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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-020Temp Ord. No. 2538 October 4, 2023 Page 1 of 12 CITY OF TAMARAC, FLORIDA ID -ORDINANCE NO. - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TERMINATING "ZONING IN PROGRESS" BY AMENDING CHAPTER 10, ARTICLE 3, OF THE CITY OF TAMARAC LAND DEVELOPMENT CODE, ENTITLED "USE REGULATIONS", BY AMENDING SECTION 10-3.2, ENTITLED "TABLE OF ALLOWED USES", BY SPECIFICALLY AMENDING TABLE 10-3.1, BY CREATING A NEW "USE TYPE" UNDER "RETAIL SALES" FOR "VAPE/SMOKE SHOP AND LIQUOR STORE" AND PERMITTING "VAPE/SMOKE SHOP AND LIQUOR STORE" AS "SPECIAL EXCEPTION" IN THE MU-N (MIXED USE NEIGHBORHOOD), MU-C (MIXED USE CORRIDOR), MU-G (MIXED USE GENERAL), AND NC (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICTS; AND AMENDING SECTION 10-3.3, ENTITLED "USE -SPECIFIC STANDARDS", BY CREATING SECTION 10- 3.3(D)(15)(e), ENTITLED "VAPE/SMOKE SHOP AND LIQUOR STORE", TO PROVIDE FOR A MINIMUM SEPARATION DISTANCE BETWEEN SIMILAR USES OF THIS "USE TYPE" AND FROM THE REAL PROPERTY THAT COMPRISES A PUBLIC OR PRIVATE PRESCHOOL, ELEMENTARY SCHOOL, MIDDLE SCHOOL, OR SECONDARY SCHOOL WITHIN THE CITY'S MUNICIPAL BOUNDARIES AND NEIGHBORING CITIES; AND BY CREATING SECTION 10-3.3(D)(15)(f), ENTITLED "BAR, LOUNGE OR TAVERN", TO PROVIDE FOR A MINIMUM SEPARATION DISTANCE BETWEEN SIMILAR USES OF THIS "USE TYPE" AND FROM THE REAL PROPERTY THAT COMPRISES A PUBLIC OR PRIVATE PRESCHOOL, ELEMENTARY SCHOOL, MIDDLE SCHOOL, OR SECONDARY SCHOOL WITHIN THE CITY'S MUNICIPAL BOUNDARIES AND NEIGHBORING CITIES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section (1)(f) of the Florida Constitution and Section 125.01, Florida Statutes, grants local municipalities broad home rule authority to adopt ordinances to provide for health, safety, and welfare of the general public; and CODING: Words in stFeke thmuo type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 2 of 12 WHEREAS, the City of Tamarac has adopted a local Code of Ordinances, which serves as the regulatory document outlining the establishment and operation of land uses within the municipality; and WHEREAS, the City has duly established land development regulations contained in the Land Development Code (LDC), Chapter 10 of the City of Tamarac Code of Ordinances; and WHEREAS, At the December 14, 2022 City Commission meeting, Staff was directed to study the impact of the retail classifications of liquor store, vape and smoke shop, as well as the use of bar, lounge or tavern in the City, and determine whether these uses are appropriately classified and distributed; and WHEREAS, On December 22, 2022, the City Manager issued an Administrative Order declaring a one hundred and eighty (180) days "Zoning in Progress" on the submission, processing, approval or issuance of any new business tax receipts, development orders or permits for any liquor store, vape and smoke shop, as well as the use of bar, lounge, or tavern within the City's municipal boundaries; and WHEREAS, at the April 24, 2023 City Commission workshop, staff was directed to study imposing minimum distance separation between proposed vape/smoke shops and liquor stores and existing vape/smoke shops and liquor stores; and between proposed bars, lounges, or taverns and existing bars, lounges, or taverns within the City and neighboring cities to prevent the clustering of similar "Use Types"; and WHEREAS, at the April 24, 2023 City Commission workshop, staff was also CODING: Words in strike throuo type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 3 of 12 directed to further study imposing minimum distance separation between liquor stores, vape and smoke shops; as well as between bars, lounges or taverns and the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City and neighboring cities to ensure that minors are not exposed to alcohol and tobacco products and the potential harm that could result from their misuse; and WHEREAS, On June 14, 2023, the City Commission approved a one hundred eighty (180) days Reasonable Time Extension of the "Zoning in Progress" authorizing and directing the city manager to undertake further study and review of the city's regulations relating to liquor stores, vape and smoke shops; and bar, lounge, or tavern; and WHEREAS, Staff upon conducting the necessary study has determined that amending Section 10-3.2, entitled "Table of Allowed Uses", by specifically amending Table 10-3.1, by creating a new "Use Type" under the "Use Category" of "Retail Sales" for "Vape/Smoke Shop and Liquor Store" will allow for regulating this specific "Use Type" in a more exact manner; and WHEREAS, Staff upon conducting the necessary spatial analysis, has determined that amending section 10-3.3, entitled "Use -Specific Standards", by specifically creating section 10-3.3(D)(15)(e), entitled "Vape/Smoke Shop and Liquor Store", to provide for a minimum separation distance between similar uses of this "Use Type" and from the real property that comprises a public or private preschool, elementary school, middle school, CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 4 of 12 or secondary school within the City's municipal boundaries and neighboring cities will prevent the clustering of similar