HomeMy WebLinkAbout2004 07 12 Public Hearings 400
COMMISSION AGENDA
ITEM 400
Consent
Informational
Public Hearing X
Regular
July 12, 2004
Meeting
MGR. r IDEPT
Authorization
J~
REQUEST:
The Community Development Department- Planning Division and Planning & Zoning Board
requests the City Commission hold a public hearing for Final Reading and Adoption of
Ordinance 2004-28, establishing a new zoning district entitled "C-3 Highway 17-92
Commercial" and revising the "C-l Neighborhood Commercial", "C-2" General Commercial",
and "1-1 Light Industrial" zoning districts.
PURPOSE: To update and revise the City's commercial and industrial distJicts and establish a
new commercial zoning district, which is oriented to commercial uses appropriate to the City's
vision for US 17-92. These revisions are resulting from recommendations generated from the
Planning and Zoning Board's Visioning Workshops held last fall.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act.
Section 166.041(3)(c), Florida Statutes.
Winter Springs Code of Ordinances
Chapter 10, Licenses and Business Regulations
Section 10-58 Prohibited Locations for Adult Entertainment Establishments
Chapter 20, Zoning, City of Winter Springs Code of Ordinances
Winter Springs Comprehensive Plan
Policy 1.5.11 Adult entertainment establishments and sexually oriented businesses shall be
strictly limited to lands designated "Industrial" on the Future Land Use Map.
CHRONOLOGY:
July 2002- City Commission adopted Ordinance 2002-07, creating a new Zoning classification
category, "1-1 Light Industrial District", and amended the list of permitted, conditional, and
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July 12,2004
PUBLIC HEARING AGENDA ITEM 400
prohibited uses under the existing "C-l Neighborhood Commercial District" and "C-2 General
Commercial District" classifications. Industrial uses were eliminated from the revised "C-2
General Commercial District" and included within the new "1-1 Light Industrial District".
Sept. 15, 2003- Commission Workshop. The Commission reviewed the current permitted uses under
the "C-2 General Commercial" and "1-1 Light Industrial" zoning districts and considered
additions or modifications to the existing list of permitted uses in each of these districts.
Oct. 20,2003- Commission Workshop. The Commission directed the Planning & Zoning Board
to go through a visioning exercise to give direction to the City's commercial and industrial areas.
Oct. 27. 2003- Visioning Exercise I. The P&Z participated in a visioning exercise to begin
defining future directions for the commercial and industrial areas of the City.
Nov. 5,2003- Visioning Exercise II. The P&Z continued the visioning exercise to define future
directions for the commercial and industrial areas of the City.
Nov. I L 2003- Special Meeting. The P&Z held a special meeting to finalize recommendations
based on the visioning exercises.
Feb. 2,2004- Commission Workshop. The Commission reviewed the current permitted uses
under the "C-l Neighborhood Commercial", " C-2 General Commercial" and "I -I Light
Industrial" zoning districts and considered additions or modifications to the existing list of
permitted uses in each of these districts, as well as the establishment of a new "C-3 Highway 17-
92 Commercial District".
Feb. 9, 2004- The City Commission adopted the new "CC- Commerce Center" zoning district by
Ordinance 2004-02.
Jun. 14.2004- First Reading of Ordinance 2004-28
Jun. 17,2004- Public Noticing in Orlando Sentinel for Public Hearing
Jun. 28, 2004- Second Reading of Ordinance 2004-28
Julv 1, 2004- Public Noticing in Orlando Sentinel for Public Hearing and Adoption
July 12.2004- Proposed Final Reading/Adoption of Ordinance 2004-28
CONSIDERATIONS:
As a follow-up to the adoption of Ordinance 2002-07, Staff began the administrative rezoning
from "C-2" to "I-I" for parcels with an underlying "Industrial" future land use. However, what
initially seemed to be a simple task, proved more difficult.
Initially, it appeared that the list of permitted uses in each of the "C-2" and "I-I" districts
needed to be expanded; however, after several attempts at reviewing and making
recommendations to the list of permitted uses, the Commission directed the P&Z Board to
conduct a Visioning Exercise.
FINDINGS:
July 12,2004
PUBLIC HEARING AGENDA ITEM 400
The Visioning Exercise process revealed that some of the difficulty was a result of having too
few zoning categories, and the defining characteristics distinguishing the commercial and
industrial districts of the City from one another needed to be revisited. The P&Z Board
determined that that two additional zoning districts needed to be added in order to promote
sound planning. Subsequently, the City Commission adopted on February 9,2004 a new zoning
district entitled, "CC- Commerce Center".
This ordinance now establishes the second zoning district recommended by the Board. Entitled "C-3
Highway 17-92 Commercial", this district, will support more intense commercial activity at a
different scale than the neighborhood commercial and general commercial envisioned along S.R.
434. To incorporate uses appropriate to 17-92 within the current "C-l" or "C-2" districts would be
to undermine the enhancement efforts underway for S.R. 434.
Adoption ofthis new zoning district will help to further define appropriate uses and will promote
sound planning.
PLANNING AND ZONING BOARD RECOMMENDATION:
At a special meeting on Tuesday, November II, 2003, the Planning and Zoning Board
recommended the establishment of a new C-3 Highway 17-92 Commercial zoning district along
with revisions to the other commercial and industrial districts' definition of purpose and list of
permitted uses. These recommendations include an introductory defining paragraph of purpose for
each district, followed by a list of permitted uses. In some cases additional defining or performance
guidelines are included.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for Final Reading and Adoption
of Ordinance 2004-28, establishing a new zoning district entitled "C-3 Highway 17-92 Commercial"
and revising the "C-l Neighborhood Commercial", "C-2" General Commercial", and "1-1 Light
Industrial" zoning districts, in order to promote sound planning, to provide adequate safeguards to
protect against incompatible land uses which may impact adjacent or surrounding land uses and to
provide more differentiation between each of the commercial and industrial areas.
