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Home My WebLink AboutCity of Tamarac Ordinance O-2019-009 Temp. Ord. No. 2400 May 8, 2019 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2019- 0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING A SMALL SCALE LOCAL 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 6.24 NET ACRES IN SIZE, LOCATED ON THE NORTHEAST CORNER OF NORTH PINE ISLAND ROAD AND WEST MCNAB ROAD, ADDRESSED AS 8501 WEST MCNAB ROAD, MORE SPECIFICALLY DESCRIBED AS ALL OF THAT LAND SHOWN AS PARCEL "A"AND PARCEL"B" ON THE PLAT OF COLONY WEST SHOPPING PLAZA AS RECORDED IN PLAT BOOK 84 PAGE 25 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, , AND FULLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A", TO CHANGE THE FUTURE LAND USE DESIGNATION FROM "COMMERCIAL" TO "MEDIUM- HIGH RESIDENTIAL" IN ORDER TO ALLOCATE TWO HUNDRED AND TWELVE (212) FLEXIBILITY UNITS AND 8.74 GROSS COMMERCIAL-TO- RESIDENTIAL FLEX ACRES TO FACILITATE THE DEVELOPMENT OF A RESIDENTIAL APARTMENT USE AND PROVIDE CONSISTENCY WITH THE LAND DEVELOPMENT CODE IN ACCORDANCE WITH THE INTENT OF THE COMPREHENSIVE PLAN OF THE CITY OF TAMARAC; (CASE NO. 3-LUA- 18)AUTHORIZING TRANSMITTAL OF THE SMALL SCALE LAND USE MAP AMENDMENT TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND THE BROWARD COUNTY PLANNING COUNCIL FOR RECERTIFICATION OF THE CITY OF TAMARAC FUTURE LAND USE MAP; 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, 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 Temp. Ord. No. 2400 May 8, 2019 Page 2 Department of Economic Opportunity; and WHEREAS, Section 163.3187(1), Florida Statutes, allows local governments to periodically make small scale land use amendments to and recertify 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 WHEREAS, the subject area, consisting of approximately 6.24 net acres in size, located on the northeast corner of North Pine Island Road and West McNab Road, addressed as 8501 West McNab Road, more specifically described as all of that land shown as Parcel "A" and Parcel "B" on the Plat of Colony West Shopping Plaza as recorded in Plat Book 84 Page 25 of the Public Records of Broward County, Florida, Said lands situate, lying, and being in Broward County, Florida and more particularly described in the legal description shown in Exhibit "A" is currently designated by the City Comprehensive Plan Future Land Use Map as "Commercial"; and WHEREAS, the Broward County Land Use Map designation of the subject property is Commerce; and WHEREAS, James Drotos, designated agent for the property owners, Vicdis Investment, LLC, Promociones 03, LLC, and Vadi Financing, Inc., has filed an application for a Small-Scale Local Land Use Map Amendment to change the designated use of the 6.24 net acres from Commercial to Medium-High Residential, to allow for the development of a residential apartment use; Temp. Ord. No. 2400 May 8, 2019 Page 3 WHEREAS, Broward County and the City of Tamarac Land Use Plan allows rearrangement of land uses and residential densities within the City's Unified Flexibility Zone, within the limits specified by the Broward County Land Use Plan; and WHEREAS, the proposed small-scale future land use map amendment warrants the allocation of two hundred and twelve (212) flexibility units and 8.74 Gross Commercial-to-Residential Flex Acres to be consistent with the Broward County Land Use Plan; and WHEREAS, the Future Land Use Map amendment is being adopted conditionally upon the Broward County Planning Council recertification of same; and WHEREAS, the Planning Board, after a duly noticed public hearing held on May 1, 2019, reviewed the Small-Scale Local 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 Local Land Use Plan 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 Local Land Use Plan 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 Temp. Ord. No. 2400 May 8, 2019 Page 4 Ordinance upon adoption hereof; all exhibits attached hereto are incorporated herein and made a specific part of this Ordinance. SECTION 2: That the City of Tamarac's Future Land Use Map is hereby amended for the lands for which the legal description is hereto attached as Exhibit "A", from Commercial to Medium-High Residential subject to the following condition: 1. The applicant shall submit the appropriate applications to the Broward County Planning Council to recertify the City's Future Land Use Map and supply a copy of the approved recertified map to the Community Development Department prior to the issuance of a building permit. SECTION 3: That a total of two hundred and twelve (212) flexibility units and 8.74 Gross Commercial-to-Residential Flex Acres shall be allocated to the subject property. SECTION 4: That the City Clerk is directed to transmit a certified copy of this Ordinance to the Department of Economic Opportunity as required under the Small- Scale amendment process allowed by Chapter 163.3187 Florida Statues. SECTION 5: That the City Clerk is further directed to transmit a certified copy of this Ordinance to the Broward County Planning Council with the City's amended Future Land Use Map for recertification of same. SECTION 6: 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 7: 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. Temp. Ord. No. 2400 May 8, 2019 Page 5 SECTION 8: This Ordinance shall not become effective until thirty-one (31) days after adoption on second reading, if not otherwise challenged and the Broward County Planning Council recertifies the City's Future Land Use Map as consistent with the County Land Use Plan. �'� PASSED, FIRST READING this i)OR day of //- l 7 ,2019. PASSED, SECOND READING this /pi day of ,2019. ii(),M176-9, MICHELLE J. G®NIEZ, MAYOR ATTEST: TRICIA TEUFEL C C CITY CLERK RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ DIST 1 : COMM. BOLTON DIST 2: COMM.GELIN DIST 3: COMM. FISHMAN DIST 4 V/M PLACKO I HEREBY CERTIFY that I have approved this ORDINANCE as to form RECORD OF COMMISSION VOTE: 2nd Reading MAYOR GOMEZ L DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4 V/M PLACKO > i4 .14 fit h , SAMUEL S. REN CITY ATTO ITV EY s N.W. 88fh AVE. fl 0 mi 1 Ei N. P = — / n A---4" ss`X ;F'R Pp�Ew..w ®....�1gA n 2 :31 "ass a�� t ail' �"—c,�\\ t I Pu]uwrre 0 �) ig - ), irlimill f I I mo. / A UI' ��iRn$ uNE >e� g„ ° $ 4��0�9 � p�$° � m°�� r • A 7 e tw'g — 0.^�y: 10 snov�� ►-per , mmocic w�'> >^oag 8$ o= f � "sa: :W ju.. 'I :_I_ .r. gvo g sm�sg f � g omO �gr� _ e N arse.,E O00(P) 'e8S � > > I�QQ - � ��BTL° y ° > Y m v �9 NWS]19'_W .W( ) II' �! c iP Ei n'' 'SOg mj(,gA bpi p i 9>.S F' ---�—' — .PE_Z—_ —114 "l g� gqi :4 y p m1 'U 111 =g g m I _i; y,i sqc a 9 =" E prpoo `>£m' I T r o Pi G >4Oyy4 fg°� .1: ymA �r �v 111 I i 0- a > s °. 4 Sig° -' S.>Ng 4RE 1 '>m Jrn L L L I a o�R�= �� aQ .9� ,s t I g „gag .oil R 1 HE l► ,W1. II "� IF. 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