HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-011Temp. Ord. #2525
May 10, 2023
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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
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May 10, 2023
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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
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May 10, 2023
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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
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May 10, 2023
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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
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May 10, 2023
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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
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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
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May 10, 2023
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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).
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(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
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[INTENTIONALLY LEFT BLANK]
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May 10, 2023
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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]
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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.
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[INTENTIONALLY LEFT BLANK]
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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.