HomeMy WebLinkAboutCity of Tamarac Ordinance O-2014-014Temp Ord. No. 2306
September 10, 2014
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 02014 -
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 0.59
ACRES IN SIZE, CONTAINED IN THE PROPERTY LOCATED AT 5981 W
COMMERCIAL BOULEVARD, TO CHANGE THE FUTURE LAND USE
DESIGNATION FROM "RECREATION" TO "LOW DENSITY RESIDENTIAL" IN
ORDER TO ALLOW THE DEVELOPMENT OF A TOTAL OF SIXTY-EIGHT (68)
TOWNHOME DWELLING UNITS (CASE NO. 1-LUA-14) CONSISTENT WITH THE
INTENT OF THE CITY OF TAMARAC COMPREHENSIVE PLAN; PROVIDING
FOR AMENDMENT TO THE LAND USE PLAN TO REFLECT SUCH CHANGEi
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. 2306
September 10, 2014
Page 2
WHEREAS, the subject area, consisting of approximately 0.59 acres in size, contained
in the property located at 5981 West Commercial Boulevard, is currently designated by the
City Comprehensive Plan Future Land Use Map as Recreation; and
WHEREAS, Scott Backman, Esq., Dunay, Miskel, Backman & Blattner, LLP,
designated agent for the property owners, Woodlands THJV, LLC, c/o Perry Ventures, LLC,
and Alliance PJWE LTD Partnership, c/o Alliance Tax Advisors, filed an application for a
Small Scale Land Use Map amendment to change the designated use of the 0.59 acres from
Recreation to Low Density Residential use, to allow for a 68 unit townhome development;
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 6,
2014, 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 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 L
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
Temp Ord. No. 2306
September 10, 2014
Page 3
upon adoption hereof; all exhibits attached hereto are incorporated herein and made a
specific part of this Ordinance.
SECTION 2:
following:
1.
2.
3.
The City Commission has reviewed the application and finds the
The Amendment is consistent with the goals, objectives and policies of the City
of Tamarac Comprehensive Plan;
The characteristics of the surrounding area and the characteristics included in
the proposed development are compatible;
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
Plan of the City of Tamarac (Case No. 1-LUA-14) reviewed by the Planning Board and
approved by the City Commission, attached hereto and made a part of this Ordinance, as
shown on Exhibit "A" from "Recreation" to "Low Density Residential", 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 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 not become effective until thirty one (31) days
after adoption on second reading, if not otherwise challenged.
PASSED, FIRST READING this
PASSED, SECOND READING this
ATTEST:
PATRICIA TEUFEL,
CITY C
LERK ,
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS ORDINANCE
AS TO FORM
V!'CITY ATTORNEY
0�x
Temp Ord. No. 2306
September 10, 2014
Page 4
day of L/44 �
RRI2Y DRESSLER,
MAYOR
, 2014.
, 2014.
RECORD OF COMMISSION VOTE:
1ST READING
MAYOR DRESSLER
DIST 1: COMM. BUSH NELL
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSE
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE:
2ND READING
MAYOR DRESSLER
DIST 1: COMM. BUSH LL
Zo�--
DIST 2: V/M GOMEZ l4e.-Z�
DIST 3: COMM. GLASSek74 -Z
DIST 4: COMM. PLACKO
.
DO" U N AN nary S. ounay
Bonnie Misket
MISKEL Scott Backman
Dayid K. Blattner
BACKMAN Dwayne t. Dickerson
BLATTNERLLP' Christina 8itenki
Chelsea at the Woodlands
Small Scale Land Use Plan Amendment Request & Justification
Commercial Boulevard and NW Se Avenue
Woodlands THJV, LAC ("Petitioner") owns the +/- 7 A acre parcels located on the north side of
Cornmercia] Boulevard and split by NW. 59t"..Aven:ue. ("Property") in. the City of Tamarac. ("City"). The
Property -has a Land -Use Designation of Low (5) Residential based,.upon the Broward County Future Land
Use Map, which permits 0-5 dwelling units per acre. The City's' Future land Use Map also ,designates the
majority of the Property as Low (5) Residential.. However, a sma-114/-0.59 acre portion of the Property
(part of which .falls over NW' 59th Avenue) has a future land .use designation of Recreation solely on the
City's Future :Land Use Map, The zoning designation for the Property, including the. area designated
Recreation on the City's land use map, is currently R-1C, single family residential. PetitionerJs proposing
development of sixty eight (68) three and four bedroorn townhouse units ("Project") and has. submitted
concurrent applications requesting an allocation of reserve units and a . rezoning to the R-3,16w density
multifamily zoning district in order to develop the Project. Petitioner is also requesting a small. scale
land use plan amendment ("LUPA,") as a clean-up item, in order. to change the portion of the Property
designated as Recreation to the City's Low (5) Residential designation, which is consistent with the
remainder of the Property.and .Broward County's land use designation.
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