HomeMy WebLinkAboutCity of Tamarac Ordinance O-2024-002TEMPORARY ORDINANCE NO. 2541
January 24, 2024
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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
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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
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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
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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
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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.