HomeMy WebLinkAboutResolution 2011-17 Temporary Suspension of Enforcement of 3,500 Square Foot CC-Commerce Center Zoning District 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
ATT
And ' 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