HomeMy WebLinkAbout2008 06 23 Public Hearing 500 First Reading of Ordinance 2008-10 Which Amends Chapter 20CITY COMMISSION
ITEM 500
June 23, 2008
Regular Meeting
Consent
Information
Public Hearin X
Re ular
Lti/ l
Mgr./D
REQUEST: The Community Development Department -Planning Division requests that the
City Commission hold a Public Hearing for First Reading of Ordinance 2008-10, which amends
Chapter 20, Zoning of the Code of Ordinances to change the list of permitted, conditional and
prohibited uses in the C-2 General Commercial District.
PURPOSE: The Code revision will allow indoor and outdoor paved parking and storage of
automobiles, boats, boat trailers, watercraft, motor homes, travel trailers, equine trailers, and
recreational vehicles, under certain unique situations in areas of the C-2 Zoning District.
Any of the above described vehicles to be parked or stored on the site shall be licensed, operable,
and in good repair. Additionally, none of the above described vehicles shall be occupied as
living quarters while parked or stored on the site.
APPLICABLE LAW AND PUBLIC POLICY
Section 2 (b) Article VIII of the State Constitution.
Florida Statute 166 041 Procedures for adoption of ordinances and resolutions.
Winter SprinQS Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances Chapter 20.
Winter SprinQS Comprehensive Plan
CHRONOLOGY:
May 22, 2008-Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing on Ord. 2008-
10
June 4, 2008- P&Z/LPA considered the request and had a split vote of 2-2 on the motion to
recommend approval of Ordinance 2008-10
June 15, 2008-Public Noticing in Orlando Sentinel for lst Reading of Ordinance 2008-10 (7 days
prior to Commission consideration)
CONSIDERATIONS:
The provisions of the zoning chapter [Section 20-3] are intended to promote the public health,
morals, safety and general welfare, to conserve the taxable value of land and buildings and to
protect the character and maintain the stability of residential, business and industrial areas within
June 23, 2008
Public Hearing Item 500
Page 2 of 4
the city and to promote the orderly and beneficial development of such areas. The determination
as to whether a particular use is appropriate to a particular zoning district, is made by evaluating
the purpose and intent of the zoning district as described in its opening paragraph.
Section 20-251 describes the C-2 General Commercial 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.
This proposed text amendment to the zoning code is the result of the City Commission
expressing a desire to maximize the development potential of real property with extraordinarily
difficult development constraints such as proximity to a railroad line and electric transmission
line and a constrained capacity state collector road.
The proposed ordinance expands the list of permitted uses that would be allowed within the C-2
General Commercial Zoning district to include the storage of automobiles, boats, boat trailers,
watercraft, motor homes, travel trailers, equine trailers, and recreational vehicles with
supplemental requirements. This change will provide an economically viable land use
opportunity for a property with extraordinarily difficult development constraints such as
proximity to a railroad line and electric transmission line and a constrained capacity state
collector road.
Currently, no outdoor storage of any kind is permitted within the C-2 General Commercial
Zoning District.
Residential areas of the City and most Homeowner Associations do not afford residents the
opportunity for outdoor storage of these vehicles, whether due to space limitations or because of
restrictive covenants and deed restrictions that identify certain general nuisances associated with
the unregulated parking or storage of such vehicles.
Residents of Winter Springs could use a premier indoor/outdoor storage facility to secure their
vintage automobiles, boats, and recreational vehicles. Such a facility must be safe and secure.
The recent theft from an Oviedo storage yard of a 33-foot Palmetto custom boat and trailer,
valued at $100,000 and owned by a Winter Springs family, highlights the need for such a
facility.
Although non-tagged and/or inoperable vehicles would not be included, storage of such vehicles
is already permitted within the I-1 Light Industrial Zoning District. Other types of outdoor
June 23, 2008
Public Hearing Item 500
Page 3 of 4
storage such as fleet storage, dispatch vehicles, and/or construction equipment/vehicles are also
already permitted within the I-1 Light Industrial Zoning District.
Section 20-259. (1-1J Uses permitted.
(8) Outside storage of contractor's equipment and supplies; public storage of tagged
vehicles, boats, RVs and commercial vehicles; fleet and dispatch yards; bulk storage;
and other kinds of storage yards of non-flammable /non-hazardous materials associated
with manufacturing. (See Section 20-263 below.);
Section 20-263. Enclosed buildings and outside storage.
All uses shall be maintained within an enclosed permanent building with any outside storage
screened from streets by an 8' masonry wall with any gates being opaque.
The type of facility that includes non-tagged and/or inoperable vehicles, fleet storage, dispatch
vehicles, and/or construction equipment/vehicles would have different operating hours and
generate increased traffic impacts to an already constrained capacity roadway. Additionally, the
site amenities and security features vary considerably between this type of facility and the
facility proposed in the C-2 zoning district.
Additionally, the storage of tractor trailers, cargo trailers, car carriers, semi-trailers, flatbed
trucks, dump trucks, wreckers, fleets, moving and storage vans, construction related equipment
(such as backhoe, front-end loader, utility tractor, etc.) and other similar vehicles and non-
recreational equipment will be prohibited at the facility proposed for inclusion in the C-2 zoning
district.
FINDINGS:
(1) The proposed uses along with the associated restrictions meet the purpose and intent of
the C-2 zoning district;
(2) The code revision is in compliance with all procedural requirements established by City
Code and Florida Statutes; and
(3) The code revision is consistent with the city's comprehensive plan.
PLANNING & ZONING BOARD RECOMMENDATION:
At the June 4, 2008 regular meeting of the Planning & Zoning Board/LPA, the Board had a split
vote 2-2 on the motion to recommend approval of Ordinance 2008-10 with the dissenting votes
from Poe and Martinez. A memo from each of them describing the reason for their dissenting
vote is included as Attachment B.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of
Ordinance 2008-10, which amends the C-2 General Commercial Zoning District to allow with
supplemental restrictions, indoor and outdoor paved parking and storage of automobiles, boats,
boat trailers, watercraft, motor homes, travel trailers, equine trailers, and recreational vehicles
under certain unique situations, in areas of the C-2 Zoning District.
TENTATIVE IMPLEMENTATION SCHEDULE:
June 23, 2008 City Commission Public Hearing for 1st Reading of Ordinance
June 23, 2008
Public Hearing Item 500
Page 4 of 4
Jul~3, 2008- Public Noticing in Orlando Sentinel for 2nd Reading /Adoption
July 14, 2008 City Commission Public Hearing for 2nd Reading /Adoption
ATTACHMENTS:
A- Planning and Zoning Board Minutes from June 4, 2008
B- Dissenting Reports from Bill Poe and Ed Martinez
C- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing (May 22, 2008) and
Public Noticing of City Commission Public Hearing for First Reading, June 15, 2008
D- Ordinance 2008-10
CITY COMMISSION ACTION:
ATTACHMENTA
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/L,OCAL PLANNING AGENCY
REGULAR MEETING
JUNE 4, 2008
CALL TO ORDER
The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday,
June 4, 2008 was called to Order at 7:00 p.m. by Chairman Robert L. Heatwole in the
Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call:
Chairman Robert L. Heatwole, present
Vice Chairman Charles Lacey, absent
Board Member Rosanne Karr, present
Board Member Edward Martinez, present
Board Member William H. Poe, present
A moment of silence preceded the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Community Development Department -Planning Division
Wishes To Provide The Local Planning Agency With Information On Proposed
Legislation By The DCA (Department Of Community Affairs).
Ms. Eloise Sahlstrom, AICP, ALSA, Senior Planner, Community Development
Department spoke about "Hometown Democracy" and distributed an article published on
May 28, 2008.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Requesting Approval Of The May 7, 2008 Regular Meeting Minutes.
Chairman Heatwole stated, "Requesting Approval May 7, 2008 Regular Meeting Minutes
- do we have a Motion to accept those?"
"SO MOVED." MOTION BY BOARD MEMBER KARR. SECONDED BY
BOARD MEMBER POE. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 2 OF 11
VOTE:
BOARD MEMBER KARR: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER MARTINEZ: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
No Report.
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department -Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To
Change The List Of Permitted, Conditional And Prohibited Uses In The C-2
General Commercial District.
Ms. Sahlstrom presented this Agenda Item and stated, "It does relate to [Agenda] Item
`501'." Ms. Sahlstrom said, "This ad has been advertised in the Orlando Sentinel for the
LPA [Local Planning Agency] Public Hearing and you are being asked to make a
recommendation to the City Commission regarding this [Agenda] Item tonight.
However, if in the discussion more time is needed additional Public Hearings can be
held."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 3 OF ] ]
Continuing, Ms. Sahlstrom stated, "In closing, Staff found that the revision is in
Compliance with procedural requirements established by the City Code and Florida
Statutes and it is consistent with the Comp[rehensive] Plan. So, therefore, Staff
recommends that the LPA [Local Planning Agency] P And Z [Planning And Zoning]
hold a Public Hearing and recommend to the City Commission Adoption of Ordinance
2008-10 which Amends `C-2' General Commercial Zoning District to allow with
supplemental restrictions indoor and outdoor paved parking and storage of automobiles,
boats, boat trailers, watercraft, motor homes, travel trailers, equine trailers, and
recreational vehicles under certain unique situations in specific areas of the `C-2 Zoning
District'."
Discussion.
Chairman Heatwole opened the "Public Input" portion of the Agenda Item.
Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke in favor of this
Agenda Item and would like to have recreational vehicles instead of debris on this
property.
Discussion.
Photographs of the property were shown.
Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850
Courtland Street, Orlando, Florida: represents the owner of the property and addressed
the Board Members related to Agenda Items `500' and `501'.
Mr. Harling said, "If it is screened, non hazardous and nobody living there -anything
else with storage, open storage would be allowed. What that does is, this property is
large enough to be broken into a section that would be one hundred percent (100%) set up
for recreational vehicles which would need to be segregated, but it also has a section that
could be set up for work vehicles. The City of Winter Springs has been a leader in
aesthetics within their neighborhood community for years and years and years and as
such there are people who have signs on the side of a panel truck that are not allowed to
park them at home."
Continuing, Mr. Harling stated, "We believe that we could set up a section and we will
work with your Staff on the constraint facility, because that is something that we had not
really looked at in detail either with your Staff and or the [Seminole] County. So, we will
do that, but we feel that work vehicles for plumbers, landscapers, maintenance people,
surveyors; I am an engineer, we have two (2) survey trucks. If I could park them there
and have one (1) guy pick him up and drop him off, it would save and it would work well
I think for the City, because you have a very dynamic work base population in the City
and those people maintaining the quality within the neighborhoods, this would allow
them to go to work, come home and they would be close to City needs also."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 4 OF 11
Next, Mr. Harling said, "There are some business `Uses' that we think would be
appropriate by fleet -you wouldn't have more than two (2) or three (3) vehicles for
anybody in particular, but if you go down here a little bit, the entire school population,
school buses have a fleet right before you ever get around the corner to us on [State
Road] 419, and they certainly roll out every morning, roll in every afternoon and put a lot
of traffic on our roads and system getting to the quality schools again that we have in
Seminole County."
Regarding storage, Mr. Harling said, "Somebody should be allowed to take a vehicle in
there, store it and not necessarily be operable under the definition of operable by the
Department of Motor Vehicles. And again, you don't want those vehicles being stored in
your residential subdivisions, so this gives an option for that. So again, I come back to, I
think if we had non hazardous, screenable and no living on the site, that that would define
what should be allowed to happen in this highly specific area located adjacent to a
railroad track with power lines and a screening system put in place.
One of the things that we are negotiating both with the City and with the [Seminole]
County is a cross trail. The thirty five feet (35') that you see adjacent to the road there,
would become part of the trail system. There would beaten foot (10') wall right behind
the trail system. The trees that are along there would become County controlled as far as
-there are quite afew -black jack oaks and things like that along there and those trees
would become part of the trail system also. Then that section between the wall and the
rail would be the storage area, and if there happens to be anything that is in there at this
point in time that you were talking about, it would be pushed back to the other side of the
railroad tracks. So, I think we may be coming very close to taking care of the problems
that you were alluding to. That pretty well sums up what I believe would be a slight
modification to the Ordinance."
Discussion ensued on Zoning.
Ms. Sahlstrom said, "The `I-1' Zoning District does allow outdoor storage and it does
allow storage of commercial vehicles, any kind of vehicles; work related semi trucks,
anything." Ms. Sahlstrom added, "This change expands the `C-2' Zoning which
currently does not allow any outdoor storage even if it is protected by a wall and brings
that `Use' into the `C-2'. As it stands right now, any of those `Uses' are only allowed in
the `I-1'. So, boats and RV's (recreational) are not allowed in `C-2'. This allows part of
outdoor storage into `C-2' without allowing all of those `Uses' or all of those vehicles
into this `C-2' Zoning."
Discussion.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
addressed the Board Members on the Ordinance and "Uses" allowed.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 5 OF I I
Tape 1/Side B
Chairman Heatwole closed the "Public Input "portion of the Agenda Item.
"I WOULD LIKE TO TABLE [AGENDA] ITEM `500' MAKE A
RECOMMENDATION TO TABLE [AGENDA] ITEM `500' AND PROCEED TO
[AGENDA] ITEM `501' AND GIVE US THE OPPORTUNITY TO COME BACK
TO [AGENDA ITEM] `500'." MOTION BY BOARD MEMBER POE.
SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
BOARD MEMBER MARTINEZ: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department -Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04
Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419
On The East And West Side Of Wade Street From "C-1 Neighborhood
Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other
Restrictions Pursuant To Section 20-31(e).
Ms. Sahlstrom introduced this Agenda Item and said, "In writing this -Staff Report and
included in your Agenda Item is the Application for the Rezoning. In looking at what the
Applicant was requesting, everything that was included was stated in the Application.
So, it was stated for boats and RV (recreation vehicle) storage and that was the direction
Staff understood to be the Applicant's request and therefore, the Staff Report was based
on that.
In looking at a previous discussion at a City Commission Workshop, it was stated boats
and RV (recreation vehicle) storage. So, it wasn't expanded to include work vehicles or
where it could include any of the `Uses' that are associated with the 419 Metal [and
Auto] Recycling [Center], no semi's, it was stated very clearly boats and RV (recreation
vehicle) storage. If the Applicant wants to expand that `Use' it would be my suggestion
and Staff's that they amend their Application and their justification and do so formally
with the Application that we are reviewing tonight for this [Agenda] Item `501'."
Discussion.
Photographs of the property were shown.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 6 OF 11
Referencing Agenda Item `501' under Rezoning Analysis number (10), Board Member
Edward Martinez, Jr. said, "In order for them to institute the kind of things that the
Attorney was suggesting, you will have to make several changes or they have to
reconsider their Application or Amend their Application and then you would have to
work on it and then it would have to come back to us."
Ms. Sahlstrom said, "That would be my recommendation." Board Member Martinez
stated, "Thank you."
Board Member William Poe said, "The Justification Statement that is with [Agenda Item]
`501' was written by the Applicant?" Ms. Sahlstrom said, "Yes, that was written by the
Applicant."
Board Member Poe read the Justification Statement number ` 1' and said, "I don't see
RV's recreational vehicles mentioned anywhere in there, so my question goes back to I
don't see the Applicant asking for RV (recreation vehicle) and boat storage. I am seeing
him ask for `open storage'."
Discussion.
Ms. Sahlstrom stated, "It does talk about [Justification Statement] `13' about storage, but
it does say businesses there. You are correct on that. And actually there might be an
error in the Justification part, but I do know that in the Workshop Minutes [City
Commission Special Minutes, April 4, 2008], it simply said boats and RV's (recreational)
but I don't have that included here for you."
Mr. Stevenson clarified `Open Storage' and `Closed Storage'.
Board Member Martinez discussed "Justification Statement" number 12.
Chairman Heatwole opened the "Public Input" portion of the Agenda Item.
Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850
Courtland Street, Orlando, Florida: addressed the Board Members and said, "One of the
things that we did specifically put in the Request was that it be `Open Space' and again
we try to keep things simple. The fact there is a railroad track, the fact that the
powerlines are there, the fact that we are working with the [Seminole] County to put the
trail through there and the fact that we want to screen it, so then what we want to do is
protect what is behind the screen and also have an aesthetic view from the road."
Photographs of the property were shown.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 7 OF 11
Continuing, Mr. Harling said, "This is what the entrance would look like at Wade
[Street]. There would be -large landscape palms, it would be -the wall would be ten
feet (10') tall brought around the corner and then this is what the wall would look like.
The intent is to on three foot (3') centers to plant a ficus type vine that grows, put an
irrigation system in that would be a low water use microjet type water system, grow a
green screen along there. Two (2) things happen. You buffer sound with that and also
with the wall itself you have a major structural element there to separate yourself from
the trail and then the trail goes across the road and then you are at your residence. So,
everything would be pushed further to the north that you were discussing before and in
addition to that, you will have a ten foot (10') wall with landscaping green on it and a
good landscaped entrance coming into it."
Mr. Harling added, "Your Staff has been very, very kind and met with us many times.
And in those discussions and some of the meetings that we had with them, we did discuss
recreational vehicles, we also discussed containers, we also discussed that there should
not be anything allowed behind that wall that was greater than thirteen feet (13') tall so
that you do have the screening effect that takes place. All of those things are things that
we have committed to. We continue to be committed to and we think that by doing this
you are going to win a trail system, you are going to win a buffering system and a sound
proofing system and a screening system from this totally from (State Road) 419 you are
going to improve the entrance off the existing road system and we would just respectfully
request that you move us forward with the Zoning and also that you go back and revise
the language that has been presented to you for the -[Agenda Item] `500'."
Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke about Wade Street
and is concerned about traffic. Commented about the intersection and suggested a traffic
light. Mr. Duvall is in favor of this Agenda Item.
Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850
Courtland Street, Orlando, Florida: addressed the Board Members and stated, "We are
donating an additional ten feet (10') on each side of the right-of--way. When we do the
Site Plan, we will be required to bring the road up. The dust and dirt will go away. It
will be an industrial commercial grade road system and then we will be required also to
do any intersection improvements necessary for safe and adequate ingress and egress
from the site, which we will do."
Chairman Heatwole closed the "Public Input "portion of the Agenda Item.
Board Member Martinez discussed `Justification Statement' number `5' and `10'.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 8 OF 11
Ms. Sahlstrom said, "One concern as I already mentioned that Staff had is that we did not
feel it appropriate that a business would be operated out of the Site. If this Board wants
to expand the `Use' to include utility trailers and small commercial vehicles, I am not
opposed to that, but I would like it to be limited to certain smaller commercial vehicles
not just any commercial vehicle, because I think it is very important that probably in
opposition to what Mr. Harling said, I don't support a general description because then
there is opportunity for misunderstanding misinterpretation. It has been clear from the
Workshop, that the discussion was that this site would not be an expansion of the 419
Metal [and Auto] Recycling [Center] business. It would be a different `Use'. But it
needs to be clear in any language that is adopted that we are providing a new `Use' for
this site that gives economic viability to this property but, it also protects the residents
and acts as a transition `Use' that is not an `Industrial Use'."
