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HomeMy WebLinkAbout2001 07 23 Public Hearings A Second Reading - Ordinance 2001-13 Construction and/or Installation of New Gas Station Facilities COMMISSION AGENDA ITEM A Consent Information Public Hearin X Re ular July 23. 2001 Meeting \V MGR. leA REQUEST: Community Development Department requests the City Commission conduct a public hearing for the second reading and consideration of Ordinance 2001-13, establishing separation requirements for construction and/or installation of new gas station facilities as amended to include vested rights. NOTE: The City Attorney will make the amended Ordinance available at the July 23, 2001 meeting. 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 of ten (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. July 23, 2001 PUBLIC HEARING AGENDA ITEM A Page 2 . 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. · At its July 9, 2001 regular meeting, the City Commission passed ordinance 2001-13 on first reading and directed staff to prepare an agenda item for second reading including additional language relative to vested rights. FINDINGS: 1. 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 comer 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 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. 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 second 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: July 23, 2001 PUBLIC HEARING AGENDA ITEM A Page 3 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 of lot 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 " Se~t By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Jun-29-01 12:32PM; Page "L14 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; PROVIDINC 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 .J WHEREAS. the City Commission has reviewed the case SLone v. City of Maitland, 446 F.2d 83 (5th Cir 1971) and hereby finds that it is Wldesirable 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 vet}' high in this competitive area and such failures result in abandoned gas stations which in most instan<:cs CMnQt be used for any other commercial purposes; and WHEREAS, for example, the City Commission is aware of the abandoned gasoline stati<m 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 434, and the abandoned gasoline station near the .-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 bewme 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 statioos 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 (pIa. 41b DCA 1969); and City of Win\er Spring. Ordinance No.2001-13 Paee I of :3 S~nt By: BROWN,WARO,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-29.01 12:33PM; Page 3/4 WHEREAS, the City Commission also finds that the lighting standards used by gasoline Uations 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 me 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 FOLWWS: Sedion 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.) ..J See. 20-417 G~soline Stations. W For purposes of this section. a "gasoline station" shall include any building or structure or p~lof1and used for the stora\;e and sale of gasoline or O~I motor fuels. ~ether such storage and sale is a principal or accessory use on !l1e land. all There shall be a minimum air line distance of three h~dred fifty (350) feet, measured in a straight line from the neatest points onot boundaries. betwec9 a prQPOSCd psoline statis>n and any existing aasoline station or between ~ prop~ gasoline station and any lut zoned ~jdentilll Qr an)' lot on which a school or D~2l'Ound is orooosed or exists. W There shall be a minimum air line distance of three hundred fifty (350) feet. m~ in a straight line from the nearest points of lot bQundaries. bmyeen a ~ed residential lot. school. or playground and any existins gasoline station. Sedion 3. Repeal of Prior Incon,istent Ordinances and Resolutions. All ordinanoos and resolutions or partS of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Ciry of Wimer Sfni.n&1 Ordinance No.2001.1:l ~c 2 of 3 Sept By: BROWN,WARO,SALZ~~N&WEISS,P.A.; 407 425 9596; Jun-29-01 12:34PM; Page 4/4 Secdon 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. Se~on s. Incorporation Intb Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or pai-agraph number or Jetter and any heading may be changed or modified as necessary to effectuate the foregoing. Sectiun 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. J 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 Attorney First Reading: Se<:ond Reading: Effective Date of Ordinance: F:\DOCS\City of Winter Sprinas\OrdinlIZlces\GasoUnc Filling StatioM CilY of Wimer Springs OrdiJwJoe No.200H3 Page J (If ) " 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 ofA1aitland, 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 of the 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 corner 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 \VHEREAS, 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, 2 16 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. ~ For purposes of this section. a "gasoline station" shall include anv building or structure or parcel of land used for the storafi!e and sale of gasoline or other motor fuels. whether such storage and sale is a principal or accessory use on the land. ill 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 existinfi! 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. W 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. 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. City of Wimer Springs Ordinance No.2oo1-13 Page 2 of 3 C'; f 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. Section 7. Vested. 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 Ordinance. 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 FORi"1 AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date of Ordinance: W:\DOCS\City of Winter Springs\Ordinances\Gasoline Station jpb.jd City of Wimer Springs Ordinance No.2ool-l3 Page 3 of 3 .. -: 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 INCORPORA TION 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 hasreviewed 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 ih 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 of the abandoned gasoline station located on State Road 434 in Winter Springs (Texaco), which has been declared a public nuisance by the City's Code EnforcementBoard, the abandoned gasoline station located on State Road 17-92 near the City of Casselberry City Hall, the abandoned gasoline station on the corner 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 WH~REAS, 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 'r 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. Uti For purposes of this section. a "gasoline station" shall include any building or structure or parcel o[1and 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. au There shall be a minimum air line distance ofthree hundred fifty (350) feet, measured in a straight line from the nearest points o[1ot 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. W 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. @ This section shall not apply to any pending gasoline station application which is "vested" as provided by law, or anv gasoline station lawfully existing and operating at the effective date ofthis 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.200l-)3 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. S TO LEGAL FORM AND SUFFICIENCY Y OF WINTER SPRINGS ONLY. 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