HomeMy WebLinkAbout2025 04 28 Publis Hearing 400 - Ordinance 2025-09: Town Center Corner Store with GasPUBLIC HEARINGS AGENDA ITEM 400
CITY COMMISSION AGENDA | APRIL 28, 2025 REGULAR MEETING
TITLE
Ordinance 2025-09: Town Center Corner Store with Gas
SUMMARY
Staff has worked with the City Attorney’s Office to draft proposed changes to Chapter
20, Zoning, to provide for consideration of a corner neighborhood convenience store
with a limited number of gas pumps in the Town Center District.
The City Attorney’s Office drafted the proposed changes to Chapter 20 of the City
Code. On April 3, 2025, the Planning and Zoning Board conducted a public hearing
and recommended approval of Ordinance 2025-09; with the condition of removal of
key language referencing and detailing convenience store features and offerings.
However, Staff recommends that the language remain in the proposed ordinance
because the proposed very limited exception to the gas station distance requirement
set forth in Section 20-418 of the City Code is limited to the center of the Town Center
and the language is intended to emphasize that while a limited number of fueling
stations would be allowed, the predominant use must be a traditional neighborhood
convenience store with multiple customer product offerings in keeping with the
purpose and context of the Town Center. The language defines a use that is more a
corner market and cafe that provides daily utility, local character, and community
connection which are key pillars of a neotraditional Town Center. If the language is
removed as suggested by the P&Z Board, the City could potentially attract
development proposals that resemble a pit stop rather than a neighborhood
convenience store. The language helps mitigate against negative unintended
consequences of providing a very limited exception to Section 20-418.
Staff is recommending that the City Commission hold a Public Hearing for first reading
and recommend approval of Ordinance 2025-09.
FUNDING SOURCE
RECOMMENDATION
Staff recommends that the City Commission hold a Public Hearing for first reading and
recommend approval of Ordinance 2025-09.
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City of Winter Springs
Ordinance No. 2025-09
Page 1 of 3
ORDINANCE NO. 2025-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING SECTION 20-323 PERMITTED
USES IN THE TOWN CENTER DISTRICT CODE
REGARDING CORNER STORES OR NEIGHBORHOOD
CONVENIENCE STORES WITH GAS PUMPS ON
PROPERTIES WITH A T-5 TRANSECT DESIGNATION;
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 the City’s inherent police power to establish zoning regulations within the jurisdictional
limits of the City of Winter Springs; and
WHEREAS, the Section 20-323 establishes the list of allowed uses within the Town
Center District and a corner store or neighborhood convenience store without gas pumps is
currently a permitted use on properties with a T3, T4 and T5 transect designation and a corner
store or neighborhood convenience store with gas pumps is currently allowed by conditional use
on properties with a T5 transect designation; and
WHEREAS, however, since the adoption of Ordinance No. 2001-13, the City Commission
has determined that it is necessary for the City to establish zoning distance requirements for
gasoline stations as more specifically set forth in Section 20-418 of the Winter Springs City Code;
and
WHEREAS, the City Commission finds that modern trends in neighborhood corner
convenience stores have evolved significantly to meet changing consumer preferences and such
stores have become convenience hubs for enhanced and expanded grocery and retail offerings;
alcohol, coffee and other beverages; prepared food services and seating; and fueling; and
WHEREAS, the City Commission finds that the current application of Section 20-418
restricts its ability to consider a corner neighborhood convenience store with gas pumps in the
Town Center and has determined that a revision is necessary to allow the Commission to
potentially consider a request for such a corner neighborhood store in the future; and
WHEREAS, the City’s Land Planning Agency conducted a public hearing to consider this
Ordinance on ____________,2025, and after receiving testimony and evidence and deliberating
about the merits of the Ordinance, made a recommendation to the City Commission; and
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City of Winter Springs
Ordinance No. 2025-09
Page 2 of 3
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,
Section 20-323, is hereby amended as follows (underlined type indicates additions and strikeout
type indicates deletions), while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Section 20-323 including the table of listed uses. It is intended that the text in Section
20-323 including the table of listed uses denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
Sec. 20-323. Permitted uses.
T1 T2 T3 T4 T5 C/P
* * * * * *
Corner store or neighborhood
convenience store without gas
pumps
P P P
Corner store or neighborhood
convenience store with gas
pumps
CU(1)
* * * * * * *
(1) Notwithstanding Section 20-418 of the City Code regarding gasoline stations, a conditional use may be
approved by the City Commission for an expanded neighborhood convenience store. The store must be between
4,000 to 5,000 square feet and primarily offer traditional convenience store items, including dairy, bakery, tobacco,
beverages, grocery, health and beauty aids, newspapers and magazines, lottery sales as may be approved by the
State, and confectionery. Additionally, it must feature expanded grocery products, fresh fruits and vegetables,
significant fast or prepared food operations and seating, coffee bars or kiosks, and gasoline sales with no more than
twelve (12) fueling positions. The store must also be located at the corner of an arterial road intersection.
P—Permitted by right.
CU—Conditional use.
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
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City of Winter Springs
Ordinance No. 2025-09
Page 3 of 3
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 _____ day of ______________, 2025.
____________________________________
KEVIN McCANN, Mayor
ATTEST:
_____________________________________
CHRISTIAN GOWAN, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
_____________________________________
ANTHONY A. GARGANESE
City Attorney
1st Legal Ad Published:________________
First Reading: ________________
2nd Legal Ad Published: ________________
Effective Date: ________________
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