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Home My WebLink About2011 09 26 Public Hearing 502 Request From RaceTrac To Amend CodeCITY COMMISSION AGENDA ITEM 502 September 26, 2011 Meeting Consent Information Public Hearing X Regular Mgr. /Dept Authorization REQUEST: The Community Development Department is presenting to the City Commission a request from the law firm of Lowndes Drosdick Doster Kantor & Reed that the City Commission amend Section 20 -418 of the City's Code of Ordinances relating to the required distances from gasoline stations and other properties zoned residential, other properties with existing gasoline stations, and properties on which a school or playground is proposed or exists. SYNOPSIS: On August 12, 2011, City staff received a written request for the City Commission to consider a text amendment to Section 20 -418 of the City's Code of Ordinances. Specifically, the request is for Section 20 -418 (b) to be revised to read as follows: "There shall be a minimum air line distance of five hundred (500)feet, measured in a straight line from the nearest points of lot boundaries, between a proposed gasoline station and any existing gasoline station, and a minimum air line distance of one hundred fifty (150) feet between a proposed gasoline station and any lot zoned residential or any lot on which a school or playground is proposed or exists. A gasoline station within three hundred fifty (350)feet of residentially zoned property shall be required to be rezoned to a P UD and a development agreement shall also be required to address any compatibility issues. " The request is also for a similar revision to subsection (c) of the Code to insure consistency between the subsections. CONSIDERATIONS: APPLICABLE LAW AND PUBLIC POLICY: • Section 2 (b), Article VIII, of the State Constitution • Florida Statute 163.3194 -Legal Status of Comprehensive Plan • Florida Statute 163.3201 - Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority • Florida Statute 166.041 - Procedures for adoption of ordinances and resolutions • Winter Springs Charter Section 4.15 - Ordinances in General • Winter Springs Code of Ordinances, Chapter 20 • Winter Springs Comprehensive Plan • Euclid v. Amber Realty Co., 272 U.S. 365 (1926) (upholding the constitutionality of the principles of zoning). September 26, 2011 City Commission, Item 502 Page 2 of 3 nTCCT TccTC)N- In 2001, the City Commission adopted Ordinance 2001 -13 which established separation requirements for the construction and /or installation of new gasoline station facilities. The Findings considered as part of the agenda item on Ordinance 2001 -13 were as follows: • 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 cannot be used for other commercial purposes. • 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 the corner of 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. • An overabundance ofgasoline stations in one area can cause blight, which can be detrimental to aesthetic and commercial appeal. • An overabundance ofgasoline stations in one area presents a high risk office, explosion, and traffic congestion to nearby and adjacent schools, parks, and residential areas. • Lighting standards used by gasoline stations often require excessive illumination and can become a nuisance if located too closely to residential and park areas. • In June 2001, staff conducted an evaluation of the impacts of the 350 foot buffer surrounding gasoline stations, residential areas, schools, andparks. The study revealed there is more than adequate land available outside the buffer areas and within appropriate future land use designations to accommodate additional gasoline stations. • The evaluation of impacts of the 350 foot buffer was based upon land uses that would either allow gasoline stations by right or special exception. Those special land use categories include commercial, industrial, GNeeneway interchange, and Town Center. Staff updated the inventory of the existing gasoline stations in the City. This information is provided in Attachment B for use by the Commission in their consideration of this request. Gasoline stations are currently allowed in the following zoning districts: G2 (General Commercial), G 1(Neighborhood Commercial, as a conditional use), I -1 (Light Industrial), Town Center, as a special exception), and GID (Greeneway Interchange District, as a conditional use). September 26, 2011 City Commission, Item 502 Page 3 of 3 FISCAL IMPACT: There is no immediately measurable fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media /Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. Staff has sent two separate e -mail notifications to the affected homeowners associations (Winding Hollow, Stone Gable, and Parkstone). Staff has also spoken to several concerned residents regarding this request. STAFF RECOMMENDATION: Staff recommends that the City Commission consider the request and the information provided in this agenda item and provide direction to staff as