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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-051Temp. Reso. No. 12657 June 10, 2015 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015 - -5-1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING A REASONABLE TIME EXTENSION OF THE ZONING IN PROGRESS OF SIXTY (60) DAYS 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 FURTHER 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 EXTENDING THE ZONING IN PROGRESS AN ADDITIONAL SIXTY (60) DAYS , NO PERMITS SHALL BE ISSUED FOR NEW DEVELOPMENT WITHIN THE AFFECTED AREAS FOR A TOTAL OF ONE HUNDRED AND EIGHTY (180) DAYS FROM THE DATE OF THE ADMINISTRATIVE ORDER CONSISTENT WITH 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 31St Avenue annexation areas; and WHEREAS, Continental Plaza and West Commercial Boulevard/ NW 31st Avenue areas, legally described in Exhibit "A" (attached hereto, incorporated herein and made a specific part thereof); 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 Temp. Reso. No. 12657 June 10, 2015 Page 2 of 5 WHEREAS, the City Manager and the City's professional staff continuously monitor and review the City's Comprehensive Plan and Land Development Regulations 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, on April 7, 2015, in accordance with Chapter 24, Division 6, Section 24-91 of the City of Tamarac Code of Ordinances, the City Manager issued an Administrative Order, Exhibit I", (attached hereto, incorporated herein and made a specific part thereof), instituting Zoning in Progress for One Hundred and Twenty (120) days with an expiration date of August 5, 2015, and WHEREAS, on April 22, 2015, pursuant to Section 24-91 of the City of Tamarac Code of Ordinances, the City Commission adopted Resolution R-2015-29, ratifying and affirming the City Manager's Administrative Order, which placed 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, 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 properties 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 is 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 areas; and Temp. Reso. No. 12657 June 10, 2015 Page 3of5 WHEREAS, the City Manager believes 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) is the acceptable reasonable time 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 areas; and WHEREAS, the City Commission approves the City Manager's request and hereby finds that the one hundred and eighty (180) day time limitation is reasonable and serves 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; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2. The Zoning in Progress is hereby extended from one hundred and twenty days (August 5, 2015) to one hundred and eight (180) days with a new expiration date of October 4, 2015, upon the effectiveness of an Ordinance addressing the subject matter of the Administrative Order, or upon the adoption of a resolution terminating the Zoning in Progress. Temp. Reso. No. 12657 June 10, 2015 Page 4 of 5 Section 3. 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 4. 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 5. This Resolution shall become effective immediately upon its passage and adoption. THIS PORTION OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 1 1 u Temp. Reso. No. 12657 June 10, 2015 Page 5 of 5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF 2015. ATTEST: .ATRICIA TEUFEL; CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: A,-,, #i , SAM EL S. GOREN, CITY ATTORNEY CITY OF TAMARAC FLORIDA // 41= HAMY YRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO Exhibit "I" CITY OF TAMARAC, FLORIDA ADMINISTRATIVE 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 TAMARAC BACKGROUND 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 315t Avenue annexation areas. Continental Plaza and West Commercial Boulevard/ NW 315t Avenue areas, legally described in Exhibit "A" attached hereto, are zoned Broward County B-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 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-3 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. K0110 Pursuant to Chapter 24, Article 11, Division 6, 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' (OD068348.2 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 22°d, 2015 City Commission agenda for the required public hearing and consideration. Effective date: April 7, 2015 Expiration date: August 5th, 2015 Contact: Frank Zickar, Planning and Zoning Manager Community Development Department Planning and Zoning Division (954) 597-3530 Approved Michael Cernech, City Manger City of Tamarac, Florida 100068348.2 2704-0501640 ) Existing properties zoned Broward County B-3 within Citv of Tamarac West Commercial Boulevard/NW 31stAvenue- 0.76Acres (See attached Legal Descriptions) City of Fort Lauderdale City of Oakland Park Continental Plaza- 3.07 Acres (See attached Legal Descriptions) N W E S 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 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.