ATTACHMENTS:
A. Planning & Zoning Board Minutes (November 11, 2004)
B. City Commission Workshop Minutes Workshop (February 9, 2004)
C. Excerpts from Ordinance 2004-02 establishing the "cc Commerce Center"
zoning district
D. Ordinance 2004-28f
COMMISSION ACTION:
July 12,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A:
P&Z Minutes
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING
TUESDAY, NOVEMBER 11,2003
II. AGENDA
A. Formal Actions Resulting From The Visioning Workshops Of October 29, 2003 And
November 5, 2003.
Chairman Brown briefly addressed the Board regarding an issue that was recently brought up at
a City Commission meeting.
Ms. Sahlstrom introduced Agenda Item A.
Discussion.
. Chairman Brown read the New Commerce Center District, Belle Avenue as the Board Members
compared the list of businesses on draft page.
Discussion.
Board Member Rosanne Karr stated, "I would like to see that less than - greater than 3,500
square feet, but less than 7,500 square feet in this District."
Discussion.
"I WOULD LIKE TO MAKE A MOTION TO ACCEPT THE "NEW COMMERCE
CENTER DISTRICT" AS OUTLINED IN OUR MATERIAL HERE TONIGHT."
MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE.
DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: A YlE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
July 12, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A:
P&Z Minutes
I-I Light Industrial District
Board Member William Poe read the I-I Light Industrial District permitted uses, as the Board
Members compared the list of businesses on draft page.
Discussion.
Board Member Karr stated, "There are not many specifics in here, for example, noise levels in
terms of decibels, and there is no real description of hazardous material besides what you are
guessing it to be. Do we need to put that in?" Ms. Sahlstrom, "Those are good comments and
could be added."
Chairman Brown, "I will entertain a motion now with the additions that Ms. Karr has made to it
whether it is recommended or not recommended to the City Commission."
"MR. CHAIRMAN, I WILL RECOMMEND THE REVISED 1-1 LIGHT INDUSTRIAL .
DISTRICT BE PRESENTED TO CITY COMMISSION FOR ADOPTION WITH THOSE
ADDITIONS BROUGHT UP BY BOARD MEMBER KARR." MOTION BY BOARD
MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
VICE CHAIRPERSON KREBS: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
BOARD MEMBER KARR: AYE
CHAIRMAN BROWN: AYE
MOTION CARRIED.
Revised "C-I Neighborhood Commercial District" - State Road 434
Chairman Brown read the permitted uses for the C-I Neighborhood Commercial District, State
Road 434.
Discussion.
Rosanne Karr left the dais at 5:45 p.m.
Tape One/Side 2
"I WOULD like to make a motion to accept the Revised C-l Neighborhood Commercial
District as discussed." motion by Vice Chairperson Krebs. Seconded by Board member
Poe. DISCUSSION.
July 12,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A:
P&Z Minutes
VOTE:
VICE CHAIRPERSON KREBS: AYE
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: A WAY FROM DAIS
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
Highway Commercial District-17-92 New Zoning District
Chairman Brown read the permitted uses for Highway Commercial District -Highway 17-92 to
the Board Members.
Discussion.
Vice Chairperson Krebs stated, "I do not see "Pawn Shops" listed."
Discussion.
Vice Chairperson Krebs, "I would like to see, if we were going to have it on Highway 17-92 and
not on State Road 434 in the City. 1 would recommend that we put that in there."
Discussion.
Board Member Karr returned to the dais - 5:58 p.m.
C-I Neighborhood Commercial
Mr. John Baker, AICP, Senior Planner, Community Development Department, addressed C-I
Neighborhood Commercial- "Animal Hospitals and Clinics". Wherever you have an animal
hospital or clinic with outdoor facilities for the animals of any kind, you must very careful to
make sure these are buffered to protect the adjacent residential uses. Even though they do not
have outdoor kennels, you have to be very careful with the buffering of outdoor run areas if they
take the animals out every few hours to run or walk. You may wish to address whether you want
to have outdoor kennels or if you want to limit it to supervised walks.
Board Member Ned V oska suggested anything with outdoor facilities is a Conditional Use for
the animal clinics or hospitals.
ADDITIONAL MOTION TO (C-I NEIGHBORHOOD DISTRICT).
July 12,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A:
P&Z Minutes
"I MAKE A MOTION TO RECOMMEND THAT ANY ANIMAL HOSPITAL AND/OR
ANIMAL CLINIC WITH OUTSIDE FACILliTIES BE LISTED UNDER CONDITIONAL
USE." MOTION BY VICE CHAIRPERSON KREBS. SECONDED BY BOARD
MEMBER POE. DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
Rosanne Karr left the dais at 6: 1 0 p.m.
Returning to the "Highway Commercial District- 17-92 New Zoning District"
Discussion.
"I WILL MAKE A MOTION TO ACCEPT THE HIGHWAY COMMERCIAL
DISTRICT ON [HIGHWAY] 17-92 AS PROPOSED." MOTION BY BOARD MEMBER
VOSKA. SECONDED BY BOARD MEMBER POE. DISCUSSION.
Vice Chairperson Krebs commented that the Motion did not address "Pawn Shops" and she does
not know if it needs to be added to the Motion.
Chairman Brown stated that the Motion must be voted on.
"MOTION TO AMEND". MOTION BY VICE CHAIRPERSON KREBS. SECONDED
BY BOARD MEMBER POE. DISCUSSION. WITH THE CONSENSUS OF THE
BOARD.
MOTION CARRIED.
Chairman Brown, "We can amend it now because we did vote on the amendment with a
consensus. We have to vote on the original Motion before the amendment."
VOTE: (ON ORIGINAL MOTION)
BOARDMEMBERKARR AWAYFROMDAIS
BOARDMEMBERPOE: NAY
BOARD MEMBER VOSKA: NAY
VICE CHAIRPERSON KREBS: NAY
July 12,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A:
P&Z Minutes
CHAIRMAN BROWN: NAY
MOTION DID NOT CARRY
Vice Chairperson Krebs stated, "I did not see "Pawn Shop" use listed and if it was going to be
included in the City, this would be the place to include it and I would want to see it in the
[Highway] 17-92 area. We should include "Pawn Shops"."
Discussion.
