HomeMy WebLinkAbout2004 06 28 Public Hearings 400
COMMISSION AGENDA
June 28, 2004
Meeting
Consent
Information
Public Hearing X
Regular
ITEM 400
MGR. (J- IDEPT //Y
Authorization
REQUEST: The Community Development Department - Planning Division requests the City
Commission consider the Applicant's request for the list of permitted uses within the "C-l
Neighborhood Commercial" zoning district to be amended to include "ATV's (all-terrain vehicles)
and other small gasoline engine or electric motor recreational type vehicles 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 Powersports, 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.
DNISION 7. C-l NEIGHBORHOOD COMMERCIAL DISTRICTS
Sec. 20-231. In General.
Sec. 20-232. Uses permitted.
CHRONOLOGY:
May 10, 2004-Application Received
June 2,2004- P& Z Board heard the request and made recommendation to the Commission
CONSIDERATIONS:
Quest Powersports, Inc. dba Express Powers ports, Inc. proposes to locate at 300 East SR 434 (in a
@)
June 28, 2004
PUBLIC HEARING AGENDA ITEM 400
11,000 SF unit in the old Piggly Wiggly site which was recently remodeled). Express Powers ports,
Inc. is headquartered at 5224 W. SR 46, Sanford, Florida 32771.
Quest Powers ports, 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 above.
Small Recreational Type Vehicles Sales are a more intensive use than that described under the "C-l"
district. Although Quest Powers ports, Inc. is a use 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 28, 2004
PUBLIC HEARING AGENDA ITEM 400
concerns over the set-up requirements. Set-up could include 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 property owner has indicated that the tenant's lease will include a prohibition against the
storage of any fuel on the property.
The request is not in conformance with the purpose and intent of the "C-l Neighborhood
Commercial" zoning district.
PLANNING & ZONING BOARD RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board held on June 2, 2004, the Board heard the
request for amending the "C-l Neighborhood Commercial" list of permitted uses and voted 3-1 to
recommend "Denial" of the applicant's request.
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 l66.04l(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. Ifthe 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 Powers ports, Inc larger product images
B. C-l Neighborhood Commercial Zoning District
C. Draft Minutes of the Planning and Zoning Board Meeting
COMMISSION ACTION:
June 28, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A
Sampling of Quest Powers ports, Inc product images
The 2004 MXF250 is a fully Automatic
'Engine with Reverse and Uquid Cooled
system. This ATV can handle all hills and
trails and is a great for the woods.
Talon,DLXISOUR is .
four Strc>I,C~~9~~";'~"", pl~r1t. 'This ,is
the king of . all' GO Karts. Autornatic with
, revEl"Se.~~c:tricstart.l'ourWllEEr)disc
· brakes. 36+ mph top speed. Loaded....
.-. ._.._.....-~--_._~.----- -.-.- -", - . ~--
June 28, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B
CITY OF WINTER SPRINGS
C-1 Neiahborhood 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
except for 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 28, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENTB
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.
June 28,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B
Section 20-234. Conditional Uses.
(a) Multiple-family residential units may be permitted as conditional uses as provided by the board of
adjustment.
(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.
June 28, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT C
Draft Minutes of the June 2,2004 Planning & Zoning Board Meeting
06/18/2004 13:25
4076998584
NIS JKREBS
PAGE 03
CITY OF wtN1'BR. SPIUNGS
J)!W'T UNAPPROVED ~lN11Tes
PLANN~G AND mNlNC BQARDILOCAL PLANNING ACEl'fCY
' REGUlAR MEETING - JUNE 2, 200.t
PAGE 2 OP II
~
ID. PUBLIC,HEARlNGS AGENDA
fUBUC DEAIUNGS
CommUnity Development DepartmeDl- Planning Division ,
A. Requests Tbe Pl8.lllliDg ADd 'Zoain.: BoQrcllLoeal PlAnumg Ageocy Couider The
Applicant's Request For The List or Permitted U.ell Within The "C-l
NeighbOthood Commerdal" ZORinE Di$trict To Be Amended To Include "ATV'.
(AlJ..l'errafD Vehicles) AAcI O~er Small GasOl1De EogiDe Or EJeetric Motor
Recreadonul Type Vel1leles With A Dry Wdgbt Of las Than Sir HUDdred (600)
PouDda, SalOl". '
Chairperson Krebs opened the "Public Input" portion of this Agenda It~",.
No one spoke.
Chai'1'u.Jon Krebs clc.fM the "Public Input II portion of tiris Ag4fnda Item..
