HomeMy WebLinkAbout2004 06 28 Public Hearings 401
COMMISSION AGENDA
ITEM 401
Consent
Informational
Public Hearing X
Regular
June 28, 2004
Meeting
MGR. (l/IDEPT Jff
Authorization
REQUEST:
The Community Development Department- Planning Division and Planning & Zoning Board
requests the City Commission hold a public hearing for Second Reading of Ordinance 2004-28,
establishing a new zoning district entitled "C-3 Highway I 7-92 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 districts 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 Sprin'gs 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 sexuaIIy 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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June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
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 ofthese 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. 11. 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 "1-1 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- 1 sl Reading of Ordinance 2004-28
Jun. 17.2004- Public Noticing in Orlando Sentinel for Public Hearing
CONSIDERATIONS:
As a follow-up to the adoption of Ordinance 2002-07, Staff began the administrative rezoning
from "C-2" to "1-1" for parcels with an underlying "Industrial" future land use. However, what
initially seemed to be a simple task, proved more difficult.
InitiaIIy, it appeared that the list of permitted uses in each of the "C-2" and "1-1" 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:
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
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
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 of this 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 11, 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 Second Reading 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.
IMPLEMENTATION SCHEDULE:
June 28, 2004- 2nd Reading of Ordinance 2004-28
July 1,2004- Public Noticing in Orlando Sentinel for Public Hearing and Adoption
July 12,2004- Final Reading/Adoption of Ordinance 2004-28
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 2004-28
COMMISSION ACTION:
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A:
P&Z Minutes
CITY OF WlNTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETlNG
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: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A:
P&Z Minutes
1-1 Light Industrial District
Board Member William Poe read the 1-1 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 I -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-l 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.
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A:
P&Z Minutes
VOTE:
VICE CHAIRPERSON KREBS: AYE
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AWAY FROM DAIS
BOARDMEMBERPOE: 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. I would recommend that we put that in there."
Discussion.
Board Member Karr returned to the dais - 5:58 p.m.
C-l Neighborhood Commercial
Mr. John Baker, AICP, Senior Planner, Community Development Department, addressed C-l
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 ifthey
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-l NEIGHBORHOOD DISTRICT).
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A:
P&Z Minutes
"I MAKE A MOTION TO RECOMMEND THAT ANY ANIMAL HOSPITAL AND/OR
ANIMAL CLINIC WITH OUTSIDE FACILITIES 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 6:10 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)
BOARD MEMBER KARR A WAY FROM DAIS
BOARD MEMBER POE: NAY
BOARD MEMBER VQSKA: NAY
VICE CHAIRPERSON KREBS: NAY
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
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 HIGHWAY
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
CHAIRMAN TOM BROWN: AYE
BOARD MEMBER KARR AWAY 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.
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B:
CC 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 caIIed to order by Deputy
Mayor Edward Martinez, Jr. at 6:31 p.m. in the Commission Chambers of the Municipal Building
(City HaIl, 1126 East State Road 434, Winter Springs, Florida 32708).
Mayor John F. Bush, absent
Deputy Mayor Edward Martinez, Jr., present
Commissioner Robert S. MiIler, absent
Commissioner Michael S. Blake, present
Commissioner SaIly McGinnis, present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, arrived at 6:41 p.m.
FoIlowing a moment of silence in memory of Mr. 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 '1-1' while reaIIy adjacent to that property we have
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B:
CC Workshop
both C-l and 'Residential' right across the street there." Ms. Sahlstrom stated, "So you're concerned
about this being 'I-I' 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 brings 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 exceptionaIIyclean, 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 reaIIy 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 liS ide 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."
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B:
CC 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 '1-1'. 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 ofthe transportation corridor, that it would be adjacent to. Anthony
[Garganese], do we open ourselves up to a challenge to rezone, up zone 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 coIIectors."
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 TuskawiIla 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."
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B:
CC 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 caIIing 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."
