HomeMy WebLinkAbout2004 06 14 Public Hearings 403
COMMISSION AGENDA
ITEM 403
Consent
Informational
Public Hearing X
Regular
June 14, 2004
Meeting
MGR. /lv- IDEPT
Authorization
1}1/
REQUEST:
The Community Development Department- Planning Division and Planning & Zoning Board
requests the City Commission hold a public hearing for First Reading of Ordinance 2004-28,
establishing a new zoning district entitled "C-3 Highway 17-92 Commercial" and revising the
"C-1 Neighborhood Commercial", "C-2" General Commercial", and "I-I Light Industrial"
zoning districts.
PURPOSE: To update and revise the City's commercial and industrial districts and establish a
new commercial zoning district, which is oriented to commercial uses appropriate to the City's
vision for US 17-92. These revisions are resulting from recommendations generated from the
Planning and Zoning Board's Visioning Workshops held last fall.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act.
Section 166.041 (3)(c), Florida Statutes.
Chapter 20, Zoning, City of Winter Springs Code of Ordinances
CHRONOLOGY:
Julv 2002- City Commission adopted Ordinance 2002-07, creating a new Zoning classification
category, "1-1 Light Industrial District", and amended the list of permitted, conditional, and
prohibited uses under the existing "C-1 Neighborhood Commercial District" and "C-2 General
Commercial District" classifications. Industrial uses were eliminated from the revised "C-2 General
Commercial District" and included within the new "1-1 Light Industrial District".
Sept. l5, 2003- Commission Workshop. The Commission reviewed the current pemiitted uses
@
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
under the "C-2 General Commercial" and "I-l Light Industrial" zoning districts and considered
additions or modifications to the existing list of permitted uses in each of these districts.
Oct. 20, 2003- Commission Workshop. The Commission directed the Planning & Zoning Board to
go through a visioning exercise to give direction to the City's commercial and industrial areas.
Oct. 27, 2003- Visioning Exercise 1. The P&Z participated in a visioning exercise to begin defining
future directions for the commercial and industrial areas of the City.
Nov. 5; 2003- Visioning Exercise II. The P&Z continued the visioning exercise to define future
directions for the commercial and industrial areas of the City.
Nov. 11, 2003- Special Meeting. The P&Z held a special meeting to finalize recommendations
based on the visioning exercises.
Feb. 2, 2004- Commission Workshop. The Commission reviewed the current permitted uses under
the "C-l Neighborhood Commercial", " C-2 General Commercial" and "I-1 Light Industrial" zoning
districts and considered additions or modifications to the existing list of permitted uses in each of
these districts, as well as the establishment of a new "C-3 Highway 17-92 Commercial District".
Feb. 9,2004- The City Commission adopted the new "CC- Commerce Center" zoning district by
Ordinance 2004-02.
CONSIDERATIONS:
As a follow-up to the adoption of Ordinance 2002-07, Staff began the administrative rezoning from
"C-2" to "I-1" for parcels with an underlying "Industrial" future land use. However, what initially
seemed to be a simple task, proved more difficult.
Initially, it appeared that the list of permitted uses in each ofthe "C-2" and "1-1" districts needed to
be expanded; however, after several attempts at reviewing and making recommendations to the list
of permitted uses, the Commission directed the P&Z Board to conduct a Visioning Exercise.
FINDINGS:
The Visioning Exercise process revealed that some of the difficulty was a result of having too few
zoning categories, and the defining characteristics distinguishing the commercial and industrial
districts of the City from one another needed to be revisited. The P&Z Board determined that that
two additional zoning districts needed to be added in order to promote sound planning.
Subsequently, the City Commission adopted on February 9, 2004 a new zoning district entitled,
"CC- Commerce Center".
This ordinance now establishes the second zoning district recommended by the Board. Entitled
"C-3 Highway 17-92 Commercial", this district, will support more intense commercial activity at
a different scale than the neighborhood commercial and general commercial envisioned along
S.R. 434. To incorporate uses appropriate to 17-92 within the current "C-1" or "C-2" districts
would be to undermine the enhancement efforts underway for S.R. 434.
Adoption of this new zoning district will help to further define appropriate uses and will promote
sound planning.
June 14, 2004
PUBLIC HEARING AGENDA ITEM 403
PLANNING AND ZONING BOARD RECOMMENDATION:
At a special meeting on Tuesday, November 11,2003, the Planning and Zoning Board
recommended the establishment of a new C-3 Highway l7-92 Commercial zoning district along
with revisions to the other commercial and industrial districts' definition of purpose and list of
permitted uses. These recommendations include an introductory defining paragraph of purpose
for each district, followed by a list of permitted uses. In some cases additional defining or
performance guidelines are included.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for first reading of Ordinance
2004-28, establishing a new zoning district entitled "C-3 Highway l7-92 Commercial" and
revising the "C-l Neighborhood Commercial", "C-2" General Commercial", and "I-l Light
Industrial" zoning districts, in order to promote sound planning, to provide adequate safeguards
to protect against incompatible land uses which may impact adjacent or surrounding land uses
and to provide more differentiation between each of the commercial and industrial areas.
IMPLEMENTATION SCHEDULE:
June 14,2004- 1 sl Reading of Ordinance 2004-28
June 17,2004- Public Noticing in Orlando Sentinel for Public Hearing
June 28, 2004- 2nd Reading of Ordinance 2004-28
July 1, 2004- Public Noticing in Orlando Sentinel for Public Hearing and Adoption
July l2, 2004- Final Reading/Adoption of Ordinance 2004-28
ATTACHMENTS:
A. Planning & Zoning Board Minutes (November 11, 2004)
B. City Commission Workshop Minutes Workshop (February 9,2004)
C. Excerpts from Ordinance 2004-02 establishing the "CC Commerce Center"
zoning district
D. Ordinance 2004-28
COMMISSION ACTION:
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A:
P&Z Minutes
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING
TUESDAY, NOVEMBER 11,2003
II. AGENDA
A. Formal Actions Resulting From The Visioning Workshops Of October 29, 2003 And
November 5, 2003.
Chairman Brown briefly addressed the Board regarding an issue that was recently brought up at a
City Commission meeting.
Ms. Sahlstrom introduced Agenda Item A.
Discussion.
Chairman Brown read the New Commerce Center District, Belle Avenue as the Board Members
compared the list of businesses on draft page.
Discussion.
