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
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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:
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Kathleen Gunn
Interim City Manager