HomeMy WebLinkAboutOrdinance 2008-10 Amending Chapter 20 - Zoning ChangeORDINANCE 2008-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING OF THE CODE OF ORDINANCES
TO CHANGE THE LIST OF PERMITTED USES 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 Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission hereby finds that several parcels of existing real property
are uniquely situated adjacent to a constrained capacity state collector road and a functional railroad
line and underneath electric transmission lines; and
WHEREAS, if these parcels are rezoned to C-2, certain land uses may be distinctly suited
for these parcels that have an economic benefit to the City; and
WHEREAS, subject to additional conditions related to promoting compatibility to
surrounding areas, the City Commission desires to amend section 20-252 of the City Code, C-2
General Commercial District, to add a permitted use that maybe suitable for real property distinctly
located adjacent to a state collector road and a functional railroad line and underneath electric
transmission lines including limited open storage and warehouse storage uses; and
WHEREAS, the City Commission hereby finds that this Ordinance furthers the City's
legitimate government purpose of enhancing and expanding economic activity within the City and is
in furtherance of section 166.021(9)(a), Florida Statutes; and
WHEREAS, the City Commission also hereby finds that this Ordinance is intended to add an
additional permitted use within the C-2 zoning category in order to provide economically viable land
use opportunities for real property with extraordinarily difficult development constraints such as
proximity to a railroad line and an electric transmission line; 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.
City of Winter Springs
Ordinance No. 2008-10
Page 1 of 6
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning
is hereby amended as follows: (underlined type indicates additions and st~eeut type indicates
deletions, while asterisks (***) indicate a deletion from this Ordinance oftext 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
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ARTICLE III. ESTABLISHMENT OF DISTRICTS.
***
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:
***
(34) Outdoor storage facilit~pecifically 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 sinele warehouse building not to exceed 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 coniunction, in whole or in part with the storage ofproducts 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
City of Winter Springs
Ordinance No. 2008-10
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set forth in section 20-256.
***
Sec. 20-256. Suaalemental Outdoor Storage and Warehousing Requirements
In addition to other applicable provisions of the Citv Code and other requirements imposed
by the City in accordance with the City's development review process (includin site plan review),
open storaee uses under this Division shall also be subject to the following requirements•
(1) Outdoor storaee shall be screened from streets b a~ten (10) foot decorative masonrywall
with anv gates bema opaque. Anv 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 anv 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 alon 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 (13 ''/2) feet in height
~2) The following vehicles and equipment may be stored on the property
(a) Anv vehicle permitted within a residential zonin category as more specifically provided
in section 20-434.
(b) No more than twelve (12~paces shall be allowed for over the road type semi tractors
and/or tractor trailers desiened with fifth wheel attachment components loaded or unloaded attached
together or unattached, in anv 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 offduty but
in an "on call" work status for responding to emer encies
(e) Vintage, classic or other vehicles which are awaiting or under oing restorationprovided
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 year
(f) Service vehicles and equipment which are necessary for the operation and maintenance of
City of Winter Springs
Ordinance No. 2008-10
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the uses expressly authorized on the property by Citv Code
(a) Construction vehicles and eauipment stored on a trailer provided the construction
vehicle and eauipment 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 destened with spindle hitch type attachment components loaded or unloaded attached to eg ther
or unattached, m any of the six (6) spaces No more than one (1) attached or unattached unit shall be
allowed in any one (1) space.
(i) Unlimited Dual Wheel Single Axle Truck/Trailer Units not exceeding 26 000 ross
vehicle weigh~G.V. W
(3) Unless otherwise expressly authorized in subsection (2) the stora e of all other vehicles
and eauipment shall be prohibited. Without limiting the aforementioned prohibition the storage of
the following vehicles are expressly prohibited•
(a) More than twelve (12) over the road semi tractor/trailer units as described in subsection
(b) Anv vehicle that exceeds thirteen and one half (13 ''/z) feet in height inclusive of anx
eauipment, vehicles, cargo or materials stored on top of the vehicle
(c) Anv vehicle reauirina a special permit from the Florida Department of TransQortation
(d) Anv wrecked vehicles, vehicles bein stripped for parts or vehicles awaiting salva a or
recycling_
(e) Anv vehicle functionally inoperable other than vehicles in the process of being restored
as provided herein.
(f) Except as provided herein, heave construction vehicles and equipment includin but not
limited to, dump trucks, motor eraders bulldozers front end loaders cranes derricks
and other earth and material excavatin hauling~gradin~ and lifting equipment over
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
City of Winter Springs
Ordinance No. 2008-10
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permitted by the railroad company
(6) On-site light, minor maintenance and cleaning of an vehicle permitted by this Division
is allowed. However, the followine shall be strictly prohibited• refueling oil and engine fluid
chances, maior restoration part salvage major part replacement en ine 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 eneral public for a space rental fee
(8) Storage of junk is strictlyprohibited
(9) Vehicles permitted under this Division shall not be used as living_quarters
(10) Not more than a total of five (5) car o 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) Truckine 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
(14) The property shall not be used for fleet parking of commercial vehicles nor shall the
property be used as a centralized parkin facilit oY r staging area for construction vehicles and
e ui ment.
(15) Parkins surfaces on the property shall be improved to meet Citespaving and drainage
codes. However, R.A.P parking improvements shall be permitted in stora a 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
City of Winter Springs
Ordinance No. 2008-10
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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 City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Flar~i~la, in a regular
meeting assembled on the 11 `" day of August, 2008. _ v .
~~ 1'~~I~1~7
__
HN F. BUSH, l~'Iayor
ATT
AN A LORENZO-LUACES, City Clerk
Approved a egal form and sufficiency for
the City i er Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: June 23, 2008
Second Reading: July 14, 2008 and August 11, 2008
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2008-10
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