Board Member Rosanne Karr stated, "I would like to see that less than - greater than 3,500
square feet, but less than 7,500 square feet in this District."
Discussion.
"I WOULD LIKE TO MAKE A MOTION TO ACCEPT THE "NEW COMMERCE
CENTER DISTRICT" AS OUTLINED IN OUR MATERIAL HERE TONIGHT."
MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE.
DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A:
P&Z Minutes
1-1 Light Industrial District
Board Member William Poe read the 1-1 Light Industrial District permitted uses, as the Board
Members compared the list of businesses on draft page.
Discussion.
Board Member Karr stated, "There are not many specifics in here, for example, noise levels in
terms of decibels, and there is no real description of hazardous material besides what you are
guessing it to be. Do we need to put that in?" Ms. Sahlstrom, "Those are good comments and
could be added."
Chairman Brown, "I will entertain a motion now with the additions that Ms. Karr has made to it
whether it is recommended or not recommended to the City Commission."
"MR. CHAIRMAN, I WILL RECOMMEND THE REVISED I -1 LIGHT INDUSTRIAL
DISTRICT BE PRESENTED TO CITY COMMISSION FOR ADOPTION WITH THOSE
ADDITIONS BROUGHT UP BY BOARD MEMBER KARR." MOTION BY BOARD
MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
VICE CHAIRPERSON KREBS: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
BOARD MEMBER KARR: AYE
CHAIRMAN BROWN: AYE
MOTION CARRIED.
Revised "C-1 Neighborhood Commercial District" - State Road 434
Chairman Brown read the permitted uses for the C-1 Neighborhood Commercial District, State
Road 434.
Discussion.
Rosanne Karr left the dais at 5:45 p.m.
Tape One/Side 2
"I WOULD like to make a motion to accept the Revised C-l Neighborhood Commercial
District as discussed." motion by Vice Chairperson Krebs. Seconded by Board member
Poe. DISCUSSION.
June 14, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A:
P&Z Minutes
VOTE:
VICE CHAIRPERSON KREBS: AYE
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AWAY FROM DAIS
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
Highway Commercial District- 17-92 New Zoning District
Chairman Brown read the permitted uses for Highway Commercial District -Highway 17-92 to
the Board Members.
Discussion.
Vice Chairperson Krebs stated, "I do not see "Pawn Shops" listed."
Discussion.
Vice Chairperson Krebs, "I would like to see, if we were going to have it on Highway 17-92 and
not on State Road 434 in the City. I would recommend that we put that in there."
Discussion.
Board Member Karr returned to the dais - 5:58 p.m.
C-1 Neighborhood Commercial
Mr. John Baker, AICP, Senior Planner, Community Development Department, addressed C-1
Neighborhood Commercial- "Animal Hospitals and Clinics". Wherever you have an animal
hospital or clinic with outdoor facilities for the animals of any kind, you must very careful to
make sure these are buffered to protect the adjacent residential uses. Even though they do not
have outdoor kennels, you have to be very careful with the buffering of outdoor run areas if they
take the animals out every few hours to run or walk. You may wish to address whether you want
to have outdoor kennels or if you want to limit it to supervised walks.
Board Member Ned Voska suggested anything with outdoor facilities is a Conditional Use for the
animal clinics or hospitals.
ADDITIONAL MOTION TO (C-1 NEIGHBORHOOD DISTRICT).
June 14, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A:
P&Z Minutes
"I MAKE A MOTION TO RECOMMEND THAT ANY ANIMAL HOSPITAL AND/OR
ANIMAL CLINIC WITH OUTSIDE FACILITIES BE LISTED UNDER CONDITIONAL
USE." MOTION BY VICE CHAIRPERSON KREBS. SECONDED BY BOARD
MEMBER POE. DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
Rosanne Karr left the dais at 6: lOp. m.
Returning to the "Highway Commercial District-17-92 New Zoning District"
Discussion.
"I WILL MAKE A MOTION TO ACCEPT THE HIGHWAY COMMERCIAL
DISTRICT ON [HIGHWAY] 17-92 AS PROPOSED." MOTION BY BOARD MEMBER
VOSKA. SECONDED BY BOARD MEMBER POE. DISCUSSION.
Vice Chairperson Krebs commented that the Motion did not address "Pawn Shops" and she does
not know if it needs to be added to the Motion.
Chairman Brown stated that the Motion must be voted on.
"MOTION TO AMEND". MOTION BY VICE CHAIRPERSON KREBS. SECONDED
BY BOARD MEMBER POE. DISCUSSION. WITH THE CONSENSUS OF THE
BOARD.
MOTION CARRIED.
Chairman Brown, "We can amend it now because we did vote on the amendment with a
consensus. We have to vote on the original Motion before the amendment."
VOTE: (ON ORIGINAL MOTION)
BOARD MEMBER KARR AWAY FROM DAIS
BOARD MEMBER POE: NAY
BOARD MEMBER VOSKA: NAY
VICE CHAIRPERSON KREBS: NAY
June 14, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A:
P&Z Minutes
CHAIRMAN BROWN: NAY
MOTION DID NOT CARRY
Vice Chairperson Krebs stated, "I did not see "Pawn Shop" use listed and if it was going to be
included in the City, this would be the place to include it and I would want to see it in the
[Highway] 17-92 area. We should include "Pawn Shops"."
Discussion.
"I WOULD LIKE TO MAKE A MOTION TO ACCEPT THE HIGHWAY
COMMERCIAL DISTR][CT WITH THE AMENDMENT TO ADD TO IT THE
CONDITIONAL USE ON THE INDUSTRIAL AND TO ADD THE PAWN SHOPS TO
THE LISTING OF IT." MOTION BY BOARD MEMBER VOSKA. SECONDED BY
VICE CHAIRPERSON KREBS. DISCUSSION.
VOTE:
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
VICE CHAIRPERSON KREBS: AYE
CHAIRMAN TOM BROWN: AYE
BOARD MEMBER KARR AWAY FROM DAIS
MOTION CARRIED.
Ms. Sahlstrom mentioned that at the last Commission meeting it was announced that there will
not be a Commission meeting on the 24th [November 2003] and the next City Commission
meeting is December 8,2003. The next Planning and Zoning meeting is scheduled for Tuesday,
December 9,2003.
Board Member Karr returned to the dais at approximately 6:14 p.m.
Board Member Poe departed the meeting at 6:16 p.m.
Discussion.
