HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-020•
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Temp. Ord. #2464
April 28, 2021
Page 1 of 25
ORDINANCE NO. 0-2021-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 10 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "LAND DEVELOPMENT
CODE" BY DESIGNATING THE CITY COMMISSION AS THE FINAL
DECISION MAKER ON LAND USE MATTERS, INCLUDING
SPECIAL EXCEPTIONS, MAJOR SITE PLANS, AND VARIANCES
BY AMENDING ARTICLE IV "DEVELOPMENT AND DESIGN
STANDARDS," SECTION 10-4.3 "OFF STREET PARKING AND
LOADING" AND SECTION 10-4.10 "SIGNS", BY AMENDING
ARTICLE V, "ADMINISTRATION," SECTION 10-5.2 "SUMMARY
TABLE OF DEVELOPMENT REVIEW PROCEDURES," BY
AMENDING TABLE 10-5.1 "SUMMARY OF DEVELOPMENT
REVIEW PROCEDURES," AMENDING SECTION 10-5.3
"COMMON REVIEW PROCEDURES," BY AMENDING TABLE 10-
5.2 "GENERAL NOTICE REQUIREMENTS," AMENDING SECTION
10-5.3 "SPECIFIC REVIEW PROCEDURES," AND AMENDING
SECTION 10-5.4 "APPLICATION - SPECIFIC REVIEW
PROCEDURES"; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as provided in Section 2(b), Article VIII of the Constitution of
the State of Florida, and Section 166.021(1), Florida Statutes, the City of Tamarac
(the "City"), a municipal corporation, enjoys all governmental, corporate, and
proprietary powers necessary to conduct municipal government, perform
municipal functions, and render municipal services, and may exercise any power
for municipal purposes, except as expressly prohibited by law; and
WHEREAS, as provided in Section 166.021(3), Florida Statutes, the
governing body of each municipality in the state has the power to enact legislation
concerning any subject matter upon which the state legislature may act, except
when expressly prohibited by law; and
WHEREAS, in 2018, the City repealed its Land Development Code and
adopted a new Land Development Code which, among other things, made the
Planning Board the final decision maker on certain matters where it was a
recommending board previously; and
WHEREAS, the City Commission wishes to amend the Land Development
Code adopted in 2018 to provide that where the Planning Board was previously
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Temp. Ord. # 2464
April 28, 2021
Page 2 of 25 •
the final decision maker on land use matters, including special exceptions, major
site plans, and variances, the City Commission is now the final decision maker.
NOW, THEREFORE, BE IT ORDAINED 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
Ordinance upon adoption hereof.
Section 2: The City Commission of the City of Tamarac hereby amends
Chapter 10 of the City's Code of Ordinances, "Land Development Code, " by
amending Article IV "Development and Design Standards," Section 10-4.3 "Off -
Street Parking and Loading" as follows:
ARTICLE IV. — DEVELOPMENT AND DESIGN STANDARDS
10-4.3 — Off Street Parking and Loading
(F) Off -Street Alternatives. The Director may approve alternatives to providing
the number of off-street parking spaces required by this Code in accordance with
the following standards.
(5) Payment of Fee in Lieu of Providing Required Parking. In
non-residential zoning districts, an alternative fee payment
may be considered in lieu of meeting minimum parking space
requirements in conjunction with a Variance application in
accordance with the standards below.
(a) The Planning Board may review, and the City
Commission may authorize applicable off-street
parking requirements for a nonresidential use to be
satisfied, in whole or in part, by the applicant's payment
of a proportionate share in lieu fee established by the
City Commission that is consistent with, but does not
exceed, costs the City will incur to provide the
equivalent number of public parking spaces that can
serve the use.
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Temp. Ord. #2464
April 28, 2021
Page 3 of 25
(b) A request to pay an in lieu fee shall be submitted in
writing to the Director, who shall forward it to
the Planning Board for review. The Planning
Board f4ay shall make a recommendation to the City
Commission to approve or deny such a request ea
determiRi after considering whether that:
(i) Due to the availability of transit or unique
characteristics of the use or area, the
unavailability of the off-street parking spaces for
which the fee is made as part of the
development will not result in traffic congestion
and will be compatible with the character of
surrounding properties, and
(ii) Sufficient public parking exists or is budgeted
and scheduled within 1,320 feet of the
development to satisfy the parking demand it
generates.
The Citv Commission shall make a final determination
. on the application.
(c) If an applicant requests to pay an in lieu fee for a
number of parking spaces exceeding 25 spaces or 50
percent of the minimum number of off-street parking
spaces required by this Section, the request shall be
accompanied by a traffic study prepared by a licensed
professional engineer or traffic consultant showing that
the unavailability of the off-street parking spaces as
part of the development will not result in traffic
congestion or spillover into surrounding properties or
neighborhoods.
Section 3: The City Commission of the City of Tamarac hereby amends
Chapter 10 of the City's Code of Ordinances, "Land Development Code, " by
amending Article IV "Development and Design Standards," Section 10-4.10
"Signs" as follows:
ARTICLE IV. — DEVELOPMENT AND DESIGN STANDARDS
• 10-4.10 — Signs
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Temp. Ord. # 2464
April 28, 2021
Page 4 of 25
(C) Comprehensive Sign Plan (CSP)
(1) A multi -tenant commercial and/or mixed -use developments may
submit a Comprehensive Sign Plan that establishes a coordinated
approach to site signage. Comprehensive Sign Plans shall provide
specifications regarding sign. -
(a)
Type;
(b)
Materials;
(c)
Illumination;
(d)
Colors
(e)
Dimensions; and
(f)
Location
(2) Developments utilizing a CSP may propose variations from City
signage standards that address sign size and the number of signs
allowed. Variations of up to 10 percent from the general
requirement may be approved administratively. Variations above 10
percent must be approved reviewed by the Planning Board and
approved by the City Commission.
Section 4: The City Commission of the City of Tamarac hereby amends
Chapter 10 of the City's Code of Ordinances, "Land Development Code, " by
amending Article V "Administration," Section 10-5.2 "Summary Table of
Development Review Procedures" by amending Table 10-5.1 "Summary of
Development Review Procedures" as follows:
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type are additions.
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Table 10-Error! No text of specified style in document-1: Summary of Development
Review Procedures
C = Review and Comment R = Review and Recommend D = Review and Decide
[I = Standard Public Hearing <> = Quasi -Judicial Public Hearing
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Amendments
Comprehensive Plan General
Amendment -
§Error! Reference source not Site -Specific
found.
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Establishment of Use - §Error! Reference source not
found.
Amendment to Text of Development Code - §Error!
Reference source not found,
Planned Development Plan/Agreement - §Error!
Reference source not found.
Rezoning - §Error! Reference lGeneral
_.._._.._- .... ............ ..._.......... _
source not found. Site -Specific
Permits and Development Approvals
Special Exception - §Error! Reference source not
found.
Site Plan Approval - §Error! Major
Reference source not found. Minor
Improvement Permit - §Error! Reference source not
found.
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Plat - §Error! Reference source not found.
Temporary Use/Structure Permit - §Error! Reference=
source not found.
Sign Permit - §Error! Reference source not found.
Tree Removal License - §Error! Reference source!
found.
— ..............................
Building Permit - §Error! Reference source not found.
Certificate of Occupancy - § Error! Reference source
notfound.
Vacation of Easement
Procedures `
Administrative Adjustment - §Errot. 2eference
source not found.
Variance -§Error! Reference source not found.
Temp. Ord. # 2464
April 28, 2021
Page 6 of 25
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Section 5: The CityCommission of the City of Tamarac hereby •
y e eby amends
Chapter 10 of the City's Code of Ordinances, "Land Development Code, " by
amending Article V "Administration," Section 10-5.3 "Common Review
Procedures" by amending Table 10-5.2 "General Notice Requirements" as
follows..
Table 10-5.2: General Notice Requirements
"I"W"
Notice of City
Amendment: Small-
Commission public
Scale Development
hearing at least 5 days
before hearing date
Comprehensive Plan
Notice of first City
Amendment: Other
Commission public
than Small -Scale
hearing at least 7 days
Development
before hearing date
• Notice of second
City Commission public
hearing at least 5 days
before hearing date
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type are additions.
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Temp. Ord. #2464
April 28, 2021
Page 7 of 25
I_. _.___
Establishment of Use J
• Notice of first City
Commission public
hearing at least 7 days
before hearing date
i
• Notice of second
City Commission public
`
hearing at least 5 days
i
before hearing date
Amendment to Text of
Notice of City
Development Code to
Commission public
revise text other than
hearing at least 10 days
the use tables in Article
before hearing date
3: Use Regulations
Amendment to Text o,
Notice of first City
Development Code to
Commission public
revise use tabl
hearing at least 7 days
Article 3: Use
before hearing date
egulatio
Notice of second
City Commission public
hearing at least 5 days
before hearing date
banned Development
Notice of Planning
• The Director shall
The Director shall
ian/Agreement ;'
Board public hearing at
mail notice of the
post notice of the
least 15 days before
Planning Board public
Planning Board public
hearing date
hearing at least 10 days
hearing on the site at
• Notice of City
before the hearing
least 15 days before
Commission public
date to owners of
the hearing date
hearing at least 15 days
property subject to the
• The Director shall
before hearing date
proposed PD rezoning
post notice of the City
• The Director shall
Commission public
mail notice of the City
hearing on the site at
Commission public
least 15 days before
hearing at least 30 days
the hearing date
before the hearing
date to owners of
property subject to the
proposed PD rezoning
City -initiated General
Notice of Planning
• Mail notice of
Post notice of
or Site -Specific
Board public hearing at
Planning Board public
Planning Board public
Rezoning to reclassify
least 15 days before
hearing at least 10 days
hearing on site at least
10 or more contiguous'
hearing date
before hearing date to
15 days before hearing
acres
Notice of first City
owners of property
date
Commission public
subject to the
• Post notice of first
I
hearing at least 7 days
proposed rezoning
City Commission public
before hearing date
Mail notice of City
hearing on site at least
• Notice of second
Commission public
15 calendar days
City Commission public
hearing at least 10 days
before hearing date
hearing at least 5 days
before hearing date to
before hearing date
owners of property
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Temp. Ord. # 2464
April 28, 2021
Page 8 of 25
subject to the
proposed rezoning
City -initiated Genera' Notice of Planning
The Director shall
The Director shall
or Site -Specific Board public hearing at
mail notice of the
post notice of the
:Rezoning to recl least 15 days before
Planning Board public
Planning Board public
:parcel(s) involvi hearing date
hearing at least 10 days
hearing on the site at
`than 10 continuo} Notice of City
before the hearing
least 15 days before
acres Commission public
date to owners of
the hearing date
hearing at least 15 days
property subject to the
• The Director shall
before hearing date
proposed rezoning
post notice of the City
• The Director shall
Commission public
mail notice of the City
hearing on the site at
Commission public
least 15 days before
hearing at least 30 days
the hearing date
before the hearing
date to owners of
property subject to the
proposed rezoning
General or Site -Spec.' Notice of Planning
The applicant shall mail
The applicant shall
?ezoning initi . Board public hearing at
notice of the Planning
post notice of the
iany p , least 15 days before
Board and City
Planning Board public
lie C` hearing date
Commission public
hearing on the site at
• Notice of first City
hearings at least 15
least 15 days before
Commission public
days before the
the hearing date
hearing at least 7 days
hearing dates to the
• The applicant shall
before hearing date
owners of the
post notice of the City
• Notice of second
application site and all
Commission public
City Commission public
properties within 400
hearing on the site at
hearing at least 5 days
feet of the application
least 15 days before
before hearing date
site
the hearing date
pecial Exception Notice of Planning
The applicant shall mail
a The applicant shall
Board public hearing at
notice of the Planning
post notice of the
least 15 days before
Board and City
Planning Board public
hearing date
Commission public
hearing on the site at
• Notice of CitV
hearings at least 15
least 15 days before
Commission public
days before the
the hearing date
hearing at least 15 days
hearing dates to the
0 The applicant shall
post notice of the City
before hearing date
owners of the
Commission public
application site and all
properties within 400
hearing on the site at
least 15 days before
feet of the application
site
the hearing date
Site Plan Approv Notice of Planning
The applicant shall mail
The applicant shall
IVlajor Board public hearing at
notice of the Planning
post notice of the
least 15 days before
Board and City
Planning Board public
hearing date
Commission public
hearing on the site at
• Notice of City
hearings at least 15
least 15 days before
Commission public
days before the
the hearing date
hearing at least 15 days
hearing dates to the
The applicant shall
post notice of the City
i before hearing date
owners of the
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type are additions.