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B:
CC 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
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT C:
Excerpts from Ordinance 2004-02 establishing the
"CC- Commerce Center" District
DIVISION 14. CC - COMMERCE CENTER ZONING DISTRICT.
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 light industrial tenants in divided
warehouses which selve the needs of the community without generating excessive traffic
from clientele and suppliers of materials. The purpose of this district is to encourage 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 any abutting residential and other noncommercial uses, minimize the interruption
of traffic along adiacent thoroughfares, and promote aesthetic and architectural harmony.
attractiveness. and compatibilitv within the community and abide bv the performance and
development standards of the city, county. state and U.S. government. Areas of the City
for which this zoning category is appropriate are designated on the future land use map as
"Industria!."
Sec. 20-345.1. Uses permitted.
I
Within the CC - Commerce Center Zoning District. no building. structure, land or water
shall be used except for one (1) or more of the followina uses:
(1) Light manufacturing. processing. and/or assemblv: wholesale sales and
distribution of:
(a) Audio books:
(b) Bakerv products:
(c) Bottling plants:
(d) Brooms and brushes:
(e) Candv and confectionery products:
(f) Ceramics and pottery:
(9) Cosmetics and toiletries:
(h) Customized cabinetry. furniture. or other specialtv woodworking shop:
(i) Dairv products:
(j) Dental labs:
(k) Electrical machinery and e~uipment:
(I) Electronic eouipment: software development;
(m) Floral arrangements:
(n) Garments. textile products including draperies:
(0) Glass and glass products:
(p) Jewelrv:
(0) Optical equipment;
City of Winter Springs
Ordinance No. 2004-02
Page 2 of 6
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT C:
Excerpts from Ordinance 2004-02 establishing the
"CC- Commerce Center" District
(I') Material or product packaging:
(s) Medical supplies (with limited rental):
(t) Perfume:
(u) Pharmaceutical products:
(v) Photographic eauipment and supplies:
(w) Plastic products. except pyroxylin:
(x) Precision instruments and machinery:
(y) Promotional products:
(z) Recreational equipment:
(aa) Screen printing:
(bb) Soap products and candles:
(cc) Shoes and leather goods (except leather processina):
(dd) Signs:
(ee) Silverware and utensils:
(ff) Specialty foods;
(gg) Specialty merchandise:
(hh) Spices and spice packaaina:
(ij) Stationery:
(iD Toys:
(kk) Vehicle accessories and parts:
(II) Window coverings:
(2) Catering.
(3) Eauipment service and installation.
(4) Landscaping services.
(5) Offices and studios includinQ:
(a) Advertisina and marketin<;l:
(b) Artists:
(c) Auctioneers:
(d) Consultants:
(e) Contractors:
(f) Graphic arts. design:
(g) Mail order addressing:
(h) Musicians:
(j) Photo<;lraphv:
(j) Radio and television:
(k) Real estate brokers:
(I) Telephone sales solicitors:
(m) Utilitv management services:
City of Wintcr Springs
Ordinancc Nu. 2004-02
Page :1 of 6
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT C:
Excerpts from Ordinance 2004-02 establishing the
"CC- Commerce Center" District
(n) Vehicle brokers or agents:
(0) Wholesale sales and distribution: and
(p) Wrecker and towing service.
(6) Packing & Shipping Services.
(7) Paint Stores
(8) Printing. bookbindina. engraving, and publishing plants.
(9) Public and governmental services and facilities,
(10) Record management. data processing services. data storaae facilities.
(11) Research. development. and laboratory facilities.
(12) Testing of materials. eauipment. and products,
(13) Technical and trade instruction,
(14) Vehicle repair (does not include body work or painting\.
(15) Vehicle upholstery,
(16) Window tintina.
(17) Warehousing and storage in enclosed buildings or structures (including cold
storage and frozen food lockers\.
(18) Wholesale sales and distribution.
(19) Retail sales directlv associated with a permitted use authorized by this
Section. proyided the retail sales are ancillary. secondary, and incidental to
the permitted use.
