HomeMy WebLinkAbout1997 06 23 Regular Item B.1
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COMMISSION AGENDA
ITEM
B-1
REGULAR X
CONSENT
INFORMATIONAL
June 23, 1997
Meeting
MGR~~~
Authorization
REQUEST: Community Development Department requests the City Commission to hold a
public hearing to consider approving the first reading for adoption of Ordinance
No. 664, to designate a new zoning district "C-3 Flex-Space Comercial" on a 3.79
ere parcel located on the east side of Moss Road 1,360 feet north of S.R. 434, and
known as Excelsior Business Park.
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. 664 to designate a
new zoning district "C-3 Flex-Space Commercial" to allow warehousing, 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
AGENDAITEM B-1
Page 2
CONSIDERA TIONS:
1. Applicant requests that 3.79 acres (or .042%) of the approximately 8,960 acres in
the City be designated a new zoning district "C-3 Flex Space Commercial".
2. The subject property is surrounded by residential (multi-family) on three sides.
3. The applicant states in writing that he is the owner in fee simple of of the subject
property.
4. The Future Land Use Map designation of Excelsior Business Park is
"Commercial" and the zoning designation is C-l "Neighborhood Commercial".
5. The C-2 General Commercial and Industrial District allows warehousing. 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.
FINDINGS:
1. SPOT ZONING:
a. The applicant is the owner of the 3.79 acre property.
b. The proposed new zoning district would cover .042% of the approximately
8,960 acres in the City.
c. The applicant's proposes to allow/build warehousing on the subject
property (Excelsior Business Park), which is surrounded by residential
(multi-family) on three sides.
Therefore, this is a case of spot zoning.
JUNE 23, 1997
AGENDA ITEM B-1
Page 3
2. NUISANCE POTENTIAL:
Nuisance resulting from warehousing are all-hours loading and unloading of
trucks, the bright lights, noise, the potential for noxious fumes and chemical spills
and fires, and as an attractive nuisance for children from the multi-family
residential on three sides of the subject property.
3. 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.
4. ZONING COMPATIBILITY:
The applicant's request for a new zoning district designation of C-3 "Flex-Space
Commercial" on the subject property would not be compatible due to the proposed
permitted use of warehousing adjacent to a residential area on three sides.
PLANNING AND ZONING BOARD RECOMMENDATION TO THE CITY
COMMISSION:
MOTION:
VOTE:
NOTE:
Moved that, assuming the City would approve a new zoning classification, that this
specific site be given that zoning classification.
3 ayes, 0 nays
Mr. Grimms asked for clarification on the this motion. Mr. Fernandez stated
"Affirmative, with certain findings that we made and maybe we can summarize
here and Mr. Brown can help me and Mr Lein can help me. That the nuisance
potential be regulated by Developer Agreement, that appropriate landscape
buffering, walling and other insulation from the multi-family usage be considered
when the development plan's final engineering come in, and that again as it relates
to the spot zoning, that it be considered citywide as opposed to this one specific
site. So that those specific findings are made, the smaller we get the more findings
we got to have." And you got to put that in there. Mr. Grimms stated "Based on
your motion passed on findings articulated." Mr. Brown stated "Yes"
JUNE 23, 1997
AGENDA ITEM B-1
Page 4
RECOMMENDA TION:
Staff recommends disapproval of the first reading of Ordinance No. 664 to change the
zoning designation from C-l "Neighborhood Commercial District" to a new zoning
district C-3 "Flex-Space Commercial" on a 3.79 acre parcel based on the findings below:
1. SPOT ZONING:
a. The applicant is the owner of the 3.79 acre property.
b. The proposed new zoning district would cover .042% of the approximately
8,960 acres in the City.
c. The applicant's proposes to allow/build warehousing on the subject
property (Excelsior Business Park), which is surrounded by residential
(multi-family) on three sides.
Therefore, this is a case of spot zoning.
2. NUISANCE POTENTIAL:
Nuisance resulting from warehousing are all-hours loading and unloading of
trucks, the bright lights, noise, the potential for noxious fumes and chemical spills
and fires, and as an attractive nuisance for children from the multi-family
residential on three sides of the subject property.
3. 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.
4. ZONING COMPATIBILITY:
The applicant's request for a new zoning district designation of C-3 "Flex-Space
Commercial" on the subject property would not be compatible due to the proposed
permitted use of warehousing adjacent to a residential area on three sides.
JUNE 23, 1997
AGENDA ITEM B-1
Page 5
IMPLEMENTA TION SCHEDULE:
The City Commission would hold a second reading on July 14, 1997 and adopt, not adopt,
or delay consideration of Ordinance 664 to change the Zoning Map designation of the
applicant's 3.79 acre property from C-l "Neighborhood Commercial" to a newly created
C-3 "Flex-Space Commercial" zoning district on the City's Zoning Map. The ordinance
to change the City's Official Zoning Map would take effect immediately upon adoption.
ATTACHMENTS:
1. Aerial Photo and Parcel Boundary Map.
2. Staff Report to P & Z Board.
4. Ordinance No. 664
COMMISSION ACTION:
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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:
F or 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-l 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 parking 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 DESIGNATION 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 ST AFF ANALYZED IN
REVIEWING TIllS APPLICA nON.
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 lIcompliance 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 oflots
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. ZONINGCOMPATIDILITY:
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 REC0111v1ENDATION:
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 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 .ofthis 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 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 t~ee 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 uSlshall 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-stre.et 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
U0th,J 11- Ii.fItiC lit lIE' J
First Middle
ADDRESS:
/ocJ 51!- 1/;9
(~/mfA_ ~rJ'L/AJ6f
City
44 7 - J';' 7 - t (. de)
,-_fV //k ;lId
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State
, lr.2 Joo
Zip Code
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
to ).}t'& ~Jli :t~;;: - :~hf/~per9 /
tr:/ /J / ~ /Iv/v
Fu.~ure Land Use Map Classification . (:O/1;JW/lf /J}-L . 7
Tax Parcel' Number: .30-.10 -J() -J7 J ---OOOU' -00;(0
Size of Parcel: I~f/x /.if:Lllr~}.CJ. 71Lsq. ft /acres.
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Address of Property proposed for cha?re of Zoning Designation:
ADDRESS: . r::-x c ~t.. .J /otf.. f/.AlLk_WA Y:
/J/A.f1~c51/Z;;()() PI-, '
City state
C-j
described'below.
3;2.7cJt!'
Zip Code
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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
SIG
am the owner in fee simple of subject
APL for. Rezoning..
Sworn to and subscribed before me
th~qmday of (J.pru.~
19 .
~erSOnallY Known
_Produced Identification /type of I. D.
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f:'f~~'~:~ MY COMMISSION' CC ~
~~ :~: EXPIRES: June 23. 1998
~.~~ <>0 '" :~.: BondlId Thill t!olaly PublIc UndIl/Wl1l8ll
'Iii..",
~,
".
.~. 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 I 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 INCLUQES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED, PER 286.0105, FLORIDA STATUTES.
April 17, 1997
,',L
-.J'
----
Mr. Thomas Grimm
City of Winter Springs, Fl.
Planning & Zoning Dept.
Dear Mr. Grimm:
7hc undersigned property O~TIers of Zxcelsior Busi~e3~ Park, Wi~tcr Spriugs,
Florida, hereby request that the zoning of the Park be changed from C-l to the
new zoning classif~a~io~of C-h~;~brn9 ~(o L b. ~
Lot 1 V f
Lot 2fE ~~~i; 4~.f i?~
~~ ~ f~~~p
f~i\.-~~P
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Lot 3
Lot 4
tb 4 N
Na.-+'t:J7''''( ~((... :::r;;v"'l ~V~
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Lot 5
Lot 6
J.J &1/-1-101'1'" ( L.o.. .., -::I'77 V ~ h y I L t'
Lot 7 ~~ ~~
Lot 8
Thank you.
Yours very truly,
ROGER E. OWEN
ORDINANCE NO. 664
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE ZONING OF A CERTAIN PROPERTY
KNOWN AS THE EXCELSIOR BUSINESS PARK AND
MORE PARTICULARLY DESCRIBED BELOW FROM
C-l "NEIGHBORHOOD COMMERCIAL" TO A NEW
ZONING DISTRICT "C-3 FLEX-SPACE
COMMERCIAL" ON THE CITY'S OFFICIAL ZONING
MAP PURSUANT TO 166.041 FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY; CONFLICTS AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida
has determined it to be in the best interests of the health, safety and welfare of the
citizens of Winter Springs, Florida, to change the zoning designation from its
present designation ofC-l "Neighborhood Commercial" to C-3 "Flex-Space
Commercial" on the following real property situate in Winter Springs, Florida:
Replat of a portion of Lot 12, Block "D", and a
replat ofa portion of Orange Avenue, Dr. 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 and being more
particularly described as follows:
Begin at the most westerly corner of Lot 14, Doug's
Unit No.1, recorded in Plat Book 31, Page 53
Public Records of Seminole county, Florida, said
corner lies on the easterly right-of-way of Moss
Road, thence S 62 57' 46" E, 519.00 feet along the
southerly line of Lots 8 through 14 of said Doug's
Unit NO.1 to the most southerly corner of said Lot
8, said corner lies on the westerly line of the area
designated as "Park" in said Doug's Unit No.1;
thence along the westerly line of said "Park" run S
2702' 14" W, 300.00 feet; thence S 62 57' 46" E,
72.00 feet; thence S 27 02' 14" W, 269.04 feet;
thence N 7206' 34" W, 151.77 feet along said
"Park"; thence leaving the westerly line of said
"Park" continue N 7206' 34" W, 242.69 feet; thence
N 2702' 14" E, 168.76 feet; thence N 6257' 46" W,
200.00 feet to the easterly right-of-way line of said
Moss Road; thence N 25 07' 12" E, 17.14 feet along
said easterly right-of-way; thence N 2643'02" E,
175.86 feet along said easterly right-of-way to the
point of beginning. Containing 165,297 square feet
= 3.7947 acres.
WHEREAS, The City of Winter Springs, Florida has determined that the
change of zoning designation of the above described property will be consistent
with the Future Land Use Map and such change from C-l "Neighborhood
Commercial" to C-3 "Flex-Space Commercial" as described in Ordinance 662 is
compatible with the multi-family residential found adjacent to the north, south and
east of the above described property.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs, hereby changes the zoning
designation of C-l "Neighborhood Commercial" to C-3 "Flex-Space Commercial"
on the above described property.
SECTION II - That the City Commission of the City of Winter Springs has
determined that a zoning designation ofC-3 "Flex-Space Commercial" would be
compatible with the surrounding residential properties to the north, south and east
of the subject property and with the City's Comprehensive Plan, and with the
passage of this Ordinance the City Commission does hereby amend the Official
Zoning Map of the City of Winter Springs, Florida, to include the above described
property within the zoning designation of C-3 "Flex-Space Commercial".
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: