HomeMy WebLinkAboutCity of Tamarac Resolution R-81-029Introduced by; {� Temp. 1836
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC
ENDORSING LAND DEVELOPMENT REGULATIONS PROPOSED BY THE
BROWARD COUNTY TECHNICAL ADVISORY COMMITTEE
WHEREAS, the City of Tamarac supports the concept of local government
responsibility for sound planning and development practice and regulation with
coordination through the Broward County Technical Advisory Committee.
WHEREAS, the Broward County Technical Advisory Committee for Compre-
hensive Planning was established by Broward County Ordinance No. 76-4 in accord-
ance with Section 163.3207, Florida Statutes; requiring said Committee to
coordinate technical elements of a comprehensive plan and to advise Local
Planning Agencies and Local Governing Bodies; and,
WHEREAS, the Committee consists of technical representatives from
the City of Tamarac and each Broward County municipality as well as from other
special governmental bodies such as the Broward County School Board, Central
Broward Drainage District and Port Everglades Commission, Fire Control
Commission; and,
WHEREAS, on August 6, 1980, the Technical Advisory Committee adopted
the resolution attached hereto and made a part hereof recommending that the
County Commission refuse to adopt the draft Development Review, Site PlaA and
Plat Ordinance then under consideration and to instead appoint a committee to
draft land development regulations for the unincorporated area and a separate
county -wide plat ordinance that would be understandable, workable, and consistent
with the rights and responsibilities of the County and the.municipalities under
the Broward County Charter and the County Land Use Plan; and,
WHEREAS, the Broward County Commission instructed its office of Planning
to work together with Technical Advisory Committee to prepare a Land Development
Code for Broward County to be composed of land development regulations and a
development review process for the unincorporated area and a separate countywide
plat ordinance governing the exercise of the County Commission's power to
approve or deny the recordation of plats of lands located within the unincor-
porated area or within a municipality; and,
WHEREAS, the Technical Advisory Committee individually and as a whole,
has devoted innumerable hours in review, discussion, and drafting of the Land
Development Code and Countywide Plat Ordinance at regular meetings.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The City Council of the City of Tamarac requests
that the Board of County Commissioners adopt the draft after holding due public
meetings to receive maximum public participation and strongly recommends against
any redraft, modification or amendment to the draft which would be inconsistent
with the recommendations of the Technical Advisory Committee Resolution to the
County Commission dated August 6, 1980 attached hereto and made a part hereof or
otherwise destroy the consensus which has been created by this cooperative effort.
SECTION 2: The City Council of the City of Tamarac supports
Division 6 of the Land Development Code (the Countywide Platting Ordinance),
which permits the County Commission to reject for recordation a proposed plat
approved by a municipality in violation of the County Land Use Plan or of
its certified Land Use Plan, and recognizes this is the only procedure for
enforcement intended and permitted by the Broward County Land Use Plan.
SECTION 3: The City of Tamarac shall distribute copies of this
Resolution to the Chairman and Board of County Commissioners, the Chairman and
members of the Broward County Planning Council, the South Florida Regional
Planning Council, and the Director of Florida's Division of Local Resource
Management.
PASSED, APPROVED AND ADOPTED this day of ,1981.
MAY
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have approved
the form and correctness of this
RESOLUTION
me.
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
0
T
5
VESOLUTION Or IMOWARD COUNTY M-1,PRr-
HENSIVF. PLANNING T1:01NICAL AMTSU►tY
COMMITTEE PROVIDING R1:C0.'-U•1Et3DATI0NS
FOR REVISIO14S TO THE C014CE:PT AND
CONTENT 01' THE TROPOSE•D rI.I%TTING AND
IANn MVE1.0111EN'T REGULATION'S Or
11RO:4ARD COU14 TY
MILREAS, Florida Statute 3.63 creates the Broward County Compre-
hensive Planning Technical Advisory Committee and specifies its responsibilities
as to "coordinating technical elements of a comprehensive plan and to advise..."
various agencies as to their findings, and
WHEREAS, Section 5-118 of the Broward County Code of Ordinances
also specifies the responsibilities of the Technical Advisory Committee to
*'coordinate technical elements of the technical plans, elements and portions
thereof and to advise..." various agencies of their findings, and
WHEREAS, according to Florida Statute 163, "intergovernmental
coordination" and "implementation" are two required elements or portions of
elements and both of these requirements relate directly to the major purpose
of the proposed Broward County Land Development Regulations, and
WHEREAS, the major purpose of the Development Review Regulations
of Broward County is "to coordinate and integrate the development review process
of the Broward County Land Use Plan and the County Platting and Site Dcvclop-
ment Plan approval process..." and
WHEREAS, the implementation of these regulations affect all
comprehensive plans of Broward County just as the various comprehensive plans
should also affect how they are implemented through.land development regula-
tions, and
MILMMS,'the Broward County Comprehensive Planning Technical
Advisory Committee determined that it was their responsibility to review said
proposed regulations and, therefore, established a subconunittee for Unis pur-
rose, analyzed the basis, procedures and result of the proposed regulation::
and developed recommendations as to hot: these proposed regulations should he
improved.
IRM, THERr•.rORE, 33E IT RIZOLVI:U that the follo%:ing recommendations
be forwarded to the Itroward Cou►►ty board of County Commis':iOyler s, Use Ilroaaid
County
Planning Council,
the 11roward
county Office of Pl ii,»>i ng
and
the
County
Office General
Coun::el ndvi::ing
thc::e r,rjencie:: .,:: to
the
raro�uurnc).�-
S
Oft
1. Concurrent review of plats by the .City and County is desirable.
2. Droward County Commission does not have authority to implement develop-
mental review process on property within a municipality.
3. County Commission does have authority to review and .ipprove plats in
municipalities and unincorporated areas consistent with standards set do-.,;n'
in F.S. 177.
4. Developmental review process outlined 'in Broward County Land Use Plan,
Section 5 specifically gives developmental review authority to municipalities.
5. The proposed single ordinance concerning platting and the developmental
review process should be redrafted as two ordinances:
a. Developmental Review Ordinance for unincorporated areas.
b. Platting Ordinance for municipalities and unincorporated areas.
6. Administration of the ordinance as drafted would produce additional
bureaucracy and untimely delays malting it more difficult for Droward County
citizens to purchase affordable housing.
7. The Ordinance as drafted does not present a clear picture of the Platting
and Developmental Review proposal even when viewed by the professionals
who would ultimately be responsible for its implementation. In order to
clarify the proposal, P.E.R.T. charts should be prepared by the Office of
Planning in line with items 5 above.showing:
P.E.R.T. $1 showing the current developmental review process for
unincorporated areas, for comparison to:
P.E.R.T. 42 showing the proposed developmental review process for
unincorporated areas.
P.E.R.T. 93 showing the current platting.steps for municipalities
and unincorporated areas, for comparison to:
P.E.R.T. 04 shrnaing the proposed platting steps for municipalities
and unincorporated areas.
c. The second draft of the proposed ordinances should be written in plain
English leaving nothing to imagination or assumption.
9. 71ie second draft should then be reviewed by the appropriate organizations
including TAC and the Droward County Planning Council.
10. Tor the redraft of the platting ordinance which applies to municipalities
and unincorporated areas. the County Hoard of Commissioners is requested to
appoint a Drafting Committee to consi!:t of reproucntativea from the Technical
Advisory Cuttunittec, lsroward County l'l�nniticj Council, Ilic Office of rlannincj,
Droward County League of Cities and County Legal Staff.
11. Mat certain letter dated July 7, 1980 r:ritten by 1.1ic),ael B. Small,
C0111'sel to the Broward County PlanninJ Council is hereby incorporated a:; a
part of the TAC Subcommittee's report in view of tlje clarity wit}, whic},
Mr. Small presents his evaluation.
ADOPTED this 6th day of August, 1980, Broward County, Florida
BROUARD COUNTY COt•1PRLltTiiSjVE PLl,:^:It:G
TECH141 CAL ADVISORY CO:-WITTEE
RIiLD F. MUCCI, -1 I}JJ1ti
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