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HomeMy WebLinkAbout2008 08 11 Public Hearing 500 Adoption Ordinance 2008-10CITY COMMISSION ITEM 500 August 11, 2008 Regular Meeting Consent Information Public Hearin X Re ular ,~` ~ i ~~ Mgr./Dept REQUEST: The Community Development Department -Planning Division, along with the City Attorney and City Manager, request that the City Commission continue the Public Hearing for 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 purpose of this item is to add additional permitted uses under the C-2 General Commercial Zoning District. APPLICABLE LAW AND PUBLIC POLICY Section 2 (b). 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 Regul,~atory Authority 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, which was continued for further ordinance revisions. July 28, 2008 The continued Public Hearing for Adoption was Postponed CONSIDERATIONS: August 11, 2008 Public Hearing Item 500 Page 2 of 6 1. Properties located along the SR 419 Corridor, which are located under an existing electric transmission line and adjacent to the City's only functional railroad line and industrial zoned property, are subject to substantial site development constraints and conditions. These constraints and conditions are relatively unique for these properties because of the coexistence of the electric transmission line, railroad line, SR 419 Collector Road, and the Industrial Park. 2. These properties also provide a unique economic development opportunity relative to the use of the railroad line. 3. In addition, these properties have substantial limitations for acceptable land uses and are subject to severe building constraints because of the existence of the transmission lines. 4. Bart Phillips, who owns a significant amount of land along the SR 419 corridor that is subject to the aforementioned constraints and development challenges, has requested that the City Commission consider a Code change to afford these constrained properties additional commercial land uses appropriate for these properties. Particularly, Mr. Phillips has requested that the City consider allowing limited warehousing used in conjunction, in whole or in part, with the storage of products that are unloaded from railroad lines for wholesale or retail sale. He has also requested allowing the parking and storage of vehicles, equipment, goods and materials, which he states will be an acceptable use under the electric transmission lines. 5. 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 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. 6. While the proposed ordinance would authorize these two new uses in the C-2 zoning district, the proposed ordinance would also make these uses subject to numerous other conditions. These conditions are designed to mitigate any negative impact- these uses August 1 1, 2008 Public Hearing Item 500 Page 3 of 6 could have on surrounding properties. Generally, one warehousing facility would be allowed in conjunction with railroad line, not to exceed 27,000 square feet and 25 feet in height and subject to other conditions. Further, the following supplemental conditions will apply: (1) Outdoor storage shall be screened from streets by a ten (10) foot decorative masonry wall with any gates being opaque. Any 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 any public street. 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 along 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) Any 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 by _ - persons off duty, but in an "on call" work status for responding to emergencies. - (e) 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 City 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 storage of the following vehicles are expressly prohibited: (a) More than twelve (12) semi tractor, trailer rigs. August 11, 2008 Pubiic Hearing Item 500 Page 4 of 6 (b) Any vehicle that exceeds thirteen and one half (13 '/z) feet in height, inclusive of any equipment, vehicles, cargo, or materials stored on top of the vehicle. (c) Any vehicle requiring a special permit from the Florida Department of Transportation. (d) Any wrecked vehicles, vehicles being stripped for parts, or