HomeMy WebLinkAbout2017 07 10 Public Hearings 402 Ordinance 2017-11, First Reading, Automotive Storage in C-2 Zoning DistrictCOMMISSION AGENDA
ITEM 402
REQUEST:
Informational
Consent
Public Hearings
X
Regular
July 10, 2017 KS BF
Regular Meeting City Manager Department
The Community Development Department requests the City Commission hold a Public
Hearing to consider the First Reading of Ordinance 2017 -11, updating the list of permitted
uses in the C -2 zoning district to include storage of untagged vehicles associated with an
automotive sales dealership.
SYNOPSIS:
Ordinance 2017 -11 amends Section 20 -252 and 20 -256 of the City Code to allow the
storage of untagged vehicles associated with an automotive sales dealership as a permitted
use in the C -2 General Commercial Zoning District.
CONSIDERATIONS:
The C -2 General Commercial Zoning District currently allows automotive sales as a
permitted use. The storage of untagged vehicles is not specifically listed as a
permitted use in the C -2 Zoning District, or any other zoning district in the City.
Ordinance 2017 -11 (Exhibit A enclosed) amends Section 20 -252 and 20 -256 of the
City Code to allow the storage of untagged vehicles associated with an automotive
sales dealership as a permitted use in the C -2 General Commercial Zoning District.
. Under Ordinance 2017 -11, properties used for the storage of untagged vehicles must
be located adjacent to a state arterial road and within two (2) miles of the associated
automotive dealership property. The associated dealership property is not required to
be located within the City of Winter Springs.
Public Hearings 402 PAGE 1 OF 3 - July 10, 2017
. Ordinance 2017 -11 also requires vehicular storage visible from residential property to
screened by an 8 -foot screen wall. Landscape buffers are required where vehicular
storage is visible from arterial roadways.
If passed, Ordinance 2017 -11 will initially apply to the Bill Ray Nissan property in
the City, located at 3350 State Road 419 in the C -2 Zoning District. Bill Ray Nissan
purchased the 4.5 -acre property in 2015 and is currently using the land for storage of
untagged vehicles. Bill Ray Nissan currently operates an automotive sales dealership
located at 2724 US 17 -92 in Longwood, which is approximately 1.2 miles away from
the storage property at 3350 State Road 419.
Exhibit C enclosed shows the proposed Bill Ray Nissan site plan at 3350 State Road
419. The site plan includes an 8 -foot masonry wall along the Shepard Road side,
which will replace an existing 6 -foot wood fence. The site plan also shows the
required landscape buffer along the State Road 419 frontage.
The Planning & Zoning Board held a public hearing on June 21, 2017 for this
Ordinance and recommended City Commission approval.
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS:
Winter Springs Code of Ordinances, Chapter 20, Division 8
City of Winter Springs Comprehensive Plan
Florida Statutes 163.2511- 163.3246 (land development regulations must be consistent with
the Comprehensive Plan)
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions
Winter Springs Charter Article IV Governing Body.
Section 4.06 General power and duties
Section 4.15 Ordinances in General
FISCAL IMPACT:
Ordinance 2017 -11 has no direct fiscal impact but does provide an additional permitted use
for properties in the C -2 zoning district meeting the conditions described in the Ordinance.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
The display advertisement containing the proposed ordinance title and public hearing dates
Public Hearings 402 PAGE 2 OF 3 - July 10, 2017
was advertised in the Orlando Sentinel on June 8, 2017 (Exhibit B attached).
RECOMMENDATION:
Staff recommends the City Commission approve the First Reading of Ordinance No. 2017-
11.
