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Item 8E- Moratorium for Auto Service StationsAGENDA ITEM #8E JULY 25, 2016 DRAFT 7/14/2016 ORDINANCE NO. ______ _ 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 PROHIBITIQN AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL W.ITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EF;FJi:CTUNTIL , 2017, UNLESS TERMINATED BY THE CITY C()lVIMISSION 1\.T AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS,]NTENT ANDPURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FO~ ZQNING DISTRICTS SUBJECT TO THE MORATORIUM; PROVIDING FOR S~VERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING f\.N EFFECTIYE DATE . .. . ·-·.·.·. WHEREAS, Aliicle VIII, Section 2 of th§ Florida Constitution provides that municipalities shall have govemmental, corporate and proprietary powers to enable municipalities to conduct mm~icipal govemment, perform municipal functions and render municipal services; ancl. . WHEREAS, purs~ahtto thkrefere11ced provision of the Florida Constitution, a city may . .· .. •"··· --,-_._-_ ··-·- exercise anY power for 111unicip~l purposes except as otherwise provided by law; and WHEREAS, Chapter 166, Flori.da Statutes, the "Municipal Home Rule Powers Act", reinforces the authority granted under the Florida Constitution and authorizes municipalities to exercise any power for m.unicipa] purposes, except when expressly prohibited by law and to enact ordinances in fu1iher 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 00682684-1 1 AGENDA ITEM #8E JULy 25, 2016 DRAFT 7/14/2016 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 citizens thereof, it is necessary and adyisable to enact a temporary moratorium on the permitting approvals of certain Automobile Service Statiorifacilities 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 welf<uethat this Ordinance be enacted; and -<·>-·. _._ .. ' WHEREAS, implementation~ofthls Ordinance is ill the best interest of the citizens of the City of Atlantic Beach. NOW, THEREFORE, BE IT>()RDAINED BYTHE<COMMISSIONERS OF CITY OF ATLANTIC BEACH,F_[,ORIDA, THAT: SEC'I'JON 1. RECI']]ALS: Ihe (:lforementipned recitations are incorporated herein by reference/ ._ -~-~~~~----; ;> '- SECTION 2. TITLE This Ordina,n.ce shall be l(pown 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 of the City's Land Development Regulations. 00682684-1 2 AGENDA ITEM #8E JULy 25, 2016 DRAFT 7/14/2016 (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. (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 arid related services: The term does not include . . . supermarkets. Generally these stores are less th<:m 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 "coJwenience{ood stores with fuel/gasoline :.·.·.·. ,•, : sales" shall be refenedtocollectiyely herein as .. "AutomobileService Stations." ',.>>. <·· ' '// .:/· SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM / .. ,'. '/ This Ordinance shall be applicablet9 all propeliies zoned as CL, CG, LIW or SPA, located within the boundaries of the City of Atlantic Beach. SECTION 5. INTENT · The intent of th~ City C9mmission 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 oppoliunity to review and if necessary, amend the regulations relating to the permitting and approval of Automobile Service Stations. 00682684-1 3 AGENDA ITEM #8E JULY 25, 2016 DRAFT 7/14/2016 SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS A temporary 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 pe1mitting for Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This temporary moratorium shall not apply to and the foll6wing are exempt fi:om this temporary " " moratorium: Gate Petroleum, Inc. project locatedat 501, 535, 54 I Atlantic Boulevard; and any Automobile Service Stations which are established and conducting business as of the effective date of this Ordinance. This temporary moratorium shaJLBe in place from the effective date of this Ordinance through ____ _:...:,:.,.;---' ~Q 17. The (:ity Commission may rescind this moratorium or extend this nwratorium fotp\riods of up to six montll.s. " " " SECTION 7. ENFORCEM,ENT, PENALTIES ANDINJUNCTIVE RELIEF The City's code enforcem~ntofficer, lawenforcement or any other person authorized to ,··, -. enforce ordinances" in the CitY ofA~lantic" Bea~h 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 rrlisdemearior with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonmentfor 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 comi of competent jurisdiction; 00682684-1 4