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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2019-020 Temp. Ord. No. 2415 September 20, 2019 Page 1 of 19 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2019 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA LIFTING ZONING IN PROGRESS BY AMENDING CHAPTER 10 OF THE CITY OF TAMARAC CODE OF ORDINANCES, ENTITLED "LAND DEVELOPMENT CODE" BY AMENDING ARTICLE 3, ENTITLED "USE REGULATIONS" BY SPECIFICALLY AMENDING SECTION 10-3.2(H), TABLE 10-3.1 ENTITLED "ALLOWED USES" BY DESIGNATING SELF-STORAGE, INDOOR AS A LAND USE SUBJECT TO SPECIAL EXCEPTION APPROVAL AND AMENDING SECTION 10-3.3 (E)(3)(b) ENTITLED "DISTANCE LIMITATIONS", PROVIDING FOR INCREASED DISTANCE SEPARATION REQUIREMENTS FOR SELF-STORAGE, INDOOR USES FROM 2,500 TO 4,000 FEET, 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, Florida has been a hotbed for self-storage construction, with dozens of new properties recently opening or under development; and WHEREAS, the City of Tamarac is experiencing the same trend, with a recently approved expansion of an existing site, and two new self-storage facilities pending construction, along the Mixed-Use Corridors of W. McNab Road and West Commercial Boulevard; and WHEREAS, self-storage facilities are currently permitted by right in the MU-N (Mixed Use Neighborhood), BP (Business Park), and I-1(Light Industrial) Zoning Districts in Tamarac, which would allow for the approval and construction of more than eight (8) additional self-storage facilities in a City of less than 12 square miles; and WHEREAS, the City's 2007 adopted Comprehensive Plan, Future Land Use Element, Objective 1 requires the City to administer and adopt appropriate land CODING: Words in stmike tgin type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 2 of 19 development code revisions, amending them as needed to respond to changing conditions; and WHEREAS, Policy 10.8 of the Future Land Use Element of the City's Comprehensive Plan requires commercial land uses to be located in a manner compatible with adjacent land uses so as not to adversely affect the health, safety, welfare or aesthetics of existing or future residential areas; 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, to prevent the proliferation of self-storage facilities spreading too far, too fast, it was necessary to study the issue to determine the number and locations appropriate for the City of Tamarac; and 111 WHEREAS, on January 8, 2019, the City Manager signed an Administrative Order declaring Zoning In Progress and instituting a 180-day moratorium on the submission and acceptance of applications for new self-storage facilities within the City; and WHEREAS, on January 23, 2019, pursuant to Section 10-5.4(U) of the City of Tamarac Gode of Ordinances, the City Commission adopted Resolution R-2019-14, ratifying and affirming the City Manager's Administrative Order, which placed a prohibition on the submission, and acceptance of applications not previously filed, for administrative review, land development permits, and building permits for the use of land for new indoor self-storage facilities within the City of Tamarac's corporate boundaries for a period of one hundred and eighty (180) days from the date of the Administrative Order a copy of 111 CODING: Words in strikestr:ike-th-rough type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 3 of 19 which is attached hereto as Exhibit "A", and incorporated herein by reference; and WHEREAS, the one hundred and eighty (180) days prohibition and recommended timeline had not proven to be sufficient based upon the time needed to enable the City's professional staff to properly study the issues associated with the placement of and access to new self-storage facilities, not previously filed, in the City of Tamarac; and WHEREAS, on June 26, 2019, the City Commission adopted Resolution 2019-55 authorizing a Reasonable Time Extension of Zoning in Progress for Self-Storage, Indoor uses extending the moratorium on new indoor self-storage facilities effective July 6, 2019 