Section 20-345.2. Building Height Restrictions.
No building or structure shall exceed thirty-five (35) feet.
Section 20-345.3. Conditional Uses.
(1) Light manufacturing, processing, and assembly not listed above.
City of Wil1t~r Springs
Ordinance No. 2004-02
Pag~ 4 of 6
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT C:
Excerpts from Ordinance 2004-02 establishing the
"CC- Commerce Center" District
(2) Health and exercise clubs and instruction which generate traffic from
clientele.
(3) Laundrv and dry cleaning (with non-flammable solvents onlv).
(4) Outside storage if screened from streets and adiacent properties bv a
masonry wall with an opaque gate.
(5) Tenant area greater than 3500 S.F. but less than 7500 S.F.
Section 20-345.4. Bulk regulations.
(1) All uses shall be maintained within an enclosed permanent buildinQ with no
outside storage. 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) feet.
City of Winter Springs
Ordinance No. 2004-02
Pagl~ 5 or 6
June 28, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT D:
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, WITHIN
THE C-t NEIGHBORHOOD COMMERCIAL DISTRICT, AND
WITHIN THE C-2 GENERAL COMMERCIAL DISTRICT;
ADOPTING A NEW ZONING DISTRICT CATEGORY
CALLED "C-3 HIGHWAY 17-92COMMERCIAL DISTRICT"
AND ESTABLISHING PERMITTED, CONDITIONAL, AND
PROHIBITED 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 Vill,
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 ofthe 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 I-I , 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 I-I, C-l and C-2 zoning districts, and to create anew C-3 Highway 17-
92 Commercial District; and
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
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 indicates 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-l NEIGHBORHOOD COMMERCIAL DISTRICTS
Sec. 20-231. In general.
The C-l 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 I a'.\' 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 pennitted.
(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) ,^.dministrative public buildings;
~ill Advertising agencies;
f31ill Alcoholic beverage sales (package);
(4jQ) Alcoholic beverage on-premises consumption;
~ill Alterations and tailoring;
(5) Animal hospitals and veterinary clinics (with no outside kennels);
(6) Antique and gift shop;
(7) Appli,mces, sales and service;
(8) Art supplies and picture framing shops;
(81121 Artists' (such as painters, sculptors, and craftmakers) studios;
f91.QQ2 Attorneys;
fl-GjQ..D. Automotive accessories sales;
fl-l-Klli Bakery, retail;
~1.U.1 Bathroom accessories;
fH1D..il Bicycles, sales and service (including rentals);
fl4j@ Bookstores, stationery and office supplies, newsstands;
~Qfu Bookkeepers;
(16) Bov,'ling alleys;
(17) Butcher shop, retail only;
(18) Carpets, rugs and linoleum;
(19) Car v,'ash;
(20) Places of vlorship;
fU1@ Cleaners;
~il22 Coin dealers;
~(20) Computers, hardware, afld software, and other electronics sales and service;
~@ Confectionery and ice cream stores (including outside dining);
(22) Copy shops;
(23) Cultural institutions (such as museums, etc.);
~(24) Dance and music studios;
~(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, snacIc 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
groceries 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;
~(40) Hospitals, and nursing homes;
f4Gj11U Hypnotists;
~(42) Ice, retail
~(43) Insurance;
f4J-)(44) Interior decorating and draperies;
f44j(45) Jewelry stores;
~(46) Launderettes and laundromats;
~(47) Libraries;
~(48) Loan companies;
f4&j(49) Locksmiths;
(491(50) Luggage shops;
~M Medical and dental clinics and laboratories;
(52) Micro-breweries and micro-wineries;
~~ Nurseries, plants, trees, etc" retail (including outdoor display and sales);
(54) Offices, professional and business;
~.cw Outdoor advertising signs sales offices;
~(56) Paint store;
fM1Q1} Parking garages;
~OO Pet shops and grooming;
~(59) Photographic studios;
(57) Physical fitness and health clubs;
~(60) Post office;
~iQl} Private clubs and lodges;
(60) Quick printers;
(62) Public and government services;
