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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-002 Amending Vehicle and EquipmentTemp. Ord. No. 2491 October 13, 2021 Page 1 of 6 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2022 - 00 -,).- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 10, ARTICLE 6, ENTITLED "RULES OF CONSTRUCTION AND DEFINITIONS", SPECIFICALLY SECTION 10-6.2(C)(9), ENTITLED "VEHICLE AND EQUIPMENT", MORE SPECIFICALLY SUBSECTION 10- 6.2(C)(9)(g) OF THE CITY OF TAMARAC CODE OF ORDINANCES, AMENDING THE DEFINITION OF THE USE "VEHICLE SERVICE AND REPAIR, MINOR; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Keith M. Poliakoff, Esq., designated agent for the property owner, NRNS Acquisition 3705 Commercial, LLC, is requesting the approval of a Text Amendment to Land Development Code to incorporate the following text into the Vehicle Service and Repair, Minor definition: minor interior vehicle repair/installations, including prefabricated parts, audio equipment, window tint, vehicle wraps, and seat covers that do not require the use of heavy machinery or a vehicle lift to install.; and WHEREAS, the applicant, herein identified as Specialty Automotive Treatments, Inc. is under contract to purchase the subject property previously known as the AMC Liquidators Building located at 3705 W. Commercial Boulevard in the City of Tamarac and desires to operate a minor vehicle repair facility; and WHEREAS, pursuant to the City-wide rezoning and revised Land Development Code adoption by the City Commission on July 12, 2018, the property was rezoned to the MU-C (Mixed Use Corridor) which permits the use of a minor vehicle repair facility subject to Special Exception approval by the City Commission; and WHEREAS, the City's Mixed Used Districts, and specifically the Mixed -Use CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2491 October 13, 2021 Page 2 of 6 Corridor (MU-C) zoning designation is intended to encourage the development of mixed - use activity centers along the City's primary transportation corridors and gateways; and WHEREAS, the district is distinguished from the other Mixed -Use Districts, as it's designed to accommodate a mix of retail, office, and service, institutional, cultural/public, and entertainment developments that meet local and regional needs and are sensitively designed to reflect a positive image of the City; and WHEREAS, Section 10-6.2(C)(9)(g) of the City's Land Development Code defines the use Vehicle Service and Repair, Minorto include light maintenance activities such as engine tune-ups; oil change or lubrication; carburetor cleaning; muffler replacement; brake repair; and tire shops. Vehicle parts are sold and are ordinarily installed on the premises; and WHEREAS, due to the uniqueness of the applicant's business model providing customized wheels, LED lighting, audio equipment, vehicle wraps, and interior seat covers, the services are not classified under the current definition of Vehicle Service and Repair, Minor in the City's Land Development Code; and WHEREAS, after review of the applicant's request staff determined that an amendment to Chapter 10, Article 6, Section 10-6.2-(C)(9)(g) of the City's Code is necessary to expand the definition of services provided under the Vehicle Service and Repair, Minor classification to allow for growing development in this unique service -based industry and; WHEREAS, the City's adopted Comprehensive Plan, Future Land Use Element, Objective 1 requires the City to administer and adopt appropriate land development code revisions, amending them as needed to respond to changing conditions; and CODING: Words in strife through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2491 October 13, 2021 Page 3 of 6 WHEREAS, Policy 10.8 of the Future Land Use Element of the City's Comprehensive Plan requires commercial land uses to be located in a manner compatible with adjacent land uses so as not to adversely affect the health, safety, welfare or aesthetics of existing or future residential areas; and WHEREAS, Section 10-5.4(D)(3) of the City's Land Development Code establishes criteria by which an amendment to the text of the Code may be considered; and WHEREAS, Staff has reviewed the applicant's request for an amendment to the text of the Land Development Code and has determined that the criteria have been met for granting approval of the application; and WHEREAS, the Director of Community Development recommends approval of the