HomeMy WebLinkAbout2010 02 22 Public Hearing 500 First Reading Ordinance 2010-03 Amending Zoning District and Zoning Code CITY COMMISSION
AGENDA
Consent
Informational
ITEM 500 Public Hearing X
R • gular
February 22. 2010 De t
Meeting Mgr. / Dept/ f
Authorizatio
REQUEST: The Community Development Department requests the City Commission hold a
Public Hearing first reading of Ordinance 2010 -03, amending the list of permitted, conditional,
and prohibited uses in the I -1 Industrial Zoning District and amending certain related definitions
in the Zoning Code.
SYNOPSIS: The City has been working on various aspects of the 419 Metals site for the past
seven (7) years. Recently, the City has made provisions for routing the Cross Seminole Trail
along the S.R. 419 right -of -way. Part of this routing is dependent upon donated trail right -of -way
from Bart Phillips. The City has abandoned Ginger Lane and portions of Old Sanford - Oviedo
Road in favor of 419 Metals. The requested text amendment detailed in Ordinance 2010 -03
represents the City's desire to allow secondary metal recycling in the Light Industrial Zoning
District under very limited and specific criteria.
CONSIDERATIONS:
FUTURE LAND USE & ZONING DESIGNATION:
Future Land Use Designation: Industrial
Zoning District: Light Industrial
APPLICABLE LAW AND PUBLIC POLICY:
• Section 2 (b), Article VIII, of the State Constitution
• Florida Statute 163.3194 - Legal Status of Comprehensive Plan
• Florida Statute 163.3201 - Relationship of Comprehensive Plan in exercise of Land
Development Regulatory Authority
• Florida Statute 166.041 - Procedures for adoption of ordinances and resolutions
• Winter Springs Charter Section 4.15 - Ordinances in General
• Winter Springs Code of Ordinances, Chapter 20
• Winter Springs Comprehensive Plan
February 22, 2010
PH Item 500
Page 2
The City recognizes that there are environmental and economic benefits related to various types
of recycling. In fact, the City has adopted a recycling program for common household items
which are recycled through weekly solid waste services provided by the City. There is also
recognized benefit to recycling various types of metals. There is limited need to provide local
metal recycling options within the City and Seminole County. This need appears to be best
accommodated within the City Light Industrial zoning category.
The City recognizes that there are very few parcels of existing real property that are uniquely
situated adjacent to a railroad line or spur and not having frontage on a collector or arterial
roadway that are well suited to the accommodation of secondary metal recycling facilities. The
419 Metals facility already exists on such a site. It is in the public interest to allow a facility
which meets the stated need of providing a local metal recycling option to continue in operation
and expand /improve the facility subject to certain stated criteria. Said criteria are for the purpose
of protecting the public interest and the surrounding property owners.
The proposed text amendment allows for the continuation of the existing facility and for the
upgrade of said facility in conformance with the stated criteria.
FISCAL IMPACT:
There is no immediately known fiscal impact to the City. However, allowing the existing use to
continue in operation and to expand /upgrade will mean continued and possibly enhanced
property tax revenues to the City.
COMMUNICATION EFFORTS:
January 24, 2010 — Public noticing in the Orlando Sentinel of Local Planning Agency Public
Hearing
February 3, 2010 — Public Hearing before the Local Planning Agency
February 11, 2010 — Public noticing in the Orlando Sentinel of the First Reading of Ordinance
2010 -03
TENATATIVE IMPLEMENTATION SCHEDULE:
February 22, 2010 — First Reading of Ordinance 2010 -03 before the City Commission
February 28, 2010 — Public Noticing in the Orlando Sentinel (Display Ad - 5 days prior to adoption).
March 8, 2010 — Possible Second Reading/Adoption of Ordinance 2010 -03
RECOMMENDATION:
PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY RECOMMENDATION
The Planning & Zoning Board held a public hearing on February 3, 2010 and recommended
approval of Ordinance 2010 -03 with the addition of language to paragraph 10 of the Ordinance
allowing the recycling of non - hazardous materials.
