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Home My WebLink About2001 07 09 Public Hearings A First Reading - Ordinance 2001-13 Construction and/or Installation of New Gas Station Facilities COMMISSION AGENDA ITEM A Consent Information Public Hearin Re ular x July 9. 2001 Meeting ~ MGR. /Dept. REQUEST: Community Development Department requests the City Commission conduct a public hearing for the first reading and consideration of Ordinance 2001-13, establishing separation requirements for construction and/or installation of new gas station facilities PURPOSE: The purpose of this agenda item is to consider the adoption of Ordinance 2000-13 that would require a 350-foot separation of proposed gas station facilities from existing gas station facilities, residential subdivisions, schools and parks to protect the health, safety and welfare of the residents and businesses of the City, APPLICABLE LAW: The provisions of the City Charter 4, 15(b), which states in part "All ordinances shall be read twice, the second reading of any ordinance shall be by title only and shall follow the first by a minimum often (10) days, provided however, this requirement may be waived by a unanimous vote of all five (5) members of the commission __ . ." CONSIDERATIONS: · The City Commission has expressed concern about the potential for over-concentration of gas station facilities. · The visual character of a community (e,g., the appearance of its streets, neighborhoods, and business areas) is essential to its long-term economic viability, The prevention of an overabundance of gas stations, which can lead to vacant facilities because of excessive competition, is an integral part of improving the visual character and quality of life, · Prevention of undue concentration of gas stations helps communities by preserving and improving community appearance, enhancing quality of life, protecting property values, and encouraging economic development. · An overabundance of gasoline stations in one area presents a high risk of fire, explosion, and traffic congestion to public safety. FINDINGS: I, The City finds it is undesirable to locate too many gasoline stations in one area because typical Florida cities have demonstrated the high probability of failure in this business type because of competition, Failures usually result, in abandoned gas stations, which in most instances can not be used for other commercial purposes. 2. There have been several gasoline station failures within and around the City of Winter Springs, including the old Texaco located on State Road 434, which has been declared a public nuisance; the abandoned Shell gasoline station on State Road 17/92 near Casselberry City Hall; the abandoned gasoline station on the corner of State Road 17/92 and State Road 434; and the abandoned gasoline station on State Road 434 near the 1-4 on-ramp, 3. An overabundance of gasoline stations in one area can cause blight, which can be detrimental to aesthetic and commercial appeal. 4, An overabundance of gasoline stations in one area presents a high risk of fire, explosion, and traffic congestion to nearby and adjacent schools, parks and residential areas, 5. Lighting standards used by gasoline stations often require excessive illumination and can become a nuisance if located too closely to residential and park areas. 6. In June 200 I, staff conducted an evaluation of the impacts of the 350-foot buffer surrounding existing gas stations, residential areas, schools and parks, The study revealed there is more than adequate land available outside of the identified buffer areas and within appropriate future land use designations to accommodate additional gasoline stations. 7. The evaluation of the impacts of the 350-foot buffer was based upon land uses that would either allow gas stations by right or special exception, Those special land use categories include commercial, industrial, greenway interchange and town center, RECOMMENDA TION: Staff recommends the City Commission hold a public hearing for first reading of Ordinance 2000- 13. The ordinance would amend the City's Code of Ordinances, as follows: Code Amendment. Section 20-417 would be created to read as follows: Sec. 20-417 Gasoline Stations (a) For the purposes of this section, a gasoline station shall include any building or structure or parcel of land used for the storage and sale of gasoline or other motor fuels, whether storage and sale is a principal or accessory use on the land. (b) There shall be a minimum air line distance of three hundred fifty (350) feet. measured in a straight line from the nearest points oflot boundaries. between a proposed gasoline station and any existing gasoline station or between a proposed gasoline station and any lot with a future land use designation of residential or any lot on which a school or playground is proposed or exists, (c) There shall be a minimum air line distance of three hundred fifty (350) feet. measured in a straight line from the nearest points of lot boundaries. between a proposed residential lot. school. or playground and any existing gasoline station, ATTACHMENTS: A Ordinance 