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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-095 Temp. Reso. No. 13297 June 11, 2019 Page 1 of 5 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 Y P 9 Y Temp. Reso. No. 13297 June 11, 2019 Page 2 of 5 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 Page 3 of 5 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. Temp. Reso. No. 13297 June 11, 2019 Page 4 of 5 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 Page 5 of 5 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 Page 1 of 2 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 Page 2 of 2