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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1992-039Temp. Ord. #1583 Rev. 6/18/92 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-92-,_ AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF TAMARAC, FLORIDA; BY ADDING WORDING ON THE OFFICIAL LAND USE MAP; BY ADDING WORDING IN THE PLAN IMPLEMENTATION SECTION UNDER DEVELOPMENT REVIEW REQUIRE- MENTS; BY ADDING WORDING AT THE END OF THE PLAN IMPLEMENTATION CHAPTER; BY ADDING OBJECTIVES AND POLICIES INTO THE LAND USE ELEMENT; BY ADDING OBJECTIVES AND POLICIES INTO THE CITY'S FUTURE LAND USE ELEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac prepared a Comprehensive Plan, based on appropriate studies and data, in accordance with the requirements of Chapter 163.3161, and Rule 9J-5 of the Florida Administrative Code; and WHEREAS, the City of Tamarac City Council adopted that Comprehensive Plan by Ordinance #0-90-47; and WHEREAS, Broward County is a Charter County, having county -wide land use authority; and WHEREAS, Broward County has delegated authority for the certification of local government comprehensive plans to the Broward County Planning Council; and WHEREAS, the Broward County Planning Council has reviewed the City of Tamarac Comprehensive Plan and issued the staff report containing the backup for this amendment; and WHEREAS, the Broward County Planning Council has provi- sionally certified the City of Tamarac Land Use Element of the City of Tamarac Comprehensive Plan, pending the amend- ments contemplated herein; and WHEREAS, the City Council of the City of Tamarac has directed the staff to prepare these amendments pursuant to the requirements of the Broward County Planning Council; and WHEREAS, the City of Tamarac Planning Commission, sitting as the Local Planning Agency, has reviewed these amendments and held a duly advertised public hearing; and WHEREAS, the City of Tamarac Planning Commission has recommended that the City Council of the City of Tamarac approve these amendments to the City of Tamarac Comprehen- sive Plan; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : The City of Tamarac hereby adopts the amendments to the City of Tamarac Comprehensive Plan as seq. forth in Exhibit "A" attached hereto. SECTION 2 : Specific authority is hereby granted to codify this Ordinance. M .. El Temp. Ord. #1583 SECTION 3 All ordinances or parts of Ordinances in conflict erewith are hereby repealed to the extent of such conflict: SECTION 4 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 5 : This Ordinance shall become etxective immediately upon adoption and passage. PASSED FIRST READING this llth day of December, 1991. PASSED SECOND READING this Nay of r 1992. L. . H. L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have ,d-pproved this ORDINANCE as to form. J i MITCHELL S. T CITY ATTOytNE comp.plan.ord. RECORD OF COLWA VOTE MAYOR ABRMADWI'rz DISTRICT 1: C/M KATZ DISTRICT 2: DISTRICT 3: GIW GtAMR DISTRICT 4: RECORD OF COUNCIL VOTE MAYOR . BENPER DISTRICT 1: C/M KAT DISTRICT 2: V/h4 .'-i M NN DISTRICT 3: C/h1 SCHREIBER DISTRICT 4: C/M„ ABRAMOWITZ r 2 0- EXHIBIT A 1. The following wording is placed on the City of Tamarac's Official Land Use Zap: "Note: This Land Use Plan Map also includes by reference right-of-way provisions in the Traffic Circulation Element which shall be consistent with the Broward County Traffieways." 2. The following wording is included into the plan Implementation section under Development Review Requirements: ' f. Development does not include a structure, or alteration thereof, that is subject to the notice requirements of Federal Aviation Regulations (FAR), Part 77, Subpart B, unless the Federal Aviation Administration issues, or has issued within the previous ninety (90) days, a written acknowledgement that said structure or alteration would not constitute a hazard to air navigation and does not require increases to minimum instrument flight altitudes within a terminal area, increases to minimum obstruction clearance altitudes, or any other operational modifications at any existing airport or heliport or any planned or proposed airport as described in FAR Part 77.21(c)(2)." 3. The following wording is' included into the end of the Plan Implementation Chapter: "MONITORING AND ENFORCEMENT PROCEDURES FOR THE BROINIARD COUNTY LAND USE PLAN" "a. The City of Tamarac shall prepare and transmit to the Broward County Planning Council the information listed below within time periods as specified. This information is for the purposes of monitoring compliance with the Broward County Land Use Plan and for maintaining current, county -wide records of land development activities on which to base future planning. Information shall be transmitted in a format to be prescribed by the Broward County Planning Council. (1) A monthly report of all new or amended land development regulations or a new or amended land development code, including changes of zoning districts. (2) A monthly summary of all building permits. (3) A monthly summary of all permits issued for demolition of buildings. (4) A monthly summary of all certificates of occupancy. (5) A yearly summary regarding allocation of acreage proposed for cornmercial uses within lands designated residential, industrial and employment center utilizing the "5% of Residential Land Use" and "20% of Industrial/Employment Center Land Use" flexibility provisions of the Broward County Land Use Plan as described within the Permitted Uses subsection of this plan, if certified within the Tamarac Land Use Plan. b. Upon determination by the Broward County Commission that the Cite of TaYnarac has granted development permits inconsistent with the requirements of the Broward County Land Use Plan, the Broward County Conunission shall take such actions as may be necessary and proper to enforce the requirements of the Broward County