HomeMy WebLinkAboutCity of Tamarac Resolution R-2024-030Temp. Reso. No. 14085
March 13, 2024
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2024- OSO
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING A REASONABLE TIME
EXTENSION OF THE NOTICE TO THE PUBLIC OF A PENDING
ORDINANCE FOR AN ADDITIONAL ONE HUNDRED AND
EIGHTY (180) DAYS IN ACCORDANCE WITH CHAPTER 10,
SECTION 10-5.4(U)(3)(b)(iii) OF THE CITY OF TAMARAC
CODE OF ORDINANCES; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO UNDERTAKE FURTHER
STUDY AND REVIEW OF FLORIDA STATE STATUTES AS SET
FORTH IN CHAPTER 2023-17, LAWS OF FLORIDA, SECTION
166.04151, FLORIDA STATUTES (2023), SENATE BILL 328,
AND OTHER LAND DEVELOPMENT REGULATIONS
ADDRESSING AFFORDABLE HOUSING, MIXED -USE AND
MULTI -FAMILY PROJECTS 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, on September 13, 2023, the City Commission of the City of Tamarac
approved by Resolution (TR 14001) a Notice to the Public of a Pending Ordinance for
one -hundred and eighty (180 days) to allow City staff 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, Section
166.04151, Florida Statutes (2023), also known as the "Live Local Act", and other land
development regulations, and address affordable housing, mixed -use, and multi -family
projects located within the City limits, pursuant to Section 10-5.2(U) of the City of Tamarac
Temp. Reso. No. 14085
March 13, 2024
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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); and
WHEREAS, on January 4, 2024, Senator Alexis Calatayud filed SIB 328: Affordable
Housing, introducing new preemptions on local development controls related to density,
height, floor area ratio, parking requirements, and proximity to single-family residential
use, military installations, which was adopted by the Florida Senate on February 7, 2024;
and
WHEREAS, the Notice to the Public of a Pending Ordinance approved by
Resolution (TR 14001) expires on March 13, 2024; and
WHEREAS, the City wishes to extend the Notice to the Public of a Pending
Ordinance for an additional one -hundred and eighty (180 days) in accordance with
Chapter 10, Section 10-5.4(u)(3)(b)(iii) of the City Of Tamarac Code of Ordinances to
allow City staff to prepare and process an ordinance that addresses Chapter 2023-17,
Laws of Florida and Section 166.04151, Florida Statutes (2023), new preemptions and
provisions of SB 328 (2024), and other land development regulations and place the public
and all parties on notice that the City is considering land development regulation
amendments addressing the aforesaid matters; and
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
Temp. Reso. No. 14085
March 13, 2024
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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. The Notice to the Public of a Pending Ordinance is hereby extended
from one hundred eighty (180) days to three hundred sixty (360) days with a new
expiration date of September 9, 2024.
SECTION 3. 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, State Bill 328, and other land development regulations addressing affordable
housing, mixed -use and multi -family projects.
SECTION 4. 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.
Temp. Reso. No. 14085
March 13, 2024
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 1311k DAY OF R Iq-ACN , 2024.
ATTEST:
KI BERLY DI LON, CMC
CITY CLERK
�/" a6a I--
MICH LLE J. GOME
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1:
COMM. BOLTON
DIST 2:
V/M WRIGHT
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THIS CITY OF TAMARAC ONLY.
HANS-0INOT
CITY ATTORNEY