The URL can be used to link to this page

Home My WebLink About2003 09 08 Public Hearings D First Reading - Ordinance 2003-37 Contractor Storage Yards COMMISSION AGENDA ITEM D Consent Informational Public Hearing X Regular September 8. 2003 Meeting f/J/~J Mgr. / Au. / Dept. REQUEST: The City Attorney presents to the City Commission for approval on First Reading Ordinance 2003- 37 relating to the list of permitted uses within. the 1.1 Industrial Zoning District to clarify that contractor storage yards are an allowed use. PURPOSE: The purpose of this ordinance is to add clarifying language to the I-I Industrial Zoning District Lo expressly state that conLr<1ctor storage yanls are an allowed use. APPLICABLE LAW AND PUBLIC POtICY: 1. Florida Municipal Home Rule Powers Act. 2. Section 166.041, Florida Statutes. CONSIDERATIONS: 1. During the administrative rezoning ofindustrial land within the City, industrial land owners voiced concern that the new 1-1 zoning district eliminated contractor storage yards from the list of permitted uses. Page 1 of 2 2. The City Attomeyhas opim:d that ptmnitted use (5) under the 1-1 zoning district would allow contractor storage yards even though the word "contractor" is not stated because pennitted use (5) allows storage yards of non-hazardous materials. 3. Notwithstanding, to address the concerns oflhe industrial land owners, the City Commission directed that the 1-1 zoning district be amended to speet tically state that contractor storage yards are allowed. 4, Section 166.041( c), Florida Statutes, req uires two advertised public hearings before adopting an ordinance that changes the list ofpcrrnitted, conditional, and prohibited uses in a zoning category, 5. If approved on first Reading, Ordinance 2003-37 will be advertised Jor two additional public hearings (second and third readings). 6. This ordinance is being brought to the COIluuission at this time during the administrative rezoning process to demonstrate good faith to the industrial land owners. STAFF RRCOMMENDATJON: . The City Attorney recommends approval of Ordinance No. 2003-37 on First Reading and that the City Commission direct that Ordinance No. 2003-37 be ~dvertised for two additional public hearings pursuant to Section J66.041(c), Florida Statutes. ATTACHMENT: Ordinance 2003-37 COMMISSION ACTION: On August 25, 2003. the City Commission directed that this ordinance be prepared, r:\f.l()<.~\(,:iiy or Winter Springs\Agenda\l.1 PeJ'millc.,U J,~.wpt1 Page 2 of 2 ORDINANCE 2003-37 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THlt LIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES IN THE I-t INDUSTRIAL ZONING DISTRICT FOR PURPOSES OF ADDING CLARIFYING LANGUAGE THAT EXPRESSLY ST A TI1:S THAT CONTRACTOR STORAGE YARDS ARE ALLOWED WITHIN THE INDUSTRJAI. AREA; PROVIDING FOR THE REPEAL Ot' PRlOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SRVERAnlLITY, AND AN EFFECTIVE DATE. WHEREAS, this Ordinance is intended to clarify the list or pennitted uses in the I-I Industrial Zoning District; and WHEREAS, based on concerns expressed by industrial property owners during an administrative rezoning process, the City Commission desires to clarify that contractor !;torage yards arc a p~nnilled use within the Industrial Zoning District; and \VHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed change set rorth hereunder and considered findings and advice of stafl~ citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, herebyfll1ds the requ~sled change consistent with the City or Winter Springs' Comprehensive Plan and lhat sufficient, competent, and substantial evidence supports the change set forth hereunder; and Cit)' of WinltT Springs Ordinance No. 2003-) 7 Page: 1 of 4 WHEREAS, the City Commission hereby finds that this Ordinan~e servos a legitimate government purpose and is in the hest interests of the public health) safety, and welfare of the citizens ofWinler Springs) rlorida. NOW, THEREFORE, TIlE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS lb'OLLOWS: Section 1. Recitals. The foregoing recitals are truc and correct and are fully incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code. Section 20-259 is hereby amended as follows (underlined type indicates additions and sbikooul type indicates deletions, while asterisks (* >l< *) indicate a deletion from this Ordinance of text existing in Se<:tion 20-259. It is intended that the text in Section 20-259 denoted hy the asterisks and set forth in this Ordinan\;c l:ihall remain unchanged from the language existing prior to adoption ofthis Ordinance): Sec. 20-259. Uses permitted. Within the I-I Light Industrial Zoning District. no hUllding, structure, land, or water shaH be used t::x.l.:epL for one or more oflhe following uses: * . ok (5) Automotive and contractor equipment and material storage yards and other kinds of storage yards of nonhazardous mateIi.als. ;, ft * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in l.:onflict herewith, are hereby repealed to the extent orthe conflict. CilY of Winter Springs Ordinance No, 20n.V,7 Pase 2 of 4 Section 4_ Incorporation Into Code. This Ordinance shall he incorporated into the Winter Springs City Code and any sex.tion or paragraph numher or letter and any heading may bc changed or modified as necessary to effectuate the forcgoing. Section s. Severability. If any section, subsection, ~entencc, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competentjunsdiction, whether for substantive, procedural, or any other r~ason, 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. SectioD 6. Effective Date. Thi:> Ordinance shall hecome effective immediately upon the 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 or Winter Springs, Florida, in a regular meeting assembled on t~e _ day of .2003. John F. Bush, Mayor ATTEST: ". Andrea Lorenzo-Luaces, City Clerk City of Winter Springs Ordimmec No, 200]-37 Page 3 of 4 Approved as lo legal form and sufficiency for the City of Winter Springs only: - Anthony A. Gurganese, City Attorney Fi rst Reading: __,_ Second Reading: Effective Date: P;\D(.1C$\Cily ,,( Wioter ~'prin&;\Ordj"~I1.c~Ij-I]cnniacd-l}scs. 'vpd7 City of WInter Spring!: Ordinance No. 2003-37 P~gc 4 of 4