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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2018-0041 Temp. Ord. No.#2376 March 28, 2018 Page 1 of 5 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2018- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM UNTIL AUGUST 19, 2018, ON THE ACCEPTANCE OF APPLICATIONS FOR ADMINISTRATIVE REVIEW, LAND DEVELOPMENT PERMITS, AND BUILDING PERMITS FOR THE USE OF LAND FOR NEW OR EXPANDED PLACES OF WORSHIP, VENUES FOR ASSEMBLY, AUDITORIUMS, AND SIMILAR USES; PROHIBITING THE ISSUANCE OF ANY NEW BUSINESS TAX RECEIPTS CITYWIDE FOR ASSEMBLY RELATED USES DURING THE MORATORIUM PERIOD; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City of Tamarac is authorized and required to protect the public health, safety and welfare of its citizens, and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law; and WHEREAS, the public health, safety and welfare is a legitimate public purpose recognized by the courts of Florida, and WHEREAS, the City's 2007 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 Commission finds that regulations governing the development of places of worship, venues for assembly, auditoriums, and similar uses in the City of Tamarac should be addressed as a result of the adoption of the 2014 Commercial Arterial Redevelopment Study ("Study"); and (002211782 2704-0501640 ) Temp. Ord. No.2376 March 28, 2018 Page 2 of 5 WHEREAS, the City Commission finds that the City's current Code of Ordinances and Land Development Regulations contain outdated, unclear, or contradictory zoning districts and language with respect to the placement and development of places of worship, venues for assembly, auditoriums, and similar uses within the City; and WHEREAS, the City Commission finds that the City's current Land Development Regulations contains a table which indicates that places of worship are permitted in certain business zoning districts, which are not consistent with zoning districts that otherwise allow for the establishment of places of worship, venues of assembly, auditoriums, and other similar uses, and WHEREAS, the City Commission finds that it is necessary to study and research the City's current Code of Ordinances and Land Development Regulations in order to ensure consistent application towards development applications, and reasonable interpretations with respect to land development applications submitted to the City for the purpose of either establishing or expanding places of worship, venues of assembly, auditoriums, and similar uses, while continuing to afford all due statutory and constitutional protections for places of worship and similar uses, and WHEREAS, at its March 14, 2018 meeting, the City Commission adopted Resolution 2018-26, establishing Zoning in Progress with respect to new or expanded places of worship, venues of assembly, auditorium and similar uses within the City of Tamarac; and, WHEREAS, the City requires time to study all issues associated with places of worship, venues of assembly, auditoriums, and similar uses in all zoning districts, and to recommend appropriate and legal revisions to the City's Comprehensive Plan and Land Development Regulations; and, 100221178,2 2704-0501640) Temp. Ord. No.2376 March 28, 2018 Page 3 of 5 WHEREAS, the City Commission finds that it is in the best interests of the citizens of the City of TAMARAC to declare a moratorium on the acceptance of applications for administrative review, land development permits, and building permits for the use of land for new or expanded places of worship, venues of assembly, auditoriums, and similar uses in 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 and confirmed as being true and correct and are hereby made a part of this Ordinance. Section 2. The City Commission specifically declares that the foregoing "WHEREAS" clauses shall be legislative findings of the City Commission of necessity for the moratorium. In addition, the moratorium is necessary to enable the City to study and review information relating to continuing development of new and expanded places of worship, venues of assembly, auditorium, and similar uses, and to allow the City to consider recommendations and revisions to the City's Comprehensive Plan and Land Development Regulations relating to such uses. Section 3. A temporary moratorium on the submission, processing and acceptance of applications for administrative review, land development permits, and building permits for the use of land for new or expanded places of worship, venues of assembly, auditoriums, and similar uses within the City of Tamarac shall exist until 100221178.2 2704-0501640) Temp. Ord. No.2376 March 28, 2018 Page 4 of 5 August 19, 2018, or sooner as provided herein, during which time the City Manager shall study these uses and the outdated Code of Ordinances and Land Development Regulations, and create a long-term strategy to ensure conformance with the 2014 Commercial Arterial Redevelopment Study, Comprehensive Plan, new Land Development Regulations, and current trends associated with the development of such uses within the City of Tamarac. Section 4. This temporary moratorium shall not affect any business currently operating within the City pursuant to a validly issued Business Tax Receipt. Section 5. The moratorium shall expire upon the earlier of August 19, 2018 or the effective date of an Ordinance, adopted by the City Commissioners to address places of worship, venues for assembly, auditoriums and similar uses in the City of Tamarac. Section 6. Notwithstanding the time limit on the moratorium herein established, in the event the City Commission finds that additional time is needed for staff to conclude its review of the impacts associated with new or expanded places of worship, venues of assembly, auditorium, and similar uses, then, upon further authorization and direction by the City Commission, the term of this moratorium may be extended for an additional one hundred and eighty (180) days. Section 7. All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict with this Ordinance are repealed to the extent of such conflict. 100221178.2 2704-0501640) 1 E Temp. Ord. No.2376 March 28, 2018 Page 5 of 5 Section 8. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 9. This Ordinance shall be effective upon its passage and adoption by the City Commission of the City of Tamarac. PASSED AND ADOPTED ON FIRST READING THIS day of 2018. PASSED AND ADOPTED ON SECOND READING THIS °?day of2018. BY: A T: MAYb R ARRY DRESSLER PATRICIA TEUFE MC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form- AM SUELI O CITY AlORNEY RECORD OF COMMISSION VOTE: 1ST Reading MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M. GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE: 2ND Reading MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M. GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO (0022117&2 2704-05016401