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Home My WebLink About2011 04 25 Regular 600 Resolution 2011- 17 Suspending 3500 SF Threshold CC Commerce Center Zoning District COMMISSION AGENDA ITEM 600 Consent Information Public Hearing Regular X April 25, 2011 Meeting Mgr. / Dept REQUEST: The Community Development Department requests the City Commission approve Resolution 2011-17, temporarily suspending enforcement of the 3,500 SF maximum tenant area in the CC-Commerce Center Zoning District for one year. _______________________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________ SYNOPSIS: The Commerce Center Zoning District (CC) is a compact zoning district, located on the east and west sides of the City’s portion of Belle Avenue (not abutting SR 434). A primary reason for limiting the size of the small-scale light industrial and commercial operations in the district was to serve the community as a place for start-up businesses of an exceptionally clean and non-objectionable manner, which did not generate a lot of traffic or parking. The district is also intended to have a minimal impact on the abutting Winter Springs Elementary School, single family residential homes, as well as adjacent commercial development. The CC district limits tenant area to a maximum of 3,500 square feet or 7,500 square feet with an approved conditional use. (City Code Sec. 20-345.4(2) and 20.-345.3(5), respectively). It has recently been brought to the attention of Staff that certain businesses located within the CC district currently occupy more than 3,500 square feet (but less than the 7,500 maximum permitted with an approved conditional use). In an effort to avoid driving these businesses out of town during these trying economic times, Staff is proposing temporarily suspending enforcement of the code provision limiting the maximum square footage for tenant space in the CC district. Staff will use this time during the temporary suspension to review and analyze the CC district regulations in order to evaluate whether it will recommend and present any amendments to the City Commission for consideration. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Industrial Zoning: Commerce Center APPLICABLE LAW &, PUBLIC POLICY City Code, Chapter 20, Sections 20-345 through 20-345.4 April 25, 2011 City Commission Regular Item 600 23 Page of CHRONOLOGY July 2002- City Commission adopted Ordinance 2002-07, creating a new Zoning classification category, “I-1 Light Industrial District”, and amended the list of permitted, conditional, and prohibited uses under the existing “C-1 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 “I-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 “I-1” categories. Sept. 3, 2003- Planning & Zoning Board/LPA made a unanimous recommendation to the Commission to consider possible permitted uses to add or modify within in I-1 and C-2. Sept. 15 & Oct. 20, 2003- Commission Workshops. Oct. 27 & Nov. 5, 2003- P&Z Visioning for the commercial and industrial areas of the City. Nov. 11, 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. st Jan. 26, 2004- 1 Reading of Ordinance 2004-02 nd Feb. 9, 2004- 2Reading & Adoption of Ordinance 2004-02, establishing the Commerce Center zoning district. DISCUSSION The formation of the Commerce Center zoning district and its regulations were the product of a collaborative and iterative effort by the City, involving staff, the P&Z Board, the City Commission, and the land owners. The constrained area has a history of and appears well suited for these small industrial and commercial uses. There are few similar areas within Winter Springs that allow industrial uses. It may be reasonable to suspend enforcement of the 3,500 SF maximum tenant area during these economically unstable times, but staff believes that the suspension should be of a limited duration and recommends one (1) year. Staff does not support suspending or eliminating the maximum area threshold of 7,500 SF (permitted with approved conditional use). FINDINGS 1.The formation of the Commerce Center zoning district and its associated regulations were the product of a collaborative and iterative effort by the City, involving staff, the P&Z Board, the City Commission, and the land owners. 2.A primary reason for limiting the size of the small-scale light industrial and commercial operations in the Commerce Center district was to serve the community as a place for start-up businesses of an exceptionally clean and non-objectionable manner, which did not generate significant traffic or parking issues. April 25, 2011 City Commission Regular Item 600 33 Page of 3.Staff finds this to be the only area of the City readily available for such small start-up industrial uses. 4.The Commerce Center district is also intended to have a minimal negative impact on the abutting Winter Springs Elementary School, single family residential homes, as well as adjacent commercial development. 