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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-028 TEMPORARY ORDINANCE NO. 2478 July 21, 2021 Page 1 • CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2021 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TAMARAC REFERENCED IN SECTION 10-2.1(B) OF CHAPTER 10 OF THE CITY OF TAMARAC CODE OF ORDINANCES FOR APPROXIMATELY 12.55 ACRES OF LAND SITUATED, LYING, AND BEING IN BROWARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A" , FROM THE CURRENT MU-C (MIXED-USE CORRIDOR) ZONING CLASSIFICATION TO BP (BUSINESS PARK) ZONING CLASSIFICATION, TO FACILITATE THE DEVELOPMENT OF A DISTRIBUTION CENTER USE AND PROVIDE CONSISTENCY WITH THE LAND DEVELOPMENT CODE IN ACCORDANCE WITH THE INTENT OF THE COMPREHENSIVE PLAN OF THE CITY OF TAMARAC; (CASE NO. 2-Z-21); PROVIDING FOR AMENDMENT TO THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dennis Mele, Esq., for Greenspoon Marder, LLP, designated agent for the property owner, BOF FL 5601 Hiatus, LLC, do Bridge Investment Group, is requesting approval of a Rezoning to change the current zoning of the subject property, approximately 12.55 acres from MU-C (Mixed-Use Corridor) to BP (Business Park); and WHEREAS, in accordance with the Land Development Code, the purpose of the BP (Business Park) zoning district is intended to provide for a mixture of light industrial, office, manufacturing, and limited retail uses in a business park, industrial park, or campus setting with high-quality site and building design; and WHEREAS, City administration believes the proposed rezoning is consistent with the Comprehensive Plan in that the proposed zoning designation will be consistent with the proposed underlying land use designation; and • WHEREAS, the Broward County Land Use Map designation of the subject property is Commerce; and WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of TEMPORARY ORDINANCE NO. 2478 July 21 , 2021 Page 2 Tamarac, Florida, public notice has been given of the time and place of the public hearing 411 regarding the rezoning of the subject property and said public hearing has been held in accordance with the notice and the public has been given an opportunity to be, and has been heard; and WHEREAS, on August 4, 2021, the Planning Board held a duly advertised Public Hearing and found the rezoning application met the requirements of Article II, Section 10- 5.4(F) of the Code of Ordinances, and is in harmony with the goals, objectives and policies of the Comprehensive Plan and recommends approval; and WHEREAS, the Director of Community Development recommends approval of this rezoning; and WHEREAS, the City Commission of the City of Tamarac, Florida, hereby accept the Planning Board's recommendation and find that the proposed rezoning is consistent with • the City of Tamarac Comprehensive Plan and is therefore in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : That the foregoing "WHEREAS"clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: That the lands for which the legal description is hereto attached • as Exhibit"A", (incorporated herein and made a specific part of this Ordinance) are hereby rezoned from MU-C (Mixed-Use Corridor) to BP (Business Park) subject to the following TEMPORARY ORDINANCE NO. 2478 July 21, 2021 Page 3 • conditions: 1. The applicant shall submit the appropriate applications to the Broward County Planning Council to recertify the City's Future Land Use Map and supply a copy of the approved recertified map to the Community Development Department prior to the issuance of a building permit. SECTION 3: That the official Zoning Map of the City of Tamarac shall be changed to reflect such zoning designation upon the effective date of this Ordinance. SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions • or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. "The remainder of this page is left blank intentionally" • TEMPORARY ORDINANCE NO. 2478 July 21, 2021 Page 4 SECTION 6: This Ordinance shall not become effective until thirty-one (31) days • after the associated Land Use Plan Amendment becomes effective, if not otherwise challenged. PASSED, APPROVED, ON FIRST READING this day of 1 4T 2021. PASSED, APPROVED, ON SECOND READING this(l fl` day of 'rei 2021. 7aIAJ MICHELLE J. OMEZ, MAYOR ATTEST Fes_ RECORD OF COMMISSION VOTE: 1ST Reading JE1 FER J) NSSOON CMC MAYOR GOMEZ C CLEF DIST 1: COMM. BOLTON N?� DIST 2: COMM. GELIN U • DIST 3: V/M VILLALOBOS CS DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS t-J DIST 4: COMM. PLACKO `'j c `.> I HEREBY CERTIFY that I have approved this ORDINAN E as to form. 0. . H=RIN JR. •ITY • ORNEY • This Ordinance was filed in the Office of the City Clerk on this day of 202_. Exhibit"A" A parcel of land being a portion of Tract B and a portion of Tact C,Westpoint Section 7 Plat, according to the plan thereof recorded in Plat Book 162, Page 23,of the Public Records of Broward County, Florida, said parcel being more particularly described as follows: Commence at the southeast corner of the southeast one-quarter(SE%) of Section 7,Township 49 South, Range 41 East,as shown on said plat; Thence S.89°06'50"W.,along the south line of said southeast one-quarter(SE'A),a distance of 1094.63 feet,to a point of intersection with the centerline of Hiatus Road as shown on said plat; Thence N.01°07'32"W.,along said centerline a distance of 401.53 feet,to a point on the arc of a tangent curve concave to the west; Thence northerly and northwesterly along the arc of said curve to the left, having:a radius of 1800.00 feet, a central angle of 05°38'03",for an arc distance of 177.00 feet,to a point on a non-tangent line; Thence west,a distance of 62.87 feet,to a point on the west right-of-way line of said Hiatus Road,said point also being the point of beginning; Thence continue west,a distance of 1049.07 feet; Thence S.00°44'46" E., a distance of 523.40 feet to a point on the south line of said Tract C and the • northerly right of way line of Commercial Boulevard as shown on said plat; Thence N. 89°06'50" E, a distance of 217.00 feet; Thence S.84°02'36" E,a distance of 100.72 feet; Thence N.89°06'50" E,a distance of 699.81 feet; Thence N.43°59'39" E.,a distance of 49.59 feet.The previous four courses being coincident with the south line of Tract C and the northerly right of way line of Commercial Boulevard.The next five courses being coincident with the west right of way line for Hiatus Road and the easterly line for said Tract C; Thence N.01°07'32"W., a distance of 199.56 feet; Thence S. 88°52'28"W., a distance of 12.00 feet; Thence N.01°07'32"W.,a distance of 106.53 feet to a point of curvature of a tangent concave to the west; Thence northerly along arc of said curve,to the left, having a radius of 1716.00 fee,a central angle of 03°31'18"for an arc distance of 105.47 feet to a point on a non-tangent line; Thence N. 11°04'37" E., a distance of 74.22 feet to the point of beginning. Said land situate within the City of Tamarac, Broward County, Florida.