vehicles awaiting salvage or recycling. (e) Any vehicle functionally inoperable other than vehicles in the process of being restored as provided herein. (f) Heavy 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, hauling, 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 vehicle permitted by this Division is allowed. However, the following shall be . _ strictly prohibited: refueling, oil and engine fluid changes, major restoration, part salvage, major part replacement, engine 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 general public for a space rental fee. (13) Storage of junk is strictly prohibited. (9) Vehicles permitted under this Division shall not be used as living quarters. (10) Not more than a total of five (5) cargo 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. August 11, 2008 Public Hearing Item 500 Page 5 of 6 (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 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 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 storage areas provided that the main drive aisles are paved with asphalt or concrete. 7. Because the two new permitted uses have significant locational restrictions that are not applicable to the other existing C-2 permitted uses, such as being located adjacent to a state collector road and within and adjacent to an electric transmission line right-of- way/easement (Outdoor Storage of Vehicles), or located adjacent to a functional railroad line (warehousing), the two new C-2 permitted uses under Ordinance 2008-10 will not be permissible in most of the currently C-2 zoned properties throughout the City. The two new uses will likely only be allowed on C-2 zoned property along the SR 419 Corridor because that is where the railroad line is currently and there is an existing FPL electric transmission line running along SR 419. 8. The current City Code prohibits the storage of certain commercial and recreational vehicles from residential areas. Therefore, facilitating the creation of an appropriate storage facility for the storage of commercial and recreational vehicles for the residents of Winter Springs could be beneficial to the public by assisting with code compliance issues. Furthermore, having such a facility could assist the City in enforcing its commercial and recreational vehicle storage restrictions imposed on residential areas. However, if such a facility was opened, it must be take adequate steps to provide 24/7 security. A recent theft from an Oviedo storage yard involving 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 secure vehicle storage facility. 9. Given these considerations, and the numerous safeguards being imposed to maximize compatibility of the proposed uses with the surrounding areas, the City Commission could reasonably find that the proposed ordinance serves a legitimate government purpose. August 11, 2008 Public Hearing Item 500 Page 6 of 6 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 continue the Public Hearing 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 C- Letter from the City Attorney itemizing two additional changes proposed by Bart Phillips and his consultants on August 6, 2008. CITY COMMISSION ACTION: F4 ()17ando Sentinel THURSDAY, MAY 2~, 200E Lec~alNo,. • lMIBUt IIEETINO NOTICE Stolutes,:Sadian 486.0105). FN CIRCUIT COURT, clerk~of fML, YOD wRLT~ ~TNN~T~ BF p COU NIN ANDUDOCIAL (CIVIL Ca~YRKeIIV~G ubbs Fpa. or m soon 1 reaffer at• 8Ea1~ IrtY~R, IOA UNTUMYd FLOFRIRDAOIF 9 'DepufY Clerk Superivfsori of t^e Reedv~ CSER87i9 ~~ 571AB ~ ~ OL5700981 Creek Improvement Dis• F FEITURE OF ~• 8, 15, 44, 4008 t~kt will 'meet in re for THE CIIY. F M ENO seeeion ar 19ao Hotel ~Ya:a ~~~~; IN Nom, Boul void Loke eueno' Vis- ti , . , ta, ~lorlao. At that itme COMS EN C. Ioi inev will consider prodosed glpl 4~.t8 OF ACTNIN r Resolution No. IB de•on- OR INANCE OF THE FA ,rexinRcgrtgin~proQe~ty tA1Nrv'~nMMISSIr1N nra DMNAM NB~_OL`_. _ __ at or .. Dnd DUSlnfaf D3 may DI CDm! txrore them. The Droperfv to be hexed is: A pmxA rJ leei kl ~~e'sa b ss1 ~}ew Ieet1, R qe 21 Efa. Geeq, FYIerNs, ewfel sera, isle r lea n ~ner eeal! 4008 ew Icao twr) rse•xxn; ee . r mwf ~n advdnce of the ON, tN~MEtOAY; , E 6.4001 !! 