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
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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
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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
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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.