and expiring January 1, 2020 a copy of which is attached hereto as Exhibit "B", and incorporated herein by reference; and WHEREAS, staff have studied the impacts associated with the proliferation of excessive Self-Storage, Indoor uses and determined the appropriate mechanism by which to mitigate its effects on the surrounding built environment and the City's economic development goals; and WHEREAS, the City of Tamarac (the "City") seeks to lift the Zoning in Progress by amending the Land Development Code to permit Self-storage, Indoor within the MU-N (Mixed Use Neighborhood), BP (Business Park) and I-1 (Light Industrial) Zoning Districts subject to Special Exception approval; and WHEREAS, the City seeks to further amend the Land Development Code to increase the existing distance limitation requirements between Self-Storage, Indoor uses from 2,500 to 4,000 feet to mitigate the potential adverse impacts associated with a concentration of such facilities throughout its Mixed Use Corridors and Commercial Zoning Districts; and CODING: Words in strike thro ugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 4 of 19 WHEREAS, the City Commission recognizes the probability of detriment to the character and economic vitality of its Mixed-Use Corridors and Commercial Zoning Districts resulting from excessive self-storage construction and continued application of the existing distance limitation requirements; and WHEREAS, the City Commission finds that amending the Code to permit Self- Storage, Indoor in the MU-N, BP, and I-1 zoning districts subject to Special Exception approval and increasing the distance separation requirement for Self-Storage, Indoor uses from 2,500 to 4,000 feet is consistent with the goals, objectives and policies of the Comprehensive Plan, as it corrects the concentrated distribution of self-storage uses along the City's Mixed-Use Corridors and within its Commercial Zoning Districts. 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. That Chapter 10, Article III, Section 10-3.2 entitled "Table of Allowed Uses", of the City of Tamarac Code of Ordinances is hereby amended as follows: Section 10-3.2 (H), Table of Allowed Uses. CODING: Words in strike through• type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 5 of 19 Mixed-Use and Special Residential Nonresidential Purpose Use Category Use Type Use Stds M M M = R R £ R ! R NB I I P R , S E 1 ' 213U UUC P 1 2 ` F . 0 U � N C G Dwelling, 10- Household LivingPPPP P live/work i 3.3(B)(4) Dwelling, 10- manufactured P P P 3.3(B)(5) home Dwelling, multi- i 10- family P P P P 3.3(B)(5)(h) Dwelling,single- family PP PP Dwelling,two- ^ 10- family P P 3.3(B)(7) Assisted living ,facility, nursing home, 313 P P ; P : P P convalescent facility Group Living Community I 10- residential home, P P P P T I 3.3(B)(1) ype Community 10- residential home, P 3 3(B)(2) Type II CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 6 of 19 Continuing care 10 retirement P P 3.3(B)(3) community Club or lodge, PPPP P P private 10- Country club SE 3.3(C)(7) Hall for hire SE SE SE Library,art Community and 10- gallery,or PPPP P P Cultural Facilities 3.3(C)(9) museum Municipal 10- P P P P P P P P P P P P P P facilities 3.3(C)(10) Religious 10- assembly P P P P P 3.3(C)(3) Stadium or arena SE SE SE Adult day care 10- PPPPP center 3.3(C)(1) Day Care Facilities _ _ . 10- Child care facility SE SE SE SE SE 3.3(C)(4) Business,trade, 10 or vocational P P P 3.3(C)(8) schools, Heavy Educational Facilities - ' _ , _. . _ _ Business,trade, 10 or vocational PPP P 3.3(C)(8) schools, Light _ _ CODING: Words in stfike-tkwaugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 7 of 19 College or 10- i SE � � SE university 3.3(C)(8) 10- Parochial school, 3.3(C)(3); SE SE .SE SE SE ISE incidental 10- 3.3(C)(8) School SE SE :SE SE SE P SE 3 310OO 8 Clinic, medical, 10 urgent care,or P P P ' P P P 3.3(C)(5) dental Health Care Detoxification Facilities p facility Hospital, public or private Botanical garden Golf course P Parks and Open Space Community 10- P P P A A A A A A 3.3(C)(6)ga Park and PPPP , P PP playground Agriculture, Agriculture and ;general Animal-Related Services Animal boarding 10- SE P P kennel 3.3(D)(3) CODING: Words in sty-tn;g„ type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 8 of 19 10- T Pet care daily P : P , P P P ` 3.3(D)(13) Stable Veterinary PPPPP office/clinic , Bar, lounge,or SE 'SE.SE,SE A tavern Bottle club , 10- Brewery P P P P P ` 3.3(D)(5) Nightclub SE SE. A 10 3.3(D)(10) 10- Food and Restaurant PPPPP A ' 3.3(D)(14) Beverage Services Restaurant with ; 3 P P 10- microbrewery 1 3.3(D)(14) v _ - . .v -I P . - Restaurant,fast casual (with or 10- SE SE SE SE ' w/o drive- ! 3.3(D)(14) through) Q --, ( _ . t-- Restaurant,fast . 10- food (with or w/o SE SE SE 3.3(D)(14) drive-through) Cemetery or p mausoleum Funeral and E : Internment y- P Crematorium , Services 1 Funeral home P P P . P CODING: Words in stake throunh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 9 of 19 Bed and breakfast p p . p Lodging Hotel P P ; SE 10- 3-3(D)($) Bank/financial 10- institution PPP : PP 3.3(0)(4) Office, Offices, Business, professional and P p p p p p p 10 & Prof.Services 3.3(D)(11) business ; .,._ Telephone call center P Coin laundry and i dry cleaning(no chemical PPP . P processing onsite) Day spa p P p ' p i 10- 3.3(D)(7) Dry cleaning (chemical P P processing onsite) Personal Services 4- -_ Massage 10- SE 'SE` establishment 3.3(D)(9) y, j Stylist/salon PPPPP - _z lq Tailor/shoe repair p P ? p P P , 3 Tattoo or body- s J 7 piercing a p establishment ' __ 4 . _ - i1 1 Recreation and Adult SE 10- Entertainment entertainment 3.3(D)(1) CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 10 of 19 Amusement ' 10- P arcade , Fitness and recreational P PPP I A sports center I ' "` Indoor • recreation, ; P P P general commercial ; a r - } Movie theater, SE P indoor a Outdoor recreation, , P ° p general commercial Shooting range , SE Bulk pool P P chemical sales 3 3.3(D)(6) Equipment sales P P and repair, heavy ti Farmer's market, 4 PPPP T outdoor Retail Sales Medical Marijuana Dispensary d Nursery Pawn shop CODING: Words in s+. l a type are existing from law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 11 of 19 3 Personal and 10- household goods P P ' P P P repair 3.3(D)(12) Print shop . P P P P Retail sales, general:< 10,000 PPPPP P ' A A 10 sq.ft. 3.3(D)(15) Retail sales, general:>_10,000 P p P P 10 i 3.3(D)(15) sq.ft. I , o Thrift, consignment, and used A PPA merchandise Boat and marine P sales 10- Vehicle fuel sales ;SE 3.3(D)(16) 10- Vehicle rental SE: P P 3.3(D)(17) I Vehicles and Vehicle sales, ' Equipment I new SE P P Vehicle sales, a 10- used SE SE SE 3.3(D)(19) Vehicle service 3 10- A P P and ePair, 3. major , J 3.3(D)(18) Vehicle service 10- SE A P P and repair, minor 3.3(D)(18) CODING: Words in strike type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 12 of 19 Broadcast studio ; SE P P P Communication P P Communications facility Motion picture SE P studio 3 Building material sales,indoor P P retail Building material sales,outdoor or p ` P Industrial Services wholesale Industrial service, P P general Laboratory,research Assembly, light P P P Food processing 3 P P Manufacturing, P P P Mfg. and artisan Production r Manufacturing, heavy Manufacturing, P P P light Utility facility, ; Utilities SE SE P P major p ta CODING: Words in strike th type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 13 of 19 I [-- Utility facility, minor PPP Wind energy ' 10- conversion SE SE SE,SE SE SE SE SE SE SE SE SE SE SE 3.3(E)(4) system , Contractor's storage yard and P ` P supply s_ Distribution center r "1' Food and other products, } a P ' P P wholesale s ; Parcel delivery Warehouse, P P service_ Wholesale,and Freight Personal hobby Movement P activity Self-storage, 10- indoor 3.3(E)(3) SE ; SE SE t Self-storage, ' outdoor Storage buildings P P P I Wholesale establishment PPP Waste and Auto towing l SE Salvage (See 4 • Broward County's Auto wrecking 10 SE M-3 Intense =and salvage yard 3.3(E)(1) 1 CODING: Words in strike—through type are deletions from existing law; Words in underlined