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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-003 Amending Application Specific Review ProceduresTemp. Ord. No. 2493 February 15, 2022 Page 1 of 10 0 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2022 - OVS AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; LIFTING ZONING IN PROGRESS BY AMENDING CHAPTER 2 OF THE CITY OF TAMARAC CODE OF ORDINANCES, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE X, ENTITLED "QUASI-JUDICIAL PROCEEDINGS"; BY SPECIFICALLY AMENDING SECTION 2-369 ENTITLED "QUASI- JUDICIAL MATTERS" OF THE CITY OF TAMARAC CODE OF ORDINANCES TO DELETE SITE SPECIFIC LAND USE PLAN AMENDMENTS FROM THE LIST OF DESIGNATED QUASI- JUDICIAL MATTERS AND AMENDING CHAPTER 10 OF THE CITY OF TAMARAC CODE OF ORDINANCES, ENTITLED "LAND DEVELOPMENT CODE", BY AMENDING ARTICLE 5, ENTITLED "ADMINISTRATION", AMENDING SECTION 10-5.2, ENTITLED "SUMMARY TABLE OF DEVELOPMENT REVIEW PROCEDURES", BY SPECIFICALLY AMENDING TABLE 10-5.1, ENTITLED "SUMMARY OF DEVELOPMENT REVIEW PROCEDURES" CHANGING THE REQUIRED PUBLIC HEARING FORMAT FOR SITE -SPECIFIC COMPREHENSIVE PLAN AMENDMENT • APPLICATIONS FROM QUASI-JUDICIAL PUBLIC HEARING TO STANDARD PUBLIC HEARING, AND AMENDING SECTION 10-5.4, ENTITLED "APPLICATION -SPECIFIC REVIEW PROCEDURES" BY DELETING THE REQUIREMENT FOR THE PLANNING BOARD AND THE CITY COMMISSION TO HOLD A QUASI-JUDICAL HEARING FOR SITE -SPECIFIC LAND USE PLAN AMENDMENT APPLICATIONS, TO ENSURE CONSISTENT APPLICATION OF THE CODE IN ACCORDANCE WITH THE APPLICABLE FLORIDA SUPREME COURT RULING; PROVIDING FOR CODIFICATION; 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, Article VIII, Section 2(b) of the Florida Constitution; Chapter 166 Florida Statues (Municipal Home Rules Powers Act); Section 163.3161 Florida Statutes • (Community Planning Act) and the Charter of the City empower and require the City to CODING: Words in strife +hFe inh type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2493 February 15, 2022 Page 2 of 10 establish a Code of Ordinances; and • WHEREAS, 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; and WHEREAS, the city's Code of Ordinances was originally adopted in 1975 and have been amended from time to time due to legislative changes both at the state and local level; and WHEREAS, the City's Code of Ordinances were amended in 2007 to establish guidelines for quasi-judicial proceedings; and WHEREAS, it has been well established according to Florida case law in Martin County v. Yusem, 680 So.2d 1288 (Fla. 1997) and City of Jacksonville Beach v. Coastal Development of North Florida, Inc., 788 So. 2d 204 (Fla. 2001) that both Large -Scale and is Small -Scale Comprehensive Plan Amendments are legislative matters; and WHEREAS, an amendment to Chapter 2, Article X, Section 2-369 of the City's Code entitled "Quasi -Judicial Matters" is necessary to ensure consistency with established case law by removing Site -Specific Comprehensive Plan Amendments from the list of identified quasi-judicial procedures; and WHEREAS, at the time of adoption, Ordinance 2007-15 inadvertently identified Site -Specific Comprehensive Plan Amendments (also known as Site -Specific Land Use Amendments) as quasi-judicial matters; and WHEREAS, in addition to Ordinance 2007-15, Chapter 10, Article 5 of the City's existing Code of Ordinances contains conflicting information on the review standard for Site Specific Land Use Plan Amendments; and • CODING: Words in strike threu type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2493 February 15, 2022 Page 3 of 10 • WHEREAS, in an effort to address the conflicts, on November 3, 2021, the City Manager signed an Administrative Order instituting a 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 WHEREAS, on December 8, 2021 the Administrative Order signed by the City Manager was affirmed by the City Commission via Resolution 2021-143 declaring "Zoning in Progress" and instituting a 150-day moratorium on the submission or acceptance of development applications for Site -Specific Small -Scale and Large -Scale Land Use Comprehensive Plan Amendments, a copy of which is attached hereto as Exhibit "B", and incorporated herein by reference; and • WHEREAS, with the Zoning in Progress in place, staff undertook the study of the review standards applied to Site -Specific Small -Scale and Large -Scale Land Use Comprehensive Plan Amendment applications and the associated provisions that might impact the development application and determined that an amendment to the text of the City's Code is necessary to ensure consistent application of the Code in accordance with the applicable Florida Supreme Court Ruling; and WHEREAS, the Zoning in Progress is set to expire on April 2, 2022, and it is necessary and in the public's best interest to resolve the conflicting provisions within the City's Code of Ordinances; and WHEREAS, the proposed amendment supports the City's Strategic Plan Goal #4 "Tamarac is Vibrant" by establishing policies that are consistent with Florida case law the • City will continue to ensure that land development applications are processed in a CODING: Words in strike threu type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2493 February 15, 2022 Page 4 of 10 consistent and accurate manner; and • WHEREAS, the proposed amendment also supports the City's Strategic Plan Goal #5 "Tamarac is Smart and Connected" by applying the provisions within the City's Code in a consistent and accurate manner, the City will effectively enhance the land development process for both internal and external applicants; and WHEREAS, the Director of Community Development recommends approval of the ordinance amendment; and WHEREAS, the City Commission of the City of Tamarac wishes to ensure that land development policies impacting the local community are reviewed in a consistent and accurate manner. NOW, THEREFORE, be it ORDAINED by the City Commission of the City of TAMARAC, Florida, as follows: 0 SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. The City Commission hereby amends Chapter 2, Article X, entitled "Quasi -Judicial Proceedings" of the City Code, by amending Section 2-369 entitled "Quasi -Judicial Matters" so that the Code shall read as follows: Sec. 2-369 Quasi-judicial matters. For the purpose of this article, the following matters, regardless of whether the final determination is made by the City Commission or a Board, shall be considered to be quasi-judicial: (1) Site specific rezonings and site plans; (2) Site speGifin land use amendments; 0 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2493 February 15, 2022 Page 5 of 10 40 (3� Variances, including, but not limited to, trees, signs, setbacks, distance requirements between buildings or other variances permitted by the City Code; • {4)tqj Plat approvals; (5}(4) Special Exceptions which relate to the use of land and business. SECTION 3. The City Commission hereby amends Chapter 10, Article 5, Section 10-5.2 entitled "Summary Table of Development Review Procedures", Table 10-5.1 entitled "Summary of Development Review Procedures" so that the Code shall read as follows: 10-5.2 - Summary Table of Development Review Procedures. The following table lists the types of development applications authorized by this Code. For each type of application, the table indicates whether a pre -application staff conference or neighborhood meeting is required, what role City review authorities play in its review, when a public hearing is required, and what type of public hearing (standard or quasi-judicial) is involved. R [R] [D] Comprehensive General Required Plan Amendment - §10-5.4(B) Site- Required Specif4iliillIli Required R 4Ra LR] � [D] Establishment of Use—§10- Required 5.4(C) R [R] [D] Amendment to Text of Required Development Code—§1 ,, i 5.4(D) R [R] [D] Planned Development ;; Required Required R [R] [D] CODING: Words in strike throug-h type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2493 February 15, 2022 Page 6 of 10 Rezoning—§10- GenerRequired R [R] [D] 5.4(F) Site- Required Required R <R> <D> 1 specific r Permits and Development Approvals - Sp cie al Exception —§10-5.4(6 . R <R> I <D> Site Plan Major',', Required Required C R <R> <D> Approval----§10- Minor: Optional D i 5.4(H) Improvement Permit—§10- ° Optional D 5.4(i) Plat—§10-5.40) Required C R <R> <D> i Ten, orary Use/Stru , Optional D I Permit—§10-5.4(K) '. Sign Permit—§10-5.4(L) Optional I D Tree Removal License—§10-R See Broward County Tree Preservation and Abuse Ordinance 5.4(M) _ Building Permit--§10-5.4(N) Optional D Certificate of Occupancy—§ ' Optional D 10-5.4(0) �,, Vacation ofEasement Optional <D> Relief Procedures D Administrative Adjustment `` Required §10-5.4(Pj 7 Variance-§10-5.4(Q) Required R <R> <D> <D> 1 Administrative Appeal-§10- NSA 5.4(R) Other Procedures Flex and Redevelopment Un' Required R [R] [D] and Acreage—§10-5.4(S) Newsrack Certificate of s Optional D Corr. pliance—§10-5.4(T) Zoning in Progress Optional R D (Ord. No. 0-2021-020 , § 4, 5-12-21) SECTION 4. The City Commission hereby amends Chapter 10, Article 5, Section 10-5.4 entitled "Application -Specific Review Procedures", so that the Code shall read as follows: 10-5.4 Application —Specific Review Procedures C, • (A) General. This section sets forth supplemental procedures, standards, and related information for each development application reviewed under this • Code, as listed in Table 10-5.1: Summary of Development Review CODING: Words in strike through type are deletions from the existing law-, Words in underscore type are additions. Temp. Ord. No. 2493 February 15, 2022 Page 7 of 10 is Procedures. Each procedure is described by referencing the common review procedures in §10-5.3, Common Review Procedures, including any variations of or additions to the common procedures. (B) Comprehensive Plan Amendment (1) Applicability (a) The procedures and standards in this subsection apply to the review of any proposal to revise the text of the Comprehensive Plan or for a general or site -specific amendment of the land use classification applicable to land. (b) As described in F.S. §163.3187, site -specific Comprehensive Plan Amendments are considered small-scale when the proposed amendment involves a use of tee fib acres or fewer and does not involve a text change to the goals, policies, and objectives of the City's Comprehensive Plan. Text changes that relate directly to, and are adopted simultaneously with, a site -specific, small-scale future land use map amendment shall be permissible. • (2) 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 Comprehensive Plan Amendment 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. If the application is for a site -specific Comprehensive Plan Amendment, 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: (i) An application for a general Comprehensive Plan Amendment may be initiated only by the Director (upon referral from City staff, the Planning Board, or the City Commission); and CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2493 February 15, 2022 Page 8 of 10 (ii) An application for a site -specific Comprehensive Plan • amendment may be initiated by the Director (upon referral from City staff, the Planning Board, or the City Commission), the applicant for a concurrent site -specific Rezoning application for the same land, or any other person who may submit applications under §10-5.3(D)(1), Authority to Submit Applications. (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) 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). (f) Planning Board Review and Action (i) The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G). 0 (g) City Commission Review and Decision (i) If the application is for a small-scale amendment, the City Commission shall review the application, hold a public hearing in accordance with §10-5.3(I), and decide the application in accordance with §10-5.3(H). Small-scale development amendments require only one public hearing. (ii) If the application is for a Comprehensive Plan Amendment not classified as a small-scale amendment, the City Commission shall review the application, hold an initial public hearing in accordance with §10-5.3(I), and preliminarily approve or deny the application in accordance with §10-5.3(H). In accordance with F.S. §163.3184, an approval shall be preliminary, pending review and comment on the proposed amendment by reviewing agencies and the • public and a report by the State land planning agency. After CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2493 February 15, 2022 Page 9 of 10 • receiving the State land planning agency's report, the City Commission shall hold a second public hearing on the application and decide the application in accordance with §10-5.3(H). Comprehensive Plan AmeRdmeRt the hearing(S) shall he rt Yr � k irlr ie rt rt � k �t * rt Y� r Ye ie yr * it �k rt it it int ie �t �k SECTION 5. Codification. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code 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 6. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or • parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 7. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 8. Effective Date. This Ordinance shall become effective upon adoption. CODING: Words in strike # type are deletions from the existing law, Words in underscore type are additions. PASSED, FIRST READING this 91k day of MARc.4E PASSED, SECOND READING this RS"4day of /4"C-N /_r111111lx.1r c d JE4VIFER HNS N, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. Temp. Ord. No. 2493 February 15, 2022 Page 10 of 10 , 2022 , 2022. /1164" 9OX,, MICHELLE GOMEZ, MAYOR RECORD OF COMMISSION VOTE: 1ST Reading MAYOR GOMEZ L DIST 1: COMM BOLTON NO DIST 2 V/M GELIN DIST 3. COMM VILLALOBOS DIST 4: COMM PLACKO RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ A DIST 1 COMM BOLTON DIST 2. V/M GELIN DIST 3: COMM VILLALOBOS DIST 4. COMM PLACKO J . HERIN C TY TTORNEY CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. • • • • 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 • • Temporary Resolution No. 13713 November 18, 2021 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2021 - i4-3 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 0 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 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; and 19 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 0 Temporary Resolution No. 13713 November 18, 2021 is 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 is 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. Iri 0 Temporary Resolution No. 13713 November 18, 2021 • Page 5of5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY qF&k -, 2021. ATTEST: JENNYIER JOH)(SON,�MJ CITY CLERK • I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM CITY OF TAMARAC FLORIDA J41C(A. &E6 I "I-- - CHELLE J. GOMEZ, MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON a� DIST 2: V/M GELIN o- DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO This tion was filed in the Office of the City Clerk on this of 202� JSO 0 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 underwhich 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: Page 2 of 2 Kathleen Gunn Interim City Manager