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HomeMy WebLinkAbout2011 06 01 Public Hearings 502 Revising the Commerce Center Lt Industrial Zoning Code - Ordinance 2011-06PLANNING & ZONING BOARD AGENDA ITEM 502 June 1, 2011 Meeting Consent Information Public Hearing X Regular Mgr. / Dept REQUEST: The Community Development Department -Planning Division requests the Planning & Zoning Board/Local Planning Agency hold a public hearing for Ordinance 2011 -06 to repeal the 3,500 square foot maximum tenant area in the CC (Commerce Center) zoning district, and permit a 7,500 square foot maximum tenant area in the CC zoning district without the need for a Conditional Use approval. SYNOPSIS: On April 25, 2011, the City Commission adopted Resolution 2011 -17. This resolution suspends the enforcement of the 3,500 square foot maximum tenant area in the CC zoning district for one year and permits a maximum tenant area of 7,500 square feet without the need of a Conditional Use approval. The Commission adopted this resolution, and subsequently directed staff to prepare an ordinance to amend the City Code to allow a maximum of 7,500 square feet of tenant area without the need of a Conditional Use approval. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Industrial Zoning: Commerce Center APPLICABLE LAW &, PUBLIC POLICY City Code, Chapter 20, Sections 20 -345 through 20 -345.4 DISCUSSION: Resolution 2011 -11 was adopted by the City Commission as a result of information being brought to Staff's attention indicating that certain businesses located within the CC zoning district occupy more than the 3,500 square feet of maximum tenant area permitted by Code, but less than the 7,500 square foot maximum permitted with a conditional use approval. In an effort to avoid driving these businesses out of the City during these trying economic times, Staff proposed temporarily suspending enforcement June 1, 2011 Planning & Zoning Board, Item 502 Page 2 of 4 of the Code provision for one year. Asa result, the City Commission adopted Resolution 2011 -11. Subsequently, the City Commission directed staff to prepare an ordinance to amend the City Code to allow a maximum of 7,500 square feet of tenant area in the CC zoning district without the need of a Conditional Use approval in an effort to keep these and encourage new businesses in the City. The CC zoning district is a compact zoning district, located on the east and west sides of the City's portion of Belle Avenue that does not abut SR 434. A primary reason for limiting the size of the small -scale light industrial and commercial operations in the district was to serve the community as a place for start-up businesses of an exceptionally clean and non - objectionable manner, which did not generate a lot of traffic or parking. The district was intended to have a minimal impact on the abutting Winter Springs Elementary School, single family residential homes, as well as adjacent commercial development. The CC district limits tenant area to a maximum of 3,500 square feet or 7,500 square feet with an approved conditional use. Ordinance 2011 -06 will remove the 3,500 square foot maximum tenant area requirement, and will permit a maximum of 7,500 square feet of tenant area without the need of a Conditional Use approval in an effort to keep these and encourage new businesses in the City. CHRONOLOGY • July 2002- City Commission adopted Ordinance 2002 -07, creating a new Zoning classification category, "I4 Light Industrial District", and amended the list of permitted, conditional, and prohibited uses under the existing "C -1 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 "I4 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 "I -1" categories. • Sept. 3, 2003- Planning & Zoning Board/LPA made a unanimous recommendation to the Commission to consider possible permitted uses to add or modify within in I -1 and C -2. • Sept. 15 & Oct. 20, 2003- Commission Workshops. • Oct. 27 & Nov. 5, 2003- P &Z Visioning 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 exercises. • Dec. 12, 2003- The City Commission directed the City Attorney to prepare an ordinance creating a new CC- Commerce Center zoning district. • Jan. 26, 2004- 1" Reading of Ordinance 2004 -02 • Feb. 9, 2004 - 2nd Reading & Adoption of Ordinance 2004 -02, establishing the Commerce Center zoning district. June 1, 2011 Planning & Zoning Board, Item 502 Page 3 of 4 • Apr. 25, 2011- Adoption of Resolution 2011 -17 by the City Commission, which suspended enforcement of the 3,500 square foot maximum tenant area for one year. At this meeting, the City Commission directed staff to prepare an Ordinance that would permanently allow a maximum of 7,500 square feet of tenant area without the need of a Conditional Use approval. FINDINGS 1. The formation of the Commerce Center zoning district and its associated regulations were the product of a collaborative and iterative effort by the City, involving staff, the P &Z Board, the City Commission, and the land owners. 2. A primary reason for limiting the size of the small -scale light industrial and commercial operations in the Commerce Center district was to serve the community as a place for start-up businesses of an exceptionally clean and non - objectionable manner, which did not generate significant traffic or parking issues. 3. Staff finds this to be the only area of the City readily available for such small start-up industrial uses. 4. The Commerce Center district is intended to have a minimal negative impact on the abutting Winter Springs Elementary School, single family residential homes, as well as adjacent commercial development. 5. Certain businesses located within the CC district currently occupy more than 3,500 square feet, but less than the 7,500 maximum currently permitted with a conditional use approval. Ordinance 2011 -06 will permit a maximum tenant area of 7,500 square feet without a Conditional Use approval in an effort to keep and encourage business in the CC zoning district with flexible regulations during these tough economic times. FISCAL IMPACT: The fiscal impact should be positive by retaining these small local businesses and encouraging the addition of new small businesses in the CC zoning district with more flexible regulations. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, Laser Fiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, Laser Fiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff recommends that the Planning & Zoning Commission forward a recommendation of approval to the City Commission for Ordinance 2011 -06. June 1, 2011 Planning & Zoning Board, Item 502 Page 4 of 4 ATTACHMENTS: A. Ordinance No. 2011 -06 B. Resolution 2011 -17 C. Minutes April 25, 2011 City Commission meeting D. Division 14, City Code of Ordinances — Commerce Center Zoning District regulations E. Advertisement — Orlando Sentinel, Thursday May 19, 2011 ORDINANCE NO. 2011-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CC COMMERCE CENTER ZONING DISTRICT REGULATIONS SET FORTH IN CHAPTER 20, ARTICLE III, DIVISION 14 OF THE CITY CODE RELATED TO MAXIMUM TENANT AREA; PROVIDING FOR 7,500 SQUARE FEET OF MAXIMUM TENANT AREA; REPEALING THE CONDITIONAL USE FOR TENANT AREA BETWEEN 3,500 AND 7,500 SQUARE FEET; 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 CC- Commerce Center Zoning District was created in 2004 to allow for small - scale, light industrial and commercial operations; and WHEREAS, pursuant to section 20- 345.4(2) of the current CC- Commerce Center District regulations, tenant space is limited to a maximum of 3,500 square feet or 7,500 square feet with an approved conditional use; and WHEREAS, the City Commission finds that the existing limitations on the maximum tenant area are too restrictive for several existing businesses located in the CC- Commerce Center Zoning District and that enforcement of such provisions would likely drive these businesses out of the City; and WHEREAS, given the current downturn in the nation's economy, the City Commission desires to accommodate and maintain the existing businesses in the CC- Commerce Center Zoning District; and WHEREAS, in furtherance of accommodating these businesses, the City Commission adopted Resolution 2011 -17 on April 25, 2011, temporarily suspending the enforcement of the 3,500 square foot maximum tenant area in the CC- Commerce Center Zoning District; and WHEREAS, the City Commission directed that staffprepare an ordinance to amend the City Code to permit for a maximum of 7,500 square feet of tenant area in the CC- Commerce Center City of Winter Springs Ordinance No. 2011 -06 Page 1 of 4 Zoning District without the need for an approved conditional use; 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, Zoning, is hereby amended as follows ( underlined type indicates additions and strikeout 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 III. ESTABLISHMENT OF DISTRICTS * ** DIVISION 14. CC COMMERCE CENTER ZONING DISTRICT Sec. 20 -345. In general. The provisions of this district are intended to apply to lands suitable for a wide variety of small scale (less than seven three thousand five hundred (366 7 500 square feet) 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 - objectionable 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 adjacent 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." City of Winter Springs Ordinance No. 2011 -06 Page 2 of 4 Sec. 20- 345.3. Conditional uses. (1) Light manufacturing, processing, and assembly not listed above. (2) Health and exercise clubs and instruction which generate traffic from clientele. (3) Laundry and dry cleaning (with non - flammable solvents only). (4) Outside storage if screened from streets and adjacent properties by a masonry wall with an opaque gate. blon.11-111 I: I 11 �211 I I I 1111 All Will 0410,1111, IMMI •• - - •• A1�ll�l.�OR.1l ATIR.� ■ \l�l..l LI.III Jbig nor"IlL . Mul Sec. 20- 345.4. Bulk regulations. (2) Maximum tenant area: free Seven thousand five hundred (366 7,500 square feet; atiless permitted by conditional use. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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. Section 6. Effective Date. This Ordinance shall become effective immediately upon City of Winter Springs Ordinance No. 2011 -06 Page 3 of 4 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 , 2011. 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 Legal Ad Published: First Reading: Second Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2011 -06 Page 4 of 4 RESOLUTION NO. 2011 -17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, APPROVING THE TEMPORARY SUSPENSION OF ENFORCEMENT OF THE 3,500 SQUARE FOOT MAXIMUM TENANT AREA IN THE CC- COMMERCE CENTER ZONING DISTRICT FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR ONE (1) ONE -YEAR EXTENSION OF THE SUSPENSION PERIOD BY A MAJORITY VOTE OF THE CITY COMMISSION; PROVIDING FOR REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City 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, over the course of several months in 2002 and 2003, the City staff, Planning & Zoning Board, and City Commission reviewed and analyzed the various uses permitted or conditionally permitted in the City's C -2 General Commercial and I -1 Light Industrial Districts; and WHEREAS, following several workshops and visioning exercises, the City Commission directed that a new CC- Commerce Center Zoning District be created to allow for small - scale, light industrial and commercial operations; and WHEREAS, Ordinance 2004 -02, adopted on February 9, 2004, created the CC- Commerce Center Zoning District; and WHEREAS, pursuant to section 20- 345.4(2) of the current CC- Commerce Center District regulations, tenant space is limited to a maximum of 3,500 square feet or 7,500 square feet with an approved conditional use; and WHEREAS, the existing limitations on the maximum tenant area are too restrictive for several existing businesses located in the CC- Commerce Center Zoning District, and enforcement of such provisions would likely drive these businesses out of the City; and WHEREAS, given the current downturn in the nation's economy, the City desires to accommodate and maintain the existing businesses in the CC- Commerce Center Zoning District, by temporarily suspending enforcement of the 3,500 square foot maximum tenant area; and WHEREAS, the City Commission believes that relaxing this provision of the City Code is City of Winter Springs Resolution No. 2011-17 Page 1 of 3 in the best interests of the citizens and business owners of Winter Springs while the City reviews and evaluates