STAFF RECOMMENDATION:
Staff recommends, based upon the findings contained in this agenda item and the review and
recommendation of the P &Z Board, that the City Commission hold a public hearing for first
reading of Ordinance 2010 -03, consider the additional language that resulted from the P &Z
Board's discussion of this item, and move the Ordinance to second reading.
February 22, 2010
PH Item 500
Page 3
ATTACHMENTS:
A Public Noticing in Orlando Sentinel
B Minutes of the P &Z /LPA meeting on February 3, 2010
C Ordinance 2010 -03
•
ATTACHMENT A
Orlando Sentinel • SE SUNDAY, JANUARY 24, 2010 .17 • ", „` - XITCHtN, HOU IT IN N�ips mar OF Tim gm OF PRIOR INCONSISTENT OR01-
BEDDING, LUGGAGE TOYlfe Ann f Cp y 0 f01I011AtE°E NANCES•AND RESOLUTIaNS,
-
GAMES ACKED CARTON , R�ipp INCORPORATION INTO Trig
I : Sale NQt FURNITURE, TOOLS CLOT COPE SEVERA IT AND AN •
T ING T 5. DIVISION TOOLS, a CASE NUMBER: 09 {A- 78°10.0 EFFECTIp9VIENEEAEN(D F i T . •
THE HE JUDIC AL OW R S L p SERVE T E RIG a IN RE: FORFEITURE � C O E rS 5 0N LCpIT.Y Ft CITY •
. NO COUNTY,NFLORIIDASEMI TO BID ON UNITS. 51,287.00 IN U.S. CURRENCY WIN OI RS1 NG P ThE LIS E T OF
CC OF FORFEITURE COM- AAAt ITT E D C O OI ' O AD
Ca N a9- CA4S25 -U -K BE HELD 0 PL p0. 1 SI N T NRp
LIE SALE Tor ((��((((581pp4ED USZZEo I 7 H AN -1•
GENERAL ELECTRIC ING WILL BE AT TH" TO TORRANCE C K TRIC7' CR A I 1
APITAL CORPORATION, TIME OF SALE ONLY. ply L,Ay�ggNC 0 E p ELpt EEEE 0 ZONINNG pp IH
a Delaware commotion, ' TH N PREMISE ON'EI107110 MELBOURNE, FL 1 TIO S PROVIDING +F O� THE
Plaintiff, PERSOTAL.MINI STORAGE R A OF INCUONNN STTTTT EEF ( R( �t 7 OR•
CROWNR(OGESS STORAGE OLIO, H and all others who claim on inter -• DINA EES AND RE5 LUTIt NS'
CROW OL10, LLC, a Nevada Il E yg75 FORSYTH ROAD est in 3,207.00 in U.S. Corr l Y, INCORPORATION INTO
HE
WINTER PARK, FL 32792 , which was salmi on or about J. • CpFE EVERA AND AN
s. 1 ewe 1 ab(1(ty company, Defendant. ,0 21st'doy of November, 2009 at or EF E VE EE
NOTICE Of BALE 0LSI04907 817 11 0 near Delhi Street and W> Colons O CE U 0.2➢N•M
Drive orange County, Florida. AN ORD ANC 0 THE CITY '
is hereby given pursuant ID n-- ty • 0 . Said. proper in the *AMY of COMMISSION O THE CITY OF
Notice
the c is Judgment n, purl ' h}t,tlCt5 for the Sheriff oI Orange County. A WINTER SPR NGS. F LLOoRIDA
the In the e of note case, Complaint forfeiture has Men AMENDING THE CRITERIA ANO
that I will the F noting , E q•• 'filled in the °bone- styled Court. TREE REVIEW STANDARD FOR A - -
44 IN THE CI cop! (� REMOVAL ERE T N
..
property th s
ot s ned in Semin44l) THE NINTH JUDICIAL CIRCUIdo 1 NEAE °Y COMFY that this Notice is TREE FURTHERANCE OF F SSaE 77 IO
County, FI ids, described as 401- IN ANO FOR ORANGE COUNT being servked pursuant to the no- 16101 FL plop STATUTES, E.
laws, and au personal property as- FLORIDA • o lice at FIaWa Statutes LATING 70 EN ERGY DEVIC
socioted therewith: 932.7E-707, this 13 day of January. BASED ON E.
