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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2015-014Temp Ord. No. 2328 August 12, 2015 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2015-. 14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TAMARAC REFERENCED IN SECTION 24-3 OF CHAPTER 24 OF THE CITY OF TAMARAC CODE OF ORDINANCES TO REFLECT THE REZONING OF CERTAIN REAL ESTATE PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A", FROM THE CURRENT BROWARD COUNTY B-3 (INTENSE COMMERCIAL BUSINESS DISTRICT) ZONING CLASSIFICATION TO CITY OF TAMARAC B-2 (PLANNED COMMUNITY BUSINESS DISTRICT) ZONING CLASSIFICATION, FOR THE SUBJECT PROPERTY LOCATED ON THE NORTHWEST CORNER OF NW 31 AVENUE AND WEST COMMERCIAL BOULEVARD AT 3101 WEST COMMERCIAL BOULEVARD, IN ORDER TO PROVIDE FOR CONSISTENCY WITH THE LAND DEVELOPMENT REGULATIONS IN ACCORDANCE WITH THE INTENT OF THE COMPREHENSIVE PLAN OF THE CITY OF TAMARAC; (CASE NO. 4-Z-15); PROVIDING FOR AMENDMENT TO THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 property 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, declaring zoning in progress on properties zoned Broward County B-3 within the boundaries of the City of Tamarac; 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 Temp Ord. No. 2328 August 12, 2015 Page 2 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 Order to allow the City to develop and implement zoning amendments pertaining to land contained within Broward County B-3 zoning districts within the City, 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 property 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 area; 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 (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 area; and WHEREAS, a rezoning was initiated in accordance with the City Manager's Administrative Order and upon reference by the City Commission pursuant to Section 24- 66(2) of Chapter 24 of the City of Tamarac Code of Ordinances; and WHEREAS, the City desires to have certain real estate property located on the northwest corner of NW 31 Avenue and West Commercial Boulevard at 3101 West Commercial Boulevard, containing 0.76 acres of land, be rezoned from Broward County B- Temp Ord. No. 2328 August 12, 2015 Page 3 3 (Intense Commercial Business District) to City of Tamarac B-2 (Planned Community Business District); and WHEREAS, the proposed rezoning is consistent with the Comprehensive Plan in that the proposed zoning classification is consistent the underlying land use designation if the subject properties are amended to City of Tamarac "Commercial" Future Land Use Designation; and WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Tamarac, Florida, public notice has been given of the time and place of the public hearing regarding the rezoning of the subject property and said public hearing has been held in accordance with the notice and the public has been given an opportunity to be, and has been heard; and WHEREAS, on June 3, 2015, the Planning Board held a duly advertised Public Hearing and unanimously found the rezoning application met the requirements of Article III, Section 24-67 of the Code of Ordinances, and is in harmony with the goals, objectives and policies of the Comprehensive Plan and recommends approval; and WHEREAS, the Director of Community Development recommends approval of this Rezoning; and WHEREAS, the City Commission of the City of Tamarac, Florida, hereby accepts the Planning Board's recommendation, and finds that the proposed rezoning is consistent with the City of Tamarac Comprehensive Plan and is therefore in the best interest of the City; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp Ord. No. 2328 August 12, 2015 Page 4 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 thereof. SECTION 2: That the lands for which the legal description is hereto attached as Exhibit "A", (incorporated herein and made a specific part of this Ordinance) are hereby rezoned from Broward County B-3 (Intense Commercial Business District) to City of Tamarac B-2 (Planned Community Business District). SECTION 3: That the official Zoning Map of the City of Tamarac shall be changed to reflect such zoning designation upon the effective date of this Ordinance. 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 5: 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 6: This Ordinance shall become effective immediately upon adopted. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 1 1 PASSED, FIRST READING this 1:2 6 PASSED, SECOND READING this 0?0� ATTEST: Ll I jz��' I YZ 1) PATRICIA .; CITY CLERK V I HEREBY CERTIFY that I have approved this ORDINANCE as to form 4AUEL S. GOREN CITY ATTORNEY Temp Ord. No. 2328 August 12, 2015 Page 5 day of (Ijil { 4'4L '2015. day of ` `-' , 2015. ARRY DRESSLER, MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR DRESSLER L �. DIST 1: VICE MAYOR BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO Llei_ RECORD OF COMMISSION VOTE: 2nd Reading MAYOR DRESSLER DIST 1: VICE MAYOR BUSHNELL DIST 2. COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4. COMM. PLACKO Exhibit"I" CITY OF TAMARAC., I=LORiDA AD11 IWISTRATIVE ORDER ORDER DECLARING ZONING IN. PROGRESS AND PROHIBITING THE ISSUANCE OF PERMiTS.FOR NEW DEVELOPMENT IN ALL BROWARD COUNTY B-3 ZONING DISTRICTS WITHIN THE, CITY OF TAMARAAC BACKGROUND On September 15, 2008, The City of Tamarac. {"City") annexed into its corporate limits certain portions of unincorporated. Broward County known as the Bonieilo Gardens, Prospect Bend, .Continental PlaZO and West commercial Boulevard/ .NW 3e Avenue annexation areas. Continental Plaza and West Commercial Boulevard/ NW 31$1 Avenue areas, legally described in Exhibit "A" attached hereto;. are: zoned-Broward County 9-3. Section 171.062(2), Florida' Statutes, and Section 24,6 of.Chapter 24 of the City's Code of Ordinance, requires all annexed land subject to Broward County's zoning; land use or subdivision regulations to remain under those regulations untilthe municipality adopts a