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HomeMy WebLinkAboutCity of Tamarac Resolution R-2024-030Temp. Reso. No. 14085 March 13, 2024 Page 1 of 4 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 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4 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