HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-064Temp. Reso. No. 13949
June 14, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - �70
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING A REASONABLE TIME
EXTENSION OF THE ZONING IN PROGRESS OF ONE HUNDRED AND
EIGHTY (180) DAYS, IN ACCORDANCE WITH CHAPTER 10, SECTION
10-5.4(U)(3)(b)(iii) OF THE CITY OF TAMARAC CODE OF ORDINANCES;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE
FURTHER STUDY AND REVIEW OF THE CITY'S REGULATIONS
RELATING TO LIQUOR STORES, VAPE OR SMOKE SHOPS; AND
BAR, LOUNGE, OR TAVERN; PROVIDING THAT UPON THE ADOPTION
OF THIS RESOLUTION EXTENDING THE ZONING IN PROGRESS AN
ADDITIONAL ONE HUNDRED AND EIGHTY (180) DAYS, NO PERMITS
OR APPLICATIONS SHALL BE ISSUED OR PROCESSED FOR LIQUOR
STORES, VAPE OR SMOKE SHOPS; AND BAR, LOUNGE, OR TAVERN
WITHIN THE CITY OF TAMARAC FOR A TOTAL OF THREE HUNDRED
SIXTY (360) DAYS FROM THE DATE OF THE ADMINISTRATIVE
ORDER, CONSISTENT WITH 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;
L e]
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
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
Temp. Reso. No. 13949
June 14, 2023
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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
WHEREAS, on January 11, 2023, the City Commission adopted Temporary
Resolution No. 13885 affirming and ratifying the City Manager's administrative order
dated December 22, 2022; and
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June 14, 2023
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WHEREAS, at the April 24, 2023 City Commission workshop, staff presented a
review of their research and findings, including general proposed recommendations
regarding the location, proliferation and distance separation of these uses within the City's
municipal boundaries, and the City Commission directed staff to extend their research to
include these uses not only in the City but also in adjacent municipalities; and
WHEREAS, the City Manager believes another reasonable time extension of an
additional one hundred and eight (180) days for a total of three hundred sixty (360) days
from the date of the Administrative Order, as allowed by Section 10-5.4(U)(3)(b)(iii) is an
acceptable reasonable time based upon the time needed to enable the City's professional
staff to properly distinguish liquor stores, and vape or smoke shops from the broad "Retail"
category, in addition to the bar, lounge, or tavern uses, and allow for their proper
placement an distance separation in the appropriate zoning designations to avoid their
proliferation within the City's municipal boundaries; and
WHEREAS, the reasonable time extension would commence June 20, 2023" and
end December 17, 2023; and
WHEREAS, the City Commission approves the City Manager's request and hereby
finds that the three hundred sixty (360) day time limitation is reasonable and serves 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 attached hereto are incorporated herein and made a specific part
of this Resolution.
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June 14, 2023
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Section 2. The Zoning in Progress is hereby extended from one hundred eighty
(180) days to three hundred sixty (360) days with a new expiration date of December 17,
2023, 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 3. That the City Commission hereby directs the City Manager to
continue to study and review the uses of liquor stores and vape or smoke shops from the
broad "Retail" category, in addition to the bar, lounge, or tavern uses, and allow for their
proper placement and distance separation in the appropriate zoning designations to avoid
their proliferation within the City's municipal boundaries.
Section 4. The City Commission hereby authorizes and directs the appropriate
City Officials to do all things necessary and expedient to effectuate the intent of this
Resolution.
Section 5: That all Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section & If any clause, section, or other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 7. This Resolution shall become effective immediately upon its passage
and adoption.
Temp. Reso. No. 13949
June 14, 2023
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA
THIS Iti'll- DAY OF T(�tN1
ATTEST:
BERLY DILL , CMC
ITY CLERK
CITY OF TAMARAC FLORIDA
1
MICHELLE J GOMEZ,
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1:
V/M BOLTON
DIST 2:
COMM. WRIGHT��S
DIST 3:
COMM. VILLALOBOS
'JIBS
DIST 4:
COMM. DANIEL
_'Aelel
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITY OF TAMARAC ONLY.
HANA OTTI NOT,
CITY ATTORNEY
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.
nRnFR
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
4�Approved by:
Kathleen Gunn, City Manager
City of Tamarac, Florida
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