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Home My WebLink AboutOrdinance 2015-15 Remove Multi-Family Uses from C1, C2, C3 Zoning Districts ORDINANCE NO. 2015-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE LIST OF PERMITTED, CONDITIONAL AND PROHIBITTED USES IN THE C-1 NEIGHBORHOOD COMMERCIAL, C-2 GENERAL COMMERCIAL, AND C-3 HIGHWAY 17-92 COMMERCIAL ZONING DISTRICTS TO REMOVE MULTI-FAMILY RESIDENTIAL AS A CONDITIONAL 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 Community Development Department has performed a review of the City's zoning districts related to enhancing the City's ability to diversify its tax base by increasing the possibility of bringing future commercial development to the City that will create local jobs for the City's local economy; and WHEREAS, the City Commission hereby finds that the diversification of the City's tax base is vital to the future economic well-being of the City and the City's tax base and that additional commercial development within the City is necessary to diversify the City's tax base which is currently predominantly residential; and WHEREAS, the City Commission finds that there is a limited amount of land and opportunities available for commercial development remaining in the City and as such, the City Commission desires to maximize the potential for commercial development on this land; and WHEREAS,the Local Planning Agency/Planning& Zoning Board of the City of Winter Springs held a duly noticed public hearing on August 12, 2015, in accordance with the procedures in the Community Planning Act, on the proposed zoning amendment set forth in this Ordinance and considered applicable data and analysis and the findings and advice of staff, citizens, and all interested parties submitting written and oral comments; and WHEREAS, the Local Planning Agency recommended the City Commission adopt the zoning text amendment set forth in this Ordinance; and WHEREAS,the City Commission also hereby finds that this Ordinance serves the City's City of Winter Springs Ordinance No.2015-15 Page 1 of 5 legitimate government interests of providing compatible and variable land uses within the City's zoning regulations that potentially diversify the City's economy and tax base; 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, Sections 20-234, 20-254, and 20-346.3 are hereby amended as follows (underlined type indicates additions and suilceettt 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. (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), excluding public recreational areas and facilities which shall be permitted under section 20-232(81); (2) Animal hospitals and veterinary clinics with outside kennels; (3) Car wash; (4) Convenience markets and stores and self-service gasoline sales; (5) Multiple family r-esidentialwith a maximum a4lowable density no gr-eatef than that a4lowed spaces for-eaeh tmit-p=eyided within enelased ga age City of Winter Springs Ordinance No.2015-15 Page 2 of 5 (6 5) Mortuaries and funeral homes. (7-6) Schools. (8.2) Daycare centers. (8) A multiple-family residential use that was lawfully approved and permitted as a conditional use by the City prior to the effective date of Ord. No. 2015-15 [January 25,20161 shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the City when said use was previously permitted. Division 8.—C-2 General Commercial District Sec.20-254.- 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) Automotive/boat/manufactured home major service and major repair establishments (including body repairs and painting and similar heavy type uses); (3) Car wash; (4) Halfway houses, group homes, and similar uses; (5) Multiple family residential with a ffla*imum a4lewable density no gFeater-than that allowed tmder-a Medium Density Residential fiAwe land use designation and with at least two (2)pafkiag spaees m shunt provided within-an-enelesed gafage;- (6 5) Small-scale cabinet makers, furniture assembly, and woodworking shops (not to exceed 2,500 sq. ft.); (-7 0 Small-scale clothing manufacturing(not to exceed 2,500 sq. ft.); (8.7) Schools;, (8) A multiple-family residential use that was lawfully approved and permitted as a conditional use by the City prior to the effective date of Ord. No. 2015-15 [January 25, 20161 shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the City when said use was previously permitted. Division 15.—C-3 Highway 17-92 Commercial District City of Winter Springs Ordinance No.2015-15 Page 3 of 5 Sec. 20-346.3. - Conditional uses. (1) Automotive/boat/manufactured home major service and major 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) Moltiple family r-esidevAialwith a maxia+Hm allawable density ne greater-than that allow tmdef a High Density Resideatiall 1�4_t_w___e use desipmioa and with at least two (2) par-king spaees f eaeh unit p idea. (6 5) Outside storage if screened from streets and adjacent properties by an eight-foot masonry wall with any gates being opaque; (7 6) Pawn shops; (8.7) Retail commercial and commercial outlets exceeding fifty thousand (50,000) sq. ft.; (9 8_) Seasonal or temporary outdoor display and/or sales (such as Christmas tree lots, etc.); (4-02) Daycare centers; (44 10)Schools. (11) A multiple-family residential use that was lawfullapproved and permitted as a conditional use by the City prior to the effective date of Ord.No. 2015-15 [January 25, 20161 shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the City when said use was previously permitted. 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. City of Winter Springs Ordinance No. 2015-15 Page 4 of 5 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 25th day of January, 201 CHA ES LACE o ATTEST: REA LORE NZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR TH ITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Legal Advertisement: July 30, 2015 First Reading: August 24, 2015 Second Legal Advertisement: January 14, 2016 Effective Date: January 25, 2016 City of Winter Springs Ordinance No.2015-15 Page 5 of 5