A decision was made that Vice Chairperson Krebs would work with Ms. Sahlstrom to prepare
the presentation she will give to the City Commission.
Discussion.
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
CC Workshop
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
WORKSHOP
FEBRUARY 2, 2004
CALL TO ORDER
The Workshop of Monday, February 2,2004 ofthe City Commission was called to order by Deputy
Mayor Edward Martinez, Jr. at 6:31 p.m. in the Commission Chambers ofthe Municipal Building
(City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Mayor John F. Bush, absent
Deputy Mayor Edward Martinez, Jr., present
Commissioner Robert S. Miller, absent
Commissioner Michael S. Blake, present
Commissioner Sally McGinnis, present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, arrived at 6:41 p.m.
Following a moment of silence in memory ofMr. Richard Baker, Deputy Mayor Martinez led the
Pledge of Allegiance.
AGENDA
1. Community Development Department - Planning Division And The Planning And Zoning
Board Requests The City Commission Consider Recommendations Of The Board Resulting
From Several Visioning Workshops Related To The City's Commercial And Industrial Zoning
Districts And Permitted Uses Within Each.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department
presented a presentation related to the Planning and Zoning Board/Local Planning Agency's
Visioning discussions.
City Attorney Anthony A. Garganese arrived at 6:41 p.m.
Discussion.
Commissioner Michael S. Blake stated, "I am a little concerned that we are still talking about
now upzoning that portion of the 'C-2' to 'I-I' while really adjacent to that property we have
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
CC Workshop
both C-1 and 'Residential' right across the street there." Ms. Sahlstrom stated, "So you're concerned
about this being 'I-1' rather than 'Commercial'..." Commissioner Blake stated, "...Yes - it is
currently 'C-2'." It is for the most part developed already. . ." Ms. Sahlstrom then said, "...It is. .."
Commissioner Blake added, "Is it not developed under 'C-2' standards?" Ms. Sahlstrom responded,
"Yes." Commissioner Blake then said, "Is there anything going on there currently that would not fit
under 'C-2' as you are proposing to amend it?" Ms. Sahlstrom said, "Yes."
Deputy Mayor Martinez said to Ms. Sahlstrom, "I think that the point that he brings up - has to be
given more attention because, I do not know ifthe other Commissioners agree, but if we have all of
that 'Industrial' there, 'Industrial' fits Adult Entertainment, and I think it would not go very well so
close to residential areas." Ms. Sahlstrom agreed and said, "Yes, that is a large consideration."
Further discussion.
Commissioner Blake asked Ms. Sahlstrom to read a statement about noxious odors. Ms. Sahlstrom
read the following statement: "The purpose ofthis district is to encourage and develop industry of
an exceptionally clean, nonobiectionable type and to protect it from encroachment of smoke, fumes,
vibration, noise or odors." Furthermore, Ms. Sahlstrom stated, "I guess that is not exactly what we
want here. We want to protect adjacent uses from - encroachment, from the district..."
Commissioner Blake said, "...I would agree..." Ms. Sahlstrom added, ". . .Is really the direction we
were trying to go. Thanks for pointing that out."
Further discussion.
Manager McLemore departed the Workshop at 7:13 p.m.
Deputy Mayor Martinez stated, "On the 'Light Industrial District' page, at the bottom, on the (Q), it
says 'Kennels, pet and animal rescue operations, animal boarding houses', and so on and so forth.
Should we include a 'Conditional Use' clause because the Platming and Zoning Board [/Local
Planning Agency] recommended 'Conditional Use' for this type of operation?" Ms. Sahlstrom said,
"In the 'I-1', we didn't make that a - 'Conditional Use'. We can put it there if the Commission
prefers it to be a 'Conditional Use'." Commissioner Sally McGinnis said, "I do." Ms. Sahlstrom
then said, "Okay."
Discussion.
Tape l/Side B
Commissioner McGinnis inquired about a "Noise Curfew" and stated, "I think this - definitely
warrants a section." Ms. Sahlstrom suggested, "Maybe a table relating to the different districts, what
is acceptable." Commissioner McGinnis added, "Proximity to neighborhoods." Ms. Sahlstrom
agreed and said, "Exactly."
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
CC Workshop
Ms. Sahlstrom then pointed out, "At some point we will need to come back and complete the
Rezoning of properties - in the area along Old Sanford-Oviedo Road, from 'C-2' to 'I-I'. It makes
sense to do that after the Code is revised if it is in fact going to be revised."
While referring to Attachment 'D' - 'C-l', Ms. Sahlstrom stated, "We have added under 'C-1',
'Animal hospitals and veterinary clinics (with no outside kennels)'. That is a new 'Permitted Use'.
But then, under 'Conditional Use', we have added, 'Animal hospitals and veterinary clinics' and it is
supposed to say, '(with outside kennels)'."
Ms. Sahlstrom then stated, "Item (39), 'Health and exercise clubs and athletic training facilities' -
that is redundant. We have item (59) - it says 'Physical fitness and health clubs'. I think we could
simply add 'athletic training facilities' to that."
Discussion.
Deputy Mayor Martinez pointed out, '" Artists' - it is too ambiguous, and I think we should clarify it
a little bit." Attorney Garganese said, "That is not a problem." Discussion.
Next, under Attachment 'E,' Commissioner Blake said, "In this preamble here it discusses where a
suitable area would be in temlS ofthe transportation corridor, that it would be adjacent to. Anthony
[Garganese], do we open ourselves up to a challenge to rezone, upzone certain areas because they
happen to be adjacent to say [State Road] 434 which might be six (6) lanes at that point?" Attorney
Garganese stated, "You could put some language in here excluding State Road 434." Commissioner
Blake added, "Tuskawilla Road - I would want to protect also."
With further discussion, Commissioner Blake stated, "I would be concerned about somebody
bringing this preamble in to us and saying, 'Well, you have to give me this type of Zoning here
because I meet all ofthe qualifications;' and I don't think we can unreasonably withhold that, if we
don't write it correctly. Ijust think it needs some work."
Ms. Sahlstrom then said, "I would need clarification on this, but I think that the only true major
arterial would be [US Highway] 17-92, unless it would be the GreeneWay. The others I believe
would be considered collectors."
