMy WebLinkAbout2016 03 16 Public Hearing 400 Ordinance 2016-07 - Text Amendment Town Center Zoning DistrictPLANNING & ZONING BOARD AGENDA ITEM 400 March 16, 2016 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Planning & Zoning Board consider Ordinance 2016 -07, which proposes to amend the list of permitted, conditional and prohibited uses in the Town Center zoning district. SYNOPSIS: Ordinance 2016 -07 proposes to amend the list of permitted, conditional and prohibited uses in the Town Center zoning district, specifically in the various transects located within the Town Center. Many of the permitted, conditional, and prohibited uses located in the Town Center district have been in place since the adoption of the original Town Center District Code in 2000. Staff undertook the task of this update to modernize the list of permitted, conditional, and prohibited uses contained within the Town Center zoning district and to more accurately reflect the collective direction of the City regarding the composition and direction of development for all properties within the Town Center zoning district. 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. • Property owner's name(s): Not applicable • Property addresses: Not applicable • Property Parcel ID numbers: Not applicable • Current FLUM Designations: Not applicable • Current Zoning Designations: Not applicable • Previously pproved Development permits such as conditional use, waiver, or variance (if any): Not applicable March 16, 2016 Planning & Zoning Board Agenda, Item 400 Page 2 of 4 • Development Agreements (if any): Not applicable • Pending 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 Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III - Establishment of Districts, Division 12 - Town Center District Code DISCUSSION: 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 to enhance the City's economy. Staff noted that several of the permitted, conditional, and prohibited uses within the Town Center have been in place since the adoption of the original Town Center District Code in 2000. The list of permitted, conditional, and prohibited uses in the Town Center needs to be modernized to provide a better end result in the quality of development for all properties within the Town Center zoning district, specifically in regards to the development and preservation of properties that can be developed for commercial uses. 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 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 2016 -07, which details updates to the permitted uses section in the Town Center District Code. A breakdown of the updates to the code are as follows: • Removes Bathroom Accessories, Bowling Alleys, Car Wash, Government Service Facilities, and Telephone Business Office and Exchanges from the list of permitted, conditional and prohibited uses in the Town Center. Requires a Special Exception in the T5 (Urban Center Zone) transect for Amusement Enterprises, Private Commercial. This was a permitted use in this transect. Requires a Special Exception in the T5 (Urban Center Zone) transect for Automotive Accessories Sales. This was a permitted use in this transect. March 16, 2016 Planning & Zoning Board Agenda, Item 400 Page 3 of 4 • Requires a Special Exception in all transects for Churches. This was a permitted use in all transects. • Requires a Special Exception in the T5 (Urban Center Zone) transect for Financial Institutions, Banks, Savings and Loan. This was a permitted use in this transect. • Requires Loan Companies to obtain a Special Exception in the T4 (General Urban Zone) and the T5 (Urban Center Zone) transects. This was a permitted use in these transects. • Allows Manufacturing and Assembly of Scientific and Optical Precision Instruments as a permitted use in the T5 (Urban Center Zone) transect. This was previously not permitted in the T5 transect. • Requires Municipal Buildings to obtain a Special Exception in the T3 (Suburban Zone), T4 (General Urban Zone) and the T5 (Urban Center Zone) transects. This was a permitted use in these transects. • Removes "and wholesale" from Nurseries, Plants, Trees, etc. and Retail and does not permit this use as a Special Exception in the T4 (General Urban Zone) transect. This required a Special Exception in the T4 transect. • Adds "standalone" to Parking Garages, and requires a Special Exception for this use in the T5 (Urban Center Zone) transect. This was a permitted use in the T5 transect. • Adds "federal government" to Post Office and requires a Special Exception in the T4 (General Urban Zone) and the T5 (Urban Center Zone) transect. This was a permitted use in these transects. • Adds "excluding auto /truck rentals" to Rental Stores. • Corrects a scrivener's error by removing Retirement Homes, including Independent Living Through Assisted Living as a Special Exception in the T2 (Rural Zone) transect and requiring this use as a Special Exception in the T5 (Urban Center Zone) transect. This use was not previously addressed in the T5 (Urban Center Zone) transect. • Removes Residential, Multifamily as a permitted use in the T3 (Suburban Zone), T4 (General Urban Zone), and T5 (Urban Center Zone) and requires a Special Exception in the T4 (General Urban Zone) and the T5 (Urban Center Zone) for this use. This was a permitted use in the T3, T4, and T5 transects. • Removes Taxidermists as a Special Exception in the T3 (Suburban Zone). • Requires Tobacco Shops to obtain a Special Exception in the T4 (General Urban Zone) and the T5 (Urban Center Zone) transects. This was a permitted use in these transects. March 16, 2016 Planning & Zoning Board Agenda, Item 400 Page 4 of 4 • Requires a Special Exception in the T3 (Suburban Zone), T4 (General Urban Zone), T5 (Urban Center Zone), and C/P (Civic/Public) transects for any similar retail or business enterprise that is permitted in a different Town Center transect or other zoning district within the City. FISCAL IMPACT: There is no indirect fiscal impact associated with this agenda item. However, the revision of the permitted uses section within the Town Center District is anticipated to preserve this area 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 March 3, 2016. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board forward a recommendation of approval for Ordinance 2016 -07 to the City Commission, which proposes to amend the list of permitted, conditional and prohibited uses in the Town Center zoning district. ATTACHMENTS: A. Ordinance 2016 -07 B. Advertisement, Orlando Sentinel - March 3, 2016 Attachment "A" ORDINANCE NO. 2016 -07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE LIST OF PERMITTED USES IN THE TOWN CENTER ZONING DISTRICT WHICH ARE CURRENTLY CODIFIED AND SET FORTH IN SECTION 20 -323 OF THE CITY CODE; 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 Commission desires to amend the Town Center District Code to amend and update the list of permitted and special exception uses allowed in the various Town Center Transects; and WHEREAS, this Ordinance was reviewed and recommended by the City's planning staff and the City's Land Planning Agency after a duly held public hearing on ; 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, Section 20 -323 Permitted Uses in the Town Center Zoning District is hereby amended as set forth in the attached Exhibit "A." Said exhibit is hereby fully incorporated herein by this reference. (underlined type on Exhibit "A" indicates additions and str-ikeett type on Exhibit "A" indicates deletions from Section 20 -323). 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. City of Winter Springs Ordinance No. 2016 -07 Page 1 of 2 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. 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 th day of , 2016. 