type are additions. Temp- Ord. No. 2415 September 20, 2019 Page 14 of 19 Manufacturing and Industrial i District for 10- Recycling facilities SE additional uses 3.3(E)(2) permitted under SE in 1-2.) Alternative tower 10- structure in right- PPPP P PPP P P P P P P 3.3(E)(4) of-way ! Alternative tower 10- structure not in SE SE SE SE SE SE SE SE SE SE ,SE`SE SE SE 3.3(E)(4) right-of-way Base station in 10- PfP P PP ! PPP P PIP P ! P PI 3.3(E)(4) right-of-way Wireless communication i Base station not 10- SE SE SE SE SE facilities SE SE SE SE SE SE SE SE SE 3.3(E)(4) in right-of-way : Eligible facilities 10- PPPPPPPPPPPPPP ' request 3.3(E)(4) 10- Small cell facility PP P P P PPP • P PPPP, 3.3(E)(4) Tower SE SE SE SE SE SE SE SE SE SE.SE SE SE 3.3(0E)(4) Accessory II 10- A A A A dwelling unit 3.4(D)(1) 10- Assembly hall III A A A A A III A A I 3.3(C)(3) 10- Bingo game A A A 3.4(D)(2) I CODING: Words in strike trough type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 15 of 19 Building-mounted or rooftop A AAA A ' AAA A z antenna i Car wash and 10- auto detailing, A ` A (D)(3) Automatic 3.4 I ; s Car wash and 10- auto detailing, A A 3.4(D)(3) Non-automatic Dormitory or residence hall A A A Drive-through 10- A A 'service facility 3.4(D)(4) Dwelling, A A II A A , 10 caretaker11111 II 3.4(D)(5) Garage or carport AA A A A A A A A A A A A , Home occupation A A A A 10- II 3-�D)(5) i Outdoor courts, fields, 10- A A A A A A A A AA ; playgrounds and 3 3.4(D)(8) pools l Outdoor seating, 10- ' A A A A ' A A commercial 3.4(D)(8) 11 Outdoor storage 'I non-sales, A A A A 10 ; accessory 3.4(D)(10) CODING: Words in strike t►,ro„gh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 16 of 19 Outdoor vehicle II 10- storage, A AAA A A 9 A ' 3.4(D)(11) accessory 10- Satellfte dish A A AA A j AAA A A AA A A 3.4(D)(12) Small wind 10- energy system, A AAA A AAA A A AAA A 3.4(D)(13) accessory Solar energy 10- collection system, A A A A A 3 A A A A A A 9 A AiA 3.4(D)(14) accessory use 10- Utilityshed AA AA A ; A ; A AA 1111 3.4(D)(16) Other accessory i uses that comply , A ; A AA A ' A A A A AaA A A A with Code standards Construction- a i 10 related structure T T i T T T 3.5(G)(2) facility or 1 lig 10- Food truck T T T 3.5(G)(3) Garage or yard 10- 1 .sale T 3.5(E)(2) Mobile . 3 10- classroom, T T 9 T T 3.5(6)(4) temporary I t q CODING: Words in h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 17 of 19 Model home ' T T T T T , TT 10 3.5(G)(5) Office space/equipment storage, T T T T T T •` temporary Outdoor sales, 10- T T T T seasonal 3.5(E)(3) Portable storage T T T T T T T T T T T T T T 10 ( unit,temporary 3.5(G)(6) Real estate sales r office T T T T ' T TT - o Special event TT T ` T T T TTTTTTSTT 10 3.5(E)(4) SECTION 3. That Chapter 10, Article III, Section 10-3.3(E)(3)(b) entitled "Distance Limitations", of the City of Tamarac Code of Ordinances is hereby amended as follows: (b) Distance Limitations. In order to mitigate potential adverse impacts associated with a concentration of such facilities throughout the city, such facilities shall be located no closer than 2,500 4,000 feet from one another. Such distance shall be measured from the nearest point of the existing facility's site to the nearest point of the proposed facility's site. SECTION 4. 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 CODING: Words in striketh e:ugh type are deletions from existing law, Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 18 of 19 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 in order to accomplish such intention. SECTION 5. 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 6. 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 7. Effective Date. This Ordinance shall become effective upon adoption. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CODING: Words in strike- type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2415 September 20, 2019 Page 19 of 19 PASSED, FIRST READING this � . day of Ai/4-111A-* , 2019. PASSED, SECOND READING this / day of ; 7 �,.., ,,L 1_ , 2019. (76 Cl MICHELLE J. GOMEZ, MAYOR ATTEST: LILLIAN PABON, CMC INT€RtM'CITY CLERK RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ DIST 1: COMM. BOLTON C DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN L' DIST 4 VIM PLACKO I HEREBY CERTIFY that I have approved this ORDINANCE as to form RECORD OF COMMISSION VOTE: 2nd Reading MAYOR GOMEZ DIST 1: COMM. BOLTON cyc�--- DIST 2: COMM. GELIN Ylv DIST 3: COMM. FISHMAN DIST 4 V/M PLACKO Itiv (-0�-- SAMUEL S. GOREN, CITY ATTORNEY CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. I I I Temp. Reso. No. 13232 January 9, 2019 Page 1 of 5 CITY OF TAMARAC, FLORIDA/ RESOLUTION NO. 2019 - t it A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AFFIRMING AND RATIFYING THE CITY MANAGER'S ADMINISTRATIVE ORDER DATED JANUARY 8, 2019, ATTACHED HERETO AS EXHIBIT "1" AND INCORPORATED HEREIN, DECLARING ZONING IN PROGRESS AND INSTITUTING A 180-DAY MORATORIUM ON THE SUBMISSION AND ACCEPTANCE OF APPLICATIONS FOR ADMINISTRATIVE REVIEW. LAND DEVELOPMENT PERMITS, AND BUILDING PERMITS FOR THE USE OF LAND FOR NEW SELF-STORAGE FACILITIES (INDOOR) 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 THE NUMBER AND LOCATIONS OF SELF STORAGE FACILITIES IN THE CITY OF TAMARAC ; PROVIDING THAT UPON THE ADOPTION OF THIS RESOLUTION AFFIRMING THE ADMINISTRATIVE ORDER, NO PERMITS SHALL BE ISSUED FOR ANY NEW SELF STORAGE FACILITIES NOT OTHERWISE EXEMPT DURING THE TIME PERIOD COVERED BY THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, over the past recent years, the self-storage industry has proven to be one of the sectors with the most rapid growth in the U.S. commercial real estate industry; and WHEREAS, according to an investment bank report, in 2016, there were more than 58,000 self-storage facilities in the U.S. with a total of 32 million storage units covering over 2.3 billion square feet of storage space; and WHEREAS, Florida has been a hotbed for storage construction, with dozens of new properties recently opening or under development; and WHEREAS, Tamarac is seeing the same trend, with a recently approved expansion of an existing site, a new self-storage facility to be constructed on W. McNab Temp. Reso. No. 13232 January 9, 2019 Page 2 of 5 Road and one pending application being reviewed by the City Commission and the Planning Board; and WHEREAS, currently, self-storage facilities are permitted by right in at least 3 zoning districts in Tamarac, which if not reviewed, could allow for the approval and construction of more than eight (8) additional self-storage facilities in a City of less than 12 square miles; and WHEREAS, to prevent the proliferation of self-storage facilities spreading too far, too fast, it is necessary to study the issue to determine the number and locations appropriate for the City of Tamarac; 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 January 8, 2019, the City Manager signed an Administrative Order instituting a 180-day Moratorium on the submission and acceptance of applications for new self-storage facilities within the City, a copy of which is attached hereto as Exhibit "1", and incorporated herein by reference; and WHEREAS, the 180-day Moratorium on self-storage facilities exempts previously filed applications pending within the City at the time of the effective date of the Administrative Order; 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, and acceptance of applications not previously filed, for administrative review, land Temp. Reso. No. 13232 January 9, 2019 Page 3 of 5 111 development permits, and building permits for the use of land for new self-storage facilities (in-door) within the City of Tamarac's corporate 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 placement, number and locations of self-storage facilities in the City; 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 January 8, 2019, Administrative Order prohibiting the submission, and acceptance of applications not previously filed, for administrative review, land development permits, and building permits for the use of land for new self-storage facilities (in-door) within the corporate limits of the City of Tamarac. Temp. Reso. No. 13232 January 9, 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 self-storage facilities 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. 13232 January 9, 2019 Page 5 of 5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF hUititt , 2019. CITY OF TAMARAC FLORIDA MI 41//aa-10 ELLE J. GIP EZ, MAYOR ATTEST: PAT ICIA A. TEUFEL, CMC 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. UEL S. GO , CITY ATTORN CITY OF TAMARAC, FLORIDA ADMINISTRATIVE ORDER ORDER DECLARING ZONING IN PROGRESS AND INSTITUTING A 180 DAY MORATORIUM ON THE SUBMISSION AND ACCEPTANCE OF APPLICATIONS FOR ADMINISTRATIVE REVIEW, LAND DEVELOPMENT PERMITS, AND BUILDING PERMITS FOR THE USE OF LAND FOR NEW SELF-STORAGE FACILITIES (INDOOR) IN THE CITY OF TAMARAC. BACKGROUND Over the past recent years, the self-storage industry has proven to be one of the sectors with the most rapid growth in the U.S, commercial real estate industry. The unprecedented growth of the industry has been attributed to self-storage consumers including renters, homeowners, students, businesses and transitional populations demanding rental storage.According to an investment bank report,in 2016,there were more than 58,000 self-storage facilities in the U.S. with a total of 32 million storage units covering over 2.3 billion square feet of storage space. Florida has been a hotbed for storage construction, with dozens of new properties recently opening or under development,Tamarac is seeing the same trend,with a recently approved expansion of an existing site, a new self-storage facility to be constructed on W. McNab Road and one pending application being reviewed by the City Commission and the Planning Board. In addition, staff has fielded many inquiries for potential development of self-storage facilities on vacant properties throughout the City. Currently,self-storage facilities are permitted by right in at least 3 zoning districts in Tamarac,which if not reviewed, could allow for the approval and construction of more than eight (8) additional self-storage facilities in a City of less than 12 square miles in size. In order to prevent the proliferation of self-storage facilities spreading too far, too fast, It is necessary to study the issue to determine the number and locations appropriate for the City of Tamarac. 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. It is therefore necessary and in the public's best interest to study self-storage facility uses and create a long-term strategy to ensure adequate placement and access to such uses and services are provided.The "zoning in progress"is intended to allow staff sufficient time to study the provision and location of these uses to ensure that there is a balance between the existing residential uses and the projected demand for the location of self-storage facilities. IIX1273916.127o4.asoie401 Page 1 of 2 June 24, 2019 Page 1 of 5 CITY OF TAMARAC, FLORIDA Temp. Reso. No. 13311 RESOLUTION NO. R-2019 - ,�S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING A REASONABLE TIME EXTENSION OF THE ZONING IN PROGRESS OF ONE HUNDRED AND EIGHTY (180) DAYS, 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 FURTHER STUDY AND REVIEW OF THE CITY'S REGULATIONS RELATING TO THE NUMBER AND LOCATIONS OF SELF STORAGE FACILITIES IN THE CITY OF TAMARAC; PROVIDING THAT UPON THE ADOPTION OF THIS RESOLUTION EXTENDING THE ZONING IN PROGRESS AN ADDITIONAL ONE HUNDRED AND EIGHTY (180) DAYS, NO PERMITS SHALL BE ISSUED FOR ANY NEW SELF STORAGE FACILITIES NOT OTHERWISE EXEMPT, WITHIN THE CITY OF TAMARAC FOR A TOTAL OF THREE HUNDRED AND SIXTY (360) DAYS FROM THE DATE OF THE ADMINISTRATIVE ORDER, CONSISTENT WITH THIS RESOLUTION; PROVIDING FOR CONFLICTS,. PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, over the past recent years, the self-storage industry has proven to be one of the sectors with the most rapid growth in the U.S. commercial real estate industry; and WHEREAS, according to an investment bank report, in 2016, there were more than 58,000 self-storage facilities in the U.S. with a total