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HomeMy WebLinkAboutOrdinance 2002-07 I-1 Light Industrial District ORDINANCE No. 2002-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO ZONING; ADOPTING A NEW ZONING DISTRICT CA TEGORY CALLED "1-1 LIGHT INDUSTRIAL DISTRICT"; AMENDING THE LIST OF PERMITTED, CONDITIONAL, AND PROHmlTED USES WITHIN THE C-2 GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS BY MODIFYING THE LIST OF GENERAL COMMERCIAL USES AND ELIMINATING THE LIST OF INDUSTRIAL USES; AMENDING THE LIST OF PERMITTED, CONDITIONAL, AND PROHIBITED USES WITHIN THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Attorney and staff have conducted a comprehensive review of the City's current list of permitted, conditional, and prohibited uses under the C-2 zoning district and have found that this zoning district permits a combination of incompatible uses including neighborhood commercial, general commercial and industrial uses; and WHEREAS, with the advice of the City Attorney and City Staff, the City Commission hereby finds that the current C-2 Zoning scheme does not promote sound planning; could encourage legal challenges to zoning decisions made by the City; does not provide adequate safeguards to protect against introducing incompatible land uses which may impact adjacent or surrounding land uses; and makes it very difficult to create a system of transitional commercial and industrial zoning districts throughout the City; and City of Winter Springs Ordinance No. 2002-07 Page 1 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 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 hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs. Section 2. 1-1 Industrial 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 12 as follows (Underline type are additions and Stlikeout type are deletions): DIVISION 12. I-I LIGHT INDUSTRIAL DISTRICT. 20-320 In General. The provisions of this district are intended to apply to lands suitable for light industrial land City of Winter Springs Ordinance No. 2002-07 Page 2 uses and uses that could cause adverse secondary effects and influences on surrounding neighborhoods and nonindustrial uses. Such lands should be located in close proximity to transportation facilities and away from residential and commercial uses. The purpose of this district is to allow the land uses listed hereunder under such conditions of operation and standards that will protect nearby residential and commercial uses. All uses allowed hereunder shall abide by the performances standards imposed by local. state. and federal law and by any development agreement required by the City. 20-321. Uses permitted. Within the I -1 Light Industrial Zoning District. no building. structure. land. or water shall be used except for one or more of the following uses: (1) Light manufacturing. processing and assembly. including: (a) precision manufacturing: (b) electrical machinery and computer components and chips: ( c) bottling plants: (d) recycling of nonhazardous materials: (e) garments: (D bakery products: (g) ceramics and pottery: (h) dairy products: (i) glass and glass products: (i) pharmaceutical products: (k) shoes and leather goods (except leather processing); (I) brooms and brushes: (m) candy and confectionery products: (n) cosmetics and toiletries: (0) soap products and candles: (p) iewelry: (q) optical equipment (r) perfume: (s) plastic products: (t) silverware and utensils: (u) spices and spice packing: (v) stationery: and (w) toys. (2) Automotive body repairing and painting: repair for mobile homes and vehicles with more than two (2) axles. City of Winter Springs Ordinance No. 2002-07 Page 3 (3) Warehousing in enclosed buildings or structures. (4) Kennels. pet and animal rescue operations. animal boarding houses. and similar animal facilities or operations. (5) Automotive storage and other kinds of storage yards of nonhazardous materials. (6) Research. development. and laboratory facilities. (7) Adult Entertainment and Sexually Oriented Businesses. (8) Public and governmental services. (9) Cabinet makers. furniture assembly and woodworking shops. (10) Pawnshops. (11) Distributing of nonhazardous materials or products. (12) Printing. bookbinding. engraving. and publishing plants. (13) Radio and television studios and offices. (14) Cold storage and frozen good lockers. (15) Laundry and dry cleaning. (16) Trucking terminals. (17) Landscaping services. (18) Record management and data storage facilities. (19) Boat building and storage yards. 20-322. Building Height Regulations. No building or structure shall exceed fifty (50) feet City of Winter Springs Ordinance No. 2002-07 Page 4 20-323. Conditional Uses. (1) Halfway houses. group homes and similar uses. (2) Bulk outdoor storage. but not including storage of flammable or hazardous materials. (3) Light manufacturing. processing. and assembly not listed under Section 20-321(1). (4) Health and exercise clubs. (5) Welding shops. 20-324 Bulk Regulations. (1) Minimum Floor Area: 900 Sq. ft. (2) Minimum Lot Size: 7.500 Sq. ft. (3) Minimum Lot Width: 75 ft. (4) Minimum Lot Depth: 100 ft. (5) Minimum Front Setback: 25 ft. (6) Minimum Rear Setback: 15 ft. (7) Minimum Side Interior Setback: None: Side Corner Lot: 15 ft. Section 3. C-2 Zoning Category Amended. Chapter 20 Zoning, Article III Establishment of Districts, Division 8, of the Code of the City of Winter Springs is hereby amended as follows (Underline type are additions and StI ikeout type are deletions; "* * *" shall denote existing text in Division 8 that shall remain unchanged): DIVISION 8. C-2 GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS. City of Winter Springs Ordinance No. 2002-07 Page 5 Sec. 20-251. In General. The lands of the C-2 General Commercial Districts are to be used by a variety of commercial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses. minimize the interruption of traffic along adjacent thoroughfares. promote aesthetic and architectural harmony. attractiveness. and compatibility within the community. and abide by the performance and development standards of the city, county, state and U.S. government. This District is intended for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher traffic generating general commercial uses. Sec. 20-252. Uses permitted. Within C-2 General Commercial and Industl ial 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-I Neighborhood Commercial Districts; (2.) Automotive sales (3) Automotive renting and leasing; (4) Automotive tires; (5) Baker, wholesale; City of Winter Springs Ordinance No. 2002-07 Page 6 (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) Flea markets, open air; (14) Gas, bottled; (15) Grocers, wholesale; (16) Ice, wholesale; (17) Industrial trade, professional and vocational schools, not involving operations of an industrial nature; (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; City of Winter Springs Ordinance No. 2002-07 Page 7 ( 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) Minor automotive/boat/manufactured home service and 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. City of Winter Springs Ordinance No. 2002-07 Page 8 (33) Radio and television studios and offices. * * * Sec. 20-254. Conditional Uses. (1) Multiple-family residential units: (2) Maior automotive/boat/manufactured home servIce and repaIr establishments (including body repairs and painting and similar heavY type uses): (3) Halfway houses. group homes. and similar uses: (4) Small-scale cabinet makers. furniture assembly. and woodworking shops (not to exceed 2.500 sq. ft.); (5) Small-scale clothing manufacturing (not to exceed 2.500 sq. ft.); (6) Mortuary and funeral homes: (7) Amusement centers (including golf driving ranges. miniature golf courses. billiard halls. children's play centers. and similar uses): (8) Body piercing and tattoo shops. Section 4. C-l Neighborhood Commercial Zoning Category Amended. Chapter 20 Zoning, Article III Establishment of Districts, Division 7, of the Code of the City of Winter Springs is hereby amended as follows (Underline type are additions and Strikeout type are deletions; "* * *" shall denote existing text in Division 7 that shall remain unchanged): DIVISION 7. C-l NEIGHBORHOOD COMMERCIAL DISTRICTS. City of Winter Springs Ordinance No. 2002-07 Page 9 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. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic movement and generation. The district is intended for lands suitable for low intense neighborhood commercial uses in close proximity to residential districts. The land uses under this district shall to promote spaciousness of land use-:-. minimize traffic along adiacent 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. Sec. 20-232. Uses Permitted. ( a) Within any C-l Neighborhood Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: * * * (20) Places of religious worship; * * * * * * City of Winter Springs Ordinance No. 2002-07 Page 10 Professional offices such as lawyers. doctors. accountants. computer software engineers. architects. and similar type offices. * * * * * * Add the following use and renumber accordingly: Hair and beauty salons (including nail salons); Section 5. 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. It is not the intent and purpose of this Ordinance to repeal any part or provision of the State Road 434 New Development and Redevelopment Regulations. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity City of Winter Springs Ordinance No. 2002-07 Page 11 of the remaining portions of this Ordinance. Section 7. Effective Date. This ordinance shall become effective immediately upon approval of the City Commission and as provided by the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 8th day of July, 2002. PAUL P. PARTYKA, 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: June 10, 2002 Second Reading: June 24, 2002 (& First Advertised) Third Reading: JUl, 8, 2002 (& Second Advertised Effective Date: July 8, 2002 City of Winter Springs Ordinance No. 2002-07 Page 12 NOTICE OF ZONING CHANGE THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCE ORDINANCE NO. 2002-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA,. RELATING TO ZONING; ADOPTING A NEW ZON- ING DISTRICT CATEGORY CALLED "1-1 LIGHT. INDUSTRIAL DISTRICT", AMENDING THE LIST OF PERMITTED, CONDITIONAL, AND PROHIBIT- . ED USES WITHIN THE "C-2 GENERAL COM MER- . CIAL AND INDUSTRIAL DISTRICTS" BY MODIFY- . ING THE LIST OF GENERAL COMMERCIAL USES AND ELIMINATING THE LIST OF INDUSTRIAL USES; AMENDING THE LIST OF PERMITTED,. CONDITIONAL, AND PROHIBITED USES WITHIN THE "C-1 NEIGHBORHOOD COMMERCIAL DIS- TRICT"; PROVIDING FOR REPEAL OF PRIOR. INCONSISTENT ORDINANCES AND RESOLU- TIONS; SEVERABILITY; AND AN EFFECTIVE' DATE. A PUBLIC HEARING ON THE PROPOSED ORDINANCE WILL BE HELD ON JUNE 24,2002 AT 6:30 P.M. IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL: 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The ordinance may be inspected or obtained by interested parties between the hours of 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road. 434, Winter Springs, Florida. For more information: call (407) 327-1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee' Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800,. Extension 236. This is a public hearing. If you decide to appeal any recommendation/decision made by the City Commission with respect to any. matter considered at this meeting, you will need a . record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal . would be based. Andrea Lorenzo-Luaces City Clerk