HomeMy WebLinkAbout1997 06 23 Regular Item B
COMMISSION AGENDA
ITEM
B
REGULAR X
CONSENT
INFORMATIONAL
June 23. 1997
Meeting
/!: -
MGR. DE~
Aut orization ~
REQUEST: Community Development Department requests the City Commission to hold a
public hearing to consider approving the first reading for adoption of Ordinance
No. 662, to create a new zoning district "C-3 Flex-Space Comercial".
PURPOSE:
The purpose of this Board Item is to request the Commission to hold a public hearing to
consider approving the first reading for adoption of Ordinance No. 662 to create a new
zoning district "C-3 Flex-Space Commercial" in Chapter 20 of the City's Code of
Ordinances as requested by the applicant, R. E. Owen & Associates, for his property
known as Excelsior Business Park.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 166.041(3)(c) F.S. which states in part "Ordinances initiated by other
than the municipality that change the actual Zoning Map designation of a parcel or parcels
ofland shall be enacted pursuant to paragraph (a). Ordinances that change the actual list
of permitted, conditional, or prohibited uses within a zoning category, or ordinances
initiated by the municipality that change the actual zoning map designation of a parcel or
parcels ofland shall be enacted pursuant to [166.041(3)(c)1.,2.a.b. or c.F.S.].
JUNE 23, 1997
AGENDA ITEM B
Page 2
CONSIDERATIONS:
1. The C-2 General Commercial and Industrial District allows warehousing.
2. The applicant claims that other permitted uses in the C-2 zoning district would not
be compatible with the warehousing he wants to locate at Excelsior Business Park.
3. Staff has reviewed the permitted uses in the C-2 "General Commercial and
Industrial" District and find that they are compatible.
4. Bell Avenue is zoned C-2 and has existing warehousing operations. There have
been no complaints in this area about incompatablility of permitted uses.
FINDINGS:
1. The C-2 General Commercial and Industrial District allows warehousing.
2. Staff has reviewed the permitted uses in the C-2 "General Commercial and
Industrial" District and find that they are compatible.
3. Bell Avenue is zoned C-2 and has existing warehousing operations. There have
been no complaints in this area about incompatablility of permitted uses.
PLANNING AND ZONING BOARD RECOMMENDATION TO THE CITY
COMMISSION:
MOTION:
[Recommend to the City Commission] consideration of a new zoning
classification tentatively designated C-3 "Flex-Space Commerical District as
presented by staff with input from the applicant for use in the City of Winter
Springs.
VOTE:
3 ayes, 0 nays
NOTE:
Following the vote, Mr. Grimms asked for clarification. [verbatim transcription
from the tape] Mr. Fernandez stated "that they [the City Commission] consider it
with appropriate staff input as to whether it is needed, the places in the City, more
information than we have tonight to make that final call, that they be given
whatever flexibility they need. . ."
JUNE 23, 1997
AGENDAITEM B
Page 3
RECOMMENDA TION:
Staff recommends disapproval of the first reading of Ordinance No. 662 to create a new
zoning district C-3 "Flex-Space Commercial" based on the findings below:
1. The C-2 General Commercial and Industrial District allows warehousing.
2. Staff has reviewed the permitted uses in the C-2 "General Commercial and
Industrial" District and find that they are compatible.
3. Bell Avenue is zoned C-2 and has existing warehousing operations. There have
been no complaints in this area about incompatablility of permitted uses.
IMPLEMENTATION SCHEDULE:
The City Commission would hold a second reading on July 14, 1997 and adopt, not adopt,
or delay consideration of Ordinance 662 to create a new zoning district C-3 "Flex-Space
Commercial". The ordinance would take effect immediately upon adoption.
ATTACHMENTS:
1. Sec. 20-252 Uses permitted in the C-2 General Commercial and Industrial Districts
2. Staff Report to P & Z Board.
4. Ordinance No. 662
COMMISSION ACTION:
however, that when the frontage in one (1) block
is located partly in C-l Neighborhood Commer-
cial Districts and partly in a residential or multiple-
dwelling district, then the front yard requirements
of the residential district or multiple-dwelling dis-
trict shall apply to the C-l Neighborhood Com-
mercial Districts.
(b) Side yard. None required except on that
side of the lot abutting upon the side of a lot
zoned for residence purposes, in which case there
shall be a side yard of not less than thirty (30)
feet. In all other cases a side yard, if provided,
shall not be less than three (3) feet.
(Ord. No. 44, S 44.51, 1-8-68)
Sec. 20-238. Off-street parking regulations.
Section 9-276 et seq. as to off-street parking
regulations in C-l Neighborhood Commercial Dis-
tricts shall apply. .
(Ord. No. 44, S 44.52, 1-8-68)
Sees. 20-239-20-250. Reserved.
DIVISION 8. C-2 GENERAL COMMERCIAL
AND INDUSTRIAL DISTRICTS
Sec. 20-251. In general.
The lands of the C-2 General Commercial and
Industrial Districts are to be used by a variety of
commercial and industrial operations. The pur-
pose of this district is to permit the normal opera-
tion of the majority of industrial uses under such
conditions of operation as will protect abutting
residential and commercial uses and abide by the
performance standards of the county, the state
and U.S. government. . .
(Ord. No. 44, S 44.53, 1-8-68)
Sec. 20-252. Uses permitted.'
Within C-2 General Commercial and Industrial
Districts, no building, structure, land or water
shall be used except for one (1) or more of the
following uses:. ..:. _;.~. .....
(1) Any use pe.rmitted in C-l Neighborhood
. Commerci~n.istricts;. . . . . ." ': .
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(2). l\ut~mo~{~~}?~dy-'~~p8king and p'ainti~g;
ZONING
~ 20.252
(3) Automotive glass, vinyl tops and seat covers;
(4) Automotive sales and service;
(5) Automotive renting and leasing;
(6) Automotive tires;
(7) Baker, whol~sale;
(8) Boats, sales and qervice;
(9) Bottling and distribution plants;
(10) Building and plumbing supplies;
(11) Bus terminal;
(12) Cabinetmakers;
(13) Clothing manufacturing;
(14) Cold storage and frozen food lockers;
(15) Contractors' equipment, storage yards;
(16) Convenience markets and stores;
(17) Drive-in theaters;
(18) Feed stores;
(19) Flea markets, open air;
(20) Gas, bottled;
(21) Grocers, wholesale;
(22) Ice, wholesale;
(23) Industrial trade and vocational schools;
(24) Junkyards;
(25) Kennels;
(26) Laboratories for testing materials and chemi-
. cal analysis;
(27) Lumber and building supplies;
(28) Manufacturing' and assembly of scientific
and optical precision instruments;. .
(29) Mobile homes, sales and service;
(30) Movers;
(31) Nurseries, plants, trees; wholesale; '..',___. :. ..~..._....
(32). Outdoor advertising ~ign~ eq~p~e~t; "."Y~'... ~;;':<.~...
. . ; '(~?). p'e.~~.~c.~~~<?l. (eite~i~~t~ng); ..H:::>>.:.:',".::.:;- ;.':~::~:.~;::::;~:>.
(34) Printers, conimercial; .... - . .
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9 20-252
WINTER SPRINGS CODE
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(35) Public maintenance buildings;
(36) Recreational vehicles;
(37) Roofing;
(38) Sheet metal shops;
(39) Swimming pool contractors, equipment
storage.;
(40) Taxicabs;
(41) Warehouses;
(42) Wholesale meat and produce distributors.
(Ord. No. 44, ~ 44.54, 1-8~68; Ord. No. 265, ~ 1,
7 -13-82)
Sec. 20-253. Building site area regulations.
No building or structure shall exceed fifty (50)
feet in height.
(Ord. No. 44, ~ 44.55, 1-8-68)
Sees. 20-254-20-265. Reserved.
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'DIVISION 9. R-U RURAL URBAN
lDWELLING DISTRICTS
Sec. 20-266. In general.
The lands inCluded within the R-U Rural Urban
Dwelling Districts are those developed or used
predominantly .for agricultural purposes and gov-
ernment or public service facilities with single-
family dwellings as the primary residential use.
IJ The sites are intended to be those which would
~~ normally have large tracts of land adjacent or
.~ ~ contiguous to residential locations.
1\ ~ (Ord. No. 44, ~ 44.56, 1-8-68)
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~ Sec. 20-267. Uses permitted.
~ \.J Within any R-D Rural Urban Dwelling District,
~ no building, structure, land or water shall be used
\f'I\ . except for one (1) or more of the following uses:
If..... \ (1) Forests, groves, farms and truck garden-
I ~ - ~ ing, including usual farm building struc-
'" ~ tures and livestock;
'~\.b (2) Nurseries and greenhouses; .
c-. ~ \\, (3) Public recreation areas and facilities;
~ N( (4) Private clubs, including golf courses and
~ ~ recreational uses; except skeet and gun clubs
or commercial amuseme'nt .enterprises op-
erated entirely for private profit; q-'
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(5) Public schools and private educational in-
stitutions having a curriculum the same as
ordinarily given in public schools. Other
schools not having a curriculum may be
operated, provided a permit therefor is first
obtained from the board of adjustment;
(6) Home occupations;
(7) Single-family dwellings, but a building permit
for such dwelling shall not be issued until
there shall be filed with the building offi-
cial, a certificate signed by the plumbing
inspector, attesting that the lot upon which
the dwelling structure is to be erected, has
a satisfactory minimum standard of im-
provements;
(8) Accessory buildings and uses customarily
incident to the above uses not involving
the conduct of a business;
(9) Commercial riding stables and commercial
dog kennels, when located on a tract of
land of not less than five (5) acres and pro-
vided that no structure, pen or corral hous-
ing animals shall be closer than two hun-
dred (200) feet from any property line;
(10) Roadside stands offering for sale only prod-
ucts which are produced on the premises,
provided such structure is set back at least
thirty-five (35) feet from the front or side-
line of the property.
(Ord. No. 44, ~ 44.57, 1-8-68)
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Sec. 20-268. Conditional uses....
(a) There shall be no conditional use .within
R-U Rural Urban Dwelling Districts except .the
following:
(1) Churches with their attendant educational
buildings and recreational facilities;
(2) Public utilities aIid public service stnictures;
(3) Commercial amusement enterprises oper-
. ated entirely for private profit;
(4) Government service' facilities. ,. """-. q::'T . .... - ..
.- ..... .:..;: . .,;.v:...:::..,:.... ...,.;: ..:. ": .... "':"i2';";;;"~
(b) Before a conditional use.'may"be' 'granted ....~-....f :~:-:~~'.
within the classification, the board of adjustment '0
1216
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.9 20-208
WINTER SPRINGS CODE
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Sec. 20-208. Conditional uses.
(a) Conditional uses within R-3 Multiple-Family
Dwelling Districts are the same as for R-1AAA,
R-1AA, R-IA a~d R-1 Single-Family Dwelling
Districts.
(b) Before a conditional use may be granted
within the classification, the board of adjustment
must, after public hearings, find that the use or
uses are consistent with the general zoning plan
and with the public interest.
(Ord. No. 44, 9 44.45.3, 1-8-68; Ord. No. 68, 9 XII,
11-29-71; Ord. No. 240, 9 7,5-26-81)
Sec. 20-209. Building height regulations.
IIi R-3 Multiple-Family Dwelling Districts, build-
ing heights shall not be higher than forty-five
(45) feet.
(Ord. No. 44,944.45.4,1-8-68; Ord. No. 68, 9 XIII,
11-29-71) . .
Sec. 20-210. Building area regulations.
The multiple-family dwelling structures included
within the R-3 zoning classification shall not con-
sist of more than sixteen (16) units per acre.
(Ord. No. 44, 944.45.5, 1-8-68; Ord. No. 68, 9 XIV,
11-29-71)
Sec. 20-211. Front, rear and side yard regu-
lations.
The following yard regulations shall apply in
the R-3 Multiple-Family Dwelling Districts:
(1) Front yard. The front yard shall not be less
than twenty-five (25) feet in depth.
.~
(2) Rear yard. The rear yard shall not be less
than thirty-five (35) feet in depth.
(3) Side yard. The side yard shall not be less
than ten (10) feet in width.
(4) . Corner lots. The front yard setback regula-.
... tion shall control when the building is lo-
cated on more than one (1) street.
(Ord. No. 44, 9 44.45.6, 1-8-68; Ord. No. 68,9 XV,
11-29-71)
Sec. 20-212. Lot coverage.
Seventy-five (75) percent of the lot area is the
maximum which may be covered by the principal
and accessory buildings or structures located within
the R-3 Multiple-Family Dwelling Districts.
(Ord. No. 44,944.45.7,1-8-68; Ord. No. 68,9 XVI,
11-29-71)
Sec. 20-213. Off-street parking regulations.
All parking within the R-3 Multiple-Family Dwell-
ing District shall be provided in an off-street park-
ing lot, which shall accommodate at least two (2)
parking spaces for each unit located within the
multiple-family dwelling structure.
(Ord. No. 44, 9 44.45.8, 1-8-68; Ord. No. 68, 9
XVII, 11-29-71) .
Sees. 20-214-20-230. Reserved.
DIVISION 7. C-1 NEIGHBORHOOD
COMMERCIAL DISTRICTS
Sec. 20-231. In general.
The. C-1 Neighborhood Commercial District con-
sists of lands abutting certain principal streets,
the frontages of which are especially adaptable to
selected low-traffic-generating uses. Adjoining these
lands are residential districts that would be ad-
versely affected by a greater diversification of
uses-aeating serious problems of traffic movement
and generation. The district is designed to pro-
mote spaciousness of land use.
(Ord. No. 44, 9 44.46, 1-8-68)
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Sec. 20-232. Uses permitted. .
(a) Within any C-1 Neighborhood Commercial
District, no building, structure, land or water shall
be used except for one (1) or more of the following
uses:
(1)
(2)
.(3)
(4)
(5)
(6)
Administrative public buildings;
Advertising agencies;
Alcoholic beverage sales (package);
Alcoholic beverage on-premises consumption;
Alterations and tailoring;
Antique and gift shop;
".
C.
\--
1212
....
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(7) Appliances, sales and service;
(8) Artists' studios;
(9) Attorneys;
(10) Automotive accessories sales;
(11) Bakery, retail;
(12) Bathroom accessories;
(13) Bicycles, sales and service;
(14) Bookstores, stationery, newsstands;
(15) Bookkeepers;
(16) Bowling alleys;
(17) Butcher shop, retail only;
(18) Carpets, rugs and linoleum;
(19) Car wash;
(20) Churches;
(21) Cleaners;
(22) Coin dealers;
(23) Computers, hardware and software sales
and service;
(24) Confectionery and ice cream stores;
(25) Dance and music studios;
(26) Day nurseries, kindergartens and day care;
(27) Drug and sundry stores;
(28) Employment agencies;
(29) Financial institutions, banks, savings and
loan;
. "
\
(30) Florist and gift shops;
(31) Full-service gas stations, requiring that me-
chanical repair service be provided;
(32) Furniture:retail, new and used;
(33) Grocers, retail; those whose business include
and are limited to the retail sale of grocer.
ies including produce, meats and household
goods but. shall. not include the ~ale. of
'gasoline; .
(34) Gun shop;:__. ....
. (35) Hardware stores;
. )..'
ZONING
\\ 20-232
(36) Health food;
(37) Hobby and craft shops;
(38) Hospitals and nursing homes;
(39) Hypnotists;
(40) Ice, retail;
(41) Insurance;
(42) Interior decorating and draperies;
(43) Jewelry stores;
(44) Launderettes and laundromats;
(45) Libraries;
(46) Loan companies;
(47) Locksmiths;
(48) Luggage shops;
(49) Medical clinics and laboratories;
(50) Nurseries, plants, trees, etc., retail;
(51) Outdoor advertising signs sales offices;
(52) Paint store;
(53) Parking garages;
(54) Pawnshop;
(55) Pet shops and grooming;
(56) Photographic studios;
(57) Physical fitness and health clubs;
(58) Post office;
(59) Private clubs and lodges;
(60) Quick printers;......
(61) Radio and TV broadcasting studios; exclud-
ing towers;
(62)
(63)
(64)
Radio and TV sales and service; .
Rental shops;
Regulated professions, offices and professions
licensed and regulated by the department .
of professional regulation pursuant to F .S.
ch. 455 and F.S. ~ 20.30, as now existing or
as hereafter amended;
. .
(65) . R.~t~~re~~:~:~?mesf:::c;'\:;~';'::~':::::':::' ."_..
(66) Restaurants;
.. -." . - ~ .. .'. .";.
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1213
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9 20-232
WINTER SPRINGS CODE
,r-
(67) Schools, public, private and parochial, ser-
vice vocational schools (such as cosmetolo-
gy, medical and dental assistant's training)
requiring no mechanical equipment;
(68) Shoe repair shops;
(69) Skating rinks;
(70) Sporting goods, retail; .
(71) Swimming pools; sales, service and supplies;
(72) Tailoring shops;
(73) Taxidermists;
(74) Telephone business office and exchanges";
(75) Theaters, not drive-ins;
(76) Title companies;
(77) Tobacco shops.;
(78) Toy stores;
(79) Travel agencies;
(80) Wearing apparel stores;
(81) Any other retail store or business enter-
prise not listed under any other zoning clas-
sification that in the judgment of the board
of adjustment is consistent with those in-
cluded above, and further, that will be in
harmony with the spirit of this chapter.
(b) Outdoor display and/or sales are prohibited
except by special exception.
(Ord. No. 44, 9 44.47, 1-8-68; Ord. No. 264, ~ 1,
7-13-82)
Sec. 20-233. Nonconforming uses.
(a) The lawful use of a building or structure
existing at the time of the passage of this chapter
may be continued, although such use does not
conform to the provisions of this chapter; and
such use may be extended throughout the build-
ing provided no structural alterations, except those
required by law or ordinance, or ordered by an
authorized officer to ensure the safety of the build-
ing, are made therein. No such use shall be ex-
tended to occupy any land outside such building.
If such nonconforming building is removed or the
. nonconforming use of such building is discontinued
for a continuous period of not less than three
hundred sixty-five (365) days, every future use of
such premises shall be in conformity with the
provisions of this chapter.
(b) The lawful use of the land existing at the
time of the passage of this chapter may be con-
tinued; provided, however, that no such noncon-
forming use may be extended to occupy a greater
area of land than that occupied by such use at the
time of the passage of this chapter. If such non-
c~;Uorming use is discontinued for a continuous
period of not less than three hundred sixty-five
(365) days, any future use of such land shall be in
conformity with the provisions of this chapter.
(c) Whenever a nonconforming use of a build-
ing or land has been discontinued or changed to a
conforming use, such use shall not thereafter be
changed to a nonconforming use.
(Ord. No. 44, 9 44.47.1, 1-8-68; Ord. No. 264, 9 1,
7 -13-82)
Sec. 20-234. Conditional uses.
(a) Multiple-family residential units may be per-
mitted as conditional uses as provided by the board
of adjustment.
(b) Before a conditional use may be granted
within the classification, the board of adjustment
must, after public hearings, find that the use or
uses are consistent with the general zoning and
with the public interest.
(Ord. No. 44., ~ 44.48, 1-8-68; Ord. No. 240, S 8,
5-26-81)
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Sec. 20-235. "Building height regulations.
In C-1 Neighborhood Commercial Districts, the
building height shall not exceed fifty (50) feet.
(Ord. No. 44, S 44.49, 1-8-68) . .
.,.:.:.....,;
Sec. 20-236. Building site area regulations.
In C-1 Neighborhood Commercial Districts, the
building site area regulations are none.
(Ord. No. 44, S 44.50, 1-8-68)
. .. , .
Sec. 20-237. Front, rear and side yarq regu-
lations. .
~ ..'
(a) Front yard. A' front yard or ..setback or" at .
least fifteen (15) feet shall be provided,. except
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1214
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
PLANNING AND ZONING BOARD AGENDA ITEM:
A. NEW BUSINESS
PROPOSED R-3 FLEX-SPACE COMMERCIAL ZONING DISTRICT
REZ-5-97
STAFF REPORT:
REZ-5-97 REZONING
I. BACKGROUND:
APPLICANT:
R. E. OWEN & ASSOCIATES.
100 S.R. 419, SUITE 210
Winter springs, FL 32708
OWNER:
(Same as Applicant - under contract)
REQUEST:
For change of zoning from C-l "Neighborhood Commercial" to a new zoning district: C-3
"Flex-Space Commercial" Zoning District.
PURPOSE:
Applicant states "The City has only 2 classifications: C-1 Retail and C-2 Industrial. This
property does not fit either for use in the area. Small business and/or "Flex space" is better
defining the proper use within the neighborhood."
PROPERTY:
Location: On the east side of Moss Road 1.360 feet north of S.R. 434, and known as
"Excelsior Business Park".
Legal Description: Replat of a portion of lot 12, Block "D" and a Replat of a portion of
Orange Avenue, D.R. Mitchell's Survey of the Levy Grant recorded in Plat Book 1, Page 5
Public Records of Seminole county, Florida in Section 34, Township 20 South, Range 30
East, City of Winter Springs, Florida.
ACREAGE:
3.79 acres
EXISTING LAND USE OF SUBJECT PROPERTY:
Vacant sublots 1,2,3,4,5 with overgrown weeds, except for lots 6 and 7 which has a two-
story office building and parlcing lot.
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
Multi-family housing (14 buildings)
South:
Multi-family housing( 5 buildings) and wet retention pond.
East:
Multi-family housing (Indian Ridge)
West:
Two office buildings on the outparcel; vacant, partially wooded land on the
west side of Moss Road with wet retention pond.
FUTURE LAND USE DESIGNA nON OF SUBJECT PROPERTY:
Existing: Commercial.
Requested: No requested change.
FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
Higher Density Residential (9.1 to 12.0 DU per acre).
South:
Higher Density Residential (9.1 to 12.0 DU per acre).
East:
Higher Density Residential (9.1 to 12.0 DU per acre).
West:
Public Buildings and Moderate Density Residential (3.6 to 6.5 DU per acre).
ZONING OF SUBJECT PROPERTY:
Existing: C-l "Neighborhood Commercial"
Requested: A new zoning district to be established called R-3 "Flex-Space Commercial".
ZONING ADJACENT TO SUBJECT PROPERTY:
North:
R-3 "Multi-Family Dwelling District".
South:
C-l "Neighborhood Commercial".
East:
R-3 "Multi-Family Dwelling District".
West:
R-3 "Multi-Family Dwelling District" and C-l "Neighborhood Commercial".
CHRONOLOGY OF SUBJECT PROPERTY:
The subject property was indicated along with other properties on the east side of Moss Road
as "Commercial Districts" on the Future Land Use Map adopted on September 28, 1982 per
Ordinance # 267. Excelsior Business Park was approved by the City on January 8, 1990.
The subject property was part of the original Village of North Orlando.
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 states The Planning and Zoning Board shall serve. . .to recommend to the City
Commission the boundaries of the various original zoning districts. . .and any amendments
thereto. . .act on measures affecting the present and future movement of traffic, the
segregation of residential and business districts and the convenience and safety of persons and
property in any way dependent on city planning and zoning.
II. REZONING ANALYSIS:
THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED IN
REVIEWING THIS APPLICATION.
A. JUSTIFICATION FOR REZONING REQUEST:
1. Applicant states "The city has only two (2) classifications C-l Retail and C-2
Industrial. This property does not fit either for use in the area.
2. Applicant states "Small business and/or "Flex-Space" is better defining the proper use
within the neighborhood."
B. NUISANCE POTENTIAL OF PROPOSED ZONING DISTRICT TO
SURROUNDING LAND USES:
The applicant's proposed zoning change from C-l "Neighborhood Commercial", which
focuses on commercial retail, to a new district category C-3 "Flex-Space Commercial
District" would allow warehouse operations adjacent to existing multi-family residential. The
nuisance could come about as a result of the all-hours loading and unloading of trucks, the
bright lights, noise, the potential for noxious fumes and chemical fires, attractive nuisance to
children nearby. The subject property (Excelsior Business Park) will not be compatible, and
therefore will present a nuisance to the adjacent multi-family residential. Average vehicle
trip ends is 4.88 per 1,000 square feet of gross floor area for warehousing.
In the development of this property, the Site Plan Review Board, as indicted in Sec. 9-347
City Code, will review for "compliance with all city ordinances, for conformity with the City's
Comprehensive Plan, for compatibility with locally recognized valu~s of community
appearance and design, for conformity with the guidelines on vehicular traffic access, ingress,
egress, internal circulation, parking; concerning emergency vehicle access and concerning
pedestrian movement; for assurances of satisfactory utility service for the health and welfare
of the community; to assure compatibility with other improvements and the need for adequate
light, air, access and privacy; to assure that the natural qualities and characteristics of the land
will be preserved and that the project site will be appropriately landscaped and provisions
established for the maintenance of same; to assure that adequate setbacks will be provided
within the planned project and that provisions are made for the supervision and maintenance
thereof; and to assure that the aesthetic and architectural details of the planned project are
compatible with the surrounding area and serve to enhance the character of that area. The
site plan shall be reviewed by the board and approved, disapproved or properly referred by
such board in accordance with the results of its review. II
c. ECONOMIC DEVELOPMENT:
Development of the uses proposed in the C-3 "Flex-Space Commercial District" on the parcel
will add to the City's tax base, over that of existing vacant land. With the exception of lots
6 and 7 being used for an office building the remaining lots are vacant since the platting of
Excelsior Business Park in 1990.
D. COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN:
The proposed C-3 "Flex-Space Commercial District" would be compatible with the Future
Land Use Map (PLUM) designation of "Commercial ". The Excelsior Business Park platted
subdivision is designated "Commercial" on the FLUM.
E. OTHER CONSIDERATIONS:
1. Spot Zoning
There is the potential for "spot zoning". Only this 3.79 acre property in the City
would have the proposed C-3 "Flex-Space Commercial District" . Norman Williams
in his five-volume study American Land Planning Law [27.01-27.08 (1975)]gives
three (3) criteria for determining spot zoning:
a. The area proposed to be rezoned is small.
b. The owner of the property(s) stands to directly benefit.
c. The proposed rezoning is not compatible with surrounding existing land uses.
The subject property is only 3.79 acres in size. The applicant has a contract on the
subject property. As mentioned above, staff believes that the warehousing
component, especially, is not compatible with the surrounding adjacent existing
residential land use - multi-family.
In the "green bible of planners" aka Principles and Practice of Urban Planning, it
states "Amendments which give special treatment to a favored few are known as 'spot
zoning' and will almost certainly be invalidated by the courts if contested. Although
no precise definition of spot zoning can be given, any amendment not based on
community or neighborhood-wide considerations may fall within this definition, the
danger being particularly great where the amendment affects only one or two
properties. "
Courts have had difficulty in determining spot zoning. Some courts have used the
criterion that spot zoning is any change which departs from the comprehensive plan.
Some courts in discussing it, apply the terms "arbitrary", "capricious", "unreasonable"
and similar adjectives. Other courts use the term (spot zoning) more descriptively,
in the sense that whether the zoning of a "spot" is valid or not will depend on the
circumstances involved. Whatever courts may purport to be doing in spot zoning
cases, much of it comes back to the adjectives previously mentioned: Is the action
taken arbitrary and unreasonable? Did the zoning ordinance or amendment which
singled out the parcel make good sense in the light of the facts involved, as the Iowa
court said in Keller v. City of Council Bluffs.
2. Permitting of Warehousing in City's Current Zoning Ordinance.
Warehousing as a permitted use is presently allowed in the C-2 "General Commercial
and Industrial District" per Sec. 20-252(41) City Code, and in the commercial area
of the Tuscawilla PUD per the court's Settlement Agreement.
III. FINDINGS:
A. ZONING COMPATmILITY:
The applicant's request for a new zoning district designation C-3 "Flex-Space
Commercial District" on the subject property would not be compatible due to the
proposed permitted use of warehousing adjacent to a residential area on three sides.
B. NUISANCE POTENTIAL:
The nuisance comes about as a result of the all-hours loading and unloading of trucks,
the bright lights, noise, the potential for noxious fumes and chemical fires, attractive
nuisance to children nearby.
c. WAREHOUSING AS A CURRENT PERMITTED USE:
Warehousing as a permitted use is presently allowed in various locations in the City
in the C-2 "General Commercial and Industrial District" per Sec.. 20-252(41) City
Code, and in the commercial area of the Tuscawilla PUD per the court's Settlement
Agreement.
D. SPOT ZONING:
There is the potential for "spot zoning". Only this 3.79 acre property in the City
would have the proposed C-3 "Flex-Space Commercial District". Amendments
which give special treatment to a favored few are known as 'spot zoning' and will
almost certainly be invalidated by the courts if contested.
IV. STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Board recommend disapproval to the City
Commission the request by R. E. Owen & Associates for a new C-3 "Flex-Space Commercial
District" based on the findings indicated in III above.
PROPOSED
C-3 FLEX-SPACE COMMERCIAL DISTRICT
Sec. 20-254 In general.
The C-3 Flex-Space Commercial and Industrial District is to be used by office and warehouse
operations. The purpose of this district is to permit office and warehouse operations confined
within structures that are compatible with surrounding residential neighborhoods.
Sec. 20-255 Uses permitted.
Within the C-3 Flex-Space District, no building, structure, land or water shall be used except for
one (1) or more of the f<?llowing uses:
(1) Mini-warehouses
(2) Small warehousing under 10,000 sq. ft.
(3) Office space
(4) wholesaling
Sec. 20-256 Non-conforming uses.
(a) The lawful use ofa building or structure existing at the time of the passage.ofthis chapter
may be continued, (ilthough such use does not conform to the provisions of this chapter; and such
. use may be extended throughout the building provided no structural alterations, except those
required by law or ordinance, or ordered by an authorized officer to en~ure the safety of the
building are made therein. No such use shall be extended to occupy any land outside such
building. If such nonconforming building is removed or the nonconforming use of such of such
building is discontinued for a continuous period of not less than three hundred sixty-five (365)
days, every future use of such premises shall be in conformity with the provisions of this chapter.
(b) The lawful use of the land existing at the time of the passage of this chapter may be
continued; provided, however, that no such nonconforming use may be extended to occupy a
greater area ofland than that occupied by such use at the time of the passage of this chapter. If
such nonconforming use is discontinued for continuous period of not less than three hundred
sixty-five (365) days, any future use of such land shall be in conformity with the provisions of this
chapter.
(c) Whenever nonconforming use of building or land has been discontinued or changed to
conforming use, such use shall not thereafter be changed to nonconforming use.
Sec. 20-257 Conditional uses.
None.
Sec. 20-258 Building height regulations.
In the C-3 Flex-Space Commercial District, the building height shall not exceed thirty-five (35)
feet.
Sec. 20-259 Building site area regulations.
In the C-3 Flex-Space Commercial District, the building site area regulations are none.
Sec. 20-260 Front, rear and side yard regulations.
(a) Front Yard. front yard or setback of at least twenty-five (25) feet shall be provided.
(b) Side Yard. side yard or setback of at least five (5) feet shall be provided.
( c) Rear Yard. rear yard or setback of at least ten (10) feet shall be provided.
Sec. 20-262 OfT-street parking regulations.
One (1) parking space for every 300 square feet.
." ...'
.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
APPLICATION FOR REZONING
APPLICANT:
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Last
ADDRESS:
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City
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state
PHONE:
If applicant does not own the property, 'provide the following:
OWNER:
Last
First
Middle
ADDRESS:
City
state
Zip Code
PHONE:
This is a request for change of zoning designation from II
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to ;Ut:uJ G(#Jh 'f 1c.J WA./ -- on ~he proper':!;y /
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Fu.:ture Land Use .Map Classifi~ation . Co Iv-ilLi/i_C /itJ-~ . 7
Tax Parcel" Number: Jy-;2eJ - Jo -J7 J --OOOtJ - cJCJ;{O
Size of Parcel: I~f/x /.Jf2.../1r~J.cJ, 11Lsq. ft /acres.
.
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described 'below.
Address of
Property proposed for cha?re of Zoning
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city state
Designation:
ADDRESS:
3;2..lcJr
Zip Code
Reason(s) and justification(s) for request of change to present
zoning designation.
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TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION:
* A copy of the most recent survey of the subj ect property.
* A copy of the legal description.
* Notarized authorization of the owner (if applicant is
other than owner or attorney for owner).
* Rezoning Application Fee, which includes:
* $ 300 plus $ 25 per acre or portion of acre to
be rezoned, plus .
* Actual cost of public hearing notice printed
in newspaper, plus
* $ 1.00 for each notification letter to
abutting. property owner.
****************************************************************
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY
Sworn to and subscribed before me
th~GtiLday of a{YU-1f
19 .
subject
SIG
~erSOnallY Known
_Produced Identification jtype of I. D.
i:t~~~.~;~ MY COMMISSION' CC 386482
~: {~i EXPIRES: June 23. 1998
-.1,~ R' lX- ,,". Bonded Thru Nol8lY Pullllc UndeIWl1tera
'lfU_'
"
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,~. Did take an oath
----Did not take an oath
***************************************************************
FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY
SIGNATURE OF APPLICANT/REPRESENTATIVE OF OWNER
Sworn to and subscribed before me
this____day of
NOTARY PUBLIC
My Commission expires:
\ Personally Known
----Produced Identification /type of I. D.
----Did take an oath
----Did not take an oath
REZONINGS ARE SUBJECT TO THE APPROVAL OF THE CITY COMMISSION. THE
REZONING IS NOT EFFECTIVE UNTIL THE NOTICE AND VOTE REQUIREMENTS OF
166.041 FLORIDA STATUTES HAVE BEEN ACHIEVED.
APPLICANTS ARE ADVISED, THAT IF THEY DECIDE TO APPEAL ANY DECISIONS
MADE AT THE MEETINGS OR HEARINGS, WITH RESPECT TO ANY MATTER
CONSIDERED AT THE MEETING OR HEARING, THEY WILL NEED A RECORD OF
THE PROCEEDINGS AND, FOR SUCH PURPOSES~ THEY'WILL NEED TO INSURE
THAT A VERBATIM RECORD OF THE. PROCEEDINGS IS MADE, AT THEIR COST,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED, PER 286.0105, FLORIDA STATUTES.
