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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1982-0241 2 3 4 1 8 9 10 11 12 13 14 15 16 —7 20 21 22 23 24 25 26 27 26 29 32 33 34 35 36 Introduced by: !�IA Temp. #930 Rev. 11/18/81 CITY OF TAMARAC, FLORIDA ORDINANCE NO.T AN ORDINANCE OF THE CITY OF TAMARAC ADOPTING AN AMENDMENT TO THE LAND USE ELEMENT OF THE CITY COMPREHENSIVE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION 163.3187 OF THE FLORIDA STATUTES; BY ALLOWING ADDITIONAL RESIDENTIAL UNITS ON THE PROPERTY DESCRIBED AS PARCEL A OF THE MAINLANDS OF TAMARAC LAKES UNIT 15, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND LOCATED ON THE EAST BY THE EASTERN BOUNDARY LINE OF THE CITY, ON THE WEST AND SOUTH BY VANGUARD VILLAGE, SECTION 15. THE NORTH PROPERTY LINE OF THE PROPERTY LIES APPROXIMATELY 270 FEET SOUTH OF MCNAB ROAD; PROVIDING FOR AMENDMENT TO THE LAND USE ELEMENT TO REFLECT SUCH CHANGE; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISION; AND PROVIDING AN EFFECTIVE DATE. 11/25/81 11/30/81 1/6/82 3/ 24/82 WHEREAS, provisions of the Local Government Comprehensive Planning Act of 1975 require adoption of a municipal comprehensive plan; and WHEREAS, the City of Tamarac, pursuant to said Local Government Comprehensive Planning Act, and in accordance with all its terms and provisions, has prepared and adopted a comprehensive plan which has been submitted to and reviewed by the South Florida Water Management District, the South Florida Regional Planning Council, and the State Department of Administration and has been certified by the Broward County Planning Council on September 27, 1979; and WHEREAS, an amendment to the Land Use Element that would transfer 100 available Reserve Units in Flexibility Zone 60 to the applicant's property has been applied for by the Shell Oil Company; and WHEREAS, the local planning agency of the City of Tamarac has reviewed an amendment to the Land Use Plan of the City of Tamarac over a portion of Flexibility Zone 60 proposed to change a 20 acre parcel -from Low Density Residential 5 DU/AC to Low Medium Density Residential 5-10 DU/AC, as located in Exhibit A attached hereto and made a part of this Ordinance; and has made a recommendation to the City Council; and WHEREAS, the portion of Flexibility Zone 60, as amended, located within the City of Tamarac will be submitted to the Broward County Planning Council for re -certification; and 1 2 3 4 1 1 9 10 11 12 13 14 15 16 ,7 1, 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 WHEREAS, the City Council of the City of Tamarac has held public hearings on this amendment to the Land Use Plan Element of the Comprehensive Plan following due public notice and notification by mail to Shell Oil Company, the sole property owner, the use of whose land would be affected, Shell Oil Company specifically petitioning the City of Tamarac to effect the aforementioned Land Use Plan Amendment; and WHEREAS, the Council has determined that the amendment involves less than 5% of the total land area of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: FINDINGS OF FACT The Council has reviewed the application and finds the following: 1. The application is consistent with the goals and objectives of the Tamarac Comprehensive Master Plan; 2. The characteristics of the surrounding area and the characteristics included in the proposed development are compatible; 3. The City has the abi 1 i ty or will have the ability to provide necessary services for the additional dwelling units; 4. The payment for municipal purposes of $150,000 is determined to be reasonable by the Council. 5. The recitations contained in the "WHEREAS" clauses above are true and correct. SECTION 2: That the amendment to the certified Land Use Plan of the City of Tamarac, Petition No. 1RU-81, reviewed by the Local Planning Agency and approved by the City Council, attached hereto and made a part of this ordinance, as shown on Exhibit A from Low Density Residential 5 DU/AC to Low Medium Density Residential 5-10 DU/AC, is hereby adopted and shall become effective upon certification by the Broward County Planning Council. This amendment shall be construed as permitting a maximum of 100 additional residential units to be constructed on the property described in Exhibit A and page 32 of Tamarac's Land Use Element shall be revised as shown in Exhibit B. elz 1 2 3 4 1 1 9 10 11 ZZ 13 14 15 16 —7 .4i 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 SECTION 3: That the City Planner is further authorized to make the necessary textual changes to the certified Land Use Plan and the changes to the map in order to reflect the above stated changes. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION 5: This Ordinance shall become effective immediately upon certification of the Amendment by the Broward County Planning Council. If said certification does not occur by December 31 1982, this Ordinance shall be null and void. PASSED FIRST READING this,:?5�ay of _ r ""`"�"" 1982. PASSED SECOND READING this/ ��� day of 1982. ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE CITY ATTQRNEII,<,-ri%)6) WF MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE cohd, 99.;A1 PARCEL A OF THE MAINLANDS OF T/'tWAC LAKES U' Y'?T 15, ACCORDING TO THE PLAT THEREOF RFr.nRDED IN PLAT BOOK 7i, PAGE 3 OF THE PUBLIC R!-,CORDS OF BROWARD COUNTY, FLORIDA. 60 0-6 �C LrvI7- /4 PARCEL &C Rsc b-036 AC r wAPlw BOCK .31z CHURCH 5iTE AC)?E.S rewcr x 8'L T1 L rT� J " r'� i • • .. , -• ! Ir 'cwry i � �.� CHURCN sire T E A I cu s _ U AO \ 5EHRIN6 OFFICE THE I' MAWAL A D � I ri o s� 2 19 /a967G54-5? / O /O . ■ EXHIBIT A 1 2'' 3 4 Study Area 42 64 i 60 T 61 TOTAL EXHIBIT B Table 3 TAMARAC TOTAL DWELLING UNITS BY STUDY AREA City Overall County Difference City (Reserve Density Units) 3113 3.9 du/ac 3249 + 136 i 4274 3.7 5272 I 6 + 998 (263 i max.permitted) i 54621 4.6 5561 + 99 2 9045 4.9 9058 + 13 14273 5.5 14273 0 36067 4.8 37413 611 * See Section 2 of "implementation Procedures". Flexibility Zone 60 1 5362 = Original Total Residential units per Ordinance #79-64 +100 = Amended by Ordinance No. 81- 5462 = Total Residential Units in Flexibility Zone 60 2 199 - Original Total Reserve Units per Ordinance #79-64 -100 - Added to 20 acre parcel by Ordinance No. 81- 99 - Total remaining reserve units in Flexibility Zone 60.