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Home My WebLink About2011 02 14 Public Hearings 500 Approve and Adopt Second Reading Ordinance Number 2011-04 Temporary Storage Structures COMMISSION AGENDA Consent ITEM 500 Informational Public Hearing X Re ular February 14, 2011 MGR. /DEPT. Regular Meeting uthorization °I I REQUEST: The City Attorney requests that the City Commission approve and adopt on Second Reading Ordinance No. 2011 -04, which authorizes the City Manager to grant permit extensions for temporary storage structures. SYNOPSIS: On January 10, 2011, the City Commission directed that the City Attorney prepare an ordinance modify section 6 -87 to permit the City Manager to grant permit extensions for temporary storage structures without City Commission approval. Ordinance 2011 -04 proposes to amend the City Code to effectuate the City Commission's directive. On January 24, 2011, Ordinance 2011 -04 passed on First Reading. CONSIDERATIONS: 1. Section 6 -87, City Code, sets forth comprehensive regulations for temporary storage structures which are temporary structures designed and used primarily for temporary storage of building materials, household goods, and other such material. 2. The Code currently provides that the installation of such structures are authorized for a • maximum of 72 consecutive hours and a maximum of 2 per any twelve month period for any specific address. 3. For good cause shown, the City Manager can extend the time period to the next regularly scheduled Commission meeting. 4. The proposed Code change will remove the City Commission from the permit extension • process and authorize the City Manager to grant permit extensions for durations deemed appropriate by the City Manager based on the good cause shown by the property owner. Extensions must be reasonably related and proportionate to the good cause shown and will be limited to a maximum of thirty (30) days per extension. FISCAL IMPACT: No measurable fiscal impact resulting from the proposed Code change. • • REGULAR MEETINO - FEBRUARY 14, 2011 REGULAR AGENDA ITEM "500" PAGE 2 OF 2 COMMUNICATION EFFORTS: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and the City's Server. Further, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas /Agenda Item information, all Homeowner's Associations on file with the City, all individuals who have requested Agendas/Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. RECOMMENDATIONS: The City Attorney recommends that the City Commission approve and adopt Ordinance 2011 -04 on Second and Final Reading. ATTACHMENTS: Ordinance 2011 -04 ORDINANCE NO. 2011-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-87 OF THE CITY CODE REGARDING THE REGULATION OF TEMPORARY STORAGE STRUCTURES; AUTHORIZING THE CITY MANAGER TO GRANT PERMIT EXTENSIONS FOR TEMPORARY STORAGE STRUCTURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State • Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to streamline the permit extension process for temporary storage structures under section 6 -87 of the City Code by removing the City Commission from the permit extension process and authorizing the City Manager to grant permit extensions in accordance with the guidelines set forth in section 6 -87; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by • reference as legislative fmdings of the City Commission of Winter Springs. • Section 2. Code Amendment. The City of Winter Springs Code Section 6 -87 is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 6 -87. It is intended that the text in Section 6 -87 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): Sec. 6-87. Temporary storage structures. (a) Definition: For purposes of this section, "temporary storage structure" shall mean a structure designed and used primarily for storage of building materials, household goods, and other such material; and that is not intended for permanent installation. City of Winter Springs Ordinance No. 2011 -04 Page 1 of 3 (b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage structure within the City of Winter Springs. The permit shall be limited to a specific address and shall allow the installation at such address for a maximum of seventy -two (72) consecutive hours. Permits shall also be limited to amaximum of two (2) per any twelve (12) month period for any specific address. A permit fee shall be required by resolution ofthe city commission and collected by the city. The permit shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and the address at which the temporary storage structure will be installed. (c) In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs. (d) For good cause shown by the owner of the property at which the temporary storage structure will be supplied, the time periods set forth in subparagraph (b) may be extended by the city manager. The duration ofthe extension shall be reasonably related and proportionate to the cause shown, but shall not exceed more than thirty (30) days per extension. or city '� M• 111 ' • 1 1 1 • • gr• i11 . • 1 •J it • 1 1 ' •, .1 f. Ir.. cause . 1 • • ''. 1 • 1 •n • •1 1 •. •. 1 • •1 • • ••• • .11 1 ," ;•1 :. Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. • Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall City of Winter Springs Ordinance No. 2011 -04 Page 2 of 3 be deemed a separate, distinct and independent provision, and such bolding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14 day of February, 2011. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO - LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: January 24, 2011 Second Reading: February 14, 2011 Effective Date: February 14, 2011 City of Winter Springs Ordinance No. 2011 -04 • Page 3 of 3 • 07 brl o Se6tfne1 J. , ,. ' , . ,, .. THURSDAY, JANUARY- 27, 2011 D � -.01 -, .i', , OLs111232@ " i 01/27/2011 J da r- $ PERTY A ' 7 � it X' a A f dblla . SEV R. NOTICE OF SALE - i, , i E o f ' d' x OT1IE 7 THAT , , ru , 3 ' l R ` THIS PUBLIC BALE WILL BE HELD �J ww A�aa ' NN 8S 1 v N FEBRUARY 10 1j A 00 AM T p � 7,� E Z OP SES f A' lilt THE F L - RoV n La o R E i a - B � p 2p 7� ,q 7 _ �y 2951 AL FgYA TRAIL Okg�p FL. • i :.li� A , T �pR 1NA E O'fHE wN F +i n � S ES ES T) SrD + N r �t # R OF O RD I n the R i A. (SPELT VEHIC EST E DAVE= ji lt' I ^i � 1 N �, ;, ena nd oer,, FpRE' FRp;ryC� 4: U� 1 t t t ' bpO)NANCE 30 eneourag �r , hge ve.,� TER S RE'CA R CE f FIIE D ` f t.l , PR R , IFl D. AN ORDINANCE 3.F, THE CITY Provide t 1tdlt 'gargle's FUN 0p 1 , Tf88 TTS,: :O RE i q» 011 . E d . �, tpromiss ON OF HE CITY OF (407) r i c De, SERVES TH RLGHT 4 k G T.OR , Nf NTE R `S.PR INCSFLOR( �, A Pro�os or- # . , 1 E REJECT pNY. AND ALL 1 6) , Citizens, facQl gdv InterestedMENDI MENDING SECTION 6--887 <CIF E� New plea , es • a appeal N encouraged set t oa ar rtdf h g t g si th edr F fl g. ULATIR OF TE E RPORARYR STOR- h - 0 an, 1 er�ed ht a 1HG en88LA074 n � posea ordinance, amending , the S THE CITY:MANAG R TO GRANT 2011. The ho for such SL511,1677 1/27/2011 '' pole County Lond Development Code, PERMIT EI,CTENSIONS FOR TEM- February' eed to ensure n accordance with.the procedures PORARY S ORAGE STRUCTURE S• the proceed SALE NOTICES used by the BCG, or.submit written PROVIDING FOR 'Tt1E: °REPEAL OF SLS1112113. ord. includes. Auction will be. held in February 17, " comments to piandeskesemiholecoun- PRIOR INCO ORDINANC- dente upLon 2011 at 10:00 am located at 10101 Boggy tyfl.gov, at the Seminole County ',ES AND RESOLUT S° INCORPO- SEINING based. The Creek Road, Orlando Florida 32824. , G�rovitth Management Depdrtment Of- RATION ANT THE C DE• SEVER - be InsPtcted' h , t ,, Tice, 1101 East First Street, Sanford, ABILITY; AND AN , EF F ECTIVE Seminole Ee.of the City w98 Freightliner 7,p:100,1.1,1 t'. FeceiL 32771 Room 2028, telephone 407- DATE. / ■ velopingt loor of Orlan- VIN: 1FUYOSEB9Wt 06tlie, rved prior t o 02 12:00 N000n on the ON R �T RU A 1 4 FTE am A IN TH Mary, d F L perssons with Date of manufactured: Datf fa ctured 02198 da of the scheduled public hearing CO CHAMB F IOCATEO AT this trail - Darr aid ar "ie ' ` Will be forwarded to -the BCC for con - WIFnR,EER'SPENO CR HALL miles of tr nce „so they e th eTiva bidder may inspect.,vehi- sideration at the public hearing. Addi- 11B EASTOOAD 434 signs, plc this meeting ties the day before fro eY or deer r or to tional. information regarding the pro- WINTER, INOS ; RORIDA receptacle of the City certified Term: cash monrley or � BTA R posed ordinance, and any comments The proposed ordinance may be in- excise eq TIRE SERVICES4INCc u soon as os- certified bank check by name ABEtS received, are available for public re- spected by interested p " ' "`+ arties between ltles. A p hours before i n 4 m M view at the address above between the 8 a.. and 5 p.m., onday through gain lnpu hours of 8 :00 a.m. and 5:00 p.m., Mon- . Friday, at the City's Clerk's Office 10- . process. Reserve • ihegrigMvfo accept or relent day through Friday, excluding hall- cated at 1126 East State Road 434, Min- 01 /2 O CO7 /2011 any or ,all Mtlsssn ac d days. Ordinances are also available ter Springs, Florida. For more lnfor- The Count F�L p( COR1112609 1/2 2/3, 1011 ■ for public review In the Office of Coun- motion call (407) 327 -1800 4227. Persons with the • TO — ty Commission Records- at the above with disabilities needing assistance to The Coun 'ROMANCE .S1E 4� ••• address Room 2204. The BCC may participate In any of these proceedings . Departme continue public hearings from time -to- should contact the Employee Relations tion Land - NOTICE time as found necessary. Persons with Department Coordinator, 48 hours in Fund Prog disabilities needing assistance to par advance of the meeting at (407) 327 - da'Recre., the City of 25209/2010 Sandra Patanwala,. Plaintiff, ticipate In any of these proceedings 1800, Extension 236. This Is a public ance Prog da, that the v. Aslam Usman Patanwala Defend- should contact the County's Human hearing. If you decide to appeal any Recreotio •Id a public ant. You are hereby notified that Resour ma ft Department ADA Coordina- recommendation/declsion mddee . Altamonte plaintiff filed suit against you for di- tor 48 hours In advance of the hearing City Commission with respect to any A public art Aveue, vorce on October 5, 2010. Respond at 407-665-7941. Persons are advised matter considered at this meeting, you ruary 7th a, on 1 e tat within 30 days or judgment by default that if they decide to appeal any deci will need a record of the proceeings Sylvan La or as soon , may be rendered against you in the ' . slons,,made at this hearing, they will and for such purposes, you may need Road, San consider the Supreme Court of The Stare of New , need a record 01 the proceedings, and to ensure that a verbatim record of Winne of 11 entitled: York at 88 -11 Sutphin Boulevard, Ja- for such purpose they may need to en- the proceedings is made upon which and the L , F ALTAMONTE maica, New York. ,sure a verbatim record of the proceed- the appeal is based. Interested parties ational Tr 'THE coMPRE ' ings is made, which record includes are a vlsed that they mar appear at encourage F ALTAMONTE COR1109815 01A3,20,27 /2011 the testimony and evidence upon the meeting and be heard with respect provide th nT�D(1RE LAND 3�77 which the appeal is based -(Florida to the proposed ordinance. (407) 349 1 'PERTY DENER- LOST YOUR WAY? '1,r- Statutes Section 286.0105). AND 44, A RE- SLS1112514 F , 1 /27/11 SLS1112381 01 /27 /2011 SLS1112114 RECORDED IN Check the garage sale locator map. to • ■ ORDINANCE NO. 2011-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-87 OF THE CITY CODE REGARDING THE REGULATION OF TEMPORARY STORAGE STRUCTURES; AUTHORIZING THE CITY MANAGER TO GRANT PERMIT EXTENSIONS FOR TEMPORARY STORAGE STRUCTURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to streamline the permit extension process for temporary stora.ge structures under section 6-87 of the City Code by removing the City Commission from the permit extension process and authorizing the City Manager to grant pernut extensions in accordance with the guidelines set forth in section 6-87; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfaze of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Section 6-87 is hereby amended as follows (underlined type indicates additions and striiceottt type indicates deletions, while asterisks (* **) indicate a deletion from the Ordinance of text existing in Section 6-87. It is intended that the text in Section 6-87 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): Sec 6-87 Temnorary stora�e structures. (a) Definition: For purposes of this section, temporary storage structure shall mean a structure designed and used primarily for storage of building materials, household goods, and other such material; and that is not intended for permanent installation. City of Winter Springs Ordinance No. 2011-04 Page 1 of 3 (b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage structure within the City of Winter Springs. The pernut shall be limited to a specific address and shall allow the installation at such address for a maximum of seventy-two (72) consecutive hours. Permits sha11 also be limited to a maximum of two (2) per any twelve (12) month period for any specific address. A permit fee sha11 be required by resolution of the city commission and collected by the city. The permit shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and the address at which the temporary storage structure will be installed. (c) In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incuned by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs. (d) For good cause shown by the owner of the property at which the temporary storage structure will be supplied, the time periods set forth in subparagraph (b) may be extended by the city manager. The duration of the extension shall be reasonably related and proportionate to the cause shown but shall not exceed more than thirtv (30Lys per extension. orcit�► , . Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall City of Winter Springs Ordinance No. 2011-04 Page 2 of 3 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance sha11 become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Spriu�s, Florida, in a regulaz meeting assembled on the 14�' day of February, 2011. �. � CHA ES LA Y� o� � I AT'�FST: t; �� , _ - �.�AD A LORENZO-LUACES City Clerk APP OVED AS TO LEGAL FORM AND SUFFICIENCY FO CI� Y OF WI TER S N S ONLY. :� TH A. G G SE City Attorney First Reading: January 24, 2011 Second Reading: February 14, 2011 Effective Date: February 14, 2011 City of Winter Springs Ordinance No. 2011-04 Page 3 of 3