Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-2024-002TEMPORARY ORDINANCE NO. 2541 January 24, 2024 Page 1 of 5 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2024 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING A LARGE 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 163.3184 OF THE FLORIDA STATE STATUTES, FOR SAID LANDS SITUATED, LYING, AND BEING IN BROWARD COUNTY, FLORIDA, AND LOCATED AT OR BOUNDED BY WEST COMMERCIAL BOULEVARD TO THE NORTH, ROCK ISLAND ROAD TO THE EAST, NW 64 AVENUE TO THE WEST AND NW 44 STREET TO THE SOUTH, AND MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION SHOWN IN EXHIBIT "A" ATTACHED HERETO, TO CHANGE THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 109.93 GROSS ACRES OF LAND WITHIN THE FORMER WOODLANDS COUNTRY CLUB GOLF COURSE FROM "COMMERCIAL RECREATION" TO "RECREATION" TO FACILITATE THE RESERVATION OF LAND FOR COMMUNITY RECREATION AND OPEN SPACE AND SATISFY CONDITION 1.A OF BROWARD COUNTY LAND USE PLAN AMENDMENT PC20-2 TO PROVIDE CONSISTENCY WITH THE BROWARD COUNTY ADOPTED FUTURE LAND USE PLAN MAP IN ACCORDANCE WITH THE INTENT OF THE COMPREHENSIVE PLAN OF THE CITY OF TAMARAC; (CASE NO. 3-LUA-23) AUTHORIZING TRANSMITTAL OF THE LARGE SCALE LAND USE MAP AMENDMENT TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND THE APPROPRIATE REVIEWING AGENCIES AND THE BROWARD COUNTY PLANNING COUNCIL FOR REVIEW, APPROVAL AND 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 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, On May 4, 2021, the Broward County Board of County TEMPORARY ORDINANCE NO. 2541 January 24, 2024 Page 2 of 5 Commissioners adopted Broward County Land Use Plan map amendment PC 20-2 to amend approximately 168.7 acres of land from Commercial Recreation to Low (3) Residential; and WHEREAS, as part of PC20-2, Broward County incorporated a recommendation for the approximately 109.93 acres designated as Commercial Recreation that will be reserved for community recreation and open space, to be amended to the County's Recreation and Open Space land use category to further enhance the applicant's voluntary commitment; and WHEREAS, this change was incorporated into the final approval of the Broward County Land Use Plan Amendment for PC 20-2; and WHEREAS, on March 22, 2023, the City of Tamarac adopted a Large -Scale Land Use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map, to change the future land use designation for the approximately 168 acres from Commercial Recreation to Low (5) Residential, restricted to (0-3) dwelling units per acre; and WHEREAS, in order to satisfy Condition 1.A from the Broward County Land Use Plan Amendment PC20-2 , the applicant, Michael Nunziata, 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink US, LLC, has requested that the City move forward with the Land Use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map, in order to change the approximately 109.93 acres designated as "Commercial Recreation" to "Recreation", to be consistent with the Broward County adopted Future Land Use Plan Map; and WHEREAS, the subject area, consisting of approximately 109.93 gross acres in size, located at or bounded by West Commercial Boulevard to the north, Rock Island Road to the east, NW 64 Avenue to the west and NW 44 Street to the south and more TEMPORARY ORDINANCE NO. 2541 January 24, 2024 Page 3 of 5 particularly described in the legal description shown in Exhibit "A" is currently designated by the City Comprehensive Plan Future Land Use Map as "Commercial Recreation"; and WHEREAS, the Broward County Land Use Map designation of the subject property is "Recreation and Open Space"; and WHEREAS, the application for a Large -Scale Land Use Map Amendment to change the designated use of the 109.93 gross acres from "Commercial Recreation" to "Recreation" to facilitate the reservation of land for community recreation and open space filed by Michael Nunziata, 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink US, LLC, satisfies condition 1.A of Broward County Land Use Plan Amendment PC20-2, and is consistent with Broward County's Recreation and Open Space land use category designation; and WHEREAS, the Future Land Use Map amendment is being adopted conditionally upon Broward County's and the State of Florida's approval and recertification of same; and WHEREAS, the Planning Board, after a duly noticed public hearing held on October 4, 2023, reviewed the Large -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 Large -Scale Land Use Plan amendment to the Mayor and City Commission; and WHEREAS, a certified copy of this Ordinance was transmitted to the Department of Economic Opportunity by the City Clerk on November 20, 2023, as required under the Large -Scale amendment process allowed by Chapter 163.3187 Florida Statutes. WHEREAS, the City Commission of the City of Tamarac finds that the adoption of the proposed Large -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 TEMPORARY ORDINANCE NO. 2541 January 24, 2024 Page 4 of 5 residents of the City of Tamarac. 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 Recreation" to "Recreation" 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. SECTION 3: That the City Clerk is directed to transmit a certified copy of this Ordinance to the Department of Economic Opportunity as required under the Large - Scale amendment process allowed by Chapter 163.3187 Florida Statutes. SECTION 5: That the City Clerk is further 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 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. SECTION 7: 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. TEMPORARY ORDINANCE NO. 2541 January 24, 2024 Page 5 of 5 SECTION 8: This Ordinance shall not become effective until thirty-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, FIRST READING this 8 day of NOVEMBER , 2023 . PASSED, SECOND READING this RWf day of JWNUFk-R-y , 2024 . ATTEST: KIMBERLY)DILDOW, CMC CITY CLERK i O MIC ELLE J. GOMEZ, MAYOR RECORD OF COMMISSION VOTE: 1ST Reading MAYOR GOMEZ 1_4:3 DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT 111*— DIST 3: COMM. VILLALOBOS �% DIST 4: COMM. DANIEL `DES RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ `AIC—S DIST 1: COMM. BOLTON Q 0 DIST 2: V/M WRIGHT DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL des APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. 14, r HANS OTTINOT, CITY ATTOR EY This Ordinance was filed in the Office of the City Clerk on this ay1tday of .,909 ' Exhihit "A" Legal Description: THE OPEN SPACES 1 THROUGH 16 BEING ALL OF WOODLANDS COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS AND EXCEPT PARCELS, A, B, C, D, E, F, G, H, H, I, J, L, M, AND N, TRACTS R-1 THROUGH R-11, INCLUSIVE, TRACTS C-1, C-2 AND C-3 AND TRACT L-1, AND FURTHER LESS AND EXCEPT THOSE PORTIONS INCLUDED IN DEEDS RECORDED IN OFFICIAL RECORDS BOOK 5337, PAGE 607, OFFICIAL RECORDS BOOK 12713, PAGE 821 AND OFFICIAL RECORDS BOOK 38923, PAGE 1547, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS AND EXCEPT PODS A, B, C, D, E, F NORTH, F SOUTH, G AND H, BEING THE PROPOSED RESIDENTIAL POD. LESS THE NORTHEAST FOUR ACRES OF WOODLANDS COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF WOODLANDS COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 30, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID WOODLANDS COUNTRY CLUB PLAT S. 1'30'19" E., A DISTANCE OF 361.43 FEET; THENCE S.89°32'22"W., A DISTANCE OF 482.24 FEET; THENCE N.01°30'19"W. TO THE NORTH LINE OF SAID WOODLANDS COUNTRY CLUB PLAT, A DISTANCE OF 361.43 FEET; THENCE N.89°32'22"E. ALONG SAID NORTH LINE, A DISTANCE OF 482.24 FEET TO THE POINT OF BEGINNING. CONTAINING 109.936 ACRES, MORE OR LESS. SAID LANDS LYING AND BEING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA. SUBJECTTO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -OF -WAY OF RECORD.