Commissioner Blake further inquired, "How do you define that?" Ms. Sahlstrom responded, "We
will just note your concern." Attorney Garganese suggested, "Limit this district to lands adjacent to
US Highway 17-92 or in close proximity thereto, instead of opening up all of Tuskawilla Road or
State Road 434, Northern Way." Attorney Garganese then suggested that Ms. Sahlstrom include
"An exclusion in here - just excluding [State Road] 434 and Tuskawilla Road from this District."
Commissioner McGinnis stated, "I think so."
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
CC Workshop
Ms. Sahlstrom inquired, "Is it your preference to say 'Limited to lands along Highway l7-92 up a
block' or to say 'Excluding [State Road] 434 and Tuskawi 11 a Road '?" Deputy Mayor Martinez said,
"I think 'Excluding' is better." Commissioner McGinnis agreed and stated, "Yes." Commissioner
Blake said, "I think it would be better not to 'Exclude', but to - not say where it does not happen, but
say where it does happen."
Attorney Garganese suggested, "This District is intended to be limited to US Highway 17-92 and
maybe that intersection when you study the map." Furthermore, Attorney Garganese offered, "You
may want to even change the name of it - of the Zoning District. Instead of calling it 'Highway
Commercial,' maybe it is the' 17-92 Commercial District'." Ms. Sahlstrom added, "That's fine."
With discussion, Deputy Mayor Martinez said to Ms. Sahlstrom, "You and the City Attorney got the
jist of what the Commission suggested - whenever you bring it back, that should be in there."
With further discussion, Commissioner McGinnis stated, "When you look under the' [US Highway]
17 -92 Commercial District', all those uses, and in there are 'Cultural institutions (such as museums
and art galleries)'." Ms. Sahlstrom suggested, "I think we should add that under 'C-l '."
Commissioner McGinnis then said, "I would agree." Deputy Mayor Martinez added, ''No objection-
so go ahead."
Mr. John Baker, AlCP, Senior Planner, Community Development Department addressed the City
Commission and said, "There might be a possible conflict between the 'Big box retail' and the
'Retail commercial', not to exceed 50,000 square feet - Items (3) and (25)." With further discussion,
Ms. Sahlstrom inquired, "Would you want bigger than 50,000 [square feet]?" Commissioner
McGinnis said, ''No.'' Commissioner Blake stated, "It depends on where."
Deputy Mayor Martinez then asked Commissioner Blake, "So you are in favor of (3) and (25)
staying?" Commissioner Blake responded, "I don't have a problem with (3) being there. (25) is
potentially a conflict. I do not know why we need to limit it to 50,000 square feet there."
Commissioner McGinnis stated, "I prefer limitations - 50,000 [square] feet." Commissioner
McLeod added, "1 don't think you should limit yourself." Deputy Mayor Martinez summarized that,
"The majority opinion is over 50,000 [square feet]."
Ms. Sahlstrom said, "Would you want to have something under the 'Conditional Use', that ifit was
over 50,000 [square feet], they would need a 'Conditional Use'?" Deputy Mayor Martinez said,
"That would be a way out." Commissioner McGinnis stated, "That is good." Commissioner Blake
responded, "I don't have a problem with that." Commissioner McLeod said, "I don't think you
ought to limit yourself."
Next, Ms. Sahlstrom spoke on the "Conditional Uses" and said, "'Light manufacturing, processing,
assembly and/or distribution (not to exceed 3,500 SF' [square feet] - that was Tenants; not to
exceed, not the building itself." Commissioner McGinnis pointed out, "That is not clear though."
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B:
CC Workshop
Ms. Sahlstrom suggested, "We need to add that language."
Next, Ms. Sahlstrom stated, "The 'C-2' that you have in your packets - there were no changes or
recommendations to that." I have looked through it. We probably will want to make some changes."
Ms. Sahlstrom added, "P and Z [Planning and Zoning Board/Local Planning Agency] hasn't made
those recommendations. It's probably some we could bring back at another time." Deputy Mayor
Martinez stated, "What I would like to suggest is the Commissioners look over the list here and if
they have any suggestions to bring them up."
Attorney Garganese said to Ms. Sahlstrom, "Are you going to be working on the Greene W ay
Interchange District Update, any time soon?" Ms. Sahlstrom stated, "I haven't had any direction
relating to that - ifthe Commission or if you felt we needed to do that..." Attorney Garganese said,
"I think that should be on the starting blocks."
Commissioner McGinnis said to Ms. Sahlstrom, "You did a wonderful job. I think the Committee
deserves a big round of applause for all the work they did."
Ms. Sahlstrom then inquired, "How would the Commission like us to proceed at this point?"
Commissioner Blake said, "Make the changes and put them all together and bring them back, but I
would like to have them all come back at the same time." Commissioner McGinnis stated, "I agree."
Commissioner McLeod added, "Works for me."
ADJOURNMENT
Deputy Mayor Martinez adjourned the Meeting at 8:00 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO-LUACES, CMC
CITY CLERK
June 14, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT C:
Excerpts from Ordinance 2004-02 establishing the
"CC- Commerce Center" District
DIVISION 14. CC - COMMERCE CENTER ZONING DISTRICT.
Sec. 20-345. In General.
The provisions of this district are intended to apply to lands suitable for a wide variety of
small scale (less than 3500 SF) commercial and light industrial tenants in divided
warehouses which serve the needs of the community without generating excessive traffic
from clientele and suppliers of materials. The purpose of this district is to encourage and
develop start-up industrv of an exceptionallv clean. non-obiectionable type and permit the
normal operation of land uses listed hereunder under such conditions of operation that will
protect any abutting residential and other noncommercial uses, minimize the interruption
of traffic along adiacent thoroughfares. and promote aesthetic and architectural harmony.
attractiveness. and compatibility within the community and abide by the periormance and
development standards of the city. county, state and U.S. government. Areas of the City
for which this zoning category is appropriate are designated on the future land use map as
"Industrial. "
Sec. 20-345.1. Uses permitted.