ATTACHMENTS:
1. Exhibit A - Proposed Ordinance No. 2017 -11 (7 pages)
2. Exhibit B - Orlando Sentinel Legal Ad (1 page)
3. Exhibit C - Bill Ray Nissan Site Plan (1 page)
Public Hearings 402 PAGE 3 OF 3 - July 10, 2017
EXHIBIT A
ORDINANCE NO. 2017 -11
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING SECTIONS 20 -252 AND 20 -256 OF
THE WINTER SPRINGS CITY CODE; PROVIDING FOR
VEHICULAR STORAGE OF UNTAGGED VEHICLES
ASSOCIATED WITH AN AUTOMOTIVE SALES
DEALERSHIP AS A PERMITTED USE IN THE C -2
GENERAL COMMERCIAL DISTRICT; 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 establish a new permitted use within the C-
2 General Commercial district; and
WHEREAS, the Winter Springs City Code, Section 20 -252, currently allows for
automotive sales as a permitted use in the C -2 General Commercial district; and
WHEREAS, automotive sales dealerships may require the use of property to store
untagged vehicle inventory awaiting sale; and
WHEREAS, the City Commission finds that it is compatible with the already - permitted
automotive sales use to allow for such storage on property that is located on a state arterial road
and within two miles of the associated automotive sales dealership; 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 findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 20, is hereby amended as follows (underlined type indicates additions and str-ikeett type
City of Winter Springs
Ordinance No. 2017 -11
Page 1 of 7
indicates deletions, while asterisks (* * *) indicate a deletion from the 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):
Chapter 20 — Zoning
* **
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:
(1) Any permitted use allowed in C -1 Neighborhood Commercial Districts;
(2) Automotive sales or vehicular storage of untagged vehicles associated with an automotive
sales dealership. The property used for vehicular storage of untagged vehicles must be
located adjacent to a state arterial road and within two (2) miles of the associated
automotive sales dealership property, measured in a straight line from the nearest points of
the respective lot boundaries. Vehicular storage visible from residential property uses
shall be screened by an eight (8) foot screen wall made of brick, block, or other durable
material. Landscape buffers shall be provided where vehicular storage is visible from
arterial roadways;
(3) Automotive renting and leasing;
(4) Automotive tires;
(5) Baker, wholesale;
(6) Boat sales;
(7) Building and plumbing supplies;
(8) Bus terminal;
(9) Cold storage and frozen food lockers;
(10) Convenience markets and stores;
(11) Cultural institutions (such as museums and art galleries;
(12) Feed stores;
(13) Offices, professional and business;
(14) Gas, bottled;
(15) Grocers, wholesale;
(16) Ice, wholesale;
(17) Industrial trade, professional and vocational schools, not involving operations of an
industrial nature;
City of Winter Springs
Ordinance No. 2017 -11
Page 2 of 7
(18) Full- service gas stations, as an accessory use to a convenience store and satisfying any
distance requirement established by City Code;
(19) Veterinarian and accessory kennels;
(20) Laboratories for testing materials and chemical analysis of a nonindustrial nature;
(21) Lumber and building supplies in an enclosed building or structure;
(22) Mobile home sales;
(23) Movers;
(24) Nurseries, plants, trees; wholesale;
(25) Home and general commercial Pest control (exterminating) of a nonindustrial nature;
(26) Printers, commercial;
(27) Public and government services;
(28) Recreational vehicles;
(29) Swimming pool contractors, equipment storage;
(30) Taxicabs;
(31) Wholesale meat and produce distributors.
(32) 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;
(33) Radio and television studios and offices.
(34) Outdoor storage facility specifically designed for the parking and storage of vehicles,
equipment, goods and materials, provided said storage occurs on real property located
adjacent to a state collector road and within and adjacent to an electric transmission line
right -of -way /easement, and railroad track right -of -way /easement. Said facility shall be
subject to the supplemental regulations set forth in section 20 -256.
(35) A single warehouse building not to exceed twenty -seven thousand (27,000) square feet and
twenty -five (25) feet in height, provided the warehouse building is located adjacent to a
functional railroad line and used in conjunction, in whole or in part, with the storage of
products that are unloaded from railroad lines for wholesale or retail sale. No outdoor
storage of products and materials shall be permitted unless expressly authorized by City
Code. Said warehouse shall be subject to the supplemental regulations set forth in section
20 -256.
