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Home My WebLink AboutOrdinance 265 Section 44.54 ORDINANCE NO. 265 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 44.54 REGARDING USES PERMITTED IN C-2 GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commissioners of the City of Winter Springs, Florida, finds that there is a need to clarify and further define the uses permitted in C-2 General Commercial and Industrial Districts. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I. That Section 44.54 of the Code of Ordinances of the City of Winter Springs is hereby amended to read as follows: SECTION 44.54 - USES PERMITTED. Within C-2 General Commercial and Industrial Districts, no building, structure, land or water shall be used except for one or more of the following uses: 1. Any use permitted in C-l Neighborhood Commercial Districts. 2. Automotive Body Repairing & Painting 3. Automotive Glass, Vinyl Tops & Seat Covers 4. Automotive Sales & Service 5. Automotive Renting & Leasing 6. Automotive Tires 7. Baker, Wholesale 8. Boats, Sales & Service 9. Bottling & Distribution Plants 10. Building & Plumbing Supplies 11. Bus Terminal 12. Cabinet Makers 13. Clothing Manufacturing 14. Cold Storage & Frozen Food Lockers 15. Contractors' Equipment - Storage Yards 16. Convenience Markets & Stores 17. Drive-in Theaters 18. Feed Stores 19. Flea Markets - Open Air 20. Gas, Bottled 21. Grocers, Wholesale 22. Ice, Wholesale 23. Industrial Trade & Vocational Schools 24. Junkyards 25. Kennels 26. Laboratories for Testing Materials and Chemical Analysis 27. Lumber & Building Supplies 28. Manufacturing and Assembly of Scientific and Optical Precision Instruments 29. Mobile Homes, Sales & Service 30. Movers 31. Nurseries, Plants, trees, Wholesale 32. Outdoor Advertising Signs Equipment 33. Pest Control (Exterminating) 34. Printers, Commercial 35. Public Maintenance Buildings 36. Recreational Vehicles 37. Roofing 38. Sheet Metal Shops 39. Swimming Pools Contractors, Equipment Storage 40. Taxicabs 41. Warehouses 42. Wholesale Meat & Produce Distributors Section II - Severability. If any section, part of a section, paragraph, sentence, clause, phrase or word of the Ordinance is, for any reason, held or declared to be unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portions of this ordinance and it shall be construed to have been the legislative intent to pass this Ordinance without such uncon- stitutional, invalid or inoperative part therein, and the remainder of this Ordinance, after the exclusion of such part or parts, shall be deemed to be held valid as if this Ordinance, or any provisions thereof, shall be held inapplicable to any person, group of persons, property, kind of property, circumstances, or set of circumstances, such holding shall not affect the application hereof to any other person, property or circumstances. Section III - Effective Date This Ordinance shall take effect immediately upon passage and adoption. Section IV - Conflicts. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Passed and Adopted this 13th day of July, 1982. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading June 8, 1982. Posted June 28, 1982. Second Reading & Public Hearing July 13, 1982. PLANNING AND ZONING BOARD MEETING - CITX OF HINTER SPRINGS JULY 7~ 1982 :r.'Ieeting of the Planning and Zoning Board was called to order by Chairman George Kaplan. Joel Weiss led in the Pledge of Allegiance to the Flag. ROLL CALL: CITY OFFICIALS: Joel Weiss, present Leanne Grove ~ present George Kaplan ~ present Cindy Kaehler, absent Richard D=Fazio ~ present Jacqueline Koch~ City Planner L. Grove made a motion to approve the minutes of June 30~ 1982. Seconded by Joel Weiss. Vote. All ase. M::>tion carried. George Kaplan inquired if anyone had anything to add on Ordinances 264 and 265. Ellen Weiss inquired about the Board recoITlIIEnding a limit on convenience stores by square footage. City Planner responded that as she understood ~ the City Attorney had stated there would be no problem with limiting convenience stores by square footage. Ellen Weiss inquired if the City Attorney could put this opinion in writing for the Board. Kaplan asked for clarification from the City Attorney on the limiting of convenience stores by square footage ~ in writing. IvIr. Hatfield inquired as to paragraph 2~ page 2 of June 30, 1982 minutes; whether this was a motion or just a recorrnnendation to limit square footage to at least 5000 square feet on convenience stores in C-l? Kaplan stated that this was just a recomnendation to the City Commission. D=}l'azio inquired on