Within the CC - Commerce Center Zoning District. no buildina. structure. land or water
shall be used except for one (1) or more of the following uses:
(1) Light manufacturing, processing. and/or assembly: wholesale sales and
distribution of:
(a) Audio books:
(b) Bakery products:
(c) Bottling plants:
(d) Brooms and brushes:
(e) Candy and confectionerv products:
(f) Ceramics and pottery:
(9) Cosmetics and toiletries:
(h) Customized cabinetry. furniture. or other specialty woodworking shop:
(j) Dairv products:
(j) Dental labs:
(k) Electrical machinery and eauipment:
(I) Electronic equipment: software development:
(m) Floral arrangements:
(n) Garments, textile products including draperies:
(0) Glass and glass products:
(p) Jewelrv:
(q) Optical equipment:
City or Wimer Springs
Orclinam;c No, 2004-02
Page 2 of 6
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT C:
Excerpts from Ordinance 2004-02 establishing the
"CC- Commerce Center" District
(r) Material or product packaging:
(s) Medical supplies (with limited rental):
(t) Perfume:
(u) Pharmaceutical products:
(v) Photographic equipment and supplies;
(w) Plastic products. except pvroxvlin:
(x) Precision instruments and machinerv:
(v) Promotional products:
(2) Recreational eauipment:
(aa) Screen printing:
(bb) Soap products and candles:
(cc) Shoes and leather goods (except leather processing):
(dd) Signs:
(ee) Silverware and utensils:
(ff) Specialtv foods:
(99) Specialty merchandise:
(hh) Spices and spice packaging:
(ii) Stationerv:
(jj) Toys:
(kk) Vehicle accessories and parts:
(II) Window coverings:
(2) Catering.
(3) Equipment service and installation.
(4) Landscaping services,
(5) Offices and studios including:
(a) Adver1ising and marketing:
(b) Artists:
(c) Auctioneers:
(d) Consultants:
(e) Contractors:
(f) Graphic arts. design:
(g) Mail order addressing:
(h) Musicians:
(i) PhotographY:
(j) Radio and television:
(k) Real estate brokers:
(I) Telephone sales solicitors:
(m) Utility management services:
City of Winter Springs
Ordinance No. 2004,02
P;lgc 3 of 6
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT C:
Excerpts from Ordinance 2004-02 establishing the
"CC- Commerce Center" District
(n) Vehicle brokers or agents:
(0) Wholesale sales and distribution: and
(p) Wrecker and towing service.
(6) Packing & Shipping Services.
(7) Paint Stores
(8) Printing. bookbinding. engraving. and publishing plants,
(9) Public and governmental services and facilities.
(10) Record management. data processing services. data storaae facilities.
(11) Research. development. and laboratory facilities.
(12) Testing of materials. equipment. and products.
(13) Technical and trade instruction.
(14) Vehicle repair (does not include body work or painting),
(15) Vehicle upholstery.
(16) Window tinting.
(17) Warehousing and storage in enclosed buildings or structures (including cold
storage and frozen food lockers).
(18) Wholesale sales and distribution.
(19) Retail sales directly associated with a permitted use authorized by this
Section. provided the retail sales are ancillarv. secondary. and incidental to
the permitted use.
Section 20-345.2. Building Height Restrictions.
No building or structure shall exceed thirty-five (35) feet.
Section 20-345.3. Conditional Uses.
(1) Light manufacturing. processing. and assemblv not listed above.
City or Winler Springs
Ordinance No. 2004,02
Page 4 or (i
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT C:
Excerpts from Ordinance 2004-02 establishing the
"CC- Commerce Center" District
(2) Health and exercise clubs and instruction which generate traffic from
clientele.
(3) Laundrv and dry c1eanin9 (with non-flammable solvents onlv).
(4) Outside storage if screened from streets and adiacent properties by a
masonry wall with an opaque gate.
(5) Tenant area greater than 3500 S.F. but less than 7500 S.F.
Section 20-345.4. Bulk regulations.
(1) All uses shall be maintained within an enclosed permanent building with no
outside storage. unless permitted bv conditional use.
(2) Maximum tenant area: 3500 SF. unless permitted bv conditional use.
(3) Minimum front setback: Twenty-five (25) ft.
(4) Minimum side and rear setback: Fifteen (15) feet.
City of Winter Springs
Ordinalll'C No. 2004-02
Pagl' :; of 6
June 14,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT D:
ORDINANCE 2004-28
ORDINANCE 2004-28
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING, BY AMENDING THE LIST OF
PERMITTED, CONDITIONAL, AND PROHIBITED USES
WITHIN THE 1-1 LIGHT INDUSTRIAL DISTRICT, WITHIN
THE C-l NEIGHBORHOOD COMMERCIAL DISTRICT, AND
WITHIN THE C-2 GENERAL COMMERCIAL DISTRICT;
ADOPTING A NEW ZONING DISTRICT CATEGORY
CALLED "C-3 HIGHWAY 17-92COMMERCIAL DISTRICT"
AND ESTABLISHING PERMITTED, CONDITIONAL, AND
PROHIBITED USES WITHIN THAT DISTRICT; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission 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 has the police power to establish comprehensive zoning districts and
regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272
U.S. 365 (1926); and
WHEREAS, the City Commission and City staff held a workshop to conduct a
comprehensive review ofthe City's current list of permitted, conditional, and prohibited uses under
the I-I, C-l and C-2 zoning districts; and
WHEREAS, upon review, the City Commission hereby finds that the current I-I, C-l and C-
2 zoning schemes do not provide adequate safeguards to protect against introducing incompatible
land uses which may impact adjacent or surrounding land uses and may make it difficult to create a
system of transitional commercial and industrial zoning districts throughout the City; and
WHEREAS, the City Commission desires to anlend the current list of permitted, conditional,
and prohibited uses under the I-I, C-l and C-2 zoning districts, and to create a new C-3 Highway 17-
92 Commercial District; and
WHEREAS, the Planning and Zoning Board/LP A has reviewed this Ordinance and has
found it consistent with the City's Comprehensive Plan and recommended approval to the City
Commission; and
City of Winter Springs
Ordinance 2004-28
Page 1 of 12
WHEREAS, the City Commission ofthe City of Winter Springs held a duly noticed public
hearing on the proposed zoning code change set forth hereunder and considered findings and advice
ofthe Planning and Zoning Board, City Attorney, staff, citizens, and all interested parties submitting
written and oral comments and supporting data and analysis, and being otherwise fully advised,
hereby finds that this Ordinance is consistent with the City's Comprehensive Plan, serves a
legitimate government purpose, promotes smart growth management and is in the best interests of
the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Code Amendments. Chapter 20, Zoning, ofthe City of Winter Springs Code
is hereby amended as follows (underlined type indicates additions and strikeout type indicates
deletions, while asterisks (* * *) indicate a deletion from this Ordinance oftext 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):
ARTICLE III. ESTABLISHMENT OF DISTRICTS
* * *
DIVISION 7. C-l NEIGHBORHOOD COMMERCIAL DISTRICTS
Sec. 20-231. In general.
