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HomeMy WebLinkAbout1997 06 04 Regular Item A CITY OF WINTER SPRINGS, F~RIDA 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-S-97 STAFF REPORT: REZ-S-97 REZONING 1. 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-1 "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 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-1 "Neighborhood Commercial" Reauested: 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-1 "Neighborhood Commercial". East: R-3 "Multi-Family Dwelling District". West: R-3 "Multi-Family Dwelling District" and C-1 "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-1 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-1 "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 values 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. " 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 (FLUM) designation of "Commercial". The Excelsior Business Park platted subdivision is designated "Commercial" on the FLUM. E. OTHER CONSIDERATIONS: 1. S pot 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 (l975)]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 pennitted 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. m. 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 PERMIlTED 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. SI AFF RECOMMENDA IrON: Staff recommends that the Planning and Zoning Board recommend disaooroval 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 ofa 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 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 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 Off-street parking regulations. One (1) parking space for every 300 square feet. " CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STArE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 APPLICATION FOR REZONING APPLICANT: 2,~ Last aEv-/ If- /) Sfc>c I It / c:; J First Middle ADDRESS: /ocJ 5/2 1//9 (Ai/mfd_ ~)/?L)))6f City /jd 7 - ...1-27 -t(., de) -;;; "J \ . '//.c;:- of/ - I-l... state . lrJ ?cJO 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 J' . \ ''fir. J.j'tz-eV C - I to ;Ut!uJ ~Jl', 'f /C.J tV'-V - on ~he' proper, I described below. tcJ/J /~I0YC/ Future Land Use Map Classification . f:OffiJ.1.LIFI_C /;4)-/"'" . 7 Tax Parcel' Number: ....Jtj--;20 - Jo -J7 J ~Omt7 - 00,;z0 Size of Parcel: F/j/x /.Jj2..qr~J.CJ. 71Lsq. ft facres. Address of Property proposed for cha~e of Zoning . 5=x C EE=t.. .J /otC. 'f:4llk:JJ.l11 y: /J/mu--c51 /2;J.X) ~/--., ' City State Designation: ADDRESS: 3;J.-7cJr Zip Code "' Reason(s) and justification(s) for request of change to present zoning designation. (;-j 3cJ&J liAs C)()Lf/ d CJ.../Iu/I'c/C.4r I.I~ ;; C~2- JJJoV/<7,g/AL, -7MJ ;/J.fj}fLf'f'j )Jt!/7/ F/ 7 c~> T/th4L Ho?'f- J/uf / AJ 77Y t:: ~A -i' csrt. 6//1IfLL. iJW/,u6:Jf ~4 rt6"Y J~YICZ: ~)J 8?JTk/L .))EP );V/>> -& ----;'/Yc(.f!i;;i' C:/2.. t/JE., !v///!/d /?)6' AJ0b'//ifu.L- .M db? . -:-7 Air ___ C / 7/1 R~771IL 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 subject OF OWNER Sworn to and subscribed before me thwtiLday of (J,fl/(j ~ 19 . ~ersOnallY Known _Produced Identification jtype of LD. i:t~""\'~\ MY COMMISSION' CC 386482 ;'" ii; EJ(PIRES: June 23. 1998 -:',1. '.Rf,,;;;" ,,~ BoncBd Thru Notary P\dc l..lndI!JtWI1tBrI ;'," Did take an oath ----Did not take an oath *************************************************************** FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY SIGNATURE OF APPLICANTIREPRESENTATIVE OF OWNER Sworn to and subscribed before me this____day of NOTARY PUBLIC My Commission expires: , Personally Known ----Produced Identification jtype of LD. ----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. April 17, 1997 ) I. ~-~ Mr. Thomas Grimm City of Winter Springs, Fl. Planning & Zoning Dept. Dear Mr. Grimm: 7he undersiqued property O~TIer3 of 2xcelsior Busi~e3~ Park, Winter S~riug5, Florida, hereby request that the zoning of the Park be changed from C-1 to the new zoning ClaSSif~a~io~of C-h~~~~m9 0(0 L b. ~ Lot 1 V f Lot zf2L ~~~i; tr~ ~ V~ ~ ~ N fi\il:1N~ ~p f;o.^-~~~ ::r;; "... I Jov' L ,0 Lot 3 Lot 4 rb~N ;iJ a .j...,.,.~ ( C-~, ~~ ~ Lot 5 Lot 6 J ".fro". ( /..cJ.,... I7J V~ hy, Lt" Lot 7 ~~ ~_ Lot 8 Thank you. Yours very truly, ROGER E. OWEN " ~~~~~51~~)\~~~'::':>'~ ............... &~ ~o '''''''''''''eo .......~.....c: <::..:.:: .........~~ -, ~ ,'-'. ~ .," . u '. .~' ..... . . . . ,c:,,:~.,'. ~ -~ft'15; .+};;'0:,c I:: 'J -0/" / ,;~. ~::': ~~. I -~~ . I{t, ~-T :%t. :::':'.- .'':'F ,-'-'.. <.. .~'-'?'. . <';".t.'... I.~ ...,:'>../...... ~~ S' '" MO'<lSovr~' 'D18a~oe.' t>'..nT~"y' ~"Q"a"'ac ~.,.' S 6"...o~ -,. ':?CO'l'6", ',-:', - :"~ v '~:' ~ '.' ........ ", .'?... . ....;~....:.:.). AS'- '~. ;., .~. . -)1f~~~L~~ r i~~f~;fgt~~::;.~-~.. :'~:~~~i~~""-:'-:: . .-::- ,',,;:+,;'5-,". '.:'~~~'~-~ . cF;.;;1\L",;i- . ;. ~8 t-'.$lJ4l.-~~ ,,' ,PG'.5 .o~. ~ ,;; a ~. ,;; &::? I ~!f I l~~ q;~ I i L~ ~ II :; {) S ! / "-.-' ~\NTE:", ~/---._--=-,\~ 5(.... ''-'2;\ )m r~""""''''jI)1 " 1~5Q'~ '~ ."'<'ORIOP' " CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708.2799 Telephone (407) 327.1800 AGENDA PLANNING AND ZONING BOARD/LPA REGULAR MEETING WEDNESDAY -JUNE 4, 1997 - 7:00 P.M. Municipal Building - Commission Chambers 1126 East State Road 434 Winter SprinG's. Florida 32708 I. CAll TO ORDER Pledge of Allegiance RollCall Approval of the April 2, 1997 Planning and Zoning Board/I.PA Regular Meeting Minutes II. REGULAR AGENDA A) Proposed R-3 Flex-Space Commercial Zoning District (REZ-5-97) III. FUTURE AGENDA ITEMS IV. ADJOURNMENT Persons with disabilities needing assistcmce to participate in any of these proceedings should contact the Employee Relations Department. ADA Coordinator 48 hours in advance of Ihe meeling at (407) 327-1800. Persons are advised that if they decide to appeal any decisions made at these meetings/hearings they will need a record of the proceedings and for such purpose. they may need to insure that a verbatim record of the proceedings is made which record. includes the teslimony and evidence upon which the appeal is to be based per Seclion 286.0105 F10rida Slatutes.