clarifying groceries stores ~ convenience and retail stores. Discussion. J. Weiss made a motion to amend Ordinance 264 to read: Retail grocery in C-l ImlSt be at least 5000 square feet. Seconded by Grove for discussion. Vote. D=Fazio ~ no. All others aye. M::>tion carried. M::>tion made by Joel Weiss to amend Ordinance 264 to read: Full g~e service with rrechanic in C-l. Seconded by D=Fazio. Vote. All aye. l\1ot1on carried. Discussion then followed with Kaplan and J. Weiss on comparison of convenience stores to retail grocerers. Motion made by J. \veiss to clarify in C-2 and omit convenience stores and add: Retail grocers with no size limit. Seconded by Grove. Discussion. Vote. All aye. MJtion carried. Chairman Kaplan inquired as to the adviseability of allowing a drive-in restaurant ~ and might sorre limitation be put on drive-in restaurants? Discussion. Grove stated that the Ordinance read previously, "Restaurants~ drive-in~ restaurant~ not drive-in~ restaurant ~ curb-service in C-l permitted uses. II Kaplan stated he would like to see drive-in restaurants in C-2. Grove made a suggestion to recorrmend C-l read: Restaurant ~ not drive-in or fast foods. Koch responded that exists in the current ordinance. Grove made a motion that Ordinance 264 be amended Planning and Zoning Board J\1eeting July 8, 1982 Page 2 to read: Restaurants, not drive-in or curb-service. Seconded by J. Weiss. Discussion. Vote. All aye. r-btion carried. Ellen Weiss requested that the City Attorney put in writing any opinions. Kaplan made a motion that any future recorrmendations from the City Attorney be placed in writing to the Board. Seconded for discussion by Joel 'Heiss. Discussion then pursued as to; all opinions from the City Attorney or just the ones relevant to this Board be placed in writing. Koch responded that only legal opinions regarding matters before the Board are within the purview of the Board. Mr. Hatfield stated that he understood the City Attorney revie\ved the Ordinances and no comment from the attorney meant that everything 1<'laS in order. City Planner stated that only matters relating to the Planning and Zoning Board would be relavent to this Board. Kaplan made a rrotion to amend his original lIDtion to read that any future opinions from the City Attorney relating to the Planning and Zoning Board be placed in writing. Seconded by Joel Weiss. Vote. All aye. ~lotion carried. DeFazio made a lIDtion to include in Ordinance 264 that import and specaility grocers be permitted in C-l. No second. IVbtion failed. Recess was called by Chairman George Kaplan. At the end of the recess, Kaplan stated that the Public Hearing on the Comprehensive Plan of the City of \Vinter Springs E;valuation and Appraisal Report - 1982 - Part II will be continued at the meeting of July 21, 1982. Meeting of the Planning and Zoning Board, July 7, 1982, was adjourned at 8:35 p. m. WORKSHOP: A workshop followed at which corrmercial development in PUDs was discussed. Horkshop adjourned at 9 :40 p. m. ~e~pectfullY sub~;ted, I \/1 "I /' / l C,y/,'/,I({!.I--", ii' ,~-;h)f_d~,- Sherry A. Zielonka Reco~g Secretary PLANNING AND ZONING BOARD I~ETING CITY OF WINTER SPRINGS JUNE 30, 1982 Meeting of the Planning and Zoning Board was called to order by Leanne Grove. Cindy Kaehler led in the Pledge of Allegiance to the Flag. ROLL CALL: CITY OFFICIALS: Joel Weiss, present Leanne Grove, present George Kaplan, absent Cindy Kaehler, present Richard DeFazio, present Jacqueline Koch, City Planner Motion was made by Joel Weiss to approve the minutes of June 9, 1982. Seconded by Cindy Kaehler. Vote. All aye. Motion carried. Weiss made the motion to approve the minutes of June 16, 1982. Seconded by Leanne Grove for discussion. Leanne Grove pointed out that David Bartley's absence should not be on the record as being excused. Joel Weiss made the motion to strike all comments from the minutes of June 16, 1982, on David Bartley's excused absence. Seconded by L. Grove. Vote. All aye. Motion carried on approval of the minutes as amended for June 16, 1982. Recommendations on Ordinances 264 and 265 - the C-l and C-2 Permitted Uses. City Planner, Jacqueline Koch presented the information that the Commission desired the Board to review the ordinances and make recommendations. City Planner stated in comparison of the ordinances to the original C-l and C-2 ordinances, the new ordinances are more estensive in listing the specifically allowed uses; example: C-2 had five listings previously, now has thirty-nine. This is to try to reduce the number of special expections and clarify the City's position on