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Home My WebLink About2010 02 03 Public Hearing 502 Request For Public Hearing Ordinance 2010-03-I-1 Industrial Zoning PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 502 Info Consent Public Hearing X Regular February 3, 2010 Meeting REQUEST: The 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. 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 portion s of Old Sanford - Oviedo Road in favor of 419 Metals. The requested text amendment detailed in Ordinance 2010 -03 represents the City's the City's desire to allow secondary metal recycling in the Light Industrial Zoning District under very limited and specific criterion. 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 CONSIDERATIONS: 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 the weekly solid waste services provided by the City. There is also recognized benefit to recycling various types of metals. There is a limited need to provide local metal recycling options within the City and Seminole County. This need appears to best be accommodated within the City's Light Industrial zoning category. The City recognizes that there are very few parcels of existing real property that are uniquely February 3, 2010 PUBLIC HEARING AGENDA ITEM 502 Page 2 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 criterion. Said criterion are for the purpose of protecting the public interest and surrounding property owners. The proposed text amendment allows for continuation of the existing facility and for the upgrade of said facility in conformance with the stated criterion. FISCAL IMPACT: There is no currently known direct fiscal impact to the City. Allowing the existing use to continue operations and to expand/upgrade will mean continued and possibly enhance property tax revenues to the City. COMMUNICATION EFFORTS: Jan. 24, 2010- Public Noticing in the Orlando Sentinel of Local Planning Agency Public Hearing Feb. 3, 2010- Public Hearing before the Local Planning Agency TENTATIVE IMPLEMENTATION SCHEDULE: Feb. 22, 2010- 1st Reading of Ordinance 2010 -03 before the City Commission Feb. 11, 2010- Public Noticing in Orlando Sentinel (Display Ad 7 days prior) Feb. 28, 2010- Public Noticing in Orlando Sentinel (Display Ad 5 days prior to adoption) Mar. 8, 2010- Possible 2nd Reading/Adoption of Ordinance 2010 -03 STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board hold a Public Hearing for Ordinance 2010 -03, and make a recommendation to the City Commission regarding amending list of permitted, conditional and prohibited uses in the I -1 Industrial Zoning District and amending certain related definitions in the Zoning Code. ATTACHMENTS: A. Ordinance 2010 - 03 PLANNING & ZONING BOARD / LPA RECOMMENDATION: ATTACHMENT A 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 W inter 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. , . • • . 11..1 • . .. . 1. 1 • 1 , . 1, •1 1, • 1, O. 1, 1. 1, 1 • . 1, • 1 .1 1 1 1 11 . 1 • 1 • .1/ 1 • . • 1 • , psi , 1 1 . •1 1 .. 1 1 1 • •1 1 1 11 • • 1 1 11 • • • • .1 1 . * ** 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: 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. fg) 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 man agement 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 4 of 5 ti 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