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HomeMy WebLinkAboutOrdinance 2013-08 Chapter 20 Amendments - Mortuaries ORDINANCE NO. 2013-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING CHAPTER 20. ZONING, OF THE CODE OF ORDINANCES; AMENDING THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO ADD MORTUARIES AND FUNERAL HOMES AS A CONDITIONAL USE; AMENDING THE C-2 GENERAL COMMERCIAL DISTRICT TO ADD MORTUARIES AND FUNERAL HOMES AS A PERMITTED USE; AMENDING THE CC COMMERCE CENTER DISTRICT TO ADD CREMATORIES AS A PERMITTED USE; 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 C-1 Neighborhood Commercial District is intended to provide, among other things, office-oriented professional services which serve the community; and WHEREAS,the City's C-2 General Commercial District is intended to provide for a variety of commercial operations which serve the commercial needs of the community and are not detrimental to the adjacent noncommercial uses; and WHEREAS, the City believes that mortuaries and funeral homes provide important professional and commercial services to the Winter Springs community consistent with the intent of the C-1 and C-2 Districts; and WHEREAS,the City Commission desires to amend the City's C-1 District to add mortuaries and funeral homes as a conditional use, and to amend the City's C-2 District to add mortuaries and funeral homes as a permitted use; and WHEREAS, the City's CC Commerce Center District is intended to provide for a variety of small scale commercial and light industrial uses which serve the needs of the community without generating excessive traffic; and WHEREAS, the City believes that crematories serve the needs of the community and that the use is appropriate within the City's CC District as a permitted use; and City of Winter Springs Ordinance No.2013-08 Page 1 of 5 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 strikcout 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 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT * * * Sec. 20-234. - Conditional uses. * * * (6) Mortuaries and funeral homes. * * * DIVISION 8. C-2 GENERAL COMMERCIAL DISTRICT * * * Sec. 20-252. - Uses permitted. City of Winter Springs Ordinance No. 2013-08 Page 2 of 5 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: * * * (36) Mortuaries and funeral homes. Sec. 20-254. - Conditional Uses. (5) Mortuary and funcral homcs; (5 6) Multiple-family residential with a maximum allowable density no greater than that allowed under Medium Density Residential future land use designation and with at least two (2)parking spaces for each unit provided within an enclosed garage; (6 ) Small-scale cabinet makers, furniture assembly, and woodworking shops (not to exceed 2,500 sq. ft.); (7 f) Small-scale clothing manufacturing (not to exceed 2.500 sq. ft.). * * * 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 thousand five hundred (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. 2013-08 Page 3 of 5 Sec. 20-345.1 - Uses permitted. Within the CC Commerce Center Zoning District,no building, structure,land or water shall be used except for one (1) or more of the following uses: (20) Crematories. X 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 adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No.2013-08 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 12thday of August , 2013. CHARLES L• In( i• yor ATT S : • 1 LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR T CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney 1st Legal Ad Published: July 11, 2013 First Reading: July 22, 2013 2nd Legal Ad Published: July 11, 2013 Effective Date: August 12, 2013 City of Winter Springs Ordinance No.2013-08 Page 5 of 5 G4 Inin018 Extra I Orlando Sentinel Thursday,July 11,2013 se Attachment "E" NOTICE OF PUBLIC NOTICE OF HEARING PUBLIC HEARING crry OF WINTER SPRINGS , CITY OF NOTICE IS HEREBY GIVEN THAT WINTER SPRINGS THE CITY COMMISSION PROPOSES