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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-023C Temp. Reso. No. 13073 February 28, 2018 Page 1 of 8 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 - 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 NUNC PRO TUNC, IN ACCORDANCE WITH CHAPTER 24, ARTICLE II, DIVISION 6, SECTION 24-91 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 HEALTH CARE USES TO INCLUDE HOSPITAL, PUBLIC OR PRIVATE, MEDICAL CLINIC OR USES SIMILAR TO A HOSPITAL OR MEDICAL CLINIC; PROVIDING THAT UPON THE ADOPTION OF THIS RESOLUTION EXTENDING THE ZONING IN PROGRESS AN ADDITIONAL ONE HUNDRED AND EIGHTY (180) DAYS NUNC PRO TUNC, NO PERMITS OR APPLICATIONS SHALL BE ISSUED OR PROCESSED FOR HOSPITALS OR MEDICAL CLINICS OR USES SIMILAR TO A HOSPITAL OR MEDICAL CLINIC WITHIN THE CITY OF TAMARAC FOR A TOTAL OF NINE HUNDRED (900) 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, in September 2014, The City of Tamarac ("City") retained the services of Clarion and Associates, Zoning and Land Development Regulations Consultants ("Consultant"), to draft a comprehensive rewrite of the City's Land Development Regulations ("LDR") aimed at addressing deficiencies and conflicts contained within the Code of Ordinances ("the "Code") while responding to the new evolving needs of the community; and WHEREAS, the need for a comprehensive rewrite of the LDR was also based on the findings that the Code currently contains outdated, unclear or contradictory language which precipitates the need for frequent and extensive interpretations; and Temp. Reso. No. 13073 February 28, 2018 Page 2 of 8 I WHEREAS, the Code is further deficient, in that certain health care uses are either not defined, entirely not listed in the Code of Ordinances, or conflict with other Chapters in the Code included but not limited to Chapter 12, Licenses and Business Regulations; 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 existing Code lacks clear direction on health care related uses such as hospitals or medical clinics, and how these uses might relate to a myriad of similar uses that are not defined or listed in the City's Code; and WHEREAS, the City Manager and the City's professional staff continuously monitor and review the City's Comprehensive Plan and Land Development Regulations to ensure appropriate development in the City, and from time to time recognizes the need to study and amend aspects of the same; and WHEREAS, on February 23, 2016, in accordance with Chapter 24, Division 6, Section 24-91 of the City of Tamarac Code of Ordinances, the City Manager issued an Administrative Order, Exhibit I", (attached hereto, incorporated herein and made a specific part thereof), instituting Zoning in Progress, imposing a prohibition on the Temp. Reso. No. 13073 February 28, 2018 Page 3 of 8 issuance of any permits and the processing of applications for health care uses to include hospital, public or private, medical clinic and uses similar to a hospital and medical clinic in the City of Tamarac for a period of one hundred and eighty (180) days with an expiration date of August 23, 2016; and WHEREAS, on March 9, 2016, pursuant to Section 24-91 of the City of Tamarac Code of Ordinances, the City Commission adopted Resolution R-2016-26, ratifying and affirming the City Manager's Administrative Order, which placed a prohibition on permits and the processing of applications for health care uses to include hospital, public or private, medical clinic and uses similar to a hospital and medical clinic in the City of Tamarac for a period of one hundred and eighty (180) days from the date of the Administrative Order; and WHEREAS, on August 24, 2016, pursuant to Section 24-91(e) of the City of Tamarac Code of Ordinances, the City Commission adopted Resolution R-2016-86, authorizing a reasonable time extension of the Zoning in Progress of one hundred and eighty (180) days, for a total of three hundred and sixty (360) days from the date of the Administrative Order; and WHEREAS, the three hundred and sixty (360) days prohibition and recommended timeline proved not to be sufficient based upon the time needed to enable the City's professional staff and Consultant to properly study the issues associated with the placement of and access to health care uses to include, hospital, public or private, medical clinic or uses similar to hospital or medical clinic in the City of Tamarac; and Temp. Reso. No. 13073 February 28, 2018 Page 4 of 8 WHEREAS, the City Manager believed another reasonable time extension of an additional one hundred and eight (180) days for a total of five hundred and forty (540) days from the date of the Administrative Order, as allowed by Section 24-91(e) was an acceptable reasonable time based upon the time needed to enable the City's professional staff and Consultant to properly study the issues associated with health care uses to include, hospital, public or private, medical clinic or uses similar to hospital or medical clinic in the City of Tamarac; and WHEREAS, on April 26, 2017 pursuant to Section 24-91(e) of the City of Tamarac Code of Ordinances, the City Commission adopted Resolution R-2017-40, authorizing a reasonable time extension, Nunc Pro Tunc, of the Zoning in Progress of one hundred and eighty (180) days, for a total of five hundred and forty (540) days from the date of the Administrative Order; and WHEREAS, the five hundred and forty (540) days prohibition and recommended timeline proved not to be sufficient based upon the time needed to enable the City's professional staff and Consultant to properly study the issues associated with the placement of and access to health care uses to include, hospital, public or private, medical clinic or uses similar to hospital or medical clinic in the City of Tamarac; and 1 �l Temp. Reso. No. 13073 February 28, 2018 Page 5 of 8 WHEREAS, the City Manager believed another reasonable time extension of an additional one hundred and eight (180) days for a total of seven hundred and twenty (720) days from the date of the Administrative Order, as allowed by Section 24-91(e) was an acceptable reasonable time based upon the time needed to enable the City's professional staff and Consultant to properly study the issues associated with health care uses to include, hospital, public or private, medical clinic or uses similar to hospital or medical clinic in the City of Tamarac; and WHEREAS, the seven hundred and twenty (720) days prohibition and recommended timeline proved not to be sufficient based upon the time needed to enable the City's professional staff and Consultant to properly study the issues associated with the placement of and access to health care uses to include, hospital, public or private, medical clinic or uses similar to hospital or medical clinic in the City of Tamarac; and WHEREAS, the City Manager believes another reasonable time extension of an additional one hundred and eight (180) days for a total of nine hundred (900) days from the date of the Administrative Order, as allowed by Section 24-91(e) is an acceptable reasonable time based upon the time needed to enable the City's professional staff and Consultant to properly study the issues associated with health care uses to include, hospital, public or private, medical clinic or uses similar to hospital or medical clinic in the City of Tamarac; and Temp. Reso, No. 13073 February 28, 2018 Page 6 of 8 WHEREAS, the reasonable time extension would commence February 15, 2018; and end August 13, 2018; and WHEREAS, the City Commission approves the City Manager's request and hereby finds that the nine hundred (900) 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 seven hundred and twenty (720) days (February 14, 2018) Nunc Pro Tunc, to nine hundred (900) days with a new expiration date of August 14, 2018, 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. 13073 February 28, 2018 Page 7 of 8 Section 3. That the City Commission hereby directs the City Manager to continue to study and review health care uses to include hospital, public or private, medical clinic or uses similar to a hospital or medical clinic 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. 7 u Temp. Reso. No. 13073 February 28, 2018 Page 8 of 8 Section 7. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF 2018. s TRICIA TEUFE)= CITY CLERK �111 RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: 1 F�l Temp. Reso. No. 12816 July 21, 2016 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2016 - b 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 24, ARTICLE II, DIVISION 6, SECTION 24-91 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 HEALTH CARE USES TO INCLUDE HOSPITAL, PUBLIC OR PRIVATE, MEDICAL CLINIC OR USES SIMILAR TO A HOSPITAL OR MEDICAL CLINIC; PROVIDING THAT UPON THE ADOPTION OF THIS RESOLUTION EXTENDING THE ZONING IN PROGRESS AN ADDITIONAL ONE HUNDRED AND EIGHTY (180) DAYS , NO PERMITS OR APPLICATIONS SHALL BE ISSUED OR PROCESSED FOR HOSPITALS OR MEDICAL CLINICS OR USES SIMILAR TO A HOSPITAL OR MEDICAL CLINIC 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 SEVERABILITY7 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, In September, 2014, The City of Tamarac ("City") retained the services of Clarion and Associates, Zoning and Land Development Regulations Consultants ("Consultant"), to draft a comprehensive rewrite of the City's Land Development Regulations ("LDR") aimed at addressing deficiencies and conflicts contained within the Code of Ordinances ("the "Code") while responding to the new evolving needs of the community; and WHEREAS, The need for a comprehensive rewrite of the LDR was also based on the findings that the Code currently contains outdated, unclear or contradictory language which precipitates the need for frequent and extensive interpretations; and Temp. Reso. No. 12816 July 21, 2016 Page 2 of 5 WHEREAS, the Code is further deficient, in that certain health care uses are either not defined, entirely not listed in the Code of Ordinances, or conflict with other Chapters in the Code included but not limited to Chapter 12, Licenses and Business Regulations; 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 existing Code lacks clear direction on health care related uses such as hospitals or medical clinics, and how these uses might relate to a myriad of similar uses that are not defined or listed in the City's Code; and WHEREAS, the City Manager and the City's professional staff continuously monitor and review the City's Comprehensive Plan and Land Development Regulations to ensure appropriate development in the City, and from time to time recognizes the need to study and amend aspects of the same; and WHEREAS, on February 23, 2016, in accordance with Chapter 24, Division 6, Section 24-91 of the City of Tamarac Code of Ordinances, the City Manager issued an Administrative Order, Exhibit I", (attached hereto, incorporated herein and made a specific part thereof), instituting Zoning in Progress, imposing a prohibition on the issuance of any permits and the processing of applications for health care uses to include hospital, public or private, medical clinic and uses similar to a hospital and medical clinic in the City