Land Use Plan." 4, The following Objectives and Policies found in' the specified elements of the City Comprehensive Plan are now included in the Land Use Element of the City's Comprehensive Plan. Com rehenslve Plan Element and Obiective or Policy to bg Incorporated. Open Space and Recreation Element - Objective 2 Open Space and Recreation Element - Policies 2.1 thru 2.4 Conservation Element - Objective 2 Conservation Element - Policy 7.6 Conservation Element - Policy 8.2 Sanitary Sewer, Solid Waste, etc. - Policies 4.1 thru 4.3 Sanitary Sewer, Solid Waste, etc. - Policy 5.2 Sanitary Sewer, Solid Waste, etc. - Objective 6 and Policies 6.1 thru 6.3 Conservation Element - Objective 5 Conservation Element - Policy 5.1 0_ 902 34 Consci-vation Element - Policies 5.3 thru 5.4 Traffic Circulation Element - Objective 2 and Policies 2.1, 2.2 and 2.4 Housing Element - Policy 1.5 �. The following objectives and policies contained in the Broward County Land Use Plan are adopted into the City's'Future Land Use Element: "a. The City of Tamarac will address, within the development codes and regulations, the protection of existing and designated parks, recreation and open space lands to ensure such lands are protected from future development. b. The City of Tamarac shall protect and conserve those areas known to be reproduction, nesting, and feeding areas for animals listed as endangered or threatened species or species of special concern. c. The City of Tamarac will protect the minimum seasonal flows and levels of surface watercourses, as established by the South Florida Water Management District. d. The City of Tamarac will protect and conserve those areas known to contain plant species listed in the Regulated Plant Index for protection by the Florida Department of Agriculture and Consumer Services. e. The City of Tamarac will participate in Broward County's Resource Recovery and Landfill Facilities Program. f. The City of Tamarac shall discourage activities in the vicinity of Local Areas of Particular Concern which would have a detrimental impact upon such areas. g. The City of Tamarac shall give priority to water -dependent uses such as marinas and public access to waterways, in decisions affecting waterfront property. h - The City of Tamarac shall require that lakes be constructed With vegetated shallow water habitat as required by the Office of Natural Resource Protection (which will promote both natural lake functions and the health, safety, welfare and recreation of Tamarac's residents). i. Objective: The City of Tamarac will protect the wetlands, hydric soils and the vegetative communities historic to areas within Tamarac for their natural functions, such as storing freshwater, filtering tormwatvr runoff and preventing erosion. fi -.z�� d��>lt�l��3�et:�� nos and-reg1 all aNyetla 11nsu n..h k. Objective: The City of Tamarac will protect identified floodplains and areas subject to seasonal or periodic flooding. I. The City's land development code shall contain floodplain protection provisions consistent with the criteria and mapping of the Federal Emergency Management Administration. in . The City of Tamarac shall require redevelopment within identified iloodplains to address existing flooding problems.. n. Through provisions in the City's development regulations, public reads and parking lots shall be designed consistent with the criteria of the South Florida Water Management District. o. The City of Tamarac shall coordinate its historic resource protection activities with applicable state and federal laws. p. The City shall consider the impacts of land use plan amendments on historic resources. q. Objective: The City of Tamarac will eliminate flooding problems while preserving groundwater quality through planned growth, the provisions of drainage and stormwater management systems and the adoption of appropriate development codes and regulations. r. New development shall provide water storage capacity equal to that which existed under predevelopment conditions consistent with the crater management regulations and plans of the South Florida Water Management District and the Office of Natural Resource Protection. s. lie,.r non-residential development shall provide pre-treatment of stormwater runoff through grassy swales, filtration trenches or other means consistent with the Best Management Practices of the South Florida Management District. • t. Objective: The City will ensure that public facilities and services meet those level of service standards established in the Tamarac Comprehensive Plan. s o- 9.2-3y u. Obioctive: The City will coordinate transportation and land use planning activities of Broward County and the City of Tamarac to ensure that the regional roadway network levels of service standards established within the Broward County Comprehensive Plan are met. v. For those portions of the regional roadway network within Tamarac, the City shall adopt levels of service and concurrency management systems consistent with the Broward County Traffic Circulation Element. tti . Brotivard County and the City of Tamarac shall utilize the highway capacity methodology endorsed by the Broward County Metropolitan Planning Organization and approved by the Broward County Board of County Commissioners to determine the capacities and levels of service on the regional roadway network. X. Broward County and the City shall consider' the individual and cuzxlulative impacts of land use plan amendments on the existing and planned transportation facilities within the City. N'. In order to protect the transportation corridors identified on the Broward County Trafficways Plan, the City shall not issue building permits or development orders for construction within' identified rights -of -way. z. The City of Tamarac shall protect from obstruction Federal Aviation Administration approved and locally adopted aircraft air corridors."