HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-051Temp. Reso. No. 12657
June 10, 2015
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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
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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
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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
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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.
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Temp. Reso. No. 12657
June 10, 2015
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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.