HomeMy WebLinkAboutCity of Tamarac Ordinance O-2015-012Temp Ord. No. 2330
August 12, 2015
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2015-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, ADOPTING A SMALL SCALE 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 THREE (3) SUBJECT PROPERTIES
APPROXIMATELY 3.83 ACRES IN SIZE, ADDRESSED AS 3101, 3650, AND 3660
W COMMERCIAL BOULEVARD, TO CHANGE THE BROWARD COUNTY
"COMMERCIAL" FUTURE LAND USE DESIGNATION TO THE CITY OF
TAMARAC "COMMERCIAL" FUTURE LAND USE DESIGNATION IN ORDER TO
PROVIDE FOR A FUTURE LAND USE DESIGNATION CONSISTENT WITH THE
INTENT OF THE CITY OF TAMARAC COMPREHENSIVE PLAN (CASE NO. 1-
LUA-15); PROVIDING FOR AMENDMENT TO THE OFFICIAL FUTURE LAND
USE MAP 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 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
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 all 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 critical state concern; and
Temp Ord. No. 2330
August 12, 2015
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WHEREAS, three (3) subject properties, approximately 3.83 acres in size, located at
3101, 3650, and 3660 West Commercial Boulevard, are currently designated by the Broward
County Land Use Plan Map as "Commercial" Future Land Use Designation; and
WHEREAS, the City of Tamarac approved the Interlocal Agreement between the City
of Tamarac and Broward County to provide for the implementation of the annexation via
Resolution No. R-08-129 and annexed the subject properties from unincorporated Broward
County into the City of Tamarac on September 15, 2008; and
WHEREAS, the City Manager issued an Administrative Order on April 7, 2015; and
WHEREAS, the City Commission approved Resolution No. R-2015-29 on April 22,
2015, confirming and ratifying the City Manager's Administrative Order; and
WHEREAS, the City Manager's Administrative Order provides for a period of one
hundred and twenty (120) days from the effective date of the Administrative Orderto allowthe
City to develop and implement land use amendments pertaining to land contained within the
Administrative Order, and
WHEREAS, on May 27, 2015, the City Manager provided an update to the City
Commission identifying the recommended City of Tamarac zoning districts and land use
designations most appropriate for the subject properties with estimated timelines for changes
to the Zoning Map and the Future Land Use Map of the City of Tamarac; and
WHEREAS, the 120 days prohibition and recommended timeline was not considered
sufficient based upon the time needed to enable the City's professional staff to properly study
the issues associated with appropriate zoning and land use districts and designations and
associated regulations for the affected areas; and
WHEREAS, on June 24, 2015, the City Manager requested and the City Commission
granted a reasonable time extension of sixty (60) days for a total of one hundred and eighty
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Temp Ord. No. 2330
August 12, 2015
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(180) days as allowed by Section 24-91(e) based upon the time needed to enable the City's
professional staff to properly study the issues associated with the appropriate zoning and land
use districts and designations and associated regulations for the affected areas; and
WHEREAS, a Small Scale Land Use Map amendment was initiated in accordance with
the City Manager's Administrative Order to change the designated use of the 3.83 acres from
Broward County "Commercial" Future Land Use Designation to City of Tamarac "Commercial"
Future Land Use Designation to provide for Future Land Use Designations consistent with the
intent of the City of Tamarac comprehensive plan; and
WHEREAS, the Director of Community Development recommends approval of this
Small Scale Land Use Plan Amendment; and
WHEREAS, the Planning Board, after a duly noticed public hearing held on June 3,
2015, reviewed the Small Scale Land Use Plan Map 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 Land Use Plan Map 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 Land Use 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.
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
Temp Ord. No. 2330
August 12, 2015
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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: The City Commission has reviewed the application and finds the
following:
1. The Amendment is consistent with the goals, objectives and policies of the City
of Tamarac Comprehensive Plan;
2. The characteristics of the surrounding area and the characteristics included in
the proposed development are compatible;
3. The City of Tamarac has the ability or will have the ability to provide necessary
services for the additional demand for public facilities.
SECTION 3: That the Land Use Plan Amendment to the certified Land Use Map
of the City of Tamarac (Case No. 1-LUA-15) reviewed by the Planning Board and approved
by the City Commission, for three (3) properties addressed as 3101, 3650, and 3660 W
Commercial Boulevard, legally described in Exhibit "A", (incorporated herein and made a
specific part of this Ordinance) from Broward County "Commercial" Future Land Use
Designation to City of Tamarac "Commercial" Future Land Use Designation, is hereby
adopted, subject to the conducting of a Second and Final Public Hearing.
SECTION 4: 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: 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.
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August 12, 2015
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SECTION 7: This Ordinance shall not become effective until thirty one (31) days
after adoption on second reading, if not otherwise challenged.
PASSED FIRST READING this day of �ze
PASSED, SECOND READING this
ATTEST:
TRICIA TOUFFAI bMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form
in l n
VAj
SA UEL S. GOREN
CITY ATTORNEY
HMkY DRE SLER,
MAYOR
, 2015.
, 2015.
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST 2. COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR DRESSLER d �-
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
Broward County Commercial
Small Scale Land Use Plan Amendment
Case No. 1-LUA-15
Broward County
"Commercial" Designation
to City of Tamarac
"Commercial" Designation
ca ity of North Lauderdale City of Fort Lauderdale
W-M—N—nercial boulevara
ca
City of Oakland Park
City of Lauderdale Lakes
Broward County
"Commercial" Designation
to City of Tamarac
"Commercial" Designation
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W E
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Not To Scale
City CommissionPON
Maxine Calloway, Director
Public Hearing Community Development
August 26, 2015 a + ' 7525 NW 88 Avenue
9:00 a.m. Tamarac, FL 33321
Commission Chambers Subject Properties Telephone (954) 597-3530