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Home My WebLink AboutCity of Tamarac Ordinance O-2021-027 TEMPORARY ORDINANCE NO. 2477 July 21, 2021 Page 1 • CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2021 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING A SMALL SCALE LAND USE PLAN AMENDMENT TO THE CITY OF TAMARAC'S COMPREHENSIVE PLAN FUTURE LAND USE MAP IN ACCORDANCE WITH CHAPTER 163, SPECIFICALLY SECTION 163.3187 OF THE FLORIDA STATE STATUTES, FOR SAID LANDS SITUATED, LYING, AND BEING IN BROWARD COUNTY, FLORIDA, AND LOCATED AT 5601 N HIATUS ROAD, AND MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION SHOWN IN EXHIBIT "A" ATTACHED HERETO, TO CHANGE THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 15.82 GROSS ACRES OF LAND FROM "COMMERCIAL"TO "INDUSTRIAL"TO FACILITATE AND ALLOW FOR THE DEVELOPMENT OF AN INDUSTRIAL 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. 1-LUA-21); AUTHORIZING TRANSMITTAL OF THE SMALL SCALE LAND USE MAP AMENDMENT TO THE BROWARD COUNTY PLANNING COUNCIL FOR RECERTIFICATION OF THE CITY OF TAMARAC • FUTURE LAND USE MAP; PROVIDING FOR AMENDMENT TO THE LAND USE PLAN TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, provisions of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 require adoption of a comprehensive plan; and WHEREAS, the City of Tamarac, Florida, pursuant to the Local Government Comprehensive Planning Act, and in accordance with all of its terms and provisions, has prepared and adopted a Comprehensive Plan which has been submitted to, and reviewed by, the South Florida Regional Planning Council and the State of Florida Department of Economic Opportunity; and WHEREAS, Section 163.3187(1), Florida Statutes, allows local governments to periodically make small scale land use amendments to their Comprehensive Plan Future Land Use Map, if the proposed amendment: (a) involves a use of fifty (50) acres or fewer, (b)the proposed amendment does not involve a text change to the goals, policies, TEMPORARY ORDINANCE NO. 2477 July 21, 2021 Page 2 and objectives of the comprehensive plan, and (c) the property that is the subject of the • proposed amendment is not located within an area of critical state concern; and WHEREAS, the subject area, consisting of approximately 15.82 gross acres in size, located at 5601 N Hiatus Road and more particularly described in the legal description shown in Exhibit "A" is currently designated by the City Comprehensive Plan Future Land Use Map as "Commercial"; and WHEREAS, the Broward County Land Use Map designation of the subject property is Commerce; and WHEREAS, Dennis Mele, Esq., for Greenspoon Marder, LLP, designated agent for the property owner, BOF FL 5601 Hiatus, LLC, do Bridge Investment Group, has filed an application for a Small Scale Land Use Map Amendment to change the designated use of the 15.82 gross acres from Commercial to Industrial, to allow for the development of an industrial use; WHEREAS, the Future Land Use Map amendment is being adopted conditionally upon Broward County recertification; and WHEREAS, the Planning Board, after a duly noticed public hearing held on August 4, 2021, reviewed the Small Scale Land Use Plan Amendment and found the application to be consistent with the goals, policies and objectives of the Comprehensive Plan and recommended approval of the Small Scale Land Use Plan amendment to the Mayor and City Commission; and WHEREAS, the City Commission of the City of Tamarac finds that the adoption of the proposed Small Scale Land Use Plan Amendment to the Future Land Use Map is consistent with the Comprehensive Plan and in the best interest of the citizens and 1110 residents of the City of Tamarac. TEMPORARY ORDINANCE NO. 2477 July 21, 2021 Page 3 • 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 of this Ordinance. SECTION 2: That the City of Tamarac's Future Land Use Map is hereby amended for the lands for which the legal description is hereto attached as Exhibit "A", from Commercial to Industrial subject to the following condition: 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 City Clerk is directed to transmit a certified copy of this Ordinance to the Broward County Planning Council with the City's amended Future Land Use Map for approval and recertification of same. 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. SECTION 6: This Ordinance shall not become effective until thirty-one (31) days after adoption on second reading, if not otherwise challenged and the Broward TEMPORARY ORDINANCE NO. 2477 July 21, 2021 Page 4 County Planning Council recertifies the City's Future Land Use Map as consistent with • the County Land Use Plan. f& PASSED, APPROVED, ON FIRST READING this S day of (-1S4 `, 2021. aeg- PASSED, APPROVED, ON SECOND READING this q ^day of 76 2021. MICHELLE . OMEZ, MAYOR ATT RECORD OF COMMISSION VOTE: 1STReading JE EON, CMC MAYOR GOMEZ TY CL DIST 1: COMM. BOLTON 00 • DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS � DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE:2ND Reading MAYOR GOMEZ y� DIST 1: COMM. BOLTON MO DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS _Yr--C DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this ORDINaNf as to form. JO d=1 JR. . CI A 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'A) 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 5.84°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. 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