(36) Mortuaries and funeral homes.
Sec. 20 -256. - Supplemental outdoor storage and warehousing requirements.
In addition to other applicable provisions of the City Code and other requirements imposed
by the city in accordance with the city's development review process (including site plan review),
open storage uses under this division, except as provided in section 20- 252(2), shall also be subject
to the following requirements:
City of Winter Springs
Ordinance No. 2017 -11
Page 3 of 7
(1) Outdoor storage shall be screened from streets by a ten (10) foot decorative masonry wall
with any gates being opaque. Any automobile, boat, boat trailer, watercraft, motor home,
travel trailer, equine trailer, recreational vehicle, and other vehicle and equipment,
materials and goods stored under this division shall not be visible from any public
collector road. In order to prevent visibility from public streets, the following minimum
standards shall apply: (i) no vehicle, equipment, goods, or materials in excess of ten (10)
feet in height shall be stored along or adjacent to the ten (10) foot decorative masonry
wall; and (ii) no vehicle, equipment, goods or materials shall be stored on the real property
in excess of thirteen and one -half (131/2) feet in height.
(2) The following vehicles and equipment may be stored on the property;
a. Any vehicle permitted within a residential zoning category as more specifically
provided in section 20 -434.
b. No more than twelve (12) spaces shall be allowed for over the road type semi tractors
and /or tractor trailers designed with fifty wheel attachment components, loaded or
unloaded, attached together or unattached, in any of the twelve (12) spaces. No more
than one (1) attached or unattached over the road semi tractor /trailer unit shall be
allowed in any one (1) space.
c. Boats, boat trailers, water craft, residential vehicles, motor homes, travel trailers and
equine trailers.
d. Take home "on call" repair and service vehicles that are operated by persons off duty,
but in an "on call" work status for responding to emergencies.
e. Vintage, classic or other vehicles which are awaiting or undergoing restoration
provided that the restoration work is not performed on the property, the vehicle is
fully in tact, and the vehicle is not stored for a period of more than one (1) year.
f Service vehicles and equipment which are necessary for the operation and
maintenance of the uses expressly authorized on the property by City Code.
g. Construction vehicles and equipment stored on a trailer, provided
the construction vehicle and equipment do not violate the express prohibitions in
subsection (3).
h. No more than six (6) spaces shall be allowed for dump trucks and dump truck trailer
units designed with spindle hitch type attachment components, loaded or unloaded,
attached together or unattached, in any of the six (6) spaces. No more than one (1)
attached or unattached unit shall be allowed in any one (1) space.
Unlimited dual wheel single axle truck/trailer units not exceeding twenty -six
thousand (26,000) gross vehicle weight (G.V.W.).
(3) Unless otherwise expressly authorized in subsection (2), the storage of all other vehicles
and equipment shall be prohibited. Without limiting the aforementioned prohibition, the
storage of the following vehicles are expressly prohibited:
City of Winter Springs
Ordinance No. 2017 -11
Page 4 of 7
a. More than twelve (12) over the road semi tractor /trailer units as described in
subsection 2.b.
b. Any vehicle that exceeds thirteen and one -half (131/2) feet in height, inclusive of any
equipment, vehicles, cargo, or materials stored on top of the vehicle.
c. Any vehicle requiring a special permit from the Florida Department of
Transportation.
d. Any wrecked vehicles, vehicles being stripped for parts, or vehicles awaiting salvage
or recycling.
e. Any vehicle functionally inoperable other than vehicles in the process of being
restored as provided herein.
f Except as provided herein, heavy construction vehicles and equipment including, but
not limited to, dump trucks, motor graders, bulldozers, front end loaders, cranes,
derricks, and other earth and material excavating, hauling, grading, and lifting
equipment over twenty -six (26,000) pounds of gross weight.
g. More than six (6) dump truck/trailer units as described in subsection 2.h.
(4) Bulk storage of flammable /hazardous materials shall be prohibited.
(5) Warehouse buildings used in conjunction with the use authorized under section 20-
252(34) may be constructed up to the railroad right -of -way boundary provided said
construction is permitted by the railroad company.
(6) On -site light, minor maintenance and cleaning of any vehicle permitted by this division
is allowed. However, the following shall be strictly prohibited: refueling, oil and engine
fluid changes, major restoration, part salvage, major part replacement, engine repair,
transmission repair, body repair, and other heavy and major repairs.
(7) Indoor and outdoor storage facilities for vehicles permitted under this division shall be
open to the general public for a space rental fee.
(8) Storage of junk is strictly prohibited.
(9) Vehicles permitted under this division shall not be used as living quarters.
(10) Not more than a total of five (5) cargo or shipping containers shall be stored at any one
time on the property.
(11) Cargo transfer operations are strictly prohibited except to transfer goods and materials to
and from a warehouse building authorized under this division.
(12) Trucking terminal operations are strictly prohibited except to transfer goods and materials
to and from a warehouse building authorized under this division.
(13) Twenty- four -hour security personnel and /or security equipment shall be provided to
provide reasonable protection of buildings located, and vehicles, equipment, goods and
materials stored, on the property.
City of Winter Springs
Ordinance No. 2017 -11
Page 5 of 7
(14) The property shall not be used for fleet parking of commercial vehicles nor shall the
property be used as a centralized parking facility or staging area for construction vehicles
and equipment.
(15)Parking surfaces on the property shall be improved to meet City paving and drainage
codes. However, RAY parking improvements shall be permitted in storage areas
provided that the main drive aisles are paved with asphalt or concrete.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 10th day of July, 2017.
ATTEST:
ANDREA LORENZO - LUACES
City Clerk
CHARLES LACEY, Mayor
City of Winter Springs
Ordinance No. 2017 -11
Page 6 of 7
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2017 -11
Page 7 of 7
EXHIBIT B
G2 I Orlando Sentinel Thursday, June 8, 2017 SE A B C D E
WHAT'S HAPPENING
Continued from Page G1
Lake Mary Senlor Center, 911 407 - 5851466.
Wallace Court, Lake Mary,
$1-$2,407-585-1466.
NOTICE OF PUBLIC
HEARING
CITY OF WINTER
SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION
PROPOSES TO CONSIDER THE FOLLOWING
ORDINANCE NO. 2017 -11
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA; AMENDING SECTIONS20 -252
AND 20 -256 OF THE WINTER SPRINGS CITY
CODE; PROVIDING FOR VEHICULAR STORAGE
OF UNTAGGED VEHICLES ASSOCIATED WITH
AN AUTOMOTIVE SALES DEALERSHIP AS
A PERMITTED USE IN THE C -2 GENERAL
COMMERCIAL DISTRICT; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE
CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
LOCAL PLANNING AGENCY /PLANNING AND
ZONING BOARD
FIRST READING
PUBLIC HEARING
WILL BE HELD ON
MONDAY, JUNE 21, 2017
AT 5:30 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION
FIRST READING
PUBLIC HEARING
WILL BE HELD ON
MONDAY, JULY 10, 2017
AT 5:15 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
Said ordinance may be inspected by the public at the City
Clerk's Office, located at 1126 E. SR 434, Winter Springs,
Florida, prior to the public hearings. Interested members of
the public may appear at the public hearings and be heard
with respect to the proposed ordinances.
The Local Planning Agency and City Commission reserve
the right to continue or postpone hearings to a date certain
without re- advertising. Any person who decides to appeal
any decision of the City Commission with respect to any
matter considered at these meetings will need a record of
the proceedings and, for such purposes, may need to ensure
that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the
appeal is based.
SPECIAL ACCOMMODATIONS: Persons with disabilities
needing special accommodations to participate in this
proceeding should contact the Employee Relations
Department Coordinator at (407) 327 -1800 x236 no later than
48 hours prior to the proceeding for assistance.
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