HomeMy WebLinkAbout2008 07 14 Public Hearing 500 Second Reading of Ordinance 2008-10 Amends Chapter 20CITY COMMISSION
ITEM 500
July 14, 2008
Regular Meeting
Consent
Information
Public Hearin X
Re ular
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REQUEST: The Community Development Department -Planning Division requests that the
City Commission hold a Public Hearing for Second Reading and Adoption 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 proposed ordinance has been amended to reflect the direction of the City
Commission on June 23, 2008.
APPLICABLE LAW AND PUBLIC POLICY
Section 2 (b), Article VIII, of the State Constitution.
Florida Statute 163.3194 Leal Status of Comprehensive Plan
Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land Development
Re ug latorv Authority
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter $prin~s Code of Ordinances, Chapter 20.
Winter Springs 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 15` Reading
June 23, 2008 City Commission Public Hearing for 1st Reading
July 3, 2008- Public Noticing in Orlando Sentinel for 2nd Reading/Adoption
July 14, 2008 City Commission Public Hearing for 2nd Reading /Adoption
CONSIDERATIONS:
The provisions of the zoning chapter [Section 20-3J 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
July 14, 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 City Commission approved the First Reading of Ordinance 2008-10 on June 23, 2008, but
directed that the proposed ordinance be revised to include an expanded list of uses.
The following_changes have been made to the ordinance:
Permitted Uses Section 20-252J:
^ Allows outdoor storage of "miscellaneous Fleet Vehicles (no dispatch yard)" and Other
Vehicles prohibited in residential areas under Sections 20-411 and 20-431;
^ Increases the warehouse building size to 27,000 SF from the previous 17,500 SF;
^ Allows Indoor warehouse storage of products that are unloaded from railroad lines for
wholesale or retail sale; Stipulates no outdoor storage of products or materials;
^ Decreases the maximum warehouse building height from 35' to 25';
Supplemental Requirements Section 20-256J:
^ Mandates that the Outdoor Storage of vehicles not be visible from any public street;
^ Allows on-site light, minor maintenance and cleaning of vehicles, but prohibits refueling,
oil and engine fluid changes, heavy and major repairs and restoration and part salvage;
^ Prohibits the storage of Junk, Wide Load Vehicles and Trailers, as well as Contractor
Yards;
^ Eliminates the previous requirement that all vehicles stored on site be licensed, operable
and in good repair;
^ Eliminates the previous requirement that storage of vehicles be on a paved surface;
^ Removes the prohibition against 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;
July 14, 2008
Public Hearing Item 500
Page 3 of 4
FINDINGS:
(1) The C-2 Zoning District is a General Commercial District for Commercial uses.
(2) Currently, no Outdoor Storage [of any kind] or Warehousing is permitted within the C-2
General Commercial Zoning District. Both are permitted within the I-1 Light Industrial
Zoning District.
(3) The City of Winter Springs has historically viewed Warehousing as an Industrial type
use not as a Commercial use. The City's lightest industrial zoning district (Commerce
Center) only allows limited warehousing (maximum tenant area of 3500 SF, unless a
conditional use permit is granted to allow up to 7500 SF.)
(4) However, Warehousing can be considered a commercial use under limited
circumstances.
(5) The opportunity for aSelf-Storage facility for commercial vehicles prohibited from
residentially zoned districts in Sec. 20-411 and 20-431 would be an asset to the
community; However, to ensure clarity in the intent of the language, Staff recommends
replacing the phrase "Outdoor Storage" with the phrase "Self Storage" throughout the
document. "Outdoor Storage" is vague.
(6) "Self Storage" can be considered a Commercial use; "Outdoor Storage" is considered
an Industrial use..
(7) Sec. 20-432 describes Commercial Vehicles in a very broad manner inorder to protect
residential areas. If it is the intent of the City Commission that tractor trailers, car
carriers, semi-trailer trucks, flatbed trucks, dump trucks, wreckers, moving and storage
vans, construction related equipment (such as backhoe, front-end loader, utility tractor,
etc.), and other similar vehicles be included as part of this Self Storage facility, then, as a
minimum ALL vehicles stored on site should be required to be Licensed, Operable and
in Good Repair. Additionally, the Storage Area will be on a Paved Surface.
(8) The Code revision is in compliance with all procedural requirements established by City
Code and Florida Statutes; and
(9) The Code revision is consistent with the City's Comprehensive Plan IF the expanded list
of permitted uses are Commercial uses.
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. The Ordinance presented to the Planning & Zoning
Board/LPA did not include the Revisions to the Ordinance noted above.
