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HomeMy WebLinkAbout2017 08 14 Public Hearings 401 Ordinance 2017-11, Second Reading, Automotive Storage in C-2 Zoning DistrictCOMMISSION AGENDA ITEM 401 REQUEST: Informational Consent Public Hearings X Regular August 14, 2017 KS BF Regular Meeting City Manager Department The Community Development Department requests the City Commission hold a Public Hearing to consider the Second Reading of Ordinance 2017 -11, updating the list of permitted uses in the C -2 zoning district to include storage of untagged vehicles associated with an automotive sales dealership. SYNOPSIS: Ordinance 2017 -11 amends Section 20 -252 and 20 -256 of the City Code to allow the storage of untagged vehicles associated with an automotive sales dealership as a permitted use in the C -2 General Commercial Zoning District. CONSIDERATIONS: The C -2 General Commercial Zoning District currently allows automotive sales as a permitted use. The storage of untagged vehicles is not specifically listed as a permitted use in the C -2 Zoning District, or any other zoning district in the City. Ordinance 2017 -11 (Exhibit A enclosed) amends Section 20 -252 and 20 -256 of the City Code to allow the storage of untagged vehicles associated with an automotive sales dealership as a permitted use in the C -2 General Commercial Zoning District. . Under Ordinance 2017 -11, properties used for the storage of untagged vehicles must be located adjacent to a state arterial road and within two (2) miles of the associated automotive dealership property. The associated dealership property is not required to be located within the City of Winter Springs. Public Hearings 401 PAGE 1 OF 3 - August 14, 2017 . Ordinance 2017 -11 also requires vehicular storage visible from residential property to screened by an 8 -foot screen wall. Landscape buffers are required where vehicular storage is visible from arterial roadways. If passed, Ordinance 2017 -11 will initially apply to the Bill Ray Nissan property in the City, located at 3350 State Road 419 in the C -2 Zoning District. Bill Ray Nissan purchased the 4.5 -acre property in 2015 and is currently using the land for storage of untagged vehicles. Bill Ray Nissan currently operates an automotive sales dealership located at 2724 US 17 -92 in Longwood, which is approximately 1.2 miles away from the storage property at 3350 State Road 419. Exhibit C enclosed shows the proposed Bill Ray Nissan site plan at 3350 State Road 419. The site plan includes an 8 -foot masonry wall along the Shepard Road side, which will replace an existing 6 -foot wood fence. The area between the 8 -foot masonry wall and the existing sidewalk along Shepard Road is to be landscaped. The site plan also shows the required landscape buffer along the State Road 419 frontage. The Planning & Zoning Board held a public hearing on June 21, 2017 for this Ordinance and recommended City Commission approval. The City Commission held a Public Hearing on July 10, 2017 for First Reading of this Ordinance. No changes have been made since First Reading. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Winter Springs Code of Ordinances, Chapter 20, Division 8 City of Winter Springs Comprehensive Plan Florida Statutes 163.2511- 163.3246 (land development regulations must be consistent with the Comprehensive Plan) Florida Statute 166.041 Procedures for adoption of ordinances and resolutions Winter Springs Charter Article IV Governing Body. Section 4.06 General power and duties Section 4.15 Ordinances in General FISCAL IMPACT: Ordinance 2017 -11 has no direct fiscal impact but does provide an additional permitted use for properties in the C -2 zoning district meeting the conditions described in the Ordinance. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff Public Hearings 401 PAGE 2 OF 3 - August 14, 2017 is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve the Second Reading of Ordinance No. 2017 -11 for final adoption. ATTACHMENTS: 1. Exhibit A - Ordinance 2017 -11 (7 pages) 2. Exhibit B - Legal Advertisement (2 pages) 3. Exhibit C - Site Plan (1 page) Public Hearings 401 PAGE 3 OF 3 - August 14, 2017 EXHIBIT A ORDINANCE NO. 2017 -11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING SECTIONS 20 -252 AND 20 -256 OF THE WINTER SPRINGS CITY CODE; PROVIDING FOR VEHICULAR STORAGE OF UNTAGGED VEHICLES ASSOCIATED WITH AN AUTOMOTIVE SALES DEALERSHIP AS A PERMITTED USE IN THE C -2 GENERAL COMMERCIAL DISTRICT; 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 Commission desires to establish a new permitted use within the C- 2 General Commercial district; and WHEREAS, the Winter Springs City Code, Section 20 -252, currently allows for automotive sales as a permitted use in the C -2 General Commercial district; and WHEREAS, automotive sales dealerships may require the use of property to store untagged vehicle inventory awaiting sale; and WHEREAS, the City Commission finds that it is compatible with the already - permitted automotive sales use to allow for such storage on property that is located on a state arterial road and within two miles of the associated automotive sales dealership; 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, is hereby amended as follows (underlined type indicates additions and st+ikee type City of Winter Springs Ordinance No. 2017 -11 Page 1 of 7 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 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: (1) Any permitted use allowed in C -1 Neighborhood Commercial Districts; (2) Automotive sales or vehicular storage of untagged vehicles associated with an automotive sales dealership. The property used for vehicular storage of untagged vehicles must be located adjacent to a state arterial road and within two (2) miles of the associated automotive sales dealership property, measured in a straight line from the nearest points of the respective lot boundaries. Vehicular storage visible from residential property uses shall be screened by an eight (8) foot screen wall made of brick, block, or other durable material. Landscape buffers shall be provided where vehicular storage is visible from arterial roadways; (3) Automotive renting and leasing; (4) Automotive tires; (5) Baker, wholesale; (6) Boat sales; (7) Building and plumbing supplies; (8) Bus terminal; (9) Cold storage and frozen food lockers; (10) Convenience markets and stores; (11) Cultural institutions (such as museums and art galleries; (12) Feed stores; (13) Offices, professional and business; (14) Gas, bottled; (15) Grocers, wholesale; (16) Ice, wholesale; (17) Industrial trade, professional and vocational schools, not involving operations of an industrial nature; City of Winter Springs Ordinance No. 2017 -11 Page 2 of 7 (18) Full- service gas stations, as an accessory use to a convenience store and satisfying any distance requirement established by City Code; (19) Veterinarian and accessory kennels; (20) Laboratories for testing materials and chemical analysis of a nonindustrial nature; (21) Lumber and building supplies in an enclosed building or structure; (22) Mobile home sales; (23) Movers; (24) Nurseries, plants, trees; wholesale; (25) Home and general commercial Pest control (exterminating) of a nonindustrial nature; (26) Printers, commercial; (27) Public and government services; (28) Recreational vehicles; (29) Swimming pool contractors, equipment storage; (30) Taxicabs; (31) Wholesale meat and produce distributors. (32) Automotive /boat/manufactured 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 no outdoor storage of any kind; (33) Radio and television studios and offices. (34) Outdoor storage facility specifically designed for the parking and storage of vehicles, equipment, goods and materials, provided said storage occurs on real property located adjacent to a state collector road and within and adjacent to an electric transmission line right -of -way /easement, and railroad track right -of -way /easement. Said facility shall be