Continuing, Ms. Sahlstrom stated, "Staff does not support generalizing this statement to
just say non hazardous screenable and no living on this site. That is too broad to have
any enforcement or to know what that means. But, I would support utility trailers, small
commercial vehicles but not if they are being operated as a business operating out of that
site that would generate daily traffic."
Discussion.
"MAKE A MOTION TO TABLE THIS [AGENDA ITEM] `501' UNTIL WE
COME BACK TO IT AFTER [AGENDA] ITEM `500'." MOTION BY BOARD
MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER MARTINEZ: AYE
BOARD MEMBER POE: AYE
CHAIRMAN HEATWOLE: AYE
MOTION CARRIED.
• • AGENDA NOTE: THE FOLLOWING PUBLIC HEARING WAS
BROUGHT BACK NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS
DOCUMENTED. • •
PUBLIC HEARINGS
500. Community Development Department -Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To
Change The List Of Permitted, Conditional And Prohibited Uses In The C-2
General Commercial District.
Board Member Martinez stated, "We need a Motion to bring this back up."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 9 OF 11
"I'LL MAKE THAT MOTION." "MOTION BY BOARD MEMBER KARR.
SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION.
VOTE:
BOARD MEMBER MARTINEZ: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
Discussion.
"I WOULD LIKE TO MAKE THE MOTION THAT WE RECOMMEND BASED
ON OUR PUBLIC HEARING TONIGHT RECOMMEND TO THE CITY
COMMISSION ADOPTION OF ORDINANCE 2008-10 WHICH AMENDS THE
`C-2' GENERAL COMMERCIAL ZONING DISTRICT TO ALLOW INDOOR
AND OUTDOOR PAVED PARHING AND STORAGE OF AUTOMOBILES,
BOATS, BOAT TRAILERS, WATERCRAFTS, MOTORHOMES, TRAVEL
TRAILERS, EQUINE TRAILERS AND RECREATIONAL VEHICLES IN
CERTAIN SPECIFIED AREAS OF THE `C-2' ZONING DISTRICT ALONG
WITH SUPPLEMENTAL RESTRICTIONS." MOTION BY BOARD MEMBER
KARR. SECONDED BY CHAIRMAN HEATWOLE. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: NAY
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER MARTINEZ: NAY
MOTION DID NOT CARRY.
PUBLIC HEARINGS
501. Community Development Department -Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04
Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419
On The East And West Side Of Wade Street From "C-1 Neighborhood
Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other
Restrictions Pursuant To Section 20-31(e).
Chairman Heatwole stated, "Now, I need a Motion to go back and open [Agenda Item]
`501'."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 10 OF 11
"I MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR.
SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION.
VOTE:
BOARD MEMBER POE: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER MARTINEZ: NAY
CHAIRMAN HEATWOLE: AYE
MOTION CARRIED.
Chairman Heatwole said, "Again, what the Board has been requested is to Motion, if that
is the desire and Approve [Agenda] Item `501'and send it on to the Commission for a
Public Hearing."
Discussion.
"I MAKE THE MOTION WE APPROVE [AGENDA ITEM] `501' AND SEND IT
TO THE CITY COMMISSION WITH OUR RECOMMENDATION FOR
APPROVAL." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD
MEMBER KARR. DISCUSSION.
VOTE:
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER MARTINEZ: NAY
BOARD MEMBER POE: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Not Used.
In other business, Ms. Sahlstrom clarified that if there is a dissenting Vote that those
Board Members will need to furnish a written statement for the file.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 11 OF 11
ADJOURNMENT
Chairman Heatwole adjourned the Regular Meeting at 8:31 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
ROBERT L. HEATWOLE, CHAIRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were approved at the , 2008 Regular Planning And Zoning Board/Local Planning
Agency Meeting.
ATTACHMENT B
RECEIVED
JUN - 5 X008
DISSENTING VOTE ON ITEM 500 OFFICE OF THE C TY C~E K
JUNE 4,2008 ~'d`~~
The primary reason that I voted against item 500 on June 4th 2008
was because of the restrictions included in (6). Many of the
citizens who might need and want this service were excluded by
the restrictions included therein.
I also feel that item (4) is more restrictive than it needs to be with
regard to being licensed, operable and in good repair.
William H. Poe
Member
Planning & Zoning Board Local Planning Agency
RECEIVED
JUN i 1.1008
Hon. Andrea Lorenzo-Luaces
City Clerk C~ OF WINTER SPRINGS
O ICE OF THE CITY CLERK
Winter Springs, Fl. 32708 ~~''~ Q'"~'
DISSENTING REPORT 0"
Planning & Zoning Boazd/Local Planting Agency
Regulaz Scheduled Meeting -June 4, 2008
Item #500 -Ordinance #2008-10
Item #SO1 -Rezoning of Two Parcels of Land as per above Ordinance
In my opinion item #500 is flawed and written in such a fashion that leaves loopholes for
this or other Commissions to force people to pazk the vehicles in question at this
designated place of business, something that has not been needed in our City during the
20 years of my residence.
I am of the opinion that it does not meet the essential requirements of Section 20-251 of
our Code
It certainly does not promote compatibility to surrounding areas.
Removing the trees lining the property along CR 419 leaving a barren and stripped area
tends to be less compatible to surrounding areas than at present.
It is my opinion that this issue needs further studies and an ordinance that really takes
into consideration a positive contribution to the City of Winter Springs and provides a
benefit for the residents of our City.
Item #501 - As I understand the package Item #501 was dependent on the favorable
decision of the Boazd for Item #500. Since Item #500 did not fly I did not feel that voting
aye for Item #501 was a positive vote.
Further more and since I sat through the earlier workshop covering the items in question
it was evident that the applicant, his consultant and engineer had nothing new to offer.
To the contrary they presented the very items presented during the workshop and in my
opinion the Commission was not impressed.
The wall remained the same with some green vines covering up the ugly looking block
cement underneath.
The trees that presently offer a buffer for the neighbors across the street will be gone
making the project much uglier to look at and less aesthetic.
There were no offers of vibrant and beautifying landscaping.
There was not an offer to move the long ugly wall (assimilating a prison wall) back.
The City's request to acquire amuch-needed right of way along the north edge was not
there as well as an offer to correct the failing.
For all of the above and the fact that I simply sensed a need of urgency by the applicant
leading to obviating an in depth study of the project by staff recognizing all the
ramifications involved and the fact that the project at this time does not appeaz to be of a
benefit to the City of Winter Springs and of value to the residents of our City, I voted
against both ems.
z ember -Member - P&Z/LPA -Winter Springs, Fl.
ATTACHMENT C
Sentlnel
Leg~11Vo
PURUCTM~EERNO NOTICE Slotutes,,SectianC~76~6ry01051• IN
YOyNII MALLfI ~IF!101,n2001~a TlA1 RO~APMORpOSF~MINEAS COI
pa. or as egos thereafter as, SEMINOIE COUNIY, F10100A
p racticabler the Board of
Supervisors o} the Reedv CSE72BN9 5/l7A0 - A
r•
wtn consiaer sucnorner
business os may properly
come before them.
IRCUIT COURY, Clerkof tM I:OUrt
INTH JUDICIAL(CIVIL COURT SEA~p -
IN AND FOR OR- BY: Kelly Grubbs
IUMBERLO~AA~0 ~ DODUfY Clerk
MSION MUMBEA; 3F OL5706961
IRF ITURE OF ~• B, I5, 77, 7006
1N ENC0~27661
i OF ACFION
GRAHAM
or near E.
n0 Saphle
, Oran0e
. You ore
a caPY 01
tenses, if
The vroperty to be de•an•
hexed is:
A p~rad d I+rd in pW d
Ss+th~R+~ilid27 F+s+4 On i~
CwetT, flerif+, caulei+0 91
ecre+, exne r lea
ADYICE TO THE PUBUC: I} any H I D
person decides to appeal a- HEI
decision with respect to any N E I
action considered at the MEI
above public meetin0, a ER,
verDatlm record of all pro- SUE
ceedlnOS, Includinc hstimo• USE
ny and evidence, muv be STR
required. Such record Is not TO
provided DY RCID. REI
PERSONI WITH DISABILITIES CO5D
heading assistance to par- EE
11[Ipat! In any Of 1h ee pYP-.5 ~
ceedinps should con€act An- EFF
Vela Roo (107)' 818-2211, /B .
ours in advance of thr OR
meetinD.
BY: AN6EU1 MO CIERK I
REEDY CREEK
NAPROYEMENT DISTRICT TN„
COR720759 YJ7A8 N
NO NY~~ YYOPo~ISNOP a iti
DEY9APAIEIIT OISTRICf o.m
tnrv
The reaulor meettn0 of the City
Board of Supervisors of the ed r
Harmony CVmmunlty De- 131,
velopment Disirkt Is sched• do.
uled to pe held on Tken1+ , call
M+1!t 20 2111 et 1:00 + ^. ~, son:
buCaef workshop will be Im~
or
9n
i
bC
K'
29, 7006
~R VOICE IM• veurtofcfsiuancebftie Oe
ALL 1.800.955• scripfion of the property ,
11 day of April, wa tossess dsoie uhscfolf
)IA GARDNER Iqw~s:
CERnRCATE MuINBEA: td2
rk of the Court YEAR OF ISSUANCE: 7005
RT SEAL) DESCRIPTION OF PROP-
DeputV Clerk THOMPSONS ADDITION
`T`O APOPKA CITY gp/pppyS~
6, 15, 77, 7001 F~ OF VAC RD ~N w ai Y
Both meetirns areopen ro Inc. if you decipe toe 1 ~ AWN G DE D. will be soli
+he public and will be eon- any recommendation~• NpxfN TE NT I• bidder at t
ducted in accordance wlfh fibn'rgdd by' }he Local A NJ1tiT 11; 'All SE~ cility local
the provisions of Florida Planning pentY with re• E OLOOIES LC; OR- Mionivvpn ;
law for CCommunltY Devel• spec} to any matter consid• g A POU SUg. Florida on
opment Distrkis. Copies of eyed of this 1lleetldD, You ; E ATE OF ROpI- lD:pp a.m
the agendas for these meet- will need a record of the IAA; IAyyyERS Doted: Apr
Ines mayy broDtolned from y oceedlnas, and for suth N RPORATIO Martha 0. I
Severn Trpnt Services, 71D pGrposes you moYY need to CgpAL SfRYICgE,, County Con
North UnlversitY Drive, enwrrt{~ai a verDatlm re- IDE MjUNpI FIRE OranQa Cou
Suite 600, Carol Sprlnyye, cord o} the proceedings Is C MPANY S Egpgg BV: Chrislil
clorida 33071, (95QJ53.5611. made uaan wht<h theop• UFl RY1AFLa• CY- Deput Con
peat is based. Interested AY COMDOMIIIIUM bCounty Cor
There may be occasions parties are adylied that I INC., and any L5698031
when or more 8upervl- they may appear at the C. elrs, devisees, ~~ 0, 75, 77.
sore will particlpafe DY tele- meeting and De~ heard with editors, and oth• -mod'
phone. At the above Iota- respect to the proposed qr• persons or un• APKICIITNIf
flan there will De oresenl o dinances. ses clalminp by NOTICE IS
speaker telephone so that d under any of EN that NE
onr Interested ppeerson con SL5726771 S/YJAB ~ homed Defend- the holder c
attend the meeflnD at the certificate
Above locotlon andd 6e fully ' ~ certificate fa
.informed OF 1h0 dlicusslons ~ '
taking place, either in per- ` ' - ~ OF ACTNiN Cet Ifilc~ate
son or by teeephone cammu• IN THE CIRCUIT COURT I ~ Year 4f Isst
nicatlons. T Ih s workshop pF THE NINTH JUDICIAL ~ATES FINAN- scripfion of
may be tontlnued to a date CIRCUIT IN AND FOR OM ICE, INC. and the pan
and time certain to be pn- AN6E COIfNTY~ pLORIDA LONIAL DRIVE was assessr
pounced of The workshop. ~E 110 II,CA,FT7~ FL 37653 lows:
Any Action nqulrlna sp~• UMSION:« ~WN ADDRESS YE~RCOiEFFNS
[ia accommodations of th s D ET SPAFFORD Ai iRUET- URRENT RESI• pESCRIPTII
meetvlnp because of o disc- TN~REYOyA~IIE LIYINO KNOWN ERTY: PF
Drtielnt ihoud csontacl 5evem OF NEY AFF0110 I ~ MANOR UNI
Tr nt Services, 710 North OATED A Rll 11 2005, ANd pawn belts de- 773 OR B&F
Une(verslty Drive, SyIle 0gpppp 'M~ N• BA~NI~NT k~ri raersoris 5087% d79 ON
Coral SDrinys Flarldp Plalnttfis, spouses claim- WD PARCEL
33071, (95Q 75}S~II at-~leost WY MIHCeTKe r r r. Yeme uah~nnd.~~,.w.. A1A)JVI~•+n
aYnle, CPA
r~tyr~oller
tWIIFi rlda
Nroller
~piroller SeaU
7008
se SUNDAY, JUNE 15, 2008 ~- • "
NOTICE OF ZONING
-, CODE CHANGES
~~ITY OF WINTER SPRINGS
`:' '~: ORDINANCE 2008-10
;;' N ORDINANCE OF THE CITY COMMISSION
THE CITY OF WINTER SPRINGS, FLORIDA,
'. AIvIENDING .CHAPTER 20, ZONING OF THE
• ; BODE OF ORDINANCES TO CHANGE THE
' LIST OF PERMITTED, CONDITIONAL AND
. );'ROHIBITED USES IN THE• C-2 GENERAL COM-
~ERCIAL DISTRICT; PROVIDING FOR THE RE-
hEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO
THE CODE SEVERABILITY, AND AN EFFECTIVE
DATE.
.City of Winter S~irings
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PUBLIC HEARING
FOR FIRST READING WILL BE HELD ON
- MONDAY, JUNE 23, 2008 AT 5:15 P.M.
OR SOON THEREAFTER IN THE
-COMMISSION CHAMBERS LOCATED AT
TITUTE
MD
~~TING
etic Neuralgia
Mries
Pain
THE WINTER SPRINGS CITY HALL al Pain Research Institute, LLC
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA e (ducting clinical trials in Fibromyalgia and
The, proposed ordinance may be obtained by interested COnStlpatl0n wlfh ChrOniC Opi01d Use.
parties between 8 a.m. and 5 p:m., Monday through Fri-
'
day, at the City's Clerk's Office, located at 1126 E. SR 434 'Or more information, please call
,
- Wanter Springs,. Florida. For more information, call (407)
327-1800 #227. Persons with disabilities needing assis- 407-622-5766 X1420
tance to participate in any of these proceedings should
• contact the Employee Relations Department Coordinator
,
~8 hours in advance of the' meeting at (407) 327-1800
,
#,~36. This is a public hearing. Interested parties are ad- Lake Mary
wised that they may appear at the meeting and be heard ~e~. 4~7'936.2070
. with respect to the proposed ordinance. If you decide i
to
l Fax 407936.2071
.
appea
any recommendation or decision made at this
-~. ~iearing, you will need a record of the proceedings, and 4106 W. Lake Mary Blvd.
or such purposes, you may need to ensure that a ver-
batim record of the proceedin
s is mad
hi
h Suite 205
g
e, w
c
record
includes the testimony and evince upon which the ap-
:Lake Mary, FL 32746
peal is based• Florida Statutes, S tion 286.0105). ~ .
~~A~
G'~ ./
ATTACHMENT D
ORDINANCE NO. 2008-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING OF THE CODE OF ORDINANCES
TO CHANGE THE LIST OF PERMITTED USES IN THE C-2
GENERAL COMMERCIAL DISTRICT; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE CODE
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, the City Commission hereby finds that several parcels of existing real property
are uniquely situated adj acent to a constrained capacity state collector road and a functional railroad
line and underneath electric transmission lines; and
WHEREAS, if these parcels are rezoned to C-2, certain land uses maybe distinctly suited
for these parcels that have an economic benefit to the City; and
WHEREAS, subject to additional conditions related to promoting compatibility to
surrounding areas, the City Commission desires to amend section 20-252 of the City Code, C-2
General Commercial District, to add a permitted use that may be suitable for real property distinctly
located adjacent to a state collector road and a functional railroad line and underneath electric
transmission lines including limited open storage and warehouse storage uses; and
WHEREAS, the City Commission hereby finds that this Ordinance furthers the City's
legitimate government purpose of enhancing and expanding economic activity within the City and
is in furtherance of section 166.021(9)(a), Florida Statutes; and
WHEREAS, the City Commission also hereby finds that this Ordinance is intended to add
an additional permitted use within the C-2 zoning category in order to provide economically viable
land use opportunities for real property with extraordinarily difficult development constraints such
as proximity to a railroad line and an electric transmission line; 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
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
Page 1 of 4
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning
is hereby amended as follows: underlined type indicates additions and ~ type indicates
deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter
20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 20 ZONING
***
ARTICLE III. ESTABLISHMENT OF DISTRICTS.
***
DIVISION 8. C-2 GENERAL COMMERCIAL DISTRICT.
Sec. 20-252. Uses permitted.
***
Within C-2 General Commercial District, no building, structure, land or water shall be used
except for one (1) or more of the following uses:
***
(34) Outdoor storage facility specifically designed for the parking and storage of automobiles,
boats, boat trailers, watercraft, motorhomes, travel trailers, equine trailers, and recreational vehicles,
provided said storage occurs on real property located adjacent to a state collector road and
underneath electric transmission lines. In addition, indoor storage of the same in a warehouse
building not to exceed 17,500 square feet and thirty-five (35) feet in height, provided the warehouse
building is located adjacent to a functional railroad line.
***
Sec. 20-256. Supplemental Outdoor Storage and Warehousing Requirements.
In addition to other applicable provisions of the City Code and other requirements imposed
by the City in accordance with the City's development review process, open storage uses under this
City of Winter Springs
Ordinance No. 2008-10
Page 2 of 4
Division shall also be subject to the following requirements:
(1) Outdoor storage shall be screened from streets by an ten (10) foot decorative masonry
wall with any gates being opaque.
(2) Bulk storage of flammable/hazardous materials shall be prohibited.
(3) Warehouse buildings used in conjunction with the use authorized under section 20-252
(34) may be constructed up to the railroad right-of--way boundary provided said construction is
permitted by the railroad company.