July 14, 2008
Public Hearing Item 500
Page 4 of 4
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading/Adoption
of Ordinance 2008-10, which amends the C-2 General Commercial Zoning District and requests
that the City Commission consider whether they support the permitted uses and supplemental
restrictions as revised. Additionally, Staff recommends the following minor changes to the
revised Ordinance:
1-Replace the phrase "Outdoor Storage" with the phrase "Self Storage" throughout;
2- All vehicles stored shall be Licensed, Operable and in Good Repair; and
3- Vehicles shall be stored on a Paved Surface.
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 and
Public Noticing of City Commission Public Hearings
D- Ordinance 2008-10, as Revised
CITY COMMISSION ACTION:
ATTACHMENTA
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL 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 I{ARR. 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 11
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 c4c 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 ll
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, Apri14, 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 I 1
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 c4c 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 PARKING 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 -TUNE 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 M[NUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -JUNE 4, 2008
PAGE 11 OF 1 I
ADJOURNMENT
Chairman Heatwole adjourned the Regular Meeting at 8:31 p.m.
RESPECTFULL Y 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 ~OpB
DISSENTING VOTE ON ITEM 500 OFf CE OF THE C TY C RK
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 1 11008
Hon. Andrea Lorenzo-Luaces
City Clerk o ~ IcE of THE CITY CLERK
Winter Springs, Fl. 32708 ~~'~ p~'
DISSENTING REPORT 00 `"'
Planning & Zoning Board/Local Planning Agency
Regular Scheduled Meeting -June 4, 2008
Item #500 -Ordinance #2008-10
Item #501 -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 park 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 4191eaving 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 Board 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 eazlier 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..
1/ _ z ember -Member - P&Z/LPA -Winter Springs, Fl.
.~
ATTACHMENT C
F4 Orlando Sentlnel
Le~~ N~
t1UlUt MEETING NOTICE Statutes,: Section 286.0105).
TOU T~82p8,~2C0EgiNAT on
~a he , at RII SEMMiO~NTY, MAIOA
va. or soon t reafter as,
ppractlcabler thv Board of. CSE728719 ~ 571A8
Suvervisors o} the Reedy
Creek Improvement Dis•
tract will meet in regcular THE ~1'~~~~
session at 1900 Hotel PlaxaG,n„~,e,
Boulevard Loke Buena Vis•
ter, Florlao. At that time MSMEA ~
rexlnyY I
from 1M
IRCUIT COURT, ClUerk of IM'Courl
iINTH ,IUpILIA (CIVIL CO RT SEAL) '-
IN AND FOR Oi~
BY: Kelly. Grubbs
IUT-~Yd~E~ a~~~~I1I~ DeoufY Clerk
M
81BN MWABE
O
k 28
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i
ENI
URE OF L5108981
~• 8, IS, 22=
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1
E OF ACTION 1
GIIAl1AM NOTIq,E pF:
o~ the Sto{e~of•~lorida and FOR THE REPEAL OF frig ~wr or or near E. ue ussessea ore
Dr.. and Sophie Im'''
Drovidin an eRectlva dtlle PRIORINCONSISTENT pny rlando, Orange CHI~RCATE TN:1
9 ORDINANCES AND RFkSO- Florldo. You are YEAR F SSUANI
of sold tle-annexation. That fe DESCRQPi~ION 0
will consider such other LOTIONS I CORPO A- De to serve a wpY of
business as may properly TT10N INl`0.. HE CODE ;itten delenses, it ERTY: J W JD E
come Oarore them. SEVERABILITY AND AN .fie Assistant Gener- TO WINTER /
EFFEEEtCTIVE DAVE. let for the Orange F/131 E iR OF L 1
The vrovarfv to be de-an• GADNIANCI 2AM•1f heritt's Office,' Le• BLK 12 OR B8P !
vexed Is; AN ORDtNANC~ OF THE the Ices Section .2500 ON 08.20.99 INST W
A groat d Islll w al CITY COMMISSION OF Ir vial Drive, brlan• PARCEL ID 12171
F w?f M/ ~~8p~~U THE CITY OF WINTER ~ a 32801 within JO Namt in which as
~wts, RuBe 27 Esst, Oris a SPRINGS FLOR DA ~ Ispublkallon,and EUGENE LOUIS F
Calsry, Fbdls, sableDlg 98 CHANG NHS TH'E Of~IN~s a onaclnol with the g HECTOR ESCAL
MAP pE51 NA ION F this Court either
eua, awn of IIeL ~.• ~...._.Q el_0 rvlr•s ,.,. o~s•1__ ALL e} 1n1A erA..."1
ADVICE TO TXE 1UIUC If onYIHIBIT •A" ATTACHEDI1ke~5ABIL~(TY WHOIDa~' Ap-•it-~i
xrsan decides to appeal a NERETOl_,~ROM _ C lldeuv a rnu..,. MerrA n u,...._ -~e.
