HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-103Temp. Reso. No. 14001
September 13, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023- 103
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, PROVIDING NOTICE TO THE PUBLIC OF
A PENDING ORDINANCE AND DIRECTING STAFF TO
DEVELOP AND PROCESS FOR ADOPTION AN ORDINANCE
TO PROVIDE FOR CERTIFICATION OF COMPLIANCE OF
AFFORDABLE HOUSING PROJECTS AND OTHER LAND
DEVELOPMENT REGULATIONS ADDRESSING AFFORDABLE
HOUSING, MIXED -USE AND MULTI -FAMILY PROJECTS; AND
PROVIDING AN EFFECTIVE DATE AND AN EXPIRATION DATE
OF SIX (6) MONTHS.
WHEREAS, recent amendments to Florida State Statutes as set forth in Chapter
2023-17, Laws of Florida and Section 166.04151, Florida Statutes (2023), will preempt
some provisions of local comprehensive plans, zoning and land development regulation
provisions, by providing that "[a] municipality must authorize multifamily and mixed -use
residential as allowable uses in any area zoned for commercial, industrial, or mixed use
if at least 40 percent of the residential units in a proposed multifamily rental development
are, for a period of at least 30 years, affordable..." §166.04151(7)(a), Fla. Stat (2023)
also known as the "Live Local Act", and
WHEREAS, Section 166.04151, Florida Statutes, does not articulate how a
proposed development is intended to evidence compliance with the affordable housing
requirements necessary to benefit from the preemptions afforded under Chapter 2023-17
and Section 166.04151, Florida Statutes, including prior to issuance of building permit or
certificate of completion, or at any time during the minimum 30 year period provided for
in Section 166.04151(7)(a), Florida Statutes; nor does it set forth any penalties for non-
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September 13, 2023
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compliance which should be required in order to ensure that the purpose of the law is
achieved; and
WHEREAS, City staff is directed to prepare and process an ordinance to create
land development regulations to require evidence of and ensure compliance with the
affordable housing criteria as needed for a development to benefit from the preemptions
afforded under Section 166.04151, Florida Statutes, and other land development
regulations addressing affordable housing, mixed -use and multi -family projects; and
WHEREAS, the goal is to have such pending ordinance considered and adopted
within six (6) months from the effective date of this Resolution; and
WHEREAS, the City wishes to place the public and all parties on notice that the
City is considering land development regulation amendments addressing the aforesaid
matters; and
WHEREAS, other municipalities in Florida have adopted similar legislation to
permit its staff with an opportunity to review the new law to ensure proper implementation,
and
WHEREAS, pursuant to Section 10-5.2(U) of the City of Tamarac Code of
Ordinances and the pending legislation doctrine (or pending ordinance doctrine) set forth
in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), rev. dismissed, 403
So. 2d 407 (Fla. 1981), the City declares and implements Section 10-5.2(U) and the
pending ordinance doctrine concerning the zoning and land development regulations
governing properties and proposed affordable housing projects, mixed -use projects and
multi -family projects located within the City limits; and
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September 13, 2023
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WHEREAS, property owners and developers should be aware that provisions of
the pending ordinance not yet adopted by the City may be applied to any proposed
development and/or development order applications delayed until the adoption and
effectiveness of such ordinance; thus property owners and developers should not rely on
existing land development regulations in making investment and development related
decisions; and
WHEREAS, the City Commission in good faith determines that this Resolution is
in the best interest of the City and its residents and promotes the health, safety, and
welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1. The above recitals constitute legislative findings of the City
Commission and are incorporated herein as material provisions by this reference.
SECTION 2. City staff is directed to prepare and process an ordinance to create
land development regulations to require evidence of and ensure compliance with the
affordable housing criteria as needed for a development to benefit from the preemptions
afforded under Chapter 2023-17, Laws of Florida codified as Section 166.04151, Florida
Statutes, and other land development regulations addressing affordable housing, mixed -
use and multi -family projects. The City hereby implements Section 10-5.2(U) and the
"pending legislation doctrine" regarding such pending ordinance, and property owners
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September 13, 2023
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and developers are hereby placed on notice of the same and of the recitals set forth in
this Resolution.
SECTION 3. This Resolution shall become effective immediately upon its passage
and adoption and shall expire six (6) months after its adoption unless sooner terminated
with the adoption of an ordinance addressing the matters herein.
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September 13, 2023
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS I->4- DAY OF 56fr6M P eZ
MICR LLE J. GOME
MAYOR
ATTEST:
- J
IMBERLY bILLON, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON_
DIST 2: COMM. WRIGHT_
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
SUFFICIENCY FOR THE USE AND
C ONLY.
CITY ATTORNEY