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Home My WebLink About2008 06 04 Public Hearings 500 Ordinance 2008-10 Amends Chapter 20PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 500 June 4.2008 Regular Meeting Consent Information Public Hearin X Re ular REQUEST: The Community Development Department -Planning Division requests that the Local Planning Agency hold a Public Hearing for 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 Code revision will allow indoor and outdoor paved parking and storage of automobiles, boats, boat trailers, watercraft, motor homes, travel trailers, equine trailers, and recreational vehicles, under certain unique situations in areas of the C-2 Zoning District. Any of the above described vehicles to be parked or stored on the site shall be licensed, operable, and in good repair. Additionally, none of the above described vehicles shall be occupied as living quarters while parked or stored on the site. APPLICABLE LAW AND PUBLIC POLICY Section 2 (b), Article VIII, of the State Constitution. 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 CHRONOLOGY: May 22, 2008-Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing re: Ord. 2008- 10 June 4.2008- P&Z/LPA to consider the request and make recommendation re: Ord. 2008-10 CONSIDERATIONS: 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 June 4, 2008 Public Hearing Item 500 Page 2 of 3 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. This proposed text amendment to the zoning code is the result of the City Commission expressing a desire to maximize the development potential of real property with extraordinary difficult development constraints such as proximity to a railroad line and electric transmission line and a constrained capacity state collector road. The ordinance allows additional permitted uses (including automobiles, boats, boat trailers, watercraft, motor homes, travel trailers, equine trailers, and recreational vehicles) with supplemental requirements imposed, within the C-2 zoning category in order to provide economically viable land use opportunities to such properties. Currently, outdoor storage is not permitted within the C-2 General Commercial Zoning District. Residents of Winter Springs need a place to store their boats and recreational vehicles. Residential areas of the City and most Homeowner Associations do not afford residents the opportunity for outdoor storage of these vehicles, whether due to space limitations or because of restrictive covenants and deed restrictions because of certain general nuisances associated with the unregulated parking or storage of such vehicles. This ordinance requires the above described vehicles to be licensed, operable, and in good repair. The storage of tractor trailers, cargo trailers, car carriers, semi-trailers, flatbed trucks, dump trucks, wreckers, fleets, moving and storage vans, construction related equipment (such as backhoe, front-end loader, utility tractor, etc.) and other similar vehicles and non-recreational equipment will be prohibited. The proposed uses along with the associated restrictions, meets the purpose and intent of the C-2 zoning district. June 4, 2008 Public Hearing Item 500 Page 3 of 3 FINDINGS: (1) The code revision is in compliance with all procedural requirements established by City Code and Florida Statutes; and (2) The code revision is consistent with the city's comprehensive plan; STAFF RECOMMENDATION: Staff recommends that the P&Z/LPA hold a Public Hearing and recommend to the City Commission, Adoption of Ordinance 2008-10, which amends the C-2 General Commercial Zoning District to allow with supplemental restrictions, indoor and outdoor paved parking and storage of automobiles, boats, boat trailers, watercraft, motor homes, travel trailers, equine trailers, and recreational vehicles under certain unique situations, in areas of the C-2 Zoning District. TENTATIVE IMPLEMENTATION SCHEDULE: May 22.2008-Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing June 4.2008- P&Z/LPA to consider the request and make recommendation June 12, 2008-Public Noticing in Orlando Sentinel for 1St Reading of Ordinance 2008-10 June 23, 2008 City Commission Public Hearing for 1st Reading of Ordinance July 3, 2008- Public Noticing in Orlando Sentinel for 2nd Reading /Adoption July 14, 2008 City Commission Public Hearing for 2nd Reading /Adoption ATTACHMENTS: A- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing B- Ordinance 2008-10 P&Z/LPA ACTION: LegatNo iNlIUCf1FETINO NOTICE Stotutes,.Sedlon 4°6.0105). IN CIRCUIT COURT, TIoT~ ROAAO ~~IIN=Y COU NINTH JUDOCIAL .(CIVIL U WI{L TO IN AND F ROM ekrk of fM'Court L¢YRK ~EAL~ F ~ ~ INK ql pga. or as soon f raafter a>< >~1AN01£ WOIRY, MNOA / o UNT~Y~LIEO{RAI{D~AO a eee G ubbs Deputy Clerk ReeOY CSE720719 Yl4JOE 5uper vlio~s of t^e 0~~ NVAtRw 7a OL570R9 81 . Creek Improvement Dis• ~~ spry n Iclt m190 tHbel ~~uiu DNEE F~IIRIOIFC NOTICE iNAf iii i FO EITURE OF NO Sn, 8, iS, 22 2008 ~ o e Boulevard Lake Buono Vis- OC ~~T E ~~ I~ ta, Florlaa. At that time ` f! f - ' iney will consider pradosad qpINAIICE 104N tlcn reKlnu AN ORppIINANCE OF THE F uoi /8~o ert OF ACTION ~ ~ : ~ r y n rt y from iM ~isedv LFree~C Im- CITY COMMI_S¢I_QN_OF OBAHAM NOp ~O DWmiss OS may propgrrv come before them. The property to be de-an- cexed Is: A ~ n eel 1~~k,~7 in prb al nt8, Rep 47 Fue4 Oh Re nry, brl/s, eselsleleg A sera, ~srs r Isn. ar AOYICE TO THE 1UOlN: If anv'IHIBIT_'A" ATTACHE1DItlieie e , ,rvRSONIM/M: ~:.~s9,~^"..; nesdim °wslisf aece ~oLlvci: ~U AND Rte LOTIONS I^nTAVE1 N'UE~SUITE~E OT' CE~II EER~Rgy GIrJ ~• ~!~ANDO, F~ BDI. ~ ~ } NE TUNE 1 LLC titivate In on of t ce prp•. 5 VERABI I AND ArJ DONE ((1Q7) 36- N ceedi s slau d con act An- EFFEETIV DArFE, NIN 4 1M~ ~NG certif~da a h°i^ fl ed~y°f l laela ~ao 1107) OIB-4411, 1e , the YpUR RENCEIPT tertl/lcaM for a TA~ DEE~ meiiln9n advance of _f^e ON ~ E 3001 odfe~'D UME T IF to be IssaauM iMreeon. p^e ~• ~ saT'pREVOKE IIM• Yeniifoof IsiuanceDfheaae~ BT: ASE ~ ~~NCIJ:Id( ~ flw CALL 1.800-955- scrlpfion of the prooerfy MPROt/EMENT DIEf81CT TNE~ ~ ~ and the names In which I{' la 21 day at April, was assessed are as fol- COR721759 SrYJ/08 IDApA c DIkkA GARDNER E p "y(I~~~~ II B~EETD~O AMO The Proposed ordinances ~URT S A Court ESCRI - p~' 4ppS NOTICE U88ET WO~IIOF may De Inspected by Inter- D ~ ~~ PTI.ON 0 OP- p N1' CO ested parties between 8 y, Y Kel y rubbs RTY: gRAppS~fA RpNpp D FBEIIF DISTRICT a.m. and S p.tn Monday 08PUtY Clerk NOMPSONS AD~7(oN throng Fritlo at the s 1T.O APOPK56A CI ~ /4 The regular meeting of the Cltv's C~erk's ~ce, locate ~S/I, B, 15, 22, 4088 PTO OF VA[ tte eu w ~r3rD Board of Sucervlson of the ed at 11 6.Eas 5 Road Drive, Harmony, Florida. (/07)) 327.1!00, xfensldh 136r This is a pu Ile hear- 1 ro B h ti cordinngp fo hw, itie ..~p_~e~ ' d tttbed in such nrt fiM i l b ot mee ngs are ppen inp, If you deelpe to oppea! rtes public and will be ~ any recommendaftonldeci• ducted in accordance ~ ton'r~pde by Yh9 Loeal l e sale -p th4 h Dhs D u• w M 1, b~dder at fM 7rolning F ~ E t Illy located of 2010 Eo ~ the provisions of Florl a tanning AgeacY wit re• Law for Communit Devel- d t tt ld • LD 1 D M Michionn ~ trNt, Orland Florltlo ony ma y e!I cons - spe opnlent Districts. Copies d erect at ihti lneetlAp, ~Ypu ~ the agendas for these.meet• will need a record of t^e I bt i d f b on Jun•19.400B r - 10:00 a.m Dated: Apr•11-1D09 M th 0 nes ma~ e o a ne rom proceedings, and for such Severn rffnt Services, 41D rpostK You need f0 North Univarslty DrIYe, ensure ~iRat a verbatim re- ar T a . amN, CPA unty Comptroller rangpee Counfr~ Florida quite 800, Coral Sarin s, cord of the proaaedlnps Is C lorida 33071, (951).75}51. mode upon which cheap- M E ~Y: Christie Wlllls q put Comptroller peal is based. Interested A (N &ou~~y comptroller SeaU Thera may be occaalons FFartles are adylsed that I nd OL when one or more ~Suxryl- they may appear at the C etn:'d.u~.a.:y ~• 0,'15, 22, 2008' bnr Infere~ied persdn cdn SLS746770 SRTAB ~" """" attend the meeting at the t Homed Defend• above Iocatl0n and fx fully inkrmed Ot the discussions . raking pla it h r In per- ~ ` ` ~ c e e e ~ OF ACTION I ~ ~ eo h o n e oicationi. This workihoo IN THE CIRCUIT COCUtgRT~ N U ~ I F INAN• CE S may be continued to a date CIRCUIT IN AN~ f' p R OR• ana time certain to be pnr pLp~ IDA DE COISN7 V N I C LONfAI DRIVE µ ~ nounlxtl at the workshop. CKE N0. N•CMiTI~ FL 7J853, 4n cerdon ree~aVVlrlnp spe- DNg10N:11 cia~attommodattons of this WN AADRESS ~ RRENT RESI f~0 iPAff011D~A8 LI1yRU ~ meetlnp because of o d{so ~~~~1` bilftl~ ar vhysical ImOa ~Ilp - KNOWN I ment stauld contact Sevem Trent Sarvlca, 210 Norm DATED A R1L 11. i88S, ANd Hawn help de- tees tt drt University Drive, Suite ~00 JANFi N• BAIRlNI NT CCoral Springas Fdar dp Plalnfltts, -least 195/j 75YSb/1 at 33071 w ia , e ors known cerwns ~ 3 phuel~ cl°~: . , necenrt r r r • uea WY 1 a ATTI4CHMENT A ATTACHMENT B ORDINANCE NO. 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 fmds 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 maybe 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 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER Page 1 of 4 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 strii~cetrt 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 storage facility specifically designed for the parking and storage of automobiles, boats, boat trailers, watercraft, motorhomes, travel trailers, equine trailers, and recreational vehicles, provided said storage occurs on real property located adiacent to a state collector road and underneath electric transmission lines. In addition, indoor storage of the same in a warehouse building not to exceed 17,500 square feet and thirty-five (35) feet in height, provided the warehouse building is located adiacent to a functional railroad line. *** 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, open storage uses under this City of Winter Springs Ordinance No. 2008-10 Page 2 of 4 Division shall also be subject to the following requirements: (1) Outdoor storage shall be screened from streets by an ten (10) foot decorative masonry wall with any gates being opaque. (2) Bulk storage of flammable/hazardous materials shall be prohibited. (3) 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. (4) Any automobile, boat, boat trailer, watercraft, motorhome, travel trailer, equine trailer, and recreational vehicle stored under this Division shall be licensed, operable, and in good repair. Said storage shall be on a paved or other stabilized surface approved by the City. (5) Indoor and outdoor storage facilities for automobiles, boats, boat trailers, watercraft, motor homes, travel or equine trailers, and recreational vehicles shall be open to the general public for a fee. (6) The storage of tractor trailers, cargo trailers, car carriers, semi-trailer trucks, flatbed trucks, dump trucks, wreckers, fleets, moving and storage vans, construction related equipment (such as backhoe, front-end loader, utility tractor, etc.), and other similar vehicles and non-recreational equipment shall be prohibited. (7) Any automobile, boat, boat trailer, watercraft, motorhome, travel trailer, equine trailer, and recreational vehicle stored under this Division shall not be used as living quarters. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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 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. City of Winter Springs Ordinance No. 2008-10 Page 3 of 4 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, 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. 2007-30 Page 4 of 4