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: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2016 -07 Page 2 of 2 Exhibit "A" SECTION 20 -323. PERMITTED USES P — Permitted Use r+j4# SE - Special Exception required T1 T2 T3 T4 TS CJP Administrative public buildings P P P Adult congregate living facility SE SE SE Advertising agencies SE P P Alcoholic beverage sales (package) P P Alcoholic beverage on- premises consumption P P Alterations and tailoring P P P Amusement enterprises, private commercial SE ASE Antique and gift shop P P P Appliances, sales and service P P Artists' studios P P P Automobile Repair Shops (routine service) SE Automotive accessories sales SE ASE Bakery, wholesale and retail P P P A A A Bed and breakfast inn P P P Bicycles, sales and service P P P Bookkeepers P P P Bookstores, stationery, newsstands P P SE SE SE Bus terminal (exclusive of bus stops) SE Bridal shops P P Butcher shop, retail only P P P Carpets, rugs and linoleum P P Ce, �Afejqh SE SE Churches (with or without educational and recreational buildings and facilities) ASE ASE ASE ASE ASE Cleaners (Retail) P P P Coin dealers P P P Computers, hardware and software sales and service P P P Confectionery and ice cream stores P P P Convention center SE P P Corner store or neighborhood convenience store without gas pumps P P P Corner store or neighborhood convenience store with gas pumps SE Dance and music studios P P P Day care centers SE SE SE Drug and sundry stores P P Dry cleaner P P I Equestrian facilities I SE I SE I I SE P — Permitted Use r+j4# SE - Special Exception required Hardware stores TI T2 T3 T4 TS C/P Employment agencies P P P Financial institutions, banks, savings and loan P SE ASE Florist and gift shops P P P Furniture, retail, new and used P P Gas Stations SE SE r__.,__......._.....__.,:__ c__a:.:_.. P P Grocers, retail and wholesale SE P P Gun shop (retail, no gun range) SE P P Hair, nail and tanning salons P P P Hardware stores P P Health food P P P Hobby and craft shops P P P Home occupations P P P Hospitals and nursing homes SE SE Hotel P Inn P P Insurance P P P Interior decorating and draperies P P P Jewelry stores P P P Launderettes and Laundromats SE SE Libraries P P P Loan companies ASE ASE Locksmiths P P P Luggage shops P P P Manufacturing and assembly of scientific and optical precision instruments SE P P Medical clinics and laboratories P P Municipal buildings ASE ASE ASE P Museums and /or cultural institutions SE P P Nurseries, plants, trees, etc., retail eFA ... w_ ___ SE SE SE bE SE Offices P P P P Paint store P P Parking garages, standalone SE ASE P Parks (public) and public recreation areas and facilities P P Pet shops and grooming P P P Photographic studios P P P Physical fitness and health clubs P P Post office (federal aovernment) ASE ASE P Printers, commercial SE Private clubs and lodges SE P P Public restrooms P Public utilities and service structures SE SE SE SE SE SE P — Permitted Use by Fight SE - Special Exception required Title companies T1 T2 T3 T4 T5 C/P Quick printers P P Radio and TV broadcasting studios, excluding towers P P P P Radio and TV sales and service P P P Reception facilities (meeting rooms, etc.) P P P P P P Rental stores, excluding auto truck rentals P P P Retirement homes, including independent living through assisted living 3E SE SE SE Residential, single family (attached) P P P Residential, single family (detached) P P SE ASE Residential, multifamily district within the city and provided a special exception is approved by the A A SE A SE discretion of the City Commission to Restaurants special exception use - * -- ' HJ .l:..._:_...) ... :.w:...w_ - __el 05 E8Hqiq4e4 P4eH',. P P P Schools SE SE SE Shoe repair shops P P P Sidewalk cafes P P P Skating rinks SE SE SE Snackshops P P P Sporting goods, retail P P P Stadiums and arenas SE SE Swimming pools; sales, service and supplies SE SE SE Tailoring shops P P P Taxidermists SE SE SE T„I,,...L.e Re I ......:........ „SS:..,, .....,J A A Theaters, not drive -ins SE P P Title companies SE P P Tobacco shops ASE ASE Town Center marketing and sales center P P P P Toy stores P P P Trail heads P P P P P P Travel agencies P P P Veterinary clinics (no overnight boarding) SE SE Wearing apparel stores P P P Any other similar retail store or business enterprise permitted in the relevant transect, provided the proposed use is ASE ASE ASE ASE not I:_a_J .w_.:. 4he :...l____... of .w_ specifically limited to a different Town Center transect or some other zoning district within the city and provided a special exception is approved by the city commission. Approved special exceptions may be conditioned upon a required development agreement at the discretion of the City Commission to address development terms and conditions related to the approved special exception use - * -- ' HJ .l:..._:_...) ... :.w:...w_ - __el 05 E8Hqiq4e4 P4eH',. P — Permitted Use by Fight SE - Special Exception required i^r �-rm �r� LID II CITY OF LAKE MARY CITY OF LAKE MARY NOTICE OF ZONING NOTCCI I Oftitii ilfl NOTICE OF CODE CHANGE - CQMPREHEN/E COMPREHENSIVE THE CITY OF WINTER SPRINGS PLAN CHANGE'` PLAN CHANGE PROPOSES TO ADOPT NOTICE OF ADOPTION NOTICE OF ADOPTION THE FOLLOWING ORDINANCE: PUBLIC HEARING PUBLIC HEARING ORDINANCE NO. 2016-07 The City of Lake Mary proposes to adopt the following ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE The City of Lake Mary proposes to adopt the following ordinance: ORDINANCE NO. 1633 CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE LIST OF PERMITTED USES ORDINANCE NO. 1532 - AN ORDINANCE OF THE CITY OF LAKE MARY, FLORIDA, IN THE TOWN CENTER ZONING DISTRICT WHICH ARE AN ORDINANCE OF THE CITY OF LAKE MARY, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF LAKE MARY, FLORIDA;PROVIDING FORACHANGE CURRENTLY CODIFIED AND SET FORTH IN SECTION FLORIDA, AMENDING THE COMPREHENSIVE OF FUTURE LAND USE DESIGNATION FROM COMMERCIAL 20 -323 OF THE CITY CODE; PROVIDING FOR THE PLAN FOR THE CITY OF LAKE MARY, (COM) AND RESTRICTED COMMERCIAL (RCOM) TO REPEAL OF PRIOR INCONSISTENT ORDINANCES AND FLORIDA; SETTING FORTH AND ADOPTING MIXED USE MIDTOWN (MUMT) FOR A 4.34.5 ACRE AREA COMPREHENSIVE PLAN TEXT AMENDMENTS LOCATED WEST OF LONGWOOD LAKE MARY ROAD AND RESOLUTIONS, INCORPORATION INTO THE CODE, REFERENCED AS 2015 -LU -01, BY AMENDING SOUTH OF LAKE MARY BOULEVARD; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. - FUTURE LAND USE ELEMENT POLICY 1.4 BY ADOPTION OF THE PLAN AMENDMENT; PROVIDING FOR ESTABLISHING THE MIXED USE MIDTOWN SEVERABIUTY, CONFLICTS, AND EFFECTIVE DATE. PLANNING & ZONING BOARD 1 LOCAL PLANNING (MUMT) LAND USE DESIGNATION AND AMENDING FUTURE LAND USE ELEMENT NOTICE Lake HEREBY GIVEN by the City Commission of the City of Lake Mary, Florida that said be holding an AGENCY PUBLIC HEARING TABLE GOP -011; PROVIDING FOR SEVERABILITY, , MarchSI7, D1 Adoption Public Hearing on Thursday, March 17, 2016 at 7:00 p m., WILL BE HELD ON CONFLICTS AND EFFECTIVE DATE. or as soon as possible thereafter, to consider an Expedited Stets WEDNESDAY, MARCH 16, 2016 Review Comprehensive Plan Amendment to the Future Land NOTICE IS HEREBY GIVEN by the City Commission of the Use Map of the City of Lake Mary Comprehensive Plan, The Map AT 5:30 P.M. OR SOON THEREAFTER IN THE City of Lake Mary, Florida that said Commission will be holding Amendments are from COM (Commercial) and RCOM (Restricted Commercial) to MUMT (Mixed Use Midtown) for the development of a COMMISSION CHAMBERS LOCATED AT an Adoption Public Hearing on Thursday, March 17, 2016 mixed -use project, on the following properties totaling +f- 34Z acres WINTER SPRINGS CITY HALL at 7:00 p.m., or as soon as possible thereafter, to consider an (a location map is below): 1126 EAST STATE ROAD 434 Expedited State Review Comprehensive Plan amendment ,17.20.30.300- 0110-0000 - 17- 2tS -3U- 300-0090 -4000 to the City's Comprehensive Plan, creating the Mixed Use •17- 20- 30.300.01OD -0000 -17- 20-30- 300 -019A -0000 WINTER SPRINGS, FLORIDA Midtown (MUMT) Future Land Use Category, providing for the Adoption of the proposed amendments. A copy of the proposed Comprehensive Plan amendment is available CITY COMMISSION FIRST READING forinspectionbythepublicmthe Community DevelopmerdDepartment, The