HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-002Temporary Resolution No. 13885
January 11, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2023 - Qp2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AFFIRMING AND RATIFYING THE CITY
MANAGER'S ADMINISTRATIVE ORDER DATED DECEMBER 22, 2022,
ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN,
DECLARING ZONING IN PROGRESS AND INSTITUTING A 180-DAY
MORATORIUM ON THE SUBMISSION, PROCESSING, APPROVAL OR
ISSUANCE OF ANY NEW BUSINESS TAX RECEIPTS, DEVELOPMENT
ORDERS OR PERMITS FOR ANY RETAIL USE THAT SUPPORTS
LIQUOR STORES, VAPE AND SMOKE SHOPS; AND BAR, LOUNGE, OR
TAVERN USES IN THE CITY OF TAMARAC, IN ACCORDANCE WITH
CHAPTER 10, SECTION 10-5.4(U) OF THE CITY OF TAMARAC CODE
OF ORDINANCES; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO UNDERTAKE STUDY AND REVIEW OF THE CITY'S
REGULATIONS RELATING TO THE NUMBER AND LOCATIONS OF
LIQUOR STORES, VAPE AND SMOKE SHOPS; AND BAR, LOUNGE, OR
TAVERN USES IN THE CITY OF TAMARAC PROVIDING THAT UPON
THE ADOPTION OF THIS RESOLUTION AFFIRMING THE
ADMINISTRATIVE ORDER, NO PERMITS SHALL BE ISSUED FOR ANY
NEW RETAIL USE THAT SUPPORTS LIQUOR STORES, VAPE AND
SMOKE SHOPS; AND BAR, LOUNGE, OR TAVERN USES NOT
OTHERWISE EXEMPT DURING THE TIME PERIOD COVERED BY THIS
RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, over the past recent years the City has allowed eleven (11) Liquor
Stores, with five (5) of the eleven granted approvals between 2021 and 2022. In addition,
Smoke Shops are seeing a high level of activity with three (3) opening in the last 2 years,
two (2) more pending certificates of occupancy and one (1) additional location proposed;
and
WHEREAS, currently, the City Code does not distinguish the retail use of Liquor
Stores, Vape or Smoke Shops and allow these uses as "Permitted by Right" under the
broad retail classification in at least six (6) zoning designations, provided the use occupies
less than 10,000 square feet of space; and
Temporary Resolution No. 13885
January 11, 2023
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WHEREAS, to prevent the proliferation of liquor stores, vape and smoke shops;
and bar, lounge, or tavern spreading too far, too fast, it is necessary to study the issue to
determine the number and locations appropriate for a City of less than 12 square miles;
and
WHEREAS, the City Manager and the City's professional staff continuously
monitor and review the City's Comprehensive Plan and Land Development Code to
ensure appropriate development in the City, and from time to time recognize the need to
study and amend aspects of same; and
WHEREAS, the City of Tamarac Comprehensive Plan, Future Land Use Element,
Objective 1, requires the City of Tamarac to administer and adopt appropriate Land
Development Code revisions, amending them as needed to respond to changing
conditions; and
WHEREAS, at the December 14, 2022 City Commission meeting, Staff was
directed by the Commission to study the impact of the retail classifications of liquor stores,
vape shops, smokes shops, as well as the use of bar, lounge or tavern in the City, and
determine whether these uses are appropriately classified and distributed throughout the
City; and
WHEREAS, on December 22, 2022, the City Manager signed an Administrative
Order instituting a 180-day Moratorium on the submission, processing, approval or
issuance of any new business tax receipts, development orders or permits for any retail
use that involves liquor, vape, and smoke shops, as well as bar, lounge, or tavern within
the City's municipal boundaries, a copy of which is attached hereto as Exhibit "A", and
incorporated herein by reference; and
Temporary Resolution No. 13885
January 11, 2023
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WHEREAS, the 180-day Moratorium on retail use that involves liquor, vape, and
smoke shops, as well as bar, lounge, or tavern exempts previously filed applications
pending within the City at the time of the effective date of the Administrative Order; and
WHEREAS, pursuant to Section 10-5.4(U) of the City of Tamarac Code of
Ordinances, the City Manager, subject to the confirmation by the City Commission
pursuant to this Resolution, has imposed a prohibition on the submission, processing,
approval or issuance of any new business tax receipts, development orders or permits
for any retail use that involves liquor, vape, and smoke shops, as well as bar, lounge, or
tavern within the City of Tamarac's corporate boundaries for a period of one hundred and
eighty (180) days from the date of the Administrative Order; and
WHEREAS, such a prohibition for one hundred and eighty (180) days is the
minimum reasonable time needed to enable the City's professional staff to properly study
the issues associated with the placement, number and locations of liquor, vape, and
smoke shops, as well as bar, lounge, or tavern in the City; and
WHEREAS, the City Commission approves of and affirms the City Manager's
Administrative Order, and hereby finds that the ratification of same is in the best interest
of the citizens and residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Temporary Resolution No. 13885
January 11, 2023
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Resolution; all exhibits referenced and attached hereto are incorporated herein and made
a specific part of this resolution.
Section 2. That pursuant to Section 10-5.4(U) of the City of Tamarac Code of
Ordinances, ("Zoning in Progress"), the City Commission affirms and ratifies the City
Manager's December 22, 2022 Administrative Order prohibiting the submission,
processing, approval or issuance of any new business tax receipts, development orders
or permits for retail use that involves liquor, vape, and smoke shops, as well as bar,
lounge, or tavern within the corporate limits of the City of Tamarac.
Section 3. The Zoning in Progress shall cease at the earliest of the expiration
of one hundred and eighty (180) days from the issuance of the Administrative Order, upon
the effectiveness of an Ordinance addressing the subject matter of the Administrative
Order, or upon the adoption of a resolution terminating the Zoning in Progress.
Section 4. That the City Commission hereby directs the City Manager to
undertake study and further create an application process, placement criteria and other
permitting requirements for the number and locations of retail use that involves liquor,
vape, and smoke shops, as well as bar, lounge, or tavern.
Section 5. The City Commission hereby authorizes and directs the appropriate
City Officials to make every effort to expedite and effectuate the intent of this Resolution.
Section 6. This Resolution shall become effective immediately upon its passage
and adoption.
THIS PORTION OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Temporary Resolution No. 13885
January 11, 2023
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA
THIS II7(DAYOF Jonw , aD23
ATTEST:
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KIMBERLY DILLON, CIVIC
CITY CLERK
CITY OF TAMARAC FLORIDA
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ICHELLE J GOME ,
MAYOR
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MAYOR GOMEZ_
DIST 1:
V/M BOLTON
DIST 2:
COMM. WRIGHT
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CI OF TAMARAC ONLY.
1
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HAN OTTI NOT,
CITY ATTORNEY
I
This Resolution was filed in the Office of the City Clerk on this day of 2023.
CITY OF TAMARAC, FLORIDA
ADMINISTRATIVE ORDER
ORDER DECLARING ZONING IN PROGRESS AND INSTITUTING A 180 DAY
MORATORIUM ON THE SUBMISSION, PROCESSING, APPROVAL OR ISSUANCE OF
ANY NEW BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS OR PERMITS FOR
ANY RETAIL USE THAT SUPPORTS LIQUOR STORES, VAPE AND SMOKE SHOPS
AND BAR, LOUNGE, OR TAVERN USES IN THE CITY OF TAMARAC.
BACKGROUND
At the December 14, 2022 City Commission meeting, Staff was directed by the Commission to study the
impact of the retail classifications of liquor stores, vape shops, smokes shops, as well as the use of bar,
lounge or taverns in the City, and determine whether these uses are appropriately classified and
distributed throughout the City. The appearance and locations of uses classified as liquor, vape, and
smoke shops as well as bar, lounge or taverns, if not properly sited, can be detrimental to the City and can
impact the immediate preservation of the public peace, health and safety.
Currently, the City Code does not distinguish the retail use of Liquor Stores, Vape or Smoke Shops and
allow these uses as "Permitted by Right" under the broad retail classification in at least six (6) zoning
designations, provided the use occupies less than 10,000 square feet of space. Under these conditions,
the City has allowed eleven (11) Liquor Stores, with five (5) of the eleven granted approvals between 2021
and 2022. In addition, Smoke Shops are seeing a high level of activity with three (3) opening in the last 2
years, two (2) more pending certificate of occupancies and one additional location proposed. In order to
properly locate these uses, the Code would need to be amended to distinguish these uses from the broad
"Retail" category, to allow for the placement of liquor, vape, and smoke shops in the appropriate zoning
designations.
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.
Staff finds that the immediate preservation of the public peace, health and safety is necessary, to prevent
the construction or placement of land uses that would undermine the revitalization efforts in our Mixed -
Use and Nonresidential Districts and impact the implementation and ongoing development of the
Economic Development Strategic Plan Element of the City's Comprehensive Plan. In order to prevent the
proliferation of these uses spreading too far, too fast, it is necessary to study the issue to determine the
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number and locations appropriate for the City of Tamarac. It is therefore necessary and in the public's
best interest to invoke Zoning in progress and institute an immediate moratorium to study the positive
and negative impacts of liquor, vape, and smoke shops as well as bar, lounge or taverns, to prevent
irreversible incompatible development from occurring, pending the adoption of an amendment to the
Code.
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Pursuant to Chapter 10, Section 10-5.4(U) of the Code of Ordinances of the City of Tamarac, Florida, the
City Manager hereby issues an Administrative Order declaring "Zoning in Progress" on the submission,
processing, approval or issuance of any new business tax receipts, development orders or permits for any
retail use that involves liquor, vape, and smoke shops as well as bar, lounge or taverns within the City's
municipal boundaries. Furthermore, the City Manager declares "Zoning in Progress" for a period of one
hundred and eighty (180) days from the date of this Administrative Order to allow Staff to study the
provision and location of these uses to ensure the compatibility, vitality and the character of the Mixed -
Used and Nonresidential Zoning Districts are maintained; providing that the Administrative Order shall be
complied with by all city personnel and shall be effective immediately upon execution, subject to
affirmation by resolution of the City Commission, unless reversed, modified or superseded by resolution
passed by the City Commission.
This order shall not apply to any application currently in progress that was approved by the City
Commission prior to this date.
In accordance with Section 10-5.4(U) of the City of Tamarac Code of Ordinances, this matter shall be
placed on the next available City Commission agenda of January 11, 2023, for review and adoption of a
Resolution confirming this Administrative Order.
Effective date: December 22, 2022
Expiration date: June 20, 2023
Contact: Maher Mansour, Assistant Director
Community Development Department
Planning and Zoning Division
(954) 597-3530
Approved by:
Kathleen Gunn, City Manager
City of Tamarac, Florida
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