"I WOULD LIKE TO MAKE A MOTION TO ACCEPT THE mGHW A Y
COMMERCIAL DISTRICT WITH THE AMENDMENT TO ADD TO IT THE
CONDITIONAL USE ON THE INDUSTRIAL AND TO ADD THE PAWN SHOPS TO
THE LISTING OF IT." MOTION BY BOARD MEMBER VOSKA. SECONDED BY
VICE CHAIRPERSON KREBS. DISCUSSION.
VOTE:
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
VICE CHAIRPERSON KREBS: AYE
CIDURMANTOMBROWN:AYE
BOARD MEMBER KARR A WAY FROM DAIS
MOTION CARRIED.
Ms. Sahlstrom mentioned that at the last Commission meeting it was announced that there will
not be a Commission meeting on the 24th [November 2003] and the next City Commission
meeting is December 8, 2003. The next Planning and Zoning meeting is scheduled for Tuesday,
December 9, 2003.
Board Member Karr returned to the dais at approximately 6:14 p.m.
Board Member Poe departed the meeting at 6: 16 p.m.
Discussion.
A decision was made that Vice Chairperson Krebs would work with Ms. Sahlstrom to prepare
the presentation she will give to the City Commission.
Discussion.
July 12, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B:
Commission Workshop
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
WORKSHOP
FEBRUARY 2, 2004
CALL TO ORDER
The Workshop of Monday, February 2,2004 ofthe City Commission was called to order by Deputy
Mayor Edward Martinez, Jr. at 6:31 p.m. in the Commission Chambers of the Municipal Building
(City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Mayor John F. Bush, absent
Deputy Mayor Edward Martinez, Jr., present
Commissioner Robert S. Miller, absent
Commissioner Michael S. Blake, present
Commissioner Sally McGinnis, present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, arrived at 6:41 p.m.
Following a moment of silence in memory ofMr. Richard Baker, Deputy Mayor Martinez led the
Pledge of Allegiance.
AGENDA
1. Community Development Department - Planning Division And The Planning And Zoning
Board Requests The City Commission Consider Recommendations Of The Board Resulting
From Several Visioning Workshops Related To The City's Commercial And! Industrial Zoning
Districts And Permitted Uses Within Each.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department
presented a presentation related to the Planning and Zoning Board/Local Planning Agency's
Visioning discussions.
City Attorney Anthony A. Garganese arrived at 6:41 p.m.
Discussion.
Commissioner Michael S. Blake stated, "I am a little concerned that we are still talking about
now upzoning that portion of the 'C-2' to 'I-I' while really adjacent to that property we have
July 12, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B:
Commission Workshop
both C-1 and 'Residential' right across the street there." Ms. Sahlstrom stated, "So you're
concerned about this being '1-1' rather than 'Commercial'..." Commissioner Blake stated, ".. . Yes-
it is currently 'C-2'." It is for the most part developed already..." Ms. Sahlstrom then said, "... It
is..." Commissioner Blake added, "Is it not developed under 'C-2' standards?" Ms. Sahlstrom
responded, "Yes." Commissioner Blake then said, "Is there anything going on there currently that
would not fit under 'C-2' as you are proposing to amend it?" Ms. Sahlstrom said, "Yes."
Deputy Mayor Martinez said to Ms'. Sahlstrom, "I think that the point that he bIings up - has to be
given more attention because, I do not know if the other Commissioners agree, but if we have all of
that 'Industrial' there, 'Industrial' fits Adult Entertainment, and I think it would not go very well so
close to residential areas." Ms. Sahlstrom agreed and said, "Yes, that is a large consideration,"
Further discussion.
Commissioner Blake asked Ms. Sahlstrom to read a statement about noxious odors. Ms. Sahlstrom
read the following statement: "The purpose of this district is to encourage and develop industry of
an exceptionallv clean. nonobiectionable type and to protect it from encroachment of smoke. fumes.
vibration. noise or odors." Furthermore, Ms. Sahlstrom stated, "I guess that is not exactly what we
want here. We want to protect adjacent uses from - encroachment, from the district..."
Commissioner Blake said, "...1 would agree..." Ms. Sahlstrom added, "...Is really the direction we
were trying to go. Thanks for pointing that out."
Further discussion.
Manager McLemore departed the Workshop at 7:13 p.m.
Deputy Mayor Martinez stated, "On the 'Light Industrial District' page, at the bottom, on the (Q), it
says 'Kennels, pet and animal rescue operations, animal boarding houses', and so on and so forth.
Should we include a 'Conditional Use' clause because the Planning and Zoning Board [/Local
Planning Agency] recommended 'Conditional Use' for this type of operation?" Ms. Sahlstrom said,
"In the 'I-I', we didn't make that a - 'Conditional Use'. We can put it there if the Commission
prefers it to be a 'Conditional Use'." Commissioner Sally McGinnis said, "I do." Ms. Sahlstrom
then said, "Okay."
Discussion.
Tape l/Side B
Commissioner McGinnis inquired about a "Noise Curfew" and stated, "I think this - definitely
warrants a section." Ms. Sahlstrom suggested, "Maybe a table relating to the different districts, what
is acceptable." Commissioner McGinnis added, "Proximity to neighborhoods." Ms. Sahlstrom
agreed and said, "Exactly."
July 12, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B:
Commission Workshop
Ms. Sahlstrom then pointed out, "At some point we will need to come back and complete the
Rezoning of properties - in the area along Old Sanford-Oviedo Road, from 'C-2' to 'I-I'. It makes
sense to do that after the Code is revised if it is in fact going to be revised."
While referring to Attachment 'D' - 'C-l', Ms. Sahlstrom stated, "We have added under 'C-l',
'Animal hospitals and veterinary clinics (with no outside kennels)'. That is a new 'Permitted Use'.
But then, under 'Conditional Use', we have added, 'Animal hospitals and veterinary clinics' and it is
supposed to say, '(with outside kennels)'."
Ms. Sahlstrom then stated, "Item (39), 'Health and exercise clubs and athletic training facilities' -
that is redundant. We have item (59) - it says 'Physical fitness and health clubs'. I think we could
simply add 'athletic training facilities' to that."
Discussion.
Deputy Mayor Martinez pointed out, "'Artists' - it is too ambiguous, and I think we should clarify it
a little bit." Attorney Garganese said, "That is not a problem." Discussion.
Next, under Attachment 'E,' Commissioner Blake said, "In this preamble here it discusses where a
suitable area would be in terms of the transportation corridor, that it would be adjacent to. Anthony
[Garganese], do we open ourselves up to a challenge to rezone, upzone certain areas because they
happen to be adjacent to say [State Road] 434 which might be six (6) lanes at that point?" Attorney
Garganese stated, "You could put some language in here excluding State Road 434." Commissioner
Blake added, "Tuskawilla Road - I would want to protect also."
With further discussion, Commissioner Blake stated, "I would be concerned about somebody
bringing this preamble in to us and saying, 'Well, you have to give me this type of Zoning here
because I meet all of the qualifications;' and I don't think we can unreasonably withhold that, if we
don't write it correctly. Ijust think it needs some work."
Ms. Sahlstrom then said, "I would need clarification on this, but I think that the only true major
arterial would be [US Highway] 17-92, unless it would be the GreeneWay. The others I believe
would be considered collectors."
Commissioner Blake further inquired, "How do you define that?" Ms. Sahlstrom responded, "We
will just note your concern." Attorney Garganese suggested, "Limit this district to lands adjacent to
US Highway 17-92 or in close proximity thereto, instead of opening up all of Tuskawilla Road or
State Road 434, Northern Way." Attorney Garganese then suggested that Ms. Sahlstrom include
"An exclusion in here - just excluding [State Road] 434 and Tuskawilla Road from this District."
Commissioner McGinnis stated, "I think so."
July 12,2004
PUBLIC HEARlNG AGENDA ITEM 400
ATTACHMENT B:
Commission Workshop
Ms. Sahlstrom inquired, "Is it your preference to say 'Limited to lands along Highway 17-92 up
a
block' or to say 'Excluding [State Road] 434 and Tuskawilla Road'?" Deputy Mayor Martinez said,
"I think 'Excluding' is better." Commissioner McGinnis agreed and stated, "Yes." Commissioner
Blake said, "I think it would be better not to 'Exclude', but to - not say where it does not happen,
but say where it does happen."
Attorney Garganese suggested, "This District is intended to be limited to US Highway 17-92 and
maybe that intersection when you study the map." Furthermore, Attorney Garganese offered, "You
may want to even change the name of it - of the Zoning District. Instead of calling it 'Highway
Commercial,' maybe it is the' 17-92 Commercial District'." Ms. Sahlstrom added, "That's fine."
With discussion, Deputy Mayor Martinez said to Ms. Sahlstrom, "You and the City Attorney got the
jist of what the Commission suggested - whenever you bring it back, that should be in there."
With further discussion, Commissioner McGinnis stated, "When you look under the' [US Highway]
17-92 Commercial District', all those uses, and in there are 'Cultural institutions (such as museums
and art galleries)'." Ms. Sahlstrom suggested, "I think we should add that under 'C-l '."
Commissioner McGinnis then said, "I would agree." Deputy Mayor Martinez added, "No objection
- so go ahead."
Mr. John Baker, AICP, Senior Planner, Community Development Department addressed the City
Commission and said, "There might be a possible conflict between the 'Big box retail' and the
'Retail commercial', not to exceed 50,000 square feet - Items (3) and (25)." With further discussion,
Ms. Sahlstrom inquired, "Would you want bigger than 50,000 [square feet]?" Commissioner
McGinnis said, "No." Commissioner Blake stated, "It depends on where."
Deputy Mayor Martinez then asked Commissioner Blake, "So you are in favor of (3) and (25)
staying?" Commissioner Blake responded, "I don't have a problem with (3) being there. (25) is
potentially a conflict. I do not know why we need to limit it to 50,000 square feet there."
Commissioner McGinnis stated, "I prefer limitations - 50,000 [square] feet." Commissioner
McLeod added, "I don't think you should limit yourself." Deputy Mayor Martinez summarized that,
"The majority opinion is over 50,000 [square feet]."
Ms. Sahlstrom said, "Would you want to have something under the 'Conditional Use', that ifit was
over 50,000 [square feet], they would need a 'Conditional Use'?" Deputy Mayor Martinez said,
"That would be a way out." Commissioner McGinnis stated, "That is good." Commissioner Blake
responded, "I don't have a problem with that." Commissioner McLeod said, "I don't think you
ought to limit yourself."
Next, Ms. Sahlstrom spoke on the "Conditional Uses" and said, '''Light manufacturing, processing,
assembly and/or distribution (not to exceed 3,500 SF' [square feet] - that was Tenants; not to
exceed, not the building itself." Commissioner McGinnis pointed out, "That is not clear though."
July 12,2004
PUBLIC HEARlNG AGENDA ITEM 400
ATTACHMENT B:
Commission Workshop
Ms. Sahlstrom suggested, "We need to add that language."
Next, Ms. Sahlstrom stated, "The 'C-2' that you have in your packets - there were no changes or
recommendations to that." I have looked through it. We probably will want to make some
changes." Ms. Sahlstrom added, "P and Z [Planning and Zoning Board/Local Planning Agency]
hasn't made those recommendations. It's probably some we could bring back at another time."
Deputy Mayor Martinez stated, "What I would like to suggest is the Commissioners look over the
list here and if they have any suggestions to bring them up,"
Attorney Garganese said to Ms. Sahlstrom, "Are you going to be working on the GreeneWay
Interchange District Update, any time soon?" Ms. Sahlstrom stated, "I haven't had any direction
relating to that - ifthe Commission or if you felt we needed to do that.. ." Attorney Garganese said,
"I think that should be on the starting blocks."
Commissioner McGinnis said to Ms. Sahlstrom, "You did a wonderful job. I think the Committee
deserves a big round of applause for all the work they did."
Ms. Sahlstrom then inquired, "How would the Commission like us to proceed at this point?"
Commissioner Blake said, "Make the changes and put them all together and bring them back, but I
would like to have them all come back at the same time." Commissioner McGinnis stated, "I agree."
Commissioner McLeod added, "Works for me."