TO CONSIDER THE FOLLOWING: NOTICE IS HEREBY GIVEN THAT ORDINANCE NO.2013-09 AN ORDINANCE OF THE CITY COMMISSION THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE ' PROPOSES TO CONSIDER COUNTY,FLORIDA,REGARDINGTHE REGULATION THE FOLLOWING' OF SIGNS; AMENDING CHAPTER 16, ARTICLE 111, SIGNS; RENUMBERING AND UNIFYING THE ORDINANCE NO 2013-08 STATE ROAD 434 SIGN REGULATIONS SET FORTH AN ORDINANCE OF THE CITY COMMISSION IN SECTIONS 20-470 AND 20-486 INTO CHAPTER ' OF THE CITY OF WINTER4 SPRINGS, 16, ARTICLE III AS AMENDED; PROVIDING SEMINOLE COUNTY, FLORIDA; AMENDING FOR THE REPEAL OF PRIOR INCONSISTENT CHAPTER 20. ZONING, OF THE CODE ORDINANCES AND RESOLUTIONS,SEVERABILITY, OF ORDINANCES; AMENDING THE C-1 INCORPORATION INTO THE CODE; AND AN NEIGHBORHOOD COMMERCIAL DISTRICT EFFECTIVE DATE. TO ADD MORTUARIES AND FUNERAL HOMES AS A CONDITIONAL USE;AMENDING CITY COMMISSION FIRST READING PUBLIC THE C-2 GENERAL COMMERCIAL DISTRICT HEARING WILL BE HELD ON MONDAY, JULY 22, TO ADD MORTUARIES AND FUNERAL 2013 AT 5:15 RM.OR SOON THEREAFTER IN THE HOMES AS A PERMITTED USE; AMENDING a COMMISSION CHAMBERS LOCATED AT WINTER THE CC COMMERCE CENTER DISTRICT r, SPRINGS CITY HALL,1126 EAST STATE ROAD 434, TO ADD CREMATORIES AS A PERMITTED WINTER SPRINGS,FLORIDA USE;. PROVIDING FOR THE REPEAL OF Li CITY COMMISSION SECOND READING PUBLIC PRIOR INCONSISTENT ORDINANCES AND F HEARING WILL BE HELD ON MONDAY,AUGUST 12, RESOLUTIONS, INCORPORATION INTO AN 2013 AT 5:15 P.M.OR SOON THEREAFTER IN THE THE CODE, SEVERABILTIY, AND COMMISSION CHAMBERS LOCATE!) AT WINTER EFFECTIVE DATE. SPRINGS cn-y HALL,1126 EAST STATE ROAD 434, CITY COMMISSION FIRST READING PUBLIC WINTER SPRINGS,FLORIDA HEARING WILL BE HELD ON MONDAY,JULY C 22, 2013 AT 5:15 P.M. OR SOON THEREAFTER a The proposed ordinance may be obtained IN TILE COMMISSION CHAMBERS LOCATED t( by interested parties between 8 are, and AT WINTER SPRINGS CITY HALL, 1126 EAST 5 p.m.,Monday through Friday,from the office STATE ROAD 434,WINTER SPRINGS,FLORIDA ti of the City Clerk, located at 1126 E.SR 434, ± Winter Springs,Florida.For more information, CITY COMMISSION SECOND READING call (407) 327-1800 #227. Persons with PUBLIC HEARING WILL BE HELD ON P - disabilities needing assistance to participate MONDAY, AUGUST 12, 2013 AT 5:15 P.M. OR tc in any of these proceedings should contact SOON. THEREAFTER IN THE COMMISSION is the Employee Relations Department CHAMBERS LOCATED AT WINTER SPRINGS Coordinator, 48 hours in advance of the CITY HALL, 1126 EAST STATE ROAD 434, meeting at (407) 327-1800, #236. This is a WINTER SPRINGS,FLORIDA - public hearing.Interested parties are advised The proposed ordinance may be obtained by interested parties that they may appear at the meeting and be between 8 a.m. and 5 p.m., Monday through Friday, from the n, heard with respect to the proposed ordinance, office of the City Clerk,located at 1126 E.SR 434,Winter Springs, Florida. For more information, call (407) 327-1800#227. Persons D If you decide to appeal any recommendation with disabilities needing assistance to participate in any of these or detision made by the City Comrnission proceedings should contact the Employee Relations Department with respect to any matter considered at Coordinator,48 hours in advance of the meeting at(407)327-1800, __., #236.This is a public hearing.Interested parties are advised that they this rneeting, you will need a record of the . . may appear at the meeting and be heard with respect to the proposed to proceedings,and for such purposes,you may ordinance.If you decide to appeal any recommendation or decision need to ensure that a verbatim record of the made by the City Commission with respect to any matter considered C( proceedings is made upon which the appeal at this meeting,you will need a record of the proceedings,and for ci such purposes,you may need to ensure that a verbatim record of the is based. - is - (4 proceedings is made upon which the appeal based,