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HomeMy WebLinkAboutOrdinance 2011-06 Amending the CC Commerce Center Zoning District ORDINANCE NO. 2011-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CC COMMERCE CENTER ZONING DISTRICT REGULATIONS SET FORTH IN CHAPTER 20, ARTICLE III, DIVISION 14 OF THE CITY CODE RELATED TO MAXIMUM TENANT AREA; PROVIDING FOR 7,500 SQUARE FEET OF MAXIMUM TENANT AREA; REPEALING THE CONDITIONAL USE FOR TENANT AREA BETWEEN 3,500 AND 7,500 SQUARE FEET; 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's CC- Commerce Center Zoning District was created in 2004 to allow for small- scale, light industrial and commercial operations; and WHEREAS, pursuant to section 20- 345.4(2) of the current CC- Commerce Center District regulations, tenant space is limited to a maximum of 3,500 square feet or 7,500 square feet with an approved conditional use; and WHEREAS, the City Commission finds that the existing limitations on the maximum tenant area are too restrictive for several existing businesses located in the CC- Commerce Center Zoning District and that enforcement of such provisions would likely drive these businesses out of the City; and WHEREAS, given the current downturn in the nation's economy, the City Commission desires to accommodate and maintain the existing businesses in the CC- Commerce Center Zoning District; and WHEREAS, in furtherance of accommodating these businesses, the City Commission adopted Resolution 2011 -17 on April 25, 2011, temporarily suspending the enforcement of the 3,500 square foot maximum tenant area in the CC- Commerce Center Zoning District; and WHEREAS, the City Commission directed that staffprepare an ordinance to amend the City Code to permit for a maximum of 7,500 square feet of tenant area in the CC- Commerce Center City of W inter Springs Ordinance No. 2011 -06 Page 1 of 4 Zoning District without the need for an approved conditional use; 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: 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 Code of Ordinances, Chapter 20, Zoning, is hereby amended as follows (underlined type indicates additions and btiik.,uut type indicates deletions, while asterisks (* * *) indicate a deletion from the 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 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 seven three thousand five hundred (3,569 7,500) square feet) 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 industry of an exceptionally clean, non - objectionable 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 adjacent thoroughfares, and 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. Areas of the city for which this zoning category is appropriate are designated on the future land use map as "industrial." City of Winter Springs Ordinance No. 2011 -06 Page 2 of 4 * ** Sec. 20- 345.3. Conditional uses. (1) Light manufacturing, processing, and assembly not listed above. (2) Health and exercise clubs and instruction which generate traffic from clientele. (3) Laundry and dry cleaning (with non - flammable solvents only). (4) Outside storage if screened from streets and adjacent properties by a masonry wall with an opaque gate. (5) Tiiiaiit aiva tliau tl1uuaa(1d f v liuualivl (3,500) s but lL r, than Jv vvii thvuaaiid fives hu11d1vd (7,500) a ffvt. Sec. 20- 345.4. Bulk regulations. * ** (2) Maximum tenant area: Seven thousand five hundred (3,500 7,500) square feet; uniesr permitted-by-conditional-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 City of Winter Springs Ordinance No. 2011 -06 Page 3 of 4 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 27th day of June , 2011. 6 >Af A ESL EY, or : ATTES : ANHIE ORENZO- LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR j ;, CITY OF WINTER SPRINGS ONLY. ip , Adimme • NTIIONY A. GARGANESE City Attorney First Legal Ad Published: June 2, 2011 First Reading: June 13, 2011 Second Legal Ad Published: June 16, 2011 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2011 -06 Page 4 of 4