ADJOURNMENT
Deputy Mayor Martinez adjourned the Meeting at 8:00 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO-LUACES, CMC
CITY CLERK
July 12, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT C:
DISTRICT 14. C-C Commerce Center District. (ADOPTED 02/09/04)
Sec. 20-345. In General.
The provisions of this district are intended to applv to lands suitable for a wide variety of small scale (less
than 3500 SF) commercial and liqht industrial tenants in divided warehouses which serve the needs of the
community without aeneratina excessive traffic from clientele and suppliers of material. The purpose of
this district is to encouraae and develop start-up industry of an exceptionallv clean. non-obiectionable type
and permit the normal operation of land uses listed hereunder under such conditions of operation that will
protect anv abuttina residential and other noncommercial uses. minimize the interruption of traffic alonq
adiacent thorouahfares. and promote aesthetic and architectural harmonv. attractiveness. and
compatibilitv within the community and abide bv the performance and development standards of the city,
countv. state and U.S. qovernment. Areas of the City for which this zonina cateaory is appropriate are
desiqnated on the future land use map as "Industrial."
Sec. 20-345.1. Uses permitted.
Within the C-C Commerce Center District. no buildina. structure, land or water shall be used except for
one (1) or more of the followina uses:
1- Liqht manufacturina. processinq, and/or assemblv: wholesale sales and distribution of:
a. Audio books;
b. Bakery products:
c. Bottlina plants:
d. Brooms and brushes:
e. Candv and confectionery products:
f. Ceramics and pottery;
g. Cosmetics and toiletries;
h. Customized cabinetry, furniture. or other specialty woodworkinq shop.
i. Dairy products:
j. Dental labs:
k. Electrical machinery and equipment;
I. Electronic equipment; software development;
m. Floral desiqn:
n. Garments. textile products includina draperies:
o. Glass and alass products:
p. Jewelry:
q. Optical equipment;
r. Material or product packaqinq;
s. Medical supplies (with limited rental);
t. Perfume: .
u. Pharmaceutical products:
v. Photoqraphic equipment and supplies:
w. Plastic products. except pvroxvlin:
x. Precision instruments and machinery:
y. Promotional products:
z. Recreational equipment;
aa. Screen printina:
bb. Soap products and candles:
cc. Shoes and leather aoods (except leather processinq):
dd. Sians:
ee. Silverware and utensils:
ff. Specialtv foods;
gg. Specialty merchandise:
hh. Spices and spice packaqinq;
ii. Stationery:
jj. Tovs.
July 12,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT C:
II. Window coverinqs;
2- CaterinQ.
3- Equipment service and installation.
4- Landscapina services.
5- Offices and studios includinq:
a. Advertisina and marketinQ;
b. Artists. such as painters. sculptors. and craftmakers;
c. Auctioneers;
d. Consultants;
e. Contractors;
f. Graphic arts. desiQn;
g. Mail order addressinQ;
h. Musicians;
i. Photoaraphy;
j. Radio and television;
k. Real estate brokers;
I. Telephone sales solicitors;
m. Utility manaqement services;
n. Vehicle brokers or aQents;
o. Wholesale sales and distribution; and
p. Wrecker and towina service.
6- Packina & Shippina Services.
7 - Paint Stores.
8- PrintinQ. bookbindina, enQravina, and publishinq plants.
9- Public and aovemmental services and facilities.
10- Record manaaement. data processina services. data storaae facilities.
11- Research, development. and laboratory facilities.
12- TestinQ of materials. eauipment. and products.
13- Technical and trade instruction.
14- Vehicle repair (does not include body work or paintina).
15- Vehicle upholstery.
16- Window tintinQ.
17- WarehousinQ and storaae in enclosed buildinas or structures (includina cold storaae and frozen
food lockers).
18- Wholesale sales and distribution.
19- Retail sales directly associated with a permitted use authorized by this Section. provided the retail
sales are ancillarv, secondarv, and incidental to the permitted use.
Sec. 20-345.2. Buildina Heiaht Restrictions.
No buildinq or structure shall exceed thirty-five (35) feet.
Section 20-345.3. Conditional Uses.
(a) Liaht manufacturinQ. processina. and assemblv not listed above.
(b) Health and exercise clubs and instruction which qenerate traffic from clientele.
(c) Laundry and dry cleanina (with non-flammable solvents only).
(d) Outside storaQe if screened from streets and adiacent properties by a masonry wall with an
opaaue qate.
(e) Tenant area qreater than 3500 SF. but less than 7500 SF.
Section 20-345.4. Bulk reaulations.
(1) All uses shall be maintained within an enclosed permanent buildina with no outside storaae.
unless permitted by conditional use.
(2) Maximum tenant area: 3500 SF. unless permitted bv conditional use.
(3) Minimum front setback: Twenty-five (25) ft.
(4) Minimum side and rear setback: Fifteen (15) ft.
July 12,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENTD:
ORDINANCE 2004-28
ORDINANCE 2004-28
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING, BY AMENDING THE LIST OF
PERMITTED, CONDITIONAL, AND PROHIBITED USES
WITHIN THE 1-1 LIGHT INDUSTRIAL DISTRICT, WITIDN
THE C-l NEIGHBORHOOD COMMERCIAL DISTRICT, AND
WITHIN THE C-2 GENERAL COMMERCIAL DISTRICT;
ADOPTING A NEW ZONING DISTRICT CA TEGORY
CALLED "C-3 HIGHWAY 17-92COMMERCIAL DISTRICT"
AND ESTABLISHING PERMITTED, CONDITIONAL, AND
PROIDBITED USES WITHIN THAT DISTRICT; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission 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 has the police power to establish comprehensive zoning districts and
regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272
U.S. 365 (1926); and
WHEREAS, the City Commission and City staff held a workshop to conduct a
comprehensive review of the City's current list of permitted, conditional, and prohibited uses under
the 1-1, C-l and C-2 zoning districts; and
WHEREAS, upon review, the City Commission hereby finds that the current 1-1, C-l and C-
2 zoning schemes do not provide adequate safeguards to protect against introducing incompatible
land uses which may impact adjacent or surrounding land uses and may make it difficult to create a
system of transitional commercial and industrial zoning districts throughout the City; and
WHEREAS, the City Commission desires to amend the current list of permitted, conditional,
and prohibited uses under the 1-1, C-l and C- 2 zoning districts, and to create a new C-3 Highway 17-
92 Commercial District; and
WHEREAS, the Planning and Zoning BoardlLP A has reviewed this Ordinance and has
found it consistent with the City's Comprehensive Plan and recommended approval to the City
Commission; and
City of Winter Springs
Ordinance 2004-28
Page 1 of 12
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 CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Code Amendments. Chapter 20, Zoning, of the City of Winter Springs Code
is hereby amended as follows (underlined type inclicates additions and strikeout 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):
ARTICLE III. ESTABLISHMENT OF DISTRICTS
* * *
DIVISION 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS
Sec. 20-231. In general.