The C-l Neighborhood Commercial District consists oflands abutting principal streets, the frontages
of which are especially adaptable to selected 100v traffic generating uses light retail sales and services
and office-oriented professional services which serve the community and which are not detrimental
to adiacent residential districts. Adjoining these lands are residential districts that would be
adversely affected by a greater diversification of uses creating serious problems of traffic movement
and generation. The district is intended for lands suitable for low intonse neighborhood commercial
uses in close proximity to residential districts. The land uses under this district shall promote
spaciousness of land uses, minimize traffic along adjacent thoroughfares and within residential
districts, promote aesthetic and architectural harmony, attractiveness, and compatibility with nearby
residential districts and within the community, and abide by the performance and development
standards of the city, county, state, and U.S. government. Areas of the city for which this zoning
category are appropriate are designated on the future land use map as "Commercial. "
Sec. 20-232. Uses permitted.
(a) Within any C-l Neighborhood Commercial District, no building, structure, land or water
shall be used except for one (1) or more of the following uses:
City of Winter Springs
Ordinance 2004-28
Page 2 of 12
(1) ,\dministrative public buildings;
~ill Advertising agencies;
~ill Alcoholic beverage sales (package);
f4iill Alcoholic beverage on-premises consumption;
Will Alterations and tailoring;
(5) Animal hospitals and veterinary clinics (with no outside kennels);
(6) Antique and gift shop;
(7) Appliances, sales and service;
(8) Art supplies and picture framing shops;
fB(2} Artists' (such as painters, sculptors, and craftmakers) studios;
f9jQ.Q} Attorneys;
~f.l.U Automotive accessories sales;
8-BDll Bakery, retail;
fl-21i.lll Bathroom accessories;
~.Q.1} Bicycles, sales and service (including rentals);
fl-41ill.} Bookstores, stationery and office supplies, newsstands;
~Q.fu Bookkeepers;
(16) Bov/ling alleys;
(17) Butcher shop, retail only;
(18) Carpets, rugs and linoleum;
(19) Car wash;
(20) Plaoes of'.vorship;
~ilID. Cleaners;
~.Q22 Coin dealers;
~(20) Computers, hardware, flflEI software, and other electronics sales and service;
fMj@ Confectionery and ice cream stores (including outside dining);
(22) Copy shops;
(23) Cultural institutions (such as museums, etc.);
~(24) Dance and music studios;
~~ Day nurseries, kindergartens and day care;
~(26) Drug and sundry stores;
~a:n Employment agencies;
f2-9j@ Financial institutions, banks, savings and loan;
(29) Floor coverings;
(30) Florist and gift shops (including outdoor display and sales);
(31) Formal wear rentals;
(31) Mini mart (convenienoe store, snack shop and self service gasoline sales);
(32) Furniture, retail, new and used;
(33) Grocers, retail; those whose business include and are limited to the retail sale of
groceries including produce, meats and household goods but shall not include the sale of
gasoline;
(34) Gun shop;
(35) Hair and beauty salons (including nail salons);
(36) Hardware stores;
(37) Health and exercise clubs and athletic training facilities;
~.Q.ID Health food;
City of Winter Springs
Ordinance 2004-28
Page 3 of 12
~Q2} Hobby and craft shops; fabric stores;
~(40) Hospitals, and nursing homes;
~B.l} Hypnotists;
(4B( 42) Ice, retail
~(43) Insurance;
~( 44) Interior decorating and draperies;
t44jG.2} Jewelry stores;
t4B( 46) Launderettes and laundromats;
(46j( 47) Libraries;
t4'7)GID Loan companies;
~(49) Locksmiths;
f491ill1 Luggage shops;
~!1.D Medical and dental clinics and laboratories;
(52) Micro-breweries and micro-wineries;
Mill} Nurseries, plants, trees, etc., retail (including outdoor display and sales);
(54) Offices. professional and business;
~.Gi) Outdoor advertising signs sales offices;
~OO Paint store;
~~ Parking garages;
~i2.ID Pet shops and grooming;
~(22} Photographic studios;
(57) Physioal fitness and health clubs;
~(60) Post office;
~(Ql) Private clubs and lodges;
(60) Quiok printers;
(62) Public and government services;
teB~ Radio and TV broadcasting studios, excluding towers;
~(64) Radio and TV sales and service;
(65) Religious assembly;
~(66) Rental shops;
(64) Professional offioes such as lawyers, dootors, acoountants, oomputer sofhvare
engineers, arohiteots and similar type offices;
~(67) Retirement homes;
t66j(QID Restaurants and outdoor dining; cafes;
~(69) Schools, public, private and parochial, service vocational schools (such as
cosmetology, medical and dental assistant's training) requiring no mechanical equipment;
~(70) Shoe repair shops;
~QU Skating rinks;
~Q1} Sporting goods, retail;
f7Billl Swimming pool&;- sales, service and supplies;
~(74) Tailoring shops;
fR-)@ Taxidermists;
f741Q.Q} Telephone business office and exchanges and telemarketers (No dispatch);
(75) Theaters, not drive ins;
f761.QIl Title companies;
fH1.Q[} Tobacco shops;
City of Winter Springs
Ordinance 2004-28
Page 4 of 12
p.&jQ2} Toy stores;
~(liQL Travel agencies;
f&G1(ll) Wearing apparel stores;
(b) Outdoor display and/or sales are prohibited except as specified or as permitted by special
exception.
* * *
Sec. 20-234. Conditional uses.
(1) Amusement and recreational parks and centers (including golf driving ranges,
miniature golf courses, billiard halls, children's play centers, bowling alleys and similar
uses);
(2) Animal hospitals and veterinary clinics with outside kennels;
(3) Car wash;
(4) Convenience markets and stores and self-service gasoline sales;
ill W Multiple- family residential units may be permitted as conditional uses as provided
by the board of adjustment. with a maximum allowable density no greater than that allowed
under a Medium Density Residential future land use designation and with at least two (2)
parking spaces for each unit provided within an enclosed garage.
(b) Before a oonditional use may be granted within the olassifioation, tho board of
adjustment must, after publio hearings, find that the use or uses are consistent with the
general zoning and \vith the publio interest.
* * *
Sec. 20-236. Building site area regulations. Overlay district re2:ulations.
In C 1 Neighborhood Commercial Districts, the building site area regulations are none. Overlay
district regulations may apply.
Sec. 20-237. Front, rear and side yard Bulk regulations.
ill (a) Front yard. /\. front yard or setback of at least fifteen (15) feet shall be provided,
except hov,'ever, that ',,,,hen the frontage in one (1) blook is located partly in C 1
Neighborhood Commercial Distriots and partly in a residential or multiple dwelling distriot,
then the front yard requirements of the residential distriot or multiple dV/elling district shall
apply to the C 1 Neighborhood Commercial Districts. Minimum front setback: Twenty-five
(25) ft.
ill (b )Sidc yard. None required except on that side ofthe lot abutting upon the side of a
lot zoned for residenoe purposes, in '.vhich case there shall be a side yard of not less than
thirty (30) feet. In all other oases a side yard, ifprovided, shall not be less than three (3) feet.
Minimum rear and side setback: Fifteen (15) ft.
City of Winter Springs
Ordinance 2004-28
Page 5 of 12
(3) The total impervious surface area shall not exceed seventy-five (75) percent of the
total site.
* * *
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:
* * *
(13) Flea markets, open air; Offices. professional and business;
* * *
(32) Minor aAutomotivelboatlmanufactured home minor service and minor repair
establishments (including filling stations, repair garages and similar non-intense uses),
provided that all activity shall be conducted within a completely enclosed building and there
is not outdoor storage of any kind~~
* * *
Sec. 20-253. Building site area regulations heieht reeulations.
No building or structure shall exceed fifty (50) feet in height.
Sec. 20-254. Conditional uses.
tB@ Multiple-fanlily residential mTi-ts,. with a maximum allowable density no greater than
that allowed under a Medium Density Residential future land use designation and with at
least two (2) parking spaces for each unit provided within an enclosed garage;
(2) Major aAutomotivelboat/manufactured home maior service and maior repair
establishments (including body repairs and painting and similar heavy type uses);
ill Car wash;
~@ Halfway houses, group homes, and similar uses;
t4fffi Small-scale cabinet makers, furniture assembly, and woodworking shops (not to
exceed 2,500 sq. ft.);
WID Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.);
~ill Mortuary and funeral homes;
City of Winter Springs
Ordinance 2004-28
Page 6 of 12
fAill Amusement and recreational parks and centers (including golf driving ranges,
miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar
uses);
(8) Body picroing and tattoo shops.
Sec. 20-255. Bulk re2:ulations.
ill Minimum front setback: Twenty-five (25) ft.
ill Minimum side and rear setback: Fifteen (15) ft.
ill The total impervious surface area shall not exceed seventy-five (75) percent of the
total site.
Sec. 20~256-20-257. Reserved.
DIVISION 8.5. 1-1 LIGHT INDUSTRIAL DISTRICT
Sec. 20-258. In general.
The provisions of this district are intended to apply to lands and structures, by their use and location,
which are especially adapted to the business of wholesale distribution, storage and light
manufacturing suitable for light industrial land uses and to authorized land uses and activities which
that could cause adverse secondary effects and influences on residential areas surrounding
neighborhoods and nonindustrial uses. Such lands should be are located in close proximity to
principal thoroughfares transportation faoilities and adequately separated (or buffered or both) away
from residential and oommercial uses. The purpose of this district is to encourage and develop
exceptionally clean, non-obiectionable industrial uses and to allow a place for other uses and
activities which could cause adverse secondary effects and influences on surrounding neighborhoods
if located elsewhere. It is also the intent of this district to protect adiacent parcels from
encroachment of smoke, fumes, vibration, noise or odors of any obiectionable nature and to promote
aesthetic and architectural harmony, and attractiveness within the community. allovt' the land uses
listed hereunder under such conditions of operation and standards that \vill protect nearby rcsidential
and oommercial uses. All uses allowed hereunder shall abide by the performances and development
standards imposed by looal of the city, county, state, and U.S. government federal law and by any
development agreement roquirod by the oity. Areas of the city for which this zoning category may be
appropriate are designated on the future land use map as "Industrial."
Sec. 20-259. Uses permitted.
Within the I-I 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:
Light manufaoturing, processing and assembly, inoluding:
(a) Precision manufaoturing;
(b) Eleotrical machinery and oomputer components and ohips;
(0) Bottling plants;
City of Winter Springs
Ordinance 2004-28
Page 7 of 12
(d) Recycling of non hazardous materials;
( e) Garments;
(n Bakery products;
(g) Ceramics and pottery;
(h) Dairy produots;
(i) Glass and glass produots;
CD Pharmaoeutical produots;
(k) Shoes and leather goods (except leather processing);
(1) Brooms and brushes;
(m) Candy and oonfectionery products;
(n) Cosmetics and toiletries;
(0) Soap products and candles;
(P) J e\velry;
(q) Optical equipment;
(r) Perfume;
(s) Plastic products;
(t) Silverware and utensils;
(u) Spices and spice packaging;
(v) Stationery; and
(w) Toys.
(2) ,^~utomotive body repairing and painting; repair of mobile homes and vehicles with
more than hvo (2) axles.
(3) Vlarehousing in enclosed buildings or structures.
(1) Kennels, pet and animal rescue operations, animal boarding houses, and similar
animal facilities or operations.
ffiUl Outside Automotive 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.h~
(6) Researoh, development, and laboratory facilities. Machinery sales and storage;
P1ill Adult entertainment and sexually oriented businesses~~
(8) Public and governmental services. Showrooms.
t9till Cabinet makers, furniture assembly and woodworking shops~~
(10) Pawn shops.
(11) Distributing of nonhazardous materials or products.
(12) Printing, bookbinding, engraving, and publishing plants.
(13) Radio and television studios and offices.
(14) Cold storage and frozen food lookers.
fl-Bill Laundry and dry cleaning~~
(16) Truoking terminals.
(17) Landscaping servioes.
(18) Record management and data storage faoilities.
fl-9)ill Boat building and storage yards~~
* * *
City of Winter Springs
Ordinance 2004-28
Page 8 of 12
Sec. 20-261. Conditional uses.
(1 ) Body piercing and tattoo shops;
(2) Building floor area greater than 50,000 Sq. ft.;
ill fat Halfway houses, group homes and similar useS7~
ill (b) Bulk outdoor storage, but not including storage of flammable or hazardous
materials. Kennels, pet and animal rescue operations, animal boarding houses, and similar
animal facilities or operations;
ill ~ Light manufacturing, processing, and assembly not listed under Section 20-~
345.1(1)-;~
@ (d) Health and exercise clubs. Trucking terminals;
ill W Welding shops.
