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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-002Temporary Resolution No. 13885 January 11, 2023 Page 1 of 5 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 Page 2 of 5 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 Page 3of5 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 Page 4 of 5 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 Page 5of5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS II7(DAYOF Jonw , aD23 ATTEST: L'In �U�4 ,-./ KIMBERLY DILLON, CIVIC CITY CLERK CITY OF TAMARAC FLORIDA )�I,A e �, I f2 e1QA,1- ICHELLE J GOME , MAYOR 'TxK� � � �13K� ►7�if�I[.Y.9[���[�� 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 f� 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 Page 1 of 2 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. npnF:R 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 Page 2 of 2