HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-075Temp. Reso. No. 12980
June 28, 2017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2017 - _75-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING A REASONABLE TIME
EXTENSION OF THE ZONING IN PROGRESS OF ONE HUNDRED AND
EIGHTY (180) DAYS 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 FURTHER STUDY AND REVIEW OF THE CITY'S
REGULATIONS RELATING TO HEALTH CARE USES TO INCLUDE
HOSPITAL, PUBLIC OR PRIVATE, MEDICAL CLINIC OR USES SIMILAR
TO A HOSPITAL OR MEDICAL CLINIC; PROVIDING THAT UPON THE
ADOPTION OF THIS RESOLUTION EXTENDING THE ZONING IN
PROGRESS AN ADDITIONAL ONE HUNDRED AND EIGHTY (180)
DAYS, NO PERMITS OR APPLICATIONS SHALL BE ISSUED OR
PROCESSED FOR HOSPITALS OR MEDICAL CLINICS OR USES
SIMILAR TO A HOSPITAL OR MEDICAL CLINIC WITHIN THE CITY OF
TAMARAC FOR A TOTAL OF SEVEN HUNDRED AND TWENTY (720)
DAYS FROM THE DATE OF THE ADMINISTRATIVE ORDER,
CONSISTENT WITH THIS RESOLUTION; PROVIDING FOR CONFLICTS;
-- PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, In September, 2014, The City of Tamarac ("City") retained the
services of Clarion and Associates, Zoning and Land Development Regulations
Consultants ("Consultant"), 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; and
WHEREAS, The need for a comprehensive rewrite of the LDR was also based on
the findings that the Code currently contains outdated, unclear or contradictory language
which precipitates the need for frequent and extensive interpretations; and
Temp. Reso. No. 12980
June 28, 2017
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WHEREAS, the Code is further deficient, in that certain health care uses are either
not defined, entirely not listed in the Code of Ordinances, or conflict with other Chapters
in the Code included but not limited to Chapter 12, Licenses and Business Regulations;
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 existing Code lacks clear direction on health care related uses
such as hospitals or medical clinics, and how these uses might relate to a myriad of similar
uses that are not defined or listed in the City's Code; and
WHEREAS, the City Manager and the City's professional staff continuously
monitor and review the City's Comprehensive Plan and Land Development Regulations
to ensure appropriate development in the City, and from time to time recognizes the need
to study and amend aspects of the same; and
WHEREAS, on February 23, 2016, in accordance with Chapter 24, Division 6,
Section 24-91 of the City of Tamarac Code of Ordinances, the City Manager issued an
Administrative Order, Exhibit 'I", (attached hereto, incorporated herein and made a
specific part thereof), instituting Zoning in Progress, imposing a prohibition on the
issuance of any permits and the processing of applications for health care uses to include
hospital, public or private, medical clinic and uses similar to a hospital and medical clinic
in the City of Tamarac for a period of one hundred and eighty (180) days with an expiration
date of August 23, 2016; and
Temp. Reso. No. 12980
June 28, 2017
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WHEREAS, on March 9, 2016, pursuant to Section 24-91 of the City of Tamarac
Code of Ordinances, the City Commission adopted Resolution R-2016-26, ratifying and
affirming the City Manager's Administrative Order, which placed a prohibition on permits
and the processing of applications for health care uses to include hospital, public or
private, medical clinic and uses similar to a hospital and medical clinic in the City of
Tamarac for a period of one hundred and eighty (180) days from the date of the
Administrative Order; and
WHEREAS, on August 24, 2016, pursuant to Section 24-91(e) of the City of
Tamarac Code of Ordinances, the City Commission adopted Resolution R-2016-86,
authorizing a reasonable time extension of the Zoning in Progress of one hundred and
eighty (180) days, for a total of three hundred and sixty (360) days from the date of the
Administrative Order; and
WHEREAS, the three hundred and sixty (360) days prohibition and recommended
timeline proved not to be sufficient based upon the time needed to enable the City's
professional staff and Consultant to properly study the issues associated with the
placement of and access to health care uses to include, hospital, public or private, medical
clinic or uses similar to hospital or medical clinic in the City of Tamarac; and
WHEREAS, the City Manager believes another reasonable time extension of an
additional one hundred and eight (180) days for a total of five hundred and forty (540)
days from the date of the Administrative Order, as allowed by Section 24-91(e) is an
acceptable reasonable time based upon the time needed to enable the City's professional
staff and Consultant to properly study the issues associated with health care uses to
include, hospital, public or private, medical clinic or uses similar to hospital or medical
clinic in the City of Tamarac; and
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June 28, 2017
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WHEREAS, on April 26, 2017 pursuant to Section 24-91(e) of the City of Tamarac
Code of Ordinances, the City Commission adopted Resolution R-2017-40, authorizing a
reasonable time extension, Nun Pro Tunc, of the Zoning in Progress of one hundred.and.
