HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-026Temp. Reso. No. 13075
February 28, 2018
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2018 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, CONFIRMING AND RATIFYING THE CITY
MANAGER'S ADMINISTRATIVE ORDER DATED FEBRUARY 20, 2018,
ATTACHED HERETO AS EXHIBIT 1" AND INCORPORATED HEREIN,
DECLARING ZONING IN PROGRESS AND PROHIBITING THE
ACCEPTANCE OF APPLICATIONS FOR ADMINISTRATIVE REVIEW,
LAND DEVELOPMENT PERMITS, AND BUILDING PERMITS FOR THE
USE OF LAND FOR NEW OR EXPANDED CHURCH AND PLACES OF
WORSHIP, ASSEMBLY, AUDITORIUM AND SIMILAR USES WITHIN THE
CITY OF TAMARAC, IN ACCORDANCE WITH CHAPTER 24, ARTICLE
II, DIVISION 6, SECTION 24-91 OF THE CITY OF TAMARAC CODE OF
ORDINANCES; AUTHORIZING AND DIRECTING THE CITY MANAGER
TO UNDERTAKE A STUDY AND REVIEW OF THE CITY'S
REGULATIONS RELATING TO THE PLACEMENT OF PLACES OF
WORSHIP, ASSEMBLY, AUDITORIUMS, AND SIMILAR USES, WHILE
CONTINUING TO AFFORD ALL DUE STATUTORY AND
CONSTITUTIONAL PROTECTIONS FOR PLACES OF WORSHIP AND
SIMILAR USES IN THE CITY OF TAMARAC ; PROVIDING THAT UPON
THE ADOPTION OF THIS RESOLUTION BARRING THE ACCEPTANCE
OF APPLICATIONS FOR ADMINISTRATIVE REVIEW, LAND
DEVELOPMENT PERMITS, AND BUILDING PERMITS ASSOCIATED
WITH THE USE OF LAND FOR NEW OR EXPANDED CHURCH AND
PLACES OF WORSHIP, ASSEMBLY, AUDITORIUM AND SIMILAR USES,
NO PERMITS SHALL BE ISSUED FOR ANY USE THAT INVOLVES LAND
FOR NEW OR EXPANDED CHURCH AND PLACES OF WORSHIP,
ASSEMBLY, AUDITORIUM AND SIMILAR USES DURING THE TIME
PERIOD COVERED BY THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
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, Recent development trends and the adoption of the 2014 Commercial
Arterial Redevelopment Study ("Study") suggest that current trends for development of
Temp. Reso. No. 13075
February 28, 2018
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places of worship, assembly, auditorium and other similar uses may not be adequately
addressed by the current Zoning Code; and
WHEREAS, it is therefore necessary and in the public's best interest to study these
uses and the outdated Zoning Code and create a long-term strategy to ensure
conformance with the Study and current trends for development of such uses. and
WHEREAS, on February 20, 2018, the City Manager signed an Administrative
Order instituting "Zoning in Progress" to allow Clarion and Associates (City's Land
Development Regulations Rewrite Consultant) sufficient time to study and evaluate
revisions to the Zoning Code with respect to the regulation of places of worship, assembly,
auditoriums and similar uses, so as to implement the adopted Study and address current
development trends while continuing to afford all due statutory and constitutional
protections for places of worship and similar uses within the City, a copy of which is
attached hereto as Exhibit I ", and incorporated herein by reference; and
WHEREAS, pursuant to Section 24-91 of the City of Tamarac Code of Ordinances,
the City Manager, subject to the confirmation by the City Commission pursuant to this
Resolution, has imposed a prohibition on the acceptance of applications for administrative
review, land development permits, and building permits for the use of land for new or
expanded church or places of worship, assembly, auditorium and similar uses, within the
City's municipal boundaries to be reasonably necessary and the least restrictive means
available for a period of one hundred and eighty (180) days from the date of the
Administrative Order; and
WHEREAS, such a prohibition for one hundred and eighty (180) days is the
minimum reasonable time based upon the time needed to enable the City's professional
staff to properly study and evaluate revisions to the Zoning Code with respect to the
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February 28, 2018
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regulation of places of worship, assembly, auditoriums and similar uses, so as to
implement the adopted Study and address current development trends while continuing
to afford all due statutory and constitutional protections for places of worship and similar
uses -,and
WHEREAS, the City Commission approves of and confirms the City Manager's
Administrative Order, and hereby finds that the ratification of same is in the best interest
of the citizens and residents of the City.
NOW, THEREFORE, be it resolved 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 specific part of this
Resolution; all exhibits referenced and attached hereto are incorporated herein and made
a specific part of this resolution.
Section 2. That pursuant to Section 24-91 of the City of Tamarac Code of
Ordinances, ("Zoning in Progress"), the City Commission confirms and ratifies the City
Manager's February 20, 2018 Administrative Order barring the acceptance of applications
for administrative review, land development permits, and building permits for the use of
land for new or expanded church or places of worship, assembly, auditorium and similar
uses, within the City's municipal boundaries to be reasonably necessary and the least
restrictive means available within the corporate limits of the City of Tamarac.
Section 3. The Zoning in Progress shall cease at the earliest of the expiration
of one hundred and eighty (180) days from the issuance of the Administrative Order, upon
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February 28, 2018
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the effectiveness of an Ordinance addressing the subject matter of the Administrative
Order, or upon the adoption of a resolution terminating the Zoning in Progress.
Section 4. That the City Commission hereby directs the City Manager to study
and review regulations governing uses that involve places of worship, assembly,
auditoriums and similar uses within the City of Tamarac.
Section 5. The City Commission hereby authorizes and directs the appropriate
City Officials to do all things necessary and expedient to effectuate the intent of this
Resolution.
Section 6. This Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA
THIS DAY OF �,', 2018.
H RY RE SLER,
MAYOR
PAT R I C I A T E7TE OLL "-�1/111
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1:
COMM. BOLTON
DIST 2:
V/M GOMEZ
DIST 3:
COMM. FISHMAN
DIST 4:
COMM PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO F RM:
SAMUEL S. GOREN
CITY ATTORNEY �
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CITY OF TAMARAC, FLORIDA
ADMINISTRATIVE ORDER
ORDER DECLARING ZONING IN PROGRESS AND PROHIBITING THE ACCEPTANCE
OF APPLICATIONS FOR ADMINISTRATIVE REVIEW, LAND DEVELOPMENT
PERMITS, AND BUILDING PERMITS FOR THE USE OF LAND FOR NEW OR
EXPANDED CHURCH AND PLACES OF WORHSIP, ASSEMBLY, AUDITORIUM AND
SIMILAR USES IN THE CITY OF TAMARAC.
BACKGROUND
In September, 2014, The City of Tamarac ("City") retained the services of Clarion and Associates, Zoning
and Land Development Regulations Consultants, to draft a comprehensive rewrite of the City's Land
Development Regulations ("LDR") aimed at addressing deficiencies and conflicts contained within the
Code of Ordinances ("the "Code") while responding to the new evolving needs of the community. The
need for a comprehensive rewrite of the LDR was also based on the findings that the Code currently
contains outdated, unclear or contradictory zoning districts and language which precipitates the need for
frequent and extensive interpretations. In addition, the Code contains a table indicating places of worship
are permitted in certain business zoning districts which are not consistent with districts that allow
assembly, auditorium and other similar uses.
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. Recent development trends and the adoption of the 2014 Commercial
Arterial Redevelopment Study ("Study") suggest that current trends for development of places of worship,
assembly, auditorium and other similar uses may not be adequately addressed by the current Zoning
Code.
It is therefore necessary and in the public's best interest to study these uses and the outdated Zoning
Code and create a long-term strategy to ensure conformance with the Study and current trends for
development of such uses. The "Zoning in Progress" is intended to allow Clarion and Associates sufficient
time to study and evaluate revisions to the Zoning Code with respect to the regulation of places of
worship, assembly, auditoriums and similar uses, so as to implement the adopted Study and address
current development trends while continuing to afford all due statutory and constitutional protections
for places of worship and similar uses.
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ORDER
Pursuant to Chapter 24, Article II, Division 6, Section 24-91 of the Code of Ordinances of the City of
Tamarac, Florida, the City Manager hereby finds that instituting a "Zoning in Progress", barring the
acceptance of applications for administrative review, land development permits, and building permits for
the use of land for new or expanded church or places of worship, assembly, auditorium and similar uses,
within the City's municipal boundaries to be reasonably necessary and the least restrictive means
available. Furthermore, the City Manager declares "Zoning in Progress" for a period of one hundred and
eighty (180) days from the date of this Administrative Order to allow Clarion and Associates to develop
consistent definitions, zoning districts and development standards compatible with the Study and current
development trends while continuing to afford all due statutory and constitutional protections for places
of worship and similar uses; providing that the Administrative Order shall be complied with by all city
personnel and shall be effective immediately upon execution, subject to affirmation by resolution of the
City Commission, unless reversed, modified or superseded by resolution passed by the City Commission.
In accordance with Section 24-91(c) of the City of Tamarac Code of Ordinances, this matter shall be placed
on the next available City Commission agenda of March 14, 2018 for review and adoption of a Resolution
confirming this administrative order.
Effective date: February 20, 2018
Expiration date: August 19, 2018
Contact: Frank Zickar, Assistant Director
Community Development Department
Planning and Zoning Division
(954) 597-3530
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Approve y:
Michael Cernech, City Manager
City of Tamarac, Florida
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