HomeMy WebLinkAbout2005 03 01 Public Hearings 400 Ordinance 2005-09 Revises the R-3 Multi Family Zoning District's Permitted and Conditional UsesPLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 400
Consent
Informational
Public Hearing X
Regular
March 1, 2005 MGR. /DEPT
Meeting Authorization
REQUEST:
The Community Development Department -Planning Division requests the Planning & Zoning
Board /Local Planning Agency hold a Public Hearing related to Ordinance 2005-09 which
revises the "R-3 Multi-family" zoning district's permitted and conditional uses.
PURPOSE: To update the language in the zoning district, redefining the type of offices that can
be developed in the district and allowing for mixed use as a conditional use under the principles
of the Town Center.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act.
Section 166.041(3)(c), Florida Statutes.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Section 20-57. 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.
CHRONOLOGY:
Nov. 29, 1971- R-3 Multi-family Zoning District was implemented. The list of uses and conditional
uses has not been amended since that time.
March 26, 2001- City Commission adopted under the emergency provisions of the Florida Statutes,
Ordinance 2001-24, a Large Scale Comprehensive Plan amendment changing the Future Land Use
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March 1, 2005
PUBLIC HEARING AGENDA ITEM 400
of properties along Moss Road (including Excelsior Parkway) from Commercial to Medium Density
Resdential.
March 26, 2001- City Commission adopted Ordinance 2001-25 Rezoning properties along Moss
Road (including Excelsior Parkway) from "C-1 Neighborhood Commercial" to "R-3 Multi-Famil}~'.
Feb. 19, 2005- Public Noticing in Orlando Sentinel of LPA Public Hearing
March 1, 2005-LPA to hear the request and make recommendation to the Commission
CONSIDERATIONS:
^ Within the "R-3 Multi-family Dwelling" zoning district there are three (3) office buildings
along Excelsior Parkway. These offices were constructed from 1987 to 1991 and vary in size
from 7442 SF to 8500 SF. The buildings are two-story masonry structures which were
constructed under the previous zoning of "C-1 Neighborhood Commercial" and currently
house the following businesses: S&ME, ABS Systems, Bentz Dental Lab, American Civil
Engineering, Aerial Underground Telecom, RPM One, Inc., Exit Real Estate, March
Electronics, Genesis Research, Gilger Design Group, Hile Controls, Precise Cargo, and
Capitol Broadband.
^ The five (5) other lots along Excelsior Parkway remain undeveloped.
^ In 2001 this street, along with the immediate surrounding area was rezoned to "R-3 Multi-
family Dwelling" Residential as part of the Moss Cove Redevelopment.
^ "R-3 Multi-family" allows office space as a permitted use, however specifically limits it to
professional office space consisting of architects, engineers, attorneys, accountants, medical
doctors, dentists and tax consultants. This language was drafted in 1971.
^ Mr. Donald Bailey of Atlantic Development Corporation who is interested in developing
some, if not all, of the remaining vacant parcels approached the City with his concerns over
the language included in the Code, which limits the type of tenants that can occupy the space.
^ Staff reviewed the intent of the zoning district as described in Section 20-206, to
determine if a change would be compatible with the intent of the district.
FINDINGS:
^ The request is in conformance with the purpose and intent of the "R-3 Multi-family
Dwelling" zoning district.
^ The addition of Multi-use as a Conditional Use is in conformance with the City's
Comprehensive Plan, specifically:
o The request encourages the development/redevelopment of housing that will integrate
diverse choices of housing in the area. (See Housing Element- Policy 1.1.4)
o The request will encourage private sector participation in meeting housing needs. (See
Housing Element- Policy 1.1.3)
o Multi-use projects increase the variety of housing options available. (See Housing
Element- Policy 1.3.7)
o Multi-use projects have been shown to be an instrument of CPTED (Crime
Prevention Through Environmental Design) to reduce crime and develop community.
(See Housing Element- Policy 1.1.8)
o Objective 2.4 of the Comprehensive Plan promotes alternative development standards
March 1, 2005
PUBLIC HEARING AGENDA ITEM 400
to promote infill development. (See Housing Element- Objective 2.4)
^ The proposed amendment has a positive impact on the redevelopment of adjacent
properties and the future improvement of adjacent vacant properties.
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Board/LPA hold a Public Hearing related to
Ordinance 2005-09, and make recommendation of Approval to the City Commission regarding
amending the language in the "R-3" zoning district.
IMPLEMENTATION SCHEDULE:
March 3, 2005- Public Noticing in Orlando Sentinel for lst Reading (7 days prior)
March 14, 2005- 1st Reading of Ordinance 2005-09
March 17, 2005- Public Noticing in Orlando Sentinel for 2°d Reading (5 days prior)
March 28, 2005- 2nd Reading /Adoption of Ordinance 2005-09
ATTACHMENTS:
A. Existing "R-3 Multi-family Dwelling" Zoning District (for reference)
B. Ordinance 2005-09
PLANNING & ZONING BOARD/LPA RECOMMENDATION:
March 1, 2005
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A
R-3 MULTIPLE-FAMILY DWELLING DISTRICTS (for Reference only)
Sec. 20-206. Designation.
The lands included within the R-3 Multiple-Family Dwelling Districts shall be developed predominantly as
apartments, townhouses, patio homes or other multiple-family dwelling structures.
(Ord. No. 44, § 44.45.1, 1-8-68; Ord. No. 68, §X,11-29-71)
Sec. 20-207. Uses permitted.
Within any R-3 Multiple-Family Dwelling District, no building, structure, land or water shall be used except
for the following uses:
(1) Any uses permitted in R-lAAA, R-lAA, R-lA, or R-1. (For reference these include: single family
dwellings and their customary accessory uses; and home occupations)
(2) Apartments, townhouses, patio homes or other multiple-family dwelling structures.
(3) Boarding and/or lodging homes.
(4) Guest and tourist homes.
(5) Professional offices, consisting of the following: Architects, engineers, attorneys, accountants, medical
doctors, dentists, and tax consultants.
Sec. 20-208. Conditional uses.
(a) Conditional uses within R-3 Multiple-Family Dwelling Districts are the same as for R-lAAA, R-lAA, R-
lAand R-1 Single-Family Dwelling Districts. (For reference these include: churches with their attendant
educational buildings and recreational facilities; public utility and service structures; schools; public recreation
areas and facilities; and stadiums, independently or in conjunction with existing school facilities, provided the
seating capacity shall not exceed the student enrollment of the school to be served plus ten (10) percent, and
provided there shall be no lights or night use.)
(Ord. No. 44, § 44.45.3, 1-8-68; Ord. No. 68, § XII, 11-29-71; Ord. No. 240, § 7, 5-26-81; Ord. 2004-49, 12-13-
04)
Sec. 20-209. Building height regulations.
In R-3 Multiple-Family Dwelling Districts, building heights shall not be higher than forty-five (45) feet.
(Ord. No. 44, § 44.45.4, 1-8-68; Ord. No. 68, § XIII,11-29-71)
Sec. 20-210. Building area regulations.
The multiple-family dwelling structures included within the R-3 zoning classification shall not consist of more
than sixteen (16) units per acre.
(Ord. No. 44, § 44.45.5, 1-8-68; Ord. No. 68, § XIV,11-29-71)
Sec. 20-211. Front, rear and side yard regulations.
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 regulation shall control when the building is located on more than
one (1) street.
(Ord. No. 44, § 44.45.6, 1-8-68; Ord. No. 68, § 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, § 44.45.7, 1-8-68; Ord. No. 68, § XVI, 11-29-71)
Sec. 20-213. Off-street parking regulations.
All parking within the R-3 Multiple-Family Dwelling District shall be provided in an off-street parking lot,
which shall accommodate at least two (2) parking spaces for each unit located within the multiple-family
dwelling structure.
(Ord. No. 44, § 44.45.8, 1-8-68; Ord. No. 68, § XVII,11-29-71)
Secs. 20-214--20-230. Reserved.
March 1, 2005
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B
Ordinance 2005-09
ORDINANCE NO. 2005-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES;
AMENDING THE PERMITTED AND CONDITIONAL USES
FOR THE R-3 MULTIPLE-FAMILY DWELLING ZONING
DISTRICT; PROVIDING FOR CONFORMING
DEFINITIONS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SE VERABILITY, 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, the R-3Multiple-Family Dwelling zoning district currently allows office space
as a permitted use, but specifically limits the office use to "professional" office space; and
WHEREAS, the City Commission believes that amending the permitted and conditional uses
of the R-3 Multiple-Family Dwelling zoning district would be compatible with the intent of the
district; and
WHEREAS, such amendments would encourage the development and redevelopment of
housing that will integrate diverse choices of housing in the area; and
WHEREAS, the City's Comprehensive Plan promotes alternative development standards
to promote infill development; and
WHEREAS, the amendments would have a positive impact on the redevelopment of
adjacent properties and the future improvement of adjacent vacant properties; and
WHEREAS, the Planning and Zoning Board, in its capacity as the City's Land Planning
Agency, reviewed this ordinance for consistency with the City's Comprehensive Plan at its March
1, 2005 meeting and recommended approval of same to the City Commission; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby fords this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
City of Winter Springs
Ordinance No. 2005-09
Page 1 of 5
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning,
is hereby amended as follows: (underlined type indicates additions and striiceattt type indicates
deletions, while asterisks (***) indicate a deletion from this 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 I. IN GENERAL
Sec. 20-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
***
Fleet. A group of vehicles contained in one area for the purpose of dispatch for service or
other work related to the entity; however, governmental vehicles are exempted. Governmental
vehicles include police, fire, rescue, and other fovernmental vehicles which serve a vital public
safety, health, or welfare purpose as determined by the city.
***
Professional offices. Professional offices shall include those vocations in which professed
attainments in special knowledge are practiced, as distinguished from mere skills, and shall be
limited to those professions so classified by the laws of the state or determined by decisions of the
state supreme court, and which are conducted as professions and not as a trade or other business;
. Professional offices do not include offices
for the treatment of animals on the premises.
***
City of Winter Springs
Ordinance No. 2005-09
Page 2 of 5
ARTICLE III. ESTABLISHMENT OF DISTRICTS
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DIVISION 6. R-3 MULTIPLE FAMILY DWELLING DISTRICT
***
Sec. 20-207. Uses permitted.
Within any R-3 Multiple-Family Dwelling District, no building, structure, land or water shall
be used except for the following uses:
(1) Any uses permitted in R-IAAA, R-IAA, R-lA, or R-1.
(2) Apartments, townhouses, patio homes or other multiple-family dwelling
structures.
(3) Boarding and/or lodging homes.
(4) Guest and tourist homes.
(5) ,
.General office
including: medical, dental, legal, architecture/engineering, real estate, financial,
information technology, and administrative headquarters, or similar use, however,
under no circumstances will any type of office use incompatible with residential,
schools, parks or public buildings be permitted. Signage shall be limited to building-
mounted identification signage. No outside storage or fleet and dispatch yards are
permitted; however, governmental vehicles are exempted.
Sec. 20-208. Conditional uses.
(a) Conditional uses allowed within - -
Rs-fer R-IAAA, R-lAA, R-lA and R-1 Single-Family Dwelling Districts.
Multi-use proiects that include a vertical mix of uses designed along the principles
of the Town Center. Such proiects shall be exempted from Section 20-209, regarding
building height regulations, and Section 20-211, regarding front, rear and side yard
regulations. Such vroiects, however, are still subiect to the provisions and requirements of
the Town Center District Code.
City of Winter Springs
Ordinance No. 2005-09
Page 3 of 5
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior 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 maybe
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors maybe corrected and additions, alterations, and omissions not affecting the construction or
meaning of this ordinance and the City Code maybe 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
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2005.
JOHN F. BUSH, 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
City of Winter Springs
Ordinance No. 2005-09
Page 4 of 5