5.Certain businesses located within the CC district currently occupy more than 3,500 square feet (but less than the 7,500 maximum currently permitted with an approved conditional use). Staff is proposing temporarily suspending enforcement of the maximum square footage for tenant space in the CC district to accommodate existing businesses in the CC district during these tough economic times. 6.Staff will review and analyze the CC district regulations in order to evaluate whether any amendments to the CC district are in order. 7.Staff does not support suspending or eliminating the maximum area threshold of 7,500 SF. 8.Staff supports the temporary suspension of enforcement of the 3,500 SF maximum tenant area for one (1) year. FISCAL IMPACT: The fiscal impact should be the status quo or positive, by retaining these small local businesses. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City’s Website, Laser Fiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City’s Website, Laser Fiche, And The City’s Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff recommends that the City Commission approve Resolution 2011-17. . ATTACHMENTS : A. Ordinance No. 2004-02, Establishing Commerce Center Zoning District B. Resolution 2011-17 RESOLUTION NO. 2011-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, APPROVING THE TEMPORARY SUSPENSION OF ENFORCEMENT OF THE 3,500 SQUARE FOOT MAXIMUM TENANT AREA IN THE CC- COMMERCE CENTER ZONING DISTRICT FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR ONE (1) ONE -YEAR EXTENSION OF THE SUSPENSION PERIOD BY A MAJORITY VOTE OF THE CITY COMMISSION; PROVIDING FOR REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY, 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, over the course of several months in 2002 and 2003, the City staff, Planning & Zoning Board, and City Commission reviewed and analyzed the various uses permitted or conditionally permitted in the City's C -2 General Commercial and I -1 Light Industrial Districts; and WHEREAS, following several workshops and visioning exercises, the City Commission directed that a new CC- Commerce Center Zoning District be created to allow for small - scale, light industrial and commercial operations; and WHEREAS, Ordinance 2004 -02, adopted on February 9, 2004, created the CC- Commerce Center Zoning District; and WHEREAS, pursuant to section 20- 345.4(2) of the current CC- Commerce Center District regulations, tenant space is limited to a maximum of 3,500 square feet or 7,500 square feet with an approved conditional use; and WHEREAS, the existing limitations on the maximum tenant area are too restrictive for several existing businesses located in the CC- Commerce Center Zoning District, and enforcement of such provisions would likely drive these businesses out of the City; and WHEREAS, given the current downturn in the nation's economy, the City desires to accommodate and maintain the existing businesses in the CC- Commerce Center Zoning District, by temporarily suspending enforcement of the 3,500 square foot maximum tenant area; and WHEREAS, the City Commission believes that relaxing this provision of the City Code is City of Winter Springs Resolution No. 2011 -17 Page 1 of 3 in the best interests of the citizens and business owners of Winter Springs while the City reviews and evaluates the City's CC- Commerce Center District regulations; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Temporary Suspension of Enforcement of Maximum Tenant Area in CC- Commerce Center Zoning District. The Winter Springs City Commission hereby approves temporarily suspending, for a period of one (1) year, the enforcement of the 3,500 square foot maximum tenant area applicable in the CC- Commerce Center Zoning District, as set forth in section 20- 345.4(2) of the Winter Springs Code of Ordinances. All other provisions of the CC- Commerce Center Zoning District shall remain in full force and effect. Section 3. Extension of Suspension Period. The one (1) year suspension period set forth in Section 2 of this Resolution may be extended for one (1) additional one -year period by a majority vote of the City Commission at a duly held City Commission meeting. Section 4. Termination of Suspension Period. Notwithstanding any other provision of this Resolution, the City Commission reserves the right to terminate, at any time, the one -year suspension period set forth in Section 2 herein. Any such termination shall by majority vote of the City Commission at a duly held City Commission meeting. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 25 thday of April , 2011. City of Winter Springs Resolution No. 2011 -17 Page 2 of 3 Charles Lacey, May ti ATT S � I An • 4' ' orenzo- 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 Resolution No. 2011 -17 Page 3 of 3