of 32 million storage units covering over 2.3 billion square feet of storage space; and WHEREAS, Florida has been a hotbed for storage construction, with dozens of new properties recently opening or under development; and WHEREAS, Tamarac is seeing the same trend, with a recently approved expansion of an existing site, and two new self-storage facilities pending construction, with one on W. McNab Road and another on Pine Island Road; and WHEREAS, currently, self-storage facilities are permitted by right in at least 3 zoning districts in Tamarac, which if not reviewed, could allow for the approval and Temp. Reso. No. 13311 June 24, 2019 Page 2 of 5 construction of more than eight (8) additional self-storage facilities in a City of less than 12 square miles; and WHEREAS, to prevent the proliferation of self-storage facilities spreading too far, too fast, it is necessary to study the issue to determine the number and locations appropriate for the City of Tamarac; and WHEREAS, the City's 2007 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; 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 January 8, 2019, the City Manager signed an Administrative Order instituting a 180-day moratorium on the submission and acceptance of applications for new self-storage facilities within the City, a copy of which is attached hereto as Exhibit "1", and incorporated herein by reference; and WHEREAS, on January 23, 2019, pursuant to Section 10-5.4(U) of the City of Tamarac Code of Ordinances, the City Commission adopted Resolution R-2019-14, ratifying and affirming the City Manager's Administrative Order, which placed a prohibition on the submission, and acceptance of applications not previously filed, for administrative review, land development permits, and building permits for the use of land for new self- storage facilities (in-door) within the City of Tamarac's corporate boundaries for a period of one hundred and eighty (180) days from the date of the Administrative Order; and Temp. Reso. No. 13311 June 24, 2019 Page 3 of 5 WHEREAS, the one hundred and eighty(180) days prohibition and recommended timeline has proven not to be sufficient based upon the time needed to enable the City's professional staff to properly study the issues associated with the placement of and access to new self-storage facilities, not previously filed, in the City of Tamarac; and WHEREAS, the reasonable time extension would commence July 6, 2019; and end January 1, 2020; and WHEREAS,the City Commission approves the City Manager's request and hereby finds that the three hundred and sixty (360) day time limitation is reasonable and serves 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 attached hereto are incorporated herein and made a specific part of this Resolution. Section 2. The Zoning in Progress is hereby extended from one hundred and eighty (180) days (July 6, 2019), to three hundred and sixty (360) days, and shall cease the earliest of the new expiration date of January 1, 2020, 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. Temp. Reso. No. 13311 June 24, 2019 Page 4 of 5 Section 3. That the City Commission hereby directs the City Manager to continue to study and review new self-storage facility uses, to exclude previously filed applications, in the City of Tamarac. Section 4. 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 5: That all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6: if any clause, section, or other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. This Resolution shall become effective immediately upon its passage and adoption. Temp. Reso. No. 13311 June 24, 2019 Page 5 of 5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, r FLORIDA THIS DAY OF vu: , 2019. CITY OF TAMARAC FLORIDA _.—.4' MIC ELLE J. GOMEZ, MAYOR ATTEST: PATRICIA TEUF L, MC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ Z'rj1U DIST 1: COMM. BOLTON J DIST 2: COMM. GELIN ,.a4.f1,4f DIST 3: COMM. FISHMAN „-.4.' h,' DIST 4: VIM. PLACKO I HEREBY CERTIFY THAT I HAVE 0 APPROVED THIS RESOLUTION AS TO FORM: S UEL . GO , CITY ATTORNEY