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Home My WebLink About2023 07 10 Regular 501 - Non-Binding Review Winter Springs Marketplace Corner Lot.pdfREGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | JULY 10, 2023 REGULAR MEETING TITLE Non-Binding Review: Winter Springs Marketplace Corner Lot SUMMARY The applicant intends to present their concept for a convenience store with gas pumps on the corner of SR 434 and Tuskawilla Road in the Town Center District. The use of convenience store with gas pumps is a conditional use in the T5 Transect. The applicant made a similar presentation back in 2021. RECOMMENDATION Staff recommends that the City Commission receive the non-binding presentation from Equinox Development for their proposed development of the corner lot adjacent to the Winter Springs Marketplace. 218 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org 10/11/2021 Christopher Schmidt, CPM Director of Economic and Community Development 1126 E. State Rd. 434 Winter Springs, FL 32708 Nicole Carolan, Esq. General Counsel Equinox Development 630 S. Maitland Ave., Suite 100 Maitland, FL 32751 Re: Applicability of Section 20-418, Winter Springs Code of Ordinances (the “Ordinance”), to Proposed Gas Station on Parcel ID 36-20-502-0000-0070, 1173 E. State Road 434, Winter Springs, FL 32708 (the “Property”) Dear Ms. Carolan, I am in receipt of your letter dated August 17, 2021, in which you have provided your interpretation of the Ordinance as it pertains to your client’s Property. The Ordinance provides as follows: Sec. 20-418. Gasoline stations. (a) For 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 such 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 of lot boundaries, between a proposed gasoline station and any existing gasoline station or between a proposed gasoline station and any lot zoned 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. (d) This section shall not apply to any pending gasoline station application which is "vested" as provided by law, or any gasoline station lawfully existing and operating at the effective date of this section. However, if any such gasoline station shall discontinue or abandon its operations, for at least ninety (90) consecutive days at a property, then this section shall apply to said property. 219 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org As I understand it, your interpretation of the Section is that the required minimum air line distance of 350 feet between gasoline stations does not apply to your Property and the other property located across the street on the southeast corner of State Road 434 and Tuscawilla Road, upon which a Mobil gasoline station currently exists and operates (“Mobil Property”). Specifically, you point to subsection (d) and argue that it provides the entire section, including subsection (b)’s minimum air line distance, does not apply to “any gasoline station” existing as of the effective date of the Ordinance, which was adopted as Ordinance 2001- 13 on July 23, 2001. Because the Mobil gas station existed as of that date, you believe it is exempt from the minimum air line distance and that any property within such minimum distance may be developed as a gas station. Under your interpretation, the Ordinance’s 350-foot buffer would only apply surrounding gas stations newly constructed after July 23, 2001, with the exception of those stations with pending applications that had vested by law at the time of the Ordinance’s passage. Essentially, the minimum distance would only apply between gasoline stations proposed in the future, with a limited exception for vested gasoline station projects. The City does not agree with this interpretation of the Ordinance for several reasons. First, the interpretation proffered would directly conflict with the plain language of subsection (b), which requires a minimum air line distance of 350 feet “between a proposed gasoline station and any existing gasoline station.” The exception in subsection (d) applies only to lawfully existing and operating gasoline stations and not to “proposed” gasoline stations. The only subsections in the Ordinance that address “proposed” gasoline stations are subsections (b) and (c), for which minimum distances apply. Subsection (d) is essentially “grandfathering” those existing gasoline stations operating as of the adoption of the Ordinance, which may have already been located within 350 feet of another existing gasoline station, until such use is or was abandoned. Importantly, subsection (d) does not address “proposed” gasoline stations at all and does not purport to exempt “proposed” gasoline stations from the requirements of the Ordinance. Moreover, the proffered interpretation ignores the purpose and intent of the Ordinance as described in the recitals of the Ordinance itself. Specifically, the third recital provides: “[T]he City Commission has reviewed the case Stone v. City of Maitland, 446 F.2d 83 (5th 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 gasoline station business is very high in this competitive area and such failures result in abandoned gas stations which in most instances cannot be used for any other commercial purposes.” In the fifth recital, the City Commission also found that “too many gasoline stations in one area can cause the area to become a blighted eyesore which greatly diminishes the area in aesthetic and commercial appeal.” In the seventh recital, the City Commission further found that “too many gasoline stations in one area presents a high risk of fire, explosion, and traffic congestion.” If the proffered interpretation of the Ordinance were correct, the City Commission’s purpose in preventing the accumulation of abandoned gas stations, blighted eyesores, and increased traffic congestion and risk of fire and explosions would be frustrated. The City would be unable to control the clustered development of gasoline stations around any gas station that existed at the time of the Ordinance’s passage, which is clearly what the Ordinance was designed to prevent. 220 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org The Agenda Item addressed to the City Commission prior to the passage of Ordinance 2001-13 specifically indicates the intent to impose a 350-foot buffer around the gas stations existing at the time. It states: “In June 2001, 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. 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.” Accordingly, staff clearly intended that the 350-foot buffer would apply surrounding those gas stations existing at the time of the Ordinance’s adoption. Staff conducted an evaluation and concluded that available appropriately zoned land would allow for continued development of gas stations outside of the 350-foot buffer areas surrounding existing gasoline stations. This Agenda Item also included a map, depicting the 350-foot buffers that would be established by adoption of the Ordinance, and included a buffer encompassing your client’s Property. It should also be noted that subsection (d) was added to the Ordinance after first reading and prior to second reading to address “vested rights.” More to the point, the map that was included with the Agenda Item, including the 350-foot buffer drawn around your client’s Property, did not change upon second reading, despite the addition of subsection (d). Accordingly, the legislative record for Ordinance 2001- 13 does not support the interpretation that a 350-foot buffer does not apply to those gas stations existing as of July 23, 2001. To the contrary, the buffers were drawn around such stations, including the station on the Mobil Property. The clear intent of this Ordinance is to ensure a minimum 350-foot distance between “a proposed gasoline station and any existing gas station” as provided in subsection (b). As it cannot be contested that the Mobil Property upon which the Mobil gas station currently operates is located within 350 feet of your client’s Property, a gas station use is a currently prohibited use for the Property. My interpretation of Ordinance 20-418 is final unless appealed pursuant to Section 20-35 of the City Code. Please let me know if you have any additional questions. Regards, Christopher Schmidt, CPM 221 ROBERTSFAMILYLANETUSKA WILLA ROAD N A T U R E S W A Y SOLARISWHARFSTREET 266.72'103.50'44.85'244.26'86.14'218.89'BLDG. A 4,280 SF BLDG.B2,325SFBLDG. E 10,000 SF BLDG. F 19,209 SFBLDG. D 19,200 SF PICK UP PROPOSED BUILDING 4,736 SF 1,900 SF E46'40'Subject Site WINTER SPRINGS MARKETPLACE SITE PLAN 222 WINTER SPRINGS MARKETPLACE CONCEPT PLAN 223