(4) Any automobile, boat boat trailer, watercraft, motorhome, travel trailer, equine trailer,
and recreational vehicle stored under this Division shall be licensed operable, and in good repair.
Said storage shall be on a paved or other stabilized surface approved by the City.
(5) Indoor and outdoor storage facilities for automobiles boats, boat trailers, watercraft,
motor homes, travel or equine trailers and recreational vehicles shall be open to the general public
for a fee.
(6) The storage of tractor trailers cargo trailers, car carriers, semi-trailer trucks, flatbed
trucks dump trucks wreckers fleets moving and storage vans construction related equipment (such
as backhoe front-end loader, utility tractor, etc.) and other similar vehicles and non-recreational
equipment shall be prohibited.
(7) Any automobile, boat, boat trailer, watercraft motorhome, travel trailer, equine trailer,
and recreational vehicle stored under this Division shall not be used as living quarters.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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 maybe
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors maybe corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code maybe freely made.
Section 5. Severability. If 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.
City of Winter Springs
Ordinance No. 2008-10
Page 3 of 4
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2008.
JOHN F. BUSH, Mayor
ATTEST:
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:
City of Winter Springs
Ordinance No. 2007-30
Page 4 of 4
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JUSTIFICATION STATEMENT
l .This rezoning request is running concurrently with the City processing an amendment to the
(:-2 zoning district in the Land Development Regulations that will allow for the restrictive C-2
rezone sought in this application, which will allow open storage as a permitted use and relief
from setbacks against the property line adjacent to the existing railroad right-of--way. Upon the
City's processing and approval of the Land Development Regulations amendment, the proposed
rezoning will be in compliance with all procedural requirements established by City code and
law.
2. The request is consistent with the objectives and policies of the Comprehensive Plan and
Future Land Use Map as it is a zoning classification allowed in the Commercial Future Land Use
designation on the subject site, and proposes to provide appropriate transition of land uses from
the Industrial to the north and the residential across State Road 419 to the south. There will be no
adverse effect on the Comprehensive Plan as no section of the Plan nor change in Future Land
use designation is being sought.
3. At this time, there is no master plan applicable to the property. However, as has been provided
in discussions with the City, the requested restrictive rezone is consistent with the future use and
development plans for the property.
4. The proposed rezoning is not contrary to the land use pattern established by the City's
Comprehensive Plan. The established land use pattern already accounts for commercial on the
subject property, no change in the established land use pattern is being requested.
5. The proposed rezoning will not create a spot zone as it is adjacent to existing C-2 designated
property to the northeast, which is the Layer Elementary School property. Further, the C-2
restrictive rezone being sought here provides a natural and intuitive use transition from the
industrial zoning to the north to the residential across State Road 419 on the south.
6. The proposed rezoning does not materially alter the population density pattern in a manner
that will overtax the load on public facilities and services such as schools, utilities, streets, and
other municipal services and infrastructure as it is seeking a rezone consistent with the Future
Land Use designation of the Comprehensive Plan, therefore, impacts for the property have
already been factored into effects on public facilities, services and infrastructure. Further, any
required impact fees, connection fees, and improvements will be met as required by City Code.
7. No, the established land use pattern already accounts for commercial on the subject property,
no change in the established land use pattern is being requested; and the subject property is
adjacent to existing C-2 designated property to the northeast, which is the Layer Elementary
School property. The C-2 restrictive rezone being sought here provides a natural and intuitive
use transition from the industrial zoning to the north to the residential across State Road 419 on
the south.
~~. The proposed rezoning is necessary to provide the property owner a manner in which the
~+roperty has viable use, while integrating into the existing land use pattern and community
harmoniously.
9. The proposed rezoning will not seriously reduce light or air to adjacent properties. No use is
planned for the property which would do such.
10. Yes, the Applicant is willing and prepared, if needed, to demmonstrate that the proposed
rezoning change would not adversely affect property values in the surrounding area.
11. The proposed rezoning will not be a substantial detriment to the future improvement
or development of vacant adjacent property. Improvements to the subject property are planned to
be contained within the property and not alter transportation impacts on adjacent properties, nor
affect the use of adjacent properties. Enhancements planned for the subject property will likely
be an attribute and positive influence to the future improvement or development of vacant
adjacent property. Vacant adjacent property is limited in the City, with only four vacant parcels,
zoned Indsutrial (I-1) in close proximity to the subject site and range in size from .57 acres to
8.48 acres.
1'?. The proposed rezoning does not constitute a grant of special privilege to an individual owner
as contrasted with the public welfare. The C-2 restrictive rezone being sought here provides a
natural and intuitive use transition from the industrial zoning to the north, to the residential
across State Road 419 on the south. The established land use pattern already accounts for
commercial on the subject property, no change in the established land use pattern is being
requested.
13. The proposed rezoning is in scale with and compatible with the needs of the neighborhood of
the City as the open storage/warehouse use proposed provides the community with a location to
store items they can not at their respective residences/businesses, whether due to space
limitations, or through restrictive covenants and deed restrictions. This particular location is
positive for the City and neighborhood as it is not located within the Town Center or 434
Corridors, but is located within an industrial corridor and will provide transition from that
industrial to adjacent commercial and residential.
14. The proposed rezoning does not violate any of the City's applicable land use regulations.
-~ 1 9
M E T A L~ A tI T O
RECD CLING CENTER, INC.
•.O i-~o
~ ~ ~
100
......... PEDESTP.I ~N ~1:~LH
^^^^^^^^^^^^^^^ 10'-O" CONCRETE
PERIMETER ~1:~LL
hfr, Bab God; Special Prajec#s ~#rector, 419 Metal ar~d ~iuto Recycling Center, 6nD Qld
,Sanford-avieda Road, Win#er Springs, Florida: remarked, "We dv have a request in, in
this Plan, tv put a warehouse an Lot..." IVlanager McLernore said, "...A warehouse
doesn't bather me..." Mr. Goff stated, "...33 and 34." Manager McLemore then stated,
"But those are typical `Light Industrial' kind of `Uses'."
Next, Mr. Goff explained, "We have never even considered putting auto salvage up there
in any way, shape or form -and if you rezone it, of course, you could classify it for the
entire range of `Uses'. We're certainly not intending to do that and if there is some sort
Qf a caveat for those 33, 34 and 35, we'd be more than happy to put that in a
Development Agreement." Manager McLemore said, "Well, I just pointed that out
something that can be worked aut."
