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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1993-001Temp. Ord. # 1631 CITY OF TAMARAC, FLORIDA ORDINANCE 140. 0- 9 3- 1 AN ORDINANCE OF THE CITY OF TAMARAC ADOPTING AID AMENDMENT TO THE LAND USE ELEMENT OF THE CITY COMPREHENSIVE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION 163.3187 OF THE FLORIDA STATUTES; CON- CERNING A PROPOSAL BY REGENCY HOMES, INC., TO CHANGE THE USE OF LAND DESCRIBED AS PARCEL "A" OF WOODMONT TRAdT 56 AS RE- CORDED IN PLAT BOOK 123, PAGE 44 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY DRIVE AND NORTHWEST 78 STREET FROM COMMERCIAL TO LOW DENSITY RESIDENTIAL (FIVE (5) OR LESS DWELLING UNITS PER ACRE) COMPRISING 10.727 ACRES; PETITION NO. 1- LUA-92; PROVIDING FOR AMENDMENT TO THE LAND USE ELEMENT TO REFLECT SUCH CHANGE; PROVIDING REPEALER; PROVIDING FOR SEVER - ABILITY OF INVALID PROVISIONS; AND PROVID- ING AN EFFECTIVE DATE. WHEREAS, provisions of the local Government Comprehensive Planning and Land Development Regulation Act of 1985 require adoption of a 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 Community Affairs; and WHEREAS, the local planning agency of the City of Tamarac has reviewed this amendment to the Land Use Plan of the City of Tamarac as located in Exhibit "A" attached hereto and made a part of this Ordinance; and has made a recom- mendation to the City Council; and 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; and WHEREAS, the Council has determined that the amendment involves less than 5% of the total land area of Tamarac. i Temp. Ord. # 1631 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 applicant is requesting a Land Use Plan Map amendment from commercial to residential for the above referenced parcel. 2. Regency Homes has also applied for a rezoning to R-1 (Single Family Residential) consistent with the land use amendment. 3. This change to the Land Use Plan Map is consistent with the following goals, objectives and policies of the City's Comprehensive Plan: Goal: Future Land Use Objectives: 1,4,10013 and 16 Policies: 10.1,10.2,10.8 and 16.1 Goal: Housing Objectives: 1,3 and 9 Policies: 1.4 and 1.5 4. The applicant states in the attached application that the change will be consistent with' surrounding properties. The area to the west is residential as well as the area just north of the golf course. This residential property also fronts on University Drive. The applicant states that there is adequate distance and bbffering of this property from abutting commercial property; and due tb the current economic -climate, there is -plenty of -vacant commercial land to accommodate future commercial growth. 5.'Surrounding Land Uses and Zones are: Direction Land Use Zonin NorEH Recreation S- East Commercial B-6 & B-3 South Commercial B-1 West Residential R-3U 6. To facilitate the land use amendment from commercial to residential, there must be an authorization of residential flexibility. This site is located on Flex Zone 61. There are 620 dwelling units available within Flex Zone 61. The applicant is requesting 48 of the 620 units. 7. The Planning Commission recommended approval of this application on December 16, 1992. 8. Prior to development, the applicant will be required to file a delegation request to amend the notation on the face of the plat referring to commercial square footage. SECTION 2: That the amendment to the certified Land Use Plan of the City of Tamarac, Petition No. 1-LUA-92, 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 Commercial to Low Density Residential is hereby adopted and shall become effective upon second reading of the City Council. Temp. Ord. # 1631 I'A 1 t' SECTION 3 : That the City 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 6: This Ordinance shall become effective immediately upon adoption by the City Council.. PASSED FIRST READING this 13"'aay of , 1993. PASSED SECOND READING thisJOc*aay of tZ:Z , 1993. I1_ZZ'S-'W4 L. BENDER MAYOR ATTEST: CAR L . EVANS CITY CLERK I HEREBY CERTIFY that I have a ...,coved this ORDINANCE as to orm RECORD OF COUMCII #AAYO(-MI LLw�� WSTR �i ...-.�- KA S. DtSTRiCT t: C/M K�tT�_ CITY ATTORNEY �� — DISTRICT 2: V, d SOH &u DISTRICT 3:__CdN SCE =11p DISTRICT 4: C/M AARAUrM raw i AP' • - �� NT �`. (132-43) - rARCEL "A" o . w. .TRACT D ti G 3� Q a yr 3 l G� o V v1 sces ".1� �6 �• sc w F UNIVERSITY CLUB .• APARTMENTS IL 7 I-- 1 Q M C•q r� e.. 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