HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-0261
Temp. Reso. No. 12759
February 24, 2016
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2016 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, CONFIRMING AND RATIFYING THE CITY
MANAGER'S ADMINISTRATIVE ORDER DATED FEBRUARY 23, 2016
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 IN THE CITY OF TAMARAC, ATTACHED
HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN, 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 HEALTH CARE USES TO INCLUDE HOSPITAL, PUBLIC
OR PRIVATE, AND MEDICAL CLINIC AND USES SIMILAR TO
HOSPITAL AND MEDICAL CLINIC; PROVIDING THAT UPON THE
ADOPTION OF THIS RESOLUTION CONFIRMING THE
ADMINISTRATIVE ORDER, NO PERMITS OR APPLICATIONS SHALL
BE ISSUED OR PROCESSED FOR HOSPITALS OR MEDICAL CLINICS
OR USES SIMILAR TO A HOSPITAL OR MEDICAL CLINIC DURING
THE TIME PERIOD COVERED BY 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, 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on the findings that the Code currently contains outdated, unclear or contradictory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. 12759
February 24, 2016
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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, a copy of the City Manager's Administrative Order is attached hereto
as Exhibit "A", 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 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 from the date of the
Administrative Order; and
Temp. Reso. No. 12759
February 24, 2016
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WHEREAS, such a prohibition for 180 days is the minimum reasonable time
based upon the time needed to enable the City's professional staff and Clarion and
Associates to properly 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 in
general; and
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.
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 23, 2016, Administrative Order 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 within the
corporate limits of the City of Tamarac.
Section 3. That 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 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.
Temp. Reso. No. 12759
February 24, 2016
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Section 4. That the City Commission hereby directs the City Manager to study
and review 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.
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.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
E
Temp. Reso. No. 12759
February 24, 2016
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS I%k-DAY OF A/ i 2016.
ATTEST:
�PATRICIATEUFEL, CMC
CITY CLERK
1
f
1
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
SAMUEL S. GOREN,
CITY ATTORNEY
CITY OF TAMARAC FLORIDA
HAF5,RY D ESSLER,
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM, BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: V/M. GLASSER
DIST 4: COMM. 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 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 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 r:ecessary and in the public's best interest t-) study these uses and create a long term
strategy to ensure adequate placement and access to such %ises 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 be�,ween the existing residential uses and the
projected demand for the location of these uses, and to furt".ter create a comprehensive uses master list,
consistent definitions and associated processes pertaining tc health care uses.
100068348.12704.0501640) Page 1 of 2
ORDER
Pursuant to Chapter 24, Article ll, 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 applicaticins related to health care uses to include
hospital, public or private, medical clinic or uses similar to a `wspital 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 Mach, 9`", 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
i
Approved, -by:
Michael Cernech, City Mana er
City o` Tamarac, Florida
(00068348.1 2704-0501-0 ) Page 2 of 2