Loading...
HomeMy WebLinkAboutOrdinance 2001-13 Gasoline Filling Stations ORDINANCE NO. 2001-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING DISTANCE REQUIREMENTS FOR GASOLINE FILLING STATIONS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this 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 exercise of the police power; and WHEREAS, the 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; and WHEREAS, for example, the City Commission is aware ofthe abandoned gasoline station located on State Road 434 in Winter Springs (Texaco), which has 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 434, 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 become 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 Hills, 216 So.2d 460 (Fla. 4th DCA 1969); and City of Winter Springs Ordinance No.2001-13 Page I of 3 WHEREAS, the City Commission also finds that the lighting standards used by gasoline stations are very illuminous and can become nuisances if located too close to residential developments; and WHEREAS, based on the findings contained in this Ordinance, it is in the best interests of 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 CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings of the City Commission 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.) Sec. 20-417 Gasoline Stations. (a) For purposes of this section, a "gasoline station" shall include any building or structure or parcel ofland 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 ofthree 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 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. City of Winter Springs Ordinance No.2001-13 Page 2 of 3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 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 jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5. 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. 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 23rd day of July , 2001. Paul P. 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 First Reading: July 9, 2001 Second Reading: July 23, 2001 Effective Date of Ordinance: July 23, 2001 F:\DOCS\City of Winter Springs\Ordinances\Gasoline Station jpb.jd City of Winter Springs Ordinance No.2001-13 Page 3 of 3 Orlando Sentinel Published Daily State of Florida 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared DEBORAH TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a NOTICE Of PROPOSE in the matter of ORD 2001-13 in the SEMINOLE Court was published in said newspaper in the issue; of 07/13/01, Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS , in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Deborah Toney The foregoing instrument was acknowledged before me this 13th day of July, 2001, by Deborah Toney who is personally known to me and who did take an oath. Beverly C. Simmons (SEAL) NOTICE OF PROPOSED CHANGES TO CHAPTER 20 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIV. EN THAT THE CITY COM. MISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEAR. ING FOR THE SECOND READING ON PROPOSED ORDINANCE 2001.13 TO CONSIDER AMEND. MENTS TO CHAPTER 20 OF THE CITY CODE RE. LATING TO ZONING REG. ULATIONS. A PUBLIC HEARING ON THE PROPOSED ORDI. NANCE AMMENDMENT WILL BE HELD ON JULY 23, 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ES. TABLISHING DISTANCE: REQUIREMENTS FOR GASOLINE FILLING STA. TIONS; PROVIDING FOR REPEAL OF PRIOR IN. CONSISTENT ORDINANC. ES AND RESOLUTIONS; PROVIDING FOR SEVER. ABILITY; PROVIDING FOR INCORPORATION IN. TO THE CODE; AND PRO. VIDING FOR AN EFFEC. TIVE DATE. A PUBLIC HEARING ON THE SECOND READING OF PROPOSED ORDI. NANCE 2001.13 WILL TAKE PLACE AT THE CITY COMMISSION CHAM. BERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. ADDITIONAL INFORMATION PERTAIN. ING TO THE ABOVE MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327.1800,EXT. # 227. INTERESTED PERSONS MAY ATTEND AND BE HEARD. PERSONS WITH DISABILI. TIES NEEDING ASSIS. TANCE TO PARTICIPATE IN ANY OF THESE PRO. CEEDINGS SHOULD CON. TACT THE EMPLOYEE RELATIONS DEPART. MENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327.1800. THIS IS A PUBLIC HEAR. ING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COM. MISSION WITH RESPECT TO ANY MATTER CON. SIDERED AT THIS MEET. lNG, YOU WILL NEED A RECORD OF THE PRO. CEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RE. CORD OF THEPROCEE- INGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO.LUANCES CITY CLERK CSE3988791 JUL Y 13,2001