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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-026Temp. Reso. No. 13075 February 28, 2018 Page 1 of 4 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 Page 2 of 4 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Zoning Code; and WHEREAS, it is therefore necessary and in the public's best interest to study these uses and the outdated Zoning Code and create a long-term strategy to ensure conformance with the Study and current trends for development of such uses.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 Temp. Reso. No. 13075 February 28, 2018 Page 3 of 4 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 Temp. Reso. No. 13075 February 28, 2018 Page 4 of 4 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 � n l E 0 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. Page 1 of 2 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 r1 U Approve y: Michael Cernech, City Manager City of Tamarac, Florida • Page 2 of 2