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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-115TEMPORARY RESOLUTION NO. 13616 May 19, 2021 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021 I a� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ALLOCATING SEVENTY-TWO (72) BONUS SLEEPING ROOMS TO ALLOW FOR A SPECIAL RESIDENTIAL FACILITY, CATEGORY (3), AS DEFINED IN THE BROWARD COUNTY LAND USE PLAN, CONTAINING SEVENTY-TWO (72) SLEEPING ROOMS FOR THE SUBJECT PROPERTY LOCATED AT 7501 NW 76 STREET TAMARAC, FLORIDA (TRACT A LESS THE NORTH 20 FEET OF THE WEST 85 FEET, AND ALL OF TRACT C, SOUTHERN BELL-TAMARAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGE 39, OF THE PUBLIC RECORDS OF BROWARD COUNTY) TO PROVIDE FOR CONSISTENCY WITH THE LAND DEVELOPMENT CODE IN ACCORDANCE WITH THE INTENT OF THE COMPREHENSIVE PLAN OF THE CITY OF TAMARAC; (CASE NO. 1-FLX- 21); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Clifford R. Loutan, P.E., and Deena Gray, Esq., designated agents for the property owner, Serena Properties Pembroke Pine LLC, has requested that certain real estate property located at 7501 NW 76 Street, containing 2.33 net acres of land, be allocated seventy-two (72) bonus sleeping rooms to allow for a Special Residential Facility, Category (3), containing seventy-two (72) sleeping rooms; and WHEREAS, the subject property is zoned PF, Public Facilities, which permits the use of an Assisted Living Facility in accordance with Section 10-3.2 of the Land Development Code; and WHEREAS, in accordance with Section 10-2.4(A)(2) of the Land Development Code, the purpose of the Public Facility (PF) zoning district is intended to provide for educational institutions, municipal governmental facilities, and other related activities; and WHEREAS, the Broward County Land Use Map category of the subject property is Community; and WHEREAS, Special Residential Facilities are not specifically designated on the Future Broward County Land Use Plan Map (Series) as a separate land use category; and TEMPORARY RESOLUTION NO. 13616 May 19, 2021 Page 2 WHEREAS, Special Residential Facilities are permitted within the Community land use category of the Broward County Land Use Plan; and WHEREAS, each local government may permit a maximum of one hundred (100) bonus sleeping rooms within the local governmental boundary permanently dedicated to a Special Residential Facility use without an additional allocation of density; and WHEREAS, local governments may utilize the Special Residential Facilities provisions of the Broward County Land Use Plan regardless of whether such provisions are incorporated within the certified local land use plans, and WHEREAS, the proposed Special Residential Facility, Category (3), containing seventy-two (72) sleeping rooms warrants the allocation of seventy-two (72) bonus sleeping rooms to be consistent with the Broward County Land Use Plan; and WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Tamarac, Florida, public notice has been given of the time and place of the public hearing and said public hearing has been held in accordance with the notice and the public has been given an opportunity to be, and has been heard regarding the review of the petition for allocation of Bonus Sleeping Rooms; and WHEREAS, the Director of Community Development recommends approval (with condition); and WHEREAS, the Planning Board recommended approval (with condition) on June 2, 2021; and WHEREAS, the City Commission has examined the application, the staff and Planning Board recommendations; and WHEREAS, the City Commission has determined that the application is in compliance with all elements of the Comprehensive Plan, or will be in compliance with all elements of the Comprehensive Plan prior to the issuance of a Certificate of Occupancy for TEMPORARY RESOLUTION NO. 13616 May 19, 2021 Page 3 the development; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac, Florida to grant approval of the allocation of seventy-two (72) bonus sleeping rooms to allow for a Special Residential Facility, Category (3), containing seventy-two (72) sleeping rooms for the subject property located at 7501 NW 76 street, Tamarac, Florida (Tract A less the North 20 feet of the West 85 feet, and all of Tract C, SOUTHERN BELL-TAMARAC, according to the Plat thereof, as recorded in Plat Book 89, Page 39, of the Public Records of Broward County) (Case No. 1-FLX-21). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the subject property located at 7501 NW 76 Street, Tamarac, Florida (Tract A less the North 20 feet of the West 85 feet, and all of Tract C, SOUTHERN BELL-TAMARAC, according to the Plat thereof, as recorded in Plat Book 89, Page 39, of the Public Records of Broward County) is hereby allocated seventy-two (72) bonus sleeping rooms to allow for a Special Residential Facility, Category (3), containing seventy-two (72) sleeping rooms (Case No 1-FLX-21) subject to the following condition: 1. The allocation of seventy-two (72) bonus sleeping rooms to allow for a Special TEMPORARY RESOLUTION NO. 13616 May 19, 2021 Page 4 Residential Facility, Category (3), containing seventy-two (72) sleeping rooms is contingent upon approval of the Site Plan (Major) for Parkside Memory Care ALF (Case No. 12-SP-20). SECTION 3: That the City of Tamarac Unified Flex Table shall be changed to reflect such allocation of Bonus Sleeping Rooms upon the effective date of this Resolution. SECTION 4: That the City of Tamarac shall notify the Broward County Planning Council in writing and submit the City of Tamarac Unified Flex Table reflecting a total of twenty-eight (28) remaining Bonus Sleeping Rooms for future allocation. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its adoption. TEMPORARY RESOLUTION NO. 13616 May 19, 2021 Page 5 PASSED, ADOPTED AND APPROVED this day of , 2021. MICHELLE J. bOMEZ, MAYOR ATTEST: JENfaIIFER OHNSON, CMC CITY CLERk RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN P12 DIST 3: V/M VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this RESOLUTION as to form., DHN R. H'ERIN JR. ITY ATTORNEY r9 L