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.
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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 -