Excerpt of Minutes from Workshop of Apri14, 2008
Continuing, Mr. Goff noted, "We can restrict those three (3} lets - we can certainly put
those three (3) lots -put it in the Deyeloprnent drder that we'll not allow the salvage
operations that you're cancemed about because it's not our concern ar inten# to mope
them there." Mr. Gaff added, "Any kind of a restriction on 33, 34, and 35 to eliminate
that, would be agreeable."
City Attorney Anthony A. Garganese mentioned, "One other alternati~+e that we could do
under the existing Code is -it's called a Restricted Re-caning process. We may be able
tv craft -- an Ordinance that would allow the proposed `LJse' far the storage of
Recreational Vehicles, Boats, and Trailers, as either a `Permitted' or `Conditional Use'
under `C-2 Zoning' and re-aflne the property accordingly and impose restrictions vn that
re-zoning according to your Cade."
With additional discussion, ibis. Boswell stated, "We are interested in working with the
City on the Restricted Re-zoning Process and we're amenable to exploring that and
working out the issues."
Attorney Garganese responded, "$vth approaches would require a Hearing hefare the
Land Planning Agency. There would be a series of Qrdinances that they would have to
consider and make a Recommendation tv you before you can have your first Hearing.
And then you would have a - possibly a series of Legislative changes, where you change
the Text to the Code and then you can have a series of Quasi-Judicial hlearings where you
actually re-zone specific pieces of property. Sa, you're looking at, probably best case
scenario, and plus you are going to need an Application of course, of sixty ~b0), ninety
(~10} days, maybe one hundred and twenty (120) days Qn the long end, if everybody does
their part and moves this forward"
Manager McLemare then inquired, "Is it the Consensus of the Commission that you
would start on this restricted caning Ordinance or is there a Consensus there? We need
to get that first decision point that allows us to move." Commissioner McGinnis said,
"Yes."
"I MOVE WE PROCEED WITH THE RE-TUNING EFFQRTS AS AN'T'HONY
~GARGANESE~ .81ST OUTLINED." 1VIUTION BY DEFLITY MAYOR
GILMORE. SECONDED I3Y CDMNIISSIONER BROWN. DI5CCT55IUN.
COMMI55IONElt McGINNIS NOTED, "RESTRICTED."
VOTE:
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER McGINNIS; AYE
COMMISSIONER B1~OWN; AYE
COMMISSIONER I~REBS: AYE
COMMISSIONER 1VIILLER: AYE
MQTION CARRIED.
004~+A4OI+PER SRQ~i~N ADD>~ ~'I i1LD ABSUME TEAT AZVTH~?1"IY
{~AN~) IS NOT GOING TU DO THIS IN A CLOSET Alm THAT HE ~S
~oz~c TO WORK CTASELY l'TH >r ~~~ AI~~D wiTS EOB
(GOFF) TO COME UP NITS AN ANT THAT ~4rD..L 1JPHOLD T~
CITY'S II~17'ICREST APIt1 EE ~ALATAH[,E TO ALL THE CObO~MONER6
AMID AID TO iTirF~DI.D THE PROPERTY RIGHTS AND OWNERSHIP
TNDEAYORB - TQAT ~'VA6 IIIiC ORIGINAL II~l'ENr W111; THAT ANI'HOI1Y
(GARGANBS~ Fi'QUI.D [~O OFF AND 8TA>~CP ~4ADRKING ON THAT ~4TrH
T1SE F~I~FC~ TO I.'014fE UP WITS 80AH~7~G TH~-T ]~ G~~AT~LE
TO EVE~Y~ODY.'"
The zoning provisions included herein uphold the property rights and ownership endeavors
Uphold City's interest.
Date: June 23, 2008
The attached document was distributed during
Public Hearings Agenda Item "S 00" at the June
23, 2008 City Commission Regular Meeting.
0~ ~~Nr~R.so
~ ~ {~~ ~~
V \ Incurpmated ~ ~
~\ 1959 ~~ '
_ /
~~OF2tOp'
Ronald W. McLemore
Ciry Manager
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
TO: Mayor and Commission
FROM: Ronald W. McLemore, City Manager ~ `~~
DATE: June 23, 2008
SUBJ: Bart Phillips Application
I have had considerable discussion with the planning staff regarding the C-2 rezoning
proposal by Mr. Phillips on property located on SR 419.
Staff has three concerns:
1. Application:
The application under which Mr. Phillips is being evaluated does not clearly specify the
types of uses he is intending to operate.
2. Warehouse:
The specific concern has to do with the intended uses of the proposed warehouse.
Warehousing which is intended to be utilized for the purpose of providing a storage place
for materials until such time that the materials can be distributed to off site retailers is
clearly an industrial use. In the Winter Springs zoning code this type use can only be
permitted as a conditional use in an industrial zone.
Warehousing that is attached to a retail storefront for purposes of on site retail is a
permitted use in commercial zones.
The Phillips property is being rezoned from C-1 to Limited Use C-2, not industrial. As
such, the Commission should be very sensitive to allowing industrial uses in a C-2 zone.
3. Outside Storage:
The ordinance specifically prohibits outside storage of any item other than the temporary
storage for certain types vehicles, which cannot be stored in residential neighborhoods.
There is a concern that the proposed warehousing, if allowed for industrial type storage,
will eventually expand to outside storage of materials and material containers, clearly
turning the site into a warehouse distribution center strictly prohibited in commercial
GUI11Ilg.
Recommendation:
1. In reviewing this matter the Commission needs to be very sensitive to potentially laying
the foundation for, and expansion of this Limited Use C-2 site to a warehouse distribution
center, clearly an industrial use.
2. Relatedly, the Commission needs to carefully specify the uses that it will allow in the
limited use C-2 zone to ensure that industrial uses are not permitted.
This will require Mr. Phillips clearly stating on the record the full breadth of uses he
intends for the property.
3. Due to the complexity of this use, and the potential time that could be consumed debating
the issue, the Commission may want to consider postponing this matter to a date certain for
a Special Meeting of the Commission, thus preserving the advertizing, and allowing the
Commission to vote once these matters are resolved to the satisfaction of the Commission
and hopefully, Mr. Phillips.
~JP
062308 BPhillips Application for Industrial Park