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Home My WebLink About2007 11 07 Public Hearing 503 Ordinance 2007-30 Planning & Zoning Board ITEM 503 Consent Information Public Hearin2 X Regular November 7.2007 Meeting MGR. IDEPT Authorization REQUEST: The Community Development Department requests that the Planning and Zoning Board hold a public hearing for Ordinance 2007- 30, which shall amend the text of Section 20- 323 of the City's Code of Ordinances, to include bridal shops; hair, nail and tanning salons; museums and/or cultural institutions; and reception facilities as permitted uses within the Town Center. PURPOSE: The purpose of this ordinance is to facilitate a Code text amendment to expand the permitted uses list for the Town Center. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Chapters 163 and 166, Florida Statutes. 3. Chapter 20, Section 20-323 of the City Code. 4. Winter Springs Charter Section 4.15 Ordinances in General. CONSIDERATIONS: The City Commission had previously approved inclusion of hair, nail, and tanning salons within the Town Center, although the Code text was not formally amended to incorporate the approval. More recently, staff has received inquiries about locating bridal shops and reception centers as well as a museum or other cultural institution within the Town Center. Staff and Dover Kohl believe these are acceptable uses within the Town Center. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Board consider the proposed Ordinance No. 2007-30 (Town Center code text amendment) and recommend approval. ATTACHMENTS: A- Dover Kohl correspondence of August 9,2007 B - Ordinance 2007-30 P&Z BOARD ACTION: Page 1 of 1 ATTACHMENT A Eloise Sahlstrom From: Sent: To: Cc: James Dougherty Ddougherty@doverkohl.com] Thursday, August 09, 2007 1 :50 PM Eloise Sahlstrom Victor Dover Subject: museums within the Winter Springs Town Center Hi Eloise, Thank you for your call. Yes, we feel that museums should be added to the list of Permitted Uses for the Winter Springs Town Center. Cultural institutions are an important part of town center environments and can be a great source and expression of civic pride. Museums can be great uses to inhabit focal civic sites within the Town Center as well. Please call or email with any questions. Thanks, James Dougherty AICP CNU Director of Design Dover, Kohl & Partners Town Planning www.doverkohl.com 10/30/2007 ATTACHMENT B ORDINANCE NO. 2007-30 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 TOWN CENTER DISTRICT CODE; PROVIDING FOR BRIDAL SHOPS, HAIR, NAIL AND TANNING SALONS, MUSEUMS AND/OR CULTURAL INSTITUTIONS, AND RECEPTION FACILITIES AS PERMITTED USES; 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 desires to amend Section 20-323 of the Town Center District Code to add as permitted uses of bridal shops, museums and/or cultural institutions, and reception facilities; and WHEREAS, the City Commission has previously approved as a permitted use hair, nail and tanning salons and now desires to formally incorporate it into the Code; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning is hereby amended as follows: (underlined type indicates additions and 5trikcout 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 City of Winter Springs Ordinance No. 2007-30 Page 1 of 3 shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 20 ZONING * * * ARTICLE III. ESTABLISHMENT OF DISTRICTS. * * * DIVISION 12. TOWN CENTER DISTRICT CODE. * * * 20-323. Permitted uses. [(a) Uses permitted. The following shall be permitted in the Town Center District;] * * * Bridal shops * * * Hair. Nail and Tanning salons * * * Museums and/or cultural institutions * * * Reception Facilities. not less than square feet * * * 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. City of Winter Springs Ordinance No. 2007-30 Page 2 of 3 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 City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2007. 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 3 of 3