HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-095 Temp. Reso. No. 13297
June 11, 2019
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2019 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AFFIRMING AND RATIFYING THE CITY
MANAGER'S ADMINISTRATIVE ORDER DATED JUNE 6, 2019,
ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN,
DECLARING ZONING IN PROGRESS AND INSTITUTING A 180-DAY
MORATORIUM ON THE SUBMISSION, PROCESSING, APPROVAL, OR
ISSUANCE OF ANY NEW LICENSES, BUSINESS TAX RECEIPTS,
DEVELOPMENT ORDERS OR PERMITS FOR ANY USE CLASSIFIED AS
THRIFT, CONSIGNMENT, AND USED MERCHANDISE IN THE CITY OF
TAMARAC, IN ACCORDANCE WITH CHAPTER 10, SECTION 10-5.4(U)
OF THE CITY OF TAMARAC CODE OF ORDINANCES; AUTHORIZING
AND DIRECTING THE CITY MANAGER TO UNDERTAKE STUDY AND
REVIEW OF THE CITY'S REGULATIONS RELATING TO
INCOMPATIBILITY OF CERTAIN USES WITHIN THE MIXED USED
ZONING DISTRICTS IN THE CITY OF TAMARAC ; PROVIDING THAT
UPON THE ADOPTION OF THIS RESOLUTION AFFIRMING THE
ADMINISTRATIVE ORDER, NO PERMITS OR BUSINESS LICENSES
SHALL BE ISSUED FOR ANY NEW THRIFT, CONSIGNMENT OR USED
MERCHANDISE RETAIL USES DURING THE TIME PERIOD COVERED
BY THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, establishments which sell used merchandise can prevent more goods
from going to landfills, extend the life of products still in working condition and offer hard
to find, one-of-kind merchandise to consumers; and
WHEREAS, these establishments can also encourage illegal dumping and
deteriorate the exterior appearance of shopping areas; and
WHEREAS, the appearance and locations of uses classified as thrift, consignment
or used merchandise, if not properly sited, can be detrimental to the City and can impact
the immediate preservation of the public peace, health and safety; and
WHEREAS, The City's Mixed Used Districts, and specifically the Mixed-Use
Corridor (MU-C) zoning designation is intended to encourage the development of mixed-
use activitycenters alongthe City's primarytransportation corridors and gateways; and
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Temp. Reso. No. 13297
June 11, 2019
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WHEREAS, the district is distinguished from the other Mixed-Use Districts, as it's
designed to accommodate a mix of retail, office, and service, institutional, cultural/public,
and entertainment developments that meet local and regional needs and are sensitively
designed to reflect a positive image of the City; and
WHEREAS, land uses such as thrift, consignment and used merchandise may
currently be established in the MU-C and MU-G zoning districts with only a simple
business license; and
WHEREAS, these types of potentially incompatible uses, if allowed to locate or
proliferate, can seriously erode the quality and vitality of our Mixed-Used Districts and
negatively impact revitalization; and
WHEREAS, the City Manager and the City's professional staff continuously
monitors and reviews the City's Comprehensive Plan and Land Development Code to
ensure appropriate development in the City, and from time to time recognizes the need
to study and amend aspects of same; and
WHEREAS, on June 6, 2019, the City Manager signed an Administrative Order
instituting a 180-day moratorium on the submission, processing, approval or issuance of
any new licenses, business tax receipts, development orders or permits for any use that
involves thrift, consignment or used merchandise within the City's municipal boundaries,
a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference;
and
WHEREAS, pursuant to Section 10-5.4(U) of the City of Tamarac Code of
Ordinances, the City Manager, subject to the confirmation by the City Commission
pursuant to this Resolution, has imposed a prohibition on the submission, processing,
approval or issuance of any new licenses, business tax receipts, development orders or
Temp. Reso. No. 13297
June 11, 2019
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permits for any use that involves thrift, consignment or used merchandise within the City's
municipal boundaries for a period of one hundred and eighty (180) days from the date of
the Administrative Order; and
WHEREAS, such a prohibition for one hundred and eighty (180) days is the
minimum reasonable time based upon the time needed to enable the City's professional
staff to properly study the issues associated with the compatibility of thrift, consignment
and used merchandise uses in the mixed used zoning districts; and
WHEREAS, the City Commission approves of and affirms the City Manager's
Administrative Order, and hereby finds that the ratification of same is in 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 referenced and attached hereto are incorporated herein and made
a specific part of this resolution.
