HomeMy WebLinkAbout2005 04 18 Public Hearings 402 Ordinance 2005-13 Revises the I-1 Light Industrial Zoning Districts Automobil Major Service and Major Repair EstablishmentsPLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 402
April 18, 2005
Meeting
Consent
Informational
Public Hearing X
Regular
MGR. /DEPT
Authorizat'
REQUEST:
The Community Development Department -Planning Division requests the Planning & Zoning
Board /Local Planning Agency hold a Public Hearing related to Ordinance 2005-13 which
revises the "I-1 Light Industrial" zoning district's list of conditional uses to add "Automobile
Major Service and Major Repair Establishments (including body repairs and painting).
PURPOSE: To amend the language in the I-1 (Light Industrial) zoning district, to allow an auto
repair facility, including body repairs and painting, as a conditional use within the Light
Industrial (I-1) Zoning District.
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 appropriate
regulations... 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.
Sections 20-259, 20-261 & 20-345.1 (City Code]
Policy 1.5.10 [Comprehensive Plan]
April 18, 2005 -PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
CHRONOLOGY:
July 8, 2002 - Light Industrial (I-1) Zoning District Created -Ordinance 2002-07
July 12, 2004 - .Light Industrial (I-1) Zoning District Amended -Ordinance 2004-28
April 14, 2005 - Public notice in Orlando Sentinel of LPA meeting
April 18, 2005 - LPA to hear and make recommendation to City Commission
Apri128, 2005 - Public Notice in Orlando Sentinel of First Reading
May 9, 2005 - First Reading of Ordinance 2005-13
May 12, 2005 - Public Notice in Orlando Sentinel of Second Reading
May 23, 2005 - Proposed Second Reading and Adoption of Ordinance 2005-13
CONSIDERATIONS:
Currently, Section 20-259 (Permitted Uses in the I-1 Zoning District) of the Code allows,
among other things, boat building and storage yards and public storage of tagged
vehicles. In addition, this section allows any of the permitted uses listed in Section 20-
345.1 of the "Commerce Center" District. Included among the permitted uses in Section
20-345.1 (Commerce Center District) are vehicle repair facilities that do not include body
work or painting. Therefore, a vehicle repair facility that does not include body work or
painting is a permitted use in the I-1 Zoning District.
The general description of the Light Industrial (I-1) Zoning District states that the district
is intended to apply to lands and structures which are "especially adapted to the business
of wholesale distribution, storage and light manufacturing and to authorized land uses
and activities which could cause adverse secondary effects and influences on residential
areas and non-industrial uses ". The description goes further to state that "the purpose of
this district is to encourage and develop exceptionally clean, non-objectionable industrial
uses and to allow a place for other uses and activities which could cause adverse
secondary effects and influences on surrounding neighborhoods if located elsewhere ".
Policy 1.5.10 of the City's Comprehensive Plan specifies that "lands designated
`Industrial' on the Future Land Use Map shall also serve as an area to locate authorized
land uses and activities which could have adverse secondary effects (e.g. increased
crime; neighborhood deterioration and blight; property devaluation; economic
deterioration; health risks; and other adverse effects) on residential areas, religious
institutions, schools, parks, day care centers, and other public institutions located within
the City ".
Finally, the General Commercial (C-2) Zoning District allows
automotive/boat/manufactured home major service and major repair establishments
(including body repairs and painting and similar heavy type uses) as a conditional use.
The general description of this zoning district speaks to permitting "the normal operation
of the majority of general commercial uses under such conditions of operation as will
protect abutting residential and other non-commercial uses... ".
April 18, 2005 -PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
FINDINGS:
It .would appear that the location and general description of the Light Industrial Zoning
District are conducive to uses such as vehicle repair including body work and painting, as
long as these activities are conducted within an enclosed building. Therefore, staff finds
as follows:
The request is in conformance with the purpose and intent of the "I-1, Light Industrial"
zoning district.
