HomeMy WebLinkAboutCity of Tamarac Ordinance O-2017-014Temp. Ord. No. 2369
October 25, 2017
Page 1 of 9
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2017 - 11Y
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 24 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "ZONING" BY AMENDING
ARTICLE III, DIVISION 19 ENTITLED "BUSINESS AND
COMMERCIAL USES MASTER LIST " BY SPECIFICALLY
AMENDING SECTION 24-434 ENTITLED "PERMITTED USES
MASTER LIST", TO ESTABLISH FAST CASUAL DINING
RESTAURANT WITH OR WITHOUT DRIVE -THROUGH AS A
PERMITTED USE SUBJECT TO SPECIAL EXCEPTION
APPROVAL BY THE CITY COMMISSION IN THE MXD, MIXED
USE ZONING DISTRICT, IN CONFORMITY WITH THE CITY OF
TAMARAC COMPREHENSIVE PLAN; PROVIDING FOR
CODIFICATION PROVIDING FOR CONFLICTS- PROVIDING FOR
SEVERABILITY� AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac (the "City") seeks to amend its land use
development regulations to establish fast casual dining restaurant with or without drive -
through as an enumerated use in the City's Permitted Uses Master List subject to the
issuance of a Special Exception approved by the City Commission in the MXD (Mixed
Use District); and
WHEREAS, Policy 1.2a of the Future Land Use Element of the City's
Comprehensive Plan allows commercial uses as a portion of dedicated acreage within
the Local Activity Center Land Use designation; and
WHEREAS, the purpose and intent of the MXD (Mixed Use District) is to create
vibrant social and economic centers within the City by encouraging the mixture of
complimentary mixed -used development such as housing, retail, office, commercial
services, recreational and civic uses; and
Temp. Ord. No. 2369
October 25, 2017
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WHEREAS, restaurants of all types, including fast casual dining establishments,
play an essential role in the business, social, intellectual and artistic life of a thriving
community and are a component of commercial services; and
WHEREAS, fast casual dining is currently one of the fastest growing trends in the
restaurant industry, with a slightly more upscale atmosphere than fast food franchises;
M-N
WHEREAS, the City recognizes that fast casual dining restaurants can enhance
economic centers and have a synergistic effect alongside other complimentary uses,
both existing and proposed in the MXD, (Mixed Use District); and
WHEREAS, fast casual dining restaurant, (with or w/o drive through) is currently
not enumerated in the Permitted Use Master List under Section 24-434 of the City's
Code in the MXD (Mixed Use District); and
WHEREAS, the City Commission finds that amending the Code to establish fast
casual dining restaurant with or without drive -through as an enumerated use in the
Permitted Uses Master List, subject to the issuance of a Special Exception approved by
the City Commission in the MXD (Mixed Use District) is consistent with the goals,
objectives and policies of the Comprehensive Plan of 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 hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption
LJ
Temp. Ord. No. 2369
October 25, 2017
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hereof.
SECTION 2. That Chapter 24, Article III, Division 19, Section 24-434 entitled
"Permitted uses master list" of the City of Tamarac Code of Ordinances is hereby
amended as follows:
Sec. 24-434. Permitted uses master list.
(a) "P" indicates that the use is allowable by right, subject to the standards of the Code
of Ordinances;
(b) "SE" indicates that the use is a special exception ("SE") that may be allowed in the
district; and
(c) A "blank space" indicates that the use is prohibited.
Notes: P = Permitted Use; SE = Special Exception; Blank = Prohibited
B-1
B-2
B-3
B-5
MXD
CATEGORY/USE
Neighborhood
Community
General
Limited
B-6
Mixed
Business
Business
Business
Business
Business
Use
Residential
i_
I Dwelling, single
family
Dwelling,
multifamily
P
1 Dwelling, two-
family
Rowhouse
I
P
I Townhouse
1
P
Mobile home park
I
Temp. Ord. No. 2369
October 25, 2017
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Residence hall or
P
P
dormitory
Community
residential home,
P
P
P P P
type 1 (6 or less
residents)
Community
residential home,
P
P
P P P
type II (7-14)
Assisted living
facility (1 or more
P
P
P P P
residents)
Retail
and commercial
Adult entertainment
SE
Antique shop
P
P
P
P P
P
Appliance and
electronics store,
P
P
P
service and
installation
Auto repair,
SE
general
Automobile
SE
dealership
Auto rental,
SE
SE
accessory
Auto service
station and minor
SE
SE
repairs
I
I
C
I
Temp. Ord. No. 2369
October 25, 2017
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Auto tire sales and
installation
i
SE
SE
Bakery
P
P
P
P P
P
Barber/beauty
supplies and
P
P
P
P P
P
equipment sales
i
3
Bicycle sales and
P
P
P
P P
{ repair
E
}
Boat and marine
sales
1
Bookstore
P
P
P
P P
P
Car wash/auto
detailing
3
I
SE
Clothing and
accessory store
P
P
P
P P
P
Consignment shop
P
P
Convenience store
w/gas sales
SE
SE
Department store
P
P
P
Discount
J department store
P
P
Drugstore or
P
P
P
pharmacy, general
P P
P
' Farm equipment
and sales
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October 25, 2017
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Feedstore
..._ _ ..............._.......
.
Floral or florist
P
p P
P P
P
shop
Fruit and vegetable
P
P P
P
market
Gift and card shop
P
P P
P P
P
Grocery store,
P
P P
P P
P
I retail
Hardware, paint,
glass, wallpaper
P
P P
P
and floor covering
store
Hobby, fabric, and
P
P P
P
craft shop
Hotels
P P
Jewelry store,
including repair of
P
P P
P
jewelry and clocks
Landscape,
nursery, and
SE P
garden supplies
Lawn mower sales
P
P P
and repair
Lumberyard and
building materials
Machinery, tools,
and construction
equipment sales
E
1
C
1
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October 25, 2017
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and service
Medical and dental
supply sales
P
P
P
P
P
Motorcycle sales
and service
SE
Nightclub, bar, or
lounge
SE
SE
SE
Pet grooming shop
P
P
P
p
Pottery shop
P _
P
p
_ P
I Recreational
vehicle park
Restaurant
P
P
P
P
P
P
Restaurant, fast
food (with or w/o
SE
SE
SE
drive -through)
Restaurant, fast
SE
casual dining (with
or w/o drive-
through)
SECTION 3. Codification. 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
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October 25, 2017
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"Section", "Article" or such other word or phrase in order to accomplish such intention.
SECTION 4. Conflicts. 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 5. Severability. 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 6. Effective Date. This Ordinance shall become effective upon
adoption.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
1
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Temp. Ord. No. 2369
October 25, 2017
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PASSED, FIRST READING this f �
4 day of�7Ae"i 2017
PASSED, SECOND READING this / day of 2017.
ATTEST:
CITY CLERK
iriATRICIATEUri,m
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
4/SUEL S. GOREN
CITY ATTORNEY
HARRY DRESSLER,
MAYOR
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR DRESSLER /f
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ _
DIST 3: COMM. FISHMAN '41
DIST 4: V/M PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO