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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-018Temporary Resolution No. 13900 February 8, 2023 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2023 - I(? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AFFIRMING AND RATIFYING THE CITY MANAGER'S ADMINISTRATIVE ORDER DATED JANUARY 23, 2023, ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN, DECLARING ZONING IN PROGRESS AND INSTITUTING A 180 DAY MORATORIUM ON THE SUBMISSION AND ACCEPTANCE OF APPLICATIONS FOR ADMINISTRATIVE REVIEW, LAND DEVELOPMENT PERMITS, AND BUILDING PERMITS FOR THE USE OF LAND FOR NEW SELF -STORAGE FACILITIES (INDOOR) IN THE CITY OF TAMARAC; AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE A STUDY OF THE USE, ASSESS THE EXISTING APPLICATION PROCESS AND PLACEMENT AND AMEND THE CODE WHERE APPROPRIATE IN A WAY THAT MAY PRECLUDE PERMITS AND APPROVALS OF THE USE IN CERTAIN LOCATIONS IN THE CITY; THAT UPON THE ADOPTION OF THIS RESOLUTION AFFIRMING THE ADMINISTRATIVE ORDER, NO NEW SELF -STORAGE FACILITIES (INDOOR) WILL BE ACCEPTED 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 self -storage industry has proven to be one of the sectors with the most rapid growth in the U.S. commercial real estate industry; and WHEREAS, the unprecedented growth of the industry has been attributed to self - storage consumers including renters, homeowners, students, businesses and transitional populations demanding rental storage; and WHEREAS, Florida has been a hotbed for storage construction, with dozens of new properties recently opening or under development; and WHEREAS, Tamarac is seeing the same trend, with a recent expansion of an existing site, plus two (2) new self -storage facilities constructed or under construction on W. McNab Road and the NE corner of Commercial Boulevard and Rock Island Road; and Temporary Resolution No. 13900 February 8, 2023 Page 2 of 5 WHEREAS, currently, self -storage facilities are permitted by special exception in at least 3 zoning districts in Tamarac, which if not reviewed, could allow for the approval and construction of more self -storage facilities in a city of less than 12 square miles in size; and WHEREAS, in order to prevent the clustering and proliferation of Self Storage Facilities (Indoor) citywide, it is necessary to study the issue to determine the number and locations appropriate for the City of Tamarac and amend the Code where appropriate in a way that may preclude permits and approvals of the use in certain locations in the City; 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, on January 23, 2023, the City Manager signed an Administrative Order instituting a 180-day moratorium on the submission and acceptance of applications for administrative review, land development permits, and building permits for the use of land for new Self Storage Facilities (Indoor) within the City's municipal boundaries of the City of Tamarac, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference; 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 and acceptance of applications for administrative review, land development permits, and building permits for the use of land for new Self -Storage Facilities (Indoor) within the City's municipal Temporary Resolution No. 13900 February 8, 2023 Page 3 of 5 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 study the City of Tamarac Code of Ordinances provisions impacted and develop a proposal to amend the Code in a way that may preclude permits and approvals of the use in certain locations 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 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 January 23, 2023, Administrative Order prohibiting the submission and acceptance of applications for administrative review, land development permits, and building permits for the use of land for new Self -Storage Facilities (Indoor) within the corporate limits of the City of Tamarac. Temporary Resolution No. 13900 February 8, 2023 Page 4 of 5 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 a study of the issue and develop a proposal to amend the Code in a way that may preclude permits and approvals of the use in certain locations in the City. Section 5. The City Commission hereby authorizes and directs the appropriate City Officials to do whatever is necessary and expedient to effectuate the intent of this Resolution. Section 6. This Resolution shall become effective immediately upon its passage and adoption. "The remainder of this page has been left blank intentionally" PASSED, ADOPTED AND APPROVED this 8^ ATTEST: KIMBERLY DIL CMC CITY CLERK Temporary Resolution No. 13900 February 8, 2023 Page 5 of 5 day of February 2023. MICHItLLE J. GOMEZ of ►fkAM-A kel'7 RECORD OF COMMISSION VOTE: MAYOR GOMEZ: des DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT DIST 3: COMM. VILLALOBOS ES DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE O,F�THE CITY OF TAMARAC ONLY. CITY ATTORNEY CITY OF TAMARAC, FLORIDA ADMINISTRATIVE ORDER ORDER DECLARING ZONING IN PROGRESS AND INSTITUTING A 180 DAY MORATORIUM ON THE SUBMISSION AND ACCEPTANCE OF APPLICATIONS FOR ADMINISTRATIVE REVIEW, LAND DEVELOPMENT PERMITS, AND BUILDING PERMITS FOR THE USE OF LAND FOR NEW SELF -STORAGE FACILITIES (INDOOR) IN THE CITY OF TAMARAC. BACKGROUND Over the past recent years, the self -storage industry has proven to be one of the sectors with the most rapid growth in the U.S. commercial real estate industry. The unprecedented growth of the industry has been attributed to self -storage consumers including renters, homeowners, students, businesses and transitional populations demanding rental storage. According to an investment bank report, in 2016, there were more than 58,000 self -storage facilities in the U.S. with a total of 32 million storage units covering over 2.3 billion square feet of storage space. Florida has been a hotbed for storage construction, with dozens of new properties recently opening or under development. Tamarac is seeing the same trend, with a recent expansion of an existing site, plus two (2) new self -storage facilities constructed or under construction on W. McNab Road and the NE corner of Commercial Boulevard and Rock Island Road. In addition, staff has fielded many inquiries for potential development of self -storage facilities on vacant properties throughout the City. Currently, self -storage facilities are permitted by special exception in at least 3 zoning districts in Tamarac, which if not reviewed, could allow for the approval and construction of more self -storage facilities in a City of less than 12 square miles in size. In order to prevent the proliferation of self -storage facilities spreading too far, too fast, it is necessary to study the issue and develop a proposal to amend the Code in a way that may preclude permits and approvals of the use in certain locations in the City. Any authorization or approval of Self -Storage Facility use before the proposed amendment is decided may be detrimental to the public interest. 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. It is therefore necessary and in the public's best interest to study self -storage facility uses and create a long-term strategy to ensure adequate placement and access to such uses and services are provided. The Page 1 of 2 "zoning in progress" is intended to allow staff sufficient time to study the provision and location of these uses to ensure that there is a balance between the existing residential uses and the projected demand for the location of self -storage facilities, and to further amend the Code where appropriate in a way that may preclude permits and approvals of the use in certain locations in the City. Any authorization or approval of Self -Storage Facility use before the proposed amendment is decided may be detrimental to the public interest. ORDER 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 and acceptance of applications for administrative review, land development permits, and building permits for the use of land for new self -storage facilities (indoor) within the City's municipal boundaries. All previously submitted applications pending at the time of the effective date of the Zoning in Progress is hereby exempt. 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 that there is a balance between the existing residential uses and the projected demand for the location of self -storage facilities located within the City of Tamarac and to further amend the Code where appropriate in a way that may preclude permits and approvals of the use in certain locations in the City; 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. 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 February 8, 2023, for review and adoption of a Resolution confirming this administrative order. Effective date: January 23, 2023 Expiration date: July 21, 2023 Contact: Maher Mansour, Assistant Director Community Development Department Planning and Zoning Division (954) 597-3530 Approved bIthleen 4��_ Gunn, City ager City of Tamarac, Florida Page 2 of 2