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HomeMy WebLinkAbout2008 07 28 Public Hearing 500 Third Reading and Adoption of Ordinance 2008-10CITY COMMISSION ITEM 500 July 28, 2008 Regular Meeting Consent Information Public Hearin X Re ular Mgr./D REQUEST: The Community Development Department -Planning Division requests that the City Commission hold a Public Hearing for Third 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 revised by the City Attorney to reflect the direction of the City Commission on July 14, 2008. APPLICABLE LAW AND PUBLIC POLICY Section 2 fib), Article VIII, of the State Constitution. Florida Statute 163.3194 Legal Status of Comprehensive Plan Florida Statute 163.3201 Relationship of Comprehensive Plan in exercise of Land Development Re ug latory Authority Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Code of Ordinances, Chapter 20. Winter Sprin sg 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 ls` 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 July 28, 2008 City Commission Public Hearing for 3rd Reading /Adoption 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 July 28, 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. Where are C-2 Uses Currently? 17-92 .~~ ;=~. ~- } '!v .~ w { ~ t'4 ! - ~ T i ~ ~ ~ r ?' ~, t,h E _ ~ ~ ~ ~_~ ,_~~„~J ~_~ i ~ ._... , ,~ fit` ^,'".! i ~ 1 ~` __ SR i, ~~ ~'~ f~~ ~ ~-n.,., ~.. ati . i ti' ~ i, ~~~ 4`.. w ~~ ~~~~~- f1~ ' --F ~ i 1 '.. i 'mow i L '. ,~,,, f ., r MMR/~Ar ~~~~~ t t =" , 1m j~ ~ I ~~~ t~~^r ~ I T r~It <a i~ ~ ~ ~~ •°`~- ' ., ~ i ^^[[ t 7~ li ~.- _. ~ 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 having 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 and held a Second Reading on July 14, 2008. After considerable discussion, the City Commission directed that the proposed ordinance be revised by the City Attorney and come back for a Third Reading for consideration and possible Adoption. July 28, 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. Which Zoning Districts Currently Allow Outdoor Storage? COMMERCIAL DISTRICTS: ND C-1 Neighborhood Commercial NO C-2 General Commercial Cndtl C-3 Highway Commercial INDUSTRIAL DISTRICTS: Cndtl C-C Commerce Center YES I-1 Light Industrial (3) Winter Springs began prohibiting commercial vehicles from certain residential areas as early as 1968. Currently, there are no Self-Storage facilities for commercial vehicles within the City. (4) Residents of Winter Springs could use a premier Self-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.] (5) However, Sec. 20-432 which prohibits commercial vehicles includes a very broad description of what is considered "a commercial vehicle". This is necessary as a protection of the residential areas. However, this definition may be too broad for application herein, unless the facility is actually intended for a broader application other than use as Self-Storage facility. (6) ASelf-Storage facility should be predominantly for boats and RVs and all vehicles stored on site should be required to be Licensed, Operable and in Good Repair. Additionally, the storage area should be a paved surface. (7) 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.) (8) However, Warehousing can be considered a commercial use under limited circumstances. July 28, 2008 Public Hearing Item 500 Page 4 of 4 Which Zoning Districts Currently Allow Warehousing? COMMERCIAL DISTRICTS: NO C-1 Neighborhood Commercial NO C-2 Generai Commerciai Cndtl & Ltd C-3 Highway Commercial to 10,000 SF INDUSTRIAL DISTRICTS: Ltd to 3500 SF C-C Commerce Center or Cn dtl 7500 S F YES I-1 Light Industrial (9) The Code revision is in compliance with all procedural requirements established by City Code and Florida Statutes; and (10) 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 dissenting votes from Poe and Martinez. Minutes of the meeting and a memo from each of those casting a dissenting vote were previously provided to the City Commission as part of the agenda items for the first and second readings (June 23 and July 14) and therefore, have not been included herein. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Third Reading and consider whether they desire to Adopt Ordinance 2008-10 as revised, which amends the list of permitted uses within the C-2 General Commercial Zoning District. ATTACHMENTS: A- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing and Public Noticing of City Commission Public Hearings B- Ordinance 2008-10, as Revised CITY COMMISSION ACTION: F4 Orlando Sentlnel LegatN~ ._. MIIUC MEETIIIg NOTICE Statutes,. Section 1E6.Oi05). 1 U~L i~~ CE 1NAT an I~~ .. or as eaon the tier ate:tf SEAINIOIE BIRY, OA ~uwrvisoii of tie Reedv CSE71g719 SrYLOg real from were contlaer sucn orner SE4 business os may proverly S come before them. EFF The property fo tM de-an• nexad is. AN A ppy~rwl d lent inpru sl ~HI Iee1M~NsWipi~E7s4 Orisiu! SPF Ceesry, Flerl/s, seebieleg ]f CHI sua,~~~vyae r Iw. CE No o/g1, Including thelutca~ MO1 plete legal descrlvtlon Dyy A 1 metes and boon Is av~~ nII-~ C 1 ninlpeThuridavftMOy~ 10oB ANI of tM attices of the Dktrlci. WA 1900 Hotei Plaxo Boulevaqrd, MO Lake Buena Vlsta,.Florida.' LYI ADVICE to THE 1UIUC If any' H I E De decides to a peal a HEI dec~on with resped°to any- N E i action considered at the MERi above vuDllc meeting, a 5 verbatim recror~~ of all pro. UE ceadlrgs, Includin0 teeflmo• US~ rev and evidence, may ba ST required. Stith ffacord Is not PRI provided by RCID. REI pENiONti WITN DIfAtILITIEf COF needing assistance 1o por• E~5 ticlgpte In env of th se wo- S 0 ceadlnps should con~act An• EFi ~ela Rao (IO7Y B1S-1111, /g ours In advance at The ~ DN, mwting. Ir. ANd~E ~Ap~ t~NN I NYN EM DIrIAICT TX„ COR718759 SQ2W N NOTN~~OF' mot GD estt -IIYf- DIETIYCT a.m TM regul0qrr meeting of iM Ciry Board of Sywrvisori of fM ed I Harmony Cpmmunfifv De• 111, velopment Dlsirict Is scMd• da. tiled to be Mld on Tlsnls~ toll Wt~pEf N tl f:Og a^. sane hild0 e t 900 A M.w,or Di Ingo soap fRertwtter as poaroP., shat immedlatNy follow(ng the ae i CDD meetln9 at army/ Coop Greeruides, 7151 ive Daks on Drive, Harmonr, Florldo. /0. 36. Both meetings are oven fo tM public and will be Con- prey IRCUIT COURT IINTH JUDOIRIOAL IN ANDD FF NN-- C erk of f (CIVIL 9YRKilEA~iubbs ~~dgFLORIDA IYIiMN N~~ Deputy Clerk OL570B9B1 7~ NFbITURE OF ~~ B, 15, 11, 100E - , E OF ACTION ~ s DAANAY NOiI~E_Ok:'-- or u1n07 at a near. Ing Or.. and Saphle any rlando, Orange fe Florldo. You are De to serve a wvv of ~Itten delenses, if or 11 day of April, IIA GARONER RT SEtgLLCourt Kelly GrubW Deputy Clerk , g, 15, ??, 1008 There may be occasions poiil~i are nAVlieO Ihof I rwru"nIN1 when or rears Supervl- They may avpeor at the C ~ IN ., anA and fors wiu partlciv4to Dy tele• meetlnY and be heard with elrs, dwisses phone. At th• aaove Iota- respect to the vrooaed or• editors' and olh elan iMre will W Dresent a dinances. persons or tin soeoker eelwhone so that ses elalming by any Interested person can SLS71677/ Y12gg I d under any of attend the m»ting at the t named Dafend• above location ondd.M fully informed of the dlst asloni ' faking plan, Niher Yn Dar• ~ ° ' 1~ OF ACiaN ' ton or 6y to•ohone }ammo- T , ~r n7cailons. T ID s workshop ~'RCH~CIN AND FOR 011• ~IC IN . ma be continued to a dole F Hu NINTH U I IA ATEEES FINAN• an~tlme Sertaln to be.on• ANDE ~OtS~7Y~~ FF~ gIDA LONrAI RIVE pounced of the workstwp. CASE N0. N{JI•IT7.1 ~ FL 3185 , An person req Iring epe DMINON: M WN ADDR SS claYaccommodot~ns of his Q meetlnp becauN of o d~ssoo ~~~ ~. D ~ 1a KNOWN R~51- bill}Y or physical ImooV- '~, meen} should contort Severn ~ I UniVKtlrvvDrTV1, S Iteogrpfph DA--T QX 1~~11~~0EE. ANd t uedrto i Carol Sprlnys ~-lorg00 Plalnfltts, L known persons ,13071, 195/) 7 g.Sg11 at.Jeaft WY NIHtHKe ~ ~ r. ueeee 7 10hUel~ Clolm, are lorida I. •, y-., ~ rollei Sib 1008 i4a On JYI Appmppgg ~Yele, CPA ealler .... i61cA If ` as fol- I. Hoynle, CPA omptroEMr oun Florldo ~Ne Illlt :a pofrolla Seol) 11, 1008 are as ATTACHMENT A sE SUNDAY. JUNE 15.2008 ~- • " NOTICE OF ZONING CODE GANGES CITY OF WINTER SPRINGS T I T U T E '~: ORDINANCE 2008-10 - ORDINANCE OF THE CITY COMMISSION THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING .CHAPTER 20, ZONING OF THE `~ `- BODE OF ORDINANCES TO CHANGE THE n- IrIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES IN THE~C-2 GENERAL COM- ~iIERCIAL DISTRICT; PROVIDING FOR THE RE- ' REAL OF PRIOR INCONSISTENT ORDINANCES -- AND RESOLUTIONS, INCORPORATION IN'~O ,,,'~;~` THE CODE SEVERABILITY, AND AN EFFECTIVE ; LATE. Cif of Winter Springs ..}~. ..~ _ - .. ^ refs MD e ( law.,.,w , , rology ~ ~ ~ -~~, ` agemeni ti ,~ ,. ,~~,4 ~ ,,,,' r _ C"~ ~ IJI ~ { -~ ~ s~ ~ ~~ ~ r~ ~~ ~ ING _ P ~'~ ~ n ~ . ~~` ~ ~>~ '~~ etic Neuralgia I, "~~ ` ~ -~~~ ~~ ` .• rtes , • , ~ _....._ Pain . 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 THE WINTER SPRINGS CITY HALL el Pain Research Institute, LLC 1126 EAST STATE ROAD 434 ' WINTER SPRINGS, FLORIDA ducting clinical trials 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- please call for more information day, at the City s Clerk s Office, located at 1126 E. SR 434, , Winter Springs, Florida: For more information, call (407) ' 407-622.5766 x1420 327-1800 #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 X336. This is a public hearing, Interested parties are ad- vised that they may appear at the meeting and be heard ~@~. 407.936.2070 with respect to the proposed ordinance. If you decide I~ax 407.936.207 ~ ~o appeal any recommendation or decision made at this ticaring, you will need a record of the proceedings, and ' 4106 W. lake Mary Btvd. of such purposes, you may need to ensure that a ver- ; .Suite 205 liatim record of the proceedings is made, which record ' Lake Mary. FL 32746 includes the testimony and evi nce upon which the ap- ~ ~ M, 010 l b l e • pea is ased F orida Statut s, S tion 286. 5). .~ z ~~,~ N 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 C-2 GENERAL COMMERCIAL DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. City of Winter Springs 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 COMMISSION CHAMBERS LOCATED ATTHE 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 Flatutes, Section 286.05). , JULY 3.2008 V_ ~~; ,,~: ,.,r ~. X10! ~_. ~, ~-,. . ,~~~-, ATTACHMENT B 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 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 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 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 tlus 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. ?008-10 Page 1 of 6 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 st~l~t 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 vehicles equipment. goods and materials, provided said storage occurs on real property located adjacent to a state collector road and within and adiacent to an electric transmission line right-of--way/easement. Said facility shall be subject to the supplemental regulations set forth in section 20-256. X35) A single warehouse building not to exceed 27,000 square feet and twenty-five (25) feet in height, provided the warehouse building is located adjacent to a functional railroad line and used in coniunction, 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 unless expressly authorized by City Code. Said warehouse shall be subject to the supplemental regulations set forth in section 20-256. City of Winter Springs Ordinance No. ?008-10 Page 2 of 6 *** 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 (including site plan review, open storage uses under this Division shall also be subiect to the following requirements• (1) Outdoor storage shall be screened from streets b a ten (10) foot decorative masonry wall with anv gates being opaque. Anv automobile, boat, boat trailer watercraft motor home travel trailer, equine trailer, recreational vehicle, and other vehicle and equipment materials and goods stored under this Division shall not be visible from anv public street In order to prevent visibility from public streets. the following minimum standards shall apkiy~ (il no vehicle equipment goods or materials in excess often (10) feet in height shall be stored along or adjacent to the ten (10) foot decorative masoruy wall; and (ii) no vehicle, equipment. goods or materials shall be stored on the real property in excess of thirteen and one-half (13 '/z feet in height (2) The following vehicles and equipment may be stored on theproperty' fa) Anv vehicle permitted within a residential zoning category as more specifically provided in section 20-434. (b) No more than twelve (12) semi tractor-trailer rigs. (c) Boats, boat trailers, water craft, residential vehicles, motor homes travel trailers and equine trailers. (d) Take home "on call" repair and service vehicles that are operated bypersons offduty but in an "on call" work status for responding to erner encies. ~) Vintage, classic or other vehicles which are awaiting or undergoing restoration provided that the restoration work is not performed on the property, the vehicle is fully in tact and the vehicle is not stored for a period of more than one year. (f) Service vehicles and equipment which are necessary for the operation and maintenance of the uses expressly authorized on the property by Ci , Code. (3) Unless otherwise expressly authorized in subsection (2) the storage of all other vehicles and equipment shall be prohibited. Without limiting the aforementioned prohibition the stora e of City of Winter Springs Ordinance No. 2008-10 Page 3 of 6 the following vehicles are expressly prohibited: (a) More than twelve (12) semi tractor, trailer rigs. (b) Anv vehicle that exceeds thirteen and one half (13 '/zl feet in height inclusive of any equipment, vehicles, cargo, or materials stored on top of the vehicle (c) Any vehicle reauirin~ a special permit from the Florida Department of Transportation (d) Any wrecked vehicles, vehicles being stripped for parts or vehicles awaitin sg alvage or recycling_ (e) Any vehicle functionally inoperable other than vehicles in the process of being restored as provided herein. (f) Heave construction vehicles and equipment including but not limited to dump trucks motor Graders, bulldozers. front end loaders, cranes, derricks and other earth and material excavating haulin grading and lifting equipment over 14 999 pounds of gross weight. (4) Bulk storage of flammable/hazardous materials shall be prohibited. (5) 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. (6) On-site light, minor maintenance and cleaning of any vehiclepermitted by this Division is allowed. However, the following shall be strictly prohibited: refueling, oil and engine fluid changes, major restoration, part salvage, maior part replacement engine repair transmission repair body repair, and other heave and major repairs. (7) Indoor and outdoor storage facilities for vehicles permitted under this Division shall be open to the eneral public for a space rental fee. (8) Storage of junk is strictlyprohibited. (9) Vehicles permitted under this Division shall not be used as living quarters. (101 Not more than a total of five (~) cargo or shipping containers shall be stored at any one time on the property. (11) Caro transfer operations are strictly prohibited except to transfer goods and materials City of Winter Springs Ordinance No. 2008-] 0 Page 4 of 6 to and from a warehouse building authorized under this Division (12) Trucking terminal operations are strictly prohibited except to transfer goods and materials to and from a warehouse building authorized under this Division (13) Twenty-four hour security personnel and/or securit~quipment shall be provided to provide reasonable protection of buildings located and vehicles equipment goods and materials stored, on the property. (14) The property shall not be used for fleet parking of commercial vehicles nor shall the property be used as a centralized parking facility or staging area for construction vehicles and equipment. (15) Parking surfaces on the property shall be improved to meet City paving and drainage codes. However, R.A.P parking improvements shall be permitted in stora a areas provided that the main drive aisles are paved with asphalt or concrete. 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 may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be 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 Citv Charter. City of Winter Springs Ordinance No. 2008-10 Page 5 of 6 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. ?008-10 Page 6 of 6 Date: July 28, 2008 The attached document was referenced during the discussion of Public Hearings "500" and "501" during the July 28, 2008 City Commission Regular Meeting. { HARLING LOCKLIN CONSULTING ENGINEERS • PLANNERS July 28, 2008 Ronald McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: 417 Storage & Recycling Center; Ordinances 500 & SO1 Subject: Request for a Continuance of City Commission Meeting Dear Mr. McLemore, My office received the revised ordinance for the Storage and Recycling Center on Friday, July 25, 2008. I have not had an opportunity to completely review it and would like to review it and be able to meet with city staff prior to the public hearing. Please accept this as a request for a two week continuance of ordinances 500 and 501. Sincere ~' Hugh W. Harling, Jr., P.E. President 850 COURTLAND STREET • ORLANDO, FLORIDA 32804 (40'~ 629-1061 • FAX: (407) 629-2855 • E-mail: HHarling@Hu11ngI.oclsltn.com Z'd SSBZ-6Z9-GOb utj~tao~ 9uzl~eH Wd9S~OT BOOZ 8Z Z~f .Jul ~8 2008 10:56RM Harlins Lockiin ~ ~ ~yc ' SSG ~ -L Z°E - 4f r -~ keys ~vn~op tiutPnpul ~e8od jo ~egwr~ :~(u~dwos :~a :wort :01 :oN x~~ .Sf~.•lf :owl J~4 ~~ ~ :oa•a ~~luusue.,,~ xs~ 407-629-2855 p.l CD1rW i000Q0 -1M48 ~aa0 ~ ~ ~ ~~ ~r~ ~~ m~~~~ 1~II'~ 4 ~~~~ 'ootto ~ to /you I(lpuq 'pq~ou sr you aa~ gwwya~„ 1i 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 6 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 st~eeut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance oftext 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 facilit~pecifically designed for the parking and storage of vehicles equipment, goods and materials, 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 and railroad track right-of--way/easement. Said facility shall be subject to the supplemental regulations set forth in section 20-256. (35) A sinele warehouse building not to exceed 27 000 square feet and twenty-five 25) feet in height, provided the warehouse building is located adjacent to a functional railroad line and used in coniunction, in whole or in part with the storage ofproducts that are unloaded from railroad lines for wholesale or retail sale. No outdoor storage of products and materials shall be permitted unless expressly authorized by City Code. Said warehouse shall be subject to the supplemental regulations City of Winter Springs Ordinance No. 2008-10 Page 2 of 6 set forth in section 20-256. *** Sec. 20-256. Suaalemental Outdoor Storage and Warehousing Requirements In addition to other applicable provisions of the Citv Code and other requirements imposed by the City in accordance with the City's development review process (includin site plan review), open storaee uses under this Division shall also be subject to the following requirements• (1) Outdoor storaee shall be screened from streets b a~ten (10) foot decorative masonrywall with anv gates bema opaque. Anv automobile boat boat trailer watercraft motor home travel trailer, equine trailer, recreational vehicle and other vehicle and equipment materials and goods stored under this Division shall not be visible from anv public collector road In order to prevent visibility from public streets the following minimum standards shall apply~i) no vehicle equipment, goods, or materials in excess of ten (10) feet in height shall be stored alon or adjacent to the ten (10) foot decorative masonry wall• and (ii) no vehicle equipment goods or materials shall be stored on the real property in excess of thirteen and one-half (13 ''/2) feet in height ~2) The following vehicles and equipment may be stored on the property (a) Anv vehicle permitted within a residential zonin category as more specifically provided in section 20-434. (b) No more than twelve (12~paces shall be allowed for over the road type semi tractors and/or tractor trailers desiened with fifth wheel attachment components loaded or unloaded attached together or unattached, in anv of the twelve (12) spaces No more than one (1) attached or unattached over the road semi tractor/trailer unit shall be allowed in any one (1) space (c) Boats, boat trailers, water craft residential vehicles motor homes travel trailers and equine trailers. (d) Take home "on call" repair and service vehicles that are operated by persons offduty but in an "on call" work status for responding to emer encies (e) Vintage, classic or other vehicles which are awaiting or under oing restorationprovided that the restoration work is not performed on the property the vehicle is fully in tact and the vehicle is not stored for a period of more than one year (f) Service vehicles and equipment which are necessary for the operation and maintenance of City of Winter Springs Ordinance No. 2008-10 Page 3 of 6 the uses expressly authorized on the property by Citv Code (a) Construction vehicles and eauipment stored on a trailer provided the construction vehicle and eauipment do not violate the express prohibitions in subsection (3) (h) No more than six (6) spaces shall be allowed for dump trucks and dump truck trailer units destened with spindle hitch type attachment components loaded or unloaded attached to eg ther or unattached, m any of the six (6) spaces No more than one (1) attached or unattached unit shall be allowed in any one (1) space. (i) Unlimited Dual Wheel Single Axle Truck/Trailer Units not exceeding 26 000 ross vehicle weigh~G.V. W (3) Unless otherwise expressly authorized in subsection (2) the stora e of all other vehicles and eauipment shall be prohibited. Without limiting the aforementioned prohibition the storage of the following vehicles are expressly prohibited• (a) More than twelve (12) over the road semi tractor/trailer units as described in subsection (b) Anv vehicle that exceeds thirteen and one half (13 ''/z) feet in height inclusive of anx eauipment, vehicles, cargo or materials stored on top of the vehicle (c) Anv vehicle reauirina a special permit from the Florida Department of TransQortation (d) Anv wrecked vehicles, vehicles bein stripped for parts or vehicles awaiting salva a or recycling_ (e) Anv vehicle functionally inoperable other than vehicles in the process of being restored as provided herein. (f) Except as provided herein, heave construction vehicles and equipment includin but not limited to, dump trucks, motor eraders bulldozers front end loaders cranes derricks and other earth and material excavatin hauling~gradin~ and lifting equipment over 26,000 pounds of gross weight. (g) More than six (6) dump truck/trailer units as described in subsection 2(h~ (4) Bulk storage of flammable/hazardous materials shall be prohibited (5) 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 City of Winter Springs Ordinance No. 2008-10 Page 4 of 6 permitted by the railroad company (6) On-site light, minor maintenance and cleaning of an vehicle permitted by this Division is allowed. However, the followine shall be strictly prohibited• refueling oil and engine fluid chances, maior restoration part salvage major part replacement en ine repair transmission repair body repair, and other heavy and major repairs (7) Indoor and outdoor storage facilities for vehicles permitted under this Division shall be open to the eneral public for a space rental fee (8) Storage of junk is strictlyprohibited (9) Vehicles permitted under this Division shall not be used as living_quarters (10) Not more than a total of five (5) car o or shipping containers shall be stored at any one time on the property ' (11) Cargo transfer operations are strictly prohibited except to transfer goods and materials to and from a warehouse building authorized under this Division (12) Truckine terminal operations are strictly prohibited except to transfer goods and materials to and from a warehouse building authorized under this Division (13) Twenty-four hour security personnel and/or security equipment shall be provided to provide reasonable protection of buildings located and vehicles equipment goods and materials stored, on the property (14) The property shall not be used for fleet parking of commercial vehicles nor shall the property be used as a centralized parkin facilit oY r staging area for construction vehicles and e ui ment. (15) Parkins surfaces on the property shall be improved to meet Citespaving and drainage codes. However, R.A.P parking improvements shall be permitted in stora a areas provided that the main drive aisles are paved with asphalt or concrete 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 may be City of Winter Springs Ordinance No. 2008-10 Page 5 of 6 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be 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, Flar~i~la, in a regular meeting assembled on the 11 `" day of August, 2008. _ v . ~~ 1'~~I~1~7 __ HN F. BUSH, l~'Iayor ATT AN A LORENZO-LUACES, City Clerk Approved a egal form and sufficiency for the City i er Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: June 23, 2008 Second Reading: July 14, 2008 and August 11, 2008 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2008-10 Page 6 of 6