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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2015-012Temp Ord. No. 2330 August 12, 2015 Page 1 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 Page 2 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 1 Temp Ord. No. 2330 August 12, 2015 Page 3 (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 Page 4 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. 1 n Temp Ord. No. 2330 August 12, 2015 Page 5 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 r- W E S 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