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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-029Temp. Reso. No. 12629 April 8, 2015 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2015 - c)q. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, CONFIRMING AND RATIFYING THE CITY MANAGER'S ADMINISTRATIVE ORDER DATED APRIL 7, 2015 DECLARING ZONING IN PROGRESS AND PROHIBITING THE ISSUANCE OF PERMITS FOR NEW DEVELOPMENT ON PROPERTIES ZONED BROWARD COUNTY B-3 WITHIN THE BOUNDARIES OF THE CITY OF TAMARAC ATTACHED AS EXHIBIT "A" HERETO AND INCORPORATED HEREIN, IN ACCORDANCE WITH CHAPTER 24, ARTICLE II, DIVISION 6, SECTION 24-91 OF THE CITY OF TAMARAC CODE OF ORDINANCES; AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE STUDY AND REVIEW OF THE CITY'S REGULATIONS RELATING TO APPROPRIATE ZONING AND LAND USE DISTRICTS AND REGULATIONS FOR THE AFFECTED AREAS; PROVIDING THAT UPON THE ADOPTION OF THIS RESOLUTION CONFIRMING THE ADMINISTRATIVE ORDER, NO PERMITS SHALL BE ISSUED FOR NEW DEVELOPMENT WITHIN THE AFFECTED AREAS DURING THE TIME PERIOD COVERED BY THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 15, 2008, The City of Tamarac ("City") annexed into its corporate limits certain portions of unincorporated Broward County known as the Boniello Gardens, Prospect Bend, Continental Plaza and West Commercial Boulevard/ NW 31 St Avenue annexation areas; and WHEREAS, Continental Plaza and West Commercial Boulevard/ NW 31 St Avenue areas, legally described in Exhibit "A" attached hereto, are zoned Broward County B-3; and WHEREAS, 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; and WHEREAS, the City Manager and the City's professional staff continuously monitor and review the City's Comprehensive Plan and Land Development Regulations Temp. Reso. No. 12629 April 8, 2015 Page 2 of 4 to ensure appropriate development in the City, and from time to time recognizes the need to study and amend aspects of the same; and WHEREAS, a copy of the City Manager's Administrative Order is attached hereto as Exhibit till), and incorporated herein by reference; and WHEREAS, pursuant to Section 24-91 of the City of Tamarac Code of Ordinances, the City Manager, subject to the confirmation by the City Commission pursuant to this Resolution, has imposed a prohibition on the issuance of any permits for new development on properties zoned Broward County B-3 within the City of Tamarac's corporate boundaries for a period of one hundred and twenty (120) days from the date of the Administrative Order; and WHEREAS, such a prohibition for 120 days is the minimum reasonable time 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 areas; and WHEREAS, the City Commission approves of and confirms the City Manager's Administrative Order, and hereby finds that the ratification of same is in the best interest of the citizens and residents of the City. NOW, THEREFORE, be it resolved by the City Commission of the City of Tamarac, Florida, that: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. Temp. Reso. No. 12629 April 8, 2015 Page 3 of 4 That pursuant to Section 24-91 of the City of Tamarac Code of Ordinances, ("Zoning in Progress"), the City Commission confirms and ratifies the City Manager's April 7, 2015, Administrative Order prohibiting the issuance of permits for new development on properties zoned Broward County B-3 located within the corporate limits of the City of Tamarac. Section 3. The Zoning in Progress shall cease at the earliest of the expiration of one hundred and twenty (120) days from the issuance of the Administrative Order, upon the effectiveness of an Ordinance addressing the subject matter of the Administrative Order, or upon the adoption of a resolution terminating the Z. onrhg in Progress. Section 4. That the City Commission hereby directs the City Manager to study and review land use and zoning regulations relating to the appropriate City of Tamarac zoning and land use districts to assign to the affected areas. Section 5. The City Commission hereby authorizes and directs the appropriate City Officials to do all things necessary and expedient to effectuate the intent of this Resolution. Section 6. and adoption. This Resolution shall become effective immediately upon its passage PASSED AND ADOPTED BY FLORIDA THIS �;Z DAY OF ATTEST: PATPICIA.TEUFEL, MC r CITY CLERK THE CITY I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: Sh4UEL S. GO , CITY ATTORN0 Temp. Reso. No. 12629 April 8, 2015 Page 4of4 COMMISSION OF THE CITY OF TAMARAC, 2015. CITY OF TAMARAC FLORIDA HARRY MAYOR SLER, RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO Existing properties zoned Broward County B-3 within Citv of Tamarac West Commercial Boulevard/NW 31stAvenue- 0.76 Acres (See attached Legal Descriptions) City of Fort Lauderdale City of Oakland Park Continental Plaza- 3.07 Acres (See attached Legal Descriptions) Subject Properties Not To Scale Exhibit A 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 SOth 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; No Text 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. Exhibit "1" CITY OF TAMARAC, FLORIDA ADMINISTRATIVE ORDER ORDER DECLARING ZONING IN PROGRESS AND PROHIBITING THE ISSUANCE OF PERMITS FOR NEW DEVELOPMENT IN ALL BRO1l'tIARD COUNTY B-3 ZONING DISTRICTS WITHIN THE CITY aF .TAMARAC BACKGROUND 4n September 1.5, 2008, The City of Tamarac ("City") annexed into its corporate limits certain portions of unincorporated Broward County known as the Bonie to Gardens, Prospect Bend, Continental Plaza and West Commercial Boulevard/ NW 31St Avenue annexation areas. Continental Plaza and West Commercial Boulevard/ NW` 31't Avenue areas, legally described in Exhibit "A" attached hereto, are zoned Broward County B-3. Section 1.71..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 until the 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'M3 zoning standards to new development within 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 compliance with the City's Comprehensive Plan. ORDER Pursuant to Chapter 24 Article Il, Division B, Section 24-91. of' the Code of Ordinances of the City of Tamarac, Florida, the City Manager hereby issues an Administrative Order declaring "zoning in progress" (00068348.2 2704-0501640 ) on the issuance of permits for new development on properties zoned Broward County B-3 within the City's municipal boundaries as further described in Exhibit "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 B-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 circulation and placed on the April 22nd, 2015 City Commission agenda for the required public hearing and consideration. Effective date: April 7, 2015 Expiration date: August Soh, 2015 Contact; Frank Zickar, Planning and Zoning Manager Community Development Department Planning and Zoning Division (954) 597.3530 _.e Michael Cernech, City lvlan;fger City of Tamarac, Florida (00069348.2 2704-0501640 )