The addition of Automotive Major Service and Major Repair Establishments (including
body repairs and painting) as a Conditional Use is in conformance with the City's
Comprehensive Plan, specifically:
o The request will encourage land uses and activities which could have an adverse
secondary effect on residential areas to locate in an area with a Industrial Land Use
with adequate buffering to mitigate these potential adverse effects (See Future Land
Use Element- Policy 1.5.10)
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Board/LPA hold a Public Hearing related to
Ordinance 2005-13, and make recommendation of Approval to the City Commission regarding
amending the language in the "I-1, Light Industrial" zoning district to allow an Automotive
Major Service and Major Repair Establishment (including body repairs and painting), as a
conditional use within the Light Industrial (I-1) Zoning District, subject to certain conditions.
IMPLEMENTATION SCHEDULE:
April 28, 2005- Public Noticing in Orlando Sentinel for 1St Reading (7 days prior)
May 9, 2005- 1st Reading of Ordinance 2005-13
May 12, 2005- Public Noticing in Orlando Sentinel for 2"d Reading (5 days prior)
May 23, 2005- 2nd Reading /Adoption of Ordinance 2005-13
ATTACHMENTS:
A. Existing "I-1, Light Industrial "Zoning District (for reference)
B. Ordinance 2005-13
C. Existing "CC, Commerce Center" Zoning District (for reference)
Map of the Light Industrial Zoning District
PLANNING & ZONING BOARD/LPA RECOMMENDATION:
April 18, 2005 -PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT A
DIVISION 8.5. I-1 LIGHT INDUSTRIAL DISTRICT*
*Editor's note: Ord. No. 2002-07, § 1, adopted July 8, 2002, added a new zoning district
designated as Div. 12, §§ 20-320--20-262. In order to avoid conflicts in the numbering of
provisions, the editor has redesignated the provisions added by § 1 of Ord. No. 2002-07 as Div.
8.5, as herein set out.
Sec. 20-258. In general.
The provisions of this district are intended to apply to lands and structures, by their use and
location, which are especially adapted to the business of wholesale distribution, storage and light
manufacturing and to authorized land uses and activities which could cause adverse secondary
effects and influences on residential areas and nonindustrial uses. Such lands are located in close
proximity to principal thoroughfares and adequately separated (or buffered or both) from
residential uses. The purpose of this district is to encourage and develop exceptionally clean,
non-objectionable industrial uses and to allow a place for other uses and activities which could
cause adverse secondary effects and influences on surrounding neighborhoods if located
elsewhere. It is also the intent of this district to protect adjacent parcels from encroachment of
smoke, fumes, vibration, noise or odors of any objectionable nature and to promote aesthetic and
architectural harmony, and attractiveness within the community. All uses allowed hereunder shall
abide by the performance and development standards of the city, county, state, and U.S.
government. Areas of the city for which this zoning category maybe appropriate are designated
on the future land use map as "industrial."
(Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04)
Sec. 20-259. Uses permitted.
Within the I-1 Light Industrial Zoning District, no building, structure, land or water shall be used
except for one (1) or more of the following uses:
(1) Any permitted use listed in Section 20-345.1 of the "Commerce Center" District;
(2) Any permitted use listed in Section 20-346.1 of the "C-3 Highway 17-92 Commercial
District" for properties with frontage along U.S. 17-92;
(3) Adult entertainment and sexually oriented businesses;
(4) Boat building and storage yards;
(5) Cabinet makers, furniture assembly and woodworking shops;
(6) Laundry and dry cleaning;
(7) Machinery sales and storage;
(8) Outside storage of contractor's equipment and supplies; public storage of tagged vehicles,
boats, RVs and commercial vehicles; fleet and dispatch yards; bulk storage; and other kinds of
April 18, 2005 -PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
storage yards ofnon-flammable/non-hazardous materials associated with manufacturing (See
section 20-263 below.);
(9) Showrooms.
(Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04)
Sec. 20-260. Building height regulations.
No building or structure shall exceed fifty (50) feet.
(Ord. No. 2002-07, § 2, 7-8-02)
Sec. 20-261. Conditional uses.
(1) Body piercing and tattoo shops;
(2) Building floor area greater than 50,000 sq. ft.;
(3) Halfway houses, group homes and similar uses;
(4) Kennels, pet and animal rescue operations, animal boarding houses, and similar animal
facilities or operations;
(5) Light manufacturing, processing, and assembly not listed under section 20-345.1(1);
(6) Trucking terminals;
(7) Welding shops.
(Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04)
Sec. 20-262. Bulk regulations.
(1) Minimum floor area: Nine hundred (900) sq. ft.; Maximum floor area: Fifty thousand
(50,000) sq. ft. unless permitted by conditional use.
(2) Minimum lot size: Seven thousand five hundred (7,500) sq. ft.
(3) Minimum lot width: Seventy-five (75) ft.
(4) Minimum lot depth: One hundred (100) ft.
(5) Minimum front setback: Twenty-five (25) ft.
(6) Minimum rear setback: Fifteen (15) ft.
(7) Minimum side interior setback: Five (5) ft.; side corner lot: Fifteen (15) ft.
(8) The total impervious surface area shall not exceed seventy-five (75) percent of the total
site.
(Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04)
Sec. 20-263. Enclosed buildings and outside storage.
All uses shall be maintained within an enclosed permanent building with any outside storage
screened from streets by an eight (8') foot masonry wall with any gates being opaque.
Secs. 20-264--20-265. Reserved.
April 18, 2005 -PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
Ordinance 2005-13
U:RDINANC:E NU. 2QUS-13
AN URDINANCrr QF THE CITY CUMMISSIUN AF 'TNE
CI°I"Y ()~' WINTE.R SPItINC:S, FLORIDA, AMENllt.NG T"H:E
LIST (~~' CUri[DITIUNAI: USES IN THE I»I I.:I+GNT
INDUSTI2lAL 2U.NING DISTRICT TU INCLUDE
~lUTt7MUBII.E MAJOR SERVICE AND MA.IOR REPAIR
.ESTABLISHMENTS (INCLUDING BtJDY REPAIRS AND
PAINTING) SUBJECT TU CE,RTAIN CUNDI'I"IONS;
PRU~~IDINC FUR INCtIRPURATIUN INTO THE CODE;
PItUYIDING.FURTHE REPEAL OF PRIU.R INCUNSISTE~IT
OIIDIKANCES AND RE ~1flLUTiUNS, SEL'EI2ABI LTI'Y, AND
AN EFPEC'CIVIF; DATE.
'UI~Ii1~:RIAS, the City ics grantedthe authority, under Section 2(b), Article VIII, afthe State
t:onstit.ution, to exercise any power for municipal purposes, except when. expressly pmh.ibited by
law; and
"V4'II ERE AS, the 1 1 Light Industrial CTi strict is intended. to apply to lands and stnactures, by
their use and location, which are especially adapted to the business of wh+alesate distribution, storage
and. light manufacturing; and
'4'I~HEIt1/,AS, after re~riew of the permitted and conditional uses by city staff, city staff.
rewttamends that the list ofconditional uses be amended to include automotive major service and
major repair establishments under certain amditians; and
"1~'Hl`;RI?:AS, automativemajorservice and majorrepairestablishments are consistent with
the intent. and pucpc-se of the I-1 Light. Industrial District; and
N'H LREAS, the City Commission of the Cityof Winter Springs, Florida, hereby finds this
Ordinance to be in the best.inter~.sts ofihe public heallth, safety, anKl welfare ofthe citix"ens ofW`inter
Springy.
tiOV4', THEREI~CIRE, TH:E CITY" CUMMISSIUN OF THE CITY OF ~~4'INTER
'iPIIINGS IIEII;EBY URUAINS, AS r~C)I.LC)u'S:
Si~tlau 1.
refereic:e.
Rec~ltals. The foregoing recitals are hereby incc>rporat~xl herein by this
City of winter
Urtiieuuxc~Alo. 2W5-T~
Pn~e t c+f 3
April 18, 2005 -PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
~c~c.tion 2. Cr>cie Amendment. 'The CityofWinter Springs Cade, Chapter 2q, Toning,
is hereby amender as follaws: uralerlined type indicates additions and. atriut type indicates
deletions, while asterisks (***} indicate a deletion fi~am this ihdinance of tact. existing in Chapter
2U. It i s intended t .hat the tact in. Ghapt€x 2q denc by the aaterislcs aacf set forth an this t~rdinanc~e
shall remain unchanged from the language existing prior to adoption of this ordinance}.
CHAPTER 20. ZONING
~*,~
ARTICI.~E CII. ESTABI.IRHA9FNT O1~" flIST'RiC..TS
,~*~,
C1I't'I~IUN &:~. -1 INDU'~TRIAL UCSTRICT
,~*w
~trtiran 2U-a~i'1. C`candltitanal uses.
nx~
{7j Welding shc~ps.=
Automotive maior, sarvice and ~naiar repair establishments fincludin~ bode repairs
and painting and similar heavy type uses) provided thatall activity shall be ctanduct~i within
a cam~aletely enclosed buildingand there is no outdoor storage of and
Section 3. Ilepral of Prior Inransistent tlydinatrces and Il;e$olutions. All prier
inconsistent ordinances and.resalutians adapted. by the CityCammissian, orparts afpriarc~rdinances
and resolutr'ans in cxanflict herewith, are hereby repealed to the extent of the cx~nflict.
Section ~, Inrarporation Into Code. 'This Ordinance shall be incarparateci into the
Vd inter Springs City Code and any section or ,paragraph, rnamber car letter, and any heading nay lie
changed: or madiGed as necessary to et~'ectuate the foregoing. Grarruxtatical, typographical, and lake
errors may be correzted and additions, alterations, and. omissions, prat al~'~ting the construction. or
meanie of this ardina~ice and. the City Code maybe freely made.
Sc~ctior~ ~. 'a"ever~ttrility. Ifany section, subsection, sentence, clause, phrase, w°~-rrl or
provision of this Ordinance is far any reason. held invalid or unconstitutional by any court of
Cacy af'tt~nux s
o~:~ tai. 2aas-~~
agc ~ of
April 18, 2005 -PLANNING AND ZONING BOARD/LOCAL PLAI~iNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
competent jurisdiction, whether for substantive, pz+ocedural, or any other rea,ROx~, such portion shall
be deemed a separate, disti~t and independent pc+ovision, and such. hotding shall ~~ affect. the
validity of the remaining partians of this Or~ina~zce.
Section n, Effective Date, This C3rdinan~ce shall become effective i€nmed.iately upon
adoption by the City Commission of the City of Winter Springs, Flcnida, and pumuant to City
Charter.
AD4P'1'ED by the City Conaniission rrl' the City of Winter Spran~s, Florida, in a regular
meeting asse~nbied on the __~_. day of ____~, 2U05,
JUH1~ lrt. BUSI~l, Mayor
Al`~?l?ItlA1 I..DREN~U-LI~ACES, City Clrerk
r'~pprr~4ed as to legal form and sufficiency for
tl~e City of "~`lntcr 5prln~;s only:
AN"I'I1011Y A. GA1tt;Al~irSE, Cain' Attorney
Fiat Reading;
Second Reading;:
Effc~;tive Date:
cry ~rw~n ~,r;n~
ora~n~z~~. eons-t~
P 3 of 3
April 18, 2005 -PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT C
DIVISION 14. CC COMMERCE CENTER ZONING DISTRICT.
Sec. 20-345. In general.
The provisions of this district are intended to apply to lands suitable for a wide variety of small
scale (less than three thousand five hundred (3,500) squaze feet) commercial and light industrial
tenants in divided warehouses which serve the needs of the community without generating
excessive traffic from clientele and suppliers of materials. The purpose of this district is to
encourage and develop start-up industry of an exceptionally clean, non-objectionable type and
permit the normal operation of land uses listed hereunder under such conditions of operation that
will protect any abutting residential and other noncommercial uses, minimize the interruption of
traffic along adjacent thoroughfares, and promote aesthetic and architectural harmony,
attractiveness, and compatibility within the community and abide by the performance and
development standards of the city, county, state and U.S. government. Areas of the city for which
this zoning category is appropriate are designated on the future land use map as "industrial."
(Ord. No. 2004-02, § 2, 2-9-04)
Sec. 20-345.1. Uses permitted.
Within the CC Commerce Center Zoning District, no building, structure, land or water shall be
used except for one (1) or more of the following uses:
(1) Light manufacturing, processing, and/or assembly; wholesale sales and distribution o£
a. Audio books;
b. Bakery products;
c. Bottling plants;
d. Brooms and brushes;
e. Candy and confectionery products;
f. Ceramics and pottery;
g. Cosmetics and toiletries;
h. Customized cabinetry, furniture, or other specialty woodworking shop;
i. Dairy products;
j. Dental labs;
k. Electrical machinery and equipment;
1. Electronic equipment; software development;
m. Floral arrangements;
n. Garments, textile products including draperies;
o. Glass and glass products;
p. Jewelry;
q. Optical equipment;
r. Material or product packaging;
s. Medical supplies (with limited rental);
t. Perfume;
u. Pharmaceutical products;
v. Photographic equipment and supplies;
w. Plastic products, except pyroxylin;
April 18, 2005 -PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
x. Precision instruments and machinery;
y. Promotional products;
z Recreational equipment;
aa. Screen printing;
bb. Soap products and candles;
cc. Shoes and leather goods (except leather processing);
dd. Signs;
ee. Silverware and utensils;
ff. Specialty foods;
gg. Specialty merchandise;
hh. Species and spice packaging;
ii. Stationery;
jj. Toys;
kk. Vehicle accessories and parts;
11. Window coverings;
(2) Catering.
(3) Equipment service and installation.
(4) Landscaping services.
(5) Offices and studios including:
a. Advertising and marketing;
b. Artists, such as painters, sculptors, and craftmakers;
c. Auctioneers;
d. Consultants;
e. Contractors;
f. Graphic arts, design;
g. Mail order addressing;
h. Musicians;
i. Photography;
j. Radio and television;
k. Real estate brokers;
1. Telephone sales solicitors;
m. Utility management services;
n. Vehicle brokers or agents;
o. Wholesale sales and distribution; and
p. Wrecker and towing service.
(6) Packing and shipping services.
(7) Paint stores.
(8) Printing, bookbinding, engraving, and publishing plants.
(9) Public and governmental services and facilities.
(10) Record management, data processing services, data storage facilities.
(11) Research, development, and laboratory facilities.
(12) Testing of materials, equipment, and products.
(13) Technical and trade instruction.
(14) Vehicle repair (does not include body work or painting).
(15) Vehicle upholstery.
Apri118, 2005 -PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
PUBLIC HEARING AGENDA ITEM 402
(16) Window tinting.
(17) Warehousing and storage in enclosed buildings or structures (including cold storage and
frozen food lockers).
(18) Wholesale sales and distribution.
(19) Retail sales directly associated with a permitted use authorized by this Section, provided
the retail sales are ancillary, secondary, and incidental to the permitted use.
(Ord. No. 2004-02, § 2, 2-9-04)
Section 20-345.2. Building height restrictions.
No building or structure shall exceed thirty-five (35) feet.
(Ord. No. 2004-02, § 2, 2-9-04)
Sec. 20-345.3. Conditional uses.
(1) Light manufacturing, processing, and assembly not listed above.
(2) Health and exercise clubs and instruction which generate traffic from clientele.
(3) Laundry and dry cleaning (with non-flammable solvents only).
(4) Outside storage if screened from streets and adjacent properties by a masonry wall with an
opaque gate.
(5) Tenant area greater than three thousand five hundred (3,500) square feet but less than seven
thousand five hundred (7,500) square feet.
(Ord. No. 2004-02, § 2, 2-9-04)
Sec. 20-345.4. Bulk regulations.
(1) All uses shall be maintained within an enclosed permanent building with no outside
storage, unless permitted by conditional use.
(2) Maximum tenant area: Three thousand five hundred (3,500) square feet, unless permitted
by conditional use.
(3) Minimum front setback: Twenty-five (25) ft.
(4) Minimum side and rear setback: Fifteen (15) feet.
(Ord. No. 2004-02, § 2, 2-9-04)
Planning & Zoning Commission/Local Planning Agency Agenda Item 402 Light Industrial Zoning District
April 18, 2005
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