The C-1 Neighborhood Commercial District consists of lands abutting principal streets, the frontages
of which are especially adaptable to selected low traffic generating uses light retail sales and services
and office-oriented professional services which serve the community and which are not detrimental
to adiacent residential districts. 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 promote
spaciousness of land uses, minimize traffic along adjacent 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, state, and U.S. government. Areas of the city for which this zoning
category are appropriate are designated on the future land use map as "Commercial."
Sec. 20-232. Uses permitted.
(a) Within any C-l Neighborhood Commercial District, no building, structure, land or water
shall be used except for one (1) or more of the following uses:
City of Winter Springs
Ordinance 2004-28
Page 2 of 12
(1) Administrative public buildings;
~ill Advertising agencies;
Bjill Alcoholic beverage sales (package);
~m Alcoholic beverage on-premises consumption;
~81 Alterations and tailoring;
(5) Animal hospitals and veterinary clinics (with no outside kennels);
(6) Antique and gift shop;
(7) Appliances, sales and service;
(8) Art supplies and picture framing shops;
f&1i2l Artists' (such as painters, sculptors, and craftmakers) studios;
t91.Cl.ill Attorneys;
fl{BQJ.2 Automotive accessories sales;
fl-I-K1Z1 Bakery, retail;
~i.l.J2 Bathroom accessories;
~.c..Ml Bicycles, sales and service (including rentals);
fl41@ Bookstores, stationery and office supplies, newsstands;
~i.l22 Bookkeepers;
(16) Bovlling alleys;
(17) Butcher shop, retail only;
(18) Carpets, rugs and linoleum;
(19) Car 'Nash;
(20) Places of worship;
~il[l Cleaners;
~l..1.2..l Coin dealers;
~(20) Computers, hardware, aM software. and other electronics sales and service;
fM).G1} Confectionery and ice cream stores (including outside dining);
(22) Copy shops;
(23) Cultural institutions (such as museums, etc. );
~(24) Dance and music studios;
fUj(25) Day nurseries, kindergartens and day care;
~(26) Drug and sundry stores;
~(27) Employment agencies;
~@ Financial institutions, banks, savings and loan;
(29) Floor coverings;
(30) Florist and gift shops (including outdoor display and sales);
(31) Formal wear rentals;
(31) Mini mart (convenience store, snack shop and self service gasoline sales);
(32) Furniture, retail, new and used;
(33) Grocers, retail; those whose business include and are limited to the retail sale of
grocer~es including produce, meats and household goods but shall not include the sale of
gasoline;
(34) Gun shop;
(35) Hair and beauty salons (including nail salons);
(36) Hardware stores;
(37) Health and exercise clubs and athletic training facilities;
~QID Health food;
City of Winter Springs
Ordinance 2004-28
Page 3 of 12
~Q.22 Hobby and craft shops; fabric stores;
fJ91(40) Hospitals, and nursing homes;
~B12 Hypnotists;
~(42) Ice, retail
~(43) Insurance;
~(44) Interior decorating and draperies;
~(45) Jewelry stores;
(4:B(46) Launderettes and laundromats;
(44j( 47) Libraries;
~(48) Loan companies;
~(49) Locksmiths;
~{2Q} Luggage shops;
fW1Qll Medical and dental clinics and laboratories;
(52) Micro-breweries and micro-wineries;
Mill} Nurseries, plants, trees, etc., retail (including outdoor display and sales);
(54) Offices, professional and business;
~~ Outdoor advertising signs sales offices;
~ilil Paint store; .
~Q12 Parking garages;
~QID Pet shops and grooming;
~Q22 Photographic studios;
(57) Physical fitness and health clubs;
~(60) Post office;
~{Ql2 Private clubs and lodges;
(60) Quick printers;
(62) Public and government services;
(61) Radio and TV broadcasting studios, excluding to.,vers;
~fQl} Radio and TV sales and service;
(64) Religious assembly;
~~ Rental shops;
(64) Professional offices such as Imvyers, doctors, accountants, computer soft"yare
engineers, architects and similar type offices;
~@ Retirement homes;
~(67) Restaurants and outdoor dining; cafes;
~iQID Schools, public, private and parochial, service vocational schools (such as
cosmetology, medical and dental assistant's training) requiring no mechanical equipment;
f6&j(69) Shoe repair shops;
(@j(70) Skating rinks;
f7Qjf112 Sporting goods, retail;
f+B(72) Swimming pools-;- sales, service and supplies;
tn1iTI.2 Tailoring shops;
f+Jj(74) Taxidermists;
f74j(75) Telephone business office and exchanges and telemarketers (No dispatch);
(75) Theaters, not drive ins;
(76) Title companies;
(77) Tobacco shops;
City of Winter Springs
Ordinance 2004-28
Page 4 of 12
(78) Toy stores;
(79) Travel agencies;
(80) Wearing apparel stores;
(b) Outdoor display and/or sales are prohibited except as specified or as permitted by special
exception.
* * *
Sec. 20-234. Conditional uses.
(1) Amusement and recreational parks and centers (including golf driving: ranges,
miniature golf courses, billiard halls, children's play centers, bowling alleys and similar
uses);
(2) Animal hospitals and veterinary clinics with outside kennels;
(3) Car wash;
(4) Convenience markets and stores and self-service gasoline sales;
ill W Multiple-family residential units may be permitted as conditional uses as provided
by the board of adjustment. with a maximum allowable density no greater than that allowed
under a Medium Density Residential future land use designation and with at least two (2)
parking spaces for each unit provided within an enclosed garage.
(b) Before a conditional use may be granted within the classification, the board of
adjustment must, after public hearings, find that the use or uses are consistent with the
general zoning and with the public interest.
* * *
Sec. 20-236. Building site area regulations. Overlay district regulations.
In C 1 Neighborhood Commercial Districts, the building site area regulations are none. Overlay
district regulations may apply.
Sec. 20-237. Front, rear and side yard Bulk regulations.
ill (a) Fmnt yard. A front yard or setback of at least fifteen (15) feet shall be provided,
except however, that when the frontage in one (1) block is located partly in C 1
Neighborhood Commercial Districts and partly in a residential or multiple dwelling district,
then the front yard requirements of the residential district or multiple dwelling district shall
apply to the C 1 Neighborhood Commercial Districts. Minimum front setback: Twenty-five
(25) ft.
ill (b )Side )'e.rd. None required except on that side of the lot abutting upon the side of a
lot zoned for residence purposes, in '.vhich case there shall be a side yard of not less than
thirty (30) feet. In all other cases a side yard, if provided, shall not be loss than three (3) feet.
Minimum rear and side setback: Fifteen (15) ft.
City of Winter Springs
Ordinance 2004-28
Page 5 of 12
(3) The total impervious surface area shall not exceed seventy-five (75) percent of the
total site.
* * *
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:
* * *
(13) Flea markets, open air; Offices, professional and business;
* * *
(32) MillOr aAutomotivelboat/manufactured home minor service and minor 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 not outdoor storage of any kind;-~
* * *
Sec. 20-253. Building site area regulations heil!ht rel!ulations.
No building or structure shall exceed fifty (50) feet in height.
Sec. 20-254. Conditional uses.
fB@ Multiple-family residential mHts-, with a maximum allowable density no greater than
that allowed under a Medium Density Residential future land use designation and with at
least two (2) parking spaces for each unit provided within an enclosed garage;
(2) Major aAutomotivelboat/manufactured home maior service and maior reparr
establishments (including body repairs and painting and similar heavy type uses);
ill Car wash:
~ill Halfway houses, group homes, and similar uses;
f41ill Small-scale cabinet makers, furniture assembly, and woodworking shops (not to
exceed 2,500 sq. ft.);
~iID Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.);
f61ill Mortuary and funeral homes;
City of Winter Springs
Ordinance 2004-28
Page 6 of 12
fBill Amusement and recreational parks and centers (including golf driving ranges,
miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar
uses);
(8) Body piercing and tattoo shops.
Sec. 20-255. Bulk regulations.
ill Minimum front setback: Twenty-five (25) ft.
ill Minimum side and rear setback: Fifteen (15) ft.
ill The total impervious surface area shall not exceed seventy-five (75) percent of the
total site.
Sec. 20-~2S6-20-2S7. Reserved.
DIVISION 8.5. 1-1 LIGHT INDUSTRIAL DISTRICT
Sec. 20-258. In general.
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 suitable for light industrial land uses and to authorized land uses and activities which
that could cause adverse secondary effects and influences on residential areas sllrrounding
neighborhoods and nonindustrial uses. Such lands should be are located in close proximity to
principal thoroughfares transportation facilities and adequately separated (or buffered or both) away
from residential and commercial 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 adiacent parcels from
encroachment of smoke, fumes, vibration, noise or odors of any obiectionable nature and to promote
aesthetic and architectural harmony, and attractiveness within the community. allo'N the land uses
listed hereunder under such conditions of operation and standards that '.vill protect nearby residential
and commercial uses. All uses allowed hereunder shall abide by the performances and development
standards imposed by local of the city, county, state, and U.S. government federalla'o',' and by any
development agreement required by the city. Areas of the city for which this zoning category may be
appropriate are designated on the future land use map as "Industrial."
Sec. 20-259. Uses permitted.
Within the 1-1 Light Industrial Zoning District, no building, structure, land or water shall be used
except for one (1) or more of the following uses:
(1) Any permitted use listed in Section 20-345.1 of the "Commerce Center" District;
Light manufacturing, processing and assembly, including:
(a) Precision manufacturing;
(b) Electrical machinery and computer components and chips;
(e) Bottling plants;
City of Winter Springs
Ordinance 2004-28
Page 7 of 12
(d) Recycling of non hazardous materials;
(e) Garments;
(D Bakery products;
(g) Ceramics and pottery;
(h) Dairy products;
(i) Glass and glass products;
0) Pharmaceutical products;
(k) Shoes and leather goods (except leather processing);
(1) Brooms and brushes;
(m) Candy and confectionery products;
(n) Cosmetics and toiletries;
(0) Soap products and candles;
(p) Jewelry;
(q) Optical equipment;
(r) Perfume;
(s) Plastic products;
(t) Silvenvare and utensils;
(ll) Spices and spice packaging;
(v) Stationery; and
(w) Toys.
(2) ,^.utomotiye body repairing and painting; repair of mobile homes and vehicles with
more than t\VO (2) axles.
(3) Warehousing in enclosed buildings or structures.
(1) Kennels, pet and animal rescue operations, animal boarding houses, and similar
animal facilities or operations.
ffiill Outside ,^.utomotive storage of 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 (See Section 20-263 below.h~
(6) Research, development, and laboratory facilities. Machinery sales and storage;
fBill Adult entertainment and sexually oriented businesses';"~
(8) Public and governmental services. Showrooms.
t91ill Cabinet makers, furniture assembly and woodworking shops';"~
(10) Pawn shops.
(11) Distributing of nonhazardous materials or products.
(12) Printing, bookbinding, engraving, and publishing plants.
(13) Radio and television studios and offices.
(11) Cold storage and frozen food loclcers.
~ill Laundry and dry cleaning';"~
(16) Trucking terminals.
(17) Landscaping services.
(18) Record management and data storage facilities.
fl-91ill Boat building and storage yards';"~
* * *
City of Winter Springs
Ordinance 2004-28
Page 8 of 12
Sec. 20-261. Conditional uses.
(1 ) Body piercing and tattoo shops;
(2) Building floor area greater than 50.000 sq. ft.;
ill W Halfway houses, group homes and similar useS7~
ill (b) Bulk outdoor storage, bl:lt 110t including storage of flammable or hazardous
materials. Kennels. pet and animal rescue operations. animal boarding houses, and similar
animal facilities or operations;
ill f€1 Light manufacturing, processing, and assembly not listed under Section 20-~
345.1(l)-"7~
@ (d) Health and exercise clubs. Trucking terminals;
ill W Welding shops.
Sec. 20-262. Bulk regulations.
ill W Minimum floor area: Nine hundred (900) sq. ft.; Maximum floor area: 50.000 sq.
ft. unless permitted by Conditional Use.
ill fbj Minimum lot size: Seven thousand five hundred (7,500) sq. ft.
ill f€1 Minimum lot width: Seventy-five (75) ft.
ill ta) Minimum lot depth: One hundred (100) ft.
ill W Minimum front setback: Twenty-five (25) ft.
@ ff1 Minimum rear setback: Fifteen (15) ft.
ill W Minimum side interior setback: NeHe, Five (5) ft.; side corner lot: Fifteen (15) ft.
00 The total impervious surface area shall not exceed seventy-five (75) percent of the
total site.
Sec. 20-263. Enclosed buildim:!s and outside storage.
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.
Sec. 20-UJ264 - 20-265. Reserved.
Section 3. C-3 Highway 17-92 Commercial 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 15 as follows (underlined type are additions and strikeout type are
deletions):
DIVISION 15. C-3 HIGHWAY 17-92 COMMERCIAL DISTRICT
Sec. 20-346. In general.
The lands of the "C-3 Highway 17-92 Commercial" District are particularly oriented to a wide
variety of commercial and professional office uses which may generate excessive traffic from
clientele or capture large volumes of traffic from adiacent thoroughfares. The purpose of this district
is to encourage and develop the normal operation of general commercial land uses listed here. under
such conditions of operation as will protect abutting residential and other noncommercial uses, and
City of Winter Springs
Ordinance 2004-28
Page 9 of 12
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 adiacent to or easily serviced bv collector and maior
arterial roads adaptable to higher traffic generating general commercial uses. Areas of the city for
which this zoning category may be appropriate are designated on the future land use map as
"Commercial. "
Sec. 20-346.1. Uses permitted.
Within "C-3 Highway 17-92 Commercial" District. no building, structure. land or water shall be
used except for one 0) or more of the following uses:
(1) Any use permitted in the C-l Neighborhood Commercial District;
(2) Amusement and recreational parks and centers (including golf driving ranges,
miniature golf courses, billiard halls, children's play centers. bowling alleys and similar
uses);
(3) Automotive/boat/manufactured home minor service and minor 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:
(4) Automotive and vehicular retail sales; rental and leasing;
(5) Baker, retail and wholesale (including coffee roasting);
(6) Big box retail;
(7) Boat sales;
(8) Bus terminal;
(9) Car wash;
(0) Cold storage and frozen food lockers;
(1) Contractors (provided that all activity and storage shall be conducted within a
completely enclosed building and there is no outdoor storage of any kind);
(2) Convenience markets and stores and self-service gasoline sales;
(3) Corporate headquarters and office parks;
(14) Equipment rental;
(15) Gas, bottled;
(16) Grocers, retail and wholesale;
(7) Gas stations (full service). as an accessory use to a convenience store and satisfying
any distance requirement established by City Code:
(18) Indoor public storage;
(19) Industrial trade, professional and vocational schools, not involving operations of an
industrial nature;
(20) Laboratories for testing materials and chemical analysis of a non-industrial nature:
(21) Landscaping services; nurseries, plants. trees;
(22) Lumber, building. and home improvement supplies in an enclosed building or
structure;
(23) Motels and hotels:
(24) Movers:
(25) Pest control (exterminating) of a non-industrial nature;
City of Winter Springs
Ordinance 2004-28
Page 10 of 12
(26) Printers, commercial:
(27) Radio and television studios and offices:
(28) Recreational vehicles sales and service:
(29) Research development and service facilities:
(30) Retail commercial and commercial outlets not exceeding 50,000 sq. ft.:
(31) Showrooms:
(32) Theaters, not drive-ins.
Sec. 20-346.2. Buildilll! height regulations.
No building or structure shall exceed fifty (50) feet in height.
Sec. 20-346.3. Conditional uses.
(1) Automotive/boat/manufactured home maior service and maior repair establishments
(including body repairs and painting and similar heavy type uses) provided that all activity
shall be conducted within a completely enclosed building and there is no outdoor storage of
anv kind:
(2) Halfway houses, group homes, and similar uses:
(3) Light manufacturing, processing, assembly and/or wholesale distribution, provided
that all activity shall be conducted within a completely enclosed building (tenant space not to
exceed 10,000 sq. ft.) and there is no outdoor storage of any kind:
(4) Mortuary and funeral homes:
(5) Multiple-family residential with a maximum allowable density no greater than that
allowed under a High Density Residential future land use desi?:nation and with at least two
(2) parking spaces for each unit provided:
(6) Outside storage if screened from streets and adiacent properties by an 8' masonry
wall with any gates being opaque.
(7) Pawn shops.
(8) Retail commercial and commercial outlets exceeding 50,000 sq. ft.:
(9) Seasonal or temporary outdoor display and/or sales (such as Chtistmas tree lots, etc.):
Sec. 20-346.4. Bulk regulations.
(1 ) All uses shall be maintained within an enclosed permanent building with no outside
display, sales, or storage unless stated otherwise or permitted by conditional use.
(2) Minimum front setback: Twenty-five (25) ft.
(3) Minimum rear setback: Fifteen (15) ft.
(4) Minimum side setback: Five (5) ft.: side corner lot: Fifteen (15) ft.
(5) The total impervious surface area shall not exceed seventy-five (75) percent of the
total site.
Section 4. 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.
City of Winter Springs
Ordinance 2004-28
Page 11 of 12
Section 5. 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.
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
adoption by the City Commission of the City of Winter Springs, Florida 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 , 2004.
ATTEST:
JOHN F. BUSH, Mayor
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 2004-28
Page 12 of 12