they deem appropriate. The Commission can instruct staff to pursue a text amendment to the Code of Ordinances or choose to leave the Code as it currently reads relative to the location of gasoline stations. ATTACHMENTS: A. August 12, 2011 Request Letter from Lowndes Drosdick Doster Kantor & Reed, P.A. with attachments. B. City Zoning Map with Current Gas Station Locations A T L A W Au 12, 2011 Rand Stevenson Communit Development Director Cit of Winter Sprin 1 East S. R. 434 Winter Sprin Florida 32708 ATTACHMENT A THUMAs R, SULLIVAN DlRuri, DIAL: 407-418-6680 NORTH EOLA DRIVE OFFICE POSTOFFICE Box 2809 ORLANDO, FLORIDA 32802-2809 thornas, su I I i van ow-ndes-law. corn 111 T MERITAS LAW FIRMS WORLDWIDE Ik e 1: Re for Zonin Chan to See. 20-418 (Gasoll"ne Stafions Pursuant to m discussion with Cit Attorne Anthon Gar please find this as a formal written re for a zonin cooe c I nan to Section 20-418 re g asoline stations (the "Ordinance""). We r-rire re the fore chan because the existin Ordinance g reatl y reduces the number of potential g as station sites in the Cit We are enclosin a sketch g enerall y depictin the limited number of additional sites which would be candidates for development as g asoline stations in the event the Cit Commission directed Cit staff to proceed with preparin the re ordinance modification. Rand Stevenson Au 12, 2011 Pa ?. enactment of the Ordinance related to a proliferation of g as stations in the Cit which Would continue to be addressed b the proposed chan to the Ordinance, as the distance between g as stations would actuall be increased. Thank y ou for y our consideration of this re and please let me know when the re will be scheduled as a Cit Commission a item. c'. Anthon Gar Es (%wencl) 003 87031 14 93 5 6113. 1 111 1 Pubfic Hearin ........ ............ — A Jul 23 2001 Meeting MGR. ept. /CA Communit Development Department re the Cit Commission conduct a public hean'n� for the second readin and consideration of Ordinance 2001-13, establishin separation re tor construction and/or installation of new g as station facilities as amended to include vested ri 0 NOTE: The Cit Attorne will make the amended Ordinance available at the Jul 23, 2001 meetin The purpose of this a item is to consider the adoption of Ordinance 2000-13 that would re a 350-foot separation of proposed g as station facilities from existin g as station facilities, r 'dential subdivisions schools and parks to protect the health, safet and welfare of the esi residents and businesses of the Cit The provisions of the Cit Charter 4.15 which states in part "All ordinances shall be read twice,, the second readin of an ordinance shall be b title onl and shall follow the first b a minimum of ten ( 10 ) da provided however, this re ma be waived b a unanimow� vote of all five (5) members of the commission...." Iii 0a Jul 23,2001 PUBLIC HEARING AGENDA ITEM A Pa 2 Staff recommends the Cit Commission hold a public hearin for second readin of Ordinan" 2000-13. The ordinance would amend the Cit Code of Ordinances, as follows-, July 23, 2001 PUBLIC HEARING AGENDA ITEM A Page 3 Sec. 20417 Gasoline Stations a For the pRMoses of this section a P, asoline 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. _.. _.. � .rte.... �. .. r + r b There shall be a minimum air line distance of three hundred f 35o feet measured in a straight line from the nearest oints of lot boundaries,, between a p roposed gasoline station and - any existing gasoline station or between a pronosed g asoline 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 fi ft (350) measured in a straight line from the nearest points of lot boundaries,_ between a ro osed residential lot school or la round and an existin asoline station. ATTACHMENTS: A. Ordinance 2000 -13 B. Gas Station Spacing Evaluation Map COMMISSION ACTION: ATTACHMENT A ip 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 INCOR.POR.ATION 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 ofMaitland, 446 F.2d 83 (5" Cir 197 1) 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 I -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 Baca Ratan v. T'radewind Hills, 216 So.2d 460 (Fla. 4" DCA 1969 ); and City of Winter Springs Ordinance No.2041 -13 Page 1 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, Lal 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. 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 anyexisting 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. jjc There shall be a minimum air line distance of three hundred fifty (350) feet: measured in a straight ine from the nearest points of lot boundaries, between a proposed residential lot school, or playground and any existing asoline station. Ldl This section shall not gp2ly to any pending gasoline station application which is "vested" as provided by law, or any gasoline station lawfully existinpand operatinp 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 proverty then this section shall apply to said propeqL. 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 shad 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 Minter. 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 shalt 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 rnPPtina ncePmhIPri nn the 23rd rinv of July 9[101 u ity u ierx APP ED S TO LEGAL FORM AND SUFFICIENCY FO HE C OF WINTER SPRINGS ONLY. AN ONY A. GARGANESE City Attorney First Reading: Ju ly 9 9 2001 Second Reading: July 23, 2001 Effective Date of Ordinance: July 23, 2001 F:IDoCSICity of Winter Springs\0rdinanccs\Gaso1ine Station jpb.jd City of Winter Springs Ordinance No.2001- i 3 Page 3 of 3 L CITY OF WINTER SPRINGS .,%4 IN UI'ES CITY COMMISSION REGULAR MEETING - JULY 9, 2001 PAGE 9 OF 24 IV. INFORMATIONAL None, V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading And Consideration Of Ordinance 2001 -13, Establishing Separation Requirc!ments For Construction And/Or Installation Of New Gas Station Facilities. Mayor Partyka said "I'm looking to read this by `Title' only, and need a Motion." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDEM BY COMMISSIONER GENNELL. DISCUSSION. "I WOULD LIKE TO MAKE A MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION ENSUED ON POTENTIAL PROBLEMS THAT MAY ARISE IF THIS GOES FORWARD. VOTE: (ON TABLING) COMMISSIONER GENNELL: NAY DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY VOTE: (ON MAIN MOTION TO READ BY "TITLE" ONLY) COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION DID NOT CARRY. Attorney Gazganese read the Ordinance in its entirety. Attorney Garganese explained "There is one issue that needs to he considered and has come to my attention, that there may he one (1) or two (2) — proposed gasoline stations in the permit application process. If that is the case, the Commission may wish to consider westing those applications under the terms of this Ordinance. By vesting that means they CITY OF WINTER SPRINGS _ MINUTES CITY C01VIMISSION REGULAR MEETING — JULY 9, 2401 PACE 10 of 24 would -- be allowed to continue throughout the application process for a final determination and approval or disapproval by the City." Discussion ensued on this matter and the Bert Harris Act. Commissioner Blake asked, "Where did we come up with 350 feet ?" Mr. Charles C. Carrington, AICP, Community Development Department Director and Mr. Earnest McDonald, Comprehensive Planning Coordinator discussed this and- buffering requirements. Further discussion ensued on tanks. The number of sites in question was commented on by Ms. Jimette Cook, Code Enforcement Division Manager and Mr. John Baker, Land Planning Coordinator. Further discussion. Commissioner Robert S. Miller stated, "If they haven't filed their paperwork, acid if it's in order and on file with this City as of this evening, then I don't think we ought to entertain exempting it as the City Manager has said. If it's going to be an issue where there is going to be a legal suit, then I think we need to have the City Attorney come back to us, in a month from now, or two (2) months from now if you'd like, after he has done an intensive research in this entire issue of that location, the Hayes -- the Texaco station, Chevron station, whatever it is going to be. Tape 2/Side B Further discussion. Commissioner Gennell mentioned that "Over a year ago, we were supposed to have brought to us, Lighting Standards so that — some of the worst offenders of the very high intense lights are those gas stations and its never come forward and I've asked for it a couple of times, but the point is, to go forward and let them keep proliferating without even having that in place, it is not a good idea." Commissioner Blake stated, 1, ' 1 350 feet is fine with me, but I do think we need to take some special notice of those properties or those applications that may be existing, once we are able to determine where they stand." Discussion continued. Mayor Partyka opened the ".Public Input Of portion of this Agenda Item. Mr. Kenneth L. Wood, 2078 South orange Blossom Trail, Apopka, Florida: addressed the Commission about his plans and the preliminary meetings that he has had with City Staff. Discussion. The `'.Public Input " portion of this Agenda Item was closed. 0 CITY OF WINTER SPRINGS MFNUTES CITY COMMISSION REGULAR MEETING -11JLY 9, 2001 PAC ;E l 1 OF 24 "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE 2001- 13 TO THE SECOND READING WITH THE PROVISO THAT THE CITY ATTORNEY TAKE A CLOSE LOOK AT THE VESTING ISSUE O:F ANY EXISTING POTENTIAL ACTIVE SITES." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE STATED, "I WOULD RECOMMENDED ADDING A SUBSECTION `D' TO SECTION 20417, WHICH SAYS SOMETHING: LIKE THIS, `THIS SECTION SHALL NOT APPLY TO ANY PENDING GASOLINE STATION PROJECT VESTED, AS PROVIDED BY LAW, OR ANY GASOLINE STATION EXISTING AT THE EFFECTIVE DATE OF THIS ORDINANCE.' THAT WOULD MAKE IT CLEAR THAT CERTAIN VESTED GASOLINE STATIONS WILL BE PROTECTED AND WILL NOT BE SUBJECT TO THE ORDINANCE." COMMISSIONER MARTINEZ INQUIRED, "WHEN YOU SAY VESTED, ARE WE TALKING ABOUT A PERSON THAT OWNS A PIECE OF PROPERTY, OR ARE YOU TALKING ABOUT AN ACTIVE APPLICATION ON IF'ILE?" ATTORNEY GARGANESE RESPONDED BY SAYING, "VESTED, AS PROVIDED BY LAW." ATTORNEY GARGANESE FURTHER EXPLAINED THAT THIS MEANT, "IT IS ON A CASE BY CASE BASIS. YOU LOOK AT WHETHER SOMEBODY HAS SUBMITTED AN APPLICATION, WHETHER THEY HAVE PRIOR APPROVALS BY THE CITY. YOU DETERMINE WHETHER THEY HAVE A PROPERTY, OR THEY HAVE A PROPERTY RIGHT, OR A PROPERTY INTEREST IN BUILDING A GASOLINE STATION." VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED Mayor Partyka called a break. The Meeting was called back to order at 9: 47 p.m. ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT HEARD BY THE COMMISSION, AS DOCUMENTED. ❖ ❖ CITY OF 'WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2401 PACE 23 OF 29 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR MCLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLADE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED "MOTION TO EXTEND ONE (1) HOUR." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR RACK OF A SECOND ❖ AGENDA NOTE: THE COMMISSION THEN DISCUSSED PUBLIC HEARINGS AGENDA ITEM "A" NEXT. •:e V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Leading And Consideration Of Ordinance 2001 -13, Establishing Separation Requirements For Construction And /Or Installation Of New Gas Station Facilities As Amended To Include ves Rights. Attorney Garganese read Ordinance 2001 -13 by "Title" only. Discussion ensued on vested rights. Commissioner Blake asked, "Where in here is there a provision for an existing use that would not be in conformance with this Ordinance, and if that existing use ceased to do business for a period of time, does it retain it;I vested right, or does it not? Or over what period of time ?" Attorney Garganese suggesoted, "If you want to make it abundantly clear, we could make a minor modification to Section 7. — and add some language — or until the existing gasoline station is abandoned or discontinued, for a certain period of time." Commissioner Blake asked for a recommendation from Attorney Garganese. Attorney Garganese suggested that ninety (90) days would be a "reasonable" time. Commissioner Blake said, "Well, I'm willing to see us put that provision in. I think we intended to have it in. Just to make sure, that `If a non - conforming vested use ceases to do business in ninety (90) days' is fine far me." With further discussion by the Commission, Mayor Partyka stated, "The consensus seems to be ninety (90) days, as stated by Commissioner Blake." "I WILL MADE A MOTION TO EXTEND FOR ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CM CONIMISSION REGULAR MEETING - JULY 23, 2001 PAGE 24 OF 29 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMNIISSIONER GENNELL: NAY MOTION DID NOT CARRY "I'LL MOVE TO CONTINUE THIS ITEM HERE, UNTIL WE FINISH: THIS ITEM." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER, DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: DID NOT VOTE MOTION DID NOT CARRY "I WOULD LIKE TO MAKE A MOTION THAT THIS COMMISSION HANDLE PUBLIC HEARINGS ITEM `A,' PUBLIC HEARINGS ITEM `B,' AND REGULAR AGENDA ITEM `F' BEFORE WE ADJOURN THIS EVENING." MOTION BY COMMISSIONER BLAKE, SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ORDINANCE 2001 -13." MOTION BY COMNIISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTORNEY GARGANESE STATED, "BECAUSE OF THE ADDITIONAL CHANGE, MOVE SECTION 7. TO THE BODY OF THE ORDINANCE IN SUBPARAGRAPH SO IT GETS CODIFIED; IN THE CODE SO THE SECTION WOULD READ, `THIS ORDINANCE SMALL 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; CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PACE 25 OF 29 HOWEVER., IF ANY SUCH GASOLINE STATION SHALL DISCONTINUE OR ABANDON ITS' OPERATION FOR AT LEAST NINETY (90) CONSECUTIVE DAYS AT A PROPERTY, THEN THIS SECTION SHALL APPLY TO SAID PROPERTY. 999 Mayor Partyka opened the "Public Input "'Portion of this Agenda Item. None. The "Public Input " portion of this Agenda Item was closed. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD : AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLADE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED •*** AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS NEXT DISCUSSED, AS DOCUMENTED, • **•':• V. PUBLIC HEARINGS PUBLIC HEARINGS B. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading And Consideration Of Ordinance 200143 Amending Provisions In The Land Development Regulations Appertaining To Street Names, The Naming Of 1 4+treets, And The Uniform Building Numbering System. Attorney Garganese read the Ordinance by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. None. The "Public Input " portion of this Agenda Item was closed. "`I'D LIFE TO MADE A MOTION THAT WE APPROVE ORDINANCE 2001- 43." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. L 1J O CD CD o , N - E ❑ CD d O > 0 C 3 L 0 ci c m , C c E jz u? 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