Sec. 20-262. Bulk regulations.
ill fat Minimum floor area: Nine hundred (900) sq. ft.; Maximum floor area: 50,000 sq.
ft. unless permitted by Conditional Use.
ill (bj Minimum lot size: Seven thousand five hundred (7,500) sq. ft.
ill ~ Minimum lot width: Seventy-five (75) ft.
ill fdj Minimum lot depth: One hundred (100) ft.
ill W Minimum front setback: Twenty-five (25) ft.
@ ft) Minimum side and rear setback: Fifteen (15) ft.
(7) (g) Minimum side interior setback: None, side corner lot: Fifteen (15) ft. Thetotal
impervious surface area shall not exceed seventy-five (75) percent of the total site.
Sec. 20-263. Enclosed buildines and outside storaee.
All uses shall be maintained within an enclosed permanent building with any outside storage
screened from streets by an eight (8') foot masonry wall with any gates being opaque.
Sec. 20-UJ264 - 20-265. Reserved.
Section 3. C-3 Highway 17-92 Commercial Zoning Category Created. Chapter 20
Zoning, Article III, Establishment of Districts, of the Code of the City of Winter Springs is hereby
amended to create a new Division 15 as follows (underlined type are additions and strikeout type are
deletions):
DIVISION 15. C-3 HIGHWAY 17-92 COMMERCIAL DISTRICT
Sec. 20- . In eeneral.
The lands of the "C-3 Highway 17-92 Commercial" District are particularly oriented to a wide
variety of commercial and professional office uses which may generate excessive traffic from
clientele or capture large volumes oftraffic from adiacent thoroughfares. The purpose ofthis district
is to encourage and develop the normal operation of general commercial land uses listed here, under
such conditions of operation as will protect abutting residential and other noncommercial uses, and
promote aesthetic and architectural harmony, attractiveness, and compatibility within the community,
City of Winter Springs
Ordinance 2004-28
Page 9 of 12
and abide by the performance and development standards of the city. county. state and U.S.
government. This District is intended for lands adiacent to or easily serviced by collector and maior
arterial roads adaptable to higher traffic generating general commercial uses. Areas of the city for
which this zoning category may be appropriate are designated on the future land use map as
"Commercial. "
Sec. 20- . Uses permitted.
Within "C-3 Highway 17-92 Commercial" District. no building. structure. land or water shall be
used except for one (1) or more of the following uses:
(1) Any use permitted in the C-l Neighborhood Commercial District;
(2) Amusement and recreational parks and centers (including golf driving ranges.
miniature golf courses. billiard halls. children's play centers. bowling alleys and similar
uses);
(3) Automotivelboatlmanufactured home minor service and minorrepair establishments
(including filling stations. repair garages and similar non-intense uses). provided that all
activity shall be conducted within a completely enclosed building and there is no outdoor
storage of any kind;
(4) Automotive and vehicular retail sales; rental and leasing;
(5) Baker. retail and wholesale (including coffee roasting);
(6) Big box retail;
(7) Boat sales;
(8) Bus terminal;
(9) Car wash;
(10) Cold storage and frozen food lockers;
(11) Contractors (provided that all activity and storage shall be conducted within a
completely enclosed building and there is no outdoor storage of any kind);
(12) Corporate headquarters and office parks;
(13) Equipment rental;
(14) Gas. bottled;
(15) Grocers. retail and wholesale;
(16) Gas stations ( full service). as an accessory use to a convenience store and satisfying
any distance requirement established by City Code;
(17) Indoor public storage;
(18) Industrial trade. professional and vocational schools. not involving operations of an
industrial nature;
(19) Laboratories for testing materials and chemical analysis of a non-industrial nature;
(20) Landscaping services; nurseries. plants. trees;
(21) Lumber. building. and home improvement supplies in an enclosed building or
structure;
(22) Motels and hotels;
(23) Movers;
(24) Pest control (exterminating) of a non-industrial nature;
(25) Printers. commercial;
(26) Radio and television studios and offices;
City of Winter Springs
Ordinance 2004-28
Page 10 of 12
(27) Recreational vehicles sales and service;
(28) Research development and service facilities;
(29) Retail commercial and commercial outlets not exceeding 50,000 sq. ft.;
(30) Showrooms;
(31) Theaters, not drive-ins.
Sec. 20- . BuildiDi! heie:ht ree:ulations.
No building or structure shall exceed fifty (50) feet in height.
Sec. 20-
Conditional uses.
(1) Automotivelboatlmanufactured home maior service and maior repair establishments
(including body repairs and painting and similar heavy type uses) provided that all activity
shall be conducted within a completely enclosed building and there is no outdoor storage of
any kind;
(2) Halfway houses, group homes, and similar uses;
(3) Light manufacturing, processing, assembly and/or wholesale distribution, provided
that all activity shall be conducted within a completely enclosed building (tenant space not to
exceed 10,000 sq. ft.) and there is no outdoor storage of any kind;
(4) Mortuary and funeral homes;
(5) Multiple-family residential with a maximum allowable density no greater than that
allowed under a High Density Residential future land use designation and with at least two
(2) parking spaces for each unit provided;
(6) Outside storage if screened from streets and adiacent properties by an 8' masonry
wall with any gates being opaque.
(7) Pawn shops.
(8) Retail commercial and commercial outlets exceeding 50,000 sq. ft.;
(9) Seasonal or temporary outdoor display and/or sales (such as Christmas tree lots, etc.);
Sec. 20- . Bulk ree:ulations.
(1) All uses shall be maintained within an enclosed permanent building with no outside
display, sales, or storage unless stated otherwise or permitted by conditional use.
(2) Minimum front setback: Twenty-five (25) ft.
(3) Minimum side and rear setback: Fifteen (15) ft.
(4) The total impervious surface area shall not exceed seventy-five (75) percent of the
total site.
Sec. 20- -20-
Reserved.
Section 4. 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 conflict herewith, are hereby repealed to the extent of the conflict.
City of Winter Springs
Ordinance 2004-28
Page 11 of 12
Section 5. 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.
Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida and as provided by the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2004.
ATTEST:
JOHN F. BUSH, Mayor
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 2004-28
Page 12 of 12