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Temp. Ord. #2464
April 28, 2021
Page 9 of 25
application site and all
Commission public
properties within 400
hearing on the site at
least 15 days before
feet of the application
the hearing date
-
site
Plat Approval
Notice of Planning
Board public hearing at
least 7 days before
hearing date
--
Notice of City
Commission public
hearing at least 5 days
before hearing date
vacation of P''
• Notice of City
Easemen
Commission public
i
hearing at least 15 days
before hearing date
Variance or I
Notice of Planning
For applications for a
For applications for a
licabi
Board public hearing at
variance or an appeal
variance or an appeal
least 15 days before
that pertains to a
that pertains to a
the hearing date
particular site, the
particular site, the
• Notice of City
applicant shall mail
applicant shall post
Commission public
notice of the Planning
notice of the Planning
hearing at least 15 days
Board and City
Board and City
before hearing date
Commission public
Commission public
hearings en the site at
hearings on the site at
least 15 days before
least 15 days before
the hearing dates to
the hearing dates
the owners of the
application site and all
properties within 400
feet of the application
site
lex and
edevelopment Units:'
• Notice of first City
Commission public
hearing at least 7 days
before hearing date
• Notice of second
City Commission public
hearing at least 5 days
before hearing date
Section 6: The City Commission of the City of Tamarac hereby amends
Chapter 10 of the City's Code of Ordinances, "Land Development Code, " by
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type are additions.
Temp. Ord. # 2464
April 28, 2021
Page 10 of 25
amending Article V Administration, Section 10-5.3 Common Review
Procedures" as follows:
ARTICLE V. — ADMINISTRATION
10-5.3 Common Review Procedures
(G) Planning Board Review and Action
(1) Hearing, Review, and Action. If a development application is
subject to a recommendation or a final deGiSien by the Planning
Board (see Table 10-5.1: Summary of Development Review
Procedures), the Planning Board shall review and act on the
application in accordance with the following procedures.
(a) If the application is subject to a public hearing, the Planning
Board shall hold a public hearing on the application in
accordance with 10-5.3(I), Public Hearing Procedures.
(b) The Planning Board shall then consider the application,
relevant support materials, staff memorandum, and any
public comments made at the public hearing and take one e
the Planning Board the Board shall
n, �.,�-�,,�,,. recommend a
decision authorized for the type of development
application, based on the review standards applicable
to the application type set forth in 10-
5.4, Application —Specific Review Procedures.
if the application is subjeetto a fi,^A,I des;s.ioR--by
authorized for the type of developmeRt appliGatiOR,
based OR review standards applicable to the
applicatIon types + forthS. , AppliGation�
(c) The Board shall clearly state the factors considered in
making its recommendation or deeis+en, as well as the basis
or rationale for the recommendation eF deeis+e+l.
•
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type are additions.
Temp. Ord. #2464
April 28, 2021
Page 11 of 25
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(d) If the review involves a quasi-judicial hearing, the Board's
recommendation or des+s+en shall be based only on the
record of the public hearing and shall be in writing; include
findings of fact based on competent, material, and
substantial evidence presented at the hearing; reflect the
determination of contested facts; and state how the findings
support compliance with applicable review standards.
(e) The Board shall take action as promptly as possible in
consideration of the interests of the applicant, affected
parties, and citizens of the City.
type of development appliGatiGR.
(f) Staff, in consultation with tThe City Attorney, shall prepare a
f+aal Board Order that is consistent with the Board's
determination. or ResolUtiOR that inGludes findiRgS of faGtS,
tthe fi__ l d " 'ran �+nri whether the (,Flier or Resolution well
Resolution l
Clerk and Rerorder.
. (2) Revision of Application
(a) Afterthe Planning Board has reviewed an application but has
not yet taken action on it, the applicant may request an opportunity
to revise the application. The Board may grant such a request on
condition that revisions shall be limited changes that directly
respond to specific requests or suggestions made by the staff or the
Planning Board and shall constitute only minor additions, deletions,
or corrections, and not significant substantive changes, to the
development proposed by the application.
(b) Any other revisions to the application may be submitted, but the
revised application shall be submitted to the Director and reviewed
as if it were a new application. The revised application is subject to
additional application fees to defray the additional processing costs
as identified in the Administrative Manual.
• (H) City Commission Review and Decision
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Temp. Ord. # 2464
April 28, 2021
Page 12 of 25 •
(1) Hearing, Review, and Decision. If a development application is
subject to a final decision by the City Commission (see Table 10-
5.1: Summary of Development Review Procedures), the City
Commission shall review and act on the application in accordance
with the following procedures.
(a) If the application is subject to a public hearing, the City
Commission shall hold a public hearing on the application in
accordance with §10-5.3(I), Public Hearing Procedures.
(b) The City Commission shall then consider the application,
relevant support materials, staff memorandum, the
recommendation from the Planning Board (where
applicable), and any comments made at a public hearing,
and shall render a decision authorized for the type of
development application, based on the review standards
applicable to the application type, as set forth in §10-
5.4, Application —Specific Review Procedures.
(c) The City Commission shall clearly state the factors
considered in making its decision, as well as the basis or
rationale for the decision.
(d) If the review involves a quasi-judicial hearing, the decision
shall be based only on the record of the public hearing and
shall be in written form, include findings of fact based on
competent, material, and substantial evidence presented at
the hearing(s), reflect the determination of contested facts,
and state how the findings support compliance with
applicable review standards.
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Temp. Ord. #2464
April 28, 2021
Page 13 of 25
(e) The Commission shall take action as promptly as possible in
consideration of the interests of the applicant, affected
parties, and citizens of the City.
Section 7: The City Commission of the City of Tamarac hereby amends
Chapter 10 of the City's Code of Ordinances, "Land Development Code, " by
amending Article V "Administration," Section 10-5.4 "Application — Specific
Review Procedures" as follows:
ARTICLE V. — ADMINISTRATION
10-5.4 Application — Specific Review Procedures
(G) Special Exception
is ...
(1) Purpose. The purpose of the Special Exception is to provide for
individualized review of certain uses that —due to their nature,
relationship to the Comprehensive Plan, and potential adverse impacts
on surrounding areas —require special consideration of their location,
design, and methods of operation, as well as the imposition of conditions
to mitigate concerns, before they can be deemed appropriate in a zoning
district and compatible with their surroundings.
(2) Applicability
(a) A Special Exception is required for any proposed development
involving a Special Exception use as designated in the use tables in
Article 10-4: Use Regulations, or for proposed development for
which a Special Exception is required by any other provision of this
Code.
(b) An application for a Special Exception may be submitted and
reviewed concurrently with an application for Site Plan Approval (and
any other application submitted and reviewed concurrently with the
Site Plan Approval application, including an application for an
Administrative Adjustment).
(3) Procedure. Table 10-5.1: and the following subsections identify those
steps in the common review procedure (see §10-5.3) applicable to the
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Temp. Ord. # 2464
April 28, 2021
Page 14 of 25 •
review of Special Exception applications and note any specific variations
of, or additions to, those review steps.
(a) Application Submittal and Acceptance. The application shall be
submitted and accepted, and may be withdrawn, in accordance with
§10-5.3(D), except that the application shall include a site plan if it is
not submitted and reviewed concurrently with an application for Site
Plan Approval. In addition to the materials required by the
administrative manual, the following studies may be required at the
Director's discretion: a natural resources survey or resource
management plan, a traffic study, conceptual engineering plans,
parking study, architectural review and consultant fee, feasibility
analysis, a phasing plan, and any other study the Director's deems
appropriate.
(b) Staff Review and Action. The Director shall review the application
and prepare a staff memorandum and recommendation in
accordance with §10-5.3(E).
(c) Scheduling and Public Notice of Meetings. The application shall
be scheduled, and required public notices provided, for Planning
Board and City Commission hearings in accordance with §10-5.3(F).
(d) Planning Board Review and Action .
(i) The Planning Board shall review the application, hold a quasi-
judicial public hearing, and deGide the appliGatioR make a
recommendation in accordance with §10-5.3"(G).
(ii) The deoision recommendation shall be one of the following. -
A. Recommend approval of Appfeve the application as
submitted;
B. Recommend approval of Approve the application
subject to conditions; or
C. Recommend denial of Deny the application;.
D. Remand the appliGation baGk to the DireGtGF f0F further
GORsideratien (This may Fecluffire further publiG hearing
(e) City Commission Request for Review and Decision
(i) The City Commission shall review the application, hold a quasi-
judicial public hearing and decide the application in accordance
with §10-5.3(H). if aR appliGatien fer speGial eXGeptien isappre ved or denied threugh the PlanRing Board, the Get
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type are additions.
(ii) The decision shall be one of the following:
A. Approve the application as submitted'
B. Approve the application subject to conditions
C. Deny the application; or
• D. Remand the application back to the Director and
Planning Board for further consideration. (This may
require further public hearing notice and additional
review fees.)
_. days 4GM
the date the motion is adepted. NGtiGe of the .. shall be given
GOMMiSSieR shall be by de Reve hearing �ed by the
. al exGeptiOR shall be applied. At the GenGlusion of the heaFiRg,
(iii) The timeframes for setting a hearing provided herein may be
extended by written request of the applicant.
(4) Review Standards. A Special Exception application shall be approved
only if the Planning -heard City Commission makes the following findings,
based on competent substantial evidence in the record:
(a) The proposed development will be consistent with the
Comprehensive Plan;
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Temp. Ord. # 2464
April 28, 2021
Page 16 of 25
(b) The proposed development will comply with applicable zoning• district, use, and development standards of this Code;
(c) The proposed development will be compatible with the existing
natural environment and community character of the properties
within the immediate neighborhood;
(d) The proposed development will be desirable for public convenience,
and not injurious or otherwise detrimental to the public health, safety,
comfort, and welfare;
(e) The proposed development will minimize adverse effects, including
noise, light, dust, or other potential nuisances, on adjacent
properties to the greatest extent practicable;
(f) The proposed development will include adequate provisions for safe
and convenient vehicular and pedestrian traffic movement to, from,
and through the site that minimizes traffic congestion in the public
streets;
(g) The site area is sufficient, appropriate, and adequate for the use and
any reasonably anticipated expansion of the use;
(h) The Special Exception shall only remain valid during the period of
which the certificate of occupancy and business license remains •
active;
(i) The Special Exception is transferable administratively pursuant to
compliance with City Codes, submitting documentation and payment
of fees only after the previous condition has been met; and
(j) Any pre-existing code violations shall be satisfied before a certificate
of occupancy is issued for the proposed use.
Section 8: The City Commission of the City of Tamarac hereby amends
Chapter 10 of the City's Code of Ordinances, "Land Development Code, " by
amending Article V "Administration," Section 10-5.4 "Application — Specific
Review Procedures" as follows:
ARTICLE V. — ADMINISTRATION
10-5.4 Application — Specific Review Procedures
(H) Site Plan Approval •
CODING: Words in type are deletions from the existing law; Words in underscore
type are additions.
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Temp. Ord. #2464
April 28, 2021
Page 17 of 25
(3) Major Site Plan Approval Procedure. Table 10-5.1: and the
following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Major Site Plan
Approval applications and note any specific variations of, or
additions to, those review steps.
(a) Pre -Application Staff Conference. The applicant shall hold
a pre -application conference with City staff in accordance
with §10-5.3(B).
(b)
Pre -Application Neighborhood Meeting. The applicant
shall hold a pre -application neighborhood meeting in
accordance with §10-5.3(C).
(c)
Application Submittal and Acceptance. The application
shall be submitted and accepted, and may be withdrawn, in
accordance with §10-5.3(D), except that the application shall
include a site plan. In addition to the materials required by the
administrative manual, the following studies may be required
at the Director's discretion: a natural resources survey or
resource management plan, a traffic study, conceptual
engineering plans, parking study, architectural review and
consultant fee, feasibility analysis, a phasing plan, and any
other study the Directorls deems appropriate.
(d)
Staff Review and Action. The Director shall review the
application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(e)
Planning Board Review and Action
(i) The Planning Board shall review the application, hold
a quasi-judicial public hearing, and /ienir+e the
appl+sation make a recommendation in accordance
with §10-5.3"(G).
(ii) The desis+ea recommendation shall be one of the following:
A. Recommend approval of Appfeve the
application as submitted;
B. Recommend approval of Appfeve the
application subject to conditions; or
C. Recommend denial of Derry the application,.
further nOn i`ieratiGn (This may require further
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April 28, 2021
Page 18 of 25
fees.) r
(f) City Commission Request for Review and Decision
(1) The City Commission shall review the application hold
a quasi- judicial public hearing and decide the
application in accordance with §10-5.3(H).
(ii) The decision shall be one of the following:
A. Approve the application as submitted;
B. Approve the application subject to conditions,
C. Deny the application; or
D. Remand the application back to the Director
and Planning Board for further consideration (This
may require further public hearing notice and
additional review fees.)
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Temp. Ord. #2464
April 28, 2021
Page 19 of 25
IT10tiOR is adepted. NetiGe of the hearing shall be given
to the publiGG as diFeGted in • ..
HeaFings. Review Cipi
-
Commission shall be by de ..
eXGeption shall be applied.At the GORGIUS40R of the
heaFiRg, the City Commission
Genditions, or denying the
(iii) The timeframes for setting a hearing provided herein
may be extended by written request of the applicant.
(6) Site Plan Approval Standards. An application for Major Site Plan
Approval or Minor Site Plan Approval shall be approved only if the
City Commission, Planning Board, or Director, as appropriate,
determines that the proposed development:
(a) Will be consistent with the Comprehensive Plan;
(b) Will comply with applicable district, use, and development
standards in this Code; and
(c) Will comply with all requirements and conditions of approval.
Section 9: The City Commission of the City of Tamarac hereby amends
Chapter 10 of the City's Code of Ordinances, "Land Development Code, " by
amending Article V "Administration," Section 10-5.4 "Application — Specific
Review Procedures" as follows:
ARTICLE V. — ADMINISTRATION
10-5.4 Application — Specific Review Procedures
(Q) Variance
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April 28, 2021
Page 20 of 25
(3) Procedure. Table 10-5.1: and the following subsections identify
those steps in the common review procedure (see §10-5.3)
applicable to the review of Variance applications and note any
specific variations of, or additions to, those review steps.
(a) Pre -Application Staff Conference. The applicant shall hold
a pre -application conference with City staff in accordance
with §10-5.3(B).
(b) Application Submittal and Acceptance. The application
shall be submitted and accepted, and may be withdrawn, in
accordance with §10-5.3(D).
(c) Staff Review and Action. The Director shall review the
application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(d) Scheduling and Public Notice of Meetings. The application
shall be scheduled, and required public notices provided, for
the Planning Board hearing in accordance with §10-5.3(F).
(e) Planning Board Review and Action.
(i) The Planning Board shall review the application, hold
a quasi-judicial public hearing, and deei a the is
make a recommendation in accordance
with §10-5.3"LQ.
(ii) The desisien recommendation shall be one of the
following:
A. Recommend approval of Approve the
application as submitted;
B. Recommend approval of Appirove the
application subject to conditions; or
C. Recommend denial of B" the application,.
D. Remand the appliGation bank to the DireGtor fo
fees.); or
(f) City Commission Review and Decision
(i) The City Commission shall review the application hold
a quasi- judicial public hearing and decide the
application in accordance with §10-5.3(H).
(ii) The decision shall be one of the following
A. Approve the application as submitted •
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Temp. Ord. #2464
April 28, 2021
Page 21 of 25
B. Approve the application subject to conditions;
C. Deny the application; or
D. Remand the application back to the Director
and Planning Board for further consideration. (This
may require further public hearing notice and
additional review fees.)
iii) The timeframes for setting a hearing provided herein
may be extended by written request of the applicant.
Post -Decision Actions and Limitations. The post -decision
actions and limitations in §10-5.3(J) shall apply to the
application except as follows:
(i) Effect of Approval
A. Approval of a Variance authorizes only the
particular regulatory relief approved as part of
the Variance, as applied only to the land for
which the Variance is approved, and only in
• accordance with any approved plans and
documents, and conditions of approval. It does
not exempt the applicant from the responsibility
to obtain all other development permits and
approvals required by this Code and any other
applicable laws, and does not indicate that the
development for which the Variance is granted
should receive approval of other applications for
a development permit required under this Code
unless the relevant and applicable portions of
this Code or any other applicable laws are met.
B. Unless it expires in accordance with provision
(ii) below, an approved Variance —including
any approved plans and documents and
conditions of approval —shall run with the land,
shall be binding on the landowners and their
successors and assigns, and shall not be
affected by a change in ownership. All
decisions, determinations, and interpretations
by City staff shall be consistent with the
approved Board Order granting the Variance.
(ii) Expiration of Approval. A Variance shall
automatically expire if development allowed by the
Variance is not commenced or other relief provided by
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(4)
Temp. Ord. # 2464
April 28, 2021
Page 22 of 25 •
the Variance does not take place within one year after
the date the Variance is approved. This time period
maybe extended under §10-5.3(J)(3)(b)(ii), Extension
of Expiration Time Period.
Review Standards
(a) General Variance Review Standards. A Variance application
shall be approved only if the PlanniRg Bark City Commission
reaches each of the following conclusions, based on findings of
fact supported by competent, substantial, and material evidence
presented at the hearing:
(i) There are special conditions and circumstances (such
as topographic conditions or the narrowness,
shallowness, or shape of the lot) pertaining to the
particular property for which the Variance is sought,
that do not generally apply to other property subject to
the standard from which the Variance is sought;
(ii) The special conditions and circumstances referred to
above are not the result of the actions of the
landowner,
(iii) Because of the special conditions and circumstances ,
referred to above, the literal application of this Code to
development of the property for which the Variance is
sought would effectively deprive the landowner of
rights commonly enjoyed by other properties subject to
the standard from which the Variance is sought, and
would result in unnecessary and undue hardship on
the landowner;
(iv) The Variance would not confer any special privilege on
the landowner that is denied by law to other similarly
situated properties subject to the standard from which
the Variance is sought;
(v) The extent of the Variance is the minimum necessary
to allow a reasonable use of the property;
(vi) The Variance is in harmony with the general purpose
and intent of this Code and preserves its spirit;
(vii) The Variance would not adversely affect the health or
safety of persons residing or working in the
neighborhood, be injurious to property or
improvements in the neighborhood, or otherwise be
detrimental to the public welfare; and •
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April 28, 2021
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(viii) The Variance is consistent with the Comprehensive
Plan.
(b) Insufficient Grounds for Approving Variances
(i) The following factors shall not constitute sufficient
grounds for approval of any Variance:
A. A request for a particular use that is expressly,
or by inference, prohibited in the zoning district;
B. Hardships resulting from factors other than
application of requirements of this Code;
C. The fact that property may be utilized more
profitably or be more marketable with a
Variance; or
D. The citing of nonconformities in the same or
other zoning districts.
(ii) Should an applicant wish to appeal a decision by the
City Commission, the applicant
shall follow the provisions of §10-5.4(R),
is
Administrative Appeal and appeal to the courts.
•
Section 10: It is the intention of the City Commission of the City of
Tamarac, Florida, 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 "Section," "Article" or such other word or phrase
in order to accomplish such intention.
Section 11: If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and so not affecting the remaining portions or
applications remaining in full force and effect.
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April 28, 2021
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Section 12: All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent
of such conflict.
Section 13: This Ordinance shall become effective immediately upon
adoption.
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Temp. Ord. #2464
April 28, 2021
Page 25 of 25
PASSED, FIRST READING this 1day of Prfj� L , 2021.
PASSED, SECOND READING this /Afr-day of M , 2021.
ATTEST -
JENYfFER JO ` SCAN, C
CITY CLERK
I HEREBY CERTIFY that I
have approved this
ORDINANCE as, to form.
UkN-SX)TTINOT
ITY ATTORNEY
WaHELLE --
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ V�
DIST 1:
COMM. BOLTON
DIST2:
COMM. GELIN
DIST3:
V/M VILLALOBOS
�s
DIST4:
COMM. PLACKO =
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ N 0,
DIST 1: COMM. BOLTON LA-6—
DIST 2: COMM. GELIN _L
A��
DIST3: V/M VILLALOBOS kJo
DIST 4: COMM. PLACKO
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