Item 7A- Ordinance No. 90-17-229AGENDA ITEM:
DATE:
SUBMITTED BY:
PRESENTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION
AUGUST 14, 2017
Staff Report
Second and Final Reading, Ordinance to Extend Automobile Service
Station Temporary Moratorium
August 17, 2017
Kevin Hogencamp, Interim City Manage1~
Brenna M. Durden, City Attorney
SUMMARY: At its meeting on September 12, 2016, the Commission approved and
adopted Ordinance 90-16-225, establishing a temporary moratorium for "automobile service
station" establishments, as described in said Ordinance. The moratorium will, under the Ordinance,
expire on Aug. 22, 2017. The draft ordinance attached to this report, approved on first reading on
Aug. 14, 2017, would extend the moratorium for six months to February 22, 2018.
RECOMMENDATION: Approve on second and final reading the proposed temporary
moratorium extension.
BUDGET: Yet-to-be-determined
ATTACHMENTS: 1. Proposed Ordinance No. 90-17-229
2. Ordinance 90-16-225, establishing temporary moratorium
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Agenda Item 7A
August 28, 2017
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
___ _, 2017, the day the City Commission first took action towards adoption of
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Agenda Item 7A
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DRAFT 7/18/2017
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 August, 2017.
PASSED by the City Commission on second and final reading this _ day of
August, 2017.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
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Agenda Item 7A
August 28, 2017
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
REPAffi-HEA VY, CAR WASHES ANn 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
PROHIBITION 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 LEGlSLATIVE 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 VHI, Section 2 of the Florida Constitution provides that municipalities shall
have governmental, corporate and proprietary powers to enable municipalities to conduct municipal
govemment, 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 Jaw; 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 protec~
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 comm\mity and
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Ordinance No. 90-16-225 1
Agenda Item 7A
August 28, 2017
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 tor 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 II, 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 repait·-heavy" have the same meanings
as set fotth in Section 24-17 of the City's Land Development Regulations.
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Ordinance No. 90-16-225 2
Agenda Item 7A
August 28, 2017
(c) "car wash" has the same meaning as set forth m 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, at1d 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 ofthe 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 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 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 fi·om 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
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Ordinance No. 90-16-225 3
Agenda Item 7A
August 28, 2017
moratorium shall be in place from the erfective date ofthis 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 ofthis 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 reftlsal 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
ff 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
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Ordinance No. 90-16-225 4
Agenda Item 7A
August 28, 2017
SECTION 10. EFFECTIVE DATE
The effective date of this Ordinance shall be July 25, 2016, the day the Commission first took
action towards adoption of the moratorium, in accordance with Smith v. Cleanilater, 383 So. 2d 681 (Fla.
2d DCA 1980). This Ordinance shall not be codified.
PASSED by the City Commission on first reading this 8th day of August; 2016,
PASSED by the City Commission on second and final reading this 12th day of September, 2016.
CITY OF A TLANTlC BEACH
Mitchell E. Reeves, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and conectness:
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Ordinance No. 90-16-225 5
Agenda Item 7A
August 28, 2017