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HomeMy WebLinkAbout2022-002-443_-_Administrative_Moratorium_-_Fueling_Station_-_Adopted.docxORDINANCE NO. 2022-002-443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A CITYWIDE MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF ALL ZONING APPLICATIONS AND/OR PERMITS FOR VEHICLE FUELING STATIONS AND SALES AS A PERMITTED USE OR ACCESSORY USE, INCLUDING VARIANCES, SPECIAL EXCEPTIONS, ZONING DISTRICT CHANGES, MINIMUM SQUARE FOOTAGE REQUIREMENT CHANGES, MODIFICATIONS OR ELIMINATION OF CONDITIONS, RESTRICTIONS OR LIMITATIONS FOR A 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law, and WHEREAS, it is in the City’s public interest to make a comprehensive determination as to whether the City’s existing regulations relating to the locations of vehicle fueling stations and sales as a permitted use or accessory use are appropriate, and WHEREAS, a citywide moratorium is requested to allow Staff time to research, study to make that determination, and WHEREAS, during the moratorium, there will be no acceptance, processing, and issuance of zoning applications and/or permits for vehicle fueling stations and sales as a permitted use or accessory use, including variances, special exceptions, zoning district changes, minimum square footage requirement changes, modifications or elimination of conditions, restrictions or limitations acted upon by a City department, unless otherwise specifically provided herein, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: DocuSign Envelope ID: 4C07ACC4-FC37-441C-B057-59E3117877C3 Page 2 of 4 Ordinance No. 2022-002-443 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2: PURPOSE: the purpose of the Ordinance is to allow Staff sufficient time to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/ Code of Ordinances, regarding whether the regulations relating to the locations of vehicle stations and sales as a permitted use or accessory use are appropriate. During this 180-day period, there will be no acceptance, processing, and issuance of zoning applications and/or permits for vehicle fueling stations and sales as a permitted use or accessory use, including variances, special exceptions, zoning district changes, minimum square footage requirement changes, modifications or elimination of conditions, restrictions or limitations acted upon by a City department, unless otherwise specifically provided herein. Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning in progress as it relates to the processing of any applications and permits relating to vehicle fueling stations and sales as a permitted use or accessory use. All affected property and business owners are placed on notice with respect to these pending regulations and the actions being taken by the City. Section 4: ESTABLISHMENT OF TEMPORARY MORATORIUM: A citywide moratorium on the submission, processing and issuance of zoning applications and/or permits for vehicle fueling stations and sales as a permitted use or accessory use, including variances, special exceptions, zoning district changes, minimum square footage requirement changes, modifications or elimination of conditions, restrictions or limitations within the City during the term of the moratorium is hereby established for a period of 180 days from the effective date of this Ordinance. The moratorium is subject to the provisions of Section 5 herein. Except as otherwise provided herein, no department of the City shall accept, process and issue any zoning applications and/or permits for vehicle fueling stations and sales as a permitted use or accessory use, including variances, special exceptions, zoning district changes, minimum square footage requirement changes, modifications or elimination of conditions, restrictions or limitations unless provided herein during the term of the moratorium hereby established. Section 5: EXEMPTIONS: This moratorium shall not affect the issuance of permits for existing vehicle fueling stations and sales needing to make repairs or improvements, or for those vehicle fueling stations and sales that have already been applied for by way of an application submitted to the appropriate City Department for a permit or approval. Section 6: SUBMITTAL OF APPLICATIONS. Beginning upon the effective date of this Ordinance, an applicant for any zoning permit or application including for variances, special exceptions, zoning district changes, minimum square footage requirement changes, modifications or eliminating conditions, restrictions or limitations related to vehicle fueling stations and sales as a permitted use or accessory use shall be required to disclose its intention within its application. In the event that it is determined by the City DocuSign Envelope ID: 4C07ACC4-FC37-441C-B057-59E3117877C3 Page 3 of 4 Ordinance No. 2022-002-443 that an applicant has failed to disclose its intent to establish a fueling station or apply for variances, special exceptions, zoning district changes, minimum square footage requirement changes, modifications or eliminating conditions, restrictions or limitations, the City shall be authorized to enforce this Ordinance by the methods set forth in Section 8. Section 7: STUDY: The City Manager as well as such other departments of the City, as the City Manager shall deem appropriate shall continue to study regulations relating to the locations of vehicle fueling stations and sales as a permitted use or accessory use and shall present proposed amendments to the Land Development Regulations and/or Code of Ordinances to the City Council. Section 8. PENALTIES: This moratorium may be enforced by the following methods of enforcement: (a) revocation or temporary suspension of any development permits, development orders, certificates of occupancy and/or licenses, including certificates of use and business tax receipts; or (b) by an action for injunctive relief, civil penalties or both, through a court of competent jurisdiction; or (c) By any other process permitted by law including, but not limited to code enforcement action. Section 9. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 10. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion 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 affect the validity of the remaining portions of this Ordinance. Section 11. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 12. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 8th DAY OF DECEMBER, 2021. PASSED ON SECOND READING ON THE 9th DAY OF FEBRUARY, 2022. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 9, 2022. DocuSign Envelope ID: 4C07ACC4-FC37-441C-B057-59E3117877C3 Page 4 of 4 Ordinance No. 2022-002-443 ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER AND SONJA DICKENS, CITY ATTORNEY Moved by: Vice Mayor Leon Seconded by: Councilman Stephens VOTE: 7-0 Mayor Harris Yes Vice Mayor Leon Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes DocuSign Envelope ID: 4C07ACC4-FC37-441C-B057-59E3117877C3