f6B1QJ} Radio and TV broadcasting studios, excluding towers;
~(64) Radio and TV sales and service;
(65) Religious assembly;
~(66) Rental shops;
(61) Professional offices such as lawyers, doctors, accountants, comp\:1ter soft','lare
engineers, architects and similar type offices;
~(67) Retirement homes;
f66j(68) Restaurants and outdoor dining; cafes;
~(69) Schools, public, private and parochial, service vocational schools (such as
cosmetology, medical and dental assistant's training) requiring no mechanical equipment;
f68j(70) Shoe repair shops;
f69jf1.U Skating rinks;
~(72) Sporting goods, retail;
f7-l-Kln Swimming poolst sales, service and supplies;
tn)(74) Tailoring shops;
~(75) Taxidermists;
f741(76) Telephone business office and exchanges and telemarketers (No dispatch);
(75) Theaters, not drive ins;
fI-€ij(77) Title companies;
f7-+j!1ID Tobacco shops;
City of Winter Springs
Ordinance 2004-28
Page 4 of 12
f7&j(79) Toy stores;
f7-9j.ffiQLTravel agencies;
~ffiU 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 fiB Multiple-family residential units may be permitted as cOflditional 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 '.vi thin the classification, the board of
adjustment must, after public hearings, find that the use or uses are consistent with the
general zoning and v:ith the public interest.
* * *
Sec. 20-236. Building site area regulations. Overlav district regulations.
ill C 1 Neighborhood Commercial Districts, the building site area regulations are none. Overlay
distlict regulations may apply.
Sec. 20-237. Front, rear and side yard Bulk regulations.
ill (a) Pren! ya.rd. f~ 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 d'.velling 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)Sidc ya.rd. None required except on that side of the lot abutting upon the side of a
lot zoned for residence purposes, in 'Nhich case there shall be a side yard of not less than
thirty (30) feet. In all other cases a side yard, ifprovided, shall not be less 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) Minor aAutomotivelboatfmanufactured 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 kind7~
* * *
Sec. 20-253. Building site area regulations height regulations.
No building or structure shall exceed fifty (50) feet in height.
Sec. 20-254. Conditional uses.
fB@ Multiple-family residential \:lftits.:. 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 aAutomotivelboatfmanufactured home maior service and maior reparr
establishments (including body repairs and painting and similar heavy type uses);
ill Car wash;
t31ill Halfway houses, group homes, and similar uses;
f41ill Small-scale cabinet makers, furniture assembly, and woodworking shops (not to
exceed 2,500 sq. ft.);
WOO 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 re2ulations.
ill Minimum front setback: Twenty-five (25) ft.
ill Minimum side and rear setback: Fifteen (15) ft.
ill The total impervious smface area shall not exceed seventy-five (75) percent of the
total si te.
Sec. 20-~256-20-257. 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
tflat could cause adverse secondary effects and influences on residential areas surrounding
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
exceptionallv clean, non-obiectionable 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. allow the lafld uses
listed hereunder under such conditions of operation and standards that 'Nill 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 federallaw 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) Anv pennitted use listed in Section 20-345.1 of the "Commerce Center" District;
Light mam1facturing, processing and assembly, including:
(a) Precision manufacturiflg;
(b) Electrical machinery and computer componeflts and chips;
(c) Bottling plants;
City of Winter Springs
Ordinance 2004-28
Page 7 of 12
(d) Recycling of non hazardous materials;
(e) Garments;
(0 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 prodl:lcts;
(n) Cosmetics and toiletries;
(0) Soap products and candles;
(p ) Jewelry;
(q) Optical equipment;
(r) Pcrfl:1me;
(s) Plastic prodl:1cts;
(t) Silvenvare and utensils;
(u) Spices and spice packaging;
(v) Stationery; and
(VI) Toys.
(2) j\utomotive body repairing and painting; repair of mobile homes and vehicles with
more than two (2) axles.
(3) Warehousing in enclosed buildings or structures.
(4) Kennels, pet and animal rescue operatiofls, animal boardiflg houses, and similar
animal facilities or operations.
ffiill Outside Automotive 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.)-,.~
(6) Research, development, and laboratory facilities. Machinerv sales and storage;
ff1ill Adult entertainment and sexually oriented businesses~~
(8) Public and governmental services. Showrooms.
t91ffi Cabinet makers, furniture assembly and woodworking shops~~
(10) Pa'No shops.
(11) Distribl:lting 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 lockers.
~ill Laundry and dry c1eaning~~
(16) Trucking terminals.
(17) Landscaping services.
(18) Record management and data storage facilities.
fl-9jQ2 Boat building and storage yards~~
* * *
City of Winter Springs
Ordinance 2004-28
Page 8 of 12
Sec. 20-261. Conditional uses.
(l) Body piercing and tattoo shops;
(2) Building floor area greater than 50,000 sq. ft.;
m W Halfway houses, group homes and similar uses~~
ill (b) Bulk outdoor storage, but not including storage of flammable or hazardous
materials. Kennels, pet and animal rescue operations, animal boarding houses, and similar
animal facilities or operations;
ill W Light manufacturing, processing, and assembly not listed under Section 20-~
345.1(1~~
@ (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 fb1 Minimum lot size: Seven thousand five hundred (7,500) sq. ft.
m W Minimum lot width: Seventy-five (75) ft.
ill W Minimum lot depth: One hundred (100) ft.
ill W Minimum front setback: Twenty-five (25) ft.
@ fB Minimum rear setback: Fifteen (15) ft.
(7) (g) Minimum side interior setback: None, side comer lot: Fifteen (15) Five (5) ft.,
side comer lot; Fifteen (15) ft.
(8) The total impervious surface area shall not exceed seventy-five (75) percent of the
total site.
Sec. 20-263. Enclosed buildin2s and outside stora2e.
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 2eneral.
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
City of Winter Springs
Ordinance 2004-28
Page 9 of 12
such conditions of operation as will protect abutting residential and other noncommercial uses, and
promote aesthetic and architectural harmony, attractiveness, and compatibilitv 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 by 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" Distt;ct, no building, structure, land or water shall be
used except for one (1) 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;
(10) Cold storage and frozen food lockers;
(11) Contractors (provided that all activity and storage shall be conducted within a
completely enclosed building and there is no outdoor storage of any kind);
(12) Convenience markets and stores and self-service gasoline sales:
(13) Corporate headquarters and office parks;
(14) Equipment rental;
(15) Gas, bottled;
(16) Grocers, retail and wholesale;
(17) Gas stations (fun service), as an accessory use to a convenience store and satisfying
any distance requirement established by City Code;
(18) Indoor public storage;
(9) 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. Buildine heieht re2Ulations.
No building or structure shall exceed fifty (50) feet in height.
Sec. 20-346.3. Conditional uses.
(I) Automotivelboat/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
any 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 designation 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 Christmas tree lots, etc.);
Sec. 20-346.4. Bulk reeulations.
(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: Twentv-five (25) ft.
(3) Minimum rear setback: Fifteen (15) ft.
(4) Minimum side setback: Five (5) ft., side comer 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, p~~e, 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, s6ch portion shall
be deemed a separate, distinct and independent provision, and such hOIZing hall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become e? ctive immediately upon
adoption by the City Commission of the City of Winter Springs, FloridMlnd as provided by the City
O~ /
ADOPTED by the City Commission of the City of Winrt Springs, Florida, in a regular
meeting assembled on the _ day of / , 2004.
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency t
the City of Winter Springs only:
ANTHONY A. GARGANESE, C" y Attorney
First Reading:
Second Reading:
Effective Date:
I
I
,
City of Winter Springs
Ordinance 2004-28
Page 12 of 12