subject to the supplemental regulations set forth in section 20 -256. (35) A single warehouse building not to exceed twenty -seven thousand (27,000) square feet and twenty -five (25) feet in height, provided the warehouse building is located adjacent to a functional railroad line and used in conjunction, in whole or in part, with the storage of products that are unloaded from railroad lines for wholesale or retail sale. No outdoor storage of products and materials shall be permitted unless expressly authorized by City Code. Said warehouse shall be subject to the supplemental regulations set forth in section 20 -256. (36) Mortuaries and funeral homes. Sec. 20 -256. - Supplemental outdoor storage and warehousing requirements. In addition to other applicable provisions of the City Code and other requirements imposed by the city in accordance with the city's development review process (including site plan review), open storage uses under this division, except as provided in section 20- 252(2), shall also be subject to the following requirements: City of Winter Springs Ordinance No. 2017 -11 Page 3 of 7 (1) Outdoor storage shall be screened from streets by a ten (10) foot decorative masonry wall with any gates being opaque. Any automobile, boat, boat trailer, watercraft, motor home, travel trailer, equine trailer, recreational vehicle, and other vehicle and equipment, materials and goods stored under this division shall not be visible from any public collector road. In order to prevent visibility from public streets, the following minimum standards shall apply. (i) no vehicle, equipment, goods, or materials in excess of ten (10) feet in height shall be stored along or adjacent to the ten (10) foot decorative masonry wall; and (ii) no vehicle, equipment, goods or materials shall be stored on the real property in excess of thirteen and one -half (13/2) feet in height. (2) The following vehicles and equipment may be stored on the property; a. Any vehicle permitted within a residential zoning category as more specifically provided in section 20 -434. b. No more than twelve (12) spaces shall be allowed for over the road type semi tractors and /or tractor trailers designed with fifty wheel attachment components, loaded or unloaded, attached together or unattached, in any of the twelve (12) spaces. No more than one (1) attached or unattached over the road semi tractor /trailer unit shall be allowed in any one (1) space. c. Boats, boat trailers, water craft, residential vehicles, motor homes, travel trailers and equine trailers. d. Take home "on call" repair and service vehicles that are operated by persons off duty, but in an "on call" work status for responding to emergencies. e. Vintage, classic or other vehicles which are awaiting or undergoing restoration provided that the restoration work is not performed on the property, the vehicle is fully in tact, and the vehicle is not stored for a period of more than one (1) year. f. Service vehicles and equipment which are necessary for the operation and maintenance of the uses expressly authorized on the property by City Code. g. Construction vehicles and equipment stored on a trailer, provided the construction vehicle and equipment do not violate the express prohibitions in subsection (3). h. No more than six (6) spaces shall be allowed for dump trucks and dump truck trailer units designed with spindle hitch type attachment components, loaded or unloaded, attached together or unattached, in any of the six (6) spaces. No more than one (1) attached or unattached unit shall be allowed in any one (1) space. Unlimited dual wheel single axle truck/trailer units not exceeding twenty -six thousand (26,000) gross vehicle weight (G.V.W.). (3) Unless otherwise expressly authorized in subsection (2), the storage of all other vehicles and equipment shall be prohibited. Without limiting the aforementioned prohibition, the storage of the following vehicles are expressly prohibited: City of Winter Springs Ordinance No. 2017 -11 Page 4 of 7 a. More than twelve (12) over the road semi tractor /trailer units as described in subsection 2.b. b. Any vehicle that exceeds thirteen and one -half (13/2) feet in height, inclusive of any equipment, vehicles, cargo, or materials stored on top of the vehicle. c. Any vehicle requiring a special permit from the Florida Department of Transportation. d. Any wrecked vehicles, vehicles being stripped for parts, or vehicles awaiting salvage or recycling. e. Any vehicle functionally inoperable other than vehicles in the process of being restored as provided herein. f. Except as provided herein, heavy construction vehicles and equipment including, but not limited to, dump trucks, motor graders, bulldozers, front end loaders, cranes, derricks, and other earth and material excavating, hauling, grading, and lifting equipment over twenty -six (26,000) pounds of gross weight. g. More than six (6) dump truck/trailer units as described in subsection 2.h. (4) Bulk storage of flammable /hazardous materials shall be prohibited. (5) Warehouse buildings used in conjunction with the use authorized under section 20- 252(34) may be constructed up to the railroad right -of -way boundary provided said construction is permitted by the railroad company. (6) On -site light, minor maintenance and cleaning of any vehicle permitted by this division is allowed. However, the following shall be strictly prohibited: refueling, oil and engine fluid changes, major restoration, part salvage, major part replacement, engine repair, transmission repair, body repair, and other heavy and major repairs. (7) Indoor and outdoor storage facilities for vehicles permitted under this division shall be open to the general public for a space rental fee. (8) Storage of junk is strictly prohibited. (9) Vehicles permitted under this division shall not be used as living quarters. (10) Not more than a total of five (5) cargo or shipping containers shall be stored at any one time on the property. (11) Cargo transfer operations are strictly prohibited except to transfer goods and materials to and from a warehouse building authorized under this division. (12) Trucking terminal operations are strictly prohibited except to transfer goods and materials to and from a warehouse building authorized under this division. (13) Twenty- four -hour security personnel and /or security equipment shall be provided to provide reasonable protection of buildings located, and vehicles, equipment, goods and materials stored, on the property. City of Winter Springs Ordinance No. 2017 -11 Page 5 of 7 (14) The property shall not be used for fleet parking of commercial vehicles nor shall the property be used as a centralized parking facility or staging area for construction vehicles and equipment. (15)Parking surfaces on the property shall be improved to meet City paving and drainage codes. However, R.A.P parking improvements shall be permitted in storage areas provided that the main drive aisles are paved with asphalt or concrete. 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of July, 2017. ATTEST: ANDREA LORENZO- LUACES City Clerk CHARLES LACEY, Mayor City of Winter Springs Ordinance No. 2017 -11 Page 6 of 7 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2017 -11 Page 7 of 7 City Of Winter Springs - Notice Of Public Hearing EXHIBIT B Page I of 2 Home Advertisers A-Z Email Alert Signup Return to Orlando Sentinel P Home City Of Winter Springs Arn/ANir cr Aixci^ (-Aty 0f Miter Save j..1.ii it View �eywoird(s) ..... ............................................ Select a Category VII Today V OAny *AU (DNn'se GO! (Jse, an asteirisk (') afteir any word to Search Pkarals Adoption Natices Adveftisernents Fw bids 1.1 Sentinel Legals [.1-rip1ayi-nent Fictitious Narnes Legal Display 8, Miscellaneous Display Miscellaneous, Adralptions 8, Othei Natice &Adrninist[atian, Pr abate, Notices to cm.ditms Natice of Faffeitum, Public Healing Notices Sale Notices Suit Notices fax Deed Applications • NOTICE IS H�EREBiY GIVEN THAT 'THE CITY COMMISSION PROPOSES TO CONSIDER THE FOLLOWIVG: CITY COMMISSION SECOND READING PUjBLIC HEARING WILL BE HELD ON MONDAY, AUGUST 14,2017 Moto] k1i 1 171161VI Lei i E44 i Fil i I i &*W-A 9:4 2*116,71-1 1104T.