certain types of uses. The City Planner continued with in C-l there are a couple of things mentioned that are not covered in the law either now, the way they are referred to: utilities and community buildings, such as a library. Most of our public utilities are in C-l right now. They are pretty much allowed to put their facilities anywhere they are needed. We have two, Nowsco and Souther Bell which are in C-l who Were allowed to build automatically without any special approval. Should we add a reference or was that discussed and was it omitted intentionally? L. Grove stated a lot of things like this were omitted so that they could be taken at their ~Nn value in that location, and handled separately. So, by not being mentioned here they would have to go before the Board of Adjustment and could be handled on their own merit. Koch inquired if there was any talk of a Public Utilities as conditional use, as in R-U it is a conditional use. Grove stated that each one would be weighed on its own merit; where it is, what it is going to create, what kind of problems, etc. But this was not intended to make it more difficult, but not to just automatically let it be used, or allowed in an area. Discussion then pursued on city facilities and what type zonings they covered. Koch inquired as to the new facility the City is planning on building, would the City have to go before the Board for a Special Exception? Grove stated yes. Koch inquired if a police station could go under administrative buildings. Grove and Weiss responded yes, discussion then followed on the matter. Koch inquired as to a garage, would it be considered under administrative buildings; example: police garage where they re- pair the vehicle. Koch stated either that or our Public Works, who alos does repairs on vehicles. Or is this intended to mean just offices in C-l? DeFazio stated garages should be in C-2. Discussion. The discussion brought forth that administrative buildings meant just overseeing not maintenance and repairs. C. Kaehler recommended Planning and Zoning Board Meeting June 30~ 1982 Page 2 , then that this be added. Mr. Hatfield inquired to the Board whether they were concerned with existing property and zoning or assigning it for future use. Koch~ responded more so with future use and anything existing would be grand- fathered in. C. Kaehler made a motion to add another item to Ordinance 265; public maintenance buildings be located in C-2. Seconded by DeFazio. Vote. All aye. Motion carried. C. Kaehler mentioned that Convenience Stores and Markets can be viewed as retail groceries. Discussion then pursued on methods to distinquish between retail groceries and Convenience Stores/Markets based on square footage. Weiss inquired as to the difference between full service gas stations and a regular service station. Whether it was meant in the ordinance as just gas pumps or full garage service with mechanic. Discussion. City Planner stated that by qualifYing gas stations to have to provide repair services~ this has had an impact on convenience stores~ which have only pumps. The Board recommends retail grocers be modified to be at least 5000 square feet in C-l. Recreation vehicles was questioned by Weiss as to whether it meant the manufacturing or just sales. Koch responded it should be retail sales and not manufacturing. Dis- cussion on the topic. Weiss inquired what classification would dental laboratories be under~ and blood testing types of clinics. Discussion. Medical laboratories and clinics are included in the ordinance~ stated the City Planner. L. Grove made a motion to add laboratories for testing materials and chemical anaylsis and the manu- facturing and assembly of scientific and optical precision instruments and equipment in C-2. Seconded by Weiss. Discussion. Vote. C. Kaehler~ no; all other aye. Motion carried. DeFazio questioned drive-in movie theatres in C-2. Discussion. Motion made by L. Grove to delete drive-in movie theatres under item number 17~ ordinance 265. Seconded by Weiss. Vote. All aye. Motion carried. C. Kaehler questioned the vocational schools in C-2 and private schools in C-l~ asking what a private school teaching a vocation would be classified under. Discussion. C. Kaehler made a motion to strike "vocational" from C-2 and add to C-l. Seconded for discussion by L. Grove. Grove stated she would like to see vocational classified a little bit better. Discussion. C. Kaehler amended her original motion to read: Service Vocational Schools. Seconded by L. Grove. Vote. All aye. Motion carried. City Planner brought up the fact that the old ordinance prohibited any outdoor display of merchandise or products. L. Grove made a motion to add that there be no outdoor display of merchandise or products in connection with any allowed use in C-l. Seconded by C. Kaehler. Vote. All aye. Motion carried. Motion made by Weiss to recommend that Ordinances 264 and 265 as amended by Planning and Zoning Board on June 30~ 1982~ be approved by City Commission. Seconded by L. Grove. Vote. All aye. Motion carried. Meeting was adjourned by L. Grove at ap- proximately 9:05 p.m. R~.SrctfUllY/j3Ub~i~~ed...~ I' , ,dy (. ./" "-...J'II.L L//.,\ J( r ,'/ "-- (! / :,} \ /f[( Sherry A; Zielonka RecordiDg Secretary LAW OFFICES JONES & MORRISON, P.A. 400 MAlTLAND AVENUE AUAMONTE SPRINGS, FLORIDA 32701 MICHAEL D. JONES WILLIAM H. MORRISON MIKEL V;'. CARPENTER ALBERT R. COOK MATTHEWG. MINTER HELAINE M. BWM (305) 834-8866 June 8, 1982 Richard Rozansky, City Manager City of Winter Springs 400 N. Edgemon Avenue Winter Springs, Florida 32708 Re: Ordinances concerning Commercial Zoning Dear Dick: Enclosed please find a draft of two ordinances prepared by this office in response to your request and in accordance with the recommendations made by the Citizens Committee established to review the City's commercial zoning. There are two ordinances prepared because there are two separate sections of'the City's Code being amended. Briefly, both of these ordinances contain additional permitted uses which were not heretofore spelled out. Additionally, the ordinance concerning C-l zoning provides a mechanism for limiting nonconforming uses as well as for eliminating them under certain circumstances. In this regard, Mr. Jacobs had suggested that I write into the ordinance a "sunset" provision in which prior, nonconforming uses would be extinquished upon the sale of the property unless the Board of Adjustment granted approval for continuation. Upon reflection and consultation, I have determined that such a provision would be very difficult to implement and could subject the City to considerable litiga- tion. As prepared, Section 44.47.1 represents limited means to limit or eliminate nonconforming uses under certain circumstances, primarily abandonment. There is no specific time that may be prescribed for abandonment, although the lowest reported time period in a reported case was 180 days. I think that 30 days would be too short to declare an abandonment of a use but that some time period in the three to six months range should be sufficient. I would also point out that permitted use number 64 in C-l districts is an incorporation of the statutory list contained in Chapter 455.201 and Chapter 20.30. Although this listing may change with the change in state law, it is permissible Richard Rozansky, City Manager June 8, 1982 Page Two for us to incorporate it by reference. One word about a procedure for the adoption of these ordinances. Although these ordinances do not rezone land, and therefore are not govern by Florida Statute 166.041, there are alterations, changes or amendments to the City's zoning ordinances and Section 44.14 applies. The peculiar mechanisms of that section in regard to public notice and hearing before the Planning and Zoning Board need to be followed in the same manner that we have recently done in regard to Ordinance No. 262. Please see my letter of April 14, 1982, to Mary Norton on the procedure for Section 44.14 hearings. Depending on the schedule of the Planning and Zoning Board, the public hearing mayor may not be possible at the first meeting in/August. Sin~,~TelYI 'lfrs, ;1 ,,/ /;/1/ / ) ,1/(../ / I, /-';"" I ' /( ',' " t.../J- ... - l....... q' '~. "---- iALBERT R. COOK ARC/so Enclosures TELEPHONE (305) 327-1800 WlNTER SPRINGS. FLORIDA ZIP CODE 32708 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commission will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS AMENDING SECTION 44.54 REGARDING USES PERMITTED IN C-2 GENERAL COMMERCIAL AND INDUSTRIAL"DISTRICTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on Tuesday, July 13, 1982 , or as soon tpereafter as possible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal 'a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 25 day of June , 19 82 CITY OF WINTER SPRINGS, FLORIDA ~/U1! ~J~ Mary T. Norton, City Clerk LAW OFFICES ~~~ JUN 14 \u'.,.".,/ ~'.j:.,Cl@' 1.."1' ,.. ~"4 ill , , lJ 1982 JONES & MORRISON, P.A. 400 MAITLAND AVENUE ALTAMONTE SPRINGS, FLORIDA 32701 MICHAEL D, JONES WILLIAM H, MORRISON MIKEL W, CARPENTER ALBERT R, COOK MATTHEW G, MINTER HELAINE M, BLUM CITY of WI NTER SPRI NGgoS) 834-8866 CITY MANAGER June 10, 1982 Mary T. Norton, City Clerk City of winter Springs 400 N. Edgemon Avenue winter Springs, Florida 32708 Re: Ordinance No. 264 and 265 Dear Mary: At the time of the first reading of these ordinances I noted some obvious mistakes. First of all, the title reflected that there was a conflicts section, but this was omitted from the body of each ordinance. I would suggest that these ordinances be retyped to include the standard conflicts section that we use in almost every ordinance. Secondly, the word "regarding" was omitted from the title of Ordinance No. 265 and should be inserted immediately following the words "Amending Section 44.54". I also note that Ms. Koch will be reviewing the verbiage of new sections 44.54 and 44.47 for clarification, and you should consult with her prior to the retyping of these ordinances. Additionally, please be aware of my June 8 letter to Mr. Rozansky in which I point out that section 44.14 applies to these two ordinances so this matter should be referred to the next Planning and Zoning Board for their input. It appears that there will be a convenient meeting of the Planning and Zoning Board, and I would feel that the public hearing could be conveniently be set for the first meeting in July, assuming that the various notices can be accomplished without undue delay. If you have any questions or comments on the procedures to be followed in this case, please don't ~esltate to contact me. ,,/ A sinc.e..re:j;;YloJ.KliS vo- / I'"~ I) /' ,1 , ' / " /... ! l .. ~/ltl/ I L,t&i'---. ALBERT R. COOK ARC/cr ~.1<....... " , ' ''>tiINTER' , . , " d: s..,' , "~.:~\, "1 ;::[1.- .l;;t,(, " ';; ~'.l.")\" . ~, \\:,), 9;: a,' ff." . ~l " t ~. ~ _~~q~<\"",,,, i'~-""''''~~: \'..''tf::tc'''~'- ~ " -< CITY OF WINTER SPRINGS, FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS. FLORIDA 32708 Telephone (305) 327-1800 M E M 0 June 25, 1982 To: Planning and Zoning Board Subject: Ordinances 264 and 265 The referenced ordinances are referred to the Board pursuant to Section 44.14. We can coordinate review of the new commercial ordinances with our workshop on economic growth and community design, and forward our comments regarding the permitted uses proposed for zones C-l and C-2 to the Commission prior to the Public hearing on Ordinances 264 and 265. Jacqueline Koch, City Planner CITY OF WINTER SPRINGS, FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone 1305)327.1800 M EM 0 June 25, 1982 To: Mr. George Kaplan, Chairman Planning & Zoning Board From: Mary Norton, City Clerk Please find attached Notice of Public Hearings for Ordinance No. 264 and No. 265 which are scheduled for July 13, 1982. Please have the Planning and Zoning Board give the Commission their recommendation and return to the City Clerk not less than 48 hours prior to the scheduled public hearing. This is in accordance with Sec. 44.14 of the City Code. ~&iltml Star Company ]) Publi.h.... Dan,. Orlando. Oran~ Count~. Florida ADVERTISING CHARGE $ 31. 79 ~tate of 110riba l COUNTY OF ORANGE ~ 55. day CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commis- sion will hold a publiC hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS AMENDING SECTION 44.54 REGARDING USES PERMITTED IN C-2 GENER- AL COMMERCIAL AND INDUSTRI- AL DISTRICTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on Tuesday, July 13, 1982, or as soon thereafter as p0s- sible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available In the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with re$peCt to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with raspect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 25 day Of June, 1982. CITY OF WINTER SPRINGS, /s/ Mary T. Norton Mary T. Norton, City Clerk CL-420 June28,1982 Before the undersigned authority personally appeared Nancy A. Puglia I who on oath says that ahe is the Legal Advertising R~preeentative of the Sentinel Star, a Daily newspaper published at Orlando, in Orange County, Florida; that the attached copy of ad- vertisement, being 8 Notice of Public Hearing in the matter of Re: Ordinance Amending Section 44.54, etc. in the Court, was published in said newspaper in the issues of .Inn!'> 2R, 1 qR2 Affiant further says that the said Sentinel Star is a newspaper published at Or- lando, in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Orlando, in said Orange County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. SWOlTl to and subscrihoo before me this 7/Cldlfi' ,A, 28th Ill/a. of Jrme ~~) ~ ~ AD, l~, CZ &--r/~ ~ GlcidJ N(. Notary Public otary Public, State of Florida at large - Omnmission fxR.ires Jan.. 2J.. ~ FORM NO. AD-262