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Home My WebLink About2008 08 25 Public Hearings 500 2nd Reading and Adoption of Ordinance 2008-13 CITY COMMISSION ITEM 500 Consent Information Public Hearin Re ular x August 25, 2008 Regular Meeting ., , I~ I Mgr .ID REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing for 2nd Reading and Adoption of Ordinance 2008-13, which amends the height of walls allowed within the I-I Light Industrial Zoning District. PURPOSE: The Code revision will allow walls up to 10 feet in height in the I-I Light Industrial Zoning District. APPLICABLE LAW AND PUBLIC POLICY Section 2 (b), Article VIII. of the State Constitution. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Code of Ordinances, specifically Chapter 6- Article VIII. Fences Walls, Hedges and Section 20-263 referring to Outside Storage in the 1-1 Light Industrial zoning district. Winter Springs Comprehensive Plan CHRONOLOGY: June 19. 2008-Public Noticing in Orlando Sentinel ofP&Z/LPA Public Hearing re: Ord. 2008- 13 July 2.2008- P&ZILPA considered the request and made recommendation of Approval July 28.2008 City Commission Public Hearing for 1st Reading of Ordinance 2008-13 Au~ 7. 2008 Public Noticing in Orlando Sentinel for 2nd Reading IAdoption Aug. 25. 2008 City Commission Public Hearing for 2nd Reading I 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 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. August 25,2008 Public Hearing Item 500 Page 2 of3 Section 20-258 describes the I-I Light Industrial District as follows: The provisions of this district are intended to apply to lands and structures, by their use and location, which are especially adapted to the business of wholesale distribution, storage and light manufacturing and to authorized land uses and activities which could cause adverse secondary effects and influences on residential areas and nonindustrial uses. Such lands are located in close proximity to principal thoroughfares and adequately separated (or buffered or both) from residential uses. The purpose of this district is to encourage and develop exceptionally clean, non-objectionable industrial uses and to allow a place for other uses and activities which could cause adverse secondary effects and influences on surrounding neighborhoods if located elsewhere. It is also the intent of this district to protect adjacent parcels from encroachment of smoke, fumes, vibration, noise or odors of any objectionable nature and to promote aesthetic and architectural harmony, and attractiveness within the community. All uses allowed hereunder shall abide by the performance and development standards of the city, county, state, and U.S. government. Areas of the city for which this zoning category may be appropriate are designated on the future land use map as "industria!." Section 20-263 requires: All uses shall be maintained within an enclosed permanent building with any outside storage screened from streets by an eight (8') foot masonry wall with any gates being opaque. [Outside Storage is described in Section 20-259(8) as contractor's equipment and supplies; public storage of tagged vehicles, boats, RVs and commercial vehicles; fleet and dispatch yards; bulk storage; and other kinds of storage yards of non-flammable/non-hazardous materials associated with manufacturing.] Additionally, walls are regulated by Chapter 6, Article VIII of the Code. This amendment revises Section 20-263 to allow a maximum 10' masonry perimeter wall in the I-I Light Industrial Zoning District. Additionally, walls could not be located closer than 10' to the front property line or on comer lots closer than 10' to the front and side property lines in addition to adhering to the provisions of Section 6-191. Section 6-190 will exclude those walls included in the I-I district. There has been some concern from at least one land owner about the 10-foot setback for these perimeter walls on front and side comer property lines. Staff is of the opinion that these setbacks are necessary in order to prevent the creation of, or at least the perception of, an enclosed tunnel effect along the subject roadways. FINDINGS: (1) The proposed amendment complies with the purpose and intent of the I-I Zoning District. (2) The code revision is in compliance with all procedural requirements established by City Code and Florida Statutes; and (3) The code revision is consistent with the city's comprehensive plan; August 25, 2008 Public Hearing Item 500 Page 3 of3 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2008-13, which amends the maximum height of walls within the 1-1 Light Industrial Zoning District. PLANNING & ZONING BOARD RECOMMENDATION: At a regular meeting of the Planning & Zoning BoardlLP A held on July 2, 2008, the Board recommended unanimous approval of Ordinance 2008-13, with a vote of 5-0. ATTACHMENTS: A- P&Z/LPA Minutes from Nov. 7, 2007 B- Public Noticing in Orlando Sentinel of Public Hearings C- Ordinance 2008-13 CITY COMMISSION ACTION: ATTACHMENT A Excerpt from P&Z Minutes CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MlNUTES PLANNING AND ZONING BOARDILOCAL PLANl'i"1:NG AGENCY REGULAR MEETING mL Y 2, 2008 PUBLIC HEARINGS AGENDA P'UBLIC Hl:ARINGS 500. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2008-13, Which Amends The Height Of Walls Allowed Within The 1-1 Light Industrial Zoning District. Ms. Eloise Sahlstrom. AICP, ALSA, Senior Plamler, Community Development Department addressed the Board Members on tIns Agenda Item and stated that "Staff does believe that this would fit witllin the pUlpose of the Disnict and does reconilllend Approval. " Discussioll. Mr. John Baker. AICP, Senior Planner, COlIl111Ulnty Development Depal1ment spoke briefly on buffers. Vice Chairman Lace.v opened the "Public Input" portion of the Agenda Item. No one spoke. Vice Chairman Lacey closed the "Public Input" portion of the Agenda Item. Vice Chainnan Lacey asked, "Do we have a Motion to Approve Ordinance 2008-131" "SO :MOVED." l\'IOTION BY BOARD MEl\'IBER l\IARTINEZ. SECONDED BY BOARD l\ffiMBER POE. DISCUSSION. VOTE: BOARD l\tIEl\1BER l\tIARTIl'T}:Z: AYE VICE CHAIRl\IAN LACEY: AYE CHAIRMAN HEATWOLE: AYE BOARD l\:lEl\IBER POE: AYE BOARD l\'IEl\1BER KARR: AYE l\IOTION CARRIED. ATTACHMENT B , THURSDAY, JUNE 19,200$ \ F4 Orlando SeJitlne1 .:: ,,' ;0- F. ISS\JANCE: 2006 1f.;[JON' (~ PpROP. ,..g1"1"O DROp.. T.vCH'ANC . Y,OR. ~ER~OOK 6...1141 "100 F'l" 't N 150 'FT"OFIoOT ~ E ' p~R~hll) ,il9.22.l'I-9432- ~'.' Name i In... whiCh Gssened : ROBERTDE'SYLVIA & KATHRYN DESVLVIA ' AlL ohold prill..rly'l\Ilng In-'Ihe CrOOlunl'i.~ Orange., Slltle 0 .FlorldP.'. Unless .uch ~l'tlf.lCOl'lholl be r. r::~~gl,m~3~~~~fge~~rn h CWi~t'\~~r~I'f~~ Room, 10<;oIed urch streel, ~Ih randa, FlOrida on 2008 at :lQ:oo o,m. ,Jun'l1.1Q08 , 0,. Hl!Yri1e, CPA <DrnlllrOHer , Couilty, Florida C~. 2OQ5 rllll. Willi. , . Comptroller L S RfJii n Complroller Seol) 'h.~g :Ot.S75122" s: c,' .J'UL.11,2~,31.AUG,7 ~~nid': '.. ,NO\{h1lf ' , LL' ...... Nt DElO g~n1fe N~ RE"lv GIV' ':5101. 0/ EN Ihal NEPl'UNE 1 LlC Wi:et1~:1':rl~fll~gfe o~J~'f1\~lnJ.'1~ " I!9I'&rtv cert\fltllle far a TAX DEED rl~jca'e 10 be1lnUld Ihereon. Tne ,Cerllflcate number and . veoL af l~suonce,1he de' t.c,cri'1t1on 01 the propertvl 'GOOlol ~na~ ~:s~~~s ~~e W~~CVoi_ " ,':, 'm~i:AtE NUMIBl:1l4I CPl>- 'Y,EAROF ISSUANCE: 200S .:' DESCRIPTION OF PROp. r~.,:' . ERTV: FIRS'T ADD,jjj1. 0 ::':,*~Jt~~Nte ~~,~~ frAt l c eEL '10 . 35. '.29-1221-00280 :.. . Nome'ln whlch ,asseased: - 'CRYSTA F WHITTAKER I- I ...._~......J ...... ..- ...~ J ---_. l ~'~I' I '.. ' ~j! I TijUR$iO~Y. AUGUST 7, 2()U;, __~~_ _.~... -.. ATTACHMENT C ORDINANCE NO. 2008-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGULATING THE HEIGHT AND OTHER INSTALLATION REQUIREMENTS OF FENCES, WALLS, AND BUFFERS IN INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR OTHER CONFORMING AND MISCELLANEOUS AMENDMENTS RELATED TO FENCES, WALLS, AND BUFFERS; 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 finds that fence and wall regulations promote aesthetic and land use compatibility within the City and serve a legitimate government purpose under the City's police powers; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Amendment to Section 20-263. The City of Winter Springs Code, Section 20-263 is hereby amended as follows: (underlined type indicates additions and sttikeout type indicates deletions) Sec. 20-263. Enclosed buildings and outside storage. All uses shall be maintained within an enclosed permanent building with any outside storage screened from streets by an dght (8') fuot ~masonry wall with any gates being opaque. The wall shall be a minimum of eight (8) feet in height. and a City of Winter Springs Ordinance No. 2008-13 Page 1 of 3 maximum of ten(1 0) feet in height. measured from applicable natural or finished grade. Walls may be constructed along the perimeter of the propertv provided the wall shall not be constructed closer than ten (10) feet from the front property line or on comer lots. the wall shall not be constructed closer than ten (10) feet to the front and side property line adiacent to the street. Further. all walls shall be required to comply with section 6-191. Sec. 6-190. Height limitations generally. Unless otherwise specifically provided in any zoning district category. -Aft all walls or fences hereafter located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights: If front of the front building line, no more than four (4) feet in height; if to the rear of the front building line, provided the provisions of section 6-191 are met for comer lots, no more than eight (8) feet in height. * * * 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 City Charter. City of Winter Springs Ordinance No. 2008-13 Page 2 of 3 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. 2008-13 Page 3 of 3 ORDINANCE NO. 2008-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGULATING THE HEIGHT AND OTHER INSTALLATION REQUIREMENTS OF FENCES, WALLS, AND BUFFERS IN INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR OTHER CONFORMING AND MISCELLANEOUS AMENDMENTS RELATED TO FENCES, WALLS, AND BUFFERS; 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 finds that fence and wall regulations promote aesthetic and land use compatibility within the City and serve a legitimate government purpose under the City's police powers; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Amendment to Section 20-263. The City of Winter Springs Code, Section 20-263 is hereby amended as follows: (underlined type indicates additions and ~t type indicates deletions) Sec. 20-263. Enclosed buildings and outside storage. All uses shall be maintained within an enclosed permanent building with any outside storage screened from streets by a masonry wall with any gates City of Winter Springs Ordinance No. 2008-13 Page 1 of 3 being opaque. The wall shall be a minimum of ei hg_t (81 feet in height and a maximum of ten(10) feet in height measured from applicable natural or finished grade. Walls may be constructed along t, he perimeter of the ropertv provided the wall shall not be constructed closer than ten (10) feet from the front prope line or on corner lots, the wall shall not be constructed closer than ten 10) feet to the front and side nropertv line adiacent to the street Further all walls shall be required to comely with section 6-191. Sec. 6-190. Height limitations generally. Unless otherwise specifically provided in an zoning district categor~~}} all walls or fences hereafter located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights: If front of the front building line, no more than four (4) feet in height; if to the rear of the front building line, provided the provisions of section 6-191 are met for corner lots, no more than eight (8) feet in height. *** 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 City Charter. City of Winter Springs Ordinance No. 2008-13 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Fl~rid~i; in a regular meeting assembled on the 25th day of August, 2008. _ - HN F. BUSH,1?~ayor;: _ " ATTEST: ~ ,~ _ ; ANI~EA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City Winter Springs only: -~~ ANTHONY A. GARGANESE, City Attorney First Reading: July 28, 2008 Second Reading: August 25, 2008 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2008-13 Page 3 of 3