Loading...
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 Page 2 of 9 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 Page 3 of 9 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 Page 4 of 9 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 Page 5of9 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 Temp. Ord. No. 2369 October 25, 2017 Page 6 of 9 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 Temp. Ord. No. 2369 October 25, 2017 Page 7 of 9 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 Temp. Ord. No. 2369 October 25, 2017 Page 8 of 9 "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 L Temp. Ord. No. 2369 October 25, 2017 Page 9 of 9 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