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HomeMy WebLinkAbout2004 06 02 Public Hearings Item A .~ PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY June 2, 2004 Meeting Consent Information Public Hearing X R~ular ITEM A REQUEST: The Community Deyelopment Department - Planning Division requests the Planning & Zoning Board consider the Applicant's request for the list of permitted uses within the "C-l Neighborhood Commercial" zoning district to be amended to include "A TV's (all-terrain vehicles) and other small gasoline engine or electric motor recreational type yehicles with a dry weight of less than six hundred (600) pounds, Sales". PURPOSE: The purpose of this request is to consider the request of Aggarwal Pension Trust Fund (property owner) on behalf of Quest Powers ports, Inc. to amend the list of permitted uses within the "C-l Neighborhood Commercial" zoning district, to allow for Sales of Small Recreational Type Vehicles. APPLICABLE LAW AND PUBLIC POLICY Florida Municipal Home Rule Act. Section 166.041 Florida Statutes. Procedures for adoption of ordinances and resolutions. Winter Springs Code of Ordinances. Sec. 8-1. Definitions. Chapter 20 ZONING Sec. 20-57. Duties; general. DIVISION 7. C-l NEIGHBORHOOD COMMERCIAL DISTRICTS Sec. 20-231. In General. Sec. 20-232. Uses permitted. CHRONOLOGY: May 10, 2004- Application Receiyed June 2,2004- P& Z Board to hear the request and make recommendation to the Commission CONSIDERATIONS: ~ Quest Powers ports, Inc. dba Express Powersports, Inc. proposes to locate at 300 East SR 434 (in a ~ June 2, 2004 PUBLIC HEARING AGENDA ITEM A 11,000 SF unit in the old Piggly Wiggly site which was recently remodeled). Express Powersports, Inc. is headquartered at 5224 W. SR 46, Sanford, Florida 32771. Quest Powersports, Inc. is proposing to sell the following retail products: Mopeds, 49cc Scooters, ATV's, Go Karts, Hobby Toys, Mini Bikes, Off Road, Electric Bikes, Electric Toy, Personal People Movers, Scooters, Motor Bikes, Bicycles, and other products within the same range. No outside parking lot sales, no test riding, and no selling of used equipment. All products to be sold are in boxes and will be setup only after purchase. The site is zoned "C-l Neighborhood Commercial". The existing zoning does not allow "Sales" of any type "Motorized Vehicles". "Bicycles, Sales and Service" are permitted. The "C-2 General Commercial" zoning district allows "Automotive Sales", "Boat Sales", "Mobile Home Sales", and "Recreational Vehicles". ATV's might be considered a smaller version of a Recreational Vehicle. We look to the intent of the zoning district to further describe what uses are appropriate. Section 20-231 describes the "C-l Neighborhood Commercial" zoning district as follows: The C-1 Neighborhood Commercial District consists of lands abutting principal streets, the frontages of which are especially adaptable to selected low-traffic generating uses. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic movement and generation. The district is intended for lands suitable for low intense neighborhood commercial uses in close proximity to residential districts. The land uses under this district shall promote spaciousness of land uses, minimize traffic along adjacent thoroughfares and within residential districts, promote aesthetic and architectural harmony, attractiveness, and compatibility with nearby residential districts and within the community, and abide by the performance and development standards of the city, county, and U.S. government. Section 20-251 describes the "C-2 General Commercial" zoning district as follows: The lands of the C-2 General Commercial District are to be used by a variety of commercial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, 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. This District is intended for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher traffic generating general commercial uses, FINDINGS: The "C-l Neighborhood Commercial" zoning district is intended for low intensity uses which service a portion of the City. The "C-2 General Commercial" zoning district, is intended to service a larger clientele base, such as the entire community, as described aboye. Small Recreational Type Vehicles Sales are a more intensive use than that described under the "C-l" district. Although Quest Powers ports, Inc. is ause that we might wish to have locate within our City, it is not a use that fits within the "C-l Neighborhood Commercial" district. The applicant would be better served to locate in a part of town that will not limit his opportunities for expansion and where he might be allowed to have outside display of his product. Although the applicant has indicated that "all products will be sold in boxes and will be setup only after purchase" Staff has ~ June 2,2004 PUBLIC HEARING AGENDA ITEM A concerns over the set-up requirements. Set-up implies some on-site servicing. If the equipment is to be tested or at least started, fuel storage and some outside servicing would be an issue. The request is not in conformance with the purpose and intent of the "C-l Neighborhood Commercial" zoning district. . STAFF RECOMMENDATION: Staff recommends Denial of the Applicant's request for "ATV (all-terrain vehicle) and other small gasoline engine or electric motor recreational type vehicle, with a dry weight of less than six hundred (600) pounds, Sales" as a permitted use in the "C-l Neighborhood Commercial" Zoning District. IMPLEMENTATION SCHEDULE: June 21, 2004- City Commission Consideration Section 166.041(c), Florida Statutes, requires ordinances to have two advertised public hearings before adoption. If this request is approved by the Planning & Zoning Board, it will then be forwarded to the City Attorney to draft an ordinance and will be advertised, prior to going before the City Commission. If the request is denied, it will be forwarded to the City Commission for consideration, prior to the drafting of the required ordinance. ATTACHMENTS: A. Sampling of Quest Powersports, Inc product images B. C-l Neighborhood Commercial Zoning District P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: ~ June 2, 2004 PUBLIC HEARING AGENDA ITEM A ATTACHMENT A Sampling of Quest Powers ports, Inc product images ~ June 2, 2004 PUBLIC HEARING AGENDA ITEM A ATTACHMENTB CITY OF WINTER SPRINGS C-1 NeiQhborhood Commercial District Sec. 20-231. In General. The C-1 Neighborhood Commercial District consists of lands abutting principal streets, the frontages of which are especially adaptable to selected low-traffic generating uses. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic movement and generation. The district is intended for lands suitable for low intense neighborhood commercial uses in close proximity to residential districts. The land uses under this district shall promote spaciousness of land uses, minimize traffic along adjacent thoroughfares and within residential districts, promote aesthetic and architectural harmony, attractiveness, and compatibility with nearby residential districts and within the community, and abide by the performance and development standards of the city, county, and U.S. government. Sec. 20-232. Uses permitted. (a) Within any C-1 Neighborhood Commercial District, no building, structure, land or water shall be used exceptfor one (1) or more of the following uses: 1- Administrative public buildings; 2- Advertising agencies; 3- Alcoholic beverage sales (package); 4- Alcoholic beverage on-premises consumption; 5- Alterations and tailoring; 6- Antique and gift shop; .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- Places of worship; 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- Mini-mart (convenience store, snack shop and self-service gasoline sales); 32- Furniture, retail, new and used; 33- Grocers, retail; those whose business include and are limited to the retail sale of groceries including produce, meats and household goods but shall not include the sale of gasoline; 34- Gun shop; June 2, 2004 PUBLIC HEARING AGENDA ITEM A 35- Hair and beauty salons (including nail salons); 36- Hardware stores; 37- Health food; 38- Hobby and craft shops; 39- Hospitals and nursing homes; 40- Hypnotists; 41- Ice, retail; 42- Insurance; 43- Interior decorating and draperies; 44- Jewelry stores; 45- Launderettes and laundromats; 46- Libraries; 47- Loan companies; 48- Locksmiths; 49- Luggage shops; 50- Medical clinics and laboratories; 51- Nurseries, plants, trees, etc., retail; 52- Outdoor advertising signs sales offices; 53- Paint store; 54- Parking garages; 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, excluding towers; 62- Radio and TV sales and service; 63- Rental shops; 64- Professional offices such as lawyers, doctors, accountants, computer software engineers, architects and similar type offices; 65- Retirement homes; 66- Restaurants; 67- Schools, public, private and parochial, service vocational schools (such as cosmetology, 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; (b) Outdoor display and/or sales are prohibited except by special exception. Sec. 20-233. Reserved. Section 20-234. Conditional Uses. (a) Multiple-family residential units may be permitted as conditional uses as provided by the board of adjustment. June 2, 2004 PUBLIC HEARING AGENDA ITEM A (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. Section 20-235. Building height regulations. In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. Section 20-236. Building site area regulations. , In C-1 Neighborhood Commercial Districts, the building site area regulations are none. Section 20-237. Front, rear and side yard regulations. (a) Front yard. A front yard or setback of at least fifteen (15) feet shall be provided, except however, that when the frontage in one (1) block is located partly in C-1 Neighborhood Commercial Districts and partly in a residential or multiple-dwelling district, then the front yard requirements of the residential district or multiple dwelling district shall apply to the C-1 Neighborhood Commercial Districts. (b) Side yards. None required. Except on that side of the lot abutting upon the side of a lot zoned for residence purposed, 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. Section 20-238. Off-street parking regulations. Section 9-276 et seq. as to off-street parking regulations in C-1 Neighborhood Commercial Districts shall apply. Section 20-239--20-250. Reserved.