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Home My WebLink About2002 06 10 Public Hearing H First Reading - Ordinance 2002-07 New Light Industrial Zoning District COMMISSION AGENDA ITEM H Consent Informational I Public Hearing I. X Regular June 10. 2002 Meeting f- MfU\ l,'"t/()~ I Mgr. / Att. / Dept. REQUEST: The City Attorney and City Manager request that the City Commission consider first reading of Ordinance No. 2002-07 which creates a new Light Industrial Zoning District and amends the list of permitted, conditional, and prohibited uses in the C-1 and C-2 Zoning Districts. PURPOSE: To create a new Light Industrial Zoning District and to update the C-1 and C-2 Zoning Districts in order to promote sound planning and to provide adequate safeguards to protect against incompatible land uses which may impact adjacent or surrounding land uses. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Section 166,041(3)(c), Florida Statutes. Page 1 of 2 CONSIDERA TIONS 1, The current list of permitted, conditional, and prohibited uses under the C- 2 Zoning District permits a combination of incompatible uses including neighborhood commercial, general commercial, and industrial uses. 2. The current C-2 Zoning District does not promote sound planning, could encourage legal challenges to zoning decisions made by the City, does not provide adequate safeguards to protect against incompatible uses, and makes it very difficult to create a system of transitional commercial and industrial districts throughout the City. 3. The Planning and Zoning Board has recommended approval of Ordinance No. 2002-07, 4. If approved on first reading, two (2) additional advertised public hearings will be held pursuant to Section 166.041(3)(c), Florida Statutes. STAFF RECOMMENDATION: The City Attorney and City Manager recommend that the City Commission approve Ordinance No. 2002-07 on first reading and direct the City Clerk to advertise the ordinance for second and third readings. ATTACHMENT: Ordinance No. 2002-07 COMMISSION ACTION: The City Commission previously directed that Ordinance No. 2002-07 be sent to the Planning and Zoning Board for review and recommendation. F:\DOCS\City of Winter Springs\Agenda\Agenda.H.lndustrialZoning. 2002-07 .6-10-02. wpd Page 2 of 2 COMMISSION AGENDA ITEM H Consent Informational Public Hearing X Regular June 10. 2002 Meeting (L- /J!JJ'A r, 11/()~ I Mgr. / Att. / Dept. REQUEST: The City Attorney and City Manager request that the City Commission consider first reading of Ordinance No. 2002-07 which creates a new Light Industrial Zoning District and amends the list of permitted, conditional, and prohibited uses in the C-l and C-2 Zoning Districts, PURPOSE: To create a new Light Industrial Zoning District and to update the C-l and C-2 Zoning Districts in order to promote sound planning and to provide adequate safeguards to protect against incompatible land uses which may impact adjacent or surrounding land uses. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Section 166,041(3)(c), Florida Statutes, Page 1 of 2 CONSIDERA TIONS 1. The current list of permitted, conditional, and prohibited uses under the C-2 Zoning District permits a combination of incompatible uses including neighborhood commercial, general commercial, and industrial uses. 2. The current C-2 Zoning District does not promote sound planning, could encourage legal challenges to zoning decisions made by the City, does not provide adequate safeguards to protect against incompatible uses, and makes it very difficult to create a system oftransitional commercial and industrial districts throughout the City. 3. The Planning and Zoning Board has recommended approval of Ordinance No, 2002-07. 4. If approved on first reading, two (2) additional advertised public hearings will be held pursuant to Section 166.041(3)(c), Florida Statutes, STAFF RECOMMENDATION: The City Attorney and City Manager recommend that the City Commission approve Ordinance No, 2002-07 on first reading and direct the City Clerk to advertise the ordinance for second and third readings. ATTACHMENT: Ordinance No. 2002-07 COMMISSION ACTION: The City Commission previously directed that Ordinance No, 2002-07 be sent to the Planning and Zoning Board for review and recommendation, F:\DOCS\City of Winter Springs\Agenda\Agenda,H.IndustrialZoning.2002-07.6-1 0-02. "'pd Page 2 of 2 DRAFT 6/1/2002 ORDINANCE No. 2002-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELA TING TO ZONING; ADOPTING A NEW ZONING DISTRICT CATEGORY CALLED "1-1 LIGHT INDUSTRIAL DISTRICT"; AMENDING THE LIST OF PERMITTED, CONDrnONAL, AND PROHIBITED USES WITHIN THE C-2 GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS BY MODIFYING THE LIST OF GENERAL COMM:ERCIAL USES AND ELIMINATING THE LIST OF INDUSTRIAL USES; AMEND][NG THE LIST OF PERMITTED, CONDITIONAL, AND PROHIBITED USES WITHIN THE C-l NEIGHBORHOOD COMMERCIAL DISTRICT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Attorney and staff have conducted a comprehensive review of the City's current list of permitted, conditional, and prohibited uses under the C-2 zoning district and have found that this zoning district permits a combination of incompatible uses including neighborhood commercial, general commercial and industrial uses; and WHEREAS, with the advice of the City Attorney and City Staff, the City Commission hereby . finds that the current C-2 Zoning scheme does not promote sound planning; could encourage legal challenges to zoning decisions made by the City; does not provide adequate safeguards to protect against introducing incompatible land uses which may impact adjacent or surrounding land uses; and makes it very difficult to create a system of transitional commercial and industrial zoning districts throughout the City; and City of Winter Springs Ordinance No. 2002-07 Page 1 DRAFT 6/1/2002 WHEREAS, the Planning and Zoning Board/LP A has reviewed this Ordinance and has found it consistent with the City's Comprehensive Plan and recommended approval to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning code change set forth hereunder and considered findings and advice of the Planning and Zoning Board, City Attorney, staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and being otherwise fully advised, hereby finds that this Ordinance is consistent with the City's Comprehensive Plan, serves a legitimate government purpose, promotes smart growth management and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE C][TY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals, The foregoing recitals are hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs. Section 2. 1-1 Industrial Zoning Category Created. Chapter 20 Zoning, Article III Establishment of Districts, of the Code of the City of Winter Springs is hereby amended to create a new Division 12 as follows (!1nderline type are additions and Strikeout type are deletions): DIVISION 12. I-I LIGHT INDUSTRIAL DISTRICT. 20-320 In General. The provisions of this district are intended to apply to lands suitable for light industrial land uses and uses that could cause adverse secondary effects and influences on surrounding City of Winter Springs Ordinance No. 2002-07 Page 2 DRAFT 6/1/2002 neighborhoods and nonindustrial uses. Such lands should be located in close proximity to transportation facilities and away from residential and commercial uses. The purpose of this district is to allow the land uses listed hereunder under such conditions of operation and standards that will protect nearby residential and commercial uses. All uses allowed hereunder shall abide by the performances standards imposed by locaL state, and federal law and by any development agreement required by the City. 20-321. Uses permitted. Within the 1-1 Light Industrial Zoning District. no building, structure, land, or water shall be used except for one or more of the following uses: (I) Light manufacturing, processing, assembly, such as precision manufacturing, electrical machinery, bottling and distribution plants, and recycling of nonhazardous materials, (2) Automotive body repairing and painting; automotive repair for mobile homes and vehicles with more than two (2) axles. (3) Warehousing in enclosed buildings or structures. (4) Kennels, pet and animal rescue operations, animal boarding houses. and similar animal facilities or operations. (5) Automotive storage and other kinds of storage yards of nonhazardous materials. (6) Commercial radio and television broadcasting, transmitters, towers and antennae. (7) Research, development. and laboratory facilities. (8) Adult Entertainment and Sexually Oriented Businesses, City of Winter Springs Ordinance No. 2002-07 Page 3 DRAFT 6/1/2002 (9) Public utilities. (10) Cabinet and Furniture makers. (11) Clothing manufacturer. (12) Pawnshops. 20-322, Building Height Regulations, No building or structure shall exceed fifty (50) feet, except commercial radio and television broadcasting. transmitters. towers and antennae may exceed 50 feet. but not greater than 200 feet. by conditional use. 20-323, Conditional Uses, (1) Commercial radio and television broadcasting. transmitters. towers and antennae greater than fifty (50) feet. (2) Halfway houses. group homes and similar uses. 20-324 Bulk Regulations. (1) Minimum Floor Area: 900 Sq. ft. (2) Minimum Lot Size: 7.500 Sa. ft. (3) Minimum Lot Width: 75 ft. (4) Minimum Lot Depth: 100 ft. (5) Minimum Front Setback: 25 ft. (6) Minimum Rear Setback: 15 ft. (7) Minimum Side Interior Setback: None; Side Corner Lot: 15 ft. City of Winter Springs Ordinance No. 2002-07 Page 4 DRAFT 6/1/2002 Section 3, C-2 Zoning Category Amended, Chapter 20 Zoning, Article III Establishment of Districts, Division 8, of the Code of the City of Winter Springs is hereby amended as follows (Underline type are additions and Stlikeout type are deletions; "***,, shall denote existing text in Division 8 that shall remain unchanged): DIVISION 8. C-2 GENERAL C01\1MERCIAL AND INDUSTRIAL DISTRICTS. Sec. 20-251. In General. The lands of the C-2 General Commercial and Industrial Districts are to be used by a variety of commercial alId industrial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of IndustIial 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, the-state and U.S. government. This District is intended for lands adjacent to or easily serviced bv collector and major arterial roads adaptable to higher traffic generating general commercial uses. See, 20-252. Uses permitted, Within C-2 General Commercial al.d Industrial Districts, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use pellmtted allowed in C-1 Neighborhood Commercial Districts; (2) Autolflotive body repailing and painting, City of Winter Springs Ordinance No. 2002-07 Page 5 DRAFT 6/1/2002 (3) Automotive. glass, vinyl tops and seat cOvels, (4~) Automotive sales alid senice; (5- J) Automotive renting and leasing; (6 1) Automotive tires; (9-~) Baker, wholesale; (8- Q) Doats , sales alid senice, Boat Sales: (9) Dottling and disttibution plants, (tB 1) Building and plumbing supplies; (11~) Bus terminal; (12) Cabinet makels, (13) Clothing manufaGturilig, (+4 2) Cold storage and frozen food lockers; (15) COlitJ actors' equiplllellt, storage 'j ards, (t6lQ)Convenience markets and stores; (+7 11) Drive-in theaters; (tS ll) Feed stores; (t9 il) Flea markets, open air; (Ie 14) Gas, bottled; (2+ 12) Grocers, wholesale; (2Z lQ) Ice, wholesale; City of Winter Springs Ordinance No. 2002-07 Page 6 DRAFT 6/1/2002 (5 11) Industrial trade. professional and vocational schools. not involving operations of an industrial nature; (24 ~) Full-service gas stations, as an accessory use to a convenience store and satisfying any distance requirement established by City Code: requiling that lilechanical Iepair seI vic.e be provided. (25 19) Veterinarian and accessory *kennels; (26 20) Laboratories for testing materials and chemical analysis of a nonindustrial nature; (z::t 21) Lumber and building supplies in an enclosed building or structure; (28) ManufactuI ilIg ahd assembly of scientific and optic.al pI ecision instI uments, (29 22) Mobile homes, sales alid sef\lice, Mobile Home sales: (3e 23) Movers; (3+ 24) Nurseries, plants, trees; wholesale; (32) Outdoor advertising signs equipment, (3-3- 25) Home and general commercial Pest control (exterminating) of a nonindustrial nature; (34 26) Printers, commercial; (3-5 27) Public maintenance buildings; (% 28) Recreational vehicles; (37) Roofilig, (38) Sheet metal shops, (39 29) Swimming pool contractors, equipment storage; (4e 30) Taxicabs; City of Winter Springs Ordinance No. 2002-07 Page 7 DRAFT 6/1/2002 (41 ) Vial ehouses; (4Z 11) Wholesale meat and produce distributors. .Q1) Minor automotive/boat/manufactured home servIce and repaIr establishments (including filling stations, repair garages and similar non-intense uses), provided that all activity shall be conducted within a completely enclosed building and there is no outdoor storage of any kind. * * * See, 20-254. Conditional Uses. ill Multiple-family residential units: ill Maior automotive/boat/manufactured home servIce and repaIr establishments (including body repairs and painting and similar heavy type uses): ill Halfway houses, group homes, and similar uses: ill Small-scale cabinet and furniture makers (building not to exceed 2500 sq. ft.): ill Small-scale clothing manufacturing (building not to exceed 2,500 sq. ft.) Section 4, G-I Neighborhood Commercial Zoning Category Amended. Chapter 20 Zoning, Article III Establishment of Districts, Division 7, of the Code of the City of Winter Springs is hereby amended as follows (Underline type are additions and Strikeout type are deletions; "* * *" shall denote existing text in Division 7 that shall remain unchanged): DIVISION 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS. See, 20-231. In General. City of Winter Springs Ordinance No. 2002-07 Page 8 DRAFT 6/1/2002 The C-I Neighborhood Commercial District consists oflands abutting principal streets, the frontages of which are especially adaptable to selected low-traffic generating uses. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic movement and generation. The district is intended for lands suitable for low intense neighborhood commercial uses in close proximity to residential districts. The land uses under this district shall designed to promote spaciousness of land use:-. minimize traffic along adiacent thoroughfares and within residential districts. promote aesthetic and architectural harmony. attractiveness. and compatibility with nearby residential districts and within the community. and abide by the performance and development standards of the city. county, the-state and U.S. government. Sec. 20-232, Uses Permitted, (a) Within any C-I Neighborhood Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: * * * (54) Pawnshop, * * * (64) Regulated professions, offices, and pI ofessions licensed and regulated by the depar tment of pro&ssionalIegulatioll pursuant to P.S. cll. 455 and s. 20.30, as now existing or as hereafter amehded. * * * City of Winter Springs Ordinance No. 2002-07 Page 9 DRAFT 6/1/2002 (81) Atl} othel I etail 5tOl eo or business entel pi ise not listed ulldel any zoning dassifiGation that ill thejudgmellt of the boald of adjustment is GOllsistent with thisG induded above, alld farthel, that will be in halmony witIl the Spilit oftIlis Ghaptel. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. It is not the intent and purpose of this Ordinance to repeal any part or provision of the State Road 434 New Development and Redevelopment Regulations. Section 6. 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 7. Effective Date. This ordinance shall become effective immediately upon approval of the City Commission and as provided by the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2002. City of Winter Springs Ordinance No. 2002-07 Page 10 DRAFT 6/1/2002 ATTEST: PAUL P. PARTYKA, Mayor Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Sprnngs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2002-07 Page ] ]