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Home My WebLink About1996 07 08 Regular Item A .... REQUEST: PURPOSE: ~ -_/ /--- --I/....~ COMMISSION AGENDA ITEM. A REGULAR X CONSENT INFORMATIONAL July 08. 1996 Meeting MGR. jPwtVt /DEPT.~ Authorization Land Management Division requesting Commission approval of the Second Reading of Ordinance No_ 619 which will amend Sections 20-232(a)(31) and 20-252(24) of the Code of Ordinances, deleting existing uses and inserting hew uses. \ \ The purpose of this Board item is to: . I 1) delete an existing use from Section 20-232(a)(31) "Full-service gas station\ requiring that mechanical service be provided," 2) inserting a new use in Section 20-232(a)(31) "Mini-Mart (convenience store, snack shop and self-service gasoline sales)," 3) delete an existing use from Section 20-252(24) "Junkyards," and 4) inserting a new use in Section 20-252(24) "Full-service gas station, requiring that mechanical services be provided." This action will ensure that the uses allowed in the City's commercial and industrial districts are more compatible in nature with surrounding uses. APPLICABLE CODE: Code Section 1-11(b) - Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section _ of the Code of Ordinances, City ofW~nter Springs, Florida, is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired. fl July 8, 1996 AGENDA ITEM A Page 2 Code Section 1-14. Altering Code. - It shall be unlawful for any person in the city to change or amend by additions or deletions, any part of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever, except by ordinance or resolution or other official act of the city commission which will cause the law of the City of Winter Springs, Florida, to be misrepresented thereby_ Any person violating this section shall be punished as provided in section 1-15_ Section 232(a)(81) - Any other retail store or business enterpris_e not listed under any other zoning classification that in the judgment of the board of adjustment is consistent with those included above, and further, that will be in harmony with the spirit of this chapter. CONSIDERATIONS: A. This item is needed to dispose of the Commission and Board of Adjustment recommendation that a mini-mart (convenience store, snack shop and self-service gasoline sales be a permitted use in C-l Neighborhood Commercial Districts_ This mini-mart use will replace full-service gas stations, requiring that mechanical repair service be provided_ The full-service gas station will be moved to the C-2 General Commercial and Industrial District. Further, this item will delete junkyards from the C-2 zoning category_ The City already has two (2) junkyards within the corporate limits_ This action will avoid a proliferation of junk yards within the City. B. Chronology March 21, 1996 - Board of Adjustment approved forwarding the request of John Baldwin to allow a Mini-Mart (convenience store, snack shop and self-service gasoline sales) in the C-l Zoning Category to the Commission_ The Board further recommended that the Mini-Mart be a permitted use in the C-l Zoning Category. "i" July 8, 1996 AGENDA ITEM A Page 3 April 22, 1996 - Commission Meeting approved the Board of Adjustment recommendation that a Mini-Mart be a permitted use in the C-l Zoning Category_ Jume 10, 1996 - Commission approved First Reading Ordinance No_ 619 FINDINGS: A The Code of Ordinances of the City of Winter Springs, Florida can only be amended by ordinance or resolution. B. The Board of Adjustment at their meeting of March 21, 1996 found the mini-mart concept to be a permitted use under Section 20-232(a)(81) of the Code_ This section only allows the Board of Adjustment to find that a use not listed be consistent with those included in the C-l zoning category and be in harmony with the spirit of this chapter (Chapter 20). The board of adjustment recommended approval to the Commission that this be a permitted use under Section 232(a)_ C. Commissioner Ferring at the Commission Meeting of April 22, 1996 moved "to accept the Board of Adjustment's recommendation that.....to allow a mini-mart, small convenience store/snack shop, and self-service gasoline sales to be considered a permitted use..... " D_ Upon review of Section 232(a) of the Code, it was found that a full-service gas station, requiring that mechanical service be provided was an authorized use in the C-l zoning category_ Mechanical service entails such services as engine repair, oil changes, etc_ Because of this service, it was determined that this is not a compatible use in the Neighborhood Commercial District_ This use is being shifted to the C-2 zoning category. E. Junkyards are normally found in a category which allows intensive industrial uses_ The C-2 zoning category truly addresses light industrial uses. There are already two (2) junkyards within the City limits and the removal of the junkyard category will avoid the proliferation of further junkyards within the City. The only industrial land uses within the City are found along SR 419 (already built out), the Old Sanford/Oviedo Road and along US 17/92 July 8, 1996 AGENDA ITEM A Page 4 F. A review of this proposal by the City Comprehensive Planner found that this proposal is consistent with the provisions of the City's Comprehensive Plan_ FUNDING: None required CONCLUSION: Staff concludes that the proposed changes in the C-l and C-2 zoning categories is consistent with the Comprehensive Plan and will provide for a pattern ofland uses more compatible with the land use goals of the community_ RECOMlVIENDA TION: It is recommended that the Commission approve the Second Reading of this ordinance_ IMPLEMENTATION SCHEDULE: Upon approval of the Second Reading and Adoption of the ordinance. COMMISSION ACTION: ORDINANCE NO. 619 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 20-232(a)(31) USES PERMITTED WITHIN ANY C-l NEIGHBORHOOD COMMERCIAL DISTRICT (DELETING EXISTING USE AND INSERTING A NEW USE), AND SECTION 20-252(24) USES PERMITTED WITHIN C-2 GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS (DELETING EXISTING USE AND INSERTING A NEW USE), CHAPTER 20 OF THE CODE OF ORDINANCES, CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that the following amendments to the Code of Ordinances is in the best interest of the City of Winter Springs, Florida_ NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION 1 - That the following Sections be amended to-read as follows: Section 20-232(a)(31) Mini-Mart (convenience store, snack shop and self-service gasoline sales) Section 20-252(24) Full-seIvice gas stations, requiring that mechanical repair serVice be provided. SECTION IT - If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section of this ordinance. SECTION HI - That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION IV - This ordinance shall take effect immediately upon its passage and adoption. \- . .. -" '. ./JV Passed and adopted this f? day of ~4- , 1996. ~]~ JOHN F. BUSH, MAYOR ATTEST: ~~ ~~~ ITY CLE FIRST READING June 10, 1996 POSTED June 11, 1996 SECOND READING AND PUBLIC HEARING July 8, 1996 TillS INSTRUMENT WAS PREPARED BY: Donald R. LeBlanc City of Winter Springs 1126 East SR 434 Winter Springs FL 32708