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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-011Temp. Ord. #2525 May 10, 2023 Page 1 of 12 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2023 - P1 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA TERMINATING THE ZONING IN PROGRESS ON NEW SELF -STORAGE FACILITIES BY AMENDING CHAPTER 10, ARTICLE 3, OF THE CITY OF TAMARAC LAND DEVELOPMENT CODE, ENTITLED "USE REGULATIONS", AMENDING SECTION 10-3.2, ENTITLED "TABLE OF ALLOWED USES", BY SPECIFICALLY AMENDING TABLE 10-3.1, ENTITLED "ALLOWED USES" TO PROHIBIT SELF -STORAGE FACILITIES IN ALL ZONING DISTRICTS BY INSTITUTING A BAN ON NEW SELF -STORAGE FACILITES WITHIN THE CITY OF TAMARAC,- PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, self -storage continues to be one of the most rapidly growing and desirable sectors of commercial real estate development; and WHEREAS, the unprecedented growth of the industry has been attributed to various consumers including renters, homeowners, students, businesses, and transitional populations driving demand for self -storage rentals; and WHEREAS, South Florida has been a hotbed for self -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 the recent completion of two (2) new self -storage facilities on W. McNab Road and the NE corner of Commercial Boulevard and Rock Island Road; and WHEREAS, Staff continues to field many inquiries for potential development of self -storage facilities on vacant properties throughout the City; and Temp. Ord. #2525 May 10, 2023 Page 2 of 12 WHEREAS, there are currently four (4) self -storage facilities within the City of Tamarac all of which are located within less than a five (5) mile radius along the city's major corridors intended for a more integrated mix of uses to enhance Tamarac's economic redevelopment viability; and WHEREAS, self -storage facility uses are typically single use structures that require either significant lot coverage or vertical building height for effective development and the City desires to develop a robust mixed -use corridor along its major thoroughfares while also promoting the expansion of new businesses in its industrial centers and business parks; and WHEREAS, on January 23, 2023, the City Manager issued 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 for a period of one hundred and eighty (180) days to allow Staff to study the issue and develop a proposal to amend the Code to address location of the use and its impact on economic development activity; and WHEREAS, per the City's Land Development Code, self -storage facilities are currently permitted by special exception in three (3) zoning districts in Tamarac, and there are self -storage facilities currently operating within the City's municipal boundaries with vacancy for additional storage; and WHEREAS, Staff also identified thirteen (13) additional self -storage facilities within the immediate surrounding area in neighboring municipalities possessing varying Temp. Ord. #2525 May 10, 2023 Page 3of12 levels of vacancy for self -storage with some locations less than one half ('/2) mile from Tamarac's municipal borders; and WHEREAS, the City has implemented Zoning in Progress for Self -Storage uses consistent with the City Manager's Administrative Order which became effective on January 12, 2023, and now desires to institute a ban on the establishment of new Self - Storage facilities within the City of Tamarac; and WHEREAS, institution of the ban will preclude the issuance of any permits or development approvals for new self -storage facilities within the City of Tamarac freeing up the opportunity for potential mixed -use development on the city's larger plots of vacant land targeted for infill redevelopment in alignment with the desired goals of the City's Economic Development Strategic Plan; and WHEREAS, Staff is recommending that Section 10-3.2, Table 10-3.1 entitled "Allowed Uses" be amended to reflect the prohibition of "Self -Storage, Indoor" uses in every zoning district effectively banning the development of any additional Self -Storage facilities within the City of Tamarac; 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 WHEREAS, it is necessary and, in the public's best interest to protect the economic viability of Tamarac's limited land resources and continue to encourage uses that enhance the city's opportunity to support the development and redevelopment of mixed -use housing, restaurants, service -oriented and other commercial mixed -use retail Temp. Ord. #2525 May 10, 2023 Page 4 of 12 centers in addition to attracting employment centers to its business and industrial parks; and WHEREAS, the Director of Community Development recommends approval of the ordinance; and WHEREAS, this item also supports the City's Strategic Plan, Goal #4 "Tamarac is Vibrant" by addressing the regulation of nonresidential uses and their impact on the surrounding community; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the business owners, residents, and visitors of the City of Tamarac to amend Chapter 10, Article 3, Section 10-3.2, entitled "Table of Allowed Uses" of the City's Code of Ordinances to prohibit self -storage facilities in all zoning districts by instituting a ban on new self -storage facilities within the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1: The foregoing recitals are true and correct and hereby adopted as the legislative and administrative findings of the City Commission; all exhibits attached hereto are incorporated herein and made a specific part of this Ordinance. SECTION 2: Chapter 10, Article 3, Section 10-3.2 entitled "Table of Allowed Uses", of the City of Tamarac Land Development Code, specifically Table 10-3.1, is hereby amended as follows: 10-3.2 - Table of Allowed Uses Temp. Ord. #2525 May 10, 2023 Page 5 of 12 Table 10-3.1: Allowed Uses, lists the uses allowed within all base zoning districts. Each listed use is defined in Article 10-6, Rules of Interpretation and Definitions. (A) Table Abbreviations (1) Permitted Uses "P" in a cell in Table 10-3.1: Allowed Uses, indicates that the use is allowed by right. Permitted uses are subject to all other applicable regulations of this Code, including the use -specific standards in §10-3.3, Use -Specific Standards , the dimensional standards in Article 2: Zoning District, and the requirements of Article 4: Development and Design Standards. Permitted uses may be approved pursuant to the applicable procedures under Article 5: Administration. (2) Special Exception Uses "SE" in a cell in Table 10-3.1: Allowed Uses, indicates that the use is allowed in the respective zoning district only if reviewed and approved in accordance with the procedures of §10- 5.4(G), Special Exception . Special exception uses are subject to all other applicable regulations of this Code, including the use -specific standards in §10-3.3, Use - Specific Standards, the dimensional standards in Article 2 Zoning Districts, and the requirements of Article 4: Development and Design Standards. (3) Prohibited Uses. A blank cell in Table 10-3.1: Allowed Uses, indicates that the land use is prohibited in that zoning district. (4) Accessory Uses "A" in a cell in Table 10-3.1: Allowed Uses, indicates that the land use is allowed in that zoning district only if it is incidental and subordinate to a permitted primary use of the land in that district (i.e., a P or SE use that has been approved for the site), and subject to compliance with the applicable standards in §10- 3.4, Accessory Uses and Structures. (5) Temporary Uses "T" in a cell in Table 10-3.1: Allowed Uses, indicates that the use is permitted in that zoning district for a temporary amount of time and only after approval of a Temporary Use Permit (§10-5.4(K)) and Temp. Ord. #2525 May 10, 2023 Page 6 of 12 subject to compliance with the applicable standards in §10- 3.5, Temporary Uses and Structures. (B) Use Categorization. In Table 10-3.1: Allowed Uses, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories. Certain uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory. (C) Use -Specific Standards. Regardless of whether a use is allowed by right or as a special exception, additional standards may be applicable to the use. Use -specific standards are noted through a cross-reference in the last column of the table. Cross-references refer to §10-3.3, Use - Specific Standards . These standards apply in all districts unless otherwise specified. (D) Use for Other Purposes Prohibited. Approval of a use listed in Table 10-3.1: Allowed Uses, and compliance with the applicable use -specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 10-3.1: Allowed Uses, and approved under the appropriate process is prohibited. (E) Classification of New and Unlisted Uses. When application is made for a use category or use type that is not specifically listed in Table 10-3.1, the following procedure shall be followed: (1) The Director shall provide an interpretation as to the use category and/or use type into which such use should be placed. In making such interpretation, the Director shall consider its potential impacts, including