CASE NUMBER: 0 p10,
CA•32341.0 SOURR 5; NDIgG S IF
See Exhibit 'A' attached hereto DIVISION NUMBER: 75 0 - • CATI0 5 FO TREE R P C
at pVbl{c sale, to the highest and IN RE: FORFEITURE OF Ann•Morie De MENT WAI PR 1 N
best bidder far cosh, on February 51,150.00 IN U.S. CURRENCY • Florida Bar No• 1 FOR THE REPEAL 0 R OR
2J, 2010 of POO a.m. In Room 5201 • Assistant Genera Counsel INCONSIS N ORDINANCES
Seminole Bounty Court House, 30{ NOTICE OF ACTION Orange County Sheriff's Office AND RESOLUTIONS• INCORPO•
Se Pork Avenue, So (ad, Florida 0 Lego( Services • RATION INTO THE t00E• SE • •
72771: The higyhesi bidder *hail Im• TO: WIIUAM L DUNI FL
( o. fan(al Drive ,�e ° �T l 2p0 AT
' m edlot ly foilawing the sale post 7E VE
VIM the Clerk a deposit equal to YOU ARE NOTIFIED that an a
five percent (S%) of the final bid. lion pursuont to Me Florida Co OLS;o45a42 817,241!010 0° SDO0 T P
_ The deposit must ppee in cash or Eaband Forfeiture Act hos bar C °hl I U g E ( T 5 ((E
Coorfr F( a mi n o k o f Final yt the Ora County She NOTICE OF RESO(UMON LUCA& AT TI 7 SpNAGS
Office the fallowing pro
made 011 ��a 200 p.m. on the y In Orange County, FL: $1,1 a VACATING, AN° D 1 I NT ABAND •
date of sale by ash, money 9r n U.S. Currency s a an TN BA D NDooi 019 -M�se�m
der or casas hiers check. • 'ttQhr�en
5111 day of September, ber 2009 N W C YAC IF A E The pr ordinance y be
N Ef ON
A Y ERS C,AIMiNG E SU AN' N N- eru Ro (dcad , 0r S You ore tree{ ra 4ui and 0 o n ayin 0 le S Cw t Co n un g C F Ns (s r i o through Inspected by Interested parties hr
.Street IN . T H RP LUCa nt y, Fla S B a l em ty, Frtnhe 50u1� 711 M0li S
or n
FROM THE SALE IF ANY OT to to serve a copy of YaX INen d a Public �Hearing held on the 10I C erk's Office llo of 1124 Eost
OWN OF THE OF er0ol cou se for the orrange Lo un a day �heretof !d given, p ssed F too. 31. Wilier Springs,
T 1SS WITHIN dD U STS.AF • 2� f's pt ffke,V Legal s e o and the
Resol vacating
T ER THE S ALE. Fl o 2 For man information th ll (mb1
publication, anud Ilse the ar(in a DESCRIPTION ' Persons a th darne
DATED: January 12, 7010. with the Clerk of IAN Calrl th a - it riding e - p n 1 throro proceedings
before service o Pellt(ana 4 All OF VERMONT 'AVENUE AND shootdcentact the Employ e
C AtbY 8 E MORSE t omiw(o r default elly thereat* All
• RHODE O PORTION COt+NEGTI- lions Department Caordfnator,
Court ogalnst you son fed repel demo 0 • CUT B5U EVARD LYING WEST iron =l � meeting of
BY: Mary Shone. ed the. PetitWn lor Final J • • or
p SOUTHERLY PROJECTIO or' e pobilo Near
As Deputy Clerk mint of Forfeiture. -- OF THE EAST LINE OF LOT 712; to appeal any recanmeed tio�
S U� TI •
THAT PORTION O SSACHU- clsian mode by the Local Ptomaine
• E1fI0iR NOT • TO A FERSONN OSS pp AN EASTERLY P 0 EcTtm Agency with 1 of an molter
LEGAL OESCRIPTl011 ( 00 00 E 1 CO 0_ ATqM OF THE NORTH LINE OF LOT (1) F *97 lead 0 record • 1n9, ya
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From South GI 0 lii0 0 11" I n a . c THAT SOU MOY need M rqure that a verb .
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line of 80Mi a FA ss GG OR V By the Board of County Commis- SLS104A781 . 1/24
dutonal of 675.91 feet to the palni a stoners of Seminole County Florb .�.••■.,.
. of curvature of a curve, concave to DATED this 1211i day. of Januar° des, this 12th day of January, 2010.
the Southeast, having o antral an- 2010. R .A B p TY 5. NEW AD PLACEMENT
ando q iM degrees oddlu minutes 24 1ee LYDIA
t; o tne SIONERS OFCSEMINOLE COMMA-
thence Northeasterly along the art - a TY, FLORIDA. CaII U S
at bard c rva a distance of 14.67 CIVIL COURT SEAL ,
feet the degree. fang nee; li b Se Alan tulle An
// hens N EE st, a dita 20 m lutes BY. KerrY Deo Bric uty C 11 Seminole Review minole County Development I
seconds point a distance curvature SO Dep e Division cur0
curve concave to the NorfNwrsl b 0L51041020 1/17, 24: 21, 2p, 1� ora F 3 Street
having a central angle at 01 e- Orlando Sentinel
graedi9s mnutes IT send+ and hha NI THE GDCU(T OF TNpE•N SLS1046941 7/2 40010
easte rly a fstheto co eds
me et s soo d N OAAN°ECODN fL iDeAthl 1e THE CITY OF W) 7R SPRINGS GIVES Classifi
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p NOTI OF FOAf8IU9E COMPIAINT p Tile Z FI
59 wo East a distance of 15.62 • s DESIGNATION OF THE REAL 365 � a r
feet; thence South 00 degrees 11 TP JUUO L M a PROPERTY CONSTITUTING y s y
minutes 19 seconds East
t o digs- Oar 37 A1 ) f 0 *' A j (S TW 1211 PARCELS
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t, o f AN I GCF°54YAfS7691 whI ALO S ROAD 419 50.
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a 44 onnae of 3ill feet to the Polo{ o g f ue O n c ato y o k r ( e ve Ord Count; SFRI04G FLORIDA AND MORE
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of Seminole County, Florio • Orlando, FL F DOET(,,AC7FIEO SINGLE FAMILY umiak =I
des: (407) 23441 . NITS 1. THE INE ,E wwwma166SMh8e
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• across the Drainage and I1 t PROVIDING FOR THE REPEAL • •
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G6 Orlando Sentinel
•
L
SE THURSDAY, FEBRUARY 11, 2010
Aljhelmir's Iseiase:ll '
a.m.-1230 p.m. Feb. 11, March 11; at City Hall in the Commission
Summerville at Lake Mary, 150 NOTICE OF
Middle St., Lake Mary. For those
caring for a loved one with ZONING CODE CHANGES input, input from any local
Alzheimer's disease, or those lendations to the Casselberry
recently .gree. 407- 3207- 321 een with -77550. 550.
disease. Fr CITY OF WINTER SPRINGS ap Amendments to the City of
di
Alzheimer's disease: 6 the Official Zoning map (see
p.m. Feb. 11, March 11; Arden NOTICE IS HEREBY GIVEN THAT and zoning map amendments
Wi Willa Agro r THE CITY C OF
Winter Springs. A group for
those caring fora loved one with THE CITY OF WINTER SPRINGS ancouraged to appear at this
Alzheimer's disease sponsored PROPOSES TO ADOPT:
by the Alzheimer Resource e Land Use Map and Zoning
Center. Free. 407 - 843 - 1910. ed by the LPA/P &Z or submit
Prostate cancer: 6:15 ORDINANCE NO. 2010-03
p.m. Feb. 11, March 11; Central asselberry Planning Division
Florida Cancer Care Center, 2200 AN ORDINANCE OF THE CITY COMMISSION
2.
W. 1st St., Sanford. The American OF THE CITY OF WINTER SPRINGS, FLORIDA, mdnecessary.Atthehearing,
Cancer Society's Man to Man
Education and Support Program AMENDING THE LIST OF PERMITTED, : to the proposed changes to
assists men newly diagnosed CONDITIONAL AND PROHIBITED USES IN THE with prostate cancer and pro- f the proposed changes are
1-1 INDUSTRIAL ZONING DISTRICT; AMENDING news regarding gains in W and Zoning offices and
prostate cancer research and CERTAIN RELATED DEFINITIONS IN THE UM. ments.Oonoh ther he al c s treat-
are Z ONING CODE; PROVIDING FOR THE " REP EA L
menu. Oalh topics � ND ZONING MAP
sometimes included. Free. 407- OF PRIOR INCONSISTENT ORDINANCES AND
321-3040.
Mental health: 6:30 p.m. RESOLUTIONS; INCORPORATION INTO THE ZB 09 -12)
M
the second and fourth Thursdays CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
of the month; Tuskawilla United
Methodist Church, 3925 Red Bug hr. UnE 0w 0
Lake Road, Casselberry. The PUBLIC HEARING 0 I` TO FRCIA TO
National Alliance on Mental my °" °" °"
F OR FIRST READING `m° "y M'" RR"
Illness Greater Orlando will have DmmTp : �7 OoR �, i.�, �.
their dual support groups for '006°070 °'t 1DR "a"" �"
those recovering from mental WILL BE HELD ON MONO '1, LD ildstto RIM
p0oL0eD :� li 3.111 Mums RMtl i
illness and their families. Trained : ,D 0� Cpn, 41
facilitators will lead the meet- ''° ' " MDR ua"r E , 10, 1
ings. Free. 407-253-1900. MONDAY, FEBRUARY 22, x � 2010 ° �Y o.* ��„
Grief: 6:30 -8:30 p.m. Tues-
days and 1 3 p.m. Fridays; St. 1 131 .4
Luke's Lutheran Church, 2021 W. A,,,w " X11.3. 1 R"" Al ROW
State Road 426, Oviedo. Grief- OR SOON THEREAFTER
Share, a nondenominational
seminar and grief recovery IN THE COMMISSION CHAMBERS LOCATED
support group. Registration
required. $15 includes book. AT WINTER SPRINGS CITY HALL -
407- 365 -3408. 1126 EAST STATE ROAD 434
Families Anonymous: 7
p.m. Mondays; St. Stephen's WINTER SPRINGS, FLORIDA , advised that one (1) or more
Lutheran Church, 2140 W. State he City Commission may be
Road 434, Longwood: A support The proposed ordinance may be obtained by interested ,
group for family members of may participate in the
someone with a drug, alcohol or parties between 8 a.m. and 5 p.m., Monday throug the me
behavioral problem. Free. 407- Friday, at the City's Clerk's Office, located at 1126 E.
869-0491. SR 434 Winter Springs, Florida. For more information, re advised that if they decide
RespIratory and
•
breathing 2 p.m. March 10; call (407) 327 -1800 #227. Persons with disabilities y . decision made at these
Orlando Regional South Semi- needing assistance to participate in any of these ings, they will need a record
note Hospital, 555 W. State Road
434, Longwood. The "Better proceedings roceedin s should contact the Employee Relations lings and for such purpose,
Breathing" group provides Department Coordinator, 48 hours in advance of the 1 to ensure that a verbatim
respiratory education and meeting at (407) 327 -1800, #236. This is a public iroceedings is made, which
• breathing exercises for all ages.
Free. 321 - 842 -6233. hearing. Interested parties are advised that they may the testimony and evidence •
Divorce: 6 p.m. Wednes- appear at the meeting and be heard with respect ) appeal is to be based per
days; First Baptist Church of to the proposed ordinance. If you decide to appeal 05, Florida Statutes."
Longwood, 891 E. State Road
434, Longwood. DivorceCare, a any recommendation or decision made by the City Nith disabilities needing
support group for people who Commission with respect to any matter considered participate in any of these
w e seya or divorced meets e. 407- 339 -3$17. at this meeting, ou will need a record of the
weekly. Fe g you ould contact the Personnel
Nar -Anon: 8 p.m. Wednes- proceedings, and for such purposes, you may need coordinator 48 hours in
days; Orlando Regional South to ensure that a verbatim record of the proceedings is
Seminole Hospital, 555 W. State made u which the appeal is based.
—� Road 434, Longwood. The Nar 5 §
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - FEBRUARY 3, 2010
PAGE 4 OF 10
Chairman Lacey opened the "Public Input" portion of the Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input " portion of the Agenda Item.
"I WOULD LIKE TO MOVE THE APPROVAL OF ITEM `501' AS PRESENTED
BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD
MEMBER REVICZKY. DISCUSSION.
VOTE:
CHAIRMAN LACEY: AYE
BOARD MEMBER HEATWOLE: AYE
BOARD MEMBER KARR: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER REVICZKY: AYE
MOTION CARRIED.
/ PUBLIC HEARINGS
502. Community Development Department — Planning Division
Requests The Planning & Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2010 -03, Amending The List Of Permitted, Conditional And
Prohibited Uses In The I -1 Industrial Zoning District And Amending Certain
Related Definitions In The Zoning Code.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
presented this Agenda Item and stated, "What this involves is a Text Amendment to the
1-1 (Industrial) Zoning District' that allows under the Permitted Uses, what is called
Secondary Metal Recycling."
Next, Mr. Stevenson noted that the property owner suggested adding language into the
proposed Ordinance which would include the `Recycling of Non-Hazardous Materials'.
Chairman Lacey asked, "These are changes in paragraph (10) that you are proposing ?"
Mr. Stevenson responded, "We are adding to paragraph (10) and then — you will see in
CHAPTER 20. ZONING ARTICLE I. DEFINITIONS, we have reworked the definition
of `junkyard'."
Continuing, Mr. Stevenson reiterated, "We would add as part of item (10), it would be
Secondary Metal Recycling and `Recycling of Non - Hazardous Materials. That is where
that language would go."
Chairman Lacey noted, "The first line of paragraph (10) ?" Mr. Stevenson replied,
"Would be modified. That is correct."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - FEBRUARY 3, 2010
PAGE 5 OF 10
Discussion.
Chairman Lacey opened the "Public Input" portion of the Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input " portion of the Agenda Item.
"I WOULD LIKE TO RECOMMEND APPROVAL OF ITEM `502' WITH THE
CONDITION THAT THE `NON - HAZARDOUS MATERIALS' BE INCLUDED
UNDER ITEM (10) AS PRESENTED BY STAFF." MOTION BY VICE
CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY.
DISCUSSION.
VOTE:
BOARD MEMBER HEATWOLE: AYE
BOARD MEMBER KARR: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER REVICZKY: AYE
CHAIRMAN LACEY: AYE
MOTION CARRIED.
PUBLIC HEARINGS
503. Office Of The City Attorney
Requests The Planning & Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2010 -04, Amending The City's Tree Code To Address
Energy Devices Based On Renewable Resources.
Mr. Stevenson presented this Agenda Item and stated, "What we did not have the
authorization to do and currently still do not and pursuant to the language in the (City)
Code, is to waive the tree replacement credits or at the owner's option, a donation to the
tree bank."
Chairman Lacey asked, "Has the City Attorney opined as to whether he believes that our
current Ordinance that requires tree bank contribution or replacement does constitute
impediment under the Florida Statute ?" Mr. Stevenson replied, "Not specifically. He has
followed through with a request to change the language."
Mr. Stevenson read CHAPTER 5. TREE PROTECTION AND PRESERVATION (b)
Criteria. and stated, "A Permit was issued under our current laws with the Criteria or the
Condition that the tree replacements be made or pay into the tree bank. But, what we
added in there, is that trees that prohibit or have the effect of prohibiting the installation
or operation of a solar collector, clothesline, or other energy device based on a renewable
resource.
ATTACHMENT C
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
LIST OF PERMITTED, CONDITIONAL AND PROHIBITED
USES IN THE I -1 INDUSTRIAL ZONING DISTRICT;
AMENDING CERTAIN RELATED DEFINITIONS IN THE
ZONING CODE; 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 finds that there are environmental and economic benefits
related to recycling various types of metals; and
WHEREAS, the City has adopted a recycling program for common household items which
are recycled through the weekly solid waste services provided by the City; and
WHEREAS, the City Commission also finds that there is a limited need to provide
additional local metal recycling options within the City and Seminole County; and
WHEREAS, to accommodate this limited local recycling need, the City Commission desires
to amend the list of permitted, conditional, and prohibited uses within the Industrial zoning district;
and
WHEREAS, on , the Planning & Zoning Board (Land Planning
Agency) conducted a public hearing on this ordinance and recommended approval to the City
Commission; 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:
City of Winter Springs
Ordinance No. 2010 -__
Page 1 of 5
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 City Code, Section 20 -259
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 20-
259. It is intended that the text in Section 20 -259 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
ARTICLE I. DEFINITIONS
* **
Junkyards. An establishment or place of business which is maintained, operated, or used for storing,
keeping, buying, or selling junk, or for the maintenance or operation of an automotive graveyard, and
the term shall include garbage dumps and sanitary landfills. For purposes of this definition, an
automotive graveyard shall mean an establishment or place of business which is maintained, used,
or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles or motor vehicle parts. The term junkyard shall not include a secondary metal recycler
which satisfies the requirements of section 20- 259(10) of the City Code. ,
. . . ■ . . .. . ...= , . . • _ ., . ., V. ., V. ., . . . ., . •
• . V
.. ' :NO 1 • . . • . ' . • 1 . • 9 11•1 , 111 . 1 . • -
. 1 . . .. • . 1 • .. r . . . .
* **
ARTICLE III. ESTABLISHMENT OF DISTRICTS
* **
DIVISION 8.5. I -1 LIGHT INDUSTRIAL DISTRICT
* **
Sec. 20 -259. Uses permitted.
City of Winter Springs
Ordinance No. 2010 -__
Page 2 of 5
Within the I -1 Light Industrial Zoning District, no building, structure, land or water shall be used
except for one (1) or more of the following uses:
(1) Any permitted use listed in Section 20 -345.1 of the "Commerce Center" District;
(2) Any permitted use listed in Section 20 -346.1 of the "C -3 Highway 17 -92 Commercial
District" for properties with frontage along U.S. 17 -92;
(3) Adult entertainment and sexually oriented businesses;
(4) Boat building and storage yards;
(5) Cabinet makers, furniture assembly and woodworking shops;
(6) Laundry and dry cleaning;
(7) Machinery sales and storage;
(8) Outside storage of contractor's equipment and supplies; public storage of tagged vehicles,
boats, RVs and commercial vehicles; fleet and dispatch yards; bulk storage; and other kinds of
storage yards of non - flammable /non- hazardous materials associated with manufacturing (See
section 20 -263 below.);
(9) Showrooms.
(10) Secondary metal recyclers, provided the site containing the metal recycling facility satisfies
each of the following conditions:
Lai The site must have a valid certificate of registration from the State of Florida, and
must comply with any applicable local, state, and federal regulations.
The site must accept local individual customers who desire to recycle metals
during normal business hours and in accordance with law.
The site must be comprised of not less than ten (10) acres and not more than
fifteen (15) acres.
The site must have railroad frontage for the transport of recycled materials.
fel The site shall not be located within one thousand (1000) feet of another secondary
metal recycler.
�f The site shall not front any arterial or collector roadway.
The site shall not directly abut a residential zoning district or any property used
for residential purposes.
City of Winter Springs
Ordinance No. 2010 -_
Page 3 of 5
This subsection (10) shall not be construed to authorize an automobile graveyard,
junkyard, solid waste management facility, landfill, hazardous waste storage facility, or any
similar type use.
* **
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 day of , 2010.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO - LUACES
City Clerk
City of Winter Springs
Ordinance No. 2010 -
Page 4of5
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2010 -_
Page 5 of 5