uses of this "Use Type" and ensure that minors are not exposed to alcohol and tobacco products and the potential harm that could result from their misuse ; and WHEREAS; amending section 10-3.3, entitled "Use -Specific Standards", by specifically creating section 10-3.3(D)(15)(f), entitled "Bar, Lounge or Tavern", to provide for a minimum separation distance between similar uses of this "Use Type" and from the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City's municipal boundaries and neighboring cities will prevent the clustering of similar uses of this "Use Type" and ensure that minors are not exposed to alcohol and the potential harm that could result from its misuse; and WHEREAS, the proposed amendment supports the City's Strategic Plan Goal #2 "Tamarac is Safe and People Know it", Goal #3, "Tamarac is Economically Resilient", and Goal #4, "Tamarac is Vibrant", by adequately addressing the classification and distribution of Vape/Smoke Shop and Liquor Store "Use Types", and Bar, Lounge or Tavern "Use Types"; and WHEREAS, the Director of Community Development recommends approval of the ordinance amendment; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the business owners, residents, and visitors to the City of Tamarac to amend its LDC in order to regulate the distribution and provide for a minimum distance CODING: Words in shrike threug" type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 5 of 12 separation between Vape/Smoke Shops and Liquor Stores and similar uses of this "Use Type" and from the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City's municipal boundaries and adjacent cities; and WHEREAS, the City Commission of the City of Tamarac has also deemed it to be in the best interest of the business owners, residents, and visitors to the City of Tamarac to amend the LDC in order to regulate the distribution and provide for a minimum distance separation between bars, lounges and taverns and similar uses of this "Use Type" and from the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City's municipal boundaries and adjacent cities NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1: The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The zoning in Progress is hereby terminated by amending Chapter 10, Section 10-3.2, entitled "Table of Allowed Uses" of the LDC, is amended to read as follows: 10-3.2 Table of Allowed Uses 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 CODING: Words in strike thrni,,,h type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 6 of 12 (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 2Zoning 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 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. CODING: Words in strife throi,,,h type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 7 of 12 (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 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 based business 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). (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, CODING: Words in strike threugh type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 8 of 12 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 Retail Sales Bulk pool P P 10- chemical sales 3.3(D)(6 Equipment sales P P and repair, heavy Farmer's market, P P P P T outdoor Medical 10- Marijuana 3 3(D)(15) Dispensary Nursery Pawn shop Personal and P P P P P 10- household 3.3(D)(12) nods repair Pharmacy SE A A SE A Print shop P P P P Retail sales, P P P P P P A A 10- general < 3 3(D)(15) 10,000 sq ft. Retail sales, P P P P 10- general >10,000 3.3(D)(15) sq ft Thrift, A SE A consignment, and used merchandise Vape/Smoke SE SE SE SE Shop and Liquor Store SECTION 3: Chapter 10, Section 10-3.3, entitled "Use -Specific Standards" of the CODING: Words in strike thrni.,,h type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 9 of 12 LDC, is amended to read as follows: 10-3.3 Use -Specific Standards ********************************************************* (D) Commercial Uses (15) Retail (a) Adaptive Reuse/Abandonment Agreement. Prior to receiving final approval, large-scale retail uses that are 50,000 square feet or more, either in one building or in contiguous shopping center, excluding any garden center, shall require that the owner of the property execute and have recorded an adaptive reuse/abandonment agreement acceptable to the City Attorney. The agreement shall be recorded with the county clerk and recorder's office. The agreement may contain, but is not limited to, terms and conditions regarding: (i) A requirement that no covenants, conditions, or restrictions be recorded against or run with the property that in any way impede or prevent the re -use, redevelopment, or re -tenanting of the building in the event of vacancy; (ii) The owner's obligations to reuse, re -tenant, or pay for removal of the building in the event of vacancy within an agreed -upon time frame with the City; (iii) Property maintenance responsibilities in the event of vacancy; and (iv) Enforcement of the agreement and remedies available to the city in the event of breach or other noncompliance. (b) 1-1 District. In the 1-1 district, retail is limited to: (i) Ancillary commercial uses within buildings devoted to primary industrial uses; and (i i) Other commercial and retail business uses and hotel or similar lodgings under the conditions specified in the Broward County Land Use Plan and the certified city land use plan. (c) R3 District. The use shall be allowed in the R3 district subject to compliance with the Broward County Land Use Plan. (d) Medical Marijuana Dispensary. (i) No medical marijuana dispensary, where permitted, shall be located within five hundred (500) feet of the real property that comprises a CODING: Words in strike thFough type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 10 of 12 public or private elementary school, middle school, or secondary school unless the city approves the location through a formal variance proceeding open to the public at which the city determines that the location promotes the public health, safety and general welfare of the community. (i i) Measurement shall be from the property line boundary of the proposed medical marijuana dispensary to the nearest point of the property line boundary of the private or public elementary, middle or secondary school. (iii) No medical marijuana dispensary is permitted to dispense from its premises marijuana or a marijuana delivery device between the hours of 9.00 p.m. and TOO a.m. (iv) All medical marijuana dispensary establishments offering or providing retail services within the city shall be duly licensed by the state under F.S. §381.986, and shall operate, provide security, signage and general conformance with F.S. §381.986, as amended. (v) A business license shall be required for all medical marijuana dispensaries, assessed at the same fee rate consistent with that of pharmacies. (e) Vape/Smoke Shop and Liquor Store. (i) No vape/smoke shop and liquor store, where permitted, shall be located within one thousand (1,000) feet of an existing vape/smoke shop and liquor store and/or the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City's municipal boundaries and neighboring cities. (ii) Whenever an existing vape/smoke shop or liquor store has procured a business tax receipt and a certificate of occupancy and, thereafter, a public or private preschool, elementary school, middle school, or secondary school is established within the distance separation set forth in Section 10-3.3(D)(15)(e)(i), the establishment of such preschool or school shall not be cause for the discontinuance or classification as a nonconforming use of the existing vape/smoke shop or liquor store. (iii) Measurement shall be from the property line boundary of the proposed vape/smoke shop and liquor store to the nearest point of the property line boundary of the existing vape/smoke shop and liquor store and/or the real property that comprises a public or private preschool elementary school, middle school, or secondary school within the City's municipal boundaries and neighboringcities. (f) Bar, Lounge or Tavern. (i) No bar, lounge, or tavern, where permitted, shall be located within one thousand (1,000) feet of an existing bar, lounge, or tavern and/or the real property that comprises a public or private preschool, elementary CODING: Words in str"ke theme u^" type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 11 of 12 school, middle school, or secondary school within the City's municipal boundaries and neighboring cities. (ii) Whenever an existing bar, lounge or tavern has procured a business tax receipt and a certificate of occupancy and, thereafter, a public or private preschool, elementary school, middle school, or secondary school is established within the distance separation set forth in Section 10-3.3(D)(15)(f)(i), the establishment of such preschool or school shall not be cause for the discontinuance or classification as a nonconforming use of the existing bar, lounge, or tavern. (iii) Measurement shall be from the property line boundary of the proposed bar, lounge, or tavern to the nearest point of the property line boundary of an existing bar, lounge, or tavern and/or the real property that comprises a public or private preschool, elementary school, middle school, or secondary school within the City's municipal boundaries and neighboring cities. SECTION 4: It is the intention of the City Commission of the City of Tamarac 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 to accomplish such intention. SECTION 5: That 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 6: 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. CODING: Words in stFike through type are deletions from existing law; Words in underlined type are additions. Temp Ord. No. 2538 October 4, 2023 Page 12 of 12 SECTION 7: This Ordinance shall become effective upon adoption. PASSED, FIRST READING this ( l�C- day of ©CTaf3G�- , 2023. PASSED, SECOND READING this a54kday of 0 , 2023. ATTEST: KIMBERLY DI LON, CMC CITY CLERK U MICHIILLE J. GOMEZ, MA OR RECORD OF COMMISSION VOTE MAYOR GOMEZ DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL RECORD OF COMMISSION VOTE 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 CITY OF TAMARAC ONLY. OTTPNOT, ATTORNEY 1 ST Reading pio 2ND Reading NO This Ordinance was filed in the Office of the City Clerk on this X` day of octo5ev- 2023. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions.