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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-029Introduced by; {� Temp. 1836 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 3: 34 3! 31 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. 1 2 3 4 5 11 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 33 34 35 36 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 U