but not limited to: the nature of the use and whether it involves Temp. Ord. #2525 May 10, 2023 Page 7 of 12 dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer. When considering an unlisted use in any zoning district as part of an interpretation, the Director shall also determine whether additional use -specific standards are necessary in addition to the standards in this Code. (2) Any such interpretation shall be made available to the public and shall be binding on future decisions of the City until the Director makes a different interpretation, or this Development Code is amended to treat the use differently. (3) On interpreting an unlisted use as allowed in a zoning district, and finding that the use is likely to be common or would lead to confusion if it remains unlisted, the Director may initiate an application for a text amendment to this Code in accordance with §10-5.4(D) , Amendment to Text of Development Code, to list the use in Table 10-3.1: Allowed Uses, as a permitted use or special exception use, as appropriate. Until final action is taken on the amendment application, the interpretation of the Director shall be binding. (F) Multiple Principal Uses (1) A development may include a single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., home occupation as accessory to a dwelling, or administrative offices as accessory to a school or manufacturing use). (2) A development may also include multiple principal uses, none of which is necessarily customarily incidental or subordinate to another principal use (e.g., a place of worship combined with a school, a gas station combined with a convenience store, restaurant, or automotive repair use, or a flex building housing retail, industrial service, and warehousing tenants). Temp. Ord. #2525 May 10, 2023 Page 8 of 12 (3) A development with multiple principal uses shall include only those principal uses designated in the use tables as allowed in the applicable zoning district, and each principal use shall be subject to any use -specific standards applicable to the use. (G) Licenses and Permits Required. All uses required by the State of Florida or the federal government to have an approval, license, or permit to operate issued by the State or by another public, quasi -public, or regulatory agency are required by the City of Tamarac to obtain and maintain such approval, license, or permit at all times. (H)Table of Allowed Uses Table 10-3.1 ********************************************************* [INTENTIONALLY LEFT BLANK] Temp. Ord. #2525 May 10, 2023 Page 9 of 12 Communications Broadcast studio SE P P P Communication P P facility Motion picture SE P studio Industrial Building material P P Services sales, indoor retail Building material P P sales, outdoor or wholesale Industrial service, P P general Laboratory, P research Mfg. and Assembly, light P P P Production Food processing P P Manufacturing, P P P P artisan Manufacturing, P heavy Manufacturing, P P P light Utilities Utility facility, SE SE P P major Utility facility, P P P P P P P P P P P P P P minor Wind energy SE SE SE SE SE SE SE SE SE SE SE SE SE SE 10- conversion 3.3(E)(4) system [INTENTIONALLY LEFT BLANK] Temp. Ord. #2525 May 10, 2023 Page 10 of 12 Warehouse, Contractor's P P Wholesale, and storage yard and Freight supply Movement Distribution P center Food and other P P P products, wholesale Parcel delivery P P service Personal hobby P activity Self -storage, SE SE SE 1D- indoor 3.3(E)(3) Self -storage, outdoor Storage buildings P P P Wholesale P P P establishment SECTION I 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 4: It is the intention of the City Commission of the City of Tamarac, Florida 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 5: 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 & This Ordinance shall become effective upon adoption. Temp. Ord. #2525 May 10, 2023 Page 11 of 12 [INTENTIONALLY LEFT BLANK] Temp. Ord. #2525 May 10, 2023 Page 12 of 12 PASSED, FIRST READING this c�&� day of "R'lL , 2023. PASSED, SECOND READING this 10"C` day of Mfi--'J , 2023. ATTEST: -1- Kf4kERLY OILLON, CMC CITY CLERK MICH LLE J. GOME MAYOR RECORD OF COMMISSION VOTE: 1 ST Reading MAYOR GOMEZ 11 DIST 1: V/M BOLTON DIST 2: COMM WRIGHT_ DIST 3: COMM VILLALOBOS DIST 4: COMM. DANIEL RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ DIST 1: V/M. BOLTON DIST 2: COMM. WRIGHT DIST 3: COMM VILLALOBOS "ice DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CI OF TAMARAC ONLY: H S T NOT CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk on this day of 2023.