City Commission will be discussing the above referenced 9 City of Lake Mary Municipal Services Building, 911 Wallace Court, Lake Mary, Florida 32746, Monday through Friday, from 8:00 A.M. PUBLIC HEARING WILL BE HELD ON application to create the Mixed Use Midtown (MUMT) Future until 5:00 P.M. or you may call Stephen Noto, City Planner, - Land Use Category and to amend Future Land Use Element at (407) 585 -1440 for more information concerning this request. MONDAY, MARCH 28, 2016 Table GOP -1. A copy of the staff report is available for inspection by the public in the Community Development Department, The Public Hearing will be held in the City of Lake Mary Commission AT 5:15 P.M. OR SOON THEREAFTER IN THE Lake Mary Municipal Services Building, 911 Wallace Court., Chambers, 100 N. Country Club Road, Lake Mary. Any interested COMMISSION CHAMBERS LOCATED AT Lake Mary, Florida 32746, Monday through Friday, from party may appear at the public hearing and be heard regarding the above described items or submit written comments to the address WINTER SPRINGS CITY HALL 8:00 A.M. until 5:00 P.M., or you may colt Stephen Noto, identified above. Said hearing may be continued from time to time until 1126 EAST STATE ROAD 434 City Planner, at (407) 585 -1440 for more information regarding the City Commission makes a final decision. the proposed amendment. WINTER SPRINGS, FLORIDA The Public Hearing will be held in the City Lake Mary NOTE: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMISSION WITH RESPECT TO ANY MATTER The proposed ordinance may be obtained Commission Chambers, 100 N. Country Club Rd., Lake Mary. CONSIDERED AT THIS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OFTHE PROCEEDINGS, AND THAT, FOR SUCH by interested parties between 8 a.m. and Any interested party may appear at the public hearings and be PURPOSE, HE OR SHE MAY NEEDTOENSURETHATAVERSATIM 5 p.m., Monday through Friday, at the City's heard regarding the above described amendment or submit RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD Clerk's Office, located at 1126 E. SR 434, written comments to the address identified above. Said hearings INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. FLORIDA STATUTES 286.0105. Winter Springs, Florida. For more information, may be continued from time to time until the City Commission makes a final decision. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO call (407) 327 -1800 #227. Persons with PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD disabilities needing assistance to participate in NOTE: IF A PERSON DECIDES TO APPEAL ANY DECISION CONTACTTHE CITY ADA COORDINATOR AT LEAST 48 HOURS IN any of these proceedings should contact the MADE BY THIS COMMISSION WITH RESPECT TO ANY ADVANCE OF THE MEETING AT 407- 565 -1424. Employee Relations Department Coordinator, MATTER CONSIDERED. AT THIS MEETING OR HEARING, HE OR SHEWILL NEED A RECORDOFTHE PROCEEDINGS, rc'` t - °, '` �"�..;: . 48 hours in advance of the meeting at AND THAT, FOR SUCH PURPOSE, HE OR SHE MAY !, <.t. -=y 4 .1- (407) 327 -1800, #236. This is a public NEED TO ENSURE THAT A VERBATIM RECORD OF THE ll _ L- —_.-7 _ t -�' headn Interested parties are advised that they g PROCEEDINGS IS MADE, WHICH RECORD. INCLUDES - - may appear at the meeting and be heard with THE. TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. FLORIDA STATUTES 286.0105. _ ,'r °W :j = respect to the proposed ordinance. Ifyou decide to appeal any recommendation or decision PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO made by the City Commission with respect to PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD 3 any matter considered at this meeting, you CONTACT THE CITY ADA COORDINATOR AT LEAST 48 HOURS IN ADVANCE OFTHE MEETING AT 407- 585 - 1424. '- will need a record Of the proceedings, and for - -�' such purposes, you may need to ensure that CITY OF LAKE MARY, FLORIDA` - a verbatim record of the proceedings is made CAROL A. FOSTER; - upon which the appear is based. CITY CLERK