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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-143Temporary Resolution No. 13713 November 18, 2021 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2021 - 14-3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AFFIRMING AND RATIFYING THE INTERIM CITY MANAGER'S ADMINISTRATIVE ORDER DATED NOVEMBER 3, 2021, ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN, DECLARING ZONING IN PROGRESS AND INSTITUTING A 150-DAY MORATORIUM ON THE SUBMISSION AND ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR SITE SPECIFIC SMALL-SCALE AND LARGE-SCALE LAND USE COMPREHENSIVE PLAN AMENDMENTS IN THE CITY OF TAMARAC, IN ACCORDANCE WITH CHAPTER 10, SECTION 10-5.4(U) OF THE CITY OF TAMARAC CODE OF ORDINANCES; AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO UNDERTAKE STUDY OF THE REVIEW STANDARD APPLIED TO SITE SPECIFIC SMALL SCALE AND LARGE SCALE LAND USE COMPREHENSIVE PLAN AMENDMENTS AND THE ASSOCIATED PROVISIONS THAT MIGHT IMPACT THESE DEVELOPMENT APPLICATIONS AND CREATE A LONG-TERM STRATEGY TO ENSURE CONSISTENT APPLICATION OF THE CODE IN ACCORDANCE WITH THE APPLICABLE FLORIDA SUPREME COURT RULING; PROVIDING THAT UPON THE ADOPTION OF THIS RESOLUTION AFFIRMING THE ADMINISTRATIVE ORDER, NO DEVELOPMENT APPLICATION FOR LARGE-SCALE OR SMALL-SCALE LAND USE PLAN MAP AMENDMENT SUBMISSIONS DURING THE TIME PERIOD COVERED BY THIS RESOLUTION SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Supreme Court has determined that the formation of a general rule of policy is legislative and that the application of a general rule or policy to specific individuals, interests, or activities is quasi-judicial in nature.; and WHEREAS, it has been a long- and well -established law in the State of Florida that Comprehensive Plan Amendments are legislative acts; and WHEREAS, the Florida Supreme Court determined in Martin County v. Yusem, 680 So.2d 1288 (Fla. 1997) that Comprehensive Plan Amendments are legislative matters; and Temporary Resolution No. 13713 November 18, 2021 Page 2 of 5 WHEREAS, the City of Tamarac Code of Ordinances contain conflicting provisions which identifies Site Specific Land Use Plan Amendments as both quasi-judicial and legislative; and WHEREAS, it is necessary to study the potential impact on the City and the probability of detriment to development applications filed by the continued application of the existing regulations; and WHEREAS, staff is actively developing and processing a proposal to amend the City of Tamarac Code in a way that would preclude the processing of Site -Specific Small Scale and Large -Scale Land Use Comprehensive Plan Amendments as quasijudicial; the circumstances under which continuances of Comprehensive Plan public hearings may be granted, and when Comprehensive Plan amendments can be resubmitted if withdrawn or denied; and WHEREAS, any authorization or approval of Site- Specific Small Scale and Large - Scale Land Use Comprehensive Plan Amendments before the proposed amendment is decided would be detrimental to the public interest; and WHEREAS, the City of Tamarac Comprehensive Plan, Future Land Use Element, Objective 1, requires the City of Tamarac to administer and adopt appropriate Land Development Code revisions, amending them as needed to respond to changing conditions; and WHEREAS, on November 3, 2021, the Interim City Manager signed an Administrative Order instituting a 150-day moratorium on the submission and acceptance of Development Applications for Site Specific Small -Scale and large -Scale Land Use Comprehensive Plan Amendments in the City of Tamarac, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference; and Temporary Resolution No. 13713 November 18, 2021 Page 3 of 5 WHEREAS, pursuant to Section 10-5.4(U) of the City of Tamarac Code of Ordinances, the Interim City Manager, subject to the confirmation by the City Commission pursuant to this Resolution, has imposed a prohibition on the submission, processing, or approval of Development Application for Large -Scale or Small -Scale Land Use Plan Map Amendment for parcels within the City's municipal boundaries for a period of one hundred and fifty (150) days from the date of the Administrative Order; and WHEREAS, such a prohibition for one hundred and fifty (150) days is the minimum reasonable time based upon the time needed to enable the City's professional staff to study the City of Tamarac Code of Ordinances provisions impacted to ensure compliance with local and state laws; and WHEREAS, the City Commission approves of and affirms the City Manager's Administrative Order, and hereby finds that the ratification of same is in the best interest of the citizens and residents of the City. NOW, THEREFORE, be it resolved by the City Commission of the City of Tamarac, Florida, that: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution, all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. Section 2. That pursuant to Section 10-5.4(U) of the City of Tamarac Code of Ordinances, ("Zoning in Progress"), the City Commission affirms and ratifies the Interim City Manager's November 3, 2021, Administrative Order prohibiting the submission, Temporary Resolution No. 13713 November 18, 2021 Page 4 of 5 processing, or approval of Development Application for Large -Scale or Small -Scale Land Use Plan Map Amendment for parcels within the corporate limits of the City of Tamarac. Section 3. The Zoning in Progress shall cease at the earliest of the expiration of one hundred and fifty (150) days from the issuance of the Administrative Order, upon the effectiveness of an Ordinance addressing the subject matter of the Administrative Order, or upon the adoption of a resolution terminating the Zoning in Progress. Section 4. That the City Commission hereby directs the City Manager to undertake study of the review standard applied to Site Speck Small Scale and Large Scale Land Use Comprehensive Plan Amendments and the associated provisions that might impact these development applications and create a long-term strategy to ensure consistent application of the code in accordance with the applicable Florida Supreme Court ruling. Section 5. The City Commission hereby authorizes and directs the appropriate City Officials to do all things necessary and expedient to effectuate the intent of this Resolution. Section 6. This Resolution shall become effective immediately upon its passage and adoption. THIS PORTION OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Temporary Resolution No. 13713 November 18, 2021 Page 5 of 5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY F ` --, 2021. CITY OF TAMARAC FLORIDA M CHELLE J. GOM , MAYOR ATTEST: JWN1 ER JOH SON, CM G�•� CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN o.. DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM J IMATT � ET R., CITY ATT RNE This R�solltion was filed in the Office of the City Clerk on thisk�day of 202/ CITY OF TAMARAC, FLORIDA ADMINISTRATIVE ORDER ORDER DECLARING ZONING IN PROGRESS AND INSTITUTING A 150 DAY MORATORIUM ON THE SUBMISSION AND ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR SITE SPECIFIC SMALL-SCALE AND LARGE-SCALE LAND USE COMPREHENSIVE PLAN AMENDMENTS IN THE CITY OF TAMARAC. BACKGROUND The Florida Supreme Court has determined that the formation of a general rule of policy is legislative and that the application of a general rule or policy to specific individuals, interests, or activities is quasi-judicial in nature. It has been a long- and well -established law in the State of Florida that Comprehensive Plan Amendments are legislative acts. The Florida Supreme Court determined in Martin County v. Yusem, 680 So.2d 1288 (Fla. 1997) that Comprehensive Plan Amendments are legislative matters (the matter in Yusem was a site -specific future land use map amendment). Currently, the City's Code of Ordinances contain conflicting provisions which identifies Site Specific Land Use Plan Amendments as both quasi-judicial and legislative. In order to effectively and consistently apply the Code, it is necessary to study the potential impact on the City and the probability of detriment to development applications filed by the continued application of the existing regulations. Staff is actively developing and processing a proposal to amend the Code in a way that would preclude the processing of Site -Specific Small Scale and Large -Scale Land Use Comprehensive Plan Amendments as quasi-judicial; the circumstances under which continuances of Comprehensive Plan public hearings may be granted, and when Comprehensive Plan amendments can be resubmitted if withdrawn or denied. Any authorization or approval of Site - Specific Small Scale and Large -Scale Land Use Comprehensive Plan Amendments before the proposed amendment is decided would be detrimental to the public interest. The City's adopted Comprehensive Plan, Future Land Use Element, Objective 1 requires the City to administer and adopt appropriate land development code revisions, amending them as needed to respond to changing conditions. It is therefore necessary and in the public's best interest to study the review standard applied to Site Specific Small Scale and Large Scale Land Use Comprehensive Plan amendments and the associated provisions that might impact these development applications and create a long-term strategy to ensure consistent application of the Code in accordance with the applicable Florida Page 1 of 2 Supreme Court ruling. The "zoning in progress" is intended to allow staff sufficient time to study the provisions impacted to ensure compliance with local and state laws. ORDER Pursuant to Chapter 10, Section 10-5.4(U) of the Code of Ordinances of the City of Tamarac, Florida, the Interim City Manager hereby issues an Administrative Order declaring "Zoning in Progress", prohibiting the submission and acceptance of applications for administrative review, land development permits, and building permits for Site Specific Small Scale and Large Scale Land Use Comprehensive Plan Amendments within the City's municipal boundaries. All previously submitted applications pending at the time of the effective date of the Zoning in Progress are hereby exempt. Furthermore, the City Manager/Community Development Director declares "Zoning in Progress" for a period of one hundred and fifty (150) days from the date of this Administrative Order to allow Staff to study the review standard applied to Site Specific Small Scale and Large Scale Land Use Comprehensive Plan amendments and the associated provisions that might impact these development applications and create a long-term strategy to ensure consistent application of the Code in accordance with the applicable Florida Supreme Court ruling; providing that the Administrative Order shall be complied with by all city personnel and shall be effective immediately upon execution, subject to affirmation by resolution of the City Commission, unless reversed, modified or superseded by resolution passed by the City Commission. In accordance with Section 10-5.4(U) of the City of Tamarac Code of Ordinances, this matter shall be placed on the next available City Commission agenda of December 8, 2021, for review and adoption of a Resolution confirming this administrative order. Effective date: November 3, 2021 Expiration date: April 2, 2022 Contact: Robert Johnson III, Planning & Zoning Manager Community Development Department Planning and Zoning Division (954) 597-3533 Approved by: Kathleen Gunn Interim City Manager Page 2 of 2