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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-020• • • 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upon which the state legislature may act, except when expressly prohibited by law; and WHEREAS, in 2018, the City repealed its Land Development Code and adopted a new Land Development Code which, among other things, made the Planning Board the final decision maker on certain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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. 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. CODING: Words in type are deletions from the existing law; Words in underscore type are additions. • • 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. 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: CODING: Words in type are deletions from the existing law; Words in underscore type are additions. • r� L • 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 c o Review c o Authorities m d u o R o ac, a v i d c o G C 0J a r G O DA G41O a s a E N _ Application Type z 2 c a U a n Uo a. u° in eo Uo Amendments Comprehensive Plan General Amendment - §Error! Reference source not Site -Specific found. i 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. _ --- .. ...... ...... _...._� 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 r� U 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. • 0 • 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. • • • • 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 CODING: Words in type are deletions from the existing law; Words in underscore 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. • CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. #2464 April 28, 2021 Page 11 of 25 • (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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. 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. • CODING: Words in type are deletions from the existing law; Words in underscore type are additions. 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. 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 CODING: Words in type are deletions from the existing law; Words in underscore 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; CODING: Words in type are deletions from the existing law; Words in underscore type are additions. 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. • 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2464 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.) CODING: Words in type are deletions from the existing law; Words in underscore type are additions. • C • 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2464 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 • CODING: Words in type are deletions from the existing law; Words in underscore type are additions. 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. (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 • CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. #2464 April 28, 2021 Page 23 of 25 • (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. CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2464 April 28, 2021 Page 24 of 25 • 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. "The remainder of this page is left blank intentionally" • CODING: Words in type are deletions from the existing law; Words in underscore type are additions. • • • 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions.