HomeMy WebLinkAboutCity of Tamarac Ordinance O-2011-017Temp. Ordinance #2235
October 25, 2011
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ORDINANCE NO.2011-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 24, ENTITLED
"ZONING," BY AMENDING ARTICLE II, ENTITLED
"ADMINISTRATION"; BY SPECIFICALLY CREATING DIVISION
69 TO BE ENTITLED "ZONING IN PROGRESS"; PROVIDING FOR
PROCEDURES AND CRITERIA FOR DECLARING ZONING IN
PROGRESS AS TO ZONING REGULATIONS CITYWIDE AND/OR
WITHIN DESIGNATED OVERLAY DISTRICTS; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Manager and the City's professional planning staff
continuously monitor and review the City's Land Use Regulations and Comprehensive Land
Use Plan to ensure appropriate development in the City, and from time to time recognizes the
need to study and amend aspects of such; and
WHEREAS, as part of a study, the City Administration undertakes a thorough and
complete study of the issues in order to develop appropriate amendments to the City's Land
Development Regulations, including the concept of mixed use development, as well as to
ensure consistent and continuing compliance with the City's Comprehensive Plan; and,
WHEREAS, the City Manager may determine from time to time that it is in the best
interest of the City to retain a private, outside consultant, to assist with the study and review
of certain development issues; and,
WHEREAS, review of development issues and the adoption of amendments to the
City's Land Development Regulations takes time, and as a result Florida courts have
recognized a concept of "zoning in progress," which allows governments to review issues and
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adopt zoning changes and to require potential applicants to develop according to the standards
and regulations being developed; and,
WHEREAS, Florida law provides that "zoning in progress" is in effect when there
are active documented steps demonstrating the contemplated changes to be made; and,
WHEREAS, through "zoning in progress," the City Administration may better
implement the City Commission's vision, enhance the City's demographic characteristics
and respond to the citizen surveys; and,
WHEREAS, the City Administration recommends that the City Commission
create Chapter 24, Article Il, Division 6, to be entitled "Zoning in Progress", of the City's
Code of Ordinances to provide for a procedure and criteria to confirm "zoning in progress"
in the City so that City Administration and the City Commission can reasonably and
rationally review contemplated changes to the City's land development regulations and
zoning codes; and,
WHEREAS, the City Commission agrees with the recommendation of the City
Administration, and considers the requested ordinance to be in the best interests of the
citizens and residents of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified as being
true and correct and incorporated herein by this reference.
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SECTION 2. The City Commission of the City of Tamarac hereby amends
Chapter 24, entitled "Zoning," by amending Article II, entitled "Administration," by
specifically creating Division 6, to be entitled "Zoning in Progress," of the City's Code of
Ordinances, as follows:
Section 24-101 Zoning In Progress.
(1) Whenever it shall appear to the City Manager that it is in the public
interest to make a comprehensive determination as to whether
existingL zoning districts and regulations applying to a portion of
the area of the city are appropriate, and it further appears to the
Cily Manager that the said existing oning districts and regulations
may be detrimental to the said area, using the criteria set forth
herein, should they continue to remain applicable and building
permits are issued predicated thereon, the Cily Manager shall
immediately issue an administrative order delineating the area(s) in
question and prohibiting the issuance of any permits except as
provided in this section.
(2) Any administrative order shall be complied with by all city
personnel, and shall be effective until reversed or modified by
resolution of the City Commission.
(3) Upon issuance of an administrative order, the City Manager shall
place the matter on the next available City Commission agenda for
review and adoption of a resolution confirming the administrative
order.
(4) Should the City Commission determine that the City Manager's
development order should be validated, it shall adopt a resolution
affirming the administrative order, and directing that no permits be
issued within the affected area during the period of time covered
by the resolution unless such are consistent with the administrative
order and the resolution. The City Commission's order may fix a
time within which the City Manager shall report back to the City
Commission with his/her recommendations relating to appropriate
zoning districts and regulations for the affected areas. The said
time limitation shall be the minimum reasonable time based upon
the time needed for a comprehensive analysis of the area.
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(5) Should the City_Manager be unable to report back to the City
Commission within the time prescribed by its resolution, upon
timely request by the Cily Manager the City Commission may
reasonably extend the time limitation upon the adoption of a
resolution.