ordinance; and WHEREAS, the proposed amendment supports the City's Strategic Plan Goal #3 "Tamarac is Economically Resilient" by establishing land development policies that are responsive to evolving industry needs, the City will continue to foster pro -growth development practices that will not only retain, but also attract new businesses to Tamarac; and WHEREAS, the City Commission of the City of Tamarac deems it to be desirable and in the best interest of the citizens, businesses, and development stakeholders of the City of Tamarac to amend Chapter 10, Article 6, Section 10-6.2(C)(9) entitled, "Vehicle and Equipment", Subsection 10-6.2(C)(9)(g) by amending the definition of the use Vehicle Service and Repair, Minorto include certain minor vehicle customization services that do not require the use of heavy machinery or a vehicle lift to install. CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2491 October 13, 2021 Page 4 of 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. That Chapter 10, Article 6, Section 10-6.2 (C)(9) entitled "Vehicle and Equipment", Subsection 10-6.2(C)(9)(g) of the Tamarac Code of Ordinance is hereby amended to read as follows: (9) Vehicle and Equipment. Uses include a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair and storage and offices. Specific use types include: (a) Boat and Marine Sales. An establishment primarily engaged in the display, sale, or lease of boats and other marine vehicles. (b) Vehicle Fuel Sales. Buildings and premises where gasoline and similar fuels for automotive use are supplied and dispensed at retail (or in connection with a private operation where the general public is excluded from use of facilities). (c) Vehicle Rental. An establishment engaged in the rental of new or used motor vehicles. Vehicles included, but are not limited to, automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, personal watercraft other than boats, utility trailers, all -terrain vehicles, and mobile homes. Minor vehicle repair is allowed as an accessory use. (d) Vehicle Sales, New. An establishment engaged in the display, sale, or leasing of new motor vehicles. Vehicles included, but are not limited to, automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, personal watercraft other than boats, utility trailers, all -terrain vehicles, and mobile homes. Vehicle repair is allowed as an accessory use. (e) Vehicle Sales, Used. An establishment engaged in the retail sale of more than five used motor vehicles a year, or the display of two more used motor vehicles for sale in any month. Vehicle repair is allowed as an accessory use. CODING: Words in stroke throuo type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2491 October 13, 2021 Page 5 of 6 (f) Vehicle Service and Repair, Major. An establishment engaged in the major repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, recreational vehicles, or mobile homes. Services include engine, transmission, or differential repair or replacement; body, fender, or upholstery work; and painting. (g) Vehicle Service and Repair, Minor. An establishment engaged in light maintenance activities such as engine tune-ups; oil change or lubrication; carburetor cleaning; muffler replacement; brake repair; a d-tire shops; minor interior vehicle repair/installations; including prefabricated parts: audio_ equipment; window tint; vehicle wraps; and seat covers that do not require the use of heavy machinery or a vehicle lift to install. Vehicle parts are sold and are ordinarily installed on the premises. SECTION 3. Codification. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 5. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 6. Effective Date. This Ordinance shall become effective upon adoption. CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2491 October 13, 2021 Page 6 of 6 PASSED FIRST READING this day of `� 5,4tA6--1z_ 2021. PASSED, SECOND READING this IRI—day of P�U 6k f'� , 2022. MICHEILLEJACOMEZ, MAYOR ATTEST: i-IF k4 ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to fofm. 7 JCMqITR. NERIN,` CITY ATTORNEY RECORD OF COMMISSION VOTE: IST Reading MAYOR GOMEZ J5�> DIST 1: COMM BOLTON DIST 2: V/M. GELIN DIST 1 COMM VILLALOBOS DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ 196-5 DIST 1: COMM BOLTON DIST 2: V/M GELIN DIST 3: COMM VILLALOBOS _ DIST 4: COMM. PLACKO _ This Ordinance was filed in the Office of the City Clerk on thisy.2 day t-14-- 202.2. CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions.