The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Ordinance O-2018-013Temp. Ord. No. 2385 August 8, 2018 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2018- 3 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 AN AREA OF APPROXIMATELY 2.33 ACRES IN SIZE, CONTAINED IN A PORTION OF THE SOUTHERN BELL TELEPHONE COMPANY PROPERTY ON THE NORTHEAST CORNER OF NW 76 STREET AND NORTH UNIVERSITY DRIVE, ORIGINALLY ADDRESSED AS 7600 N UNIVERSITY DRIVE, MORE SPECIFICALLY DESCRIBED AS PARCEL "A" AND PARCEL "C", "SOUTHERN BELL—TAMARAC", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGE 39, OF THE PUBLIC RECORDS OF BROWARD COUNTY, LESS AND EXCEPT THEREFROM THAT CERTAIN RIGHT-OF-WAYAS DESCRIBED IN OFFICAL RECORDS BOOK8066, PAGE 444, OF THE PUBLIC RECORDS OF BROWARD COUNTY AND SHOWN IN EXHIBIT "A", TO CHANGE THE FUTURE LAND USE DESIGNATION FROM "UTILITIES" TO "COMMUNITY FACILITIES" IN ORDER TO ALLOW FOR THE DEVELOPMENT OF A SPECIAL RESIDENTIAL FACILITY, CATEGORY 3 (CASE NO. 1-LUA-18) CONSISTENT WITH THE INTENT OF THE CITY OF TAMARAC COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE LAND USE PLAN TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3167 requires local governments to adopt and maintain a comprehensive plan and prepare amendments to its existing comprehensive plan to conform it to the requirements of the Section; and WHEREAS, the City of Tamarac Comprehensive Plan was last adopted by Ordinance Number 2008-08, as amended, pursuant to State law in 2008; 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 Temp. Ord. No. 2385 August 8, 2018 Page 2 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 WHEREAS, the subject area, consisting of approximately 2.33 acres in size, contained in a portion of the Southern Bell Telephone Company property on the northeast corner of NW 76 Street and North University Drive, originally addressed as 7600 N University Drive, more specifically described as Parcel "A" And Parcel "C", "Southern Bell — Tamarac", according to the plat thereof, as recorded in Plat Book 89, Page 39, of the Public Records of Broward County, less and except therefrom that certain right-of-way as described in Official Records Book 8066, Page 444, of the Public Records of Broward County and shown in Exhibit "A", is currently designated by the City Comprehensive Plan Future Land Use Map as Utilities; and WHEREAS, Tracy Lautenschlager, Greenberg Traurig, P.A., designated agent for the property owners, Tamarac Real Estate, LLC, filed an application for a Small -Scale Land Use Map amendment to change the designated use of the 2.33 acres from Utilities to Community Facilities use, to allow for the development of a Special Residential Facility; 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 August 8, 2018, reviewed the Small -Scale Land Use Plan 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 amendment to the 0 Temp. Ord. No. 2385 August 8, 2018 Page 3 Mayor and City Commission; and WHEREAS, in accordance with the requirements of Florida Statutes and the City of Tamarac Land Development Code, notices to the public of public hearings held on August 22, 2018 and September 12, 2018 were provided; 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 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. Temp. Ord. No. 2385 August 8, 2018 Page 4 SECTION 3: That the Land Use Plan Amendment to the certified Land Use Plan of the City of Tamarac (Case No. 1-LUA-18) reviewed by the Planning Board and approved by the City Commission, attached hereto and made a part of this Ordinance, from "Utilities" to "Community Facilities", is hereby adopted. 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 & This Ordinance shall not become effective until thirty-one (31) days after adoption on second reading, if not otherwise challenged. n PASSED on First Reading, this day of PASSED on Second Reading this 96 day of ATTEST: l,l �� lip•': i i �,� r I HEREBY CERTIFY that I have approved this ORDINANCE as to form AMUEL S. GOREN 3S CITY ATTORNEY J Temp. Ord. No. 2385 August 8, 2018 Page 5 , 2018. 9n1R MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR DRESSLER DIST 1: COMM. BOLTON G DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4 COMM. PLACKO� RECORD OF COMMISSION VOTE: 2nd Reading MAYOR DRESSLER 1400 DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4 COMM. PLACKO a9 Hiatus Road 39. 3 Nob HIII Road m_m A �{ t Nob Hill Road 3 ao 3��rs€� o ■ �� a° o o Po ine Island Road Pine Island Road N Un rslty D- ' WW—fty Drivel NW 64 Avenue T ■ n h i�i�nA y m 33 Q mRock Island Road r t zi1 FI Rock Islantl Roatl N — m oad 7 441 m 3 `�^ a T NW 31 Avenue V 7 I O _O r `7 )// a 9/ m 2 A �tl88w w�fr So Ce AB:GG»B83 � 9GEvR&q,��G88W98BE(a .�,GfnG""e PY^ 638W gym B�B�v W�°�a3�8��gCm�B: o�&&sgsggggg�W�� ggW 0>;o3�E.o�o -ofe 3� w PgmHw p0� BROWARDNEKT RPM Me WARD COUNTY LAND USE PLAN V� -1418q :fir Adopted: April 24, 2018 4-1 a LEGEND A-y Rnkr CDIRarrcres .Commerce CD L. �2) -11 a 11.1 Reserve -.1 .,y A— -A.; CD — Rft.—.1 T-1 L... jz (25) nag voertlre0 CD J�ri .4 M w W7,ry W4 MAI Vile Mg T W�117 Mai IF -I OF :x Atlantic Ocean T—mg SCLUP Amendment subject IW"O'Cou 'I rIng NOT TO SCALE