(6) When zoning in progress is in place pursuant to this section, upon
notification by the CityManager that he/she is prepared to submit
his/her recommendations relating to the affected area, a public
hearing will be held by the City Commission at the earliest
practicable time, after reasonable notice by publication in a
newspaper of general circulation in the city. Should the City
Commission determine that the applicable zoning districts and
regulations should be changed, or new districts or regulations
should be created, it shall immediately initiate the actions required
elsewhere within this code for such changes.
(7) At the public hearing required in paragraph (6), the Ci
Commission shall consider the propriety of proposed changes to
the land development regulations recommended by the City
Manager. The City Commission's determination shall be
predicated upon the reasonable necessity for a detailed
comprehensive analysis of the area in question and the probability
of detriment to the character of the area by the continued
application of the existing zoning districts and regulations using
criteria including, but not limited to, the following:
l . To promote redevelopment and eliminate_ the causes of
physical and economic blight;
2. To enrich the visual and functional quality of the
streetscape for all user groups;
3. To create housing/affordable housing opportunities and
choices by presenting innovative mixed land -use proposals;
4. To create an environment which fosters economic
development through commercial
redevelopment/revitalization, investment and job creation;
5. To create oiportunities and incentives that facilitate
redevelopment of private property;
6. To improve circulation for pedestrians, bicyclists and 00.0%
motorists;
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7. To maintain Tamarac's strong demographic make-up and
enhance the community's competitive position within
Broward County;
8. Improper land use distribution; or
9. Any other factor which has a deleterious effect on the
quality of life of the residents of the area, economic
viability and overall environment.
(8) Upon the completion of the consideration of all zoning_ district
changes relating to the affected area, and adoption of same, the
zoningin n progress initiated under this section shall terminate.
(9) Notwithstanding the issuance of any administrative order, the City
Manager may in his/her discretion, authorize the issuance of
building_ permits for non -deleterious items, including, but not
limited to, fences, repairs, utilities, maintenance, and like matters
that are not directly affected by the proposed changes to the zoning
code.
(10) During the existence of the zoning in progress, no applications for
variances, special exceptions, zoning district changes or any other
re ug latoryapprovals, within the affected area, shall be acted upon
by and city department, except as provided by the City
Commission in its resolution or upon confirmation by the City
Manager that such application, if approved, would be consistent
with the contemplated amendments to the land development
regulations.
(11) If a building^ permit has been issued for M proposed building,
structure, or other improvement in an area of the city that is
subsequently subject to a zoning in progress established pursuant
to this section pursuant to the terms of this article, and no actual
construction or substantial land development has been initiated
prior to the issuance of the administrative order by the City
Manager, said permit shall be revoked unless the said building
permit comes within the terms of (9) above. In the event of
revocation, any permit fees paid to the city shall be refunded in
full.
(12) This section is intended to provide an administrative and
legislative procedure to confirm "zoning in progress," and is not to
be interpreted as precluding the City Commission from
establishing "zoning in progress" through any other means
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supportable under Florida law to establish the necessary active and
documented steps to effectuate "zoning in progress."
SECTION 3. 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 work "Ordinance" may be changed to "Section", "Article" or
such other word or phrase in order to accomplish such intention.
SECTION 4. Severability. If any clause, section or other part of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way affecting the
validity of the other provisions of this Ordinance.
SECTION 5. Conflicts. All Ordinances or parts of Ordinances, Resolutions or parts
of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
SECTION 6. Effective Date. This Ordinance shall take effect immediately upon its
adoption.
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T READING this I4 day of " ., 2011.
PASSED, FIRS y ,
PASSED, SECOND READING this 14aday of �� , 2011.
BY: c Ub ,
ATT ST: MAYOR PAMELA BUSHNELL
c�
, ECORD OF
4 CIF•. ~ --.P P(,/' ' R RICH SON
COMMISSION VOTE: 1ST Reading
qY CLERK MAYOR BUSHNELL
oo
DIST 1: COMM. SWENSON
w : ESTABLISHED'. e DIST 2: V/M, GOMEZ
1963 : Q DIST 3: COMM. GLASSER
;0'•
�.r�•. SEAL o DIST 4: COMM. DRESSLER
CO t4-0 �\�I�`HEREBY CERTIFY that
"u11 , pP
I have approved this
—
ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading
JEL S. GOREN
ATTORNEY
MAYOR BUSHNELL
DIST 1: COMM SWENSON
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
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