HomeMy WebLinkAboutCity of Tamarac Ordinance O-2019-002TEMP. ORD. NO.2388
October 31,2018
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I CIry OF TAMARAC, FLORIDA
oRDtNANcE No. o-201s-c2
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, ADOPTING A SMALL SCALE LOCAL 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 AN AREA OF APPROXIMATELY 1.76 NET ACRES IN SIZE, LOCATED
ON THE NORTHEAST CORNER OF WEST COMMERCIAL BOULEVARD
AND NORTH ROCK ISLAND ROAD, ORIGINALLY ADDRESSED AS 5101
WEST COMMERCIAL BOULEVARD, NOW REFERRED TO AS 5602 NORTH
ROCK ISLAND ROAD, MORE SPECIFICALLY DESCRIBED AS TRACT "H'
OF "SABAL PALM BY PRESTIGE ", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 178, PAGE 71,OF THE PUBLIC RECORDS
OF BROWARD COUNry, AND SHOWN IN EXHIBIT "A", TO CHANGE THE
FUTURE LAND USE DESIGNATION FROM "MED!UM-HIGH RESIDENTIAL'
TO 'COMMERCIAL' IN ORDER TO ALLOCATE 3.02 GROSS RESIDENTIAL
TO COMMERCIAL FLEX ACRES TO FACILITATE THE DEVELOPMENT OF
A SELF-STORAGE FACILITY, (CASE NO. 2-LUA-18) CONSTSTENT WlrH
THE INTENT OF THE CITY OF TAMARAC COMPREHENSIVE PIAN;
AUTHORIZING TRANSMITTAL OF THE SMALL SCALE LAND USE MAP
AMENDMENT TO THE DEPARTMENT OF ECONOM!C OPPORTUNITYAND
THE BROWARD COUNTY PLANNING COUNCIL FOR RECERTIFICATION
OF THE CITY OF TAMARAC FUTURE LAND USE MAP;PROVIDING FOR
AMENDMENT TO THE FUTURE LAND USE MAP TO REFLECT SUCH
CHANGE:PPn\/INING trr)P CONFLI(-Te rr\ /r nl t\.lr: trnD QE\/EP a ElILITY
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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
TEMP. ORD. NO.2388
October 31 , 2018
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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) does not exceed 10 acres, (b) the
cumulative annual effect of the acreage for al! adopted small scale amendments does not
exceed 120 acres, (c) the proposed amendment does not involve a text change to the
goals, policies, and objectives of the comprehensive plan, and (d) the property that is the
subject of the proposed amendment is not located within an area of criticalstate concern;
and
WHEREAS, the subject area, consisting of approximately 1.76 net acres in size,
located on the northeast comer of W. Commercial Boulevard and N Rock lsland Road,
originally addressed as 5101 W Commercial Blvd, now referred to as 5602 N. Rock
lsland Road, more specifically described as tract "H" of "Sabal Palm by Prestige ",
according to the platthereof, as recorded in plat book 178, page 71, of the public records
of Broward County, and shown in exhibit "A' is currently designated by the City
Comprehensive Plan Future Land Use Map as "Medium-High Residential; and
WHEREAS, the Broward County Land Use Map designation of the subject
property is Medium High Residentia!; and
WHEREAS, Leigh R. Kerr, designated agent for the applicant and prospective
property owner, Rock lsland Partners, LLC, has filed an application for a Small-Scale
Local Land Use Map Amendment to change the designated land use of the 1.76 net
acres from Medium-High Residential to Commercial, to allow for the development of a
self-storage facility; and
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TEMP. ORD. NO.2388
October 31,2018
Page 3
WHEREAS, Broward County and the City of Tamarac Land Use Plan allows
rearrangement of land uses and residential densities within the City's Unified Flexibility
Zone, within the limits specified by the Broward County Land Use Plan; and
WHEREAS, the proposed small -scale future land use map amendmentwarrants
the allocation of 3.02 Gross Residential to Commercial Flex Acres to be consistent with
the Broward County Land Use Plan; and
WHEREAS, the Future Land Use Map amendment is being adopted conditionally
upon the Broward County Planning Council recertification of same; and
WHEREAS, in accordance with the requirements of Florida Statutes and the City
of Tamarac Code of Ordinances, notice to the public of a public meeting held on
December 12,2018 and public hearing on January 9,2019 were provided; and
WHEREAS, the Directorof Community Development recommends approvalof this
Small-Scale Local Land Use Plan Amendment and the allocation of 3.02 Gross
Residential to Commercial Flex Acres; and
WHEREAS, the Planning Board, after a duly noticed public hearing held on
October 3,2018, reviewed the Small-Scale Local 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 Local 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 Local 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
residents of the City of Tamarac.T
TEMP. ORD. NO.2388
October 31,2018
Page 4
NOW, THEREFORE, BE IT ORDAINED BY THE C!ry 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; allexhibits 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 Medium High Residential to Commercia!.
SECTION 3: That a total of 3.02 Gross Residential to Commercial Flex
Acres shall be allocated to the subject property
SECTION 4 That the City Clerk is directed to transmit a certified copy of
this Ordinance to the Department of Economic Opportunity as required underthe Small-
Scale amendment process allowed by Chapter 163.3187 Florida Statues.
SECTION 5: That the City Clerk is further directed to transmit a certified copy of
this Ordinance to the Broward County Planning Councilwith the City's amended Future
Land Use Map for recertification of same.
SECTION 6. 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.
SECT loN 7 lf any provision of this Ordinance orthe 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.
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TEMP. ORD. NO. 2388
October 31,2018
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SECTION 8:This Ordinance shall not become effective untilthirty-one (31)
days after adoption on second reading, if not otherwise challenged and the Broward
County Planning Council recertifies the City's Future Land Use Map as consistent with
the County Land Use Plan
PASSED, this /2 ,E/,
f,il
,2018day of
day of
I
PASSED, this
ATTEST
ATRICIA TE C C
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form
S
CITY ATTORNEY
,2019
ICHELLE EZ,
MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: VIM GELIN
DIST 3: COMM. FISHMAN
DIST 4 V/M PI.ACKO
DIST 3: COMM. FISHMAN
DIST 4 V/M PLACKO
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR GOMEZ QT-.A
DIST 2: COMM. GELIN /4-f
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RETOT'II{G AflD ]AilD Iffi H.Ail AIIEIOTETT
PRO'E T OESGilFNOil AilD'tStrTEATIOT{
rhe subfect rlta b Lr6 ret acred3.02 ttrocs acrer. The site is owned by the ctty of Tamar* and
ls hcatd tt th aqr{tergt corncr of fioc* lslad bd ed CsrmGrcld Boules.rd. The sfre li
cunenth wcsnt. noc* ide'nd Portners, LLC is ths contrrct purdrper/dcrtbper.nd progoces to
d6dop fic ette w[h a seF-stor.ge use.
The dte is anrtqlth deCanated br redMlal use. Therefore, appllcdor to nezdre ard to
amad th. land us. on thc Cte are belng filed to accompllsh the proposcd sef-sfrags
conrmcrcfat use.
Thc propocad hd u* end ronlng catcsprhs are Eonslstent wlth the comprehnslve phn. Ttre
proposcd tac is errpetftle uddr sunpunding roning dbtricts.nd udll provlde a cqtwtbnt,
valu&h sclf-stuage f.dtty fiorthe communfi. Tlre prqosed developnent will not adyericty
afrect surroundrgs, lMng condltibns or propertyvalues.
rhe ryp0cnot b trldng mcerunu to ensurc connatlblllty, partkularly wlth thg ndlhborlng muht-
famBf detelopmam b ilrc norttr and thc west. Thc iiie ls behs decBncd nrrpoo* sucfi thet
trafflc drculatbn b rsrEed to Erst of the pro,pored buildlrr3 ufrho!]t ftc rbillty to drrdate
rromd fie b$dkt& rd therefor wtll not have aocrs to tlp portbn of thc slte neutet e th€
neg6ors to thc est /norttreest. Setbeds and buffarqfiadscaptng wlll furilrer bufier dE
adlacent r@hborc, In .ddlUon, tfte new bulldlrq will ellminrte trc v{ry of ttre current barreo
nature of the site xftlh helplng to insulde neighbors fum trefEc noisec occurrkrg & nock
lrland Roed md Commercld Bodeyf,rd,
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EXtSmr{G PROP6ED
LetD usf lrledhrm-Hkh {1e,21}Commcdjd
nEoilallt6 S'1 il'Ufl