11 nq YOUuR RECEEPPT ~; DOCUMENT• IF , cei{Iflmfe %or c'T`AJP D ES to W Issued th s ~ GFNK ~ er. IIM- a~OREVAOICNE ~ CALL 1.000.955- ereon, fte YeurlFOf PeiuanCebtlie di scripfion of th D u~ IMPA DltiRltT THE NAIL COR728759 SrJ4108 ~~ '~~ Is ?t day of AWII, 1 ~rD1A GARDNER e roperfy wus taisassed are ahicfolf TM Proposed ordinances NOTI 01 mov De ni spected Dv inter N NBI~WI~p ested parties between 0 q lerk of the Court URT SEAL) Yo OePU Ck k ~ ~~ E GHEE ESCRIPTIOU Df PROP p ppNN pp EHOY~ SON A DHIEIAFBRIfF U1111CT a.m. and S p. MondoY e p gr tflrouOA FrldoY, 0a;0ttot e 8 aria oof ISUwrv ss`as of t1hMs edit nt 126 EcssONSkfdti Reod ry r e ~. B, 15, 34, 400e P S DDITION T8 Mph 4~n TLT pF y ~ R~ p~ W~ fir P tM oubl~tia~id will peen ro fp0; l( rou deciQi to gppeal E a bldds~of heroTrainla90 F ccpps~.. pny recommendaflo ec ducted in oeeordontt vlllh 41dn'1notl~ by t^e Lhocpl N k cillty located of 4010 Ea the provisions of FPorida lannin0 goner wit re• l0 iE ~; Mkni9pn 3treef, rlend Law for Communittyy Devel• sped to apnnY mouef calsid• Florla6 on Jun-19.4008 1 opment Districts. Copks oft ered at 1^~i meetln0, Y9u I; 10; a.m. tM aeendas for these.mee • will need a' record of f^e . Doted: Arx•11-Toot InOS ma~ be obtained from ~pfoceedln0s, and for such ~' Tp Martha 0. Haynie, CPA Severn rTnt Services, 410 .pOrbosa YOU may need to ~ ~ounry Comptroller vor.th Un versify Drive, enwre'iflat a ver im r9• raneae ounty~ Floritlo Suit 800, Carol Spprlnyyt, cord of the Prot edin0s Ys M ~1 By: CArisfie Wlllls clorPda 33071, (951),753.5611. made upon whicC~ the ap- U L BYALB• Deput~ Comptroller peat is based. Inhresfed A ggONBO~MINi M County Comptroller ko0 There may be occasions Parties are advised that I INC-, an any OLSd96631 when W morQ Supervi• then may appoor of the C ' ~ Sq, t, 9 , 7J, 4006' sVrs will p~tklo4to DY tek- meetlny and De~ heard wtth airs, dev saes, phone. At t~ agave Iota- r sped to iM proPaeed or• edlfora, and oth• 4 ~ persons or un- A9YLICATNIN DElD flan 1Mre wil tM prosenl o dmanca. ses croiminD by NOTICES ISS H REBBY GIV speaker telephone so that d under any of EN 1Mt NEP UNE 1 LLl otfendtfheslW~pe~ at fan SL5746776 SfJ4A8 ~ homed Delend• tM holder of the tollowinf above location and•be fully certificate has Ell d soi .informed 01 disc aslons ~ . cerflfl ate for o TAX DES[ tokhp pl either Yn Per• = - r ~ ~ - to b+ f saved thereon. Thy ocMtepfgne OF ACTION ' Certlficafe number om ~ia[YalploenS. T ID s works p pIN TiiHEEEE CIRC I,IT C~OC{1RT t near of Issuance, ~hertlte and ti conflnued to a dale CIRC4~TNIN A~NDUPORIAWIL• ICE S FcINAN- and tffieanameialnpw~ich I rtle urfaln to P"r ANBE C.OI~NTY. FDO~IDmN LFLr34N~DRIVE was ossesse9 are as•tot pouvnced at t rMegworks~'p. C118E NO k 3~t tlol aarommodof~i otshps A8 TNDBY ~VVN ADDRESS YEb AR ~F )S~SUg~tNpCE; 40000, meeflnp because of o dEso- ~~~ INS 0{,A~IE LIY)ND KNOWN RE51- DRS YR FTIOACM LAKE bilitY or phvsleal ImaoU- Ou9 8-AROBO EMANTOR UPNEIT ~ X/136.L07 ment should caMacf Severn ~ ) Trent Services, 410 North GATED A tit 11 i01L ANd Mown heirs de- 473 OR 86P 5069/4/14 ON University prive, 55ytlfe ~ N• 6A~~~ fees, creditors 07.04-96 INST QC OR BiP Coral Springys F.lor dp PIalnHffs, 5known perswons 5667//649 ON 11-17.99 INST 33071. f951~ 7S3•S~II of-least ~. ien~eeTlee 1 t r. uese Asph nM cloim• WD~P,A',RCEL ID r1 D&44.48• Al'TACHMENT A ------ i - NOTICE OF ZONING CODE CHANGES j~ ~~CITY OF-WINTER SPRINGS ..: .. - :t '`' ORDINANCE 2008-10 ~~ f. ORDINANCE OF THE CITY COMMISSION _- THE CITY OI+ WINTER SPRINGS, FLORIDA, AMENDING .CHAPTER 20, ZONING OF THE BODE OF ORDINANCES TO CHANGE THE '~ ~,IST OF PERMITTED, CONDITIONAL AND )PROHIBITED USES IN TH&C-2 GENERAL COIvI- -~ I~vIERCIAL DISTRICT; PROVIDING FOR THE RE- hEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION IN'~O THE CODESEVERABILITY, AND AN EFFECTIVE LATE. . City of Winter Springs . PUBLIC HEARING FOR FIRST READING WILL BEHELD ON = ~ MONDAY, JUNE 23, 2008 AT 5:15 P.M. ' - ~ OR SOON THEREAFTER IN THE -COMMISSION CHAMBERS LOCATED AT 15, 2008 L • - TITUTE ,.. y :~. MD ING ;Neuralgia Pain THE WINTER SPRINGS CITY HALL al Pain Research Institute, LLC 1126 EAST STATE ROAD 434 - ~;' WINTER SPRINGS, FLORIDA ~ ducting clinical trials in Fbromyalgia and 1'he. proposed