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Home My WebLink AboutCity of Tamarac Ordinance O-2019-003T Temp Ord. No. 2387 October 31,2018 Page 1 of 4 CITY OF TAMARAC, FLORIDA oRDTNANCE NO. 0-2018 -03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TAMARAC REFERENCED rN SECTTON 10-2.1(B) OF CHAPTER 10 OF THE CITY OF TAMARAC CODE OF ORDINANCES TO REFLECT THE REZONING OF CERTAIN REAL ESTATE PROPERW DESCRIBED AS TRACT H OF SABAL PALM BY PRESTIGE, AS RECORDED IN PLAT BOOK 178, PAGES 71 THROUGH 87 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA MORE LEGALLY DESCRIBED IN EXHIBIT 'A", FROM THE CURRENT RC (RECREATTON DTSTRTCT) TO MU-N(MrxED USE NETGHBORHOOD) ZONTNG CLASSIFICATION, FOR THE SUBJECT PROPERTY LOCATED AT 5602 NORTH ROCK ISLAND ROAD, IN ORDER TO ALLOCATE 3.02 GROSS RESIDENTIAL TO COMMERCIAL FLEX ACRES TO FACILITATE THE DEVELOPMENT OF A SELF STORAGE FACILIry AND PROVIDE CONSISTENCY WITH THE LAND DEVELOPMENT CODE IN ACCORDANCE WITH THE INTENT OF THE COMPREHENSIVE PLAN OF THE CIry OF TAMARAC; (CASE NO. 5-2-18);PROVIDING FOR AMENDMENT TO THE OFFICIAL ZONING MAP TO SUCH CHANGE CTS PR IDING FOR SEVERABILIry PROVIDING FOR EFFECTIVE DATI WHEREAS, Leigh R. Kerr, designated agent for the applicant and prospective property owner, Rock lsland Partners, LLC, has requested that certain realestate property located at 5602 N. Rock lsland Road containingl .76 net acres of land, be rezoned from RC (Recreation District) to MU-N (Mixed Use Neighborhood) District); and WHEREAS, in accordance with Section 10-2.3(8) of Article 2, Chapter 10 of the Code of Ordinances, the purpose of the Mixed-Use Neighborhood District (MU-N) is to foster small, compact mixed-use activity centers that serve as convenient, walkable service and retail destinations for surrounding neighborhoods, compatible in scale and character with surrounding residential uses. lt is intended to support a mix of residential, retail, Temp Ord. No. 2387 October 31,2018 Page 2 of 4 cultural, entertainment, and office opportunities, with street-level uses that generate pedestrian activity and upper-story residentialand office uses that help maintain an active street presence; and WHEREAS, City administration believes the proposed rezoning is consistent with the Comprehensive Plan in thatthe proposed zoning designation will be consistentwith the underlying land use designation; and 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 Broward County Land Use Map designation of the subject property is Medium High Residential; and WHEREAS, the proposed rezoning wanants the allocation of 3.02 Gross Residential to Commercial Flex Acres to be consistent with the Broward County Land Use Plan; and WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Tamarac, Florida, public notice has been given of the time and place of the public hearing 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 October 3,2018, the Planning Board held a duly advertised Public Hearing and unanimously found the rezoning application met the requirements of Article ll, 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 Directorof Community Development recommends approvalof this Rezoning and the allocation of 3.02 Gross Residential to Commercial Flex Acres; and WHEREAS, the City Commission of the Cityof Tamarac, Florida, herebyacceptthe T I t I Temp Ord. No. 2387 October 31,2018 Page 3 of 4 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:Thatthe 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 forwhich the legal description is hereto attached as Exhibit'A", (incorporated herein and made a specific part of this Ordinance) are hereby rezoned from RC (Recreation District) to MU-N (Mixed Use Neighborhood). 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: That a total of 3.02 Gross Residentia! to Commercial Flex Acres shall be allocated to the subject property. SECTION 5: 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 6 !f 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. t I Temp Ord. No. 2387 October 31,2018 Page 4 of 4 SECTION 7: This Ordinance shall not become effective untilthirty-one (31) days after the associated Land Use Plan Amendment adoption if not otherwise challenged PASSED, FIRST READING this /)day of ,2018. I PASSED, SECOND READ!NG thiS ? ATTEST TRICIA TE CIry CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form ELS REN /)-t t /') L/u./,,1/ (, /Lio, day of ,201 d $ ' I MTcHELLE-d. cburz, MAYOR I RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ L4/..L. DIST 1: COMM. BOLTON _Ah-" DIST 2: COMM. GELIN nza DIST 3: COMM. FISHMAN DIST 4 V/M PLACKO RECORD OF COMMISSION VOTE: 2nd Reading MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2 COMM. GELIN DIST 3: COMM. FISHMAN DIST 4 V/M PLACKO L,,11.7--'q+ taZ<--- ",|-t--uni, i44- "rro(.a-'-7- TCITY ATTORNEY yi Exhibit "A" BROWARD COT]NTY,'- iPlanning 'Gouncli September 24,2018 Maxine A. Calloway, AICP, Director City of Tamarac Community Development Department 7525 Northwest 88 Avenue Tamarac, Florida 33321 Dear Ms. Calloway RE: Tamarac "Unified Flexibility Zone" Planning Council staff has reviewed the City's correspondence dated September 20,2018, regarding the establishment of a "Unified Flexibility Zone" lor the City of Tamarac. Upon review of the information submitted, Planning Council staff finds that the total number of Flexibility Units available for allocation within the City as of this date is 1,859 units. ln addition, the City currently has 230.2 acres available for "5% Residential-to-Commercial" allocations, 57.29 acres available for "20% Commercial-to-Residential" allocations, and 100 available Bonus Sleeping Rooms. Please review, sign and return the attached acknowledgement statement to officially accept Planning Council's regulations for the establishment of a "Unified Flexibility Zone" per the Adg!ilSlfeliyS-BS!95 Docu me nt: BrowardN ext- Further, Planning Council staff has prepared an attached optional template that can be utilized as allocations of Flexibility Units, Non-Residential Flexibility acreage and Bonus Sleeping Rooms occur. Staff will provide this template in digital format for your convenience. lf you have any questions, please contact Deanne Von Stetina, AICP, Assistant Executive Director, at 954- 357-6690. Thank you. Respectfully, tlfzS Barbara Blake Boy Executive Director BBB:DDV Attachments cc:The Honorable Harry Dressler, Mayor City of Tamarac Michael C. Cernech, City Manager City ofTamarac 1 1 5 South Andrews Avenue, Room 307 . Fort Lauderdale, Florida 33301 954.357.6695 . Broward .org/ Pla nningCounci I t, Exhibit "A" AGKNOWLEDGEMENT OF CITY OF TAMARAC o a/.^ affirm that: I 1) FlexibilityUnitsshallbefixedatl,S59unitsasofSeptember24,2OlSandshallbeone(1) pool of units which consists of all currently available Flexibility Units, Reserve Units and Affordable Housing Units within the City; and 2) AssignmentofFlexibilityUnitsshallbesubjecttoalloftherulesandregulationscontained within Articles 3.2 and 3.4 of lhe Administrative Rules Document: BrowardNext: and 3) The City may apply for Redevelopment Units in allocations of 500 dwelling units, once the number of Flexibility Units is below 250; and 4) "5o/o Residential-to-Commercial" acreage is fixed at 230.2 acres; "20% Commercial-to- Residential" acreage is fixed at 57 .29 acres and Bonus Sleeping Rooms are fixed at 100; and 5) Allocations of non-reside ntial flexibility shall be subject to al! of the rules and regulations containedwithinArticles3.4and 3.5ottheAdministrative RulesDocument: BrowardNext: and 6) Allocations of bonus sleeping rooms shall be subject to all of the rules and regulations contained within Article 3.10 of the Administrative Rules Document: Broward Next: and 7) A report of all allocations of Flexibility Units, non-residential flexibility acreage and Bonus Sleeping Rooms must be submitted by January 31 of each year, or as allocations occur, whichever is less, in accordance with Article 3.6 of lhe Administrative Rules Document: BrowardNext: and 8) The City may rescind Flexibility Units, non-residential flexibility acreage and/or bonus sleeping rooms for projects in which the original allocations have expired and/or have been unused. Such unused flexibility must be rescinded through an official action of the City; and 9) Consistent with the adoption of the BrowardNext - Broward County Land Use Plan, no new Flexibility Units can be created. 10) I have the authority of the local government to make such representations of the local government. Signature of Municipal Manager, Mayor, Planning or Designee Date 9.{?^tg Exhibit "A" CITY OF TAMARAC - Unified Flexib Table ALLOCATIONS FLEXIBILITY UNITS 5%RESIDENTIAL- TO-COMMERCIAL ACRES START - SEPTEMBER 24, 2018 1,859 230.20 (NAME, LOCAL REFERENCE NO.. DATE) Rock lsland Self-Storase, 2-FLX-1 8, 1 0-3-1 8 3.02 REMAINING 1,859 227.18 Exhibit'A" 20% COMMERCIAL. TO-RESIDENTIAL ACRES BONUS SLEEPING ROOMS 10057.29 100