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Item 7A- Ordinance 90-18-232AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Ordinance No. 90-18-232 First Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOBILE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12,2016, AS AMENDED BY ORDINANCE 90- 17-229, APPROVED AND ADOPTED BY THE CITY COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-16-225, AS AMENDED BY ORDINANCE NO. 90-17-229; AND PROVIDING AN EFFECTIVE DATE. Shane Corbin, Community Development Director @ Derek W. Reeves, Planner /~ January 30 ,2018 BACKGROUND: At its meeting on September 12,2016, the Commission approved and adopted Ordinance No. 90-16-225 , establishing a temporary moratorium for "automobile service station" establishments , as described in said ordinance. This moratorium was set to expire August 22, 201 7. Commission approved and adopted Ordinance No. 90-17-229 amending the previous ordinance to extend the moratorium for six months to February 22, 2018 . Over the last few months staff has been working on draft language addressing revisions to the code related to automobile service stations. On November 15, 2017 , a joint meeting of the City Commission and Community Development Board was held on the topic. Draft language was written based on comments from the joint meeting and was discussed at the Town Hall meeting on January 27,2018. As work on the code revisions related to automobile service stations has not been completed, staff is proposing Ordinance 90-18-232 that would amend and extend the moratorium to June 22,2018. BUDGET: None. RECOMMENDATION: To approve Ordinance No . 90-18-232 on first reading and move forward to the second reading and public hearing on February 26 , 2018. ATTACHMENTS: Proposed Ord. 90-18-232, Original moratorium-Ord. 90-16-225, First extension-Ord. 90-17-229 . REVIEWED BY CITY MANAGER: -~--'r""""-----_::A4=--·---"-'4----------- Agenda Item 7A February 12, 2018 DRAFT 1/29/2018 ORDINANCE NO. 90-18-232 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOBILE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, AS AMENDED BY ORDINANCE 90-17-229, APPROVED AND ADOPTED BY THE CITY COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-16-225, AS AMENDED BY ORDINANCE NO. 90-17-229; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission did, on September 12, 2016, approve that certain Ordinance No. 90-16-225, known as the "Automobile Service Station Moratorium Ordinance," providing for a temporary moratorium with exemptions as to the filing and/or application for the establishment of certain businesses as more particularly described in said Ordinance No. 90-16-225, within the City limits, through August 22, 2017; and WHEREAS, the City Commission on August 28, 2017 did approve and adopt Ordinance No. 90-17-229 extending the effectiveness of Ordinance 90-16-225 through February 22, 2018; and WHEREAS, the City is currently reviewing draft legislation and holding public meetings in regards to automotive and convenience store land uses, but has not concluded its review of regulations regarding the subject businesses; and WHEREAS, the City Commission now desires to extend the temporary moratorium for an additional period of four months as contemplated and authorized in said Ordinance No. 90-16-225, as amended by Ordinance No. 90-17-229; and WHEREAS, the extension of the temporary moratorium is in the best interest of the citizens of the City of Atlantic Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. Extension of Temporary Moratorium. The temporary moratorium established by Ordinance No. 90-16-225, known as the "Automobile Service Station Moratorium", as amended by Ordinance No. 90-17-229, is hereby extended from February 22, 2018 through June 22, 2018. 00936632-1 Agenda Item 7A February 12, 2018 DRAFT 1/29/2018 SECTION 2. Validity of Remaining Provisions. Except as amended in Section 1 above, all other provisions, terms and conditions of Ordinance No. 90-16- 225, as amended by Ordinance No. 90-17-229, are hereby declared to remain in full force and effect and remain valid through June 22, 2018. SECTION 3. Effective Date. The effective date of this Ordinance shall be February 12, 2018, the day the City Commission first took action towards adoption of this Ordinance to extend the temporary moratorium, in accordance with Smith v. Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified. PASSED by the City Commission on first reading this_ day of 2018. PASSED by the City Commission on second and final reading this _ day of __ _,2018. CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00936632-1 2 Agenda Item 7A February 12, 2018 ORDINANCE NO. 90-17-229 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225, KNOWN AS THE "AUTOMOBILE SERVICE STATION MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY THE CITY COMMISSION ON SEPTEMBER 12, 2016, FOR A PERIOD OF SIX MONTHS FROM AUGUST 22, 2017 TO FEBRUARY 22, 2018; PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER PROVISIONS OF ORDINANCE NO. 90-16-225; AND PROVIDING AN EFFECTIVE DATE. .,, WHEREAS, the City Commission did, on September 12, 2016, approve that certain Ordinance No. 90-16-225, known as the "Automobile Service Station Moratorium Ordinance," providing for a temporary moratorium with exemptions as to the filing and/or application for the establishment of certain businesses as more particularly described in said Ordinance No. 90-16-225, within the City limits, through August 22, 2017; and WHEREAS, the City has not concluded its review of regulations regarding the subject businesses; and WHEREAS, the City Commission now desires to extend the temporary moratorium for a period of six months as contemplated and authorized in said Ordinance No. 90-16-225; and WHEREAS, the extension of the temporary moratorium is in the best interest of the citizens of the City of Atlantic Beach. NOW, tHEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. Extension of Temporary Moratorium. The temporary moratorium established by Ordinance No. 90-16-225, known as the "Automobile Service Station Moratorium" is hereby extended from August 22, 2017 through February 22, 2018. SECTION 2. Validity of Remaining Provisions. Except as amended in Section 1 above, all other provisions, terms and conditions of Ordinance No. 90-16- 225 are.hereby declared to remain in full force and effect and remain valid through February 22, 2018. SECTION 3. Effective Date. The effective date of this Ordinance shall be Au~vs·r 14. 2017, the day the City Commission.firsttook action towards adoption of 00843751-1 Agenda Item 7A February 12, 2018 ORDINANCE NO. 90-16-225 AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE REPAIR-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING PROIDBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal functions and render municipal services; and. WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act", reinforces the authority granted under the Florida Constitution and authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law and to enact ordinances in further thereof; and WHEREAS, the City wants to review whether automotive service stations, automotive service- minor, automotive repair-heavy, car washes and convenience food stores with fuel/gasoline sales (hereinafter collectively "Automobile Service Stations") should be allowed in areas zoned CL, CG, LIW and SPA, and, if so, under what conditions and review standards; and WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protect individual rights, while at the same time promoting the health, safety and welfare of the people, including the compatibility of development and aesthetic impacts of development in the City; and WHEREAS, in order to ensure the uniform enforcement of existing laws and preserve the public peace and good order and to safeguard the health, safety, morals and welfare of the community and 00682684-1 Ordinance No. 90-16-225 1 Agenda Item 7A February 12, 2018 citizens thereof, it is necessary and advisable to enact a temporary moratorium on the permitting approvals of certain Automobile Service Station facilities in the City; and WHEREAS, the City Commission for the City of Atlantic Beach, Florida finds it necessary for the promotion of the public safety and welfare that this Ordinance be enacted; and WHEREAS, at the City Commission meeting held on July 11, 2016, the Commission discussed a potential moratorium on Automobile Service Station facilities and directed the City Attorney to prepare a draft ordinance and to place it on the July 25,2016 meeting agenda for discussion purposes; and WHEREAS, a draft of this Ordinance dated July 14,2016 was included in the Agenda Packet for the July 25, 2016 City Commission meeting for discussion purposes; and WHEREAS, on July 25, 2016, the City Commission did review and discuss a draft of this Ordinance and directed that it be placed on the Commission's August 8, 2016 meeting agenda for first reading; and WHEREAS, implementation of this Ordinance is in the best interest of the citizens ofthe City of Atlantic Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. RECITALS. The aforementioned recitations are incorporated herein by reference. SECTION 2. TITLE This Ordinance shall be known and may be cited as the "Automobile Service Station Moratorium Ordinance". SECTION 3. DEFINITIONS For the purpose of this Ordinance, the following terms are defined as follows: (a) "automotive service stations" has the same meaning as "service station-automotive" set forth in Section 24-17 ofthe City's Land Development Regulations. (b) "automotive service-minor" and "automotive repair-heavy" have the same meanings as set forth in Section 24-17 of the City's Land Development Regulations. 00682684·1 Ordinance No. 90-16-225 2 Agenda Item 7A February 12, 2018 (c) "car wash" has the same meaning as set forth in Section 24-17 of the City's Land Development Regulations. (d) "convenience food stores with fuel/gasoline sales" means retail outlets for a variety of products such as dairy, bakery, snack foods, beverages (alcoholic and non-alcoholic), tobacco, grocery, health and beauty aids, fast foods to go, meats and produce, and includes dispensing of fuels and other automotive goods and related services. The term does not include supennarkets. Generally these stores are less than 7,500 square feet in size. These stores may also include sit-down restaurant areas. (e) Taken together, the terms "automotive service station," "automotive service-minor," "automotive repair-heavy," "car wash" and "convenience food stores with fuel/gasoline sales" shall be referred to collectively herein as "Automobile Service Stations." SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM This Ordinance shall be applicable to all properties zoned as Commercial Limited ("CL"), Commercial General ("CG"), Light Industrial and Warehousing ("LIW") or Special Planned Areas ("SPA"), located within the boundaries of the City of Atlantic Beach. SECTION 5. INTENT The intent of the City Commission acting as the governing body of the City of Atlantic Beach, Florida in adopting this Ordinance is to prohibit, subject to the provisions of this Ordinance, the growth of Automobile Service Stations, in areas that are zoned as CL, CG, LIW and SPA Zoning Districts within the City of Atlantic Beach until the City Commission has had an opportunity to review and if necessary, amend the regulations relating to the permitting and approval of Automobile Service Stations. SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS A tempormy moratorium is hereby established to prohibit filing and/or application for zoning or permitting of Automobile Service Stations and suspending the process of any zoning or permitting for Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This temporary moratorium shall not apply to and the following are expressly exempt from this temporary moratorium: Gate Petroleum, Inc. project located at 501, 535, 541 Atlantic Boulevard; and any Automobile Service Stations which are established and conducting business as of the effective date of this Ordinance. This temporary 00682684-1 Ordinance No. 90-16-225 3 Agenda Item 7A February 12, 2018 moratorium shall be in place from the effective date of this Ordinance through August 22, 2017. The City Commission may rescind this moratorium or extend this moratorium for periods of up to six months. SECTION 7. ENFORCEMENT, PENALTIES AND INJUNCTIVE RELIEF The City's code enforcement officer, law enforcement or any other person authorized to enforce ordinances in the City of Atlantic Beach may enforce the provisions of this Ordinance. Any enforcement action or legal remedy available under controlling state law, including but not limited to, prosecution as a misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing contained herein shall prevent the City from taking such other lawful action in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but not limited to: (a) Code enforcement action pursuant to City of Atlantic Beach Ordinances; (b) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction; (c) Initiating an action to recover any and all damages that may result from a violation of, or a refusal to comply with, any part of this Ordinance; or (d) Utilizing any other action or enforcement method allowable by law. SECTION 8. REPEAL OF LAWS IN CONFLICT All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 9. SEVERABILITY If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. 00682684-1 Ordinance No. 90-16-225 4 Agenda Item 7A February 12, 2018