comprehensive plan amendment that includes the annexed area. Broward County's B-3 zoning designation and specifically its development standards are currently in direct conflict with the City's Land Development Regulations and Comprehensive Plan. In September, 2014, the City engaged a Consulting Firm to conduct a comprehensive rewrite of the Land Development Regulations to include updates to the City's Comprehensive Plan, Any attempts to process a new development application under Broward County's B-3 zoning; designation would be inconsistent with the City's development standards under the City's Land Development Regulations, and would be contrary to the goals, objectives and policies of the City's Comprehensive Plan, It is therefore necessary, and in the public's -best Interest to make a comprehensive determination as to whether development pursuant to the existing Broward County B-3 zoning district and regulations would be adverse to the City's goal of insuring that development is in. the best Interest of the public's health, safety, and welfare, and is not detrimental to the subject area, Furthermore, applying Broward County's B-3 zoning standards to. new development wittlin the annexed areas would produce inconsistencies in development standards such as height, setbacks, parking,.etc. that are contrary to the City's Land Development Regulations and. Comprehensive Plan. A Comprehensive Plan .amendment which includes the annexed areas is necessary and required_ to provide for land development consistency within a common zoning:designation and compliancewith the City'.s Comprehensive Plan. ORDER Pursuant to- Chapter 24, Article I1,Division 6, section 24.91 qf" the.Code of. Ordinances of the City of Tamarac, Florida, the City Manager hereby issues an Administrative Order declaring "zoning in progress" (00063343,2.2704,0501640) on the issuance of permits for new development on properties zbhed Broward County B-3 within the City's municipal boundaries as further described in Exhiiiit "A" attached, Furthermore., the City Manager declares zoning in progress for a period of one hundred and twenty (120).days from the date of this Administrative Order to allow for the City to develop and implement zoning and land use amendments pertaining to the land contained within Broward County S-3 zoning districts within the City, .providing that the Administrative Order shall be complied with by all city personnel and shall be effective immediately upon execution, subject to affirmation .by resolution of the City Commission, unless reversed, modified or superseded by resolution passed. by the City Commission. This matter shall be noticed in the newspaper of general c3rculation_and placed on the April.22"d, 2015 City Commission agenda for the required public hearing and consideration, Effective date: April 7, 2015 Expiration date: August 5"', 2015 Contact: Frank Zickar., Planning and Zoning Manager Community Development Department Planning and Zoning Division (954) 597-3530 Approved Michael Cernech, City:Man ger City of Tamarac, Florida (WOU343.2 17U4501"0 ) Exhibit "A" Legal Descriptions Continental Plaza A portion of Section 18, Township 49 South, Range 42 East, Broward County, Florida, more particularly described as follows: BEGIN at the intersection of the South right of way line of West Commercial Boulevard (NW 50th Street), being 555 feet South of and parallel with the North line of the Southwest One - Quarter (SW 1/4) of said Section 18, with the West line of the East 331.00 feet of the West 631.00 feet of the East 861.35 feet (measured at right angles) of the North 1,011.04 feet of the Southwest One -Quarter (SW 1/4) of said Section 18, said point being on the municipal boundary of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac; Thence Westerly along said South right of way line and along said municipal boundary to a line 861.35 feet West of and parallel with the East line of the Southwest One -Quarter (SW 1/4) of said Section 18; Thence Southerly along said parallel line and said municipal boundary to a line 1, 011.04 feet South of and parallel with the North line of the said Southwest One -Quarter (SW 1/4), said point being on the municipal boundary of the City of Lauderdale Lakes, as established by Chapter 84- 463, Laws of Florida; Thence Easterly along said parallel line and said municipal boundary to the West line of the East 331.00 feet of the West 631.00 feet of the East 861.35 feet (measured at right angles) of the North 1,011.04 feet of the Southwest One -Quarter (SW 1/4) of said Section 18, said point being on the municipal boundary of the City of Lauderdale Lakes, as established by Ordinance No. 87- 10 of the City of Lauderdale Lakes; Thence Northerly along said West line and said municipal boundary to the POINT OF BEGINNING. West Commercial Boulevard/NW 31st Avenue A portion of Section 18, Township 49 South, Range 42 East, Broward County, Florida, described as follows: BEGIN at the intersection of the North right of way line of West Commercial Boulevard with a line 53.00 feet West of and parallel with the East line of the Southeast One -Quarter (SE 1/4) of said Section 18, said point being on the municipal boundary of the City of Fort Lauderdale, as established by Ordinance No. C-72-22 of the City of Fort Lauderdale; Thence along said municipal boundary the following 3 courses; Exhibit "A" Legal Descriptions Thence Northerly, along said parallel line, to a line 200 feet North of and parallel with the North right of way line of West Commercial Boulevard; Thence Westerly, along said parallel line, to a line 253 feet West of and parallel with the East line of the Southeast One -Quarter (SE 1/4) of said Section 18, Thence Southerly, along said parallel line, to a point on the North right of way line of said West Commercial Boulevard, said point being on the municipal boundary of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of Tamarac, Thence Easterly along said North right of way line and said municipal boundary to the POINT OF BEGINNING.