eighty (180) days, for a total of five hundred and forty (540) days from the date of the
Administrative Order; and
WHEREAS, the five hundred and forty (540) days prohibition and recommended
timeline proved not to be sufficient based upon the time needed to enable the City's
professional staff and Consultant to properly study the issues associated with the
placement of and access to health care uses to include, hospital, public or private, medical
clinic or uses similar to hospital or medical clinic in the City of Tamarac; and
WHEREAS, the City Manager believes another reasonable time extension of an
additional one hundred and eight (180) days for a total of seven hundred and twenty (720)
days from the date of the Administrative Order, as allowed by Section 24-91(e) is an
acceptable reasonable time based upon the time needed to enable the City's professional
staff and Consultant to properly study the issues associated with health care uses to
include, hospital, public or private, medical clinic or uses similar to hospital or medical
clinic in the City of Tamarac; and
WHEREAS, the reasonable time extension would commence August 18, 2017;
and end February 14, 2018; and
WHEREAS, the City Commission approves the City Manager's request and hereby
finds that the seven hundred and twenty (720) day time limitation is reasonable and
serves the best interest of the citizens and residents of the City.
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June 28, 2017
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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 attached hereto are incorporated herein and made a specific part
of this Resolution.
Section 2. The Zoning in Progress is hereby extended from five hundred and
forty (540) days (August 18, 2017), to seven hundred and twenty (720) days with a new
expiration date of February 14, 2018, upon 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 3. That the City Commission hereby directs the City Manager to
continue to study and review health care uses to include hospital, public or private,
medical clinic or uses similar to a hospital or medical clinic in the City of Tamarac.
Section 4. 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 5: That all Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. No. 12980
June 28, 2017
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Section 6: If any clause, section, or other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of thi-P
Resolution.
Section 7. 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 , 2017.
ATTEST:
<-1 PATRICIA TEUFEL, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
)/SAMUEL S. GOREN,
CITY ATTORNEY
CITY O TAMARAC FLORIDA
MAYOR
H RESSLER,
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM BOLTON
DIST 2: COMM GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: V/M. PLACKO
CITY OF TAMARAC, FLORIDA
ADMINISTRATIVE ORDER
ORDER DECLARING ZONING IN PROGRESS AND PROHIBITING THE ISSUANCE OF
PERMITS AND THE PROCESSING OF APPLICATIONS RELATED TO HEALTH CARE
USES TO INCLUDE HOSPITAL, PUBLIC OR PRIVATE, MEDICAL CLINIC OR USES
SIMILAR TO A HOSPITAL OR MEDICAL CLINIC I`N 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 language which precipitates the need for frequent and
extensive interpretations. in addition, certain health care uses are either not defined, entirely not listed
in the Code of Ordinances, or conflict with other Chapters in the Code included but not limited to
Chapter 12, Licenses and Business Regulations.
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. The existing Code lacks clear direction on health care related uses such
as hospitals or medical clinics, and how these uses might relate to a myriad of similar uses that are not
defined or listed in the City's Code.
It is therefore necessary and in the public's best interest to study these uses and create a long term
strategy to ensure adequate placement and access to such uses and services are provided. The "zoning
in progress" is intended to allow Clarion and Associates sufficient time to study the provision and
location of these uses to ensure that there is a balance between the existing residential uses and the
projected demand for the location of these uses, and to further create a comprehensive uses master list,
consistent definitions and associated processes pertaining to health care uses.
JW068348.12704-0501640) 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 issues an Administrative Order declaring "Zoning in Progress"
on the issuance of permits and the processing of applications related to health care uses to include
hospital, public or private, medical clinic or uses similar to a hospital or medical clinic, within the City's
municipal boundaries. 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, uses and associated processes pertaining to health care
uses, specifically hospital, medical clinic or uses similar to a hospital or medical clinic; 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, 9t", 2016 for review and adoption of a
Resolution confirming this administrative order.
Effective date: February 23, 2016
Expiration date: August 23, 2016
Contact: Frank Zickar, Assistant Director
Community Development Department
Planning and Zoning Division
(954) 597-3530
Approved/by:
Michael Cernech, City Mana er
City of Tamarac, Florida
(00068348.12704-05016,40 E Page 2 of 2