of Tamarac for a period of one hundred and eighty (180) days with an expiration date of August 23, 2016; and Temp. Reso. No. 12816 July 21, 2016 Page 3 of 5 WHEREAS, on March 9, 2016, pursuant to Section 24-91 of the City of Tamarac Code of Ordinances, the City Commission adopted Resolution R-2016-26, ratifying and affirming the City Manager's Administrative Order, which placed a prohibition on permits and the processing of applications for health care uses to include hospital, public or private, medical clinic and uses similar to a hospital and medical clinic in the City of Tamarac for a period of one hundred and eighty (180) days from the date of the Administrative Order; and WHEREAS, the 180 days prohibition and recommended timeline is not considered sufficient based upon the time needed to enable the City's professional staff and Consultant to properly study the issues associated with the placement of and access to health care uses to include, hospital, public or private, medical clinic or uses similar to hospital or medical clinic in the City of Tamarac; and WHEREAS, the City Manager believes a reasonable time extension of one hundred and eight (180) days for a total of three hundred and sixty (360) days as allowed by Section 24-91(e) is an acceptable reasonable time based upon the time needed to enable the City's professional staff and Consultant to properly study the issues associated with health care uses to include, hospital, public or private, medical clinic or uses similar to hospital or medical clinic in the City of Tamarac; 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: Temp. Reso. No. 12816 July 21, 2016 Page 4 of 5 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 days (August 23, 2016) to three hundred and sixty (360) days with a new expiration date of February 19, 2017, 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 3. That the City Commission hereby directs the City Manager to study and review health care uses to include hospital, public or private, medical clinic or uses similar to a hospital or medical clinic 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. This Resolution shall become effective immediately upon its passage and adoption. 1 Temp. Reso. No. 12816 July 21, 2016 Page 5 of 5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, C FLORIDA THIS c� DAY OF 2016, CITY OF TAMARAC FLORIDA ATTEST: LfoW"-R k I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: - ), SAMUE S. GOREN, CITY ATTORNEY �1 I &,44L� HAR Y DRESSLER, MAYOR RECORD OF COMMISSION VOTE. - MAYOR DRESSLER DIST 1: COMM BUSHNELL DIST 2: COMM GOMEZ DIST 3: V/M. GLASSER DIST 4: COMM. PLACKO CITY OF TAMARAC, FLORIDA ADMINISTRATIVE ORDER ORDER DECLARING ZONING IN PROGRESS AND PROHIBITING THE ISSUANCE OF PERMITS AND THE PROCESSING OF APPLICATIONS RELATED TO HEALTH CARE USES TO INCLUDE HOSPITAL, PUBLIC OR PRIVATE, MEDICAL CLINIC OR USES SIMILAR TO A HOSPITAL OR MEDICAL CLINIC IN THE CITY OF TAMARAC. BACKGROUND In September, 2014, The City of Tamarac ("City") retained the services of Clarion and Associates, Zoning and Land Development Regulations Consultants, to draft a comprehensive rewrite of the City's Land Development Regulations ("LDR") aimed at addressing deficiencies and conflicts contained within the Code of Ordinances ("the "Code") while responding to the new evolving needs of the community. The need for a comprehensive rewrite of the LDR was also based on the findings that the Code currently contains outdated, unclear or contradictory language which precipitates the need for frequent and extensive interpretations. In addition, certain health care uses are either not defined, entirely not listed in the Code of Ordinances, or conflict with other Chapters in the Code included but not limited to Chapter 12, Licenses and Business Regulations. 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. The existing Code lacks clear direction on health care related uses such as hospitals or medical clinics, and how these uses might relate to a myriad of similar uses that are not defined or listed in the City's Code. It is therefore necessary and in the public's best interest to study these 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 Clarion and Associates 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 these uses, and to further create a comprehensive uses master list, consistent definitions and associated processes pertaining to health care uses. JOW68348 1 2704-0501640 } Page 1 of 2 ORDER Pursuant to Chapter 24, Article II, Division 6, Section 24-91 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 issuance of permits and the processing of applications related to health care uses to include hospital, public or private, medical clinic or uses similar to a hospital or medical clinic, 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 Clarion and Associates to develop consistent definitions, uses and associated processes pertaining to health care uses, specifically hospital, medical clinic or uses similar to a hospital or medical clinic; 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 24-91(c) of the City of Tamarac Code of Ordinances, this matter shall be placed on the next available City Commission agenda of March, 9th, 2016 for review and adoption of a Resolution confirming this administrative order. Effective date: February 23, 2016 Expiration date: August 23, 2016 Contact: Frank Zickar, Assistant Director Community Development Department Planning and Zoning Division (954) 597-3530 Approved..b;Michael Cernech, City Mana er City of Tamarac, Florida {000663U.1 2704-0501Mo I Page 2 of 2 No Text