2000-13 B. Gas Station Spacing Evaluation Map COMMISSION ACTION: \ ATTACHMENT A Sent By: BAOWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-29-01 12:32PMj Page 2/4 ORDINANCE NO. 2001-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, EST ABLISHlNG DISTANCE REQUIREMENTS FOR GASOLINE FILLING STATIONS; PROVlDINC FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, tbis Ordinance is adopted pursuant to the Municipal Home Rule Powers Act and the City's inherent police power to zone property; and WHEREAS, zoning regulations with respect to the erection of filling stations have been upheld to be a valid ex.ercise of the police power; and WHEREAS, the City Commission has reviewed the case Slone v. City of Maitland, 446 F.2d 83 (Sill Cir 1971) and hereby finds that it is undesirable to locate too many gas stations in one area because experiences of Florida cities have shown that the probability of business failure in the saw1ine station business is vet)' high in this competitive area and such failures result in abandoned gas stations which in most instances cannQt be used for any other commercial purposes; and WHEREAS. for examplet the City Commission is aware of the abandoned gasoline station located on State Road 434 in Winter Springs (Texaco), which bas been declared a public nuisance by the City's Code Enforcement Board, the abandoned gasoline station located on State Road 17-92 near the City of Casselberry City Hall, the abandoned gasoline station on the comer of State Road 17-92 and State Road 434t and the abandoned gasoline station near the 1-4 on-ramp on State Road 434; and WHEREAS, the City Commission also finds that too many gasoline stations in one area can cause the area to bec:ome a blighted eyesore which greatly diminishes the area in aesthetic and commercial appeal; and WHEREAS. the enhancement of the aesthetic appeal of the City of Winter Springs is a proper exercise of the police power; and WHEREAS, the City Commission further finds that too many gasoline stations in one area presents a high risk of fire, explosion, and traffic congestion. See City of Boca Raton v. Tradewind Hil/s, 216 So.2d 460 (pIa. 4dl DCA t 969); and City of Winler Spring. Ordinance No,2001-13 Pace 1 of 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun.29.01 12:33PMj Page 3/4 WHEREAS; the City Commission also finds that the lighting standards used by gasoline !dation~ are very iIluminous and can become nuisances jf located too close to residential dcvclopments~ and WHEREAS. based on the findings contained in this Ordinance. it is in the best interests Qf the public health, safety, and welfare of the citizens of the City of Winter Springs to establish the distance requirements contained herein for gasoline stations. NOW, THEREFORE, THE CITY COMMISSION OF THE ClTV OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Seelion 1. Reeitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings of the City Commissi011 of Winter Springs. Section 2. Code Amendment. Section 20-417, City of Winter Springs Code is hereby created to read as follows: (Underlined type indicates additions to the Code.) See. 20-417 Gasoline ~tatiOD5. W For PUlJ)OScs of Ibis section. a Hgasoline station" shan include any building or struct~ 01' p~cel oflap.d used for the storage and sale of gaso1in~ or otb,tJ' motor fuels. whether such storage and sale is a prin~ipal or accessory use on tb~ land. 00 There shall be a Itlinimum ~ir line distance o(three hqndred fifty f3SOl feet, measured in a straight line from the nearest points onat bowdaries. between a p~sed psoline 6tation anst ~ existing aasoline sta~ion or between a prop0se4 gasoline station and any lot zoned r~identilll Qr an)' 101 on which a school or olayground is {n'oposed or exists. W There shall be a minimum air line distance of three hundred fifty (350) feet. me~ured in a strai~t line from the nevest poipts,of lot bQundaries. between a prQPosed residential lot. school. or playground and any existi!ts gasoline station. Sedi.on 3. Repeal olPrior Inconsistent Ordinan~es aDd Resolutions. All ordinanoes and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Ciry of Wimer SpsW,1 Orclinanee No, 2.001.1 :4 Pap20f 3 Sent By: BROWN,WARD.SALZMAN&WEISS,P.A.j 407 425 9596; Jun-29.01 12:34PM; Page 4/4 S~on 4. Severability. Should any section or provision of this Ordinance. or any portion hereof. any paragraph, sentence, or word be declared by a Court of competent jllrisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. S,~tion S. IDtorporatioD Into Code. 'This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or Jetter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of .2001. PAUL PARTYKA, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE CUy Attomey First Reading: Second Reading: Effective Date of Ordinance: F:\DOCS\City of Winter Sprinp\Ordinanccs\Ollsolinc Filling StatinM Ciry 01 Winler Springs Orcli.JwJce No.2001-13 Pag~ 3 of 3 ATTACHMENT B -D /~~ c - 1 ','t\> 7.'0/ A ^ ~~Il-, /.5 ~ "~)I \'\a~~ ~~~, jJ .' ~; ~ l./.... ., ~i!ihtt~' OJ ~_. "'~'?' ~... ~.~ . '.' \ \-.. 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