requuaa. auto recora le not sly PLEA- CON- ~• iS, 22, 29, 2008
provided by RCID. PROVI01 G FOR HEi~ o URT ADMINIS-
REPEAL OF PRIORI AT 125 NORTH ~~p
iEN80Ni WITN bIBANILITIEB CONSISTENT ORDINAN An E AX 0 E0 ---
needing osststand 1o por• E5 AND RESOLUTION inygNDOUFtS3718T0E NT}CE IS HEREgy 0 ~(.
litigate In any of ihpse prc SEVERABILITY AND AID PpIUI ( ~ ~f iIEPTUNE 1 L~C
ceedfnps should contact An- EFFECTIV DAVE. fh ONE ~~y1y,07gg) 76• the ho dsr of the flo0llo}wlntlY
Beta Rao (I07) 828.2211 IS thq yINUR RECKrPT certl}kcte for csTAX DEED
hours in advance of the ON,WEDNFSpAY,,NNE-6.2001 of;DSCUMENT; IF fo be Issued thereon The
mwling. AT TI6__ 64.011 ii>EVNlltl der ,
Q~pA~ ~wix;Dl sa~ REVAORiCCNE IIIM: Yenrif0p}c~eiuancebtlie Oi
!T: µREEDT CNE~K IEItl( ^'-"'~~ ~ CALL 1•BDO.955• scriptlon of the property
N/PAO OIIINICT TXE PRWO NAIL and the names In wAlch I~
~yy~~A~pr Is 21 day of April,wos assessed are as fol•
COR728759 S/12A1 ^erlse f Nro c1gYDIA GARDNER OEENTIRCATEf NUWU9lN1C~E
AN The proposrd ordinances URT SEtAAaI,Court OESCRQP710N DF PROP
NOTI ~ IDfSN01 may De InsMCted by Inter- N~Y: Kelly Grubbs ERTY• gRApSHAW ANp
N INIITT eshd parties between B ry. peputY Clerk THOMPSONS AD TION
D 911EIiT DIITNICT o.m. and SS p.7n Monday er pI p~
through Frltloy1Ce ~ tah' ss LTOTS bOSt S6 i S7 8 /3p
9o~ordegftor meeting of the Citys Clerks OOffft Oc yl, 1, 15, 22, 2008 p
SSUpervisor of the ed at 1126.Eest 8fats Rsod T OF VAC RD ON W LK
Harmony Coommun tr De ~I• Forn mor5i In~r~ma11 n fs I FORT A~ A PARCEI. ID / 09.21.21•
velopment Dlstrkt ilsoled- 0868.01510
uled to Mld on TYlyde-I call 007) ~2711ppA227. Per• F ORIDA Name In which ossefsed:
Meg N 2111 al 8:00 a w. A sons with disabllitles need• ~; ~A,~-~ FIRST ANTIOCH MI SION•
Dud e~ workshop wl~l be Ing assistance to portlciPate ARY BAPTISTTT CM RCH
helot 9:00 A,~, or as In onY of these proceedPngs .~~rlr,.- Of PL ~ OUTH A L of
soon thereafter as possible, should contact the fmplov XXX~TTTIIIIIII bj,~ sCooldo property being n the
immediately following the ee Relations Department A E 2M7.1 Fbu l y of Orange, Slob of
CDD meetin at armonv/ T:oordina0tor A hours In ad• AI T R M CE& r d--a.~~ nless sucArorocPwserrfll-
Drierit~ ~r. 141a1d~o.ks 36~Thi7ii8o~pu~Xlenhear~ (~ deserlDedolnowchcMifitkote
Both meetings an OWn fo ~pg; if you deciQe to gppeal • G 0 0. will D° sold to the hlNhest
the vublk and will be CO[M onv recommendotlo dacb ~ E N 1, bidder of tM Training Fp•
ducted in accedence with ~iba'rrlbtl~ bv'th4 local A I;' E; cllltY laolsd of 2010 East
the vrovislons of Florida tanning gencv with re• LOBIE ;8p. Michlppn Streit Orlendo
Law for CCommunity Devel• sped to any matter consid• ~ Floritltl on Jun-19.2001 0~
opment Dldrkfs. Covlas of Bred at this lnwtidg, You .0 10:op a.m
the agendas for iMU meet- will need a record of the M . ~ Doted: Apr•il•2ppp8
Ines mayy be oDtalned from p oceedings, and for such ~ T Marfho 0. Mav2nli, CPA
Severn Tr nt Services, 21D .pGrposes you mayY need to County ompfroller
North Unfverslty Drive, enwre ihtli a verDaflm re• pLW ~ OranoeCCounty~ Florida
Suite 10p,Corot SpprlnYYS, cord of the procgedinps is C u1AN ~ 8 i l~: By' Chrltfle Willis
9orida >J011, (95Q.751S1/1, made upon whltD the -ap• Devuty Comptroller
peal Is based, Interested AT ~~~ WI M (Coup y Comptroller SeaU
There may be occasions PPorifas are advised ihaf I IN „ ona any 0L5698821
when One or more Supervl• they mov appear at the C eln, devliees, ~• 8, 95, 22, 2008'
son will partlCEpp4Qfe Dy tele- meeting sad De heard with editors, and ofh•
phone. At iM abaVe IOCa• rgspecf fo the proposed or• ~ persons pr un• Tp EEp
lion there will be present a dinances. sea claiming by N TI IS H R BY GIV•
speaker telttpvho~ne so ihaoi d under any o~ EN flat NEP UNE 1 LLC
aa~enidnt~hesfed ling at the SL5726771 Sr12AB ~ named Delend• the holder of the Pollowina
otxwe location andfx fully certificate hat }II d solo
,informed of iM discussions ~ certillcate for o TA)F DEED
taking place, either In Der• ~. ~ '' ' y~ to be issued thereon. The
son or Dr toephone comrtw• 7 E IF ~ ACTION ' Cerflfuicate number and
nicatbioens. 7 ih s workshop I F THE N NTH UDC AL ~ATEE,S FCINAN• sclofioo of 1Meproperty
anadvfime urt°len to bedaoe ECUIOI~N7NY M~O~ DAB LONfAI DRIVE w°i chisissedsoie chi~folf
pouYnced at ttN w~o~rrkshop.e CASE ~~' M I( FL 021157 ktwS: NUIIIEk
clcl accror~nnmard~atlorii otsfhis ~ j~ dWN ADDR SS EY AR - ISS A CE• 2005
meeting Decease of o di D TT 8 URRENT R SI- DE CR I pR p.
DilitY or physical ImvoU- ~ T~~pl~rl; ~~ I l tl E ~~ help de• 7 3 ORR II~P ~ 9 jB1 pN
m~etnt should contact Severn ~ E~ 66 //22
Tr nt 8ervpicrr•s, 210 North JAASEf N IAUKM~NT tees, creditors 07.02.96 INST QC 0 B6P
Unlvsrsify ppl~rnr1lpyve, SyIle ~00 PlalnNtts known persons S8t11/1629 ON 11.17.99 INST
C~y~~o,~1n 119SS1)r7S3.5~/l alt leoi ~sp0uses claim- WD PARCEL ID s 0&22.28•
Y+" WY N/IererK! 111'• IllRee IIOh~nnA .,,n N.. A7e1JrIlM
-
L iooe ~ • -
AY JUNE 1
~~ a
----- ;
SE SUND
S,
NOTICE OF ZONING
CODE GANGES ~ '
: CITY OF WINTER SPRINGS ~ V T E
T 1 T
~` ' ;: ORDINANCE 2008-io
,,
., f ORDINANCE OF THE CITY COMMISSION
THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING .CHAPTER 20, ZONING OF THE F~~=
: ~ BODE OF ORDINANCES TO CHANGE THE ~:_~`.
IrIST OF PERMITTED, CONDITIONAL AND
. hROHIBITED USES IN THE•C-2 GENERAL COM- ~ ~°
~ERCIAL DISTRICT; PROVIDING FOR THE RE-
REAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION IN'~O ,~',
THE CODE SEVERABILITY, AND AN EFFECTIVE
LATE.
Cit~of Winter Springs
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. PUBLIC HEARING
FOR FIRST READING WILL BE HELD ON
-MONDAY, JUNE, 23, 2008 AT 5:15 P.M. h
OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
LLC
in Research Institute
al P
THE WINTER SPRINGS CITY HALL ,
a
1126 EAST STATE ROAD 434
• ~~' WINTER SPRINGS, FLORIDA ducting clinical fiats in Fibromyalgia and
The. proposed ordinance may be obtained by interested 'Constipation w~h Chronic Opioid 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, for more information, please call
• Winter Springs, Florida. For more information, call (407) ' 407.622.5766 21420
327-7800 #227. Persons with disabilities needing assis-
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, Lake Mary
~Z36. This is a public hearing. Interested parties are ad-
vised that they may appear at the meeting and be heard "T@~^ 4~7.9.36.2~7~
with respect to the proposed ordinance. If you decide IFaX 407.936.2~7~
to appeal any recommendation or decision made at this 410ti W. Lake Mary Bivd.
~. ~i~garing, you will need a record of the proceedings, and
;: of such purposes, you may need to ensure that a ver- ; Sutte 205
liatim record of the proceedings is made, which record ' Lake Mary, FL 32746
includes the testimony and evi nce upon which the ap- 4,
peal is based• Florida Statutes, S~tion 286:OIOS).
~Y~
H4
-'1 SE THURSDAY. JULY 3.2008 IL
NOTICE OF ZONING
CODE CHANGES
CITY OF WINTER SPRINGS
ORDINANCE 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, CONDITIONAL
AND PROHIBITED USES IN THE G2 GENERAL
COMMERCIAL DISTRICT; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE
SEVERABILITY, AND AN EFFECTIVE DATE.
PUBLIC HEARING
FOR SECOND READING AND ADOPTION
WILL BE HELD ON
MONDAY, JULY 14, 2008 AT 5:15 P.M. ~
OR SOON THEREAFTER IN THE i
COMMISSION CHAMBERS LOCATED
AT THE WINTER SPRINGS CITY. HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be obtained by interested
parties between 8 a.m. and 5 p.m., Monday through Friday, at
the City's Clerk's Office; located at 1126 E. SR 434, Winter
Springs, Florida. For more Information, call (407) 327-1800
#227. Persons with disabilities needing assistance to
participate In any of these proceedings should contact the
Employee Relations Department Coordinator, 48 hours in
advance of the meeting at (407) 327-1800, #236. This is a
public hearing. Interested parties are advised that they may
appear at the meeting and be heard with respect. to the
proposed ordinance. If you decide to appeal any
recommendation or decision made at this hearing, you will
need a record of the proceedings, and for such purposes, you
may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony
and evidence upon which the appeal Is based Florida
Ftatutes, Section 286.05).
;4
~. ~
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r
City of Winter Springs
ORDINANCE 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 adjacent 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 may be 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 maybe 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.
City of Winter Springs
Ordinance No. 2008-10
Page 1 of 4
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
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 s#~i1Eea~tt 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:
***
~) Outdoor stora a fg acilit~pecifically designed for the parking and storage of automobiles
boats, boat trailers, watercraft, motorhomes, travel trailers, equine trailers. miscellaneous fleet
vehicles (no dispatch yard), recreational vehicles, and other vehicles prohibited in residential areas
under sections 20-411 and 20-431, provided said storage occurs on real property located adjacent to a
state collector road and within and adjacent to an electric transmission line right-of--way/easement
Said facility shall be subject to the supplemental regulations set forth in section 20-256
(351 A single warehouse building not to exceed 27.000 square feet and twenty-five (25) feet
in height, provided the warehouse buildin is located adjacent to a functional railroad line and used
in conjunction, in whole or in part. with the storage of products that are unloaded from railroad lines
for wholesale or retail sale. No outdoor storage of products and materials shall be permitted
City of Winter Springs
Ordinance No. 2008-10
Page 2 of 4
***
Sec. 20-256. Suuplemental 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
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 anv gates being opaque. Any automobile, boat, boat trailer. watercraft motorhome travel
trailer, equine trailer, recreational vehicle, and other vehicle stored under this Division shall not be
visible from any_public street.
(2) Bulk storage of flammable/hazardous materials shall be prohibited.
Warehouse buildings used in coniunction 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) On-site light, minor maintenance and cleaningof anv automobile boat boat trailer
watercraft, motorhome, travel trailer, equine trailer, recreational vehicle and other vehicles stored
under this Division is allowed. However, the following shall be strictlyprohibited• refuelin oil and
engine fluid changes, heave and major repairs and restoration and part salvage
(51 Indoor and outdoor storage facilities for automobiles boats boat trailers watercraft
motor homes, travel or equine trailers, recreational vehicles, and other authorized vehicles shall be
open to the eg neral public for a space rental fee.
~6 Storage of iunk is strictly prohibited.
(7) Contractor yards, which is defined as a location primarily used for the storage of
construction vehicles and equipment, are strictlyprohibited.
(8) The storage of vehicles and trailers that are classified as wide load vehicles and trailers
are strictlyprohibited.
(9) Any automobile, boat, boat trailer, watercraft, motorhome travel trailer equine trailer
recreational vehicle, and other authorized vehicles stored under this Division shall not be used as
living_quarters.
City of Winter Springs
Ordinance No. 2008-10
Page 3 of 4
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior 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 may be 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.
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.2008-10
Page 4 of 4