ordinance may be dbtaYned by interested `Constipation wgh Chronic Opioid Use. - .parties between 8 a.m. and S p:m., Monday through Fri- • : ~ day, at the City's Clerks Office, located at 1126 E. SR 434, for more information, please call • Wanter Springs,,, Florida: For more information, call (407) 407.622-5766 x1420 ~Z7-1800 #227. Persons with disabilities needing assts- tance to participate in any of these proceedings should - :contact the Employee Relations Department Coordinator, - ~ hours in advance of the' meeting at (407) 327-1800, ~ Lake Mary _ #~~36. This is a public hearing. Interested parties are ad- :wised that they may appear at the meeting and be heard ~T@~^ 47.936^207~ v~sith respect to the proposed ordinance. If you decide ~~aX 407.936.27 ~ . ;. to appeal any recommendation or decision made at this -~: Ii~garing, you will need a record of the proceedings, and 'x106 W. Lake Mary BIYd. ;: or such purposes, you may need to ensure that a ver- Suite 20S batim record of the proceedings is made, which record ' Lake Mary, FL 32746 includes the testimony and evi nce upon which the ap- ,;, peal is based• Florida Statutes, S~tion 286:OTOS). ~Y~ H4 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. 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. MALL 1126 EAST STATE iROAfD 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 10 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.O~p5). iii auxins „+xr~a ~ r o- r , iyB.l. _ .,., ..,.. r - ~..- Y City of Winter Springs ~TTA+HMENT 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 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 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 fords 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- l0 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 str~ee~rt 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 stora a fg acilit~pecificall 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. (351 A single warehouse building not to exceed 27,000 square feet and twen -five (25) feet in height, provided the wazehouse building 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 unless expressly authorized by City Code. Said warehouse shall be subject to the supplemental re ulations set forth in section 20-256. City of Winter Springs Ordinance No. 2008-10 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 (includin~t 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 by a ten ! 10) foot decorative masonry wall with an~gates bein~,,opaque Any 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 an~public street. In order to prevent visibility from public streets the following minimum standards shall apply: (i) no vehicle, equipment, goods, or materials in excess often (10~, feet in height shall be stored along or adiacent to the ten (10) foot decorative masonry wall• and (ii~,no vehicle eq_uipment,-goods or materials shall be stored on the realproperty in excess of thirteen and one-half (13 'YZ) feet in height. ~) The following vehicles and equipment may be stored on the property: (aLy vehicle~ermitted 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. ~) Take home "on call" r~air and service vehicles that are operated bYpersons offduty, but in an "on call'' work status for responding, to emergencies. ~) 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. ~fLService vehicles and equipment which are necessary for the operation and maintenance of the uses expressly authorized on the property by City 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 storage 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) AnX vehicle that exceeds thirteen and one half (13 '/z) feet in height, inclusive of any eauipment vehicles cargo or materials stored on top of the vehicle. (c) Andvehicle requiring a special permit from the Florida Department of Transportation. (d) Any wrecked vehicles vehicles being stripped for parts, or vehicles awaiting salvage or recycling. (e) Any vehicle functionally inoperable other than vehicles in the process of being restored as provided herein. (f) Heaw 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. hauling„ rading and lifting eauipment over 14 999 pounds of gross weight. 54) Bulk storage of flammable/hazardous materials shall be prohibited.. (5) Warehouse buildings used in conjunction with the use authorized under section 20-252 5341 may be constructed up to the railroad right-of--way boundary provided said construction is permitted by the railroad company. X61 On-site light minor maintenance and cleaning of any vehicle permitted by this Division is allowed However the following shall be strictly prohibited: refueling, oil and engine fluid changes mater restoration part salvage maior part replacement engine repair transmission repair body repair. and other heavy and maior repairs. ~Zlndoor and outdoor storage facilities for vehicles permitted under this Division shall be open to the general~ublic for a space rental fee. ~8) Storage of junk is strictly prohibited. (9) Vehicles~ermitted under this Division shall not be used as living_quarters. X10) Not more than a total of five (5 cargo or shipping containers shall be stored at any one time on the property. 511) Caro transfer operations are strictly prohibited except to transfer goods and materials City of Winter Springs Ordinance No. 2008-10 Page 4 of 6 to and from a warehouse building authorized under this Division. (12Z Trucking terminal operations are strictly prohibited except to transfer ~.,oods and materials to and from a warehouse building authorized under this Division. X13) Twenty-four hour security personnel and/or security eauipment shall be provided to provide reasonable protection of buildings located, and vehicles, equipment, goods and materials stored, on the property. x,14) The property shall not be used for fleet parking of commercial vehicles nor shall the property be used as a centralized parking facili or staging area for construction vehicles and equipment. S 151 Parking surfaces on the property shall be improved to meet City paving; and drainage codes However R A P parkinng improvements shall be permitted in storage 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 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. 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. 2008-10 Page 6 of 6 ATTACHMENT C BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at L,aiv Debra S. Babb-Nutcher° Joseph E. Glitch Usher L. Brown' Suzanne D'Agresta° Anthony A. Garganese° William E. Reischmann, Jr. J.W. Taylor Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer "Board Certified Ciiy, County & Local Government Law 'Board Certified Appellate Practice The Honorable Mayor John F. Bush and Members of the City Commission 1126 East State Road 434 Winter Springs, Florida 32708-6912 RE: Ordinance 2008-10 Dear Mayor and City Commission: August 7, 2008 Tara L. Barrett Vivian P. Cocotas Scott J. Domstein Robin Gibson Drage Christopher H. Hunt Katherine W. Latorre Terri E. Oster Amy J. Pitsch Erin J. O'Leary' Catherine D. Reischmann" Of Counsel On August 6, 2008, the City Manager and I met again with Bart Phillips and his consultants to discuss the proposed revisions to Ordinance 2008-10. In general, Mr. Phillips and his consultants found the revised ordinance to be acceptable for their proposed business needs. However, they recommended two additional changes: - - 1. Because of two public streets which are internal to their property (Old Sanford Road /Wade Streef), amend Section 20-256(1) to prohibit visibility from any "public collector road," rather than "any public street." 2. Amend 20-256(2) to allow the storage of "(g) construction vehicles and equipment stored on a trailer, provided the construction vehicles and equipment do not violate the express prohibitions in subsection (3)." If the change in paragraph 2. above is acceptable to the City Commission, a conforming amendment to subsection (3)(f) will be required to add the language "unless stored on a trailer pursuant to subsection 2(g).,> Mr. Phillips would like the City Commission to consider these changes. Ve tru yours, Anthony A. Garganese City Attorney AAG/jf cc: Ron McLemore, City Manager (via email) 111 N. Orange Ave, Suite 2000 • P.O. Box 2873.Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979 Website: www.oriandolaw.net • Email: firm@orlandolaw.net Offices in Orlando, Iiissunmee, Cocoa, Ft. Lauderdale & Tampa