HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-032TEMPORARY ORDINANCE NO. 2479
October 14, 2021
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2021 - I
AN ORDINANCE OF THE CITY OF TAMARAC,
FLORIDA, ADOPTING WITH CHANGES, AN
AMENDMENT TO THE CITY OF TAMARAC
COMPREHENSIVE PLAN, BY AND THROUGH
PROCEDURES REQUIRED FOR THE EXPEDITED
STATE REVIEW PROCESS PURSUANT TO
AUTHORITY UNDER STATE STATUTES SECTION
163.3184, SPECIFICALLY CREATING A NEW
PROPERTY RIGHTS ELEMENT OF THE
COMPREHENSIVE PLAN ENTITLED "PROPERTY
RIGHTS" ATTACHED HERETO AS EXHIBIT "A",
AUTHORIZING TRANSMITTAL OF THE ADOPTED
PROPERTY RIGHTS ELEMENT COMPREHENSIVE
PLAN AMENDMENT TO THE DEPARTMENT OF
ECONOMIC OPPORTUNITY AND OTHER AGENCIES
AS REQUIRED BY FLORIDA STATUTES 163.3184(3)
PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILI T Y; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3167 requires local governments to adopt and maintain a
comprehensive plan and prepare amendments to its existing comprehensive plan to
conform it to the requirements of the Section; and
WHEREAS, the City of Tamarac Comprehensive Plan was last adopted by
Ordinance Number 2008-08, as amended, pursuant to State law in 2008; and
WHEREAS, Section 163.3177 provides for required and optional Elements to be
included in a local government's comprehensive plan; and
WHEREAS, House Bill No. 59 and Florida Statute Section 163.3177(6)(i) requires
the City of Tamarac to include a Property Rights Element into its Comprehensive Plan
to ensure that private property rights are considered in local decision -making; and
TEMPORARY ORDINANCE NO. 2479
October 14, 2021
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WHEREAS, in accordance with the requirements of Florida Statutes and the City
of Tamarac Code of Ordinances, notice to the public of the transmittal public hearing
held on August 25, 2021 was provided; and
WHEREAS, in accordance with the requirements of Florida Statutes and the City
of Tamarac Code of Ordinances, notice to the public of the adoption public hearing to
be held on October 27, 2021 was provided; and
WHEREAS, the Director of Community Development has reviewed the item and
determines that the adoption of the Property Rights Element attached hereto as Exhibit
"A" is consistent with House Bill No. 59, Florida Statutes 163.3177(6)(i) and the goals,
objectives and policies of the City of Tamarac Comprehensive Plan as amended; and
WHEREAS, the Property Rights Element amendment to the Comprehensive Plan
is being adopted conditionally upon the Broward County Planning Council recertification
of same; and
WHEREAS, the City Commission finds it appropriate to amend the City of Tamarac
Comprehensive Plan to insert a new Property Rights Element as a required Element to
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON 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 this
Ordinance. All exhibits attached hereto and referenced herein are hereby incorporated
by this reference.
TEMPORARY ORDINANCE NO. 2479
October 14, 2021
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SECTION 2: That the City of Tamarac's Comprehensive Plan is hereby
amended in accordance with Section 163.3184, Florida Statutes, to incorporate a new
Property Rights Element as shown in Exhibit "A" attached hereto and incorporated for
reference herein.
SECTION 3: That the Director of Community Development is further authorized
and directed to make the necessary textual changes to the City's Comprehensive Plan
in order to reflect the above -stated changes and transmit same to the reviewing
agencies.
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: The effective date of this plan amendment, if the amendment
is not timely challenged, shall be 31 days after the state land planning agency notifies
the City that the plan amendment package is complete. If the amendment is timely
challenged, this amendment shall become effective on the date the state land planning
TEMPORARY ORDINANCE NO. 2479
October 14, 2021
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agency or the Administration Commission enters a final order determining this adopted
amendment to be in compliance. No development orders, development permits, or
development dependent on this amendment may be issued or commence before it has
become effective.
"The remainder of this page is left blank intentionally"
TEMPORARY ORDINANCE NO. 2479
October 14, 2021
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PASSED, APPROVED, ON FIRST READING this 25th day of August, 2021.
PASSED, APPROVED, AND ADOPTED ON SECOND READING this 27th day of
October, 2021.
��
MICHEL J. GOMEZ,
MAYOR
A7z
J UN -ER J HN , CMC
CI-11Y CLERK
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ
DIST 1: COMM BOLTON
DIST 2: COMM. GELIN
DIST 3: VIM VILLALOBOS lt/3
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ t 8
DIST 1: COMM. BOLTON J
DIST 2: COMM. GELIN t"
DIST 3: V/M VILLALOBOS CD
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that I
have approved this
ORDINANCE as to form.
J R. WIERIN JR'
ITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk on this day off 2021.
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Exhibit "A"
PROPERTY RIGHTS ELEMENT
VOLUME I: GOALS, OBJECTIVES & POLICIES
City of Tamarac
PROPERTY RIGHTS ELEMENT
GOAL
The City of Tamarac will respect judicially acknowledged and constitutionally protected private
Property rights, to ensure that private property rights are considered in local decisionmaking.
Objective 1
In order to promote orderly growth and development, the City will ensure private property rights are
considered in all local decisionmaking and will not be limited to only decisions related to growth and
development, through the adoption, maintenance and implementation of its Property Riohts Element.
Monitoring and Evaluation
• The efforts of the City to implement the statement of rights in accordance with Florida
Statutes 163.3177(6)(i). This objective shall be implemented by its policies.
Policy 1.1 The right of a property owner to physically possess and control his or her interests in the
Property, including easements, leases, or mineral rights.
Policy 1.2 The right of a property owner to use, maintain, develop, and improve his or her property
for personal use or for the use of any other person, subject to state law and local
ordinances.
Policy 1.3 The right of the property owner to privacy and to exclude others from the property to
protect the owner's possessions and property.
Policy 1.4 The right of a property owner to dispose of his or her property through sale or gift.
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