HomeMy WebLinkAbout2004 02 09 Public Hearings 403
COMMISSION AGENDA
ITEM 403
Consent
Informational
Public Hearing X
Regular
February 9, 2004
Meeting
MGR. ~PT //r
Authorization
REQUEST:
The Community Development Department- Planning Division, Planning & Zoning Board, and
City Attorney requests the City Commission hold a public hearing for Second Reading of
Ordinance 2004-02, establishing a new zoning district entitled "CC- Commerce Center"
PURPOSE: To establish a new zoning district, which would allow small scale (less than 3500
SF) commercial and light industrial tenants in divided warehouses not generating excessive
traffic as a result of recommendations generated from the Planning and Zoning Board's
Visioning Workshops.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act.
Section 166.041 (3)( c), Florida Statutes.
CHRONOLOGY:
July 2002- City Commission adopted Ordinance 2002-07, creating a new Zoning classification
category, "1-1 Light Industrial District", and amended the list of permitted, conditional, and
prohibited uses under the existing "C-I Neighborhood Commercial District" and "C-2 General
Commercial District" classifications. Industrial uses were eliminated from the revised "C-2 General
Commercial District" and included within the new "1-1 Light Industrial District".
Aug. 25, 2003- The City Commission directed Staff to prepare an agenda item for scheduling a
workshop date for the purpose of reviewing the list of permitted uses within the "C-2" and "1-1"
categories.
Sept. 3, 2003- Planning & Zoning Board/LP A made a unanimous recommendation to the
@)
February 9, 2004
PUBLIC HEARING AGENDA ITEM 403
February 9, 2004
PUBLIC HEARING AGENDA ITEM 403
Commission to consider possible permitted uses to add or modify within in 1-1 and C-2.
Sept. 15,2003- Commission Workshop. The Commission reviewed the current permitted uses under
the "C-2 General Commercial" and "1-1 Light Industrial" zoning districts and considered additions or
modifications to the existing list of permitted uses in each of these districts.
Oct. 20, 2003- Commission Workshop. The Commission directed the Planning & Zoning Board to
go through a visioning exercise to give direction to the City's commercial and industrial areas.
Oct. 27, 2003- Visioning Exercise I. The P&Z participated in a visioning exercise to begin defining
future directions for the commercial and industrial areas of the City.
Nov. 5, 2003- Visioning Exercise n. The P&Z continued the visioning exercise to define future
directions for the commercial and industrial areas of the City.
Nov. 1 L 2003- Special Meeting. The P&Z held a special meeting to finalize recommendations
based on the visioning exercises.
Dec. 12,2003- The City Commission directed the Attorney to prepare an ordinance creating a new
CC-Commerce Center zoning district.
Jan. 15,2004- Public Noticing in Orlando Sentinel for 1st Reading
Jan. 26, 2004- 151 Reading of Ordinance 2004-02
CONSIDERATIONS:
As a follow-up to the adoption of Ordinance 2002-07, Staff began the administrative rezoning from
"C-2" to "I-I" for parcels with an underlying "Industrial" future land use. However, what initially
seemed to be a simple task, proved more difficult.
Initially, it appeared that the list of permitted uses in each ofthe "C-2" and "I-I" districts needed to
be expanded; however, after several attempts at reviewing and making recommendations to the list
of permitted uses, the Commission directed the P&Z Board to conduct a Visioning Exercise.
FINDINGS:
The Visioning Exercise process revealed that some of the difficulty was a result of having too few
zoning categories, and the defining characteristics distinguishing the commercial and industrial
districts of the City from one another needed to be revisited.
The Planning & Zoning Board recommends the establishment of a new Commerce Center zoning
district supportive of a diverse mix of smaller light industrial uses as found along Belle Avenue.
Belle Avenue supports a different scale of uses than the uses envisioned along Old Sanford/Oviedo
Road. The proximity to the SR 434, residential neighborhoods and Winter Springs Elementary
requires that incompatible land uses which might impact adjacent or surrounding land uses be
eliminated from the list of permitted uses.
Adoption of this new zoning district will help to further define appropriate uses and will promote
sound planning.
February 9,2004
PUBLIC HEARING AGENDA ITEM 403
PLANNING AND ZONING BOARD RECOMMENDATION:
At a special meeting on Tuesday, November 11,2003, the Planning and Zoning Board
recommended the establishment of a new CC-Commerce Center zoning district.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for Second and Final Reading
of Ordinance 2004-02, establishing a new zoning district entitled "CC- Commerce Center"
IMPLEMENTATION SCHEDULE:
Jan. 29, 2004- Public Noticing in Orlando Sentinel for 2nd Reading and Adoption
Feb. 09, 2004- 2nd Reading and Adoption of Ordinance 2004-02
Mar. 2004- Implementation of new Belle Avenue district through administrative rezoning
ATTACHMENTS:
A. Planning & Zoning Board Minutes
B. Ordinance 2004-02 establishing CC- Commerce Center zoning district
COMMISSION ACTION:
February 9, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A:
Excerpt from Planning & Zoning Board Minutes
II. AGENDA
A. Formal Actions Resulting From The Visioning Workshops Of October 29, 2003 And
November 5, 2003.
Discussion.
Discussion.
"I WOULD LIKE TO MAKE A MOTION TO ACCEPT THE "NEW COMMERCE
CENTER DISTRICT" AS OUTLINED IN OUR MATERIAL HERE TONIGHT."
MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
February 9, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
ORDINANCE NO. 2004-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTIER SPRINGS, FLORIDA, ESTABLISHING A NEW
ZONING DISTRICT CATEGORY ENTITLED "COMMEIRCE
CENTER," PROVIDING GENERAL INTENT PREAMBLE,
LIST OF PERMITTED AND CONDITIONAL USES, AND
BULK REGULATIONS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission 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 City Commission desires to create a new zoning district called
Commerce Center for small scale, clean and non-objectional light industrial and
commercial tenants generally operating out of warehouses; and
WHEREAS, basBd on existing circumstances in the City, especially Belle Avenue,
the City Commission hereby finds that these types of small scale industrial and commercial
uses should be included in a separate zoning category because they do not closely fit
within existing zoning categories adopted by the City; and
WHEREAS, the City has the police powers to create zoning districts within the City.
Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the
citizens of Winter Sprin~ls.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY OBDAINS, AS FOLLOWS:
Section 1. Rec:itals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Code Amendments. The City of Winter Springs Code, Chapter 20,
Zoning, is hereby amended by adding a new Division 14 (underlined type indicates
additions and 5tl ikecut type indicates deletions):
City of Winter Springs
Ordinan<.:e No. 2004-02
Page I of 6
February 9, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
DIVISION 14. CC - COMMERCE CENTER ZONING DISTRICT.
Sec. 20-345. In Gene!ral.
The provisions of this district are intended to apply to lands suitable for a wide variety of
small scale (less than 3500 SF) 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-obiectionable 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 adiacent 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. "
Sec. 20-345.1. Uses IPermitted.
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 of:
(a) Audio books:
(b) Bakery products:
(c) Bottling plants:
(d) Brooms and brushes:
(e) Candy and confectionery products:
(f) CElramics and potterv:
(g) Cosmetics and toiletries:
(h) Customized cabinetrv. furniture. or other specialty woodworking shop;
(j) Dairy products:
(j) Dental labs:
(k) EIE~ctrical machinery and equipment:
(I) EIE~ctronic equipment: software development:
(m) Floral arrangements:
(n) Garments, textile products including draperies;
(0) Glass and glass products:
(p) Jewelry:
(q) Optical equipment:
City or Winter Springs
Ordinance No. 2004-02
Page 2 or 6
February 9, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
(r) Material or product packaaino:
(s) ME~dical supplies (with limited rental):
(t) Perfume:
(u) Pharmaceutical products:
(v) Photo<;Jraphic eauipment and supplies:
(w) Plastic products. except pyroxylin:
(x) Pmcision instruments and machinery:
(y) Promotional products:
(z) Recreational eauipment:
(aa) Screen printina:
(bb) Soap products and candles:
(cc) Shoes and leather aoods (except leather processinc;J.t
(dd) Si~
(ee) Silverware and utensils:
(ff) Sp,ecialtv foods:
(ao) Sp'3cialty merchandise:
(hh) Spices and spice packaaina:
(ii) Stationery:
(iD T o'm..;
. (kk) Vehicle accessories and parts:
(II) Window coverinas:
(2) Caterina.
(3) Eauipment sl3rvice and installation.
(4) Landscapina services.
(5) Offices and studios includina:
(a) Advertisina and marketina:
(b) Artists. such as painters, sculptors, and craftmakers~
(c) Auctioneers:
(d) Consultants:
(e) Co ntractors:
(f) Graphic arts. desiqn:
(a) Mail order addressina:
(h) Musicians:
(j) Photoaraphv:
(i) Radio and television:
(k) Real estate brokers:
(I) TelE!phone sales solicitors:
(m) Utility mana<;Jement services:
City of Winter Springs
Ordinance No. 2004-02
Page 3 of ti
February 9, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
(n) Vehicle brokers or agents:
(0) Wholesale sales and distribution: and
(p) Wrecker and towing service.
(6) Packing & Shipping Services.
(7) Paint Stores
(8) Printing. bookbinding. engraving. and publishing plants.
(9) Public and governmental services and facilities.
(10) Record management. data processinq 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.
(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 directlv associated with a permitted use authorized bv this
Section. provided the retail sales are ancillary. secondary. and incidental to
the permitted use.
Section 20-345.2. Building Height Restrictions.
No building or structum shall exceed thirty-five (35) feet. .
Section 20-345.3. Conditional Uses.
(1) Light manufacturing. processing. and assemblv not listed above.
City of Winter Springs
Ordinance No. 2004-02
Page 4 of 6
February 9, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
(2) Health and exercise clubs and instruction which generate traffic from
clientele.:.
(3) Laundry and dry cleaning (with non-flammable solvents 9..DlYL
(4) Outside storage if screened from streets and adiacent properties by a
masonrv wall with an opaque gate.
(5) Tenant area greater than 3500 S.F. but less than 7500 S.F.
Section 20-345.4. Bulk reaulations.
(1) All uses shall be maintained within an enclosed permanent building with no
outside storage. unless permitted by conditional use.
(2) Maximum tenant area: 3500 SF. unless permitted by conditional use.
(3) Minimum front setback: Twenty-five (25) ft.
(4) Minimum side and rear setback: Fifteen (15) feet.
Section 3. R(~peal of Prior Inconsistent Ordinances and! Resolutions. All prior
inconsistent ordinancHs and resolutions adopted by the City Commission, or parts of
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 may be chan~led or modified as necessary to effectuate the foregoing.
Section 5. SEwerability.1f 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 as
provided by the City Charter.
City of Winter Springs
Ordinance No. 2004-02
Page 5 of 6
February 9, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assl~mbled on the day of , 2004.
ATTEST:
JOHN F. BUSH, Mayor
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
Cily 01' Winter Springs
Ordinance No. 2004-02
Page 6 of 6