the City's CC- Commerce Center District regulations; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Temporary Suspension of Enforcement of Maximum Tenant Area in CC- Commerce Center Zoning District. The Winter Springs City Commission hereby approves temporarily suspending, for a period of one (1) year, the enforcement of the 3,500 square foot maximum tenant area applicable in the CC- Commerce Center Zoning District, as set forth in section 20- 345.4(2) of the Winter Springs Code of Ordinances. All other provisions of the CC- Commerce Center Zoning District shall remain in full force and effect. Section 3. Extension of Suspension Period. The one (1) year suspension period set forth in Section 2 of this Resolution may be extended for one (1) additional one -year period by a majority vote of the City Commission at a duly held City Commission meeting. Section 4. Termination of Suspension Period. Notwithstanding any other provision of this Resolution, the City Commission reserves the right to terminate, at any time, the one -year suspension period set forth in Section 2 herein. Any such termination shall by majority vote of the City Commission at a duly held City Commission meeting. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 25 th day of April , 2011. City of Winter Springs Resolution No. 2011 -17 Page 2 of 3 Charles Lacev, May ATTV j _ Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Resolution No. 2011 -17 Page 3 of 3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 16 OF 19 RECOMMENDATION: LOCAL PLANNING AGENCY RECOMMENDATION: The Board Made A Unanimous Recommendation That The Comprehensive Plan Be Amended With Ordinance 2011 -01 To Incorporate The Annual Update Of The Capital Improvement Element Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part II Florida Statutes. STAFF RECOMMENDATION: Staff Recommends That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2011 -01, Amending The Comprehensive Plan To Incorporate The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part II, F.S. (Florida Statutes) And Move The Ordinance To Second Reading. Mayor Lacey inquired, "Motion to read by `Title' only ?" "SO MOVED." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -01 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE - MOVE TO SECOND (READING)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mayor Lacey remarked, "Ordinance 2011 -01 is Approved on First Reading, moved to Second (Reading)." REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Requests The City Commission Approve Resolution 2011 -17, Temporarily Suspending Enforcement Of The 3,500 SF (Square Feet) Maximum Tenant Area In The CC- Commerce Center Zoning District For One Year. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 17 OF 19 FISCAL IMPACT: The Fiscal Impact Should Be The Status Quo Or Positive, By Retaining These Small Local Businesses. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, Laser Fiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, Laser Fiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Billing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The City Commission Approve Resolution 2011 -17. Mr. Baker addressed the City Commission on this Agenda Item. "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER BROWN THEN SAID, "I WAS ACTUALLY HOPING THAT STAFF WOULD DO THEIR STUDY AND COME BACK WITH A MOTION TO REPEAL; BECAUSE I AM NOT SO SURE WHY IN OUR BUSINESS DISTRICT WE WOULD WANT TO LIMIT THE SIZE OF TAX PAYING BUSINESSES TO BEGIN WITH. I WOULD BE WILLING TO ENTERTAIN JUST DOING AWAY WITH IT, AT SOME POINT, IF NOT NOW." "I WILL MAKE THE MOTION THAT WE SUSPEND IT PERMANENTLY." AMENDMENT TO THE MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED, "WE HAVE A MOTION ON THE FLOOR — A MOTION TO AMEND THE MOTION TO CHANGE FROM A SUSPENSION TO A TERMINATION." ATTORNEY GARGANESE SUGGESTED, "YOU COULD GO AHEAD AND APPROVE THE RESOLUTION, SUSPENDING THE 3,500 SQUARE FOOT LIMITATION, THE MAXIMUM WITHOUT A CONDITIONAL USE PERMIT AND DIRECT STAFF TO COME BACK WITH AN ORDINANCE FOR FIRST READING TO AMEND THE CODE." MAYOR LACEY ASKED THE CITY COMMISSION, "IS THERE ANY OBJECTION TO WITHDRAWAL OF THE AMENDMENT ?" HEARING NO OBJECTIONS, MAYOR LACEY NOTED, "THE AMENDMENT STANDS WITHDRAWN." MAYOR LACEY THEN EXPLAINED, "THE MAIN MOTION IS TO ESSENTIALLY APPROVE STAFF'S RECOMMENDATION TO TEMPORAIRLY SUSPEND ENFORCEMENT OF THE ORDINANCE UNDER RESOLUTION 2011 -17." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2011 PAGE 18 OF 19 VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Lacey asked, "Is there any objection then by Consensus giving direction to the Manager to prepare an Ordinance to repeal ?" Commissioner Krebs stated, "No objection." Commissioner Brown remarked, "No objection." Commissioner Bonner commented, "No objection." Mayor Lacey then said to Manager Smith, "You have that direction." REGULAR 601. Office Of The City Clerk REQUESTS: Requests That Commissioner Cade Resnick Make An Appointment To The Bicycle And Pedestrian Advisory Committee To Fill A Currently Open Seat, Due To The Recent Resignation Of A Bicycle And Pedestrian Advisory Committee Member. (Advisory Board Appointment) FISCAL IMPACT: There Is No Specific Fiscal Impact To This Proposed Appointment. COMMUNICATION EFFORTS: Commissioner Cade Resnick Was Contacted About This Vacancy. Additionally, This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Billing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Commissioner Cade Resnick Is Respectfully Requested To Make An Appointment To The Bicycle And Pedestrian Advisory Committee. Depending On Whom Commissioner Cade Resnick Appoints, There May Be A Subsequent Vacancy And Appointment Necessary. "KOK WAN MAH" NOMINATED TO THE SEAT FOUR (4) OPEN POSITION ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. ATTACHMENT "D" DIVISION 14. CC COMMERCE CENTER ZONING DISTRICT. Sec. 20 -345. In general. The provisions of this district are intended to apply to lands suitable for a wide variety of small scale (less than three thousand five hundred (3,500) square feet) 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 - objectionable 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 adjacent 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." (Ord. No. 2004 -02, § 2, 2 -9 -04) 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. Bakery products; c. Bottling plants; d. Brooms and brushes; e. Candy and confectionery products; f Ceramics and pottery; g. Cosmetics and toiletries; h. Customized cabinetry, furniture, or other specialty woodworking shop; i. Dairy products; j. Dental labs; k. Electrical machinery and equipment; 1. Electronic equipment; software development; m. Floral arrangements; n. Garments, textile products including draperies; o. Glass and glass products; p. Jewelry; q. Optical equipment; r. Material or product packaging; s. Medical supplies (with limited rental); t. Perfume; u. Pharmaceutical products; v. Photographic equipment and supplies; w. Plastic products, except pyroxylin; x. Precision instruments and machinery; y. Promotional products; z Recreational equipment; aa. Screen printing; bb. Soap products and candles; cc. Shoes and leather goods (except leather processing); dd. Signs; ee. Silverware and utensils; ff. Specialty foods; gg. Specialty merchandise; hh. Species and spice packaging; ii. Stationery; jj. Toys; kk. Vehicle accessories and parts; 11. Window coverings; (2) Catering. (3) Equipment service and installation. (4) Landscaping services. (5) Offices and studios including: a. Advertising and marketing; b. Artists, such as painters, sculptors, and craftmakers; c. Auctioneers; d. Consultants; e. Contractors; f Graphic arts, design; g. Mail order addressing; h. Musicians; i. Photography; j. Radio and television; k. Real estate brokers; 1. Telephone sales solicitors; m. Utility management services; n. Vehicle brokers or agents; o. Wholesale sales and distribution; and p. Wrecker and towing service. (6) Packing and 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 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 directly associated with a permitted use authorized by this Section, provided the retail sales are ancillary, secondary, and incidental to the permitted use. (Ord. No. 2004 -02, § 2, 2 -9 -04) Section 20- 345.2. Building height restrictions. No building or structure shall exceed thirty -five (35) feet. (Ord. No. 2004 -02, § 2, 2 -9 -04) Sec. 20- 345.3. Conditional uses. (1) Light manufacturing, processing, and assembly not listed above. (2) Health and exercise clubs and instruction which generate traffic from clientele. (3) Laundry and dry cleaning (with non - flammable solvents only). (4) Outside storage if screened from streets and adjacent properties by a masonry wall with an opaque gate. (5) Tenant area greater than three thousand five hundred (3,500) square feet but less than seven thousand five hundred (7,500) square feet. (Ord. No. 2004 -02, § 2, 2 -9 -04) Sec. 20- 345.4. Bulk regulations. (1) All uses shall be maintained within an enclosed permanent building with no outside storage, unless permitted by conditional use. (2) Maximum tenant area: Three thousand five hundred (3,500) square feet, unless permitted by conditional use. (3) Minimum front setback: Twenty -five (25) ft. (4) Minimum side and rear setback: Fifteen (15) feet. (Ord. No. 2004 -02, § 2, 2 -9 -04) E2 to to meht & Performance Bonas may oe required. Bid documents are available through a web -based site iSgFt, CFBE 407 -629- 2411, & F.W. Dodge 407- 6494200. Please C)schmidt®wharTonsmith.com)Sby 5 :00 p.m. Wednesday, May 25th. Do not contact the Architect or Owner for in- formation on this project. COR1133018 5/12,5/1912011 LEGAL NOTICE INVITATION TO BID 0163.11 NOTICE IS HEREBY GIVEN that the Orange County Sheriff's Office is ac i - cepting sealed bids for installation of ancillary equipment for law enforce. ment vehicles. Sealed bids will be accepted until 4:30 PM (local Time) Wednesday, June 22,- 2011, in the Orange County Sheriff's Of- fice, Purchasing Section, 2500 W. Colo- nial Drive, Orlando, Florida, 32804. The Sheriff will not be responsible for late deliveries or delayed mail. Sealed t Thursday, June 23,32 AM (local 0 Contact the Sheriff's Purchasing Sec- tion of 407- 254 -7147 or 407- 254 -7150 to ob- tain copies of the bid. The Sheriff of Orange County reserves the right to accept or reject any and all bias. Jerry L. Demings Sheriff of Orange County, Florida J. Sue Robertson Purchasing Manager COR1132801 5719,22/2011 OS E LA COUNTY PARKING GARAGE EXPANSION INVITATION FOR BIDS Bids will be received by the Construc- Man Manager at the offices of Manhat- tan Kraft Construction, Inc., at either 2511 Trafalgar Boulevard, Kissimmee, FL 34105, by C00 PM on Ma 2011 ALL Scopes of Work: May Sail Improvement via Vibro Replacement, Site /C v,I and Plant -cast Structural /Ar- chitectural Concrete Parking Structure. Bidding documents will be uploaded to isgft.cam. The bid invitation will be e- mailed or faxed via isqft and Subcon- tractors will be given a user name and nin— Subcontractors must have on contact Lyn Ross at MannaTTan Kraft's Main Office by calling 39 643- 6000 for a Pre - Qualification Form and Invitation to Bid. Plans and specs can also be viewed at our office located at: 2511 Trafalgar Boule- vard in Kissimmee, by appointment onl9. Please call Letho at 407 201 -8301 110 schedule a viewing time. Faxas, entrails and deliveries are accepted. Sub- contractors bidding more than one scope of work and/or combined scopes shall ,submit such bids separate plainly marked as to the contents- COR1134055 5719,5/22/2011 NOTICE UNDER FICTITIOUS NAME STATUTE 0 WHOM IT MAY CONCERN: . Letters Testamentary issue To: Barbara J. Burkard. Dated, Attested and Sealed, April 20, 2011 Hon. John M. Ci Surro ate .Surrogate- , • - /s/Michael of Clerk Attorney -for Petitioner: William J. Bernstein, Esq. 100 Austin Street, Building 2 Patchogue, NY 11772 631- 654 -4900 COR1131208 ..5/4,11,18,25/2011 I � SEMINOLE COUNTY LAND PLANNING AGENCY( P LANNING AND ZONING COM ISSION NOTICE JU PUB 1. M AT 0 PM HELD Notice is hereby given that the Semi- nole County Land Planning Agency / Plannin9 and Zoning Commission (LPA/P &Z) will conduct Public hear- ings as noted above, or as soon there. ices East First Street Sanford, Florida, Room 1028 (Board Chambers). The purpose of this hear. - ing is to receive public input and to make a recommendation to the Board of County Commissioners (BCC) on the item described below: Lake Avenue Rezone; James FIYnn III, appli- cant; Rezone from PUD (Planned Unit Development) A -1 (Agriculture) for 1 the end of (Z2011 -009) I AN ORDINANCE AMENDING PURSUANT TO THE LAND DEVELOPMENT COME OF SEMINOLE COUNTY, THE ZONING CLASSIFICATIONS AS- SIGNED TO CERTAIN PROPERTY LOCATED IN SEMINOLE COUNTY (LENGTHY LEGAL DESCRIP- TION ATTACHED AS EXHIBIT) ASSIGNING CER- TAIN PROPERTY CURRENTLY ASSIGNED THE PLANNED UNIT DEVELOPMENT PUD11)Z���ONING NG I LASSIHCATION E P I GIDIN F E GISLA- ' P80VIOIN6 FOR FROM CODIFICA TION; AND PROVIDING AN EFFECTIVE DATE. Commissioner Carey District 5 Brian M. Walker, Senior Planner Interested parties are encouraged to appear at these hearings and present written itpmtsrograsubmithwraTten cod of the Proceedings, and for such purpose they may need To ensure a verbatim record of the proceedings is mode, which record includes the testi- mony and evidence upon which the ap. peal is based ed (Florida Statutes, Sec- tion BOA SEMINO EUCOU COM MISSIONERS CSE1133085 5119/2011 05AS Executive Committee Meeting Date: May 18, 2011 Time: 230 PM Call-In: 1- 866 -886 -5735 Participant Code: 5681041 - n Dated aT Kissimmee, Osceola County, Florida, Mav 16, 2011. OSC1134119 5/19/2011 NOTICE UNDER FICTITIOUS NAME STATUTE TO WHOM IT MAY CONCERN: Notice is hereby given that the under- signed pursuant to the Fictitious Name Statute', Chapter 865.09, Flori- da Statutes, will register with The Divi- sion of Corporations, Deportment of State, State of Florida upon receipt of proof of the publication of this notice, The fictitious Small Busi Business Solutions under which I am engaged in business at PO Box 18 Goldenrod, FL 33733. That the party interested in said busi- ness enterprise is as follows: COR1131515 I 5179/11 I JTV THE CITY OF WINTER , cart NOTICE THAT THE LOCAL P NNINO AGENCY a T The P.M. The in- re any matter considered at this meeting, you will need a record of the proceed- ings and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. SLS1133786 5 PUBLIC AUCTION May 26Th 2011 at 6 m. 2007 Faro Explorer 1FMEU63EVUB54321 124 W. LandsTreet Road, Orlando For info call: 407- 812 -3409 COR1134273 0571912011 FOR SALE! Classified ads in the Orlando Sentinel will drive your sales! With over 611,000 weekday readers and nearly 940,000 on Sunday, we'll help you rev up your sales figures! IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: 2011 -CA- 3952.0 DIVISION NUMBER: 33 IN RE: FORFEITURE OF $1,441.00 IN U.S. CURRENCY NOTICE OF FORFEITURE COMPLAINT TO: CORY WHITE 13869 COUNTRY PLACE DRIVE ORLANDO, FL 32826 and all others who claim an interest in $1,441.00 in U.S. Currency, which, was seized on or about the 17th day of February, 2011, at or near 2830 Sanka Drive, Orange County, Florida. Said Property is in the custody of the Sher- iff of Orange County. A complaint for forfeiture has been filed in the above styled Court. I HEREBY CERTIFY That this Notice Is be- ing, served pursuant to The notice Pro- visions or Florida Statutes 932.701.707, this 6Th day of May, 2011. /a/ Eric. D. Dunlap Assistant General Counsel Florida Bar No. 897477 Orange County Sheriff's Office Legal Services 2500 West Colonial Drive Orlando, FL 32804 (407) 254 -7170 5712, 5/19/2011 LY, MAY 19, 2011 4L_M AF B`..= .;... of the following 6d certificate for Issued thereon. it and year of is- m of the proper - which it was as- @g R;_ 2006 -4447 CPA a.m. OLS1120129 04/28, 05/05,12,19/2011 -NOTICE OF APPLICATION FOR TAX DEED- NOTICE IS HEREBY GIVEN that PLYMOUTH PARK TAX SERVICES LLC the holder of the following certif- icate has filed said certificate for a TAX DEED To be issued thereon. The Certificate number and Year of issu- ance, the description of the property, and the names in which it was as- certificate shall be redeemed accord- ing to law, the property described in such certificate will be sold to the highest bidder in the Conference Room, located at 109 E. Church Street, 4th Floor, Orlando, Florida on Jun -02- 2GIl at 10:00 a.m. Dated: Apr -21 -2011 Martha O. Haynie, CPA County Comptroller Orange County, Florida By: Mfro Suarez Deputy Comptroller OLS1130286 4 /28,5/5,5/12,5/19 /2011 -NOT ICE APPLICATION FOR AX E D- The Orange a publi� hear N OL51132584 oy: mini auarec % Deputy Comptroller OLS1129922 1 4128,5/5,12,19/2011 -NOTICE OF AX -