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WR 2 2 1991
April 17, 1997
..',L
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.---
Mr. Thomas Grimm
City of Winter Springs, Fl.
Planning & Zoning Dept.
Dear Mr. Grimm:
The undersigned property o~uers of Excelsior Busine33 Park, Winter Spritigs,
Florida, hereby request that the zoning of the Park be changed from C-l to the
new zoning Classif~a~io~of Ch~;~~'fu9 % L b. ~
Lot 1 V f
Lot 2 fL ~~~i; 4~.f i?~
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f~i\,~~iJ
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Lot 3
Lot 4
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Lot 5
Lot 6
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Lot 7 <<~ ~--
Lot 8
Thank you.
Yours very truly,
ROGER E. OWEN
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ORDINANCE NO. 662
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CREA TING A NEW ZONING DISTRICT "C-3 FLEX-
SPACE COMMERCIAL" IN CHAPTER 20 OF THE
CODE OF ORDINANCES OF THE CITY OF WINTER
SPRINGS PURSUANT TO 166.041 FLORIDA
STATUTES; SEVERABILITY; CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the city of Winter Springs, Florida
had determined it to be in the best interests of the health, safety and welfare of the
citizens of Winter Springs, Florida to create a new zoning district C-3 "Flex-Space
Commercial" as follows:
C-3 FLEX-SPACE COMMERCIAL DISTRICT
Sec. 20-254 In general.
The C-3 Flex-Space Commercial and Industrial District is to be used primarily for
office and warehouse operations. The purpose of this district is to permit office
and warehouse operations confined within structures and under such conditions of
operation as will protect abutting residential and commercial uses and abide by the
that are compatible with surrounding residential neighborhoods.
Sec. 20-255 Uses permitted.
Within the C-3 Flex-Space District, no building, structure, land or water shall be
used except for one (1) or more of the following uses:
(1) Mini-warehouses
(2) Small warehousing under 10,000 sq. ft.
(3) Office space
(4) wholesaling
Sec. 20-256 Non-conforming uses.
(a) The lawful use of a building or structure existing at the time of the passage of
this chapter may be continued, although such use does not conform to the
provisions of this chapter; and such use may be extended throughout the building
provided no structural alterations, except those required by law or ordinance, or
ordered by an authorized officer to ensure the safety of the building are made
therein. No such use shall be extended to occupy any land outside such building.
If such nonconforming building is removed or the nonconforming use of such of
such building is discontinued for a continuous period of not less than three hundred
sixty-five (365) days, every future use of such premises shall be in conformity with
the provisions of this chapter.
(b) The lawful use of the land existing at the time of the passage of this chapter
may be continued; provided, however, that no such nonconforming use may be
extended to occupy a greater area of land than that occupied by such use at the
time of the passage of this chapter. If such nonconforming use is discontinued for
continuous period of not less than three hundred sixty-five (365) days, any future
use of such land shall be in conformity with the provisions of this chapter.
~ Whenever nonconforming use of building or land has been discontinued or
changed to conforming use, such use shall not thereafter be changed to
nonconforming use.
Sec. 20-257 Conditional uses.
None.
Sec. 20-258 Building height regulations.
In the C-3 Flex-Space Commercial District, the building height shall not exceed
thirty-five (35) feet.
Sec. 20-259 Building site area regulations.
In the C-3 Flex-Space Commercial District, the building site area regulations are
none.
Sec. 20-260 Front, rear and side yard regulations.
(a) Front Yard. front yard or setback of at least twenty-five (25) feet shall be
provided.
(b) Side Yard. side yard or setback of at least five (5) feet shall be provided.
<<::> Rear Yard. rear yard or setback of at least ten (10) feet shall be provided.
Sec. 20-262 Off-street parking regulations.
One (1) parking space for every 300 square feet.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs, hereby creates the zoning
district C-3 "Flex-Space Commercial".
SECTION II - That the city Commission of the City of Winter Springs had
determined that a zoning district of C-3 "Flex-Space Commercial" is needed to
prevent incompatibility of the permitted uses in the C-2 "General Commercial and
Industrial" District with warehousing, and with the passage of this Ordinance the
City Commission does hereby amend Chapter 20 of the Code of Ordinances of the
city of Winter springs, Florida to include a C-3 "Flex-Space commercial" zoning
district.
SECTION III - If any section or portion of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the
validity, force or effect of any other section or portion of a section or subsection or
part of this Ordinance.
SECTION IV - That all Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
SECTION V - This Ordinance shall take effect immediately upon adoption
PASSED AND ADOPTED this
day of
1997.
CITY OF WINTER SPRINGS
PAULP. PARTYKA, MAYOR
ATTEST:
MARGO HOPKINS, CITY CLERK
FIRST READING:
POSTED:
SECOND AND PUBLIC HEARING: