HomeMy WebLinkAbout2008 08 11 Public Hearing 500 Adoption Ordinance 2008-10CITY COMMISSION
ITEM 500
August 11, 2008
Regular Meeting
Consent
Information
Public Hearin X
Re ular
,~` ~ i ~~
Mgr./Dept
REQUEST: The Community Development Department -Planning Division, along with the
City Attorney and City Manager, request that the City Commission continue the Public Hearing
for Adoption of Ordinance 2008-10, which amends Chapter 20, Zoning of the Code of
Ordinances to change the list of permitted, conditional and prohibited uses in the C-2 General
Commercial District.
PURPOSE: The purpose of this item is to add additional permitted uses under the C-2
General Commercial Zoning District.
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
Regul,~atory Authority
Winter Springs Code of Ordinances, Chapter 20.
Winter Sprin sg_Comprehensive Plan
CHRONOLOGY:
May 22, 2008-Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing on Ord. 2008-10
June 4, 2008- P&Z/LPA considered the request and had a split vote of 2-2 on the motion to
recommend approval of Ordinance 2008-10
June 15, 2008-Public Noticing in Orlando Sentinel for ls` Reading
June 23, 2008 City Commission Public Hearing for 1st Reading
July 3, 2008- Public Noticing in Orlando Sentinel for 2nd Reading/Adoption
July 14, 2008 City Commission Public Hearing for 2nd Reading, which was continued for
further ordinance revisions.
July 28, 2008 The continued Public Hearing for Adoption was Postponed
CONSIDERATIONS:
August 11, 2008
Public Hearing Item 500
Page 2 of 6
1. Properties located along the SR 419 Corridor, which are located under an existing electric
transmission line and adjacent to the City's only functional railroad line and industrial zoned
property, are subject to substantial site development constraints and conditions. These
constraints and conditions are relatively unique for these properties because of the coexistence of
the electric transmission line, railroad line, SR 419 Collector Road, and the Industrial Park.
2. These properties also provide a unique economic development opportunity relative to the use
of the railroad line.
3. In addition, these properties have substantial limitations for acceptable land uses and are
subject to severe building constraints because of the existence of the transmission lines.
4. Bart Phillips, who owns a significant amount of land along the SR 419 corridor that is
subject to the aforementioned constraints and development challenges, has requested that the
City Commission consider a Code change to afford these constrained properties additional
commercial land uses appropriate for these properties. Particularly, Mr. Phillips has requested
that the City consider allowing limited warehousing used in conjunction, in whole or in part, with
the storage of products that are unloaded from railroad lines for wholesale or retail sale. He has
also requested allowing the parking and storage of vehicles, equipment, goods and materials,
which he states will be an acceptable use under the electric transmission lines.
5. The provisions of the zoning chapter [Section 20-3] are intended to promote the public
health, morals, safety and general welfare, to conserve the taxable value of land and buildings
and to protect the character and maintain the stability of residential, business and industrial areas
within the city and to promote the orderly and beneficial development of such areas. The
determination as to whether a particular use is appropriate to a particular zoning district, is made
by evaluating the purpose and intent of the zoning district as described in its opening paragraph.
Section 20-251 describes the C-2 General Commercial District as follows:
The lands of the C-2 General Commercial District 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.
6. While the proposed ordinance would authorize these two new uses in the C-2 zoning
district, the proposed ordinance would also make these uses subject to numerous other
conditions. These conditions are designed to mitigate any negative impact- these uses
August 1 1, 2008
Public Hearing Item 500
Page 3 of 6
could have on surrounding properties. Generally, one warehousing facility would be
allowed in conjunction with railroad line, not to exceed 27,000 square feet and 25 feet in
height and subject to other conditions. Further, the following supplemental conditions
will apply:
(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 street.
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 (13'/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) semi tractor-trailer rigs.
(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 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.
(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:
(a) More than twelve (12) semi tractor, trailer rigs.
August 11, 2008
Pubiic Hearing Item 500
Page 4 of 6
(b) Any vehicle that exceeds thirteen and one half (13 '/z) 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) 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 14,999 pounds of gross weight.
(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.
(13) 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.
August 11, 2008
Public Hearing Item 500
Page 5 of 6
(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.
(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, R.A.P parking improvements shall
be permitted in storage areas provided that the main drive aisles are
paved with asphalt or concrete.
7. Because the two new permitted uses have significant locational restrictions that are not
applicable to the other existing C-2 permitted uses, such as being located adjacent to a
state collector road and within and adjacent to an electric transmission line right-of-
way/easement (Outdoor Storage of Vehicles), or located adjacent to a functional railroad
line (warehousing), the two new C-2 permitted uses under Ordinance 2008-10 will not be
permissible in most of the currently C-2 zoned properties throughout the City. The two
new uses will likely only be allowed on C-2 zoned property along the SR 419 Corridor
because that is where the railroad line is currently and there is an existing FPL electric
transmission line running along SR 419.
8. The current City Code prohibits the storage of certain commercial and recreational
vehicles from residential areas. Therefore, facilitating the creation of an appropriate storage
facility for the storage of commercial and recreational vehicles for the residents of Winter
Springs could be beneficial to the public by assisting with code compliance issues.
Furthermore, having such a facility could assist the City in enforcing its commercial and
recreational vehicle storage restrictions imposed on residential areas. However, if such a
facility was opened, it must be take adequate steps to provide 24/7 security. A recent theft
from an Oviedo storage yard involving a 33-foot Palmetto custom boat and trailer, valued at
$100,000 and owned by a Winter Springs family, highlights the need for such a secure
vehicle storage facility.
9. Given these considerations, and the numerous safeguards being imposed to maximize
compatibility of the proposed uses with the surrounding areas, the City Commission could
reasonably find that the proposed ordinance serves a legitimate government purpose.
August 11, 2008
Public Hearing Item 500
Page 6 of 6
PLANNING & ZONING BOARD RECOMMENDATION:
At the June 4, 2008 regular meeting of the Planning & Zoning Board/LPA, the Board had a split
vote 2-2 on the motion to recommend approval of Ordinance 2008-10 with dissenting votes from
Poe and Martinez. Minutes of the meeting and a memo from each of those casting a dissenting
vote were previously provided to the City Commission as part of the agenda items for the first
and second readings (June 23 and July 14) and therefore, have not been included herein.
STAFF RECOMMENDATION:
Staff recommends that the City Commission continue the Public Hearing and consider whether
they desire to Adopt Ordinance 2008-10 as revised, which amends the list of permitted uses
within the C-2 General Commercial Zoning District.
ATTACHMENTS:
A- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing and
Public Noticing of City Commission Public Hearings
B- Ordinance 2008-10, as Revised
C- Letter from the City Attorney itemizing two additional changes proposed by Bart Phillips
and his consultants on August 6, 2008.
CITY COMMISSION ACTION:
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Al'TACHMENT A
------ i
- NOTICE OF ZONING
CODE CHANGES
j~ ~~CITY OF-WINTER SPRINGS
..: ..
- :t '`' ORDINANCE 2008-10
~~ f.
ORDINANCE OF THE CITY COMMISSION
_- THE CITY OI+ WINTER SPRINGS, FLORIDA,
AMENDING .CHAPTER 20, ZONING OF THE
BODE OF ORDINANCES TO CHANGE THE
'~ ~,IST OF PERMITTED, CONDITIONAL AND
)PROHIBITED USES IN TH&C-2 GENERAL COIvI-
-~ I~vIERCIAL DISTRICT; PROVIDING FOR THE RE-
hEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION IN'~O
THE CODESEVERABILITY, AND AN EFFECTIVE
LATE.
. City of Winter Springs
. PUBLIC HEARING
FOR FIRST READING WILL BEHELD ON
= ~ MONDAY, JUNE 23, 2008 AT 5:15 P.M.
' - ~ OR SOON THEREAFTER IN THE
-COMMISSION CHAMBERS LOCATED AT
15, 2008 L • -
TITUTE
,.. y
:~.
MD
ING
;Neuralgia
Pain
THE WINTER SPRINGS CITY HALL al Pain Research Institute, LLC
1126 EAST STATE ROAD 434
- ~;' WINTER SPRINGS, FLORIDA ~ ducting clinical trials in Fbromyalgia and
1'he. proposed ordinance may be dbtaYned by interested `Constipation wgh Chronic Opioid Use.
- .parties between 8 a.m. and S p:m., Monday through Fri-
• : ~ day, at the City's Clerks Office, located at 1126 E. SR 434, for more information, please call
• Wanter Springs,,, Florida: For more information, call (407) 407.622-5766 x1420
~Z7-1800 #227. Persons with disabilities needing assts-
tance to participate in any of these proceedings should
- :contact the Employee Relations Department Coordinator,
- ~ hours in advance of the' meeting at (407) 327-1800, ~ Lake Mary
_ #~~36. This is a public hearing. Interested parties are ad-
:wised that they may appear at the meeting and be heard ~T@~^ 47.936^207~
v~sith respect to the proposed ordinance. If you decide ~~aX 407.936.27 ~ .
;. to appeal any recommendation or decision made at this
-~: Ii~garing, you will need a record of the proceedings, and 'x106 W. Lake Mary BIYd.
;: or such purposes, you may need to ensure that a ver- Suite 20S
batim record of the proceedings is made, which record ' Lake Mary, FL 32746
includes the testimony and evi nce upon which the ap- ,;,
peal is based• Florida Statutes, S~tion 286:OTOS).
~Y~
H4
NOTICE OF ZONING
CODE CHANGES
CITY Of WINTER SPRINGS
ORDINANCE 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, CONDITIONAL.
AND PROHIBITED 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.
PUBLIC HEARING
FOR SECOND READING AND ADOPTION
WILL BE HELD ON
MONDAY, JULY 14, 2008 AT 5:15 P.M. ~
OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED
ATTHE WINTER SPRINGS CITY. MALL
1126 EAST STATE iROAfD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be obtained by interested
parties between 8 a.m. and 5 p.m., Monday through Friday, at
the City's Clerk's Office; located at 1126 E. SR 434, Winter
Springs, Florida. For more information, call (407) 327-1800
#227. Persons with disabilities needing. assistance 10
participate in any of these proceedings should contact the
Employee Relations Department Coordinator, 48 hours in
advance of the meeting at (407) 327-1800, #236. This is a
public hearing. Interested parties are advised that they may
appear at the meeting and be heard with respect.to the
proposed ordinance. If you decide to appeal any
recommendation or decision made at this hearing, 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, which record includes the testimony
and evidence upon which the appeal, is based Florida
Ftatutes, Section 286.O~p5).
iii
auxins
„+xr~a ~ r o- r ,
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Y
City of Winter Springs
~TTA+HMENT B
ORDINANCE 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 may be 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 fords 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- l0
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 str~ee~rt type indicates
deletions, while asterisks (* * *) indicate a deletion from this 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
***
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 stora a fg acilit~pecificall 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 adiacent to an electric transmission line right-of-way/easement.
Said facility shall be subject to the supplemental regulations set forth in section 20-256.
(351 A single warehouse building not to exceed 27,000 square feet and twen -five (25) feet
in height, provided the wazehouse 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 re ulations
set forth in section 20-256.
City of Winter Springs
Ordinance No. 2008-10
Page 2 of 6
*~*
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 (includin~t site plan review),
open storage uses under this Division shall also be subiect to the following requirements:
(1) Outdoor storage shall be screened from streets by a ten ! 10) foot decorative masonry wall
with an~gates bein~,,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 an~public street. In order to prevent visibility
from public streets the following minimum standards shall apply: (i) no vehicle, equipment, goods,
or materials in excess often (10~, feet in height shall be stored along or adiacent to the ten (10) foot
decorative masonry wall• and (ii~,no vehicle eq_uipment,-goods or materials shall be stored on the
realproperty in excess of thirteen and one-half (13 'YZ) feet in height.
~) The following vehicles and equipment may be stored on the property:
(aLy vehicle~ermitted within a residential zoning category as more specifically provided
in section 20-434.
(b) No more than twelve (12) semi tractor-trailer rigs.
(c) Boats boat trailers water craft residential vehicles, motor homes, travel trailers and
equine trailers.
~) Take home "on call" r~air and service vehicles that are operated bYpersons offduty, but
in an "on call'' work status for responding, to emergencies.
~) 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 year.
~fLService vehicles and equipment which are necessary for the operation and maintenance of
the uses expressly authorized on the property by City Code.
(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
City of Winter Springs
Ordinance No. 2008-10
Page 3 of 6
the following vehicles are expressly prohibited:
(a) More than twelve (12 semi tractor. trailer rigs.
(b) AnX vehicle that exceeds thirteen and one half (13 '/z) feet in height, inclusive of any
eauipment vehicles cargo or materials stored on top of the vehicle.
(c) Andvehicle 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) Heaw 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„ rading and lifting eauipment over 14 999 pounds of gross
weight.
54) Bulk storage of flammable/hazardous materials shall be prohibited..
(5) Warehouse buildings used in conjunction with the use authorized under section 20-252
5341 may be constructed up to the railroad right-of--way boundary provided said construction is
permitted by the railroad company.
X61 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 mater restoration part salvage maior part replacement engine repair transmission repair
body repair. and other heavy and maior repairs.
~Zlndoor and outdoor storage facilities for vehicles permitted under this Division shall be
open to the general~ublic for a space rental fee.
~8) Storage of junk is strictly prohibited.
(9) Vehicles~ermitted under this Division shall not be used as living_quarters.
X10) Not more than a total of five (5 cargo or shipping containers shall be stored at any one
time on the property.
511) Caro transfer operations are strictly prohibited except to transfer goods and materials
City of Winter Springs
Ordinance No. 2008-10
Page 4 of 6
to and from a warehouse building authorized under this Division.
(12Z Trucking terminal operations are strictly prohibited except to transfer ~.,oods and
materials to and from a warehouse building authorized under this Division.
X13) Twenty-four hour security personnel and/or security eauipment shall be provided to
provide reasonable protection of buildings located, and vehicles, equipment, goods and materials
stored, on the property.
x,14) The property shall not be used for fleet parking of commercial vehicles nor shall the
property be used as a centralized parking facili or staging area for construction vehicles and
equipment.
S 151 Parking surfaces on the property shall be improved to meet City paving; and drainage
codes However R A P parkinng 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 maybe
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors maybe 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.
City of Winter Springs
Ordinance No. 2008-10
Page 5 of 6
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2008.
JOHN F. BUSH, 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:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2008-10
Page 6 of 6
ATTACHMENT C
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at L,aiv
Debra S. Babb-Nutcher°
Joseph E. Glitch
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese°
William E. Reischmann, Jr.
J.W. Taylor
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
"Board Certified Ciiy, County & Local Government Law
'Board Certified Appellate Practice
The Honorable Mayor John F. Bush and
Members of the City Commission
1126 East State Road 434
Winter Springs, Florida 32708-6912
RE: Ordinance 2008-10
Dear Mayor and City Commission:
August 7, 2008
Tara L. Barrett
Vivian P. Cocotas
Scott J. Domstein
Robin Gibson Drage
Christopher H. Hunt
Katherine W. Latorre
Terri E. Oster
Amy J. Pitsch
Erin J. O'Leary'
Catherine D. Reischmann"
Of Counsel
On August 6, 2008, the City Manager and I met again with Bart Phillips and his consultants to
discuss the proposed revisions to Ordinance 2008-10. In general, Mr. Phillips and his consultants found the
revised ordinance to be acceptable for their proposed business needs. However, they recommended two
additional changes: - -
1. Because of two public streets which are internal to their property (Old Sanford Road /Wade
Streef), amend Section 20-256(1) to prohibit visibility from any "public collector road," rather than "any
public street."
2. Amend 20-256(2) to allow the storage of "(g) construction vehicles and equipment stored
on a trailer, provided the construction vehicles and equipment do not violate the express prohibitions in
subsection (3)."
If the change in paragraph 2. above is acceptable to the City Commission, a conforming amendment
to subsection (3)(f) will be required to add the language "unless stored on a trailer pursuant to subsection
2(g).,>
Mr. Phillips would like the City Commission to consider these changes.
Ve tru yours,
Anthony A. Garganese
City Attorney
AAG/jf
cc: Ron McLemore, City Manager (via email)
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