-I http://www.floridalegals.net/orlando-sentinel-fl/view/city-of-winter-springs/notice-of-public... 8/3/2017 City Of Winter Springs - Notice Of Public Hearing Said ordinance may be inspected by the pt,jbfic at the City Clerk's Office, located at 1126 E. SIR 434, Winter Springs, Florida, jprior to the PILAAC hearings, Interested mernbeis of the p�jblic rnay appear at the ptibtic hearings and be heard with respect to the proposed otdinances- The Local Planning Agency and City Cornrnissk-)n reserve the, right to, confim,ie or postpone hearings to a d,at(:.:, ceirtain withotit re -advertising. Any per,on who de6des to appeal any de6sron of the City Commiriot) with respect to any rriatter considered at these meetings will need a record of the proceedings and, for si.uch parposes, may need to enSUre that a verbatim record Of the pmceedings is mader which record inchides the testir'norry and evidence, t.ipon which the appeal is based. SPECIIAL ACCOMMODATIONS: Persons with, disabititi,es needlrig specrat accorrinro elation s to participate in this pmceeding shoLxId contact the Emp oyee Relations Department Coordinator at (407) 327-1800 x236 no later than 48 how's prlor to the procreeding for assn lance. Notice Of Public Hearing Current Advertisements 1. 08/03City Of Winter SpringsNotice Of Public Hearing 11 gSaverI L2 Page 2 of 2 http://www.floridalegals.net/orlando-sentinel-fl/view/city-of-winter-springs/notice-of-public... 8/3/2017 m x m� O z z c� Ti Ti 0 u) mD I m n ITO D D Y$$ ASE AL FFNCF WALLEX STRING WOODEN FENCE TO BE REPLACED WITH NEW B' MASONRY } 5 a i T-I FAT RFF A111 CONDITIONAL USE SITE PLAN EXHIBIT C VACANT INDUSTRIAL LAND yLaA,wvi�xFUrnrto A, o g PnAEMENT AR—INT 111T FICIALL i ON) LEGAL DESCRIPTION ADDITIONAL CANOPY TREES TO BE PLANTED ALL TRA PART OF TRACTS 1, 2, AND 3 OVIEDO FARMS , ACCORDING TO TO PROVIDE VISUAL BUFFER FR SR 419 TIE PLOT TFIE EOF AS RECOR ED PL T BOOU 6. AGE 36, OF TIE WHERE THERE ARE WEN GAPS BETMEEN TERLY OF THE OLE C EXISTING TREES EXISTING WEST RIGHT- OF -GAV LINE FOR STATE ROAD 419, LAND USE AND ZONING \ EXISTING CONING C -2. GENERAL COMMERCIAL RALEIGH 9 LIVE DAMS TYP. �CIIST TREE Mryss \ H\ ID NIBUR "DMS rm. DEVELOPMENT DATA 4a � TOTAL SITE AREA 444 ACRES EXISTING BUILDING AREA 2.935 SF (ONE -STORY FOOT PRINT) INH FFNCF O EXILING PPVEMENT AREA. 77,935 SF SF (41.81 �PA� EAALANC AMPERmous AREn 80,87, aaAEMENT AT IS \ EXISTING PERVIOUS AREA 11235 9F (5A19`� f IN D N \ 'o N G PROPOSED IMPROVEMENT Y 1) REPLACE I IMPR 15TING _ i + i ND ADDITIONAL 2C ALONG TIE NORTHERN AND SOUTHERN PROPERTY LINES. El NEW SMALL 1REE5 iD BE ANTED TO fWN + a \ \ WHERE D T PROVIDE NS MISSING, ND DLO E PURL TREES S DETOMESED E9 MAI BE VISUAL SCREENING OF EXIS ING PA ED AREA s; \ USED DFAR OTHES PURPOSERFRO 14 GO RREPLACEMENHWHREE NSHALL 4BE \ ,\ PEOV ED \ REPLACEMENT TREE CREDIT CALCULATIONS. \ 11 LIVE OAK IT. (2 CREDITS / TREE) - 22 CREDIT S rXls,. N' anvFMFrvT ao-�F �o \ \ T N D Y 0 BE PH TE APP X MATEL 40 TO 50' 0 CENTER 2 9 TEES TO BE ALONG R 419 TIE REMAIN e rxls. dplvFwnv _ \ � USED TO TREES MAY BE USED TO FILL TREE LINE GPPS AT NO E SIEPPARD ROAD. ------------------------------- ___ •. ,CENTER . [i[mwle 46 SWEET VIBURNUM: 15 GAL- 5 MIN. HT. (2 CREDITS / TREE) - 92 CREDITS TO BE PLANTED AlP101 MATEL' 40 TREES TO RE LaraHED ALONG H II TNG FENC A PAVED A BEING AREA ALONG SR419, E REMAINING 6 TREE D LOC S BY OWNER AI S WILL BE PLANTED D AT SELECTED HON { EXISTING RETENTION AREA TOTAL REPLACEMENT TRE CREDITS - 114 CREDITS_ \MpNHHA _s -SIDE _s_encr_�nE ____________________________ _ _ -_- ^,) 4 %REIE MPPROSSDANDZUNTIILV THEN BEOVE L STLI PTI E EATS ____ ________ i— •--- -- _ sse,a - - -- CONSERVATION AREA w�a 7� L •d O. Cw yo • m ^ z J Z ` W V1 rj) J W Z 7 O Ir 0) - J J oH, -mFRa) MPHF NR3 .- ...�... Lozy M°e LAI'LCNA SP -1