Ms. Eloise SahI$trom., AlCP, ASLA. Senior Planner. Community Development
Department introduced this Agenda Item. Discussion,
Ms. Sablstrom said, "They [Applicant] have a potential tenant that they would like to
bring ilL That ten~ would like to occupy 11,000 square feet of that build.ii1g space and
Staff b.as reviewed what would be sold - our "C-l Neighborhood Commercial" Zoning
Distriet involves. Staff is recommending. denial because we believe thi$ is npt a
'Neighboihood. Commercial Type Use' that it would bo more of arcgional - highway
'Commercial U;e' ." ,Ms. Sahlstrom added, "Under 'Neighborhood Commercial'
CUIT'altly, the existing Zoning does not allow sales of any type motorized vehicles
although ,bicycles, sales and service are permitted." Discussion.
Vice Chairpen;on K.arr stated, "I want to complement you [Ms. SablBtrom] on your
packet -Ittml A.u Chairperson Krebs sai4; "1 a~ee:'
DiscU5sion ensued.
Mr. Kuldeep iJ.ggarwal, lOSS Edmisto" Place. LonlJWood, Florida: addressed the Board.
Mr. Aggarwal asked the potential tenant, '1)0 you have flnyfuel or oil - on premises?"
The answer from the tenant was. "No." Mr. Aggarwal stated. "Wo are trying to get that
plaza alive." Mr. Aasatwal added, '"This is a large tenant taking 111000 sqUAre feet
promising that there would not be any fuel on premises, no servicing on premises and no
display on the road either."
Discussion.
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06/18/2004 13:25 4076998584
NIS JKREBS
PAGE 04 .
.cf
CITY 01: WlNTEft SPRINGS
DRAFT UNAPI'ItO"VS.O MI'NVTltS
PLANNING AND ZONING BOARJ)ILOCAL PLANNING AGENCY
REGULAR MBETINO - JlJ}oIE 2. 2004
f'AOG10F It
Ms. Sahlstrom stated, "1be City Attorney 1w complet~ his review or input on the
Development Agreement. It is my understanding that he will have that ready for the next
[City) Commission Meeting:.
Further <w;cussion ~
"THE MOTION IS THAT WE A.PPROVE THE SALE .- WE APPR.OVE THE
BUILDING FOR THE 5ALE OF 'JOSE VEIUCLM WIm A TESTING
FACILITY TlIAT WOULD FALL INTO mE REGULATIONS OF THE CITY
AND A PLACE WHEP THEY WOULD RETURN '{HAT WOULD FALL INTO
THE ZONING Oll'THE ClTY ALso. WIDCH MEANS IT COULD BE IN THE
CITY IF TllJ;Y WERE INDUSTRIAL OR WHEREVER. WE WOULD BE
ALLOWED TO BA VE GASOLINE - IN OTHER WORDS, TImY ARE GOING
TO NEED TWO LOCATIONS WITH TIlE MOTION I AM MAKING."
MOnON BY BOARD MEMBER BROWN.
MOnON DIED FOR LACK OF SECOND.
"I WOULD LIKE TO MAKE A MOnON. 1 WOULD LIKE TO MOVE THAT
THE PLANNING AND ZONINGBOARD/LOCAL PLANNING AGENCY
APPROVE THE APPLICANT'S REQUEST FOR THE LIST OF PERMITtED
USES WITHIN THE 'C-l NElGHBORHOOD COMMERCIAL' ZONING
DISTRICT "TO BE AMENDED TO INCLUDE ALL-TERRAIN VEHICLES AND
OTHER SMALL GAS ENGINE OR ELECTRIC MOTOR RECREATIONAL
VEIDCLES WITH A DRY WEIGIlT OF LESS TBA.N SIX HUNDRED (600)
iOUNDS, BALES.'" MOTION BY BOARD MEMBER roE.
lrlOTION DlE>> FOR LACK OF SECOND.
~, RECOMMEND DENIAL OF THE APPLICANT'S REQUEST FOR THE AlL-
TERRAIN VEmCLE AND OTUER SMALL GASOLINE ENGINE Oll
ELECTRIC MOTOR. VEIDCLE, MotoR RECREATIONAL TYPE VEJUCLE
WITH A DRY WEIGHT OF LESS THAN SIX HUNDRED POUNDS, SALES AS A
PERMI'ITED USE.. IN THE 'C-l NEIGHBORHOOD COMMERCIAL' DISTRICT." MonON BY VICE CHAIRPERSON KARR.. SECONDED BY
BOARD MEMBER BROWN. DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
VICE CHAIRPERSON KARR; AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER PO!: NAY
~QTION CARRmD.
Ms. Sahlstrom stated, ((This will go to the City Commission - the fourth Monday in
1 une. "
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