Section 2. That pursuant to Section 10-5.4(U) of the City of Tamarac Code of
Ordinances, ("Zoning in Progress"), the City Commission affirms and ratifies the City
Manager's June 6, 2019, Administrative Order prohibiting the submission, processing,
approval or issuance of any new licenses, business tax receipts, development orders or
permits for any use that involves thrift, consignment or used merchandise within the
corporate limits of the City of Tamarac.
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June 11, 2019
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Section 3. The Zoning in Progress shall cease at the earliest of the expiration
of one hundred and eighty (180) days from the issuance of the Administrative Order, 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 4. That the City Commission hereby directs the City Manager to study
and review regulations governing mixed-use districts and thrift, consignment and used
merchandise uses within the City of Tamarac.
Section 5. 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 6. This Resolution shall become effective immediately upon its passage
and adoption.
THIS PORTION OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Temp. Reso. No. 13297
June 11, 2019
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA
THIS (36 DAY OF 9i12' , 2019.
CITY OF TAMARAC FLORIDA
as/de
2 �,
MICH LLE J GOMEZ,
MAYOR
ATTEST:
(ON.
PATRICIA TEUFEL, C
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM GELIN
DIST 3: COMM. FISHMAN
DIST 4: VM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
1604
SA EL S. GOREN,
CITY ATTORNEY
TAMARAC
The City For Your Life
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 LICENSES, BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS OR
PERMITS FOR ANY USE CLASSIFIED AS THRIFT, CONSIGNMENT, AND USED
MERCHANDISE IN THE CITY OF TAMARAC.
BACKGROUND
While establishments which sell used merchandise can prevent more goods from going to landfills,extend
the life of products still in working condition and offer hard to find, one-of-kind merchandise to
consumers; they also encourage illegal dumping and deteriorate the exterior appearance of shopping
areas.The appearance and locations of uses classified as thrift, consignment or used merchandise, if not
properly sited, can be detrimental to the City and can impact the immediate preservation of the public
peace, health and safety.
The City's Mixed Used Districts, and specifically the Mixed-Use Corridor (MU-C) zoning designation is
intended to encourage the development of mixed-use activity centers along the City's primary
transportation corridors and gateways.The district is distinguished from the other Mixed-Use Districts,as
it's designed to accommodate a mix of retail, office, and service, institutional, cultural/public, and
entertainment developments that meet local and regional needs and are sensitively designed to reflect a
positive image of the City. Land uses such as thrift, consignment and used merchandise may currently be
established in the MU-C and MU-G zoning districts with only a simple business license. These types of
potentially incompatible uses, if allowed to locate or proliferate, can seriously erode the quality and
vitality of our Mixed-Used Districts and negatively impact revitalization efforts.
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 Districts and impact the implementation and development of the Economic Development Strategic
Plan Element of the City's Comprehensive Plan. It is therefore necessary and in the public's best interest
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to invoke Zoning in progress and institute an immediate moratorium to study the positive and negative
impacts of unrestricted thrift, consignment and used merchandise uses in the Mixed-Use Districts, to
prevent irreversible incompatible development from occurring, pending the adoption of an amendment
to the Code.
ORDER
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 licenses, business tax receipts, development orders or
permits for any use that involves thrift, consignment or used merchandise 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 Zoning
District is 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.
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 June 26, 2019, for review and adoption of a
Resolution confirming this Administrative Order.
Effective date:June 6,2019
Expiration date: December 3, 2019
Contact: Frank Zickar,Assistant Director
Community Development Department
Planning and